HomeMy Public PortalAbout15323 White Birch Pump Station (P-725) Elimination 12583ORDINANCE NO. 15323
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
White Birch Pump Station (P-725) Elimination (12583) 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 Coldwater, City of Hazelwood County of St. Louis within 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 White Birch Pump Station (P-725)
Elimination (12583) hereinafter set forth, said easements and temporary easements being more
particularly described below:
Parcel #2
A 10 FEET WIDE SEWER EASEMENT across a tract of land being part of U.S. Survey 143 of
St. Ferdinand Common Fields and conveyed to Joshua R. & Laura A. Mathias by Deed Book
22762, Page 2529 as recorded with the St. Louis County Recorder’s Office, St. Louis County,
Missouri and the centerline being more particularly described as follows:
10 FEET WIDE SEWER EASEMENT (#1), COMMENCING at a point in the centerline of
Teson Road (40’ wide) and the south line of U.S. Survey 144; THENCE along said south line,
South 52 degrees 46 minutes 14 seconds East a distance of 202.67 feet to the POINT OF
BEGINNING of the herein described centerline; THENCE leaving said south line of U.S.
Survey 144, South 38 degrees 55 minutes 19 seconds East a distance of 83.56 feet; THENCE
South 52 degrees 46 minutes 14 seconds East a distance of 217.37 feet to the POINT OF
TERMINUS.
ALSO VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT 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 (TCE#1),
COMMENCING at a point in the centerline of Teson Road (40’ wide) and the south line of U.S.
Survey 144; THENCE along said south line, South 52 degrees 46 minutes 14 seconds East a
distance of 98.22 feet to the POINT OF BEGINNING of the herein described easement;
THENCE continuing on said south line, South 52 degrees 46 minutes 14 seconds East a distance
of 83.56 feet; THENCE leaving said south line, South 38 degrees 55 minutes 19 seconds West a
distance of 104.44 feet; THENCE South 52 degrees 46 minutes 14 East a distance of 217.98 feet;
THENCE South 37 degrees 13 minutes 46 seconds West a distance of 30.00 feet; THENCE
North 52 degrees 46 minutes 14 seconds West a distance of 179.84 feet; THENCE North 38
degrees 55 minutes 19 seconds West a distance of 229.78 feet to the POINT OF BEGINNING of
the easement herein described.
TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of
the above described sewer construction.
Parcel #3
A 10 FEET WIDE SEWER EASEMENT across a tract of land being part of U.S. Survey 144 of
St. Ferdinand Common Fields and conveyed to Dolores Aubuchon by Deed Book 22247, Page
859 as recorded with the St. Louis County Recorder’s Office, St. Louis County, Missouri and the
centerline being more particularly described as follows:
10 FEET WIDE SEWER EASEMENT (#1), COMMENCING at a point in the centerline of
Teson Road (40’ wide) and the south line of U.S. Survey 144; THENCE along said south line,
South 52 degrees 46 minutes 14 seconds East a distance of 20.90 feet to a point on the southerly
right of way line of said Teson Road; THENCE along said right of way line, North 56 degrees 43
minutes 09 seconds East a distance of 43.72 feet to the POINT OF BEGINNING of the herein
described centerline; THENCE leaving said southerly right of way line, South 38 degrees 55
minutes 19 seconds East a distance of 191.88 feet to the POINT OF TERMINUS.
ALSO VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENTS for use during
the construction of any sewer in the above described SEWER EASEMENTS, said VARIABLE
WIDTH TEMPORARY CONSTRUCTION EASEMENTS being more particularly described as
follows:
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT (TCE#1),
COMMENCING at a point in the centerline of Teson Road (40’ wide) and the south line of U.S.
Survey 144; THENCE along said south line, South 52 degrees 46 minutes 14 seconds East a
distance of 20.90 feet to a point on the southerly right of way line of said Teson Road; THENCE
along said right of way line, North 56 degrees 43 minutes 09 seconds East a distance of 18.60
feet to the POINT OF BEGINNING of the herein described easement; THENCE continuing on
said southerly right of way line, North 56 degrees 43 minutes 09 seconds East a distance of 20.10
feet; THENCE leaving said southerly right of way line, South 38 degrees 55 minutes 19 seconds
East a distance of 152.41 feet to a point on the aforementioned south line of U.S. Survey 144;
THENCE along said south line, North 52 degrees 46 minutes 14 seconds West a distance of
83.56 feet; THENCE leaving said south line of U.S. Survey 144, North 38 degrees 55 minutes 19
seconds West a distance of 73.25 feet to the POINT OF BEGINNING of the easement herein
described.
And,
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT (TCE#2),
COMMENCING at a point in the centerline of Teson Road (40’ wide) and the south line of U.S.
Survey 144; THENCE along said south line, South 52 degrees 46 minutes 14 seconds East a
distance of 20.90 feet to a point on the southerly right of way line of said Teson Road; THENCE
along said right of way line, North 56 degrees 43 minutes 09 seconds East a distance of 48.74
feet to the POINT OF BEGINNING of the herein described easement; THENCE continuing on
said southerly right of way line, North 56 degrees 43 minutes 09 seconds East a distance of 20.10
feet; THENCE leaving said southerly right of way line, South 38 degrees 55 minutes 19 seconds
East a distance of 208.73 feet to a point; THENCE South 51 degrees 04 minutes 41 seconds
West a distance of 15.39 feet to a point on the aforementioned south line of U.S. Survey 144;
THENCE along said south line, North 52 degrees 46 minutes 14 seconds West a distance of
19.27 feet; THENCE leaving said south line of U.S. Survey 144, North 38 degrees 55 minutes 19
seconds West a distance of 191.99 feet to the POINT OF BEGINNING of the easement herein
described.
And,
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT (TCE#3),
COMMENCING at a point in the centerline of Teson Road (40’ wide) and the south line of U.S.
Survey 144; THENCE along said south line, South 52 degrees 46 minutes 14 seconds East a
distance of 404.23 feet to the POINT OF BEGINNING of the herein described easement;
THENCE leaving said south line, North 37 degrees 13 minutes 46 seconds East a distance of
15.00 feet; THENCE South 52 degrees 46 minutes 14 seconds East a distance of 96.93 feet;
THENCE South 37 degrees 13 minutes 46 seconds West a distance of 15.00 feet; THENCE
North 52 degrees 46 minutes 14 seconds West a distance of 96.93 feet to the POINT OF
BEGINNING of the easement herein described.
TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of
the above described sewer 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 December 12, 2019.