HomeMy Public PortalAbout15656 Dekamay Drive Storm Sewer (11535)ORDINANCE NO. 15656
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 Dekamay
Drive Storm Sewer (MGJB-130) (11535) 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 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 Unincorporated St. Louis County, Missouri within the Martigney Creek Watershed wherein
numerous people live and work;
WHEREAS, stormwater 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 Dekamay Drive Storm Sewer (MGJB-130)
(11535) hereinafter set forth, said easements and temporary easements being more particularly
described below:
Parcel #10
A 10-FOOT-WIDE SEWER EASEMENT being part of Lot 43 of “LEXINGTON ESTATES”
recorded in Plat Book 124, Page 34 of the St. Louis County Records, Located in Unincorporated
St. Louis County, Missouri, and being more particularly described as follows:
COMMENCING at the Southwest corner of the aforementioned Lot 43 of “LEXINGTON
ESTATES”; THENCE along the Southwest line of the aforementioned Lot 43 South 54 degrees,
26 minutes, 33 seconds East a distance of 5.00 feet to the True Point of Beginning of the centerline
of the herein described 10 FOOT WIDE SEWER EASEMENT; THENCE leaving the
aforementioned Southwest line of Lot 43 North 36 degrees, 22 minutes, 26 seconds East a distance
of 28.43 feet to a point; THENCE North 68 degrees, 56 minute, 59 seconds East a distance of
48.39 feet to the point of terminus in the Northeast line of the aforementioned Lot 43. Excepting
therefrom those portions covered by the existing easements recorded in said P.B. 124 Pg. 34.
A TEMPORARY CONSTRUCTION EASEMENT being part of Lot 43 of “LEXINGTON
ESTATES” recorded in Plat Book 124, Page 34 of the St. Louis County Records, Located in
Unincorporated St. Louis County, Missouri, and being more particularly described as follows:
COMMENCING at the Southwest corner of the aforementioned Lot 43 of “LEXINGTON
ESTATES”; THENCE along the West line of the aforementioned Lot 43 North 33 degrees, 22
minutes, 27 seconds East a distance of 29.97 to the True Point of Beginning of the herein described
TEMPORARY CONSTRUCTION EASEMENT; THENCE North 36 degrees, 22 minutes, 27
seconds East a distance of 38.87 feet to a point in the Northeast line of the aforementioned Lot 43:
THENCE South 54 degrees, 26 minutes, 33 seconds East a distance of 25.07 feet to a point ;
THENCE South 68 degrees, 56 minutes, 59 seconds West a distance of 46.55 feet to the point of
beginning of the herein described TEMPORARY CONSTRUCTION EASEMENT. Excepting
therefrom those portions covered by the existing easements recorded in said P.B. 124 Pg. 34.
THE TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion
of the sewer construction.
A 5-FOOT-WIDE TEMPORARY CONSTRUCTION EASEMENT being part of Lot 43 of
“LEXINGTON ESTATES” recorded in Plat Book 124, Page 34 of the St. Louis County Records,
Located in Unincorporated St. Louis County, Missouri, and being more particularly described as
follows:
COMMENCING at the Southwest corner of the aforementioned Lot 43 of “LEXINGTON
ESTATES”; THENCE along the Southwest line of the aforementioned Lot 43 South 54 degrees,
26 minutes, 43 seconds East a distance of 10.00 to the True Point of Beginning of the herein
described 5 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT; THENCE leaving the
aforementioned Southwest line of Lot 43 North 36 degrees, 22 minutes, 26 seconds East a distance
of 26.90 Feet to a point; THENCE North 68 degrees, 56 minutes, 59 seconds East a distance of
50.22 feet to a point in the Northeast line of the aforementioned Lot 43; along the Northeast line
of Lot 43 South 54 degrees, 26 minutes, 33 seconds East a distance of 5.99 to a point; THENCE
leaving said Northeast line of Lot 43 South 68 degrees, 56 minutes, 59 seconds West a distance of
52.06 feet to a point; THENCE South 36 degrees, 22 minutes, 26 seconds West a distance of 25.37
feet to a point; THENCE North 54 degrees, 26 minutes, 33 seconds East a distance of 5.00 feet to
the point of beginning of the herein described 5 FOOT WIDE TEMPORARY CONSTRUCTION
EASEMENT. Excepting therefrom those portions covered by the existing easements recorded in
said P.B. 124 Pg. 34.
THE 5-FOOT-WIDE TEMPORARY CONSTRUCTION EASEMENT will become null and void
upon completion of the sewer construction.
Parcel #12
A SEWER EASEMENT being part of Lot 41 of “LEXINGTON ESTATES” recorded in Plat Book
124, Page 34 of the St. Louis County Records, Located in Unincorporated St. Louis County,
Missouri, and being more particularly described as follows:
COMMENCING at the Southwest corner of the aforementioned Lot 41 of “LEXINGTON
ESTATES”; THENCE along the West line of the aforementioned Lot 41 North 36 degrees, 22
minutes, 27 seconds East a distance of 8.99 feet to the True Point of Beginning of the herein
described SEWER EASEMENT; THENCE continuing along the aforementioned West line of Lot
41 North 36 degrees, 22 minutes, 27 seconds East a distance of 51.01 feet to a point being the
Northwest corner of the aforementioned Lot 41; THENCE along the Northeast line of Lot 41 South
54 degrees, 26 minutes, 33 seconds East a distance of 10.00 feet to a point; THENCE leaving said
Northeast line of Lot 41 South 36 degrees, 22 minutes, 26 seconds West a distance of 5.61 feet to
a point; THENCE South 48 degrees, 45 minutes, 31 seconds West a distance of 46.63 feet to the
point of beginning of the herein described SEWER EASEMENT. Excepting therefrom those
portions covered by the existing easements recorded in said P.B. 124 Pg. 34.
A TEMPORARY CONSTRUCTION EASEMENT being part of Lot 41 of “LEXINGTON
ESTATES” recorded in Plat Book 124, Page 34 of the St. Louis County Records, Located in
Unincorporated St. Louis County, Missouri, and being more particularly described as follows:
BEGINNING at the Southwest corner of the aforementioned Lot 41 of “LEXINGTON
ESTATES”; THENCE along the West line of the aforementioned Lot 41 North 36 degrees, 22
minutes, 27 seconds East a distance of 8.99 feet a point; THENCE leaving the aforementioned
West line of Lot 41 North 48 degrees, 45 minutes, 31 seconds East a distance of 46.43 feet to a
point; THENCE North 36 degrees, 22 minutes, 26 seconds East a distance of 5.61 feet to a point
in the Northeast line of Lot 41; THENCE along the Northeast line of Lot 41 South 54 degrees, 26
minutes, 33 seconds East a distance of 5.00 feet to a point; THENCE leaving said Northeast line
South 36 degrees, 22 minutes, 26 seconds West a distance of 6.23 feet to a point; THENCE South
48 degrees, 45 minutes, 31 seconds West a distance of 34.97 feet a point; THENCE South 36
degrees, 22 minutes, 27 seconds West a distance of 19.72 feet to a point in the Southwest line of
Lot 41; THENCE North 54 degrees, 26 minutes, 33 seconds West a distance of 7.50 feet to the
point of beginning of the herein described TEMPORARY CONSTRUCTION EASEMENT.
Excepting therefrom those portions covered by the existing easements recorded in said P.B. 124
Pg. 34.
THE TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion
of the 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 May 13, 2021.