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HomeMy Public PortalAbout14070 Pickwick Bernadine Bimini Sanitary Relief 11698ORDINANCE NO. 14070 AN ORDINANCE, declaring the necessity for the acquisition of easements 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 Pickwick – Bernadine – Bimini Sanitary Relief (11698) in unincorporated St. Louis County, Missouri to serve the needs of residents of the area, and authorizing staff to proceed with further condemnation efforts related to the project, including but not limited to the purchase &/or the filing of all necessary court pleadings or documents to commence and prosecute formal legal proceedings for the acquisition of said easements and temporary construction easements. WHEREAS, there exists within The Metropolitan St. Louis Sewer District an area of the County of St. Louis within the Gravois Creek 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 temporary construction easements in real property for the construction of sewers and related appurtenances in the project known as Pickwick – Bernadine – Bimini Sanitary Relief (11698) as hereinafter set forth, said easements and temporary easements being more particularly described below: Parcel #5 A variable width PERMANENT SEWER EASEMENT across a tract of land being part of Lot 39 of Archer Park as recorded in Plat Book 71, Page 22 of the St. Louis County, Missouri Recorder’s Office, being more particularly described as follows: Beginning at the most southern corner of Lot 39 of Archer Park as recorded in Plat Book 71, Page 22 of the St. Louis County, Missouri Recorder’s Office, proceed thence along the southwest line of said Lot 39, North 37°58’09” West 39.71 feet to a point; thence departing said southwest line of Lot 39, North 49°14’48” East 62.75 feet to a point on the northeast line of said Lot 39; thence along the northeast line of Lot 39, South 40°45’13” East 40.00 feet to the most eastern corner of said Lot 39; thence along the southeast line of Lot 39, South 49°14’47” West 50.85 feet to a point of curve; thence along a curve to the right having a radius of 285.00 feet with an arc length of 13.85 feet to the point of beginning. Also, a TEMPORARY CONSTRUCTION LICENSE for use during the construction of any sewer in the above described permanent sewer easement, said temporary construction license being more particularly described as follows: A 15.00 foot wide temporary construction license adjacent to the northwest line of the above described variable width Permanent Sewer Easement and also adjacent to the northeast line of Lot 39 of Archer Park as recorded in Plat Book 71, Page 22 of the St. Louis County, Missouri Recorder’s Office, bounded on the southwest by the northeast line of Lot 38 and bounded on the northwest by the southeast right of way line of Vargas Drive, 50 feet wide excepting therefrom those portions covered by the existing easement recorded in Plat Book 71 Page 22 of said recorder’s office. TEMPORARY CONSTRUCTION LICENSE will become null and void upon completion of the above described sewer construction. Parcel #14 A 5.00 foot wide PERMANENT SEWER EASEMENT across a tract of land being part of Lot 168 of Tara Plat No. 2 as recorded in Plat Book 66 Page 40 of the St. Louis County, Missouri Recorder’s Office, being more particularly described as follows: A 5.00 foot wide permanent sewer easement adjacent to the east right of way of Pickwick Drive, 50 feet wide, bounded on the north by the south line of Lot 169 of Tara Plat No. 2 as recorded in Plat Book 66 Page 40 of the St. Louis County, Missouri Recorder’s Office and bounded on the south by the north line of Lot 167. Also, a TEMPORARY CONSTRUCTION LICENSE for use during the construction of any sewer in the above described permanent sewer easement, said temporary construction license being more particularly described as follows: A 5.00 foot wide temporary construction license adjacent to the east line of the above described 5.00 foot wide Permanent Sewer Easement, bounded on the north by the south line of Lot 169 of Tara Plat No. 2 as recorded in Plat Book 66 Page 40 of the St. Louis County, Missouri Recorder’s Office and bounded on the south by the north line of Lot 167. TEMPORARY CONSTRUCTION LICENSE 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 to the extent possible or to continue with the condemnation process by preparing and/or filing all necessary court pleadings and documents to institute and prosecute legal actions in condemnation to acquire all easements for the above-referenced project, 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 on April 9, 2015.