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HomeMy Public PortalAbout12079 O R D I N A N C E NO. 12079 AN ORDINANCE, declaring the necessity for the acquisition of easements and licenses in certain real property within The Metropolitan St. Louis Sewer District for the purpose of construction of sanitary sewers and related appurtenances in the project known as CC-10 Creve Coeur Creek Sanitary Relief Phase III (89129B) to serve the needs of residents of the area, and authorizing the acquisition of said easements and licenses by purchase or by the institution of condemnation proceedings. WHEREAS, there exists within The Metropolitan St. Louis Sewer District an area of the County of St. Louis 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 sanitary sewer lines 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 insanitary and dangerous conditions, it is necessary to appropriate and acquire by the exercise of eminent domain or otherwise easements and licenses in real property for the construction of sanitary sewers and related appurtenances in the project known as CC-10 Creve Coeur Creek Sanitary Relief Phase III (89129B) as hereinafter set forth, said easements and licenses being more particularly described as follows: CC-10 Creve Coeur Creek Sanitary Relief Phase III M.S.D. Project No. 89129 Parcel #8 16O-44-0809 Deed Book 3403, Page 238 A varied width PERMANENT SEWER EASEMENT being part of a tract of land conveyed to Union Electric Co. according to Deed Book 3403, Page 238 of the St. Louis County, Missouri Recorder’s Office, being more particularly described as follows: Beginning at the Northwest corner of the aforementioned Union Electric tract; THENCE along the North line of said Union Electric tract South 81 degrees 15 minutes 49 seconds East, a distance of 297.04 feet to a point on the Southwest line of an existing easement granted in Deed Book 6321, page 727; THENCE along said Southwest line, South 37 degrees 43 minutes 36 seconds East, a distance of 21.78 feet; THENCE leaving said Southwest line, South 06 degrees 42 minutes 04 seconds West, a distance of 4.03 feet; THENCE North 83 degrees 17 minutes 56 seconds West, a distance of 313.18 feet to a point on the West line of said Union Electric tract; THENCE along said West line, North 08 degrees 46 minutes 03 seconds East, a distance of 30.15 feet to the Point Of Beginning. Excepting that portion of the above described permanent sewer easement that lies in an existing 10 foot wide easement granted to Fee Fee Trunk Sewer by deed recorded in book 4796 page 634 of the St. Louis County Records. Also, a PERMANENT WORKING ROOM EASEMENT for use during the construction, reconstruction, maintenance or repair of any sewer in the above described permanent sewer easement, said permanent working room easement being more particularly described as follows: Commencing at the Northwest corner of the aforementioned Union Electric tract; THENCE along the West line of said Union Electric tract, South 08 degrees 46 minutes 03 seconds West, a distance of 30.15 feet to the Point Of Beginning; THENCE South 83 degrees 17 minutes 56 seconds East, a distance of 313.18 feet; THENCE South 06 degrees 42 minutes 04 seconds West, a distance of 25.00 feet; THENCE North 83 degrees 17 minutes 56 seconds West, a distance of 314.09 feet to a point on the West line of said Union Electric tract; THENCE along said West line of said Union Electric tract, North 08 degrees 46 minutes 03 seconds East, a distance of 25.02 feet to the Point Of Beginning. Excepting that portion of the above described permanent sewer easement that lies in an existing 10 foot wide easement granted to Fee Fee Trunk Sewer by deed recorded in book 4796 page 634 of the St. Louis County Records. CC-10 Creve Coeur Creek Sanitary Relief Phase III M.S.D. Project No. 89129 Parcel #5 16P-63-0056 Deed Book 3585, Page 46 A 10 foot wide PERMANENT SEWER EASEMENT being part of a tract of land conveyed to Union Electric Co. according to Deed Book 3585, Page 46 of the St. Louis County, Missouri Recorder’s Office, being more particularly described as follows: Commencing at the Northwest corner of the aforementioned Union Electric tract; THENCE along the West line of said Union Electric tract, South 08 degrees 42 minutes 22 seconds West, a distance of 72.48 feet to the Point of Beginning of said 10 foot wide Permanent Sewer Easement; THENCE leaving said West line of said Union Electric tract, South 53 degrees 03 minutes 49 seconds East a distance of 366.13 feet; THENCE South 58 degrees 49 minutes 11 seconds East a distance of 306.19 feet; THENCE South 74 degrees 41 minutes 34 seconds East a distance of 17.76 feet to a point on the East line of said Union Electric tract; THENCE along the East line of said Union Electric tract, South 08 degrees 42 minutes 22 seconds West a distance of 10.07 feet; THENCE leaving the East line of said Union Electric tract, North 74 degrees 41 minutes 34 seconds West a distance of 20.31 feet; THENCE North 58 degrees 49 minutes 11 seconds West a distance of 308.09 feet; THENCE North 53 degrees 03 minutes 49 seconds West a distance of 361.27 feet to a point on the West line of said Union Electric tract; THENCE along the West line of said Union Electric tract, North 08 degrees 42 minutes 22 seconds East a distance of 11.35 feet to the Point Of Beginning. Excepting that portion of the above described permanent sewer easement that lies in an existing 10 foot wide easement granted to Fee Fee Trunk Sewer by deed recorded in book 5215 page 165 of the St. Louis County Records. Also, five 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 EASEMENTS NO. 1, 2 & 3 Commencing at the Northwest corner of the aforementioned Union Electric tract; THENCE along the West line of said Union Electric tract, South 08 degrees 42 minutes 22 seconds West, a distance of 44.10 feet to the Point of Beginning; THENCE leaving the West line of said Union Electric tract, South 53 degrees 03 minutes 49 seconds East a distance of 378.30 feet; THENCE South 58 degrees 49 minutes 11 seconds East a distance of 301.45 feet; THENCE South 74 degrees 41 minutes 34 seconds East a distance of 11.38 feet to a point on the East line of said Union Electric tract; THENCE along the East line of said Union Electric tract, South 08 degrees 42 minutes 22 seconds West a distance of 25.17 feet; THENCE leaving the East line of said Union Electric tract, North 74 degrees 41 minutes 34 seconds West a distance of 17.76 feet; THENCE North 58 degrees 49 minutes 11 seconds West a distance of 306.19 feet; THENCE North 53 degrees 03 minutes 49 seconds West a distance of 366.13 feet to a point on the West line of said Union Electric tract; THENCE along the West line of said Union Electric tract, North 08 degrees 42 minutes 22 seconds East a distance of 28.38 feet to the Point of Beginning. Excepting that portion of the above described permanent working room easement that lies in an existing 10 foot wide easement granted to Fee Fee Trunk Sewer by deed recorded in book 5215 page 165 of the St. Louis County Records. PERMANENT WORKING ROOM EASEMENTS NO. 4 & 5 Commencing at the Northwest corner of the aforementioned Union Electric tract; THENCE along the West line of said Union Electric tract, South 08 degrees 42 minutes 22 seconds West, a distance of 83.83 feet to the Point of Beginning; THENCE leaving the West line of said Union Electric tract, South 53 degrees 03 minutes 49 seconds East a distance of 361.27 feet; THENCE South 58 degrees 49 minutes 11 seconds East a distance of 308.09 feet; THENCE South 74 degrees 41 minutes 34 seconds East a distance of 20.31 feet to a point on the East line of said Union Electric tract; THENCE along the East line of said Union Electric tract, South 08 degrees 42 minutes 22 seconds West a distance of 25.17 feet; THENCE leaving the East line of said Union Electric tract, North 74 degrees 41 minutes 34 seconds West a distance of 26.69 feet; THENCE North 58 degrees 49 minutes 11 seconds West a distance of 312.83 feet; THENCE North 53 degrees 03 minutes 49 seconds West a distance of 349.10 feet to a point on the West line of said Union Electric tract; THENCE along the West line of said Union Electric tract, North 08 degrees 42 minutes 22 seconds East a distance of 28.38 feet to the Point of Beginning. Excepting that portion of the above described permanent working room easement that lies in an existing 10 foot wide easement granted to Fee Fee Trunk Sewer by deed recorded in book 5215 page 165 of the St. Louis County Records. 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 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 September 8, 2005.