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HomeMy Public PortalAbout16258 Hallstead Storm Channel Phase IV (MCBJ-230) (10067)O R D I N A N C E NO. 16258 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 Hallstead Storm Channel Phase IV (MCBJ-230) (10067) 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 Black Jack 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 Hallstead Storm Channel Phase IV (MCBJ-230) (10067) hereinafter set forth, said easements being more particularly described below: PARCEL #5 A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT across a tract of land being part of Lot 401 of Hathaway Manor No. 4 as recorded in Plat Book 73, Page 1 of the St. Louis County, Missouri Recorder’s Office, more particularly described as follows: A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT bounded on the west by the East line of a 7.00 foot wide easement to the Metropolitan Saint Louis Sewer District as described in the instrument recorded in Deed Book 12706, Page 711 of the St. Louis County, Missouri Recorder’s Office; bounded on the north by the South line of a 5.00 foot wide easement as shown on the plat of Hathaway Manor No. 4 as recorded in Plat Book 73, Page 1 of said Recorder’s Office; bounded on the east by the West right-of-way line Hallwood Drive, 50 feet wide; bounded on the south by the North right-of-way line of Hudson Drive, 50 feet wide; and bounded on the southeast by the 52.12’ radius rounding between said Hallwood and Hudson Drives. TEMPORARY CONSTRUCTION EASEMENT 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 December 14, 2023.