HomeMy Public PortalAbout14024 Black Creek Sanitary Sewer and I/I Reduction 11883ORDINANCE NO. 14024
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
Black Creek Sanitary Sewer and I/I Reduction (11883) in the City of University City, Missouri,
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 &/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 Black Creek Tributary within the Deer 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 Black Creek Sanitary Sewer and I/I
Reduction (11883) as hereinafter set forth, said easements and temporary easements being more
particularly described below:
Parcel #1
A 5.00 FOOT WIDE EASEMENT across the eastern 50.00 feet of Lot 2 in Block 6 of
University View as recorded in Plat Book 19, Page 45 of the St. Louis County, Missouri
Recorder’s Office and being more particularly described as follows:
A 5.00 FOOT WIDE EASEMENT across the northern end of the said eastern 50.00 feet of Lot
2, lying adjacent to the southern right-of-way line of Teasdale (50.00 foot wide) Avenue
formerly Washington Avenue, bounded on the east by the western right-of-way line of Gay
(40.00 foot wide) Avenue and bounded on the west by the eastern line of a tract of land
conveyed to Michael W. Sherraden and Margaret S. Sherraden by deed recorded in Deed Book
7187, Page 395 of said Recorder’s Office.
Parcel #2
A 5.00 FOOT WIDE EASEMENT across the western 50.00 feet of Lot 2 in Block 6 of
University View as recorded in Plat Book 19, Page 45 of the St. Louis County, Missouri
Recorder’s Office and being more particularly described as follows:
A 5.00 FOOT WIDE EASEMENT across the northern end of the said western 50.00 feet of Lot
2, lying adjacent to the southern right-of-way line of Teasdale (50.00 foot wide) Avenue
formerly Washington Avenue, bounded on the east by the western line of a tract of land
conveyed to Mark Henry Paradoski and Deborah Daher Paradoski by deed recorded in Deed
Book 15775 Page 659 of said Recorder’s Office and bounded on the west by the eastern line of a
tract of land conveyed to Mark K. Holly and Margaret A. R. Holly Joint Trust Agreement by
deed recorded in Deed Book 19811, Page 2798 of said Recorder’s Office.
Parcel #3
A 5.00 FOOT WIDE EASEMENT across Lot 3A of Re-subdivision of Lot 3 in Block 6 of
University View as recorded in Plat Book 318, Page 60 of the St. Louis County, Missouri
Recorder’s Office and being more particularly described as follows:
A 5.00 FOOT WIDE EASEMENT across the northern end of said Lot 3A, lying adjacent to the
southern right-of-way line of Teasdale (50.00 foot wide) Avenue formerly Washington Avenue,
bounded on the east by the western line of a tract of land conveyed to Michael W. Sherraden and
Margaret S. Sherraden by deed recorded in Deed Book 7187 Page 395 of said Recorder’s Office
and bounded on the west by the eastern line of a tract of land conveyed to Byron Cohen and
Linda Cohen by deed recorded in Deed Book 10053, Page 1940 of said Recorder’s Office.
Parcel #4
A 5.00 FOOT WIDE EASEMENT across Lot 3B of Re-subdivision of Lot 3 in Block 6 of
University View as recorded in Plat Book 318, Page 60 of the St. Louis County, Missouri
Recorder’s Office and being more particularly described as follows:
A 5.00 FOOT WIDE EASEMENT across the northern end of said Lot 3B, lying adjacent to the
southern right-of-way line of Teasdale (50.00 foot wide) Avenue formerly Washington Avenue,
bounded on the east by the western line of a tract of land conveyed to Mark K. Holly and
Margaret A. R. Holly Joint Trust Agreement by deed recorded in Deed Book 19811 Page 2798
of said Recorder’s Office and bounded on the west by the eastern line of a tract of land conveyed
to Martin Brooks and Leslie Leader Brooks by deed recorded in Deed Book 18297, Page 2774 of
said Recorder’s Office.
Parcel #7
A 5.00 FOOT WIDE EASEMENT across the western 63 feet 10 inches of Lot 5 in Block 6 of
University View as recorded in Plat Book 19, Page 45 of the St. Louis County, Missouri
Recorder’s Office and being more particularly described as follows:
A 5.00 FOOT WIDE EASEMENT across the northern end of said western 63 feet 10 inches of
Lot 5, lying adjacent to the southern right-of-way line of Teasdale (50.00 foot wide) Avenue
formerly Washington Avenue, bounded on the east by the western line of a tract of land
conveyed to Raw Family Revocable Trust by deed recorded in Deed Book 19545 Page 1508 of
said Recorder’s Office and bounded on the west by the eastern line of a tract of land conveyed to
Karen R. DeCarlo by deed recorded in Deed Book 20509, Page 1348 of said Recorder’s Office.
Parcel #14
A 2.51 FOOT WIDE EASEMENT across the southeast 50 feet of Lot 3 in Block 2 of University
View as recorded in Plat Book 19, Page 45 of the St. Louis County, Missouri Recorder’s Office
and being more particularly described as follows:
A 2.51 FOOT WIDE EASEMENT lying adjacent to the northeastern right-of-way line of
Mapleview (50.00 foot) Drive, bounded on the southeast by a tract of land conveyed to Mary M.
Bamberger and Philip D. Bamberger by deed recorded in Deed Book 9268, Page 2111 of said
Recorder’s Office and bounded on the northwest by a tract of land conveyed to Brookhill
Development, LLC by deed recorded in Deed Book 18292, Page 2742 of said Recorder’s Office.
Also a 5.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT for use during the
construction of any sewer in the above described sewer easement, said 5.00 FOOT WIDE
TEMPORARY CONSTRUCTION EASEMENT being more particularly described as follows:
A 5.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT lying adjacent to the
northeastern line of herein described 2.51 FOOT WIDE EASEMENT, bounded on the southeast
by the said tract of land conveyed to Mary M. Bamberger and Philip D. Bamberger and bounded
on the northwest by the said tract of land conveyed to Brookhill Development, LLC
The 5.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT will become null and
void upon completion of the above described construction.
Parcel #15
A 2.51 FOOT WIDE EASEMENT across the northwest 50 feet of Lot 2 in Block 2 of University
View as recorded in Plat Book 19, Page 45 of the St. Louis County, Missouri Recorder’s Office
and being more particularly described as follows:
A 2.51 FOOT WIDE EASEMENT lying adjacent to the northeastern right-of-way line of
Mapleview (50.00 foot) Drive, bounded on the southeast by a tract of land conveyed to Timothy
P. O’Connor and Elizabeth H. O’Connor by deed recorded in Deed Book 11323, Page 2586 of
said Recorder’s Office and bounded on the northwest by a tract of land conveyed to Sharon H.
Davis by deed recorded in Deed Book 20610, Page 26 of said Recorder’s Office.
Also a 5.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT for use during the
construction of any sewer in the above described sewer easement, said 5.00 FOOT WIDE
TEMPORARY CONSTRUCTION EASEMENT being more particularly described as follows:
A 5.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT lying adjacent to the
northeastern line of herein described 2.51 FOOT WIDE EASEMENT, bounded on the southeast
by the said tract of land conveyed to Timothy P. O’Connor and Elizabeth H. O’Connor and
bounded on the northwest by the said tract of land conveyed to Sharon H. Davis.
The 5.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT will become null and
void upon completion of the above described construction.
Parcel #16
A 2.51 FOOT WIDE EASEMENT across the southeast 50 feet of Lot 2 in Block 2 of University
View as recorded in Plat Book 19, Page 45 of the St. Louis County, Missouri Recorder’s Office
and being more particularly described as follows:
A 2.51 FOOT WIDE EASEMENT lying adjacent to the northeastern right-of-way line of
Mapleview (50.00 foot) Drive, bounded on the southeast by a tract of land conveyed to Linda M.
Grabel and Donald S. Grabel trustees by deed recorded in Deed Book 12496, Page 1670 of said
Recorder’s Office and bounded on the northwest by a tract of land conveyed to Mary M.
Bamberger and Philip D. Bamberger by deed recorded in Deed Book 9268, Page 2111 of said
Recorder’s Office.
Also a 5.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT for use during the
construction of any sewer in the above described sewer easement, said 5.00 FOOT WIDE
TEMPORARY CONSTRUCTION EASEMENT being more particularly described as follows:
A 5.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT lying adjacent to the
northeastern line of herein described 2.51 FOOT WIDE EASEMENT, bounded on the southeast
by the said tract of land conveyed to Linda M. Grabel and Donald S. Grabel trustees and
bounded on the northwest by the said tract of land conveyed to Mary M. Bamberger and Philip
D. Bamberger.
The 5.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT 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 January 8, 2015.