HomeMy Public PortalAbout14079ORDINANCE NO. 14079
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
Dixie I/I Reduction (11738) in the Cities of Breckenridge Hills, Woodson Terrace, and
Unincorporated St. Louis County, 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 Coldwater 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 Dixie I/I Reduction (11738) as
hereinafter set forth, said easements and temporary easements being more particularly described
below:
Parcel #1
A VARIABLE WIDTH EASEMENT across Lot 1 in Block 1 of Tyrone Park as recorded in Plat
Book 36, Page 8 of the St. Louis County Recorder’s Office and being more particularly
described as follows:
BEGINNING at the southwest corner of Lot 1 in Block 1 of Tyrone Park, proceed thence along
the west line of said Lot 1, North 07 degrees 06 minutes 18 seconds East a distance of 57.00 feet
to the northwest corner thereof; thence along the north line of said Lot 1, South 82 degrees 53
minutes 42 seconds East a distance of 10.00 feet to a point; thence departing the north line of
said Lot 1, South 07 degrees 06 minutes 18 seconds West a distance of 28.24 feet to a point;
thence South 82 degrees 53 minutes 42 seconds East a distance of 10.00 feet to a point; thence
South 07 degrees 06 minutes 18 seconds West a distance of 28.76 feet to a point on the south line
of Lot 1; thence along the south line of said Lot 1 North 82 degrees 53 minutes 42 seconds West
a distance of 20.00 feet to the point of beginning.
Also a 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT for use during the
construction of any sewer in the above described sewer easement, said TEMPORARY
CONSTRUCTION EASEMENT being more particularly described as follows:
A 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT, COMMENCING at the
southwest corner of Lot 1 in Block 1 of Tyrone Park, South 82 degrees 53 minutes 42 seconds
East a distance of 20.00 feet to the point of beginning; proceed thence North 07 degrees 06
minutes 18 seconds East a distance of 28.76 feet to a point; thence North 82 degrees 53 minutes
42 seconds West a distance of 10.00 feet to a point; thence North 07 degrees 06 minutes 18
seconds East a distance of 10.00 feet to a point; thence South 82 degrees 53 minutes 42 seconds
East a distance of 20.00 feet to a point; thence South 07 degrees 06 minutes 18 seconds West a
distance of 38.76 feet to a point on the south line of the above mentioned Lot 1; thence along the
south line of said Lot 1, North 82 degrees 53 minutes 42 seconds West a distance of 10.00 feet to
the point of beginning.
The TEMPORARY CONSTRUCTION EASEMENT will become null and void upon
completion of the above described construction.
Parcel #2
A 20.00 FOOT WIDE EASEMENT across Lot 2 in Block 1 of Tyrone Park as recorded in Plat
Book 36, Page 8 of the St. Louis County Recorder’s Office and being more particularly
described as follows:
A 20.00 FOOT WIDE EASEMENT across Lot 2 in Block 1 of Tyrone Park, bounded on the
west by the east line of Lot 3 in Block 1 of Tyrone Park, bounded on the north by the south line
of Lot 1 in Block 1 of Tyrone Park and bounded on the south by the north right of way line of
Muriel Avenue, 50 feet wide.
Also a 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT for use during the
construction of any sewer in the above described sewer easement, said TEMPORARY
CONSTRUCTION EASEMENT being more particularly described as follows:
A 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT, lying east of and
adjacent to the above described 20.00 foot wide easement, bounded on the north by the south line
of Lot 1 in Block 1 of Tyrone Park and bounded on the south by the north right of way line of
Muriel Avenue, 50 feet wide.
The TEMPORARY CONSTRUCTION EASEMENT will become null and void upon
completion of the above described construction.
Parcel #4
A 20.00 FOOT WIDE EASEMENT across Lot 2 in Block 2 of Tyrone Park as recorded in Plat
Book 36, Page 8 of the St. Louis County Recorder’s Office and being more particularly
described as follows:
BEGINNING at the northwest corner of Lot 2 in Block 2 of Tyrone Park, proceed thence along
the north line of said Lot 2, South 82 degrees 53 minutes 42 seconds East a distance of 20.00 feet
to a point; thence departing the north line of said Lot 2, South 07 degrees 06 minutes 18 seconds
West a distance of 14.00 feet to a point; thence North 82 degrees 53 minutes 42 seconds West a
distance of 20.00 feet to a point on the west line of Lot 2; thence along the west line of said Lot
2, North 07 degrees 06 minutes 18 seconds East a distance of 14.00 feet to the point of
beginning.
Also a 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT for use during the
construction of any sewer in the above described sewer easement, said TEMPORARY
CONSTRUCTION EASEMENT being more particularly described as follows:
A 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT, lying adjacent to the
south and east lines of the above described 20.00 foot wide easement, bounded on the north by
the north line of Lot 2 and bounded on the west by the west of said Lot 2.
The TEMPORARY CONSTRUCTION EASEMENT will become null and void upon
completion of the above described construction.
Parcel #10
A 5.00 FOOT WIDE EASEMENT across Lot 20 in Block 5 of Orchard Hill as recorded in Plat
Book 18, Page 33 of the St. Louis County Recorder’s Office and being more particularly
described as follows:
COMMENCING at the northeast corner of Lot 20 in Block 5 of Orchard Hill, South 07 degrees
10 minutes 04 seconds West a distance of 2.66 feet along the west right of way line of Royalton
Avenue, 40 feet wide, to the point of beginning, proceed thence along the west right of way line
of said Royalton Avenue, South 07 degrees 10 minutes 04 seconds West a distance of 10.00 feet
to a point; thence departing the west right of way line of said Royalton Avenue, North 82 degrees
33 minutes 03 seconds West a distance of 5.00 feet to a point; thence North 07 degrees 10
minutes 04 seconds East a distance of 10.00 feet to a point; thence South 82 degrees 33 minutes
03 seconds East a distance of 5.00 feet to the point of beginning.
Also a VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT for use during the
construction of any sewer in the above described sewer easement, said TEMPORARY
CONSTRUCTION EASEMENT being more particularly described as follows:
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT, BEGINNING at the
northeast corner of Lot 20 in Block 5 of Orchard Hill, South 07 degrees 10 minutes 04 seconds
West a distance of 2.66 feet along the west right of way line of Royalton Avenue, 40 feet wide to
a point; thence departing the west right of way line of said Royalton Avenue, North 82 degrees
33 minutes 03 seconds West a distance of 5.00 feet to a point; thence South 07 degrees 10
minutes 04 seconds West a distance of 10.00 feet to a point; thence South 82 degrees 33 minutes
03 seconds East a distance of 5.00 feet to a point on the west right of way line of the above
mentioned Royalton Avenue; thence along the west right of way line of said Royalton Avenue,
South 07 degrees 10 minutes 04 seconds West a distance of 10.00 feet to a point; thence
departing the west right of way line of said Royalton Avenue, North 82 degrees 33 minutes 03
seconds West a distance of 15.00 feet to a point; thence North 07 degrees 10 minutes 04 seconds
East a distance of 22.66 feet to a point on the north line of Lot 20; thence along the north line of
said Lot 20, South 82 degrees 33 minutes 03 seconds East a distance of 15.00 feet to the point of
beginning.
The 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.