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HomeMy Public PortalAbout03451 O R D I N A N C E NO. 3451 AN ORDINANCE declaring the necessity for the acquisition of easements within certain existing properties within The Metropolitan St. Louis Sewer District, for the purpose of permitting construction of channel improvements therein to serve the needs of the 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 a creek in St. Louis County, Missouri, known as Black Jack Creek around which there live and work numerous people; and WHEREAS, the erosion on said creek constitutes 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 channel improvements in the project known as Meadows School (S-1307) for said creek in order to relieve and alleviate said erosion; 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 and alleviate erosion on Black Jack Creek, it is necessary to appropriate and acquire by the exercise of eminent domain, or otherwise, easements for the construction of channel 2 improvements 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 being more particularly described as follows: A permanent easement over property situated in U.S. Survey 110 T. 46 N., R. 7 E., St. Louis County, Missouri, conveyed to August F. Bergjans and Geraldine Bergjans, his wife, by deed recorded in Book 5058, Page 152, St. Louis County, Missouri Recorder's Office, and which easement is particularly described as follows: Beginning at the southeast corner of said Bergjans property; thence along south line of said property, S. 77o W., 70'; thence N. 1o 14 1/2" W. , 118.37'; thence N. 32o 56' E., 63.93' to a point in the east line of said property; thence along the east line of said property, S. 12o 58-3/4' E., 160.35' to the point of beginning. A temporary easement during original construction of sewer facilities, after which all rights of the condemnor shall cease, which temporary easement is immediately adjacent to the hereinabove described permanent easement, and more particularly described as follows: Beginning at northeast corner of said Bergjans property; thence along the east property line of said property S. 12o 58-3/4' E., 3 10.65'; thence S. 32Ε 56' W. , 63.93'; thence S. 1o 14-1/2' E., 70.37'; thence S. 88o 45 1/2' W., 20'; thence No. 0Ε 51 1/2' W., 52.61'; thence N. 30o 39 1/2' E., 94.68' to a point in the north line of said property; thence along said north line N. 77o E., 3.43' to the point of beginning. __________________________________________ A permanent easement over property situated in U.S. Survey 110, T. 46 N., R. 7 E., St. Louis County, Missouri, conveyed to William A. Wolfe and Pearl I. Wolfe, his wife, by deed recorded in Book 6298, Page 1331, St. Louis County, Mo. Recorder's Office, and which easement is particularly described as follows: Beginning at the southwest corner of Lot 536 of Hathaway Meadows No. 4, a Subdivision in St. Louis County, Missouri, as per plat thereof recorded in P.B. 63, Page 21, St. Louis County, Mo. Recorder's Office; thence along the southeast line of said Wolfe property 34o 09 1/2' W., 320.65'; thence along west line of said property N. 12o 58 3/4' W. , 165.00'; thence N. 32o 48' E., 164.95' to the north line of said property; thence along said north line N. 77o 01-1/4' E., 120' to the northeast corner of said property; thence along the east line of said property S. 10o 02' E., 62' to the point of beginning. A temporary easement during construction of sewer facilities, after which all rights of condemnor shall cease, which temporary easement is immediately adjacent to the hereinabove described 4 permanent easement, and more particularly described as follows: Beginning at a point in the north line of said Wolfe property distant there along 77o 01-1/4' W., 120' from the northeast corner of said property; thence S. 32Ε 48' W., 164.95' to the west line of said property; thence along said west line N. 12o 58 3/4' W., 14.21'; thence N. 30o 56' E., 139.97' to the north line of said property; thence along said north line N. 77o 01-1/4' E., 21.14' to the point of beginning. ___________________________________ A permanent easement over property situated in U. S. Survey 110, T. 46N., R. 7E., St. Louis County, Missouri, conveyed to St. Ferdinand Township Farmers Club by deed recorded in Book 687, Page 360, St. Louis County, Missouri Recorder's Office, and which easement is more particularly described as follows: Beginning at the southeast corner of said property; thence along south line of said property 77o 01-1/4' W., 120'; thence N. 9o 30' E., 318.51' to the north line of said property; thence along said north line N. 77o E., 120' to the northeast corner of said property; thence along the east line of said property 9o 30' E., 318.55' to the point of beginning. A temporary easement during construction of sewer facilities, after which all rights of condemnor shall cease, which temporary easement is immediately adjacent to the hereinabove described permanent easement, and more particularly described as follows: 5 Beginning at a point in the south line of said St. Ferdinand Township Farmers Club property distant there along S. 77Ε 01'- 1/2' W.,, 120' from the southeast corner of said property; thence along said south line S. 77o 01-1/4' W., 21.14'; thence N. 32o 56- 1/2' E. , 20.87'; thence N. 10o 58 1/3' W. , 181.51' thence N. 68o 46 3/4' E., 11.93'; thence S 9o 30' E., 197.99' to the point of beginning. _______________________________ Section Two. Counsel for The Metropolitan St. Louis Sewer District is hereby authorized to acquire by purchase, if possible, 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 permanent and temporary easements hereinabove set out. Section Three. The need for the immediate construction of channel improvements in order to protect the public health within the District has constituted an emergency within the meaning of the Plan of The Metropolitan St. Louis Sewer District; therefore, this Ordinance shall take effect immediately upon its adoption. The foregoing Ordinance was adopted February 8, 1978.