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HomeMy Public PortalAbout00643 O R D I N A N C E NO. 643 AN ORDINANCE declaring the necessity for the acquisi- tion of easements within certain existing property within The Metropolitan St. Louis Sewer District, for the purpose of permitting construction of sewers therein to serve the needs of residents on adjacent lands and authorizing the institution of condemnation proceedings in connection therewith, with an emergency clause. WHEREAS, there exists within The Metropolitan St. Louis Sewer District an area in the Gravois Creek Trunk Sub- district of The Metropolitan St. Louis Sewer District in which there work and live numerous people; and WHEREAS, sanitary sewage gathered from such area will have no alternative means of disposition to crossing said property 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 Metro- politan St. Louis Sewer District to protect the public health by relieving and alleviating 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 the aforesaid insanitary and dangerous conditions, it is necessary to appropriate and acquire by the exercise of eminent domain or otherwise, easements for the use of sewers as 2 hereinafter set forth, together with such working space adjacent to the right-of-way as obtained as may be required for working room during the construction period, and the right of ingress and egress over the premises sought to be condemned for the access to such easements: An easement twenty (20) feet wide and two easements, each ten (10) feet wide, across property which is now or formerly of Jacob L. Cantor, and which property is described as follows: A tract of land in U. S. Surveys 2994 and 2995, Township 44 North, Range 6 East, in St. Louis County, Missouri, containing 198.82 acres according to survey by Elbring Surveying Company; bounded North by North line of U. S. Survey 2995, West by the center line of Tesson Ferry Road, South by center line of Green Park Road and land now or formerly owned by Crecelius, East by land now or formerly owned by Andrew J. Shores and J. W. Morrisson according to plat attached to deed to Jacob Stocke, dated April 3, 1890 and recorded in Book 46 Page 386 of the St. Louis County Recorder's Office, EXCEPTING THEREFROM, the right of way of the Kirkwood and Carondelet Railroad and Tesson Ferry Road, 60 feet wide, over the Northwestern corner of said property as established by St. Louis County Court November 7, 1932. The centerline of the aforesaid twenty (20) foot wide easement is described as follows: Beginning at a point on the easterly line of Old Tesson Ferry Road, 40 feet wide, 287.05 feet southerly of the southerly 3 line of the Missouri Pacific Railroad right-of-way 100 feet wide; thence southeastwardly at an angle to the left of 80o 00' a distance of 519.03 feet to a point of intersection, (further identified as point "A") of the centerline of a 10 foot easement, and continuing on the same course an additional 290.45 feet to a point of tangency with a curve to the left; thence along said curve to the left with a radius of 200 feet an arc distance of 56.72 feet to a point of tangency with a straight line; thence along said straight line a distance of 1503.34 feet to a point of intersection, (further identified as point "B"), with the center- line of a 10 foot easement, and continuing on the same course an additional 526.79 feet to a point of tangency with a curve to the left; thence on a curve to the left with a radius of 300 feet an arc distance of 227 feet more or less to a point of intersection with the easterly line of said Cantor property, said point being 373.33 feet southwardly from the southerly line of the Missouri Pacific Railroad right-of-way 100 feet wide. The centerline of a ten (10) foot wide easement is described as follows: Beginning at point "A" previously identified; thence southwestwardly at an angle of 90o to the previously described centerline of a 20 foot easement, a distance of 452 feet to a point; thence on an angle to the right of 131o a distance of 451 feet more or less to the southerly line of Old Tesson Ferry Road 40 feet wide and being also a northerly line of the Cantor 4 property. The centerline of a ten (10) foot wide easement is described as follows: Beginning at point "B" previously identified; thence southwestwardly at an angle to the right of 90o 32' from the aforesaid centerline, a distance of 221 feet to a point; thence at an angle to the left of 01o 19', a distance of 308 feet to a point; thence at an angle to the left 0o 11' a distance of 234 feet to a point; thence on an angle to the left 07o 41' a distance of 160 feet to a point; thence on an angle to the right of 13o 39' a distance of 365 feet to a point; thence on an angle to the left of 11o 38' a distance of 393 feet to a point; thence at an angle to the right of 36o 30' a distance of 13 feet more or less to the northerly line of Green Park Road 40 feet wide and being also a southerly line of the Cantor property. Two easements each twenty (20) feet wide across pro- perty now or formerly of Joseph Heutel and Lillian Heutel, his wife, and which property is described as follows: A tract of land in U. S. Surveys 2994 and 2995, Township 44 North, Range 6 East containing 81.56 acres more or less, bounded North by the Northern lines of U. S. Surveys 2994 and 2995 and a triangular tract of 2.06 acres now or formerly of Martin Rott, East by the Eastern line of U. S. Survey 2994 and the centerline of Tesson Ferry Road, South by Right-of-Way of Missouri Pacific Railway Company, centerline of Gravois Creek and property 5 now or formerly of O. J. and J.W. Crecelius and West by the Western line of U. S. Survey 2994 and said 2.06 acre tract now or formerly of said Martin Rott and being part of 126.23 acres described in deed to Adolph Bollin recorded in Book 136 Page 232, being all of said 126.23 acre tract except parts conveyed to Lobbig by deed recorded in Book 205 Page 540, Poyman by deed recorded in Book 211 Page 188, Raleigh Investment Company by deed recorded in Book 214 Page 11 and that part conveyed to the County of St. Louis by deed recorded in Book 1246 Page 222 of the St. Louis County Records, also excepting therefrom the Right-of-Way over that part of Tesson Ferry Road as embraced therein. The centerline of one of aforesaid easements is described as follows: Beginning at a point on the northwesterly line of U. S. Survey 2994, 661.21 feet southwesterly from its intersection with the centerline of the Missouri Pacific Railroad right-of-way 100 feet wide; thence southeastwardly at an angle to the left of 64o 32' 45" a distance of 1052.53 feet to a point; thence at an angle to the right of 05o 00', a distance of 780.12 feet to a point; thence at an angle to the left of 7o 00' 30", a distance of 182 feet to a point of intersection (further identified as point "A"), with a 20 foot easement, and continuing on the same course an additional 511 feet more or less to the northwesterly line of New Tesson Ferry Road and being also the southeasterly line of the Heutel property. 6 An easement 20 feet in width, the centerline of which is described as follows: Beginning at point "A" previously identified; thence westwardly at an angle to the left of 60o to the previously described centerline of a 20 foot wide easement, a distance of 113 feet more or less to the westerly property line of Heutel, being also the easterly line of Lot 12, Music Tesson Subdivision. Section Two. Counsel for The Metropolitan St. Louis Sewer District be and is hereby authorized 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 hereinbefore set out. Section Three. The immediate construction of sewers being necessary in order to protect the public health within the District constitutes an emergency within the meaning of the Plan of The Metropolitan St. Louis Sewer District and this Ordinance shall take effect immediately upon its adoption. 7 The foregoing Ordinance was adopted October 19, 1961.