HomeMy Public PortalAbout16337 Dellwood Creek Bank Stabilization - West Florissant Ave. to Hudson Rd. (11255)O R D I N A N C E NO. 16337
AN ORDINANCE, declaring the necessity for the acquisition of easements and
temporary construction 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 Dellwood Creek Bank Stabilization - West Florissant Ave. to Hudson Rd. (11255) in Ferguson,
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 Ferguson, Missouri within the Black Jack Watershed wherein numerous people live and work;
WHEREAS, stormwater 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 Dellwood Creek Bank Stabilization - West
Florissant Ave. to Hudson Rd. (11255) hereinafter set forth, said easements being more
particularly described below:
PARCEL #1 A 15-FOOT-WIDE SEWER EASEMENT being part of a tract of land in the Northeast half of
Section 1, Township 46 North, Range 6 East, in the County of St. Louis, City of Ferguson, State
of Missouri, and more particularly described as follows: BEGINNING at the Southeast corner of a tract of land described in the St. Louis County Recorder of Deed’s Office in Deed Book 17471, Page 1566; THENCE South 88 degrees 57 minutes 13
seconds West, (based on the “Missouri Coordinate System of 1983” grid north as derived from the
MoDOT VRS System) on the South line of said tract, 13.07 feet; THENCE North 61 degrees 35 minutes 10 seconds West, 90.88 feet; THENCE North 69 degrees 42 minutes 23 seconds West, 86.28 feet to the West line of said tract; THENCE North 00 degrees 53 minutes 31 seconds East, on said West line,15.90 feet; THENCE South 69 degrees 42 minutes 23 seconds East, 92.62 feet;
THENCE South 61 degrees 35 minutes 10 seconds East, 98.85 feet to the East line of said tract;
THENCE South 00 degrees 52 minutes 28 seconds West, on said East line, 9.67 feet to the POINT OF BEGINNING. Also, two (2) TEMPORARY CONSTRUCTION EASEMENTS being part of a tract of land in
the Northeast half of Section 1, Township 46 North, Range 6 East, in the County of St. Louis, City
of Ferguson, State of Missouri, and more particularly described as follows: A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 1 described as follow: BEGINNING at the Northwest corner of a tract of land described in the St. Louis County
Recorder of Deed’s Office in Deed Book 17471, Page 1566; THENCE North 88 degrees 56
minutes 51 seconds East, (based on the “Missouri Coordinate System of 1983” grid north as derived from the MoDOT VRS System) on the North line of said tract, 15.08 feet; THENCE South 64 degrees 56 minutes 19 seconds East, 122.86 feet; THENCE South 59 degrees 04 minutes 21 seconds East, 55.29 feet to the East line of said tract; THENCE South 00 degrees 52 minutes 28
seconds West, on said East line, 18.04 feet; THENCE North 61 degrees 35 minutes 10 seconds
West, 98.85 feet; THENCE North 69 degrees 42 minutes 23 seconds West, 92.62 feet to the West line of said tract; THENCE North 00 degrees 53 minutes 31 seconds East, on said West line, 19.06 feet to the POINT OF BEGINNING.
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 2 described as
follows: COMMENCING at the Southeast corner of a tract of land described in the St. Louis County Recorder of Deed’s Office in Deed Book 17471, Page 1566; THENCE South 88 degrees 57 minutes 13 seconds West, (based on the “Missouri Coordinate System of 1983” grid north as derived from the MoDOT VRS System) on the South line of said tract, 13.07 feet to the POINT
OF BEGINNING; THENCE South 88 degrees 57 minutes 13 seconds West, on said South line,
94.22 feet; THENCE North 59 degrees 19 minutes 39 seconds West, 78.13 feet to the West line of said tract; THENCE North 00 degrees 53 minutes 31 seconds East, on said West line, 35.04 feet; THENCE South 69 degrees 42 minutes 23 seconds East, 86.28 feet; THENCE South 61 degrees 35 minutes 10 seconds East, 90.88 feet to the POINT OF BEGINNING.
TEMPORARY CONSTRUCTION EASEMENTS NO. 1 and NO. 2 will become null and void upon completion of M.S.D Project Number 11255.
PARCEL #2 A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT being part of a tract of land in the Northeast half of Section 1, Township 46 North, Range 6 East, in the County of St.
Louis, City of Ferguson, State of Missouri, and more particularly described as follows:
BEGINNING at the Northeast corner of a tract of land described in the St. Louis County Recorder of Deed’s Office in Deed Book 24551, Page 103; THENCE South 00 degrees 52 minutes 28 seconds West, (based on the “Missouri Coordinate System of 1983” grid north as derived from the
MoDOT VRS System) on the East line of said tract, 65.00 feet; THENCE North 59 degrees 19
minutes 39 seconds West, 123.56 feet to the North line of said tract; THENCE North 88 degrees 57 minutes 13 seconds East, on said North line, 107.29 feet to the POINT OF BEGINNING. TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of
M.S.D. Project Number 11255.
PARCEL #3 Two (2) SEWER EASEMENTS being part of a tract of land in the Northeast half of Section 1,
Township 46 North, Range 6 East, in the County of St. Louis, City of Ferguson, State of Missouri,
and more particularly described as follows: A VARIABLE WIDTH SEWER EASEMENT NO. 1 described as follows: COMMENCING at the Southwest corner of a tract of land described in the St. Louis County Recorder of Deed’s Office
in Deed Book 20664, Page 1841; THENCE North 00 degrees 53 minutes 54 seconds East, (based
on the “Missouri Coordinate System of 1983” grid north as derived from the MoDOT VRS System) on the West line of said tract, 134.20 feet to the POINT OF BEGINNING; THENCE North 00 degrees 53 minutes 54 seconds East, on said West line, 194.24 feet; THENCE North 85 degrees 04 minutes 10 seconds East, 10.24 feet; THENCE South 11 degrees 14 minutes 11 seconds
East, 84.91 feet; THENCE South 25 degrees 00 minutes 57 seconds East, 22.30 feet; THENCE
South 75 degrees 44 minutes 44 seconds East, 40.87 feet; THENCE South 13 degrees 49 minutes 18 seconds West, 49.00 feet; THENCE South 76 degrees 10 minutes 42 seconds East, 70.57 feet; THENCE South 21 degrees 27 minutes 18 seconds West, 65.54 feet; THENCE North 68 degrees 32 minutes 42 seconds West, 120.00 feet to the POINT OF BEGINNING.
A 15-FOOT-WIDE SEWER EASEMENT NO. 2 described as follows: COMMENCING at the Southwest corner of a tract of land described in the St. Louis County Recorder of Deed’s Office in Deed Book 20664, Page 1841; THENCE North 88 degrees 57 minutes 13 seconds East, (based on the “Missouri Coordinate System of 1983” grid north as derived from the MoDOT VRS
System) on the South line of said tract, 389.10 feet to the West line of a tract of land described in
the St. Louis County Recorder of Deed’s Office in Deed Book 17471, Page 1566; THENCE North 00 degrees 53 minutes 31 seconds East, on said West line, 76.14 feet to the POINT OF BEGINNING; THENCE North 69 degrees 42 minutes 23 seconds West, 6.91 feet; THENCE North 57 degrees 21 minutes 24 seconds West, 90.61 feet; THENCE North 68 degrees 18 minutes
23 seconds West, 55.84 feet; THENCE North 08 degrees 12 minutes 09 seconds East, 15.43 feet;
THENCE South 68 degrees 18 minutes 23 seconds East, 60.88 feet; THENCE South 57 degrees
21 minutes 24 seconds East, 90.42 feet to said West line; THENCE South 00 degrees 53 minutes 31 seconds West, on said West line, 15.90 feet to the POINT OF BEGINNING.
And also, a VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT being part of a tract of land in the Northeast half of Section 1, Township 46 North, Range 6 East, in the County of St. Louis, City of Ferguson, State of Missouri, and more particularly described as follows:
COMMENCING at the Northwest corner of a tract of land described in the St. Louis County Recorder of Deed’s Office in Deed Book 20664, Page 1841; THENCE North 89 degrees 00 minutes 21 seconds East, (based on the “Missouri Coordinate System of 1983” grid north as derived from the MoDOT VRS System) on the North line of said tract, 64.49 feet to the POINT
OF BEGINNING; THENCE North 89 degrees 00 minutes 21 seconds East, on said North line,
24.01 feet; THENCE South 00 degrees 37 minutes 23 seconds West, 155.00 feet; THENCE North 89 degrees 22 minutes 37 seconds West, 4.00 feet; THENCE South 00 degrees 37 minutes 23 seconds West, 106.56 feet; THENCE South 75 degrees 05 minutes 40 seconds East, 175.57 feet to the corner of a tract of land described in the St. Louis County Recorder of Deed’s Office in
Deed Book 20762, Page 1338; THENCE on the South line of said tract the following three (3)
courses and distances: (1) South 62 degrees 40 minutes 51 seconds East, 148.29 feet; (2) South 00 degrees 53 minutes 31 seconds West, 5.01 feet; (3) South 45 degrees 06 minutes 50 seconds East, 20.94 feet to the north parcel line of a tract of land described in the St. Louis County Recorder of Deed’s Office in Deed Book 17471, Page 1566; THENCE on said north parcel line the follow two
(2) courses and distances: (1) South 88 degrees 56 minutes 51 seconds West, 15.08 feet to the
Northwest corner and west parcel line of a tract of land described in the St. Louis County Recorder of Deed’s Office in Deed Book 17471, Page 1566; (2) South 00 degree 53 minutes 31 seconds West, on said West parcel line, 19.06 feet; THENCE North 57 degrees 21 minutes 24 seconds West, 90.42 feet; THENCE North 68 degrees 18 minutes 23 seconds West, 60.88 feet; THENCE
South 08 degrees 12 minutes 09 seconds West, 15.43 feet; THENCE South 68 degrees 18 minutes
23 seconds East, 55.84 feet; THENCE South 57 degrees 21 minutes 24 seconds East, 90.61 feet; THENCE South 69 degrees 42 minutes 23 seconds East, 6.91 feet to said West parcel line; THENCE South 00 degrees 53 minutes 31 seconds West, on said West parcel line, 35.04 feet; THENCE North 64 degrees 31 minutes 46 seconds West, 139.35 feet; THENCE North 75 degrees
38 minutes 44 seconds West, 134.19 feet; THENCE North 21 degrees 27 minutes 18 seconds East,
10.63 feet; THENCE North 76 degrees 10 minutes 42 seconds West, 70.57 feet; THENCE North 13 degrees 49 minutes 18 seconds East, 49.00 feet; THENCE North 75 degrees 44 minutes 44 seconds West, 40.87 feet; THENCE North 25 degrees 00 minutes 57 seconds West, 22.30 feet; THENCE North 11 degrees 14 minutes 11 seconds West, 84.91 feet; THENCE South 85 degrees
04 minutes 10 seconds West, 10.24 feet to the West line of a tract of land described in the St. Louis
County Recorder of Deed’s Office in Deed Book 20664, Page 1841; THENCE North 00 degrees 53 minutes 54 seconds East, on said West line, 30.66 feet; THENCE South 89 degrees 22 minutes 37 seconds East, 65.20 feet; THENCE North 00 degrees 37 minutes 23 seconds East, 154.23 feet to the POINT OF BEGINNING.
This TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of M.S.D. Project Number 11255. PARCEL #5
A VARIABLE WIDTH SEWER EASEMENT being part of a tract of land in the Northeast half of Section 1, Township 46 North, Range 6 East, in the County of St. Louis, City of Ferguson, State
of Missouri, and more particularly described as follows:
COMMENCING at the Northeast corner of a tract of land described in the St. Louis County Recorder of Deed’s Office in Deed Book 20534, Page 2315; THENCE South 00 degrees 53 minutes 54 seconds West, (based on the “Missouri Coordinate System of 1983” grid north as
derived from the MoDOT VRS System) on the East line of said tract, 183.07 feet to the POINT OF BEGINNING; THENCE South 00 degrees 53 minutes 54 seconds West, on said East line, 194.24 feet; THENCE North 39 degrees 50 minutes 57 seconds West, 79.00 feet; THENCE North 10 degrees 13 minutes 33 seconds West, 70.00 feet; THENCE North 10 degrees 40 minutes 20 seconds East, 61.00 feet; THENCE North 85 degrees 04 minutes 10 seconds East, 55.00 feet to
the POINT OF BEGINNING.
Also, a VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT being part of a tract of land in the Northeast half of Section 1, Township 46 North, Range 6 East, in the County of St. Louis, City of Ferguson, State of Missouri, and more particularly described as follows:
COMMENCING at the Northeast corner of a tract of land described in the St. Louis County Recorder of Deed’s Office in Deed Book 20534, Page 2315; THENCE South 00 degrees 53 minutes 54 seconds West, (based on the “Missouri Coordinate System of 1983” grid north as derived from the MoDOT VRS System) on the East line of said tract, 152.41 feet to the POINT
OF BEGINNING; THENCE South 00 degrees 53 minutes 54 seconds West, on said East line ,
30.66 feet; THENCE South 85 degrees 04 minutes 10 seconds West, 55.00 feet; THENCE North 57 degrees 22 minutes 36 seconds East, 65.63 feet to the POINT OF BEGINNING. TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of
M.S.D. Project Number 11255.
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 April 11, 2024