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HomeMy Public PortalAbout16221 Conway Road Sanitary Relief (Conway Ln to Dwyer Ave) (12130)O R D I N A N C E NO. 16221 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 Conway Road Sanitary Relief (Conway Ln to Dwyer Ave) (12130) in the City of Ladue, 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 Ladue, 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 Conway Road Sanitary Relief (Conway Ln to Dwyer Ave) (12130) hereinafter set forth, said easements being more particularly described below: PARCEL #1 A 10 foot wide permanent sewer easement across a tract of land being part of Lot 1 of Conway Acres, a subdivision according to the plat thereof recorded in Plat Book 55, Page 14 of the St. Louis County, Missouri Recorder’s Office, being more particularly described as follows: COMMENCING at the northeast corner of said Lot 1; THENCE along the eastern line of said Lot 1, South 02 degrees 19 minutes 39 seconds West a distance of 12.00 feet to the ACTUAL POINT OF BEGINNING of the centerline of said 10 foot wide permanent sewer easement; THENCE departing said eastern line of Lot 1, and proceeding along said centerline the following courses and distances, North 87 degrees 40 minutes 21 seconds West a distance of 174.05 feet to a point; THENCE North 42 degrees 41 minutes 04 seconds West a distance of 16.97 feet to the POINT OF ENDING of the centerline of said 10 foot wide permanent sewer easement, said point being on the northern line of the aforementioned Lot 1, said point also being distant along said northern line, North 87 degrees 40 minutes 21 seconds West a distance of 186.06 feet from the northeast corner of said Lot 1. Also, two temporary construction easements for the use during the construction, in the above described 10 foot wide permanent sewer easement, said temporary construction easements being more particularly as follows: TEMPORARY CONSTRUCTION EASEMENT NO. 1 (10 FOOT WIDE) COMMENCING at the northeast corner of said Lot 1; THENCE along the eastern line of said Lot 1, South 02 degrees 19 minutes 39 seconds West a distance of 17.00 feet to the ACTUAL POINT OF BEGINNING of the herein described Temporary Construction Easement No. 1; THENCE continuing along said eastern line of Lot 1, South 02 degrees 19 minutes 39 seconds West a distance of 10.00 feet to a point; THENCE departing said eastern line of Lot 1, North 87 degrees 40 minutes 21 seconds West, a distance of 180.26 feet to a point; THENCE North 42 degrees 41 minutes 04 seconds West, a distance of 38.19 feet to the northern line of said Lot 1; THENCE along said northern line of Lot 1, South 87 degrees 40 minutes 21 seconds East, a distance of 14.15 feet to a point; THENCE departing said northern line of Lot 1, South 42 degrees 41 minutes 04 seconds East, a distance of 24.05 feet to a point; THENCE South 87 degrees 40 minutes 21 seconds East, a distance of 176.12 feet to the POINT OF BEGINNING. Excepting therefrom that portion covered by the existing 20 foot wide Easement to MSD recorded by Deed in Book 10641 Page 1078 of the St. Louis County, Missouri Recorder’s Office. TEMPORARY CONSTRUCTION EASEMENT NO. 2 (7 FOOT WIDE) BEGINNING at the northeast corner of said Lot 1; THENCE along the eastern line of said Lot 1, South 02 degrees 19 minutes 39 seconds West a distance of 7.00 feet to a point; THENCE departing said eastern line of Lot 1, North 87 degrees 40 minutes 21 seconds West, a distance of 171.98 feet to a point; THENCE North 42 degrees 41 minutes 04 seconds West, a distance of 9.90 feet to the northern line of said Lot 1; THENCE along said northern line of Lot 1, South 87 degrees 40 minutes 21 seconds East, a distance of 178.98 feet to the POINT OF BEGINNING. PARCEL #4 A 10 foot wide permanent sewer easement across a tract of land being part of Lots 4 and 5 of Conway Acres, a subdivision according to the plat thereof recorded in Plat Book 55, Page 14 of the St. Louis County, Missouri Recorder’s Office, and being part of property conveyed to JEG Enterprises LLC according to the Deed Book 24804, Page 224 of the St. Louis County, Missouri Recorder’s Office, being more particularly described as follows: COMMENCING at the northwest corner of said property conveyed to JEG Enterprises LLC; THENCE along the western line of said property conveyed to JEG Enterprises LLC, South 02 degrees 19 minutes 39 seconds West a distance of 12.04 feet to the ACTUAL POINT OF BEGINNING of the centerline of said 10 foot wide permanent sewer easement; THENCE departing said western line of property conveyed to JEG Enterprises LLC, and proceeding along said centerline South 87 degrees 39 minutes 04 seconds East a distance of 80.68 feet to the POINT OF ENDING of the centerline of said 10 foot wide permanent sewer easement, said point being on the eastern line of the aforementioned property conveyed to JEG Enterprises LLC, said point also being distant along said eastern line, South 02 degrees 18 minutes 07 seconds West a distance of 12.07 feet from the northeast corner of said property conveyed to JEG Enterprises LLC. Also, two temporary construction easements for the use during the construction, in the above described 10 foot wide permanent sewer easement, said temporary construction easements being more particularly as follows: TEMPORARY CONSTRUCTION EASEMENT NO. 1 (10 FOOT WIDE) COMMENCING at the northwest corner of said property conveyed to JEG Enterprises LLC; THENCE along the western line of said property conveyed to JEG Enterprises LLC, South 02 degrees 19 minutes 39 seconds West a distance of 17.04 feet to the ACTUAL POINT OF BEGINNING of the herein described Temporary Construction Easement No. 1; THENCE departing said western line of property conveyed to JEG Enterprises LLC, South 87 degrees 39 minutes 04 seconds East a distance of 80.68 feet to the eastern line of the aforementioned property conveyed to JEG Enterprises LLC; THENCE along said eastern line of property conveyed to JEG Enterprises LLC, South 02 degrees 18 minutes 07 seconds West, a distance of 10.00 feet to a point; THENCE departing said eastern line of property conveyed to JEG Enterprises LLC, North 87 degrees 39 minutes 04 seconds West, a distance of 80.68 feet to said western line of said property conveyed to JEG Enterprises LLC; THENCE along said western line of said property conveyed to JEG Enterprises LLC, North 02 degrees 19 minutes 39 seconds East, a distance of 10.00 feet to the POINT OF BEGINNING. TEMPORARY CONSTRUCTION EASEMENT NO. 2 (VARYING WIDTH) BEGINNING at the northwest corner of said property conveyed to JEG Enterprises LLC; THENCE along the northern line of said property conveyed to JEG Enterprises LLC, South 87 degrees 40 minutes 21 seconds East a distance of 80.67 feet to the northeast corner of said property conveyed to JEG Enterprises LLC; THENCE along the eastern line of said property conveyed to JEG Enterprises LLC, South 02 degrees 18 minutes 07 seconds West, a distance of 7.07 feet to a point; THENCE departing said eastern line of property conveyed to JEG Enterprises LLC, North 87 degrees 39 minutes 04 seconds West, a distance of 80.67 feet to the eastern line of said property conveyed to JEG Enterprises LLC; THENCE along said eastern line of property conveyed to JEG Enterprises LLC, North 02 degrees 19 minutes 39 seconds East, a distance of 7.04ze feet to the POINT OF BEGINNING. 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 October 12, 2023.