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HomeMy Public PortalAbout05584 O R D I N A N C E NO. 5584 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 permit- ting construction of sanitary sewers in the project known as Maline Creek Relief Sewer (S-2139) 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 within the Maline Creek Watershed wherein 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 Metropolitan St. Louis Sewer District to protect the public health and welfare by constructing sanitary relief 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 2 appropriate and acquire by the exercise of eminent domain or 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 permanent easements being more particularly described as follows: Crucephine Stolle (an undivided 1/3 interest), Sam Lafata (an undivided 1/3 interest), and Augustine Mary LaFata (an undivided 1/3 interest). Parcel #1 A permanent sewer easement, 15 feet in width, across Lot 27 of "HATHAWAY HILLS NO. 8", a Subdivision, according to the plat thereof recorded in Plat Book 54, page 37 of the St. Louis County, Missouri, Recorder's Office, said Lot 27 being conveyed to Crucephine Stolle, et al, by instrument recorded in Book 7308, Page 1627 of the St. Louis County, Missouri, Recorder's Office; the centerline of said 15 foot wide permanent sewer easement being more particularly described as follows: Commencing at the easternmost corner of said Lot 27; thence northwestwardly along the northeast line of said Lot 27, a distance of 20.0 feet to the actual point of beginning; thence southwestwardly along a straight line, a distance of 105.90 feet to a point in the northeast line of an existing 7.5 foot wide easement, as established by said "HATHAWAY HILLS NO. 8", said point being the point of ending of said centerline of said 15 foot wide permanent sewer easement; thence continuing southwestwardly along said straight line, a distance of 8.03 feet to a point in the southwest line of said Lot 27, said point being distant northwestwardly a distance of 31.5 feet from the southernmost corner of said Lot 27. Also, temporary construction easements for use during installation of said sewer on said Lot 27 and being more particularly described as follows: (1) Commencing at the easternmost corner of said Lot 27; thence northwestwardly along the northeast line of said Lot 27, a distance of 7.52 feet to a point in the northwest line of an existing 7.5 foot easement, as established by said "HATHAWAY HILLS NO. 8", said point being the actual point of beginning; 3 thence southwestwardly along said northwest line, being 7.5 feet northwestwardly of and parallel to the southeast line of said Lot 27, to a point in the northeast line of another 7.5 foot wide easement, being established by said "HATHAWAY HILLS NO. 8"; thence northwestwardly along said northeast line being 7.5 feet northeastwardly of and parallel to the southwest line of said Lot 27, a distance of 14.52 feet to the southernmost corner of the above described 15 foot wide permanent sewer easement; thence northeastwardly along the southeast line of said permanent sewer easement to a point in the northeast line of said Lot 27; thence southeastwardly along said northeast line, a distance of 4.98 feet to the point of beginning. (2) Commencing at the easternmost corner of said Lot 27; thence northwestwardly along the northeast line of said Lot 27, a distance of 27.52 feet to the actual point of beginning, said point being the northernmost corner of the above described 15 foot wide permanent sewer easement; thence southwestwardly along the northwest line of said permanent sewer easement, a distance of 102.45 feet to a point in the northeast line of an existing 7.5 foot wide easement as established in said "HATHAWAY HILLS NO. 8"; thence northwestwardly along said northeast line being 7.5 feet northeastwardly of and parallel to the southwest line of said Lot 27, a distance of 30.82 feet to a point; thence northeastwardly along a straight line, a distance of 89.01 feet to a point in the northeast line of said Lot 27, said point being distant northwestwardly a distance of 60.00 feet from the easternmost corner of said Lot 27; thence southeastwardly along said northeast line a distance of 32.48 feet to the point of beginning. Dennis Merkt, a single person. Parcel #2 A permanent sewer easement across Lot 28 of ''HATHAWAY HILLS NO. 8", a subdivision, according to the plat thereof recorded in Plat Book 54, Page 37 of the St. Louis County, Missouri, Recorder's Office, said Lot 28 was conveyed to Dennis Merkt by deed recorded in Book 7462, Page 2151 of the St. Louis County, Missouri, Recorder's Office, said permanent sewer easement being more particularly described as follows: Commencing at the southernmost corner of said Lot 28; thence northwestwardly along the southwest line of said Lot 28, a distance of 7.5 feet to the actual point of beginning, said point being in the western line of an existing 7.5 foot wide 4 easement as established by said "HATHAWAY HILLS NO. 8"; thence continuing along said southwest line, a distance of 20.00 feet to a point; thence northeastwardly in a straight line, a distance of 104.46 feet to a point in the north line of said Lot 28, said point being distant west a distance of 21.5 feet from the northeast corner of said Lot 28; thence eastwardly along the north line of said Lot 28;, a distance of 14.00 feet to a point in the aforementioned west line of an existing 7.5 foot wide easement; thence southwardly and southwestwardly along the west line of said 7.5 foot wide easement, a distance of 88.32 feet and 28.01 feet to the point of beginning. Also, a temporary construction easement for use during installation of said sewer on said Lot 28 and being more particularly described as follows: Commencing at the southernmost corner of said Lot 28; thence northwestwardly along the southwest line of said Lot 28, a distance of 27.5 feet to the actual point of beginning; thence continuing northwestwardly along said southwest line, a distance of 30.0 feet to a point; thence northeastwardly along a straight line, a distance of 91.45 feet to a point in the north line of said Lot 28, said point being distant west, a distance of 51.5 feet from the northeast corner of said Lot 28; thence eastwardly along said north line, a distance of 30.0 feet to a point; thence southwestwardly along the westernmost line of the above described permanent sewer easement, a distance of 104.46 feet to the point of beginning. Jack C. Clark and Sulynn S. Clark, his wife. Parcel #3 A permanent sewer easement, 15 feet in width across Lot 29 of "HATHAWAY HILLS NO. 8", a subdivision, according to the plat thereof recorded in Plat Book 54, Page 37 of the St. Louis County, Missouri, Recorder's Office and said Lot 29 being conveyed to Jack C. Clark and Sulynn S. Clark, his wife, by deed recorded in Book 6978, Page 1064 of the St. Louis County, Missouri. Recorder's Office, and the centerline of said 15 foot wide permanent sewer easement being more particularly described as follows: Beginning at a point in the south line of said Lot 29, said point being distant 15.00 feet west of the southeast corner of said 5 Lot 29; thence northwardly along a line being 15.00 feet westwardly of and parallel to the east line of said Lot 29, a distance of 50.00 feet to a point in the south line of an existing 5.0 foot wide easement, said 5.0 foot wide easement being established by said "HATHAWAY HILLS NO. 8", said point being the point of ending. Also, a temporary construction easement for use during installation of said sewer on a strip of land 30.0 feet in width, westwardly of and contiguous with the above described 15 foot wide permanent sewer easement. William J. Wilson and Mildred A. Wilson. his wife. Parcel #4 A permanent sewer easement, 15 feet in width, across Lot 78 of "HATHAWAY HILLS NO. 8", a subdivision, according to the plat thereof recorded in Plat Book 54, page 37 of the St. Louis County, Missouri, Recorder's Office, said Lot 78 being conveyed to William J. Wilson and Mildred A. Wilson. his wife, by deed recorded in Book 5017, Page 592 of the St. Louis County, Missouri, Recorder's Office, the centerline of said 15 foot wide permanent sewer easement being more particularly described as follows: Beginning at a point in the northern line of said Lot 78, said point being distant 15.00 feet westwardly of the northeast corner of said Lot 78; thence southwardly along a line being 15.00 feet westwardly of and parallel to the eastern line of said Lot 78, a distance of 50.00 feet to a point in the north line of an existing 5 foot wide easement, as established by said "HATHAWAY HILLS NO. 8", said point being the point of ending. Also, a temporary construction easement for use during installation of said sewer on a strip of land 30 feet in width westwardly of and contiguous with the above-described 15 foot wide permanent sewer easement. 6 James R. Oliver and Jennie S. Oliver. his wife. Parcel #5 A permanent sewer easement, 15 feet in width. across Lot 79 of "HATHAWAY HILLS NO. 8", a subdivision, according to the plat thereof recorded in Plat Book 54, page 37 of the St. Louis County, Missouri, Recorder's Office, said Lot 79 being conveyed to James R. Oliver and Jennie S. Oliver, his wife, by deed recorded in Book 7356, Page 1887 of the St. Louis County, Missouri, Recorder's Office, the centerline of said 15 foot wide permanent sewer easement being more particularly described as follows: Commencing at the northeast corner of said Lot 79; thence westwardly along the north line of said Lot 79, a distance of 15.00 feet to the actual point of beginning; thence southwardly along a line being 15.00 feet westwardly of and parallel to the east line of said Lot 79, a distance of 58.0 feet to a point in the south line of said Lot 79, said point being the point of ending. Also, a temporary construction easement for use during in-stallation of said sewer on a strip of land 30 feet in width, westwardly of and contiguous with the above-described 15 foot wide permanent sewer easement Nell Gibson Parcel #6 A permanent sewer easement across a portion of Lot 80 of "HATHAWAY HILLS NO. 8", a subdivision, according to the plat thereof recorded in Plat Book 54, page 37 of the St. Louis County, Missouri, Recorder's Office, said Lot 80 being conveyed to Nell Gibson by deed recorded in Book 6713, Page 48 of the St. Louis County, Missouri, Recorder's Office, said permanent sewer easement being more particularly described as follows: Commencing at the southeast corner of said Lot 80; thence westwardly along the south line of said Lot 80, a distance of 7.50 feet to a point in an existing 7.5 foot wide easement as established by said "HATHAWAY HILLS NO. 80, said point being the actual point of beginning; thence continuing westwardly along said south line, a distance of 15.00 feet to a point; thence northwardly and at right angles to said south line, a 7 distance of 20.00 feet to a point of curvature of a curve to the right having a radius of 77.50 feet; thence along said curve to the right, a distance of 49.03 feet to a point in the west line of the aforementioned existing 7.5 foot wide easement; thence southwardly along said west line, a distance of 65.83 feet to the point of beginning. Also, a temporary construction easement for the use during installation of said sewer on said Lot 80 and being more particularly described as follows: Commencing at the southeast corner of said Lot 80; thence westwardly along the south line of said Lot 80, a distance of 22.5 feet to the actual point of beginning; thence continuing westwardly along said South line, a distance of 30.00 feet to a point; thence northwardly and at right angles: to said south line, a distance of 50.00 feet to a point; thence northeastwardly along a straight line, a distance of 72.61 feet to a point in the north line of said Lot 80, said point being in the west line of the aforementioned existing 7.5 foot wide easement; thence southwardly along a line being 7.5 feet westwardly of and parallel to the east line of said Lot 80, said line being along the west line of said existing 7.5 foot; wide easement, a distance of 41.16 feet to a point, said point being the northernmost corner of the above-described permanent sewer easement, said northernmost corner being in a curve to the left having a radius of 77.5 feet; thence southwestwardly along said curve to the left, a distance of 49.03 feet to the point of tangency; thence continuing along the west line of said permanent sewer easement, a distance of 20.00 feet to the point of beginning. William C. Edwards and Beth L. Edwards, his wife. Parcel #7 A permanent sewer easement across a portion of Lot 81 of "HATHAWAY HILLS NO. 8" a subdivision, according to the plat thereof recorded in Plat Book 54, Page 37 of the St. Louis County, Missouri, Recorder's Office, said Lot 81 being conveyed to William C. Edwards and Beth L. Edwards, his wife, by deed recorded in Book 6305, Page 1381 of the St. Louis County, Missouri, Recorder's Office, said permanent sewer easement being more particularly described as follows: Commencing at the easternmost corner of Lot 81 of said "HATHAWAY HILLS NO. 8"; thence southwestwardly along the southeast line 8 of said Lot 82, being the northwest line of said Lot 81, a distance of 10.16 feet to the actual point of beginning, said point of beginning being 7.5 feet southwardly of and at right angles to the north line of said Lot 82; thence eastwardly along a line being 7.5 feet southwardly of and parallel to the north line of said Lot 81, a distance of 34.7 feet to a point, said point being 7.5 feet westwardly of and at right angles to the east line of said Lot 81; thence southwardly along a line being 7.5 feet westwardly of and parallel to said east line, a distance of 33.1 feet to a point in a curve to the left having a radius of 85.00 feet; thence northwestwardly along said curve to the left, a distance of 48.6 feet to a point in the aforementioned northwest line of said Lot 81; thence northeastwardly along said northwest line, a distance of 1.26 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 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. 9 The foregoing Ordinance was adopted April 11, 1984.