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HomeMy Public PortalAbout12806O R D I N A N C E NO. 12806 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 sewers and related appurtenances in the project known as Brookton Way to Meramec Bottom Road Sanitary Relief (2000083) 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 Meramec Tributary Areas Watershed wherein live and work numerous people; and WHEREAS, 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 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 licenses in real property for the construction of sewers and related appurtenances in the project known as Brookton Way to Meramec Bottom Road Sanitary Relief (2000083) as hereinafter set forth, said easements and licenses being more particularly described below: BROOKTON WAY TO MERAMEC BOTTOM ROAD SANITARY RELIEF M.S.D. PROJECT NO. 2000083 SCHROETER 32L-14-0025 A 15.00 foot wide SEWER EASEMENT across part of Lot 4 of Jacob Wickersham Jr. Estate Partition in U.S. Survey 1341, Township 43 North, Range 6 East, as recorded in Deed Book 7601, Page 2206 of St. Louis County, Missouri Recorder’s Office and being more particularly described as follows: COMMENCING at a point on the line dividing U.S. Surveys 993 and 1341, being the point of intersection of the center line of Meramec Bottom (formerly 40 feet wide) Road, running Southwest and Meramec Bottom Road running Southeast; THENCE South 22 degrees 16 minutes 16 seconds West along the West line of said U. S. Survey 1341, a distance of 876.60 feet to a point at the Northern corner of property conveyed to Kolping Kicks Soccer Club by deed recorded in Deed Book 10337 Page 1147 of said Recorder’s Office ( formerly property of William J. Leitner and wife by deed recorded in Deed Book 6062 Page 353 of said Recorder’s Office): THENCE along the Northeast line of said Kolping Kicks Soccer Club property, South 65 degrees 54 minutes 27 seconds East a distance of 395.87 feet to the POINT OF BEGINNING of the centerline of herein described 15.00 foot wide SEWER EASEMENT; THENCE North 22 degrees 28 minutes 39 seconds East a distance of 509.12 feet to the POINT OF TERMINATION of herein described 15.00 foot wide SEWER EASEMENT, said POINT OF TERMINATION also being on the southwest line of a tract of land conveyed to St. Louis County, Missouri by deed recorded in Deed Book 10383, Page 2193 of said Recorder’s Office, said POINT OF TERMINATION also being North 65 degrees 54 minutes 27 seconds West a distance of 42.84 feet from the Southern corner of said property conveyed to said St. Louis County. Also, two (2) TEMPORARY CONSTRUCTION LICENSES for use during construction of any sewer in the above described 15.00 foot wide SEWER EASEMENT and being more particularly described as follows: VARIABLE WIDTH TEMPORARY CONSTRUCTION LICENSE NO.1 A variable width TEMPORARY CONSTRUCTION LICENSE lying adjacent to the southeast line of above described 15.00 foot wide SEWER EASEMENT, bounded on the northeast by the said southwest line of property conveyed to St. Louis County, bounded on the southwest by the said northeast line of a tract of land conveyed to Kolping Kicks Soccer Club and bounded on the southeast by the northwest line of a tract of land conveyed to Metropolitan Park and Recreation District by deed recorded in Deed Book 15088, Page 2010 of said Recorder’s Office. A 20.00 foot wide TEMPORARY CONSTRUCTION LICENSE NO.2 A 20.00 foot wide TEMPORARY CONSTRUCTION LICENSE lying adjacent to the northwest line of above described 15.00 foot wide SEWER EASEMENT, bounded on the northeast by the said southwest line of property conveyed to St. Louis County, bounded on the southwest by the said northeast line of a tract of land conveyed to Kolping Kicks Soccer Club. TEMPORARY CONSTRUCTION LICENSES NO.1 and NO.2 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 January 8, 2009.