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HomeMy Public PortalAbout05146 O R D I N A N C E NO. 5146 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 permitting construction of sanitary sewers in Caulks Creek Force Main (part of Federal Project No. C-291148), therein to serve the needs of residents of the Lower Missouri River Basin (MSD Northwest 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 Lower Missouri River Basin (MSD Northwest Area) 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: 2 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 de- scribed as follows: Charles A. and Ann Bianco Parcel No.l A permanent sewer easement ten feet in width across portions of Lots 5, 6, and 7 of the Subdivision of the lands of Jacob Studt, Jr. in Sections 25 and 36, Township 46 North, Range 4 East and in Sections 30 and 31, Township 46 North, Range 5 East, according to the plat thereof recorded in Plat Book 24, Page 26 of the St. Louis County records and being across Parcels No. 1, 2, and 3 of property conveyed to Charles A. Bianco and Ann Bianco, his wife, by deed recorded in Book 4466, Page 541 of the St. Louis County records, the centerline of said ten foot wide easement being more particularly described as follows: Commencing at the intersection of the centerline of River Valley Road, 30 feet wide, also known as Lower Bottom Road, and the North line of said Section 36, Township 46 North, Range 4 East; thence along said centerline of River Valley Road, South 37 degrees 59 minutes 01 seconds East, a distance of 24.28 feet to a point; thence South 89 degrees 08 minutes 27 seconds East, a distance of 19.26 feet to a point in the Eastern line of said River Valley Road, 30 feet wide, said point being the actual point of beginning of said ten foot wide easement; thence South 89 degrees 08 minutes 27 seconds East, a distance of 615.54 feet to a point; thence North 0 degrees 31 minutes 33 seconds East, a 3 distance of 950.14 feet to a point, said point being distant South 89 degrees 18 minutes East, a distance of 29.20 feet from the East line of property conveyed to Creve Coeur American Legion Memorial Post by deed recorded in Book 7017, Page 813 of the St. Louis County records; thence South 82 degrees 47 minutes 21 seconds East, a distance of 865.53 feet to a point, said point being distant North 7 degrees 54 minutes East a distance of 21.64 feet from the Northwest corner of property conveyed to N. Visconti, et al,, by deed recorded in Book 1487, Page 584 of the St. Louis County Records; thence South 82 degrees 12 minutes 57 seconds East, a distance of 1473.89 feet to a point, said point being distant North 7 degrees 54 minutes East, a distance of 24.62 feet from the Northeast line of said Visconti property; thence North 43 degrees 51 minutes 15 seconds East, a distance of 153.92 feet to a point; thence North 55 degrees 51 minutes 15 seconds East, a distance of 115.53 feet to a point; thence North 33 degrees 21 minutes 15 seconds East, a distance of 173.73 feet to a point; thence South 79 degrees 12 minutes 14 seconds East, a distance of 41.02 feet to a point in the Western right-of-way line of the St. Louis Southwestern Railway, 100 feet wide, being the point of ending. Also, a temporary construction easement for use during installation of said sewer on strips of land contiguous with the above-described ten foot wide permanent ease-ment as follows: 10 feet wide North and 40 feet wide South of the first described line 615.54 feet in length; 10 feet wide West and 40 feet wide East of the second described line 950.14 feet in length; and 10 feet wide along the Southerly and 40 feet wide along the Northerly side for the remainder of the lines. Herbert C. and Lillian C. A. Zierenberg Parcel No. 2 A permanent sewer easement ten feet in width across a portion of Lot 4 of HENRY JACKSON ESTATE in U. S. Survey 949 and Section 36, Township 46 North, Range 4 East of the Fifth Principal Meridian, St. Louis County, Missouri, according to the plat thereof recorded in Deed Book 185, Page 206 of the St. Louis County Records and across property conveyed to Herbert C. Zierenberg and Lillian C. A. Zierenberg, his wife, by deed recorded in 4 Book 3811, Page 77 of the St. Louis County Records, the centerline of said ten foot wide easement being more particularly described as follows: Beginning at a point in the west line of said Zierenberg property, said point being distant North 8 degrees 03 minutes East, a distance of 243.34 feet from the Westernmost corner of said Lot 4; thence South 89 degrees 44 minutes 04 seconds East, a distance of 413.42 feet to a point, said point being distant South 8 degrees 03 minutes West, a distance of 5.05 feet from the Southwesternmost corner of property conveyed to Wesley Stemme and Arland Stemme, his wife, by deed recorded in Book 7388, Page 2250 of the St. Louis County Records, said Southwesternmost corner being the intersection of the Eastern line of U. S. Survey 949 and the Northern line of said Section 36, Township 46 North, Range 4 East; thence Eastwardly along a line being 5.00 feet Southwardly of and parallel to said Northern line of Section 36, a distance of 1540.08 feet to a point in the Western line of River Valley Road, 30 feet wide, also known as Lower Bottom Road, said point being the point of ending. Also, a temporary construction easement for use during installation of said sewer on a strip of land 50 feet in width along the South side of and contiguous with the above described ten foot wide permanent easement. Cordell V. and Evelyn F. Queathem Parcel No. 3 A permanent sewer easement ten feet in width across a portion of Lot 8 of HENRY JACKSON ESTATE in U. S. Survey 949, Township 46 North, Range 4 East of the Fifth Principal Meridian, St. Louis County, Missouri, according to the plat thereof recorded in Deed Book 185, Page 206 of the St. Louis County Records, and across property conveyed to Cordell V. Queathem and Evelyn F. Queathem, his wife, by deed recorded in Book 7369, Page 1758 of the St. Louis County Records, the centerline of said ten foot wide easement being more particularly described as follows: Beginning at a point in the east line of said Queathem property, said point being distant South 8 degrees 03 minutes West, a distance of 10.00 feet from the Southeast corner of Lot 3 of said Henry Jackson Estate; thence 5 westwardly along a line being 10.00 feet southwardly of and parallel to the North line of said Queathem property, a distance of 1,176.20 feet to its intersection with the east line of Hog Hollow Road, 40 feet wide; said point being the point of ending. Also, a temporary construction easement for use during installation of said sewer on a strip of land, five feet in width, along the North side and 45 feet in width along the South side of and contiguous with the above-described ten foot wide permanent easement. Mary E. Puellmann Parcel No. 4 A permanent sewer easement ten feet in width across parts of Lots 6 and 7 of MOSS HUNTONS LAND in U. S. Survey 120, Township 46 North, Range 4 East of the Fifth Principal Meridian, St. Louis County, Missouri, according to the plat thereof recorded in Plat Book 24, Page 25 of the St. Louis County Records and being across property conveyed to Mary Elizabeth Puellmann, wife of Roland F. Puellmann, by deed recorded in Book 852, Page 77 of the St. Louis County Records, the centerline of said ten foot wide easement being more particularly described as follows: Beginning at a point in the Southwest line of said Puellmann property, said point being distant North 45 degrees 18 minutes West, a distance of 2424.73 feet from the Southernmost corner of said Puellmann property; thence North 51 degrees 22 minutes 37 seconds East, a distance of 28.07 feet; thence North 34 degrees, 18 minutes 32 seconds East, a distance of 930.63 feet to a point; thence North 45 degrees 20 minutes 50 seconds East, a distance of 265.10 feet to a point; thence North 47 degrees 52 minutes 29 seconds East, a distance of 200.05 feet to a point; thence South 75 degrees 49 minutes 19 seconds East, a distance of 82.99 feet to a point in the Northeast line of said Puellmann property, said point being distant North 48 degrees 53 minutes West, a distance of 1385.66 feet from the Northeast corner of said Puellmann property, said point also being the point of ending. Also, a temporary construction easement for use during installation of said sewer on a strip of land 50 feet in width, Southwardly of and contiguous with the above-described ten foot wide permanent sewer easement. 6 Laverna Reising Parcel No. 5 A permanent sewer easement ten feet in width across a portion of Lot 7 of MOSS HUNTONS LAND in U. S. Survey 120, Township 46 North, Range 4 East of the Fifth Principal Meridian, St. Louis County, Missouri, according to the plat thereof recorded in Plat Book 24, Page 25 of the St. Louis County Records, and being across property conveyed to Laverna Reising, by deed recorded in Book 6448, Page 340 of the St. Louis County Records, the centerline of said ten foot wide easement being more particularly described as follows: Beginning at a point in the northeast line of said Reising property, said point being distant north 45 degrees 18 minutes west, a distance of 2424.73 feet from the easternmost corner of said Reising property; thence south 51 degrees 22 minutes 37 seconds west, a distance of 1277.75 feet to a point; thence south 45 degrees 15 minutes 32 seconds east, a distance of 1820.70 feet to a point; thence south 51 degrees 54 minutes 28 seconds west, a distance of 8.18 feet to a point in the southwest line of said Reising property, said point being distant north 45 degrees 18 minutes west, a distance of 328.65 feet from the southernmost corner of said Reising property, said point also being the point of ending. Also, a temporary construction easement for use during installation of said sewer on a strip of land 50 feet in width, eastwardly of and contiguous with the above-described ten foot wide permanent sewer easement. L. Busch and Mary Plant Faust Parcel No. 6 A permanent sewer easement ten feet in width across Lots 2 and 3 of Bates Estates partition in U. S. Surveys 154 and 157, Township 45 North, Range 4 East of the Fifth Principal Meridian, St. Louis County, Missouri, and being partly across property according to the plat thereof recorded in Plat Book 14, Page 46 of the St. Louis County Records and being across property conveyed to L. Busch Faust and Mary Plant Faust, his wife, by deed recorded in Book 2901, Page 78 and Book 1623, Page 7 331 of the St. Louis County Records, the centerline of said ten foot wide easement being more particularly described as: Beginning at a point in the northeast line of said Faust property, by said Book 1623, Page 331, said point being in the dividing line of Lots 1 and 2 of said Bates Estates Partition, said point being distant north 32 degrees 38 minutes west, a distance of 5.02 feet from the eastern-most corner of said Faust property, by said Book 1623, Page 331; thence along a line being 5.00 feet northwestwardly of and parallel to the southeast line of said Faust property by said Book 1623, Page 331, south 62 degrees 39 minutes west, a distance of 1173.13 feet to a point; thence south 67 degrees 03 minutes 16 seconds west, a distance of 751.12 feet, to the southeast line of said Faust property by said Book 2901, Page 78, to a point; thence along a line being 5.00 feet northwestwardly of and parallel to the south 69 degrees 59 minutes west, a distance of 765.20 feet to a point in the southwest line of said Faust property by said Book 2901, Page 78, said point being distant north 32 degrees 14 minutes west, a distance of 5.12 feet from the southernmost corner of said Faust property by said Book 2901, Page 78, said point also being the point of ending. Also, a temporary construction easement for use during installation of said sewer on a strip of land 50 feet in width along the northwest side and contiguous with the above-described ten foot wide permanent sewer ease-ment. Raymond, Jr. and Marie Burkhardt Parcel No. 7 A permanent sewer easement ten feet in width across a tract of land in U. S. Survey 154, Township 45 North, Range 4 East of the Fifth Principal Meridian, St. Louis County, Missouri, and as per plat thereof recorded in Plat Book 14, page 46 of the St. Louis County Records and being across property conveyed to Raymond Burkhardt, Jr. and Marie Burkhardt by deed recorded in Book 6635, Page 762 of the St. Louis County Records, the centerline of said ten feet wide easement being more particularly described as follows: Beginning at a point in the northeast line of Parcel 2 of said Burkhardt property, said point being distant, north 32 8 degrees 14 minutes west, a distance of 5.12 feet from the easternmost corner of said Parcel 2; thence along a line being 5.00 feet northwestwardly of and parallel to the southeast line of said Parcel 2, south 69 degrees 59 minutes west, a distance of 1990.03 feet to a point in the southwest line of said Parcel 2, said point being distant, north 32 degrees 16 minutes west, a distance of 5.12 feet from the southernmost corner of said Parcel 2, said point being the point of ending. Also, a temporary construction easement for use during installation of said sewer on a strip of land 50 feet in width along the northwesterly side and contiguous with the above-described ten foot wide permanent sewer easement. Raymond Burkhardt, Jr. Parcel No. 8 A permanent sewer easement ten feet in width across a tract of land in U. S. Surveys 123 and 154, Township 45 North, Range 4 East of the Fifth Principal Meridian, St. Louis County, Missouri, and being across property conveyed to Raymond Burkhardt, Jr., by instrument recorded in Book 7448, Page 2080 of the St. Louis County Records, said easement being more particularly described as follows: Beginning at the southeast corner of Parcel 1 of said Burkhardt property, said point being in the northwest line of the St. Louis Southwestern Railway right-of-way, 100 feet wide; thence along the southeast line of Parcels 1 and 2 of said Burkhardt property, south 69 degrees 59 minutes west a distance of 2412.94 feet to a point; thence north 47 degrees 29 minutes east a distance 26.12 feet to a point; thence along a line being 10.00 feet northwestwardly of and parallel to said southeast line, north 69 degrees 59 minutes east a distance of 2386.58 feet to a point in the northeast line of Parcel 1 of said Burkhardt property; thence along said northeast line, south 32 degrees 16 minutes east a distance of 10.24 feet to the point of beginning. Also, a temporary construction easement, for use during installation of said sewers on the above described property and being more particularly described as follows: 9 Beginning at a point in the Northeast line of said Parcel 1, said point being distant North 32 degrees 16 minutes West, a distance of 10.24 feet from the Southeast corner of said Parcel 1; thence along a line being 10.00 feet Northwestwardly of and parallel to the aforementioned Southeast line, South 69 degrees 59 minutes West, a distance of 2386.58 feet to a point; thence South 47 degrees 29 minutes West, a distance of 26.12 feet to a point in said Southeast line; thence along said Southeast line, South 69 degrees 59 minutes West, a distance of 130.66 feet to a point; thence North 47 degrees 29 minutes East, a distance of 157.69 feet to a point; thence along a line being 60.00 feet Northwestwardly of and parallel to said Southwest line, a distance of 2384.89 feet to a point in the aforementioned Northwest line of said Parcel 1; thence along said Northwest line, South 32 degrees 16 minutes East, a distance of 51.16 feet to the point of beginning. 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 June 22, 1983.