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HomeMy Public PortalAbout13326ORDINANCE NO. 13326 AN ORDINANCE, declaring the necessity for the acquisition of an easement and temporary easements 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 Phase II (2000083 - 10401) to serve the needs of residents of the area, and authorizing the acquisition of said easement and temporary easements 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 easement and temporary easements in real property for the construction of sewers and related appurtenances in the project known as Brookton Way to Meramec Bottom Road Sanitary Relief Phase II (2000083 - 10401) as hereinafter set forth, said easement and temporary easements being more particularly described below: BROOKTON WAY TO MERAMEC BOTTOM ROAD SANITARY RELIEF M.S.D. PROJECT NO. 10401-2000083 PARCEL NO. 59 A VARIABLE WIDTH EASEMENT across part of Lot 342 in Towne South Estates Plat 3 as recorded in Plat Book 134 Pages 68 and 69 of St. Louis County, Missouri Recorder’s Office and being more particularly described as follows: COMMENCING at the southern corner of said Lot 342; THENCE North 66 degrees 52 minutes 51 seconds West along the southwestern line of said Lot 342, said southwestern line also being the northeastern line of Common Ground in said Towne South Estates Plat 3 a distance of 7.50 feet to the POINT OF BEGINNING; THENCE North 66 degrees 52 minutes 51 seconds West along the said southwestern line a distance of 22.35 feet to a point; THENCE North 13 degrees 24 minutes 46 seconds East along the eastern line of an existing 10.00 foot wide easement as recorded in said Plat Book 134, Pages 68 and 69 a distance of 0.86 feet to a point; THENCE North 23 degrees 07 minutes 09 seconds East along the southeastern line of said existing 10.00 foot wide easement a distance of 1.56 feet to a point; THENCE North 85 degrees 43 minutes 48 seconds East a distance of 25.34 feet to a point; THENCE South 23 degrees 07 minutes 09 seconds West, along the northwestern line of an existing 7.50 foot wide easement as recorded in said Plat Book 134, Pages 68 and 69 a distance of 14.07 feet to the POINT OF BEGINNING. Also a 10.00 foot wide and 20.00 foot wide TEMPORARY CONSTRUCTION EASEMENT for use during construction of any sewer in the above described VARIABLE WIDTH EASEMENT and being more particularly described as follows: 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT NO.1 COMMENCING at the said southern corner of Lot 342; THENCE North 66 degrees 52 minutes 51 seconds West along the southwestern line of said Lot 342 a distance of 40.00 feet to the POINT OF BEGINNING; THENCE North 66 degrees 52 minutes 51 seconds West, along the said southwestern line of Lot 342 a distance of 15.00 feet to a point; THENCE North 23 degrees 07 minutes 09 seconds East a distance of 10.00 feet to a point; THENCE South 66 degrees 52 minutes 51 seconds East a distance of 15.00 feet to a point; THENCE South 23 degrees 07 minutes 09 seconds West along the northwestern line of said 10.00 foot wide easement as recorded in Plat Book 134, Pages 68 and 69 a distance of 10.00 feet to the POINT OF BEGINNING. 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT NO.2 COMMENCING at the said southern corner of Lot 342; THENCE North 66 degrees 52 minutes 51 seconds West along the said southwestern line of Lot 342 a distance of 29.85 feet to a point; THENCE North 13 degrees 24 minutes 46 seconds East along the said eastern line of an existing 10.00 foot wide easement a distance of 0.86 feet to a point; THENCE North 23 degrees 07 minutes 09 seconds East along the said southeastern line of an existing 10.00 foot wide easement a distance of 1.56 feet to the POINT OF BEGINNING; THENCE North 23 degrees 07 minutes 09 seconds East, along the said southeastern line of an existing 10.00 foot wide easement a distance of 22.53 feet to a point; THENCE North 85 degrees 43 minutes 48 seconds East a distance of 25.34 feet to a point; THENCE South 23 degrees 07 minutes 09 seconds West along the said northwestern line of an existing 7.50 foot wide easement a distance of 22.53 feet to a point; THENCE South 85 degrees 43 minutes 48 seconds West, along the north line of above described VARIABLE WIDTH EASEMENT a distance of 25.34 feet to the POINT OF BEGINNING; TEMPORARY CONSTRUCTION EASEMENTS 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 November 21, 2011.