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HomeMy Public PortalAbout15655 Hampton Creek sanitary Relief (Deer Creek Trunk to Oxford Dr) Phase 1B (13597)O R D I N A N C E NO. 15655 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 Hampton Creek Sanitary Relief (Deer Creek Trunk to Oxford Dr) Phase 1B (13597) in the City of Brentwood, 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 and/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 City of Brentwood, Missouri within the Deer Creek Watershed wherein numerous people live and work; 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 Hampton Creek Sanitary Relief (Deer Creek Trunk to Oxford Dr) Phase 1B (13597) hereinafter set forth, said easements and temporary easements being more particularly described below: Parcel #4 A VARIABLE WIDTH EASEMENT through property conveyed to Truman Bank by deed recorded in Book 17612, Page 3345 of the St. Louis County Recorder’s Office, and being Lot 3 of the “Brazeaux Plaza” as recorded in Plat Book 354, Page 105 of the St. Louis County Recorder’s Office, in U.S. Survey 1930, Township 45 North – Range 6 East, City of Brentwood, St. Louis County, Missouri and being more particularly described as follows: Commencing at the most Western corner of said Lot 3, being on the Northwest line of Manchester Road, variable width; THENCE along said Northwest line of Manchester Road along a curve to the left whose radius point bears North 28 degrees 29 minutes 03 seconds West 525.97 feet from the last mentioned point, an arc distance of 95.47 feet and North 51 degrees 06 minutes 58 seconds East 49.66 feet to the ACTUAL POINT OF BEGINNING; THENCE North 22 degrees 21 minutes 59 seconds West 11.15 feet to a point; THENCE North 4 degrees 43 minutes 06 seconds East 57.81 feet to a point; THENCE South 85 degrees 16 minutes 54 seconds East 10.00 feet to a point; THENCE North 4 degrees 43 minutes 06 seconds East 78.82 feet to a point; THENCE North 88 degrees 27 minutes 20 seconds West 7.47 feet to a point; THENCE North 1 degrees 21 minutes 33 seconds West 31.00 feet to a point; THENCE North 25 degrees 23 minutes 51 seconds East 13.98 feet to a point; THENCE North 29 degrees 47 minutes 15 seconds West 22.65 feet to a Northwest line of said Lot 3; THENCE North 60 degrees 56 minutes 48 seconds East 70.62 feet along said Northwest line of Lot 3 to a point; THENCE North 23 degrees 19 minutes 09 seconds East 10.02 feet along a West line of said Lot 3 to the most Northern corner thereof; THENCE South 43 degrees 27 minutes 22seconds East 46.26 feet along a Northeast line of said Lot 3 to a point; THENCE South 45 degrees 44 minutes 31 seconds West 66.60 feet to a point; THENCE South 25 degrees 51 minutes 09 seconds West 31.96 feet to a point; THENCE North 85 degrees 16 minutes 54 seconds West 7.50 feet to a point; THENCE South 4 degrees 43 minutes 06 seconds West 127.58 feet to the aforesaid Northwest line of Manchester Road; THENCE along said Northwest line of Manchester Road South 51 degrees 06 minutes 58 seconds West 27.51 feet to the ACTUAL POINT OF BEGINNING. Excepting Therefrom that part of: An easement to Metropolitan St. Louis Sewer District recorded in Deed Book 6945, Page 905 of the St. Louis County Recorder’s Office. A 10 feet wide easement to Metropolitan St. Louis Sewer District recorded in Deed Book 8024, Page 1465 of the St. Louis County Recorder’s Office. A 10 feet wide easement to Metropolitan St. Louis Sewer District recorded in Deed Book 9426, Page 1796 of the St. Louis County Recorder’s Office. TEMPORARY CONSTRUCTION EASEMENT No. 1 A TEMPORARY CONSTRUCTION EASEMENT through property conveyed to Truman Bank by deed recorded in Book 17612, Page 3345 of the St. Louis County Recorder’s Office, and being Lot 3 of the “Brazeaux Plaza” as recorded in Plat Book 354, Page 105 of the St. Louis County Recorder’s Office, in U.S. Survey 1930, Township 45 North – Range 6 East, City of Brentwood, St. Louis County, Missouri and being more particularly described as follows: Commencing at the most Western corner corner of said Lot 3, being on the Northwest line of Manchester Road, variable width; THENCE along said Northwest line of Manchester Road along a curve to the left whose radius point bears North 28 degrees 29 minutes 03 seconds West 525.97 feet from the last mentioned point, an arc distance of 72.46 feet to the ACTUAL POINT OF BEGINNING; THENCE North 38 degrees 53 minutes 02 seconds West 51.50 feet to a point; THENCE North 51 degrees 06 minutes 58 seconds East 80.65 feet to a point; THENCE North 4 degrees 43 minutes 06 seconds East 84.77 feet to a point; THENCE North 1 degrees 22 minutes 09 seconds West 65.55 feet to a Northwest line of said Lot 3; THENCE North 60 degrees 56 minutes 48 seconds East 28.05 feet along said Northwest line of Lot 3 to a point; THENCE South 29 degrees 47 minutes 15 seconds East 22.65 feet to a point; THENCE South 25 degrees 23 minutes 51 seconds West 13.98 feet to a point; THENCE South 1 degrees 21 minutes 33 seconds East 31.00 feet to a point; THENCE South 88 degrees 27 minutes 20 seconds East 7.47 feet to a point; THENCE South 4 degrees 43 minutes 06 seconds West 78.82 feet to a point; THENCE North 85 degrees 16 minutes 54 seconds West 10.00 feet to a point; THENCE South 4 degrees 43 minutes 06 seconds West 57.81 feet to a point; THENCE South 22 degrees 21 minutes 59 seconds East 11.15 feet to the aforesaid Northwest line of Manchester Road; THENCE along said Northwest line of Manchester Road South 51 degrees 06 minutes 58 seconds West 49.66 feet and along a curve to the right whose radius point bears North 38 degrees 53 minutes 02 seconds West 525.97 feet from the last mentioned point, an arc distance of 23.01 feet to the ACTUAL POINT OF BEGINNING. Excepting Therefrom that part of: A 10 feet wide easement to Metropolitan St. Louis Sewer District recorded in Deed Book 8024, Page 1465 of the St. Louis County Recorder’s Office. A 10 feet wide easement to Metropolitan St. Louis Sewer District recorded in Deed Book 9426, Page 1796 of the St. Louis County Recorder’s Office. Easements to Metropolitan St. Louis Sewer District recorded in Deed Book 9426, Page 1799 of the St. Louis County Recorder’s Office. TEMPORARY CONSTRUCTION EASEMENT No. 2 A TEMPORARY CONSTRUCTION EASEMENT through property conveyed to Truman Bank by deed recorded in Book 17612, Page 3345 of the St. Louis County Recorder’s Office, and being Lot 3 of the “Brazeaux Plaza” as recorded in Plat Book 354, Page 105 of the St. Louis County Recorder’s Office, in U.S. Survey 1930, Township 45 North – Range 6 East, City of Brentwood, St. Louis County, Missouri and being more particularly described as follows: Commencing at the most Western corner of said Lot 3, being on the Northwest line of Manchester Road, variable width; THENCE along said Northwest line of Manchester Road along a curve to the left whose radius point bears North 28 degrees 29 minutes 03 seconds West 525.97 feet from the last mentioned point, an arc distance of 95.47 feet and North 51 degrees 06 minutes 58 seconds East 77.17 feet to the ACTUAL POINT OF BEGINNING; THENCE North 4 degrees 43 minutes 06 seconds East 127.58 feet to a point; THENCE South 85 degrees 16 minutes 54 seconds East 7.50 feet to a point; THENCE North 25 degrees 51 minutes 09 seconds East 31.96 feet to a point; THENCE North 45 degrees 44 minutes 31 seconds East 66.60 feet to a Northeast line of said Lot 3; THENCE South 43 degrees 27 minutes 22 seconds East 49.00 feet along a Northeast line of said Lot 3 to a point; THENCE North 50 degrees 23 minutes 38 seconds East 67.32 feet along a Northwest line of said Lot 3 to a point; THENCE South 7 degrees 19 minutes 38 seconds West 85.40 feet along the East line of said Lot 3 to the aforesaid Northwest line of Manchester Road; THENCE along said Northwest line of Manchester Road South 51 degrees 06 minutes 58 seconds West 198.20 feet to the ACTUAL POINT OF BEGINNING. Excepting Therefrom that part of: An easement to Metropolitan St. Louis Sewer District recorded in Deed Book 6945, Page 905 of the St. Louis County Recorder’s Office. A 10 feet wide easement to Metropolitan St. Louis Sewer District recorded in Deed Book 8024, Page 1465 of the St. Louis County Recorder’s Office. Easements to Metropolitan St. Louis Sewer District recorded in Deed Book 9426, Page 1799 of the St. Louis County Recorder’s Office. 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 13, 2021.