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HomeMy Public PortalAbout12856ORDINANCE NO. 12856 AN ORDINANCE, declaring the necessity for the acquisition of real property within The Metropolitan St. Louis Sewer District for treatment plant improvements in the project known as Missouri WWTP Secondary Treatment Expansion (2006168) to serve the needs of the entire Missouri River Service Area, and authorizing the acquisition of 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 Missouri River Watershed wherein live and work numerous people; and WHEREAS, sanitary and storm 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 the acquisition of said real property for treatment plant improvement purposes 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 real property for treatment plant improvement purposes in the project known as Missouri WWTP Secondary Treatment Expansion (2006168) hereinafter set forth, said real property and/or easements in real property being more particularly described as follows: A tract of land being part of Lot 1 and accretions thereto of “Samuel Bonner’s Subdivision of Creve Coeur Lake Place,” a subdivision according to the plat thereof recorded in Plat Book 2 page 23 of the St. Louis County records, in U.S. Survey 3094, Township 46 North – Range 5 East, City of Maryland Heights, St. Louis County, Missouri and being more particularly described as: Beginning at the Southeast corner of said Lot 1 of “Samuel Bonner’s Subdivision of Creve Coeur Lake Place”; said point being also a point in the East line of U.S. Survey 3094; thence Westward along the South line of said Lot 1 of “Samuel Bonner’s Subdivision of Creve Coeur Lake Place” South 68 degrees 03 minutes 50 seconds West 440.42 feet to a point; thence Northwardly along a line parallel to the East line of said Lot 1 North 23 degrees 38 minutes 50 seconds West 2475.23 feet to a point in the South line of the Howard Bend Levee District Under-seepage Easement according to instrument recorded in Book 11128 page 902 of the St. Louis County records; thence Eastwardly along said South line of the Howard Bend Levee District Under-seepage Easement North 69 degrees 24 minutes 11 seconds East 403.42 feet and along a curve to the left whose radius point bears North 20 degrees 35 minutes 49 seconds West 562.50 feet from the last mentioned point, a distance of 37.39 feet to a point in the Northwardly prolongation of the aforesaid East line of Lot 1 of “Samuel Bonner’s Subdivision of Creve Coeur Lake Place”, said point being also a point in the aforesaid East line of U.S. Survey 3094; thence Southwardly along said Northwardly prolongation of the East line of Lot 1 of “Samuel Bonner’s Subdivision of Creve Coeur Lake Place” and along said East line of Lot 1, being also along said East line of U.S. Survey 3094 South 23 degrees 38 minutes 50 seconds East 2466.16 feet to the point of beginning and containing 24.963 acres according to a survey by Volz Incorporated dated October 29, 2008. 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 May 14, 2009.