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HomeMy Public PortalAbout14894 University City I-I (UR-08 UR-09) - 11984ORDINANCE NO. 14894 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 University City I/I Reduction – East (UR-08 and UR-09) (11984) in the Cities of Vinita Park and University City, 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 River Des Peres 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 University City I/I Reduction – East (UR-08 and UR-09) (11984) as hereinafter set forth, said easements and temporary easements being more particularly described below: Parcel #24 A 5.00 and 10.00 FOOT WIDE EASEMENT across Lot 4 and part of Lot 3 of Brittany Estates Plat No. 2 a subdivision as recorded in Plat Book 43, Page 32 of the St. Louis County, Missouri Recorder’s Office and being more particularly described as follows: BEGINNING at the northeastern corner of said Lot 4, said northeastern corner also being the southeastern corner of Lot 5 of said Brittany Estates Plat No. 2 and on the west line of Brittany Park a subdivision as recorded in Plat Book 48, Page 07 of the said recorder’s office; THENCE South 00 degrees 02 minutes 09 seconds East along the eastern line of said Lot 4 and part of said Lot 3, said eastern line also being the western line of said Brittany Park, a distance of 157.56 feet to a point; THENCE departing the said eastern line North 73 degrees 30 minutes 19 seconds West a distance of 10.43 feet to a point; THENCE North 00 degrees 02 minutes 09 seconds West a distance of 149.92 feet to a point; THENCE North 88 degrees 05 minutes 54 seconds West a distance of 128.51 feet to a point of curvature; THENCE 5.00 feet along the western line of said Lot 4, said western line also being the eastern right-of-way line of Shandel (50.00 foot wide) Drive, along a curve to the left having a radius of 692.41 and a chord bearing of North 02 degrees 04 minutes 07 seconds East to a point; THENCE South 88 degrees 05 minutes 54 seconds East along the common line between said Lots 4 and 5 a distance of 138.33 feet to the POINT OF BEGINNING, excepting therefrom those portions covered by the existing easements recorded in said Brittany Estates Plat No. 2 of said recorder’s office. Also A 6.00 FOOT and 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT for use during the construction of any sewer in the above described sewer easement, said TEMPORARY CONSTRUCTION EASEMENT being more particularly described as follows: A 6.00 FOOT and 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT COMMENCING at the said northeastern corner of said Lot 4; THENCE South 00 degrees 02 minutes 09 seconds East along the said eastern line of said Lot 4 a distance of 157.56 feet to a point; THENCE departing the said eastern line North 73 degrees 30 minutes 19 seconds West a distance of 10.43 feet to the POINT OF BEGINNING of herein described 6.00 FOOT and 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT; THENCE North 73 degrees 30 minutes 19 seconds West a distance of 10.43 feet to a point; THENCE North 00 degrees 02 minutes 09 seconds West a distance of 27.26 feet to a point; THENCE North 89 degrees 57 minutes 51 seconds East a distance of 4.00 feet to a point; THENCE North 00 degrees 02 minutes 09 seconds West a distance of 24.27 feet to a point; THENCE South 89 degrees 57 minutes 51 seconds West a distance of 4.00 feet to a point; THENCE North 00 degrees 02 minutes 09 seconds West a distance of 59.00 feet to a point; THENCE North 89 degrees 57 minutes 51 seconds East a distance of 10.00 feet to a point; THENCE South 00 degrees 02 minutes 09 seconds East along the western line of herein described 5.00 and 10.00 FOOT WIDE EASEMENT a distance of 113.50 feet to the POINT OF BEGINNING of herein described 6.00 FOOT and 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT. The 6.00 FOOT and 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of the above described 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 May 10, 2018.