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HomeMy Public PortalAbout06118 O R D I N A N C E NO. 6118 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 sanitary sewers in the project known as Stonebridge Apartments (P-12425) 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 Coldwater 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 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: McNeil Real Estate Fund VI, LTD., A California Limited Partnership A permanent easement, ten feet in width, across a portion of Parcel "A" of "Stonebridge", a subdivision recorded in Plat Book 157, Page 35 of the St. Louis County, Missouri, Recorder's Office, said easement being more particularly described as follows: Commencing at the southeast corner of property conveyed to Elmer and Kathleen Kowal, according to deed recorded in Deed Book 7549, Page 1005 of the St. Louis County, Missouri, Recorder's Office, also being a point on the northern R.O.W. line of Dunn Road, 100 feet wide; thence north 0 degrees 08'10" East, a distance of 160.03 feet to northeast corner of said Kowal property; thence south 84 degrees 11'33" east, a distance of 10.05 feet to the point of beginning, also being a point on the eastern line of an existing 10 foot wide easement, according to said plat of "Stonebridge"; thence along said easement line North 0 degrees 08'10" east, a distance of 5.02 feet, thence south 84 degrees 11'33" east, a distance of 155.37 feet to a point on the western line of an existing 10 foot wide easement, according to said plat of "Stonebridge"; thence along said easement line south 3 degrees 34'00" east, a distance of 10.14 feet; thence north 84 degrees 11'33" west, a distance of 156.05 feet; thence north 0 degrees 8'10" east a distance of 5.02 feet to the point of beginning. Also, a 20 foot wide Temporary Construction Easement for use during installation of said sewer, said Temporary Construction Easement being parallel and adjacent to the northern line of the above described 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. 3 The foregoing Ordinance was adopted June 26, 1985.