HomeMy Public PortalAbout13992ORDINANCE NO. 13992
AN ORDINANCE, declaring the necessity for the acquisition of easements and
temporary easements in certain real property within The Metropolitan St. Louis Sewer District
for the purpose of construction of sewers and related appurtenances in the project known as
Webster Acres Sanitary Sewer Replacement - 11086 to serve the needs of residents of the area,
and authorizing staff to proceed with further condemnation efforts related to the project,
including but not limited to the purchase and/or the filing of all necessary court pleadings or
documents to commence and prosecute formal legal proceedings for the acquisition of said
easements and temporary construction easements.
WHEREAS, there exists within The Metropolitan St. Louis Sewer District an area
of the County of St. Louis within the Mattese Creek Watershed wherein live and work numerous
people; and
WHEREAS, sewage gathered from such area will have no adequate means of
disposition, and will constitute a menace to public health and welfare of the general public and
the residents of The Metropolitan St. Louis Sewer District; and
WHEREAS, it is the purpose and design of The Metropolitan St. Louis Sewer
District to protect the public health and welfare by construction, reconstruction, maintenance or
repair of sewers and related appurtenances on, over and across said area in order to relieve and
alleviate these conditions;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE METROPOLITAN ST. LOUIS SEWER DISTRICT:
Section One. In order to protect the public health and relieve dangerous
conditions, it is necessary to appropriate and acquire by the exercise of eminent domain or
otherwise easements and temporary construction easements in real property for the construction
of sewers and related appurtenances in the project known as Webster Acres Sanitary Sewer
Replacement - 11086 as hereinafter set forth, said easements and temporary easements being
more particularly described below:
Parcel #08
A VARIABLE WIDTH EASEMENT across part of Lots 28 and 29 in Block 2 of Webster Acres
Second Addition as recorded in Plat Book 31, Page 29 of St. Louis County, Missouri Recorder’s
Office and part of Lots 12 and 13 in Block 3 of John E. Smith’s Subdivision of Shady Side
Heights as recorded in Plat Book 2, Page 92 of said Recorder’s Office and being more
particularly described as follows:
BEGINNING at the northwestern corner of said Lot 28, said northwestern corner also being on
the southeastern line of said Lot 12; THENCE South 63 degrees 57 minutes 52 seconds West
along the common line of said Lot 12 in Block 3 of John E. Smith’s Subdivision of Shady Side
Heights and Lot 27 in said Block 2 of Webster Acres Seconds Addition a distance of 5.99 feet to
a point; THENCE North 26 degrees 07 minutes 08 seconds West a distance of 2.27 feet to a
point; THENCE North 63 degrees 52 minutes 52 seconds East a distance of 119.63 feet to a
point; THENCE South 29 degrees 47 minutes 20 seconds East along a line parallel and westerly
12.00 feet from the eastern line of said Lot 13 a distance of 2.45 feet to a point; THENCE South
63 degrees 57 minutes 52 seconds West along the common line of said Lot 13 and said Lot 29 a
distance of 3.22 feet to a point; THENCE South 37 degrees 46 minutes 08 seconds East along a
line parallel and westerly 20.00 feet from the eastern line of said Lot 29 a distance of 7.72 feet to
a point; THENCE South 63 degrees 52 minutes 52 seconds West a distance of 104.99 feet to a
point; THENCE South 44 degrees 36 minutes 43 seconds East a distance of 97.66 feet to a point
of curvature; THENCE 6.87 feet along a curve to the left being the right-of-way line of Webster
Acres (Variable Width) Street having a radius of 52.56 feet and a chord bearing of South 55
degrees 46 minutes 22 seconds West to a point; THENCE North 43 degrees 18 minutes 08
seconds West along the western line of said Lot 28 a distance of 106.04 feet to the POINT OF
BEGINNING, excepting therefrom those portions covered by the existing 5.00 foot wide
easement recorded in said Plat Book 31 Page 29.
Also TWO (2) VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENTS for use
during the construction of any sewer in the above described sewer easement, said VARIABLE
WIDTH TEMPORARY CONSTRUCTION EASEMENTS being more particularly described as
follows:
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #1 COMMENCING at
the said northwestern corner of Lot 28; THENCE South 43 degrees 18 minutes 08 seconds East
along the said western line of Lot 28 a distance of 106.04 feet to a point of curvature; THENCE
6.87 feet along a curve to the right being the said right-of-way line of Webster Acres (Variable
Width) Street having a radius of 52.56 feet and a chord bearing of North 55 degrees 46 minutes
22 seconds East to the POINT OF BEGINNING; THENCE North 44 degrees 36 minutes 43
seconds West along the northeastern line of herein described VARIABLE WIDTH EASEMENT
a distance of 97.66 feet to a point; THENCE North 63 degrees 52 minutes 52 seconds East along
the southern line of herein described VARIABLE WIDTH EASEMENT a distance of 15.82 feet
to a point; THENCE South 44 degrees 36 minutes 43 seconds East a distance of 8.90 feet to a
point; THENCE South 31 degrees 14 minutes 50 seconds East a distance of 28.39 feet to a point;
THENCE North 62 degrees 23 minutes 32 seconds East a distance of 3.27 feet to a point;
THENCE South 29 degrees 48 minutes 08 seconds East a distance of 25.92 feet to a point;
THENCE North 59 degrees 10 minutes 56 seconds East a distance of 10.36 feet to a point;
THENCE South 44 degrees 36 minutes 43 seconds East a distance of 32.53 feet to a point;
THENCE South 64 degrees 02 minutes 41 seconds West along the said right-of-way line of
Webster Acres (Variable Width) Street a distance of 11.63 feet to a point of curvature; THENCE
4.16 feet along a curve to the left being the said right-of-way line of Webster Acres (Variable
Width) Street having a radius of 52.56 feet and a chord bearing of South 61 degrees 46 minutes
47 seconds West to the POINT OF BEGINNING.
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #2 COMMENCING at
the said northwestern corner of Lot 28; THENCE South 63 degrees 57 minutes 52 seconds West
along the said common line of Lot 12 in Block 3 and Lot 27 in Block 2 a distance of 5.99 feet to
the POINT OF BEGINNING; THENCE South 63 degrees 57 minutes 52 seconds West along the
said common line of Lot 12 in Block 3 and Lot 27 in Block 2 a distance of 16.31feet to a point;
THENCE North 26 degrees 00 minutes 50 seconds West a distance of 19.79 feet to a point;
THENCE North 63 degrees 59 minutes 10 seconds East a distance of 134.79 feet to a point;
THENCE South 29 degrees 47 minutes 20 seconds East along the said line parallel and westerly
12.00 feet from the eastern line of said Lot 13 a distance of 17.33 feet to a point; THENCE South
63 degrees 52 minutes 52 seconds West along herein described northern line of VARIABLE
WIDTH EASEMENT a distance of 119.63 feet to a point; THENCE South 26 degrees 07
minutes 08 seconds East along the western line of herein described VARIABLE WIDTH
EASEMENT a distance of 2.27 feet to the POINT OF BEGINNING.
The TWO (2) VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENTS will
become null and void upon completion of the above described construction.
Section Two. Counsel for The Metropolitan St. Louis Sewer District be and is
hereby authorized to enter into contracts to acquire by purchase to the extent possible or to
continue with the condemnation process by preparing and/or filing all necessary court pleadings
and documents to institute and prosecute legal actions in condemnation to acquire all easements
for the above-referenced project, pursuant to the provisions of the Charter of The Metropolitan
St. Louis Sewer District and the laws of the State of Missouri for the appropriation of private
property rights as hereinabove set out.
The foregoing Ordinance was adopted on November 13, 2014.