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O R D I N A N C E NO. 10277
AN ORDINANCE, declaring the necessity for the acquisition of certain real
property within The Metropolitan St. Louis Sewer District for the purpose of permitting
construction of storm sewers in the project known as Burns & Tennyson Storm Sewer Phase
II (97019) to serve the needs of residents of the area, and authorizing the acquisition of such
real property by purchase or by the institution of condemnation proceedings.
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, storm 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 constructing the storm sewer lines 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 insanitary and
dangerous conditions, it is necessary to appropriate and acquire by the exercise of eminent
domain or otherwise the real property for the construction, reconstruction, maintenance or
repair of storm sewer lines as hereinafter set forth, said real property being more particularly
described as follows:
A 15 foot wide permanent sewer easement across a tract of land in Lots 1, 2 &
3 in Block 12 of SOUTH OVERLAND PARK, a subdivision according to the plat
thereof recorded in Plat Book 5, Page 90 of the St. Louis County Recorder's
Office, centerline of said 15 foot wide permanent sewer easement being more
particularly described as follows:
Commencing at the most northern corner of property conveyed to Schnuck
Markets, Inc. by deed recorded in Deed Book 10518, Page 1040 of said
Recorder's Office, said commencing point also being the most northern corner
of Lot 15 in Block 12 of said SOUTH OVERLAND PARK; thence along the
northeast line of said Schnuck's property, also being the southwest line of
property conveyed to Capplanco Six, Inc., Et al. by deed recorded in Deed
Book 10276, Page 1511 of said Recorder's Office, South 42 degrees 02
minutes 15 seconds East a distance of 91.63 feet to the ACTUAL POINT OF
BEGINNING; thence along the herein described centerline of said 15 foot wide
Permanent Sewer Easement, North 26 degrees 29 minutes 02 seconds East a
distance of 178.01 feet to the POINT OF ENDING of the centerline of said 15
3
foot wide permanent sewer easement, said point being on the southeast line of
Midland (100 feet wide) Boulevard, said point being distant, along said
southeast line, North 29 degrees 58 minutes 30 seconds West a distance of
304.50 feet from the intersection of the southeast line of said Midland
Boulevard with the north line of Milton (50 foot wide) Avenue.
Also, two (2) Permanent Working Room Easements (each 20 foot wide) for
use during the construction, reconstruction, maintenance or repair of any sewer
in the above-described 15.00 foot wide Permanent Sewer Easement and being
located on strips of ground 20.00 feet in width along the northwestern side,
and 20.00 feet in width along the southeastern side, both Permanent Working
Room Easements being contiguous with the above described 15.00 foot wide
Permanent Sewer Easement.
Section Two. Counsel for The Metropolitan St. Louis Sewer District be and is
hereby authorized to enter into contracts to acquire by purchase if possible, or to institute and
prosecute an action in condemnation pursuant to the provisions of the Plan of The
Metropolitan St. Louis Sewer District and the laws of the State of Missouri for the
appropriation of private property as hereinabove set out.
The foregoing Ordinance was adopted January 8, 1998.