HomeMy Public PortalAbout15365 Deer Creek Sanitary Tunnel (Clayton Rd to RDP) - 11731ORDINANCE NO. 15365
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 Deer Creek
Sanitary Tunnel (Clayton Rd to RDP) (11731) in the Cities of Brentwood, Clayton, Richmond
Heights, Maplewood, Shrewsbury, and Webster Groves, 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 Deer 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 Deer Creek Sanitary Tunnel (Clayton Rd to RDP) (11731)
hereinafter set forth, said easements and temporary easements being more particularly described
below:
Parcel #106
A VARIABLE WIDTH SEWER EASEMENT, being part of Lot 15 in Block 5 of Clayshire
Subdivision as recorded in Plat Book 40, Page 38 of the St. Louis County Records and located in
U. S. Survey 1919 in Township 45 North, Range 6 East in the City of Clayton, St. Louis County
Missouri, being more particularly described as follows:
BEGINNING at the Northwest corner of said Lot 15; THENCE along the North line of Lot 15,
South 70 degrees 46 minutes 25 seconds East, 71.35 feet to the Northeast corner of said Lot 15;
THENCE departing said North line and along the East line of said Lot 15, South 08 degrees 22
minutes 15 seconds East, 17.08 feet to a point; THENCE departing said East line, North 79 degrees
44 minutes 24 seconds West, 68.65 feet to a point in the West line of sa id Lot 15; THENCE along
said WEST line of Lot 15, North 04 degrees 50 minutes 25 seconds West, 28.30 feet to the POINT
OF BEGINNING, Excepting therefrom that portion covered by the existing easements recorded in
Plat Book 40, Page 38 of said St. Louis County Records, containing 1058 square feet or 0.024 acres
more or less.
Also, a 15 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT, for use during
construction of any sewer in the above described VAIRABLE WIDTH EASEMENT, said
15 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT being more particularly
described as follows:
A 15 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT
COMMENCING at the Northwest corner of said Lot 15; THENCE along the West line of said Lot,
South 04 degrees 50 minutes 25 seconds East, 28.30 feet to the POINT OF BEGINNING of the
herein described TEMPORARY CONSTRUCTION EASEMENT; THENCE departing said West
line, South 79 degrees 44 minutes 24 seconds East, 68.65 feet to the East line of said Lot 15;
THENCE along said East line, South 08 degrees 22 minutes 15 seconds East, 15.83 feet to a point;
THENCE departing said East line, North 79 degrees 44 seconds 24 seconds We st, 69.66 feet to a
point in the West line of said Lot 15; THENCE along said West line, North 04 degrees 50 seconds
25 minutes West, 15.54 feet to the POINT OF BEGINNING, containing 1037 square feet or 0.024
acres more or less.
THE TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion
of the above described sewer construction.
Parcel #110
A SEWER EASEMENT, being part of Lot 14 in Block 5 of Clayshire Subdivision as recorded in
Plat Book 40, Page 38 of the St. Louis County Records and located in U. S. Survey 1919 in
Township 45 North, Range 6 East in the City of Clayton, St. Louis County Missouri, being more
particularly described as follows:
BEGINNING at the Northwest corner of said Lot 14; THENCE along the North line of Lot 14,
South 70 degrees 46 minutes 25 seconds East, 68.53 feet to the Northeast corner of said Lot 14;
THENCE departing said North line and along the East line of said Lot 14, South 10 degrees 20
minutes 59 seconds East, 5.89 feet to a point; THENCE departing said East line, North 79 degrees
44 minutes 24 seconds West, 64.25 feet to a point in the West line of said Lot 14; THENCE along
said West line of said Lot 14, North 08 degrees 22 minutes 15 seconds West, 17.08 feet to the
POINT OF BEGINNING, Excepting therefrom that portion covered by the existing 5 foot wide
easement recorded in Plat Book 40, Page 38 of said St. Louis County Records, containing 352
square feet or 0.008 acres more or less.
Also, a 15 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT, for use during
construction of any sewer in the above described EASEMENT, said 15 FOOT WIDE
TEMPORARY CONSTRUCTION EASEMENT being more particularly described as follows:
A 15 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT
COMMENCING at the Northwest corner of said Lot 14; THENCE along the West line of said Lot
14, South 08 degrees 22 minutes 15 seconds East, 17.08 feet to the POINT OF BEGINNING of the
herein described TEMPORARY CONSTRUCTION EASEMENT; THENCE departing said West
line, South 79 degrees 44 minutes 24 seconds East 64.25 feet to the East line of said Lot 14;
THENCE along said East line, South 10 degrees 20 minutes 59 seconds East, 16.03 feet to a point;
THENCE departing said East line, North 79 degrees 44 seconds 24 seconds Wes t, 64.83 feet to a
point in the West line of said Lot 14; THENCE along said West line, North 08 degrees 22 seconds
15 minutes West, 15.83 feet to the POINT OF BEGINNING, containing 968 square feet or 0.022
acres more or less.
THE 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 March 16, 2020.