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HomeMy Public PortalAbout04459 O R D I N A N C E NO . 4459 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. WHEREAS, there exists within The Metropolitan St. Louis Sewer District an area of St. Louis County, Missouri, known as the Riverwood Estates Sanitary Outfall Sewer 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 Metro- politan St. Louis Sewer District to protect the public health and welfare 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 otherwise easements for the use of sewer lines 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 ten (10) feet wide, being part of a tract of land in Surveys 140 and 141 of St. Ferdinand Common Fields, in Township 47 North, Range 6 East, in St. Louis County, Missouri, the centerline being more particularly described as follows: Beginning at a point in the southwest line of property conveyed to Alexander Aubuchon and Adeline Aubuchon, his wife, by deed recorded in Book 2124, Page 138 of the St. Louis County Recorder's office, said point being distant along the southwest line of said Aubuchon property, north 52o 12' 00" west a distance of 842.58 feet from the southernmost corner of said Aubuchon property; thence north 36o 15' 50" east a distance of 575.17 feet to the point of termination of said ten (10) feet wide permanent easement, said point of termination being in the northeast line of said Aubuchon property, said point of termination also being distant along the northeast line of said Aubuchon property, north 52o 10' 00" west a distance of 858.00 feet from the easternmost corner of said Aubuchon property. Temporary easements during original construction of sewer facilities, after which all rights of condemnor shall cease, which temporary easements are described as strips of land twenty (20) feet in width on each side of, and immediately adjacent to, the hereinabove described ten (10) foot wide permanent easement. A permanent easement ten (10) feet wide, being part of a tract of land in Surveys 138, 139, and 140 of St. Ferdinand Common Fields in Township 47 North, Range 6 East, in St. Louis County, Missouri, the centerline being more particularly described as follows: Beginning at a point in the northeast line of Survey 137 of St. Ferdinand Common Fields, said point being distant along said northeast line of Survey 137, north 53o 00' 00" west a distance of 113.00 feet from the northernmost corner of Lot 33 of Dunnwood Plat One, a subdivision recorded in Plat Book 136, Page 34 of the St. Louis County Recorder's office; thence north 45o 21' 10" east a distance of 353.67 feet to a point; thence north 35o 18' 50" east a distance of 506.30 feet to the point of termination of said ten (10) foot wide permanent easement, said point of termination being in the southwestern line of property conveyed to Alexander Aubuchon and Adeline Aubuchon, his wife, by deed recorded in Book 2124, Page 138 of the St. Louis County Recorder's office, said point of termination being distant along said southwestern line of the Aubuchon property, north 53o 00' 00" west a distance of 842.58 feet from the southernmost corner of said Aubuchon property. Temporary easements during original construction of sewer facilities, after which all rights of condemnor shall cease, which temporary easements are described as strips of land twenty (20) feet in width on each side of, and immediately adjacent to, the hereinabove described ten (10) foot wide permanent easement. A permanent easement ten (10) feet wide, being part of a tract of land in Surveys 136 and 137 of St. Ferdinand Common Fields in Township 47 North, Ranges 5 and 6 East in St. Louis County, Missouri, the centerline being more particularly described as follows: Beginning at a point in the southwest line of Survey 136 of St. Ferdinand Common Fields, said point being distant along said southwest line, north 51o 27' 56" west a distance of 169.00 feet from the westernmost corner of Lot 29 of Dunnwood Plat One, a subdivision recorded in Plat Book 136, Page 34 of the St. Louis County Recorder's office; thence north 46o 30' 00" east a distance of 409.34 feet to the point of termination of said ten (10) foot wide permanent easement, said point of termination being in the northeast line of Survey 137 of St. Ferdinand Common Fields, said point of termination also being distant northwestwardly along said northeast line of Survey 137, a distance of 113.00 feet from the northernmost corner of Lot 33 of the aforementioned Dunnwood Plat One Subdivision. Temporary easements during original construction of sewer facilities, after which all rights of condemnor shall cease, which temporary easements are described as strips of land twenty (20) feet in width on each side of, and immediately adjacent to, the hereinabove described ten (10) foot wide permanent easement. Section Two. Counsel for The Metropolitan St. Louis Sewer District be and 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 private property as hereinabove set out. The foregoing Ordinance was adopted August 5, 1981.