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HomeMy Public PortalAbout11207 O R D I N A N C E NO. 11207 AN ORDINANCE, declaring the necessity for the acquisition of easements in certain real property within The Metropolitan St. Louis Sewer District for the purpose of permitting construction, reconstruction, maintenance or repair of sanitary sewers and appurtenances to serve the needs of residents of the area in the project known as Mattese Creek Sanitary Relief Phase V Project #90024E, and authorizing the acquisition of such easements in real property by purchase or by the institution of condemnation proceedings. WHEREAS, there exists within The Metropolitan St. Louis Sewer District an area of the City of St. Louis County within the Meramec River Watershed wherein live and work numerous people; and WHEREAS, sanitary 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 the sanitary sewer lines and 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: 2 Section One. In order to protect the public health and relieve insanitary and dangerous conditions, it is necessary to appropriate and acquire by the exercise of eminent domain or otherwise the easements in real property for the construction, reconstruction, maintenance or repair of sanitary sewer lines and appurtenances as hereinafter set forth, said easements in real property being more particularly described as follows: Mattese Creek Sanitary Relief Phase V M.S.D. Project No. 90024E Parcel #28 (Steven A. and Carol Anne Gasich Property) 30K-31-0232 Deed Book 10471, Page 1231 A 10 foot wide permanent sanitary sewer easement across Lot 2 of Resubdivision of Lot 1 of Ringer Crossing, a subdivision according to the plat thereof recorded in Plat Book 334, Page 55 of the St. Louis County, Missouri Recorder’s Office, being more particularly described as follows: 10 FOOT WIDE PERMANENT SANITARY SEWER EASEMENT COMMENCING at the southeast corner of said Lot 2; thence along the southern line of said Lot 2, North 88 degrees 53 minutes 05 seconds West a distance of 267.75 feet to the ACTUAL POINT OF BEGINNING of the centerline of the aforementioned 10 foot wide permanent sanitary sewer easement; thence along said centerline, North 43 degrees 37 minutes 14 seconds West a distance of 28.15 feet to a point; thence North 42 degrees 34 minutes 40 seconds West a distance of 407.34 feet to a point of curvature of a curve to the right having a radius of 50.00 feet; thence along said curve to the right an arc distance of 57.84 feet to the point of tangency; thence North 23 degrees 42 minutes 22 seconds East a distance of 149.32 feet to a point of curvature of a curve to the left having a radius of 50.00 feet; thence along said curve to the left an arc distance of 16.54 feet to the point of tangency; thence North 04 degrees 45 minutes 04 seconds East a distance of 29.14 feet to the POINT OF ENDING of said centerline of 10 foot wide permanent sanitary sewer easement, said point of ending being on the 3 north line of the aforementioned Lot 2, said point also being distant, along said north line of Lot 2, South 88 degrees 42 minutes 38 seconds East a distance of 121.47 feet from the northwest corner of said Lot 2. Also, two permanent working room easements for the use during the construction, reconstruction, maintenance or repair of any sanitary sewer in the above described permanent sanitary sewer easement, said permanent working room easements being more particularly as follows: PERMANENT WORKING ROOM EASEMENT NO. 1 COMMENCING at the southeast corner of said Lot 2; thence along the southern line of said Lot 2, North 88 degrees 53 minutes 05 seconds West a distance of 225.52 feet to the ACTUAL POINT OF BEGINNING of the hereon described Permanent Working Room Easement No. 1; thence leaving said southern line of Lot 2, North 43 degrees 37 minutes 14 seconds West a distance of 57.61 feet to a point; thence North 42 degrees 34 minutes 40 seconds West a distance of 420.13 feet to a point; thence North 23 degrees 42 minutes 22 seconds East a distance of 175.73 feet to a point; thence North 04 degrees 45 minutes 04 seconds East a distance of 44.31 feet to a point on the northern line of said Lot 2; thence along said northern line of Lot 2, North 88 degrees 42 minutes 38 seconds West a distance of 25.05 feet to a point on the eastern line of the aforementioned 10 foot wide permanent sanitary sewer easement; thence leaving the northern line of said Lot 2, along the eastern line of said permanent sewer easement, South 04 degrees 45 minutes 04 seconds West a distance of 29.45 feet to a point of curvature of a curve to the right having a radius of 55.00 feet; thence along said curve to the right an arc distance of 18.20 feet to the point of tangency; thence South 23 degrees 42 minutes 22 seconds West a distance of 149.32 feet to a point of curvature of a curve to the left having a radius of 45.00 feet; thence along said curve to the left an arc distance of 52.06 feet to the point of tangency; South 42 degrees 34 minutes 40 seconds East a distance of 407.29 feet to a point; thence South 43 degrees 37 minutes 14 seconds East a distance of 33.06 feet to a point on the southern line of said Lot 2; thence leaving the eastern line of said permanent sewer easement, along the said southern line of Lot 2, South 88 degrees 53 minutes 05 seconds East a distance of 35.19 feet to the POINT OF BEGINNING. PERMANENT WORKING ROOM EASEMENT NO. 2 COMMENCING at the southeast corner of said Lot 2; thence along the southern line of said Lot 2, North 88 degrees 53 minutes 05 seconds West a distance of 274.79 feet to the ACTUAL POINT OF BEGINNING of the hereon described Permanent Working Room Easement No. 2, said point of beginning being on the western line of the aforementioned 10 foot wide permanent sanitary sewer 4 easement; thence continuing along said southern line of Lot 2, North 88 degrees 53 minutes 05 seconds West a distance of 68.58 feet to a point on the eastern line of an existing 10 foot wide easement as recorded in Deed Book 6425, Page 1194 of the St. Louis County Records; thence leaving the southern line of said Lot 2, along the eastern line of said existing easement, North 38 degrees 26 minutes 52 seconds West a distance of 445.62 feet to a point; thence continuing along the eastern line of said existing easement, North 23 degrees 23 minutes 05 seconds East a distance of 224.55 feet to a point on the northern line of said Lot 2, thence leaving the eastern line of said existing easement, along the said northern line of Lot 2, South 88 degrees 42 minutes 38 seconds East a distance of 21.06 feet to a point on the western line of the aforementioned 10 foot wide permanent sanitary sewer easement, thence leaving the northern line of said Lot 2, along the western line of said permanent easement, South 04 degrees 45 minutes 04 seconds West a distance of 28.84 feet to a point of curvature of a curve to the right having a radius of 45.00 feet; thence along said curve to the right an arc distance of 14.89 feet to the point of tangency; thence South 23 degrees 42 minutes 22 seconds West a distance of 149.32 feet to a point of curvature of a curve to the left having a radius of 55.00 feet; thence along said curve to the left an arc distance of 63.62 feet to the point of tangency; thence South 42 degrees 34 minutes 40 seconds East a distance of 407.38 feet to a point; thence South 43 degrees 37 minutes 14 seconds East a distance of 23.25 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 if possible, or to institute and prosecute an action in condemnation pursuant to the provisions of the Plan of The Metropolitan St. Louis Sewer District and the laws of the State of Missouri for the appropriation of private property as hereinabove set out. 5 The Foregoing Ordinance was adopted April 11, 2002 by the following vote – Ayes – T.W. Purcell, M.G. Reichert, A.J. Soukenik, C.D. Seward, and M.C. Williams. Nays – None. Secretary-Treasurer