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HomeMy Public PortalAbout16003 Greenbriar #2 Pump Station (P-448) Elimination (12291)OR DINANC E NO. 16003 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 Greenbriar #2 Pump Station (P-448) Elimination (12291) in the City of Des Peres and 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 areas of Des Peres and Unincorporated St. Louis County, Missouri within the Grand Glaize 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 Greenbriar #2 Pump Station (P-448) Elimination (12291) hereinafter set forth, said easements being more particularly described below: PARCEL #8 10 FEET WIDE AND 20 FEET WIDE SEWER EASEMENT across a tract of land being all of Lot 2 of “Barrett Station Grove” as recorded in Plat Book 361, Page 310 of the public records of St. Louis County, in St. Louis, Missouri, being more particularly described as follows: 10 FEET WIDE SEWER EASEMENT, COMMENCING at the Southernmost corner of said Lot 2 of “Barrett Station Grove”; THENCE along the Southwest line of said Lot 2, also being the Northeast line of Lot 3 of said “Barrett Station Grove”, North 51 degrees 31 minutes 04 seconds West, 21.47 feet to the POINT OF BEGINNING of the herein described centerline of said 10 FEET WIDE SEWER EASEMENT; THENCE leaving said Southwest line of Lot 2, North 40 degrees 39 minutes 46 seconds East, 131.36 feet to the beginning of the herein described centerline of said 20 FEET WIDE SEWER EASEMENT; THENCE South 66 degrees 30 minutes 11 seconds East, 10.07 feet to a point on the Northeast line of said Lot 2, also being the POINT OF TERMINUS. Excepting therefrom those portions covered by the existing easement recorded in Plat Book 361, Page 310 of said public records. ALSO two (2) 5 FEET WIDE TEMPORARY CONSTRUCTION EASEMENTS for use during the construction of any sewer in the above described SEWER EASEMENT, said 5 FEET WIDE TEMPORARY CONSTRUCTION EASEMENTS being more particularly described as follows: A 5 FEET WIDE TEMPORARY CONSTRUCTION EASEMENT (#1), COMMENCING at the Southernmost corner of said Lot 2 of “Barrett Station Grove”; THENCE along the Southwest line of said Lot 2, also being the Northeast line of Lot 3 of said “Barrett Station Grove”, North 51 degrees 31 minutes 04 seconds West, 11.47 feet to the POINT OF BEGINNING; THENCE continuing along said Southwest line, North 51 degrees 31 minutes 04 seconds West, 5.00 feet; THENCE leaving said Southwest line, North 40 degrees 39 minutes 46 seconds East, 122.20 feet; THENCE South 66 degrees 30 minutes 11 seconds East, 5.23 feet; THENCE South 40 degrees 39 minutes 46 seconds West, 123.56 feet to the POINT OF BEGINNING. Excepting therefrom those portions covered by the existing easement recorded in Plat Book 361, Page 310 of said public records. A 5 FEET WIDE TEMPORARY CONSTRUCTION EASEMENT (#2), COMMENCING at the Southernmost corner of said Lot 2 of “Barrett Station Grove”; THENCE along the Southwest line of said Lot 2, also being the Northeast line of Lot 3 of “Barrett Station Grove”, North 51 degrees 31 minutes 04 seconds West, 26.47 feet to the POINT OF BEGINNING; THENCE continuing along said Southwest line, North 51 degrees 31 minutes 04 seconds West, 5.00 feet; THENCE leaving said Southwest line, North 40 degrees 39 minutes 46 seconds East, 154.82 feet; THENCE South 66 degrees 30 minutes 11 seconds East, 2.10 feet to a point on the Northeast line of said Lot 2; THENCE along said Northeast line, South 00 degrees 17 minutes 56 seconds West, 16.32 feet; THENCE leaving said Northeast line, North 66 degrees 30 minutes 11 seconds West, 7.93 feet; THENCE South 40 degrees 39 minutes 46 seconds West, 140.48 feet to the POINT OF BEGINNING. Excepting therefrom those portions covered by the existing easement recorded in Plat Book 361, Page 310 of said public records. TEMPORARY CONSTRUCTION EASEMENTS 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 November 10, 2022.