HomeMy Public PortalAbout14336 Upper Coldwater Section D I-I Reduction (11681)ORDINANCE NO. 14336
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
Upper Coldwater Section D I/I Reduction – 11681 in the Cities of Edmundson, Woodson
Terrace and Berkeley, 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 Upper Coldwater Section D I/I
Reduction – 11681 as hereinafter set forth, said easements and temporary easements being more
particularly described below:
The foregoing ordinance was adopted on March 10, 2016.
Parcel #01
A 5.00 FOOT WIDE EASEMENT across part of Lot 23 of Bobbie Downs as recorded in Plat
Book 91, Page 25 of the St. Louis County Recorder’s Office and being more particularly
described as follows:
COMMENCING at the southeast corner of said Lot 23, said point also being on the north line of
a tract of land conveyed to Eleanor D and Earnest L Carter, being a tract of land recorded in
Deed Book 7040, page 670 of the St. Louis County Recorder’s Office, said point also being on
the western right of way line of Edmundson (45’W) Road, thence along the east line of said Lot
23, North 07 degrees 05 minutes 25 seconds East a distance of 70.05 Feet to the POINT OF
BEGINNING, Thence North 82 degrees 54 minutes 35 seconds West a distance of 5.00 feet;
Thence North 07 degrees 05 minutes 25 Seconds East a distance of 10.00 feet; Thence South 82
degrees 54 minutes 35 seconds East a distance of 5.00 feet to a point on said east line; Thence
along said east line, South 07 degrees 05 minutes 25 seconds West a distance of 10.00 feet to the
POINT OF BEGINNING.
Also one (1) 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 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT lying adjacent to the
northern, western and southern lines of herein described 5.00 FOOT WIDE EASEMENT.
The one (1) TEMPORARY CONSTRUCTION EASEMENT will become null and void upon
completion of the above described construction.
Parcel #02
A VARIABLE WIDTH EASEMENT across part of Lot 9 of Edmundson Terrace Block 5 as
recorded in Plat Book 37, Page 47 of the St. Louis County Recorder’s Office and being more
particularly described as follows:
BEGINNING at the most northern corner of said Lot 9, said point also being the southwest
corner of Lot 10 of said Edmundson Terrace Block 5; thence South 57 degrees 57 minutes 38
seconds East along a common line being the northeastern line of said Lot 9 and the southwestern
line of said Lot 10 a distance of 29.68 feet; thence leaving said common line South 76 degrees 38
minutes 39 seconds West a distance of 32.68 feet to a point being on the west line of said Lot 9
and the east line of Lot 7 of said Edmundson Terrace Block 5; thence North 15 degrees 55
minutes 08 seconds East along a common line being the western line of said Lot 9 and the
eastern line of said Lot 7 a distance of 24.22 feet to the POINT OF BEGINNING. Less and
excepting therefrom those portions covered by the existing easement recorded in said Plat Book
37, Page 47 of said recorder’s office.
Also one (1) 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 Commencing at a
point being the most northern corner of said Lot 9, said point also being the southwest corner of
Lot 10 of said Edmundson Terrace Block 5; thence South 57 degrees 57 minutes 38 seconds East
along a common line being the northeastern line of said Lot 9 and the southwestern line of said
Lot 10 a distance of 29.68 feet to the POINT OF BEGINNING; thence South 57 degrees 57
minutes 38 seconds East along said common line a distance of 103.65 feet to the southeast corner
of said Lot 9, the southwest corner of said Lot 10, and located on the north right of way line of
Otis (50’ W) Drive; thence along a curve to the right 10.23 feet along the northern right-of-way
line of Otis (50’W) Drive, having a radius of 140.00 feet and a chord bearing South 44 degrees
02 minutes 14 seconds West, thence leaving said right-of-way North 57 degrees 57 minutes 38
Seconds West a distance of 38.59 feet; thence North 23 degrees 07 minutes 55 seconds West a
distance of 9.30 feet; thence North 61 degrees 46 minutes 37 seconds West a distance of 15.33
feet, thence South 67 degrees 29 minutes 23 seconds West 5.26 feet, thence North 57 degrees 57
minutes 38 Seconds West a distance of 32.77 feet; thence South 76 degrees 38 minutes 39
Seconds West a distance of 32.62 feet to a point being on the west line of said Lot 9 and the east
line of Lot 8 of Edmundson Terrace Block 5; thence North 07 degrees 10 minutes 22 Seconds
East along a common line being the western line of said Lot 9 and the Eastern line of said Lot 8 a
distance of 8.53 feet to a point being the Northeast corner of said Lot 8 and southeast corner of
Lot 7 of Edmundson Terrace Block 5, thence North 15 degrees 55 minutes 08 seconds East along
a common line being the west line of said Lot 9 and the east line of said Lot 7 a distance of 2.31
feet, thence leaving said common line North 76 degrees 38 minutes 39 seconds East a distance of
32.68 feet to the POINT OF BEGINNING, less and excepting therefrom those portions covered
by the existing easements recorded in said Plat Book 37 Page 47 of said recorder’s office.
The One (1) 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.