HomeMy Public PortalAbout16222 N Clay 728 Sanitary Relocation (13515)O R D I N A N C E NO. 16222
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 N Clay
728 Sanitary Relocation (13515) in the City of Kirkwood, 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 Ladue, Missouri within the Gravois 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 N Clay 728 Sanitary Relocation (13515)
hereinafter set forth, said easements being more particularly described below:
PARCEL #15 2 TEMPORARY CONSTRUCTION EASEMENTS, across a tract of land being part of Lot 7 of the Partition of the Estate of Mrs. Martha McKnight in the Southwest ¼ of Section 36, Township
45 North, Range 5 East, as per plat thereof recorded in Plat Book 7 Page 86 and being the same
tract as conveyed to Aaron Fanetti, as described in Deed Book 23874, Page 102, of the St. Louis County Recorder’s Office, St. Louis County, Missouri and said TEMPORARY CONSTRUCTION EASEMENTS being more particularly described as follows:
VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT No. 1, BEGINNING at a
point being the Southwest corner of said tract described in Deed Book 23874 Page 102 being at the intersection of the Eastern Right-of-Way of North Clay (60 feet wide) Avenue; THENCE northerly along said Eastern Right-of-Way North 00 degrees 39 minutes 30 seconds West 22.75 feet; THENCE leaving said Eastern Right-of-Way South 64 degrees 51 minutes 55 seconds East
30.92 feet; THENCE South 89 degrees 10 minutes 30 seconds East 92.12 feet; THENCE South
00 degrees 39 minutes 30 seconds East 10.00 feet to the Southern line of said tract described in Deed Book 23874 Page 102; THENCE westerly along said Southern line North 89 degrees 10 minutes 30 seconds West 122.01 feet to the POINT OF BEGINNING.
5 FEET WIDE TEMPORARY CONSTRUCTION EASEMENT No. 2, BEGINNING at a point
being the Northwest corner of said tract described in Deed Book 23874 Page 102 being at the intersection of the Eastern Right-of-Way of North Clay (60 feet wide) Avenue; THENCE leaving said Eastern Right-of-Way, easterly along the Northern line of said tract described in Deed Book 23874 Page 102, South 89 degrees 10 minutes 30 seconds East 111.72 feet; THENCE leaving said
Northern Line South 00 degrees 49 minutes 30 seconds West 5.00 feet; THENCE North 89 degrees
10 minutes 30 seconds West 111.72 feet to said Eastern Right-of-Way; THENCE northerly along said Eastern Right-of-Way North 00 degrees 39 minutes 30 seconds West 5.00 feet to the POINT OF BEGINNING.
TEMPORARY CONSTRUCTION EASEMENTS are for use during the construction of any sewer
in the above-described MSD project and 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 October 12, 2023.
ORDINANCE NO. 16222
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 N Clay 728 Sanitary Relocation (13515) in the City of Kirkwood, 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 Ladue, Missouri within the Gravois 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 N Clay 728 Sanitary Relocation (13515) hereinafter
set forth, said easements being more particularly described below:
[bookmark: _Hlk114659484]PARCEL #15
2 TEMPORARY CONSTRUCTION EASEMENTS, across a tract of land being part of Lot 7 of the Partition of the Estate of Mrs. Martha McKnight in the Southwest ¼ of Section 36, Township 45 North,
Range 5 East, as per plat thereof recorded in Plat Book 7 Page 86 and being the same tract as conveyed to Aaron Fanetti, as described in Deed Book 23874, Page 102, of the St. Louis County
Recorder’s Office, St. Louis County, Missouri and said TEMPORARY CONSTRUCTION EASEMENTS being more particularly described as follows:
VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT No. 1, BEGINNING at a point being the Southwest corner of said tract described in Deed Book 23874 Page 102 being at the intersection of
the Eastern Right-of-Way of North Clay (60 feet wide) Avenue; THENCE northerly along said Eastern Right-of-Way North 00 degrees 39 minutes 30 seconds West 22.75 feet; THENCE leaving
said Eastern Right-of-Way South 64 degrees 51 minutes 55 seconds East 30.92 feet; THENCE South 89 degrees 10 minutes 30 seconds East 92.12 feet; THENCE South 00 degrees 39 minutes 30
seconds East 10.00 feet to the Southern line of said tract described in Deed Book 23874 Page 102; THENCE westerly along said Southern line North 89 degrees 10 minutes 30 seconds West
122.01 feet to the POINT OF BEGINNING.
5 FEET WIDE TEMPORARY CONSTRUCTION EASEMENT No. 2, BEGINNING at a point being the Northwest corner of said tract described in Deed Book 23874 Page 102 being at the intersection of the
Eastern Right-of-Way of North Clay (60 feet wide) Avenue; THENCE leaving said Eastern Right-of-Way, easterly along the Northern line of said tract described in Deed Book 23874 Page 102,
South 89 degrees 10 minutes 30 seconds East 111.72 feet; THENCE leaving said Northern Line South 00 degrees 49 minutes 30 seconds West 5.00 feet; THENCE North 89 degrees 10 minutes 30
seconds West 111.72 feet to said Eastern Right-of-Way; THENCE northerly along said Eastern Right-of-Way North 00 degrees 39 minutes 30 seconds West 5.00 feet to the POINT OF BEGINNING.
TEMPORARY CONSTRUCTION EASEMENTS are for use during the construction of any sewer in the above-described MSD project and 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 October 12, 2023.