HomeMy Public PortalAbout11810 O R D I N A N C E NO. 11810
AN ORDINANCE, declaring the necessity for the acquisition of
easements and licenses in certain real property within The Metropolitan St. Louis
Sewer District for the purpose of construction of sanitary sewers and related
appurtenances in the project known as Towne South Interceptor Sanitary Relief
Phase II (90077A) to serve the needs of residents of the area, and authorizing the
acquisition of said easements and licenses 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 Mattese 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 sanitary sewer lines 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
insanitary and dangerous conditions, it is necessary to appropriate and acquire by
the exercise of eminent domain or otherwise easements and licenses in real
property for the construction of sanitary sewers and related appurtenances in the
project known as Towne South Interceptor Sanitary Relief Phase II (90077A) as
hereinafter set forth, said easements and licenses being more particularly
described as follows:
Towne South Interceptor
M.S.D. Project No. 90077A
Parcel #69(Meyers Property)
29L-31-0105
A PERMANENT SEWER EASEMENT across Lot 454 of TOWNE SOUTH PLAT 4, a
subdivision according to the plat thereof recorded in Plat Book 108, Pages 80 & 81
of the St. Louis County, Missouri Recorder's Office, being more particularly
described as follows:
Commencing at the southerly corner of Lot 454 of said TOWNE SOUTH PLAT 4,
thence along the southeasterly line of said Lot 454, North 43 degrees 03 minutes
38 seconds East, a distance of 10.00 feet; thence leaving said southeasterly line,
North 46 degrees 56 minutes 22 seconds West, a distance of 10.00 feet to the
intersection of two existing 10 foot wide easements as shown on the plat of said
TOWNE SOUTH PLAT 4 and being the Point of Beginning of the herein described
permanent sewer easement; thence along said 10 foot wide easement, North 46
degrees 56 minutes 22 seconds West, a distance of 97.59 feet; thence North 28
degrees 50 minutes 03 seconds West, a distance of 2,7.21 feet; thence leaving said
10 foot wide easement, South 43 degrees 01 minutes 15 seconds East, a distance
of 123.75 feet to the Point of Beginning
Also, a PERMANENT WORKING ROOM EASEMENT for use during the
construction, reconstruction, maintenance or repair of any sewer in the above
described permanent sewer easement, said permanent working room easement
being across Lot 454 of TOWNE SOUTH PLAT 4, a subdivision according to the
plat thereof recorded in Plat Book 108,Pages 80 & 81 of the St. Louis County,
Missouri Recorder's Office, and more particularly described as follows:
Commencing at the southerly corner of Lot 454 of said TOWNE SOUTH PLAT 4,
thence along the southeasterly line of said Lot 454, North 43 degrees 03 minutes
38 seconds East, a distance of 10.00 feet; thence leaving said southeasterly line,
North 46 degrees 56 minutes 22 seconds West, a distance of 10.00 feet to the
intersection of two existing 10 foot wide easements as shown on the plat of said
TOWNE SOUTH PLAT 4 and being the Point of Beginning of the herein described
Permanent Working Room Easement and being a point on the above described
permanent sewer easement; thence along the northeasterly line of said permanent
sewer easement, North 43 degrees 01 minutes 15 seconds West, a distance of
123.75 feet to an existing easement as shown on the plat of said TOWNE SOUTH
PLAT 4; thence along said existing easement, North 40 degrees 11 minutes 20
seconds East, a distance of 10.06 feet; thence leaving said existing easement,
South 45 degrees 09 minutes 50 seconds East, a distance of 79.03 feet; thence
South 44 degrees 50 minutes 10 seconds West, a distance of 8.00 feet; thence
South 45 degrees 09 minutes 50 seconds East, a distance of 30.00 feet; thence
North 44 degrees 50 minutes 10 seconds East, a distance of 8.00 feet; thence
South 45 degrees 09 minutes 50 seconds East, a distance of 15.00 feet to an
existing 10 foot wide easement as shown on the plat of said TOWNE SOUTH PLAT
4; thence along said existing easement, South 43 degrees 03 minutes 38 seconds
West, a distance of 14.66 feet to the Point of Beginning.
Also, a TEMPORARY CONSTRUCTION LICENSE for use during the construction,
reconstruction, maintenance or repair of any sewer in the above described
permanent sewer easement, said temporary construction license being across Lot
454 of TOWNE SOUTH PLAT 4, a subdivision according to the plat thereof
recorded in Plat more particularly Book 108, Pages 80 & 81 of the St. Louis
County, Missouri Recorder's Office, and described as follows:
Commencing at the southerly corner of Lot 454 of said TOWNE SOUTH PLAT 4,
thence along the southeasterly line of said Lot 454, North 43 degrees 03 minutes
38 seconds East, a distance of 10.00 feet; thence leaving said southeasterly line,
North 46 degrees 56 minutes 22 seconds West, a distance of 10.00 feet to the
intersection of two existing 10 foot wide easements as shown on the plat of said
TOWNE SOUTH PLAT 4 and being a point on the above described Permanent
Working Room Easement; thence along said permanent working room easement,
North 43 degrees 03 minutes 38 seconds East, a distance of 14.66 feet; thence
North 45 degrees 09 minutes 50 seconds West, a distance of 15.00 feet to the
Point of Beginning of the herein described Temporary Construction License;
thence continuing along the northeasterly line of said permanent working room
easement, South 44 degrees 50 minutes 10 seconds West, a distance of 8.00 feet;
thence North 45 degrees 09 minutes 50 seconds West, a distance of 30.00 feet;
thence North 44 degrees 50 minutes 10 seconds East, a distance of 25.00 feet;
thence South 45 degrees 09 minutes 50 seconds East, a distance of 30.00 feet;
thence South 44 degrees 50 minutes 10 seconds West, a distance of 17.00 feet to
the Point of Beginning.
TEMPORARY CONSTRUCTION LICENSE will become null and void upon
completion of the above described 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 rights as
hereinabove set out.
The foregoing Ordinance was adopted August 12, 2004.