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
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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.,
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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.
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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
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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.
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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:
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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.
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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.