HomeMy Public PortalAbout15625 Bellevue Ave #1600-1618 Lateral Sewer (IR) (13288)ORDINANCE NO. 15625
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 Bellevue
Ave #1600-1618 Lateral Sewer (IR) (13288) in the City of Richmond Heights, 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 City of Richmond Heights, Missouri within the Deer 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 Bellevue Ave #1600-1618 Lateral Sewer (IR)
(13288) hereinafter set forth, said easements and temporary easements being more particularly
described below:
Parcel #2
One (1) VARIABLE WIDTH SEWER EASEMENT across a tract of land being part of Lots 1 and
2 Block 18 of Richmond Heights, recorded in Plat Book 3 Page 52 of the St. Louis County
Recorder’s Office, St. Louis County, Missouri and conveyed to Janice K. Niehaus by Deed Book
8364 Page 860 as recorded with said St. Louis County Recorder’s Office and being more
particularly described as follows:
VARIABLE WIDTH SEWER EASEMENT, BEGINNING at a point being the Southeastern
corner of said tract of land conveyed to Janice K. Niehaus; THENCE along the Southern line of
said tract conveyed to Janice K. Niehaus, North 83 degrees 30 minutes 29 seconds West 75.79 feet
to a point; THENCE North 22 degrees 49 minutes 42 seconds East 6.69 feet to a point; THENCE
North 35 degrees 43 minutes 44 seconds West 52.04 feet to a point on the Northern line of said
tract of land conveyed to Janice K. Niehaus; THENCE along said Northern line South 83 degrees
30 minutes 29 seconds East 10.79 feet to a point; THENCE South 35 degrees 43 minutes 44
seconds East 47.23 feet to a point; THENCE along a line 10 feet North and parallel with said
Southern line South 83 degrees 30 minutes 29 seconds East 66.68 feet to a point on the Eastern
line of said tract conveyed to Janice K. Niehaus; THENCE along said Eastern line South 08
degrees 25 minutes 31 seconds West 10.00 feet to the POINT OF BEGINNING.
ALSO two (2) 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 #1 COMMENCING at
a point being the Southeastern corner of said tract of land conveyed to Janice K. Niehaus;
THENCE along the Southern line of said tract conveyed to Janice K. Niehaus, North 83 degrees
30 minutes 29 seconds West 75.79 feet to the POINT OF BEGINNING; THENCE North 83
degrees 30 minutes 29 seconds West 6.48 feet to a point; THENCE North 05 degrees 31 minutes
08 seconds East 14.98 feet to a point; THENCE North 83 degrees 30 minutes 29 seconds West
33.81 feet to a point; THENCE North 08 degrees 57 minutes 36 seconds East 30.03 feet to a point
on the Northern line of said tract of land conveyed to Janice K. Niehaus; THENCE along said
Northern line South 83 degrees 30 minutes 29 seconds East 6.16 feet to a point; THENCE South
35 degrees 43 minutes 44 seconds East 52.04 feet; THENCE South 22 degrees 49 minutes 42
seconds West 6.69 feet to the POINT OF BEGINNING.
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #2 COMMENCING at
a point being the Southeastern corner of said tract of land conveyed to Janice K. Niehaus;
THENCE along the Eastern line of said tract conveyed to Janice K. Niehaus, North 08 degrees 25
minutes 31 seconds East 10.00 feet to the POINT OF BEGINNING; THENCE along a line 10 feet
North and parallel with the Southern line of said tract conveyed to Janice K. Niehaus, North 83
degrees 30 minutes 29 seconds West 66.68 feet to a point; THENCE North 35 degrees 43 minutes
44 seconds West 47.23 feet to a point on the Northern line of said tract of land conveyed to Janice
K. Niehaus; THENCE along said Northern line South 83 degrees 30 minutes 29 seconds East 6.75
feet to a point; THENCE South 35 degrees 43 minutes 44 seconds East 26.97 feet to a point;
THENCE South 83 degrees 30 minutes 29 seconds East 24.08 feet to a point; THENCE North 08
degrees 25 minutes 31 seconds East 19.99 feet to a point on the Northern line of said tract of land
conveyed to Janice K. Niehaus; THENCE along said Northern line South 83 degrees 30 minutes
29 seconds East 15.01 feet to a point; THENCE South 08 degrees 25 minutes 31 seconds West
24.99 feet to a point; THENCE South 83 degrees 30 minutes 29 seconds East 34.96 feet to a point
on said Eastern line; THENCE along said Eastern line South 08 degrees 25 minutes 31 seconds
West 10.00 feet to the POINT OF BEGINNING.
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 11, 2021.