HomeMy Public PortalAbout10746 O R D I N A N C E NO. 10746
AN ORDINANCE, declaring the necessity for the acquisition of 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, and authorizing the
acquisition of such 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 County of St. Louis within the Lemay Wastewater
Treatment Service Area wherein live and work numerous people; and
WHEREAS, sanitary and storm 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 real property for the construction,
reconstruction, maintenance or repair of sanitary sewer lines and appurtenances
as hereinafter set forth, said real property being more particularly described as
follows:
Aileswood P.S. P-322 (Infrastructure Repair #195)
97046
Parcel #7
David P. Bieg and Donna J. Bieg, His Wife
31H-22-0101
A 10 foot wide permanent sewer easement across Lot 2 of EMERALD ACRES, a
subdivision, according to the plat thereof recorded in Plat Book 320, Page 24 of
the St. Louis County, Missouri, Recorder=s Office, the centerline of said 10 foot
wide permanent sewer easement being more particularly described as follows:
Commencing at the southernmost corner of said Lot 2; thence along the
southeastern line of said Lot 2, North 42 degrees 49 minutes 26 seconds East a
distance of 101.17 feet to a point; thence leaving said southeastern line, North 49
degrees 59 minutes 17 seconds West a distance of 10.01 feet to the ACTUAL
POINT OF BEGINNING of the centerline of said 10 foot wide permanent sewer
easement, said point of beginning being on the northwestern line of an existing 10
foot wide easement as indicated on said EMERALD ACRES; thence leaving said
northwestern line, North 49 degrees 59 minutes 17 seconds West a distance of
88.68 feet to a point; thence North 51 degrees 57 minutes 06 seconds West a
distance of 203.00 feet to a point; thence North 87 degrees 47 minutes 26 seconds
West a distance of 20.92 feet to the POINT OF ENDING of said 10 foot wide
permanent sewer easement, said point being on the southeastern line of a 20 foot
wide easement as indicated on said EMERALD ACRES, said point being distant
from the westernmost corner of said Lot 2, North 42 degrees 49 minutes 26
seconds East, along the northwestern line of said EMERALD ACRES, a distance of
48.89 feet and South 87 degrees 47 minutes 26 seconds East a distance of 26.35
feet.
Also, three (3) permanent working room easements for use during the
construction, reconstruction, maintenance, or repair of any sewer in the above
described 10 foot wide permanent sewer easement, said three (3) permanent
working room easements being more particularly described as follows:
PERMANENT WORKING ROOM EASEMENT NO. 1
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Commencing at the westernmost corner of said Lot 2; thence along the
northwestern line of said Lot 2, North 42 degrees 49 minutes 26 seconds East a
distance of 48.89 feet to a point; thence leaving said northwestern line, South 87
degrees 47 minutes 26 seconds East a distance of 26.35 feet to a point on the
southeastern line of the aforementioned 20 wide easement as indicated on said
EMERALD ACRES; thence along said southeastern line, North 42 degrees 49
minutes 26 seconds East a distance of 6.59 feet to the ACTUAL POINT OF
BEGINNING of said Permanent Working Room Easement No. 1; thence continuing
along the southeastern line of said 20 foot wide easement, North 42 degrees 49
minutes 26 seconds East a distance of 35.00 feet to a point; thence leaving said
southeastern line, South 29 degrees 07 minutes 43 seconds East a distance of
62.38 feet to a point on the northeastern line of the above described 10 foot wide
permanent sewer easement; thence along said northeastern line, North 51
degrees 57 minutes 06 seconds West a distance of 45.62 feet to a point; thence
continuing along said northeastern line, North 87 degrees 47 minutes 26 seconds
West a distance of 18.25 feet to the POINT OF BEGINNING.
PERMANENT WORKING ROOM EASEMENT NO. 2
Commencing at the southernmost corner of said Lot 2; thence along the
southeastern line of said Lot 2, North 42 degrees 49 minutes 26 seconds East a
distance of 101.17 feet to a point; thence leaving said southeastern line of Lot 2,
North 49 degrees 59 minutes 17 seconds West a distance of 10.01 feet to a point,
said point being on the northwestern line of a 10 foot wide easement as indicated
on said EMERALD ACRES; thence along said northwestern line of said easement,
South 42 degrees 49 minutes 26 seconds West a distance of 5.00 feet to the
ACTUAL POINT OF BEGINNING of said Permanent Working Room Easement No.
2; thence continuing along the northwestern line of said sewer easement, South
42 degrees 49 minutes 26 seconds West a distance of 15.02 feet to a point; thence
leaving said northwestern line, North 49 degrees 59 minutes 17 seconds West a
distance 87.36 feet to a point; thence North 51 degrees 57 minutes 06 seconds
West a distance of 151.84 feet to a point; thence North 38 degrees 02 minutes 54
seconds East a distance of 15.00 to a point on the southwestern line of the above
described 10 foot wide permanent sewer easement; thence along said
southwestern line, South 51 degrees 57 minutes 06 seconds East a distance of
158.10 feet to a point; thence continuing along said southwestern line, South 49
degrees 59 minutes 17 seconds East a distance of 88.35 feet to the POINT OF
BEGINNING.
PERMANENT WORKING ROOM EASEMENT NO. 3
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Commencing at the southernmost corner of said Lot 2; thence along the
southeastern line of said Lot 2, North 42 degrees 49 minutes 26 seconds East a
distance of 101.17 feet to a point; thence leaving said southeastern line, North 49
degrees 59 minutes 17 seconds West a distance of 10.01 feet to a point, said point
being on the aforementioned northwestern line of a 10 foot wide easement as
indicated on said EMERALD ACRES; thence along said northwestern line, North
42 degrees 49 minutes 26 seconds East a distance of 5.00 feet to the ACTUAL
POINT OF BEGINNING of said Permanent Working Room Easement No. 3; thence
leaving said 10 foot wide easement as indicated on said EMERALD ACRES and
along the northeastern line of the above described 10 wide permanent sewer
easement, North 49 degrees 59 minutes 17 seconds West a distance of 89.01 feet
to a point; thence continuing along said northeastern line, North 51 degrees 57
minutes 06 seconds West a distance of 159.08 to a point; thence leaving said
northeastern line of said 10 foot wide permanent sewer easement, South 59
degrees 34 minutes 47 seconds East a distance of 113.00 to a point; thence South
51 degrees 57 minutes 06 seconds East a distance of 47.34 feet to a point; thence
South 49 degrees 59 minutes 17 seconds East a distance of 90.01 feet to a point
on the aforementioned northwestern line of the 10 foot easement indicated on said
EMERALD ACRES; thence along said northwestern line, South 42 degrees 49
minutes 26 seconds West a distance of 15.02 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.
The foregoing Ordinance was adopted April 13, 2000 by the following vote –
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Ayes – C.L. Barnhart, M.G. Reichert, C.D. Seward, P.P. Finn, J.W. Siscel, and M.C.
Williams.
Nays – None.
Secretary-Treasurer