HomeMy Public PortalAbout14654 Upper Maline Trunk Sanitary Relief Phase IV Section B (11791)ORDINANCE NO. 14654
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 Maline Trunk Sanitary Relief Phase IV Section B (11791) in the Cites of Ferguson,
Kinloch 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 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 Maline Creek Watershed wherein numerous people live and
work;
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 Maline Trunk Sanitary Relief
Phase IV Section B (11791) as hereinafter set forth, said easements and temporary easements
being more particularly described below:
Parcel #16
A 7.50 FOOT WIDE EASEMENT across a tract of land in Block 25, Block 26 and vacated
Boyd Street of South Kinloch Park Second Addition as recorded in Plat Book 6, Page 68 of the
St. Louis County Recorder’s Office and being more particularly described as follows:
A 7.50 FOOT WIDE EASEMENT lying adjacent to the southeastern line of a tract of land
conveyed to St. John Missionary Baptist Church by deed recorded in Deed Book 12597 Page 52
of the St. Louis County Recorder’s Office, said southeastern line also being the northwestern line
of a tract of land conveyed to National Auto Broker, LLC by deed recorded in Deed Book 13732
Page 979 (PARCEL 1) of said Recorder’s Office, bounded on the southwest by the eastern right-
of-way lines of Martin Luther King (variable width) Boulevard (formerly Carson Road) and
bounded on the northeast by the southwestern line of a tract of land conveyed to Northpark
Partners, LLC by deed recorded in Deed Book 17367 Page 4708 of said Recorder’s Office.
Also a 17.50 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT for use during the
construction of any sewer in the above described sewer easement, said 17.50 FOOT WIDE
TEMPORARY CONSTRUCTION EASEMENT being more particularly described as follows:
A 17.50 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT lying adjacent to the
northwestern line of herein described 7.50 FOOT WIDE EASEMENT, bounded on the
southwest by the said eastern right-of-way lines of Martin Luther King (variable width)
Boulevard (formerly Carson Road) and bounded on the northeast by the said southwestern line of
a tract of land conveyed to Northpark Partners, LLC by deed recorded in Deed Book 17367 Page
4708 of said Recorder’s Office.
The 17.50 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT will become null and
void upon completion of the above described construction.
Parcel #18
A 15.00 FOOT WIDE EASEMENT across a tract of land in Block 26 and part of vacated Boyd
(25.00 foot wide) Street and Smith (40.00 foot wide) Avenue of South Kinloch Park Second
Addition as recorded in Plat Book 6, Page 68 of the St. Louis County Recorder’s Office and
being more particularly described as follows:
COMMENCING at the intersection point of the northwestern right-of-way line of said Boyd
(25.00 foot wide) Street as vacated by Ordinance # 341, said northwestern right-of-way line also
being the southeastern right-of-way line of Suburban (50.00 foot wide) Avenue and the center
line of Smith (40.00 foot wide) Avenue as vacated by Ordinance # 395: THENCE South 22
degrees 43 minutes 38 seconds East along said centerline a distance of 8.00 feet to the POINT
OF BEGINNING of herein described 15.00 FOOT WIDE EASEMENT; THENCE South 22
degrees 43 minutes 38 seconds East along said centerline a distance of 15.00 feet to a point;
THENCE South 67 degrees 16 minutes 22 seconds West a distance of 447.43 feet to a point;
THENCE South 68 degrees 29 minutes 24 seconds West a distance of 195.74 feet to a point;
THENCE South 67 degrees 16 minutes 22 seconds West a distance of 61.30 feet to a point;
THENCE North 65 degrees 48 minutes 08 seconds West along the common line between a tract
of land conveyed to LWFC, LLC by deed recorded in Deed Book 21253 Page 658 of the said
Recorder’s Office and a tract of land conveyed to National Auto Broker, LLC by deed recorded
in Deed Book 13732 Page 979 of the said Recorder’s Office a distance of 20.54 feet to a point;
THENCE North 67 degrees 16 minutes 22 seconds East a distance of 75.49 feet to a point;
THENCE North 68 degrees 29 minutes 24 seconds East a distance of 195.74 feet to a point;
THENCE North 67 degrees 16 minutes 22 seconds East a distance of 447.27 feet to the POINT
OF BEGINNING.
Also a VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #1 and a 27.50
FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT #2 for use during the
construction of any sewer in the above described sewer easement, said TEMPORARY
CONSTRUCTION EASEMENTS being more particularly described as follows:
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #1 lying adjacent to
the northwestern lines of herein described 15.00 FOOT WIDE EASEMENT; bounded on the
northeast by the said centerline of Smith Avenue, bounded on the northwest by the said
southeastern right-of-way line of Suburban Avenue and bounded on the southwest by the said
common line between a tract of land conveyed to LWFC, LLC and a tract of land conveyed to
National Auto Broker, LLC.
A 27.50 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT #2 lying adjacent to the
southeastern lines of herein described 15.00 FOOT WIDE EASEMENT; bounded on the
northeast by the said centerline of Smith Avenue and bounded on the southwest by the said
common line between a tract of land conveyed to LWFC, LLC and a tract of land conveyed to
National Auto Broker, LLC.
The VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #1 and 27.50 FOOT
WIDE TEMPORARY CONSTRUCTION EASEMENT #2 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 May 11, 2017.