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
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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
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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 -
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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.
_____________________________________
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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
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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.
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_____________________________________
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
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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
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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.
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The foregoing Ordinance was adopted August 24, 1977.