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HomeMy Public PortalAbout04800 O R D I N A N C E NO. 4800 AN ORDINANCE, declaring the necessity for the acquisi- tion of easements within certain existing property within The Metropolitan St. Louis Sewer District, for the purpose of per- mitting 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 pro- ceedings. WHEREAS, there exists within The Metropolitan St. Louis Sewer District an area of St. Louis County, Missouri, known as Greenbriar Estates of The Metropolitan St. Louis Sewer District wherein there live 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 2 otherwise easements for the use of sewer lines as hereinafter set forth, and the right of ingress and egress over the premises sought to be condemned for access to such easements, said per- manent easements being more particularly described as follows: A permanent sewer easement across a portion of Lot 6 of the "Richard Lowe's Estate Subdivision" in U. S. Survey 1928, Township 44 North, Range 5 East according to the plat thereof recorded in Plat Book 3, Page 132 of the St. Louis City (former County) Records and as conveyed to Walter S. Bopp and Marcella L. Bopp, his wife, by deed recorded in Deed Book 3464, Page 483 of the St. Louis County Records, said permanent sewer easement being more particularly described as follows: Beginning at a point in the western line of Barrett Station Road, 40 feet wide, said point of beginning being distant north 13o32' west a distance of 173.04 feet from the southeastern corner of said Bopp property; thence along said western line of Barrett Station Road, north 13o32' west a distance of 10.59 feet to a point; thence leaving said western line, south 57o14'20" west a distance of 269.26 feet to a point; thence south 32o45'40" east a distance of 10.00 feet to a point; thence north 57o14'20" east a distance of 265.78 feet to the point of beginning. A temporary construction easement for use during the construction or reconstruction of any sewer in the above described permanent sewer easement and being located across a portion of Lot 6 of the "Richard Lowe's Estate Subdivision" in U. S. Survey 1928, Township 44 North, Range 5 East according to the plat thereof recorded in Plat Book 3, Page 132 of the St. Louis City (former County) Records and as conveyed to Walter S. Bopp and Marcella L. Bopp, his wife, by deed recorded in Deed Book 3464, Page 483 of the St. Louis County Records, said temporary construction easement being more particularly described as follows: Beginning at a point in the western line of Barrett Station Road, 40 feet wide, said point of beginning being distant north 13o32' west a distance of 141.27 feet from the southeastern corner of said Bopp property; thence along said western line of Barrett Station Road, north 13o32' west a distance of 63.54 feet to a point; thence leaving said western line, south 57o14'20" west a distance of 278.44 feet to a point; thence south 32o45'40" east a distance of 18.00 feet to a point; thence north 57o14'20" east a distance of 2.20 feet to 3 a point; thence south 32o45'40" east a distance of 12.00 feet to a point; thence south 57o14'20" west a distance of 2.20 feet to a point; thence south 32o45'40" east a distance of 30.00 feet to a point; thence north 57o14'20" east a distance of 257.51 feet to the point of beginning, excepting therefrom the permanent sewer easement described above. A permanent sewer easement across a portion of Lot 6 of the "Richard Lowe's Estate Subdivision" in U. S. Survey 1928, Township 44 North, Range 5 East according to the plat thereof recorded in Plat Book 3, Page 132 of the St. Louis City (former County) Records and as conveyed to Walter S. Bopp and Marcella L. Bopp, his wife, by deed recorded in Deed Book 3464, Page 483 of the St. Louis County Records, said permanent sewer easement being more particularly described as follows: Beginning at a point in the western line of said Bopp property, said point of beginning being distant north 32o18'30" west a distance of 86.83 feet from the southwestern corner of said Bopp property; thence leaving said western line, north 40o54'16" east a distance of 61.31 feet to a point; thence north 57o14'20" east a distance of 15.39 feet to a point; thence north 32o45'40" west a distance of 12.00 feet to a point; thence south 57o14'20" west a distance of 20.00 feet to a point; thence north 32o45'40" west a distance of 118.09 feet to a point; thence north 43o23'12" west a distance of 139.60 feet to a point in the southern line of property conveyed to F. L. Van Norman, Jr. and Brenda M. Van Norman, his wife, by deed recorded in Book 6780, Page 1497 of the St. Louis County Recorder's office; thence along said southern line, south 76o28' west a distance of 11.53 feet to a point, said point being distant north 76o28' east a distance of 36.64 feet from the southwestern corner of said Van Norman property; thence leaving said southern line, south 43o23'12" east a distance of 144.45 feet to a point; thence south 32o45'40" east a distance of 117.77 feet to a point; thence south 40o54'16" west a distance of 45.96 feet to a point in the western line of the aforementioned Bopp property; thence along said western line, south 32o18'30" east a distance of 15.67 feet to the point of beginning. A permanent sewer easement, 10 foot in width, across a portion of Lot 7 of the "Richard Lowe Estate" in U. S. Survey 1928, Township 44 North, Range 5 East according to the plat thereof recorded in Plat Book 3, Page 132 of the St. Louis City (former County) Records and as conveyed to Helmuth J. Wiemann and Doris I. Wiemann, his wife, by deed recorded in Deed Book 4 6915, Page 926 of the St. Louis County Records, the centerline of said 10 foot wide permanent sewer easement being more particularly described as follows: Beginning at a point in the eastern line of said Wiemann property being distant south 0o10' west a distance of 172.86 feet from the northeastern corner of said Wiemann property; thence south 89o36' west a distance of 232.76 feet to a point; thence north 31o54' west a distance of 24.86 feet to a point in the northwestern line of said Wiemann property, said point being the point of ending of the herein described 10 foot wide permanent sewer easement and said point being distant south 58o06' west a distance of 290.23 feet from the aforementioned northeastern corner of said Wiemann property. A temporary construction easement, for use during the construction or reconstruction of any sewer in the above described permanent sewer easement on a strip 20 feet wide along the north and northeastern sides and 15 feet wide along the south and southwestern sides of the above described 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 condemna- tion 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 September 8, 1982.