HomeMy Public PortalAbout03442 O R D I N A N C E NO. 3442
AN ORDINANCE repealing Ordinance No. 3310, as adopted
August 24, 1977, and enacting a new ordinance in lieu thereof, on
the same subject, 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:
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Section One. Ordinance No. 3310, as adopted August 24,
1977, is hereby repealed.
Section Two. 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
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
sought to be condemned for access to such easements, said
permanent and temporary easements are 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 U.S. Survey 2039 being
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:
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Beginning at a point along the northwest line of said Carter
property, being also the southwest line of Interstate
Highway 270, 233.60' northeast of the most western
corner thereof, thence southeasterly along a line at a
deflection angle of 64Ε-42'-30" to the right a distance
of 337.01', thence southeasterly along a line at a
deflection angle of 60 to the right a distance of
215.0' to a point; 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 southwest 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
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of Churchill R. Carter, which easement is more particularly
described as follows:
A strip of land 10' wide in part of U.S. Survey 2039, being
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 northwest line of said Carter
property, 70.48' northeast of the most western 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
southeast line of said Carter property, being also the
northwest line of Interstate Highway 270; 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,
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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 Betty L. James, which easement is more particularly described
as follows:
A strip' of land 10' wide in part of Lot 2 of Joseph Garrett
Estate in U.S. Survey 2039, 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 southeast line of said James
property, 70.48' northeast of the most southern 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
southwest line of said James property; said 10' wide
strip of land being bounded by the property lines of
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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.
______________________________
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 in. 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 northwest line of said Godar
property, 83.76' southwest of the most northern corner
thereof, thence southeasterly along a line at a
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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 southwest 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 northeast 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 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,
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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 northeast 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
northeast 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 ease,
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
Hubbard property.
_______________________________
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Section Three. Counsel for The Metropolitan St. Louis Sewer
District be and is hereby authorized to acquire by purchase, if
possible, subject to the approval of the Board of Trustees, or 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 Four. 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.
The foregoing Ordinance was adopted January 25, 1978.