HomeMy Public PortalAbout16339 Ferguson Branch Streambank Stabilization - Church to Darst (11291)O R D I N A N C E NO. 16339
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 Ferguson Branch Streambank Stabilization - Church to Darst (11291) 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 Maline Creek 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 Ferguson Branch Streambank Stabilization -
Church to Darst (11291) hereinafter set forth, said easements being more particularly described
below:
PARCEL #1
A VARIABLE WIDTH SEWER EASEMENT being part of a tract of land in U.S. Survey 2689, 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 15088, Page 1936; THENCE North 87 degrees 11 minutes 16 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, 68.20 feet to the POINT
OF BEGINNING; THENCE North 87 degrees 11 minutes 16 seconds East, on said North line,
25.11 feet to the East line of said tract, also being the centerline of the creek as of August 8, 2023; THENCE on said East line the following twelve (12) courses and distances : (1) South 04 degrees 50 minutes 48 seconds West, 15.60 feet; (2) South 06 degrees 47 minutes 32 seconds West, 23.69 feet; (3) South 04 degrees 18 minutes 25 seconds West, 15.31 feet; (4) South 03 degrees 05 minutes
08 seconds East, 10.61 feet; (5) South 14 degrees 31 minutes 07 seconds East, 14.06 feet; (6) South
06 degrees 40 minutes 39 seconds East, 15.12 feet; (7) South 00 degrees 03 minutes 02 seconds West, 13.61 feet; (8) South 06 degrees 34 minutes 33 seconds West, 17.13 feet; (9) South 04 degrees 57 minutes 22 seconds East, 18.64; (10) South 00 degrees 00 minutes 49 seconds West, 16.87 feet; (11) South 05 degrees 01 minutes 31 seconds West, 19.62 feet; (12) South 08 degrees
47 minutes 41 seconds West, 8.67 feet to the South line of said tract; THENCE South 87 degrees
10 minutes 33 seconds West, on said South line, 23.58 feet; THENCE North 00 degrees 23 minutes 52 seconds East, 187.68 feet to the POINT OF BEGINNING. Also, a VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT being part of a
tract of land in U.S. Survey 2689, 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 15088, Page 1936; THENCE North 87 degrees 11
minutes 16 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, 56.56 feet to the POINT OF BEGINNING; THENCE North 87 degrees 11 minutes 16 seconds East, on said North line, 11.64 feet; THENCE South 00 degrees 23 minutes 52 seconds West, 187.68 feet to the South line of said tract; THENCE South 87 degrees 10 minutes 33 seconds West, on said South line, 2.82
feet; THENCE North 02 degrees 11 minutes 34 seconds West, 69.92 feet; THENCE North 02
degrees 21 minutes 19 seconds West, 117.47 feet to the POINT OF BEGINNNING.
TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of
M.S.D. Project Number 11291.
PARCEL #2 A VARIABLE WIDTH SEWER EASEMENT being part of Lot 9, Menke Place, a reference
being had to the St. Louis County Recorder of Deed’s Office in Plat Book 8, Page 121, in U.S.
Survey 2689, 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 said Lot 9, THENCE South 87 degrees 11 minutes
16 seconds West, (based on the “Missouri Coordinate System of 1983” grid north as derived from
the MoDOT VRS System) on the North line of said Lot 9 , a distance of 86.29 feet to the POINT OF BEGINNING; THENCE South 02 degrees 48 minutes 44 seconds East, 58.01 feet; THENCE South 02 degrees 09 minutes 04 seconds East, 279.01 feet; THENCE South 07 degrees 54 minutes 17 seconds East, 27.30 feet to the South line of said Lot 9; THENCE South 86 degrees 53 minutes
49 seconds West, on said South line, 34.17 feet to the West line of said Lot 9, also being the
centerline of a creek as of August 8, 2023; THENCE on said West line the following twenty-two (22) courses and distances on said West line: (1) North 08 degrees 43 minutes 34 seconds West, 8.57 feet; (2) North 11 degrees 09 minutes 29 seconds West, 16.64 feet; (3) THENCE North 05 degrees 49 minutes 00 seconds West, 17.38 feet; (4) North 08 degrees 16 minutes 48 seconds East,
21.67 feet; (5) North 00 degrees 59 seconds 22 minutes West, 11.93 feet; (6) North 09 degrees 46
minutes 47 seconds West, 29.32 feet; (7) North 05 degrees 05 minutes 56 seconds East, 20.62 feet; (8) North 05 degrees 16 minutes 41 seconds West, 17.03 feet; (9) North 03 degrees 36 minutes 04 seconds West, 19.27 feet; (10) North 08 degrees 47 minutes 41 seconds East, 15.97 feet; (11) North 08 degrees 47 minutes 41 seconds East, 8.67 feet; (12) North 05 degrees 01 minutes 31 seconds
East, 19.62 feet; (13) North 00 degrees 00 minutes 49 seconds East, 16.87 feet; (14) North 04
degrees 57 minutes 22 seconds West, 18.64 feet; (15) North 06 degrees 34 minutes 33 seconds East, 17.13 feet; (16) North 00 degrees 03 minutes 02 seconds East, 13.61 feet; (17) North 06 degrees 40 minutes 39 seconds West, 15.12 feet; (18) North 14 degrees 31 minutes 07 seconds West, 14.06 feet; (19) North 03 degrees 05 minutes 08 seconds West, 10.61 feet; (20) North 04
degrees 18 minutes 25 seconds East, 15.31 feet; (21) North 06 degrees 47 minutes 32 seconds East,
23.69 feet; (22) North 04 degrees 50 minutes 48 seconds East, 15.60 feet to the North line of said Lot 9; THENCE North 87 degrees 11 minutes 16 seconds East, on said North line, 21.09 feet to the POINT OF BEGINNING.
Also, a VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT for use during
the construction of any sewer in the above described SEWER EASEMENT, said TEMPORARY CONSTRUCTION EASEMENT being part of Lot 9, Menke Place, a reference being had to the St. Louis County Recorder of Deed’s Office in Plat Book 8, Page 121, in U.S. Survey 2689, 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 said Lot 9; THENCE South 87 degrees 11 minutes 16 seconds West, (based on the “Missouri Coordinate System of 1983” grid north as derived from the MoDOT VRS System) on the North Line of said Lot 9, a distance of 56.11 feet to the POINT
OF BEGINNING; THENCE South 00 degrees 10 minutes 13 seconds East, 82.79 feet; THENCE
South 21 degrees 53 minutes 14 seconds West, 36.54 feet; THENCE South 00 degrees 08 minutes
42 seconds East, 63.04 feet; THENCE South 45 degrees 48 minutes 42 seconds East, 7.84 feet; THENCE South 01 degrees 33 minutes 51 seconds East, 54.52 feet; THENCE North 86 degrees
53 minutes 49 seconds East, 57.54 feet; THENCE South 03 degrees 24 minutes 20 seconds East,
125.00 feet to the South line of said Lot 9; THENCE South 86 degrees 53 minutes 49 seconds West, on South line, 71.95 feet; THENCE North 07 degrees 54 minutes 17 seconds West, 27.30 feet; THENCE North 02 degrees 09 minutes 04 seconds West, 279.01 feet; North 02 degrees 48 minutes 44 seconds West, 58.01 feet to the North line of said Lot 9, THENCE North 87 degrees
11 minutes 16 seconds East, on said North line, 30.18 feet to the POINT OF BEGINNING.
TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of M.S.D. Project Number 11291.
PARCEL #3
A VARIABLE WIDTH SEWER EASEMENT being part of a tract of land in U.S. Survey 2689, 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 10882, Page 2186; THENCE North 87 degrees 10 minutes 33 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, 85.67 feet to the POINT
OF BEGINNING; THENCE North 87 degrees 10 minutes 33 seconds East, on said North line,
23.58 feet to the East line of said tract, also being the centerline of creek as of August 8, 2023; THENCE on said East line the following five (5) courses and distances: (1) South 08 degrees 47 minutes 41 seconds West, 15.97 feet; (2) South 03 degrees 36 minutes 04 seconds East, 19.27 feet; (3) South 05 degrees 16 minutes 41 seconds East, 17.03 feet; (4) South 05 degrees 05 minutes 56
seconds West, 20.62 feet; (5) South 09 degrees 46 minutes 47 seconds East, 5.09 feet to the South
line of said tract; THENCE South 86 degrees 33 minutes 52 seconds West, on said South line, 19.15 feet; THENCE North 02 degrees 48 minutes 35 seconds West, 77.61 feet to the POINT OF BEGINNING.
Also, a VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT being part of a
tract of land in U.S. Survey 2689, 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 10882, Page 2186; THENCE North 87 degrees 10
minutes 33 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, 82.85 feet to the POINT OF BEGINNING; THENCE North 87 degrees 10 minutes 33 seconds East, on said North line, 2.82 feet; THENCE South 02 degrees 48 minutes 35 seconds East, 77.61 feet to the South line of
said tract; THENCE South 86 degrees 33 minutes 52 seconds West, on said South line, 1.69 feet;
THENCE North 03 degrees 38 minutes 45 seconds West, 77.64 feet to the POINT OF BEGINNING. TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of
M.S.D. Project Number 11291.
PARCEL #4
A VARIABLE WIDTH SEWER EASEMENT being part of a tract of land in U.S. Survey 2689,
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 Southwest corner of a tract of land described in the St. Louis County
Recorder of Deed’s Office in Deed Book 19609, Page 799; THENCE on the South line of said
tract North 86 degrees 53 minutes 49 seconds East (based on the “Missouri Coordinate System of 1983” grid north as derived from the MoDOT VRS System), 184.50 feet to the POINT OF BEGINNING; THENCE North 00 degrees 55 minutes 44 seconds West, 99.55 feet to the North line of said tract; THENCE North 86 degrees 33 minutes 52 seconds East, 19.15 feet to the
Northeast corner of said tract; THENCE on the East line of said tract, also being the centerline of
creek as of August 8, 2023, the following six (6) courses and distances (1) South 09 degrees 46 minutes 47 seconds East, 24.22 feet; (2) South 00 degrees 59 minutes 22 seconds East, 11.93 feet; (3) South 08 degrees 16 minutes 48 seconds West, 21.67 feet; (4) South 05 degrees 49 minutes 00 seconds East, 17.38 feet; (5) South 11 degrees 09 minutes 29 seconds East, 16.64 feet; (6) South
08 degrees 43 minutes 34 seconds East, 8.57 feet to the South line of said tract, THENCE South
86 degrees 53 minutes 49 seconds West, 25.02 feet to the POINT OF BEGINNING. Also, a VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT being part of a tract of land in U.S. Survey 2689, 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 at the Southwest corner of a tract of land described in the St. Louis County Recorder of Deed’s Office in Deed Book 19609, Page 799; THENCE North 86 degrees 53 minutes 49 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, 177.37 feet to the POINT OF BEGINNING; THENCE North 03 degrees 30 minutes 49 seconds East, 81.55 feet; THENCE North 03 degrees 38 minutes 45 seconds West, 18.47 feet to the North line of said tract; THENCE North 86 degrees 33 minutes 52 seconds East, on said North line, 1.69 feet; THENCE South 00 degrees 55 minutes 44 seconds East, 99.55 feet to South line of said tract; THENCE South 86
degrees 53 minutes 49 seconds West, on said South line, 7.13 feet to the POINT OF BEGINNING. TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of M.S.D. Project Number 11291.
PARCEL #5 A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT being part of a tract
of land in U.S. Survey 2689, 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 6770, Page 1038; THENCE South 14 degrees 45 minutes 40
seconds East, (based on the “Missouri Coordinate System of 1983” grid north as derived from the
MoDOT VRS System) on the East line of said tract, 27.51 feet; THENCE South 82 degrees 29
minutes 02 seconds West, 34.25 feet; North 03 degrees 06 minutes 11 seconds West, 29.58 feet to the North line of said tract; THENCE North 86 degrees 53 minutes 49 seconds East, on said North
line, 28.59 feet to the POINT OF BEGINNING.
TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of M.S.D. Project Number 11291.
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