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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.