HomeMy Public PortalAbout16338 Dellwood Creek Streambank Stabilization (MCDW-15) (11060)O R D I N A N C E NO. 16338
AN ORDINANCE, declaring the necessity for the acquisition of
easements and temporary easements in certain real property and the fee simple acquisition of one
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 Streambank
Stabilization (MCDW-15) (11060) in Unincorporated St. Louis County, 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, temporary construction easements, and fee simple rights by
purchase or by the institution of condemnation proceedings.
WHEREAS, there exists within The Metropolitan St. Louis Sewer District an area
of Unincorporated St. Louis County, 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 and one real property for the
construction of sewers and related appurtenances in the project known as Dellwood Creek
Streambank Stabilization (MCDW-15) (11060) hereinafter set forth, said easements being more
particularly described below:
PARCEL #4
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT being part of Lot 12,
Atwater Gardens Plat Number 2, a reference being had to the St. Louis County Recorder of Deed’s
Office in Plat Book 105, Page 60 in Southeast quarter of Section 6, Township 46 North, Range 7 East, in the County of St. Louis, State of Missouri, and more particularly described as follows: BEGINNING at the Northwest corner of said Lot 12; THENCE South 89 degrees 49 minutes 37
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 Lot 12, a distance of 45.92 feet; THENCE South 00 degrees 07 minutes 29 seconds East, 54.87 feet to the South line of said Lot 12; THENCE North 89 degrees 49 minutes 02 seconds West, on said South line of Lot 12, a distance of 45.92 feet to the West line of said Lot 12; THENCE North 00 degrees 07 minutes 29 seconds West, on said
West line, 54.87 feet to the POINT OF BEGINNING.
TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of M.S.D. Project Number 11060.
PARCEL #5
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT being part of Lot 15 in Block 7, Atwater Terrace, a reference being had to the St. Louis County Recorder of Deed’s Office in Plat Book 24, Page 4 in Southeast quarter of Section 6, Township 46 North, Range 7
East, in the County of St. Louis, State of Missouri, and more particularly described as follows:
BEGINNING at the Southwest corner of a tract of land described in the St. Louis County Recorder of Deed’s Office in Deed Book 17416, Page 3379, THENCE North 00 degrees 09 minutes 13 seconds West, (based on the “Missouri Coordinate System of 1983” grid north as derived from the
MoDOT VRS System) on the East boundary line of Winkler Drive (40-feet-wide), 35.86 feet;
THENCE North 89 degrees 30 minutes 26 seconds West, 140.56 feet to the East line of said tract; THENCE South 00 degrees 05 minutes 47 seconds East, on said East line, 35.58 feet to the South line of said tract; THENCE North 89 degrees 37 minutes 14 seconds West, on said South line, 140.52 feet to the POINT OF BEGINNING.
TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of M.S.D. Project Number 11060.
PARCEL #9
The South 55 feet of Lot 7 in Block 7 of Atwater Terrace, according to the plat thereof recorded in Plat Book 24 Page 4 of the St. Louis County Records.
PARCEL #11
A VARIABLE WIDTH SEWER EASEMENT being part of Lots 14 and 15 in Block 5 of Atwater Terrace, a reference being had to the St. Louis County Recorder of Deed’s Office in Plat Book 24,
Page 4 in Southeast quarter of Section 6, Township 46 North, Range 7 East, in the County of St.
Louis, State of Missouri, and more particularly described as follows: BEGINNING at the Northwest corner of a tract of land described in the St. Louis County Recorder of Deed’s Office in Deed Book 20776, Page 2176, THENCE South 89 degrees 34 minutes 17
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, 124.90 feet to the East line of said tract; THENCE South 00 degrees 05 minutes 50 seconds East, on said East line, 47.83 feet; THENCE North 73 degrees 38 minutes 36 seconds West, 130.22 feet to the West line of said tract, also being the East boundary line of Green Valley Drive (40-feet-wide); THENCE North 00 degrees 07
minutes 12 seconds West, on said West line, 12.09 feet to the POINT OF BEGINNING.
Also, a VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT being part of Lots 14 and 15 in Block 5 of Atwater Terrace, a reference being had to the St. Louis County Recorder of Deed’s Office in Plat Book 24, Page 4 in Southeast quarter of Section 6, Township 46
North, Range 7 East, in the County of St. Louis, 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 20776, Page 2176, THENCE South 00 degrees 07
minutes 12 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, also being the East boundary line of Green Valley Drive (40-feet-wide), 12.09 feet to the POINT OF BEGINNING; THENCE South 73 degrees 38 minutes 36 seconds West, 130.22 feet to the East line of said tract; THENCE South 00 degrees 05 minutes 50 seconds East, on said East line, 17.21 feet to the South line of said
Lot 14; THENCE North 66 degrees 34 minutes 06 seconds West, 70.67 feet; THENCE South 89
degrees 52 minutes 48 seconds West, 60.08 feet to said West line; THENCE North 00 degrees 07 minutes 12 seconds West, on said West line, 25.91 feet to the POINT OF BEGINNING. TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of
M.S.D. Project Number 11060.
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 and
fee simple rights 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