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HomeMy Public PortalAbout05457 O R D I N A N C E NO. 5457 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 the Caulks Creek Sanitary Interceptor System 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 known as the Lower Missouri River Basin (MSD Northwest Area) wherein live and work numerous people; and WHEREAS, the present means for treating and disposing of sanitary sewage gathered from such area are or will soon be inadequate, and such inadequacy will constitute a menace to the 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 sewage treatment and disposal plants and systems in 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. The Board of Trustees hereby finds, determines, and declares that in order to protect the public health and relieve insanitary and dangerous conditions, it is 2 necessary to appropriate and acquire by the exercise of eminent domain or otherwise, easements for the use of sewer lines as herein= after 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: CAULKS CREEK - LINE F N/F George F. Stelioes and Viola J. Stelioes A permanent sewer easement ten feet in width across a tract of land in the Southwest Quarter of the Southeast Quarter of Section 1, Township 44 North, Range 3 East of the Fifth Principal Meridian, St. Louis County, Missouri, according to Deed recorded in Book 6742, Page 194, of the St. Louis County records, the centerline of said ten-foot-wide easement being more particularly described as follows: Beginning at the point of intersection of the Eastern line of the above-described tract with the northerly line of Manchester Road, 60 feet wide; thence on a line bearing North 0 degrees, 50 minutes East a distance of 295.12 feet to a point, said point being the beginning of this easement; thence on a line bearing North 54 degrees, 55 minutes, 08 seconds West a distance of 133.12 feet to a point; thence on a line bearing North 85 degrees, 47 minutes, 17 seconds West a distance of 211.82 feet to a point in the Western line of the above described tract. Also, a temporary construction easement for use during installation of said sewer on a strip of land 15 feet in width along the Northerly side and 40 feet in width along the Southerly side of and contiguous with the above-described permanent easement. 3 CAULKS CREEK SEWERS - LINE I Earl O.Eberwein and Virginia L. Eberwein A permanent sewer easement ten feet in width across a tract of land in U.S. Survey 2002, Township 45 North, Range 4 East of the Fifth Principal Meridian, St. Louis County, Missouri, according to Deed recorded in Book 5765, Page 9 of the St. Louis County records, the centerline of said ten foot wide easement being more particularly described as follows: Beginning at the point of intersection of the Southwesterly line of the above-described tract with the centerline of New Clarkson Road, 60 feet wide; thence on a line bearing South 56 degrees, 00 minutes East a distance of 49.47 feet to a point, said point being the beginning of this easement; thence on a line bearing North 27 degrees, 4 minutes, 17 seconds East a distance of 156.48 feet to a point; thence on a line bearing North 42 degrees, 39 minutes, 31 seconds West a distance of 40.50 feet to a point on the centerline of the above said New Clarkson Road. Also, a temporary construction easement for use during installation of said sewer on a strip of land 40 feet in width along the Southeasterly side of and contiguous with the first line, and along the Northeasterly side and contiguous with the second line of the above described permanent easement. Also, a temporary construction easement for use during installation of said sewer on a strip of land along the northwesterly side of the above-described permanent easement, said temporary easement being bounded by the said Northwest line of the said permanent easement, the Southwesterly line of the above described tract of land, the Southeasterly line of New Clarkson Road, and the Southwesterly line of the second line of the above described permanent easement. . CAULKS CREEK SEWERS - LINE C Jerry R.Brenning and Constance M. Brenning. A permanent sewer easement ten feet in width across Lot 14 of Shepherd Valley Subdivision, a subdivision of a tract of land in Section 36, Township 45 North, Range 3 East of the Fifth Principal Meridian, St. Louis County, Missouri, according to the Plat thereof recorded in Plat Book 178, Pages 92 and 93, and across 4 property conveyed to Jerry Brenning and Connie Brenning, his wife, by Deed recorded in Book 7378, Page 575 of the St. Louis County records, the centerline of said ten foot wide permanent easement being more particularly described as follows: Beginning at a point on the Westerly line of said Lot 14, said point being 45.50 feet southerly of the most northwestern corner of said Lot 14; thence on a line bearing North 64 degrees, 17 minutes, 12 seconds East a distance of 11.17 feet to a point; thence on a line bearing South 79 degrees, 35 minutes, 58 seconds East a distance of 217.56 feet to a point; thence on a line bearing South 76 degrees, 55 minutes, 49 seconds East a distance of 8.51 feet to a point on the Easterly line of said Lot 14. Also, a temporary construction easement for use during installation of said sewer on a strip of land along and contiguous with the Northerly line of the above described permanent easement, said temporary easement being bounded on the south by the Northerly line of said permanent easement, on the east by the Easterly line of said Lot 14, on the west by the Westerly line of said Lot 14, and on the north by the Southerly line of a 50-foot-wide Road Easement as shown on the above-described Plat of said Shepherd Valley Subdivision. Also, a temporary construction easement for use during installation of said sewer on a strip of land 15 feet in width along and contiguous with the Southerly line 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 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. 5 The foregoing Ordinance was adopted January 11, 1984.