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HomeMy Public PortalAbout03310 O R D I N A N C E NO. 3310 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 the area and authorizing the acquisition of such easements by purchase or by the institution of condemnation proceedings, with an emergency clause. WHEREAS, there exists within The Metropolitan St. Louis Sewer District an area of St. Louis County, Missouri known as the Berry Hills Sanitary Interceptor of The Metropolitan St. Louis Sewer District wherein there live and work 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 Metropolitan St. Louis Sewer District to protect the public health by constructing sanitary sewers 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 2 otherwise, easements for the use of a sewer line as hereinafter set forth, together with temporary easements adjacent to the right-of-way as obtained for working room during the construction period, and the right of ingress and egress over the premises ought to be condemned for access to such easements, said permanent and temporary easements being more particularly described as follows: A permanent easement 10' wide over property now or formerly of Churchill R. Carter, which easement is more particularly described as follows: A strip of land 10' wide in part of Lot 4 of Second Subdivision of Bridgeton Commons, Townships 46 and 47 North, Range 5 East, St. Louis County, Missouri, traversing that property conveyed to Churchill R. Carter by deed recorded in Book 6706, page 546, St. Louis County, Missouri Recorder's Office, the centerline of which 10' strip of land is described as follows: Beginning at a point along the west line of said Carter property, 478.50' southwest of the northwest corner thereof, thence northeasterly along a line at a deflection angle of 98Ε- 20' to the left a distance of 69.04', thence southeasterly along a line at a deflection angle of 91Ε to the right a distance of 300.0', thence southeasterly along a line at a deflection angle of 1Ε to the left a distance of 500.0', then southeasterly along a line at a deflection angle of 20Ε to the right a distance of 404.5', thence 3 southwesterly along a line at a deflection angle of 78Ε - 20' to the right a distance of 97.27' to the terminus at a point along the west line of said Carter property; said 10' wide strip of land being bounded by the property lines of said Carter property. Temporary easements during original construction of sewer facilities, after which all rights of the condemnor shall cease, which temporary easements are described as strips of land 20' in width on each side of, and immediately adjacent to, the hereinabove described 10' wide permanent easement; said 20' wide temporary easements being bounded by the property lines of said Carter property. _____________________________________ A permanent easement 10' wide over property now or formerly of Churchill R. Carter, which easement is more particularly described as follows: A strip of land 10' wide in part of N.S. Survey 2039 - part of Lot 4 of Joseph Garrett Estate, Township 47 North, Range 5 East, St. Louis County, Missouri, traversing that property conveyed to Churchill R. Carter by deed recorded in Book 2689, page 407, St. Louis County, Missouri Recorder's Office, the centerline of which 10' strip of land is described as follows: Beginning at a point along the north line of said Carter property, 233.60' northeast of the northwest corner thereof, thence southeasterly along a line at a deflection angle of 64Ε - 4 42'- 30" to the right a distance of 337.01', thence southeasterly along a line at a deflection angle of 6Ε to the right a distance of 215.0' to a point hereinafter described as point A, thence easterly along a line at a deflection angle of 40Ε to the left a distance of 400.0', thence easterly along a line at a deflection angle of 6Ε to the left a distance of 400.0', thence easterly along a line at a deflection angle of 12Ε to the right a distance of 90.0', thence southeasterly along a line at a deflection angle of 33Ε to the right a distance of 400.0', thence southeasterly along a line at a deflection angle of 13Ε to the right for a distance of 25.91' to the terminus at a point along the south line of said Carter property; and beginning at point A as hereinbefore described, thence southwesterly along a line at a deflection angle of 65Ε -26'- 30" to the right for a distance of 341.00' to the terminus at a point along the west line of said Carter property; said 10' wide strip of land being bounded by the property lines of said Carter property. Temporary easements during original construction of sewer facilities, after which all rights of the condemnor shall cease, which temporary easements are described as strips of land 20' in width on each side of, and immediately adjacent to, the hereinabove described 10' wide permanent easement; said 20' wide temporary easements being bounded by the property lines of said Carter property. _____________________________________ 5 A permanent easement 10' wide over property now or formerly of Churchill R. Carter, which easement is more particularly described as follows: A strip of land 10' wide in part of Lots 2 and 3 of Joseph Garrett Estate, Township 47 North, Range 5 East, St. Louis County, Missouri, traversing that property conveyed to Churchill R. Carter by deed recorded in Book 2689, page 407, St. Louis County, Missouri Recorder's Office, the centerline of which 10' strip of land is described as follows: Beginning at a point along the north line of said Carter property, 70.48' northeast of the northwest corner thereof, thence southeasterly along a line at a deflection angle of 61Ε - 50' - 15" to the right a distance of 37.44', thence southeasterly along a line at a deflection angle of 18Ε - 01' - 15" to the right a distance of 188.35' to the terminus at a point along the south line of said Carter property; said 10' wide strip of land being bounded by the property lines of said Carter property. Temporary easements during original construction of sewer facilities, after which all rights of the condemnor shall cease, which temporary easements are described as strips of land 20' in width on each side of, and immediately adjacent to, the hereinabove described 10' wide permanent easement; said 20' wide temporary easements being bounded by the property lines of said 6 Carter property. _____________________________________ A permanent easement 10' wide over property now or formerly of Betty L. James, which easement is more particularly described as follows: A strip of land 10' wide in part of Lots 2 and 3 of Joseph Garrett Estate, Township 47 North, Range 5 East, St. Louis County, Missouri, traversing that property conveyed to Betty L. James by deed recorded in Book 4731, page 390, St. Louis County, Missouri Recorder's Office, the centerline of which 10' strip of land is described as follows: Beginning at a point along the south line of said James property, 70.48' northeast of the southwest corner thereof, thence northwesterly along a line at a deflection angle of 118Ε - 09' - 45" to the left a distance of 143.41' to the terminus at a point along the west line of said James property; said 10' wide strip of land being bounded by the property lines of said James property. Temporary easements during original construction of sewer facilities, after which all rights of the condemnor shall cease, which temporary easements are described as strips of land 20' in width on each side of, and immediately adjacent to, the hereinabove described 10' wide permanent easement; said 20' wide temporary easements being bounded by the property lines of said James property. 7 _____________________________________ A permanent easement 10' wide over property now or formerly of Harold V. and Mary A. Godar, which easement is more particularly described as follows: A strip of land 10' wide in part of Lot 7 of Auguste Chouteau Estate Subdivision, Township 47 North, Range 5 East, St. Louis County, Missouri, traversing that property conveyed to Harold V. and Mary A. Godar by deed recorded in Book 6403, page 995, St. Louis County, Missouri Recorder's Office, the centerline of which 10' strip of land is described as follows: Beginning at a point along the north line of said Godar property, 83.76' southwest of the northeast corner thereof, thence southeasterly along a line at a deflection angle of 79Ε - 28' - 40" to the left a distance of 142.26' to the terminus at a point hereinafter described as point A on the west line of said Godar property; and beginning at a point along the west line of said Godar property 190.05' southeast of point A as hereinbefore described, thence southeasterly along a line at a deflection angle of 19Ε - 44' to the left a distance of 150.94' to the terminus at a point along the east line of said Godar property; said 10' wide strip of land being bounded by the property lines of said Godar property. Temporary easements during original construction of sewer facilities, after which all rights of the condemnor shall cease, which temporary easements are described as strips of land 8 20' in width on each side of, and immediately adjacent to, the hereinabove described 10' wide permanent easement; said 20' wide temporary easements being bounded by the property lines of said Godar property. _____________________________________ A permanent easement 10' wide over property now or formerly of Edsel D. and Mary L. Hubbard, which easement is more particularly described as follows: A strip of land 10' wide in Lot 1 of Craigwell Acres, Township 47 North, Range 5 East, St. Louis County, Missouri, traversing that property conveyed to Edsel D. and Mary L. Hubbard by deed recorded in Book 6475, page 2231, St. Louis County, Missouri Recorder's Office, the centerline of which 10' strip of land is described as follows: Beginning at a point along the east line of said Hubbard property, 141.32' southeast of the northeast corner thereof, thence southeasterly along a line at a deflection angle of 18Ε - 45' - 50" to the right a distance of 103.09', thence southeasterly along a line at a deflection angle of 38Ε - 29' - 50" to the left a distance of 98.21' to the terminus at a point along the east line of said Hubbard property; said 10' wide strip of land being bounded by the property lines of said Hubbard property. Temporary easements during original construction of sewer facilities, after which all rights of the condemnor shall cease, which temporary easements are described as strips of land 9 20' in width on each side of, and immediately adjacent to, the hereinabove described 10' wide permanent easement; said 20' wide temporary easements being bounded by the property lines of said Hubbard 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 hereinabove 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. 10 The foregoing Ordinance was adopted August 24, 1977.