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HomeMy Public PortalAbout11037 O R D I N A N C E NO. 11037 AN ORDINANCE, declaring the necessity for the acquisition of certain real property within The Metropolitan St. Louis Sewer District for the purpose of permitting construction, reconstruction, maintenance or repair of sanitary sewers and appurtenances to serve the needs of residents of the area in the project known as Williams Creek Sanitary Facilities (99092) and authorizing the acquisition of such real property by purchase or by the institution of condemnation proceedings. WHEREAS, there exists within The Metropolitan St. Louis Sewer District an area of the County of St. Louis within the Williams Creek Watershed wherein live and work numerous people; and WHEREAS, sanitary 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 the sanitary sewer lines and 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 unsanitary and dangerous conditions, it is necessary to appropriate and acquire by the exercise of eminent domain or otherwise the real property for the construction, reconstruction, maintenance or repair of sanitary sewer lines and appurtenances as hereinafter set forth, said real property being more particularly described as follows: WILLIAMS CREEK SANITARY FACILITIES (99092) Timothy M. Drury 27Q-53-0076 Parcel #1 A pump station easement located on a tract of land in U.S. Survey 880, Township 44 North, Range 5 East, St. Louis County, Missouri and being more particularly described as follows: Commencing at the northwest corner of property conveyed to Drury Development Corporation by deed recorded in Deed Book 10211 Page 1249 of St. Louis County Records, said northwest corner being on the south Right Of Way (ROW) line of Interstate I -44; thence along the south ROW line of Interstate I -44, South 78 degrees 22 minutes 57 seconds West a distance of 1,479.64 feet to the Actual point of beginning, said point being the most Northwest corner of property conveyed to Timothy M. Drury by deed recorded in Deed Book 10415, Page 1136 of sai d Recorder’s Office; thence leaving said south ROW line, South 11 degrees 37 minutes 03 seconds East a distance of 75.00 feet to a point; thence South 78 degrees 22 minutes 57 seconds West a distance of 64.09 feet to a point; thence South 12 degrees 06 mi nutes 18 seconds West a distance of 172.23 feet to a point on the north ROW line of Meramec Station Road, 40 feet wide, as traveled, said point being the southwest corner of the aforementioned Timothy M. Drury property; thence along said north ROW line, North 58 degrees 55 minutes 05 seconds East a distance of 143.39 feet to a point; thence North 71 degrees 45 minutes 52 seconds East a distance of 120.64 feet to a point; thence leaving said north ROW line; North 10 degrees 08 minutes 04 seconds West a dist ance of 171.05 feet to a point on the aforementioned south ROW line of Interstate I -44; thence along said south ROW line, South 78 degrees 22 minutes 57 seconds West a distance of 126.08 feet to the Actual point of beginning. Also a 20 foot wide ingress and egress easement and being more particularly described as follows: Commencing at the aforementioned northwest corner of property conveyed to Timothy M. Drury by deed recorded in Deed Book 10415, Page 1136 of St. Louis County Records, said point being on the aforementioned south Right Of Way (ROW) line of Interstate I -44; thence along said south ROW line, North 78 degrees 22 minutes 57 seconds East a distance of 126.08 feet to a point; thence leaving said south ROW line, South 10 degrees 08 minutes 04 seconds East a distance of 91.93 feet to the Actual point of beginning of the centerline of the aforementioned 20 foot wide ingress and egress easement; thence along said centerline, North 80 degrees 46 minutes 33 seconds East a distance of 785.35 feet to a point of curvature of a curve to the right having a radius of 50.00 feet; thence along said curve to the right an arc distance of 83.81 feet to the point of tangency; thence South 03 degrees 11 minutes 20 seconds East a distance of 4.34 feet to the point of ending of said 20 foot wide ingress and egress easement, said point being on the aforementioned north ROW line of Meramec Station Road, 40 feet wide, as traveled, said point also being, along said north ROW line, South 86 degrees 48 minutes 40 seconds West a distance of 442.12 feet from the southeast corner of the aforementioned Timothy M. Drury property. Also a temporary construction license for use during the construction of the pump station and any sewer in the above described pump station easement, said temporary construction license being more particularly described as followed: Commencing at the northwest corner of property conveyed to Drury Development Corporation by deed recorded in Deed Book 12011 Page 1249 of the St. Louis County Records; thence along the aforementioned south ROW line of Interstate I -44, South 78 degrees 22 minutes 57 seconds West a distance of 1,353.56 feet to the Actual point of beginning; thence leaving said south ROW line, South 10 degrees 08 minutes 04 seconds East a distance of 171.05 feet to a point on the aforementioned north ROW line of Meramec Station Road, 40 feet wide, as traveled; thence along said north ROW line, North 71 degrees 45 minutes 52 seconds East a distance of 50.50 feet to a point; thence leaving said north ROW line, North 10 degrees 08 minutes 04 seconds West a distance of 165.23 feet to a point on the aforementioned south ROW line of Interstate I -44; thence along said south ROW line, South 78 degrees 22 minutes 57 seconds West a distance of 50.02 feet t o the Actual point of beginning. The above described temporary construction license to become null and void one (1) year after completion of the above described pump station and sewer construction. Drury Development Corporation 27Q-53-0065 Parcel #2 A pump station easement located on a tract of land in U.S. Survey 880, Township 44 North, Range 5 East, St. Louis County, Missouri and being more particularly described as follows: Beginning at the northwest corner of property conveyed to Timothy M. Dr ury by deed recorded in Deed Book 10415 Page 1136 of St. Louis County Records, said point being on the south Right Of Way (ROW) line of Interstate I -44; thence along said south ROW line, South 78 degrees 22 minutes 57 seconds West a distance of 20.00 feet to a point; thence leaving said south ROW line, South 12 degrees 06 minutes 18 seconds West a distance of 60.00 feet to a point; thence South 78 degrees 22 minutes 57 seconds West a distance of 30.00 feet to a point; thence South 12 degrees 06 minutes, 18 seconds West a distance of 194.56 to a point on the north ROW line of Meramec Station Road, 40 feet wide, as traveled; thence along said north ROW line, North 77 degrees 15 minutes 12 seconds East a distance of 19.03 feet to a point; said point being the southwest corner of the aforementioned Timothy M. Drury property; thence leaving said north ROW line, North 12 degrees 06 minutes 18 seconds East a distance of 172.23 feet to a point; thence North 78 degrees 22 minutes 57 seconds East a distance of 64.09 feet to a point; thence North 11 degrees 37 minutes 03 seconds West a distance of 75.00 feet to the point of beginning. Also a temporary construction license for use during the construction of the pump station and any sewer in the above described pump stat ion easement, said temporary construction license being more particularly described as followed; Beginning at the northeast corner of property conveyed to English Acres Inc. by deed recorded in Deed Book 9300 Page 922 of the St. Louis County Records, said point being on the south Right Of Way (ROW) line of Interstate I -44; thence leaving said south ROW line and proceeding along the east line of said English Acres Inc. property, South 12 degrees 06 minutes 18 seconds West a distance of 60.00 feet to a point ; thence leaving said east line, North 78 degrees 22 minutes 57 seconds East a distance of 30.00 feet to a point; thence North 12 degrees 06 minutes 18 seconds East a distance of 60.00 feet to a point on the aforementioned south ROW line of Interstate I -44; thence along said south ROW line, South 78 degrees 22 minutes 57 seconds West a distance of 30.00 feet to the point of beginning. The above described temporary construction license to become null and void one (1) year after completion of the above described pump station and 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 if possible, or to institute and prosecute an action in condemnation 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 as hereinabove set out. The foregoing Ordinance was adopted August 29, 2001 by the following vote – Ayes – T.W. Purcell, C.D. Seward, A.J. Soukenik, J.W. Siscel, and M.C. Williams. Abstain – M.G. Reichert Nays – None.