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HomeMy Public PortalAbout01533 O R D I N A N C E NO. 1533 AN ORDINANCE declaring the necessity for the acquisition 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 of adjacent lands and authorizing the institution of condemnation proceedings in connection therewith. WHEREAS, there exists within The Metropolitan St. Louis Sewer District an area in St. Louis County, Missouri, near Sappington Barracks Road and Buckley Road, known as Subdistrict No. 263 (Buckley and Sappington Barracks) 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 the 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 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 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 easement: An easement ten (10) feet wide over the northwest ten (10) feet of property now or formerly of John Chorvat, Jr. and Alice Beth Chorvat, his wife, which property is more particularly described as follows: Part of Lot 106 of CARONDELET COMMONS South of River Des Peres, St. Louis County, Missouri, and described as: Beginning at a point in the Northeast line of tract conveyed to John D. Niemeier by deed recorded in Book 133 page 536, distant North 54 degrees 13-1/2 minutes West 1107.60 feet from its intersection with the West line of Buckley Road 40 feet wide, thence along said Northeast line South 54 degrees 13-1/2 minutes East 106.65 feet to a point, thence North 38 degrees 30 minutes East 408.94 feet to point in the Southwest line of a road 50 feet wide as shown on survey of above and other property made by Rapp and Rapp, Surveyors during October, 1938, and referred to as Poplar Road or Drive in various deeds of record, thence along said road line North 54 degrees 13-1/2 minutes West 106.65 feet to a point, thence South 38 degrees 30 minutes West 408.94 feet to the point of beginning and containing 1 acre. An easement ten (10) feet wide over the northwest ten (10) feet of property now or formerly of Glenn Storm and -2- Margaret Mary Storm, his wife, which property is more particularly described as follows: Part of Lot 106 of the CARONDELET COMMONS South of the River Des Peres, St. Louis County, Missouri, and more particularly described as follows: to wit: Beginning at a point in the Northeast line of a road 50 feet wide shown on a survey made by Rapp & Rapp, Surveyors, during October, 1938, at the most Southern corner of property conveyed to Dorothy R. Osiecki and husband, by deed filed for record December 1, 1941, Daily No. 41 of the St. Louis County records; thence North 38 degrees 30 minutes East along the Southeast line of said property conveyed to Dorothy R. Osiecki and the Southeast line of property conveyed to Agnes A. DeMay and husband, by deed filed for record December 1, 1941, Daily #40, 407.62 feet to a point distant 9.77 feet from the Northeast line of Lot 106; thence South 54 degrees 05 minutes East 106.64 feet to a point; thence South 38 degrees 30 minutes West 407.36 feet to a point in the Northeast line of said road, 50 feet wide; thence North 54 degrees 13-1/2 minutes West 106.65 feet to the place of beginning, containing 0.996 acres, according to a survey made by Rapp & Rapp, Surveyors, during October, 1938. Easements of varying widths over property now or formerly of Irene Bickerton, wife of Oliver W. Hoffman, which property is more particularly described as follows: Part of Lots 106 and 115 of the CARONDELET COMMONS South of River Des Peres in Township 44 North, Range 6 East, -3- St. Louis County, Missouri, and more particularly described as follows, to-wit: Beginning at an old stone corner to Lots 106, 107, 114, and 115 of said Commons, thence North 54 degrees 13 minutes West 18.30 and 1/8 chains to an old stone at the most Western corner of said Lot 106, thence North 38 degrees 30 minutes East 4.725 chains to a stone in the boundary line of said Lot 106, thence South 54 degrees 11 minutes East 24.828 chains to a stone in the West line of Buckley Road, thence with said line South 9 degrees 20 minutes West 1.833 chains to a stone at the intersection of said line with the North line of the Sappington Barracks Road, thence along said last mentioned line South 71 degrees 27 minutes west 3.841 chains to a stone in the boundary line between Lots 114 and 115 of said Carondelet Common, thence North 53 degrees 38 minutes West 5.33 chains to the beginning continuing 11.75 acres according to a survey made by Wm. Elbring County Surveyor recorded in Book 7 page 32 of County Surveyors Office. The easements over aforesaid property of Bickerton are described as follows: 1. An easement ten (10) feet wide over the northwestern 1030.25 feet of the northeastern ten (10) feet of said property. 2. An easement five (5) feet wide over the northwest five (5) feet of said property. 3. An easement ten (10) feet wide, the centerline of which is described as beginning at the intersection of the -4- centerline of Arthel Place and the southwest line of said Bickerton property; thence northeastwardly, in a straight line, to its intersection with the northeast line of said Bickerton property at a point 538.25 feet southeast of the southeast line of Berview Lane (originally 20.46 feet wide), measured along said northeast line of Bickerton. 4. An easement ten (10) feet wide, the centerline of which is described as beginning at a point on the southwest line of Bickerton, which is also the northwest line of Lot 9 of Lindbergh Terrace, a subdivision of St. Louis County, Mo., said point of beginning being five (5) feet southeast of the north corner of said Lot 9, measured along the said northeast line of said Lot 9, thence northeastwardly, in a straight line, to its intersection with the northeast line of said Bickerton property at a point 1025.25 feet southeast of the aforesaid southeast line of Berview Lane, measured along the northeast line of said property. 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. The foregoing Ordinance was adopted September 14, 1966. -5-