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HomeMy Public PortalAbout06177 O R D I N A N C E NO. 6177 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 storm sewers in the project known as Walton-Betty Lee (S-2225) 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, stormwater 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 storm 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 stormwater flooding and erosion 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: Walton-Betty Lee S-2225 Dixie Lee Mitchell Property A permanent sewer easement across a portion of Lots 5 and 6 in Block 3 of DAHLIADALE, a subdivision, according to the plat thereof recorded in Plat Book 23, Page 22 of the St. Louis County, Missouri, Recorder's Office and being across property conveyed to Dixie Lee Mitchell by deed recorded in Book 6771, Page 1822 of the St. Louis County Recorder's Office, said permanent sewer easement being more particularly described as follows: Commencing at the southwest corner of said Lot 6, said point being in the east line of Walton Road, 50 feet wide; thence along said east line of Walton Road, north 10 degrees 00 minutes 00 seconds east a distance of 13.33 feet to THE ACTUAL POINT OF BEGINNING of said permanent sewer easement; thence continuing along said east line, north 10 degrees 00 minutes 00 seconds east a distance of 15.76 feet to a point; thence leaving said east line of Walton Road, north 82 degrees 13 minutes 23 seconds east a distance of 77.33 feet to a point of curvature of a curve to the left having a radius of 92.50 feet; thence along said curve to the left having a radius of 92.50 feet in a northeastwardly direction an arc length of 37.29 feet to a point of reverse curvature; thence along a curve to the right having a radius of 107.50 feet in a northeastwardly direction an arc length of 29.45 feet to a point; thence leaving said curve, north 53 degrees 52 minutes 00 seconds west a distance of 6.53 feet to a point; thence north 79 degrees 52 minutes 00 seconds west a distance of 4.69 feet to a point; thence north 10 degrees 08 minutes 00 seconds east a distance of 10.00 feet to a point in the north line of the aforementioned Lot 5, said point being distant south 79 degrees 52 minutes 00 seconds east a distance of 120.00 feet from the northwest corner of said Lot 5; thence along said north line, south 79 degrees 52 minutes 00 seconds east a distance of 80.00 feet to the northeast corner of said Lot 5; thence along the east line of said Lot 5, south 10 degrees 00 minutes 00 seconds west a distance of 14.80 feet to a point, said point being in a curve to the right having a radius of 107.50 feet; thence along said curve to the right having a radius of 107.50 feet in a westwardly direction an arc length of 24.02 feet to a point of reverse curvature; thence along a curve to the 3 left having a radius of 92.50 feet in a westwardly and southwestwardly direction an arc length of 65.90 feet to a point of reverse curvature; thence along a curve to the right having a radius of 107.50 feet in a southwestwardly direction an arc length of 43.33 feet to the point of tangency; thence south 82 degrees 13 minutes 23 seconds west a distance of 82.13 feet to the point of beginning. Also a temporary construction easement for use in the construction or reconstruction of any sewer in the above-described sewer easement and being located across a portion of Lots 5 and 6 in Block 3 of DAHLIADALE, according to the plat thereof recorded in Plat Book 23, Page 22 of the St. Louis County, Missouri, Recorder's Office and as conveyed to Dixie Lee Mitchell by deed recorded in Book 6771, Page 1822 of the St. Louis County Recorder's Office, said temporary construction easement being more particularly described as follows: Beginning at the southwest corner of said Lot 6, said point being in the east line of Walton Road, 50 foot wide; thence along said east line of Walton Road, north 10 degrees 00 minutes 00 seconds east a distance 100.00 feet to the northwest corner of the aforementioned Lot 5; thence eastwardly along the north line of said Lot 5, south 79 degrees 52 minutes 00 seconds east a distance of 200.00 feet to the northeast corner of said Lot 5; thence along the east line of said Lot 5, south 10 degrees 00 minutes 00 seconds west a distance of 50.00 feet to the southeast corner of said Lot 5, said southeast corner also being the northeast corner of the aforesaid Lot 6; thence south 79 degrees 04 minutes 43 seconds west a distance of 139.18 feet to a point in the south line of said Lot 6; thence along said south line of Lot 6, north 79 degrees 52 minutes 00 seconds west a distance of 70.00 feet to the point of beginning, EXCEPTING THEREFROM the permanent sewer easement described above. Section Two. Counsel for The Metropolitan St. Louis Sewer District be and is hereby authorized to acquire by purchase is 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. 4 The foregoing Ordinance was adopted August 28, 1985.