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HomeMy Public PortalAbout02590 O R D I N A N C E NO. 2590 AN ORDINANCE, declaring the necessity for the acquisition of certain parcels of real property and easements within The Metropolitan St. Louis Sewer District, for the purpose of constructing levees and such appurtenant facilities therein as may be necessary for flood control purposes to serve the needs of residents of the area and authorizing the acquisition of such real property and easements by purchase or by the institution of condemnation proceedings. WHEREAS, there exists within The Metropolitan St. Louis Sewer District a certain drainage channel in the City of St. Louis, Missouri, known as the River des Peres, and whereas, numerous people live and work adjacent to or in the vicinity of the River des Peres; and WHEREAS, the flooding of the River des Peres flood plain does 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 constructing levees and by installing such other appurtenant facilities in, 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 unsanitary and dangerous conditions, it is necessary to appropriate and acquire by the exercise of eminent domain or otherwise certain parcels of real property and permanent easements for the purpose of constructing thereon levees, and such other appurtenant facilities as may be deemed necessary, as hereinafter set forth, said parcels of real property and permanent easements being more particularly described as follows: Part of Lots 10, 11 and 12 of KARLESKIND'S SUBDIVISION of Block 7 of Paynes Subdivision of Block 130 of the Carondelet Commons, South of River Des Peres, situated partly in BLOCK 3283 of the City of St. Louis and partly in the County of St. Louis, according to the plat thereof recorded in Plate Book 4, Pages 37 and 38 of the St. Louis County Records and described as: Beginning at a point in the Northeast line of Nellie Avenue and being the most Western corner of Lot 10; thence Northeastwardly on the Northwest line of Lot 10, a distance of 132.162 feet to its intersection with the West line of the Right-of-Way of the River des Peres Drainage Works as described in deed executed by Katherina Walz to the City of St. Louis and recorded in Book 5186, Page 248 of the St. Louis City Records; thence Southwardly along the West line of said Drainage Works, a distance of 159.691 feet to a point in the Northeast line of Nellie Avenue, 60 feet wide, distant 39.498 feet South of the most Western corner of said Lot 12; thence Northwestwardly along the Northeast line of Nellie Avenue, a distance of 89.498 feet, to the point of beginning, property now or formerly of Ross J. Oldham and 3 Gladys E. Oldham, his wife. Part of Lots 2, 3, 4 and 5 of HAMMEL'S SUBDIVISION of Block 6 of PAYNE'S SUBDIVISION of Lot 130 of CARONDELET COMMONS South of River des Peres, and in Block 3282 of the City of St. Louis, fronting 79.363 feet on the Northern line of an East and West alley in said City Block, by a depth Northwardly along the Western line of Lot 5 of 139.69 feet and along the Eastern line of 161.41 feet; bounded Eastwardly by the River des Peres Drainage Works, property now or formerly of Louise Baumann Schmitt. A Lot composed of part of BLOCKS 3256 and 3257 of the City of St. Louis, part of Minnesota Avenue and part of former River des Peres, described as beginning at the point of intersection of the West line of Minnesota Avenue with the South line of the River des Peres Drainage Works as established by Ordinance No. 32986; thence in a westerly direction along said South line to its intersection with the centerline of the former River des Peres; thence in an Easterly direction along said centerline to its intersection with the South line of the River des Peres Drainage Works as established as aforesaid; thence in a Westerly direction along the said South line to the point of beginning, property now or formerly of N. C. Cottrell. The Northeastern part of Lot 10 of KAYSER HEIGHTS and in BLOCK 3280 of the City of St. Louis, according to plat 4 thereof recorded in Plat Book 27, Page 45 of the St. Louis City Recorder's Office, being that part of said Lot 10 lying Northeastwardly of the centerline of the Road Easement 30 feet wide, as shown on plat of said Kayser Heights, EXCEPT any part of said Lot that may lie Northeastwardly of the original centerline of the River des Peres as shown on Plat of A. Kayser's Addition by Commissioners in Partition recorded in Book 548, Page 174 of the St. Louis City Recorder's Office, property now or formerly of Francis H. Schneider and LeAnn M. Schneider, his wife. A tract of land being in the Northwest part of Lot 13 of KAYSER HEIGHTS and in BLOCK 3280 of the City of St. Louis and described as follows: Beginning at the most Northerly corner of said Lot 13, said corner being in the Southwestern line of FANNIE AVENUE; thence South 54 degrees 21 minutes East, along the Southwestern line of Fannie Avenue, 40.88 feet to a point in the Southwestern line of River des Peres Drainage Channel Right-of-Way; thence Southeastwardly along said Right-of-Way line along a curve to the left having a radius of 713.69 feet, a distance of 52.19 feet to a point; thence South 38 degrees 04 minutes West, 66.66 feet to the centerline of a 30 foot road easement, being the Northeastern line of property conveyed to Joseph Katzendorn and wife by deed recorded in Book 7778, Page 281; thence North 51 degrees 56 minutes West, along the Northeastern line of said Katzendorn property, 121.10 feet to a point in the Northwestern line of said Lot 5 13; thence North 59 degrees 06 minutes East, along the northwestern line of said Lot 13, 81.45 feet to the point of beginning, according to a survey thereof executed by E. R. Kinsey & Sons, Surveyors on September 5, 1957, property now or formerly of Leonard Van Berkel and Laura Van Berkel, his wife. A permanent easement over property now or formerly of L & T Investment Corporation, which easement is more particularly described as: A parcel of ground being part of Lot "B" of a subdivision of Lots 12, 13 and 14 of PETER R. KENRICK'S SUBDIVISION, as per the plat thereof recorded in Survey Record Book 11, Page 29 of the St. Louis City Records, and in Block 3221 of the City of St. Louis, Missouri, said parcel being more particularly described as follows: Beginning at a point in the Southern line of Lot "B", as aforesaid, being Westwardly 58.346 feet from the Western line of Virginia Avenue, 60 feet wide, said point also being in the Northern line of a tract conveyed to Herbert C. Walser and wife, by deed recorded in Book 8153, Page 494 of the St. Louis City Records; thence Westwardly 63.364 feet along the Southern line of Lot "B" to the Northern line of the Right- of-Way of the River des Peres Drainage Works; thence Westwardly 32.38 feet along said Northern line of the River des Peres Drainage Works to the Southwestern corner of said 6 Lot "B" in the Eastern line of a tract conveyed to John R. Barnes and wife, by deed recorded in Book 8523, Page 167 of the St. Louis City Records; thence Northwardly 14.13 feet along said Eastern line to the Northwestern corner of Lot "B", as aforesaid, being the Southwestern corner of a tract conveyed to John R. Angelbeck and wife, by deed recorded in Book 8189, Page 169 of the St. Louis City Records; thence Eastwardly 56.359 feet along the Northern line of said Lot "B" to a point; thence Southeastwardly in a straight line 46.272 feet to the point of beginning and containing 1995.3 Square Feet or 0.046 Acres, more or less. According to a survey executed February 25, 1974 by James B. Becker Consulting Engineers. A permanent easement over property now or formerly of Milton A. Jonas and Cletis J. Leeds, which easement is more particularly described as: A parcel of ground being part of Lots 13 and 14 of KARLESKIND'S SUBDIVISION of Block 7 of Payne's Subdivision of Lot 130 of Carondelet Commons South of the River des Peres, together with part of Adelia Avenue vacated by Ordinance No. 53608 and in Block 3283 of the City of St. Louis, Missouri, said parcel being more particularly described as follows: Beginning at the point of Intersection of the Western line of the Right-of-Way for the River des Peres Drainage Works with the Northern line of a tract conveyed to William H. Brewer and 7 wife by deed recorded in Book 8334, Page 485, said line being also 60.02 feet North of and parallel with the Northern line of an alley; thence westwardly 62.211 feet along the Northern line of said Brewer property to a point; thence Northwardly 126.969 feet along a curve to the left having a radius of 1451.28 feet to a point in the Western line of Adelia Avenue vacated by Ordinance 53608; thence Northwardly 21.283 feet along the Western line of said vacated Adelia Avenue to its centerline; thence Eastwardly 44.998 feet along the centerline of said vacated Adelia Avenue to the Western line of the Right-of-Way for the River des Peres Drainage Works; thence Southwardly 154.216 feet along said Western line of the Right- of-Way for the River des Peres Drainage Works, along a curve to the right having a radius of 1497.28 feet, to the point of beginning and containing 6949.9 Square Feet or 0.160 Acres, more or less. According to a survey executed March 14, 1974 by James B. Becker Consulting Engineers. A permanent easement over property now or formerly of Jack T. and Marie Reid, which easement is more particularly described as: A parcel of ground being part of Lot 7 of KARLESKIND'S SUBDIVISION of Block 3 and 7 of PAYNE'S SUBDIVISION of Lot 130 of Carondelet Commons South of River des Peres, and in Block 3283 of the City of St. Louis, Missouri, said parcel being more particularly described as follows: 8 Beginning at a point in the Northeastern line of said Lot 7, being 19.725 feet Northwest of its Eastern most corner; thence Southeastwardly 19.725 feet along the Northeastern line of said Lot 7 to its Eastern most corner; thence Southwestwardly 24.844 feet along the Southeastern line of said Lot 7 to a point; thence Northwardly 31.723 feet along a curve to the left, having a radius of 1447.28 feet to the point of beginning and containing 243.2 Square Feet or 0.006 Acres, more or less. According to a survey executed March 11, 1974 by James B. Becker Consulting Engineers. Section Two. Counsel for The Metropolitan St. Louis Sewer District be and is hereby authorized to acquire by purchase, if possible, subject to approval of the Board of Trustees, or to institute and prosecute an action in condemnation, as authorized by law, if necessary, to appropriate and acquire the aforesaid private property. Section Three. The immediate construction of levees and appurtenant facilities 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. 9 The foregoing Ordinance was adopted May 22, 1974.