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.