HomeMy Public PortalAbout11242 O R D I N A N C E NO. 11242
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 CC-10 Creve Coeur Creek Sanitary Relief Phase II
(89129A), 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 St. Louis County within the Creve Coeur Creek 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:
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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 in the project known as CC-10 Creve Coeur Sanitary relief Phase II
(89129A) as hereinafter set forth, said easements in real property being more
particularly described as follows:
CC-10 CREVE COEUR CREEK
SANITARY RELIEF PHASE II
89129A
Parcel #3
One (1) permanent sewer easement across a tract of land being part of Lots Two
(2) and Three (3) of the Subdivision of United States Survey 1929, including part
of Old Fee Fee Road, vacated by instrument recorded in Book 1101 page 305, in
Township 46 North – Range 5 East, St. Louis County, Missouri, said permanent
sewer easement being more particularly described as follows:
PERMANENT SEWER EASEMENT
Commencing at the intersection of the Northwest line of Fee Fee Road (Relocation),
varying width, and the North line of property described in deed to Union Electric
Company recorded in Book 3403 page 233 of the St. Louis County Records (being
the former North line of the Chicago, Rock Island and Pacific Railroad Company);
thence Northeastwardly along said Northwest line of Fee Fee Road (Relocation),
North 68 degrees 50 minutes 42 seconds East 53.11 feet to the ACTUAL POINT OF
BEGINNING of said permanent sewer easement; thence North 29 degrees 17
minutes 10 seconds East 8.36 feet to a point; thence North 55 degrees 39 minutes
05 seconds West 338.38 feet to a point; thence North 65 degrees 16 minutes 18
seconds West 407.68 feet to a point; thence North 13 degrees 38 minutes 13
seconds East 10.31 feet to a point; thence South 65 degrees 16 minutes 18
seconds East 405.22 feet to a point; thence North 26 degrees 15 minutes 17
seconds East 54.69 feet to a point in the South line of property of the St. Louis
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City Water Division; thence Eastwardly along said South line, South 61 degrees 45
minutes 43 seconds East 10.01 feet to a point; thence South 26 degrees 15
minutes 17 seconds West 54.87 feet to a point; thence South 55 degrees 39
minutes 05 seconds East 339.70 feet to a point; thence South 40 degrees 29
minutes 48 seconds East 7.07 feet to a point in the aforesaid Northwest line of Fee
Fee Road (Relocation), varying width; thence Southwestwardly along said
Northwest line, South 68 degrees 50 minutes 42 seconds West 20.00 feet to the
ACTUAL POINT OF BEGINNING, according to calculations by Volz, Inc. on April 4,
2002.
Also three (3) permanent working room easements for use during the
construction, reconstruction, maintenance, or repair of any sewer in the above
described permanent sewer easement, said permanent working room easements
being more particularly described as follows:
PERMANENT WORKING ROOM EASEMENT NO. 1
Commencing at the intersection of the Northwest line of Fee Fee Road (Relocation),
varying width, and the North line of property described in deed to Union Electric
Company recorded in Book 3403 page 233 of the St. Louis County Records (being
the former North line of the Chicago, Rock Island and Pacific Railroad Company);
thence Northeastwardly along said Northwest line of Fee Fee Road (Relocation),
North 68 degrees 50 minutes 42 seconds East 73.11 feet to the ACTUAL POINT OF
BEGINNING of said permanent working room easement; thence North 40 degrees
29 minutes 48 seconds West 7.07 feet to a point; thence North 55 degrees 39
minutes 05 seconds West 339.70 feet to a point; thence North 26 degrees 15
minutes 17 seconds East 54.87 feet to a point in the South line of property of the
St. Louis City Water Division; thence Eastwardly along said South line, South 61
degrees 45 minutes 43 seconds East 30.02 feet to a point; thence South 26
degrees 15 minutes 17 seconds West 12.65 feet to a point; thence South 55
degrees 39 minutes 05 seconds East 354.81 feet to a point in the aforesaid
Northwest line of Fee Fee Road (Relocation), varying width; thence
Southwestwardly along said Northwest line, South 68 degrees 50 minutes 42
seconds West 56.84 feet to the ACTUAL POINT OF BEGINNING, according to
calculations by Volz, Inc. on April 4, 2002.
PERMANENT WORKING ROOM EASEMENT NO. 2
Commencing at the intersection of the Northwest line of Fee Fee Road (Relocation),
varying width, and the North line of property described in deed to Union Electric
Company recorded in Book 3403, page 233 of the St. Louis County Records (being
the former North line of the Chicago, Rock Island and Pacific Railroad Company);
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thence Northeastwardly along said Northwest line of Fee Fee Road (Relocation),
North 68 degrees 50 minutes 42 seconds East 167.07 feet and along a curve to the
left, whose radius point bears North 21 degrees 09 minutes 18 seconds West
1952.00 feet from the last mentioned point, a distance of 29.11 feet to a point in
the South line of property of the St. Louis City Water Division; thence Westwardly
along said South line, North 61 degrees 45 minutes 43 seconds West 436.19 feet
to the ACTUAL POINT OF BEGINNING of said permanent working room easement;
thence South 26 degrees 15 minutes 17 seconds West 54.69 feet to a point;
thence North 65 degrees 16 minutes 18 seconds West 405.22 feet to a point;
thence North 24 degrees 43 minutes 42 seconds East 45.00 feet to a point; thence
South 65 degrees 16 minutes 18 seconds East 376.41 feet to a point; thence North
26 degrees 15 minutes 17 seconds East 11.51 feet to a point in the aforesaid
South line of property of the St. Louis City Water Division; thence Eastwardly
along said South line, South 61 degrees 45 minutes 43 seconds East 30.02 feet to
the ACTUAL POINT OF BEGINNING, according to calculations by Volz, Inc. on
April 4, 2002.
PERMANENT WORKING ROOM EASEMENT NO. 3
Commencing at the intersection of the Northwest line of Fee Fee Road (Relocation),
varying width, and the North line of property described in deed to Union Electric
Company recorded in Book 3403, page 233 of the St. Louis County Records (being
the former North line of the Chicago, Rock Island and Pacific Railroad Company);
thence Northeastwardly along said Northwest line of Fee Fee Road (Relocation),
North 68 degrees 50 minutes 42 seconds East 45.02 feet to the ACTUAL POINT OF
BEGINNING of said permanent working room easement; thence North 55 degrees
39 minutes 05 seconds West 333.27 feet to a point; thence North 65 degrees 16
minutes 18 seconds West 406.42 feet to a point; thence North 24 degrees 43
minutes 42 seconds East 15.00 feet to a point; thence South 65 degrees 16
minutes 18 seconds East 407.68 feet to a point; thence South 55 degrees 39
minutes 05 seconds East 338.38 feet to a point; thence South 29 degrees 17
minutes 10 seconds West 8.36 feet to a point in the aforesaid Northwest line of
Fee Fee Road (Relocation), varying width; thence Southwestwardly along said
Northwest line, South 68 degrees 50 minutes 42 seconds West 8.10 feet to the
ACTUAL POINT OF BEGINNING, according to calculations by Volz, Inc. on April 4,
2002.
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
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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 rights as
hereinabove set out.
The Foregoing Ordinance was adopted June 26, 2002 by the following vote –
Ayes – T.W. Purcell, M.G. Reichert, A.J. Soukenik, C.D. Seward, J.W. Siscel, and
M.C. Williams.
Nays – None.
Secretary-Treasurer