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HomeMy Public PortalAbout13156RDINANCE NO. 13156 AN ORDINANCE, declaring the necessity for the acquisition of a temporary construction easement in certain real property within The Metropolitan St. Louis Sewer District for the purpose of construction of storm sewers, storm channel and related appurtenances in the project known as Stonell – Elise Drive Storm Project (GCMB-220) (10036) to serve the needs of residents of the area, and authorizing the acquisition of said temporary construction easement by purchase or by the institution of condemnation proceedings. WHEREAS, there exists within The Metropolitan St. Louis Sewer District an area of the City of Lakeshire, County of St. Louis within the Gravois Creek Watershed wherein live and work numerous people; and WHEREAS, storm water 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 storm sewers, storm channel 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 a temporary construction easement in real property for the construction of storm sewers, storm channel and related appurtenances in the project known as Stonell – Elise Drive Storm Project (GCMB-220) (10036) as hereinafter set forth, said temporary construction easement being more particularly described below: STONELL & ELISE STORM PROJECT (GCMB-220) M.S.D. Project No. 98087 - 10036 Parcel No. 31 A 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT across part of Lot 12 in LAKESHIRE SECOND ADDITION, a subdivision recorded in Plat Book 62, Page 8 of St. Louis County, Missouri Recorder’s Office, said TEMPORARY CONSTRUCTION EASEMENT being more particularly described as follows: A 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT adjacent to the northwest line of an existing 5.00 foot wide easement along the southeast line of said Lot 12, bounded on the southwest by the northeast line of an existing 10.00 foot wide easement of said Lot 12, bounded on the northeast by the southwest right-of-way line of Stonell (50’ wide) Drive. The 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of the Stonell & Elise Storm Project (GCMB-220). 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 November 10, 2010.