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HomeMy Public PortalAbout06260 O R D I N A N C E NO. 6260 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 Hanley Hills Sanitary Relief (S-2087) 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 River des Peres 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 and temporary easements being more particularly described as follows: 3 HANLEY HILLS SANITARY RELIEF (S-2087) Vincent Kelly Property Two (2) permanent sewer easements across parts of Lots 8 and 9 of GRAEF SUBDIVISION, a subdivision, according to the plat thereof recorded in Plat Book 15, Page 85 of the St. Louis County, Missouri, Recorder's Office and being across property conveyed to Vincent Kelly, by deed recorded in Book 7344, Page 46 of the St. Louis County Recorder's Office, said permanent sewer easements being more particularly described as follows: Permanent Sewer Easement #1 Beginning at the northwest corner of said Lot 9, said point being in the southern line of Eltora Avenue, 40.00 feet wide; thence along the western line of said GRAEF SUBDIVISION, south 5 degrees 19 minutes 00 seconds east a distance of 89.20 feet to a point, said point being in the western line of said Lot 8; thence along the western line of said Lot 8, south 0 degrees 41 minutes 00 seconds west a distance of 56.00 feet to a point; thence leaving said western line of Lot 8, north 22 degrees 11 minutes 00 seconds east a distance of 36.66 feet to a point; thence north 0 degrees 8 minutes 56 seconds west a distance of 108.03 feet to a point in the aforementioned southern line of Eltora Avenue, 40.00 feet wide; thence along said southern line of Eltora Avenue, north 82 degrees 35 minutes 00 seconds west a distance of 22.00 feet to the point of beginning. Permanent Sewer Easement #2 Beginning at the southwest corner of said Lot 8, said point being in the northern line of Page Avenue, 100.00 feet wide; thence along said northern line of Page Avenue, south 66 degrees 40 minutes 00 seconds east a distance of 38.50 feet to a point, said point being the southeast corner of property conveyed to Vincent Kelly, by deed recorded in Book 7344, Page 46 of the St. Louis County Recorder's Office; thence leaving said northern line of Page Avenue, north 22 degrees 11 minutes 00 seconds east a distance of 10.00 feet to a point, said point being in the east line of said Kelly property; thence leaving said east line and along a line being 10.00 feet northeastwardly of and parallel to said north line of Page Avenue, north 66 degrees 40 minutes 00 seconds west a distance of 42.61 feet to a point in the west line of said Lot 8; thence along said west line, south 0 degrees 41 minutes 00 seconds west a distance of 10.89 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 4 easements and being located across parts of Lots 8 and 9 of GRAEF SUBDIVISION, a subdivision, according to the plat thereof recorded in Plat Book 15, Page 85 of the St. Louis County, Missouri, Recorder's Office and being across property conveyed to Vincent Kelly by deed recorded in Book 7344, Page 46 of the St. Louis County Recorder's Office, said temporary construction easement being more particularly described as follows: Commencing at the southwest corner of said Lot 8, said point being in the northern line of Page Avenue, 100.00 feet wide; thence along the western line of said Lot 8, north 0 degrees 41 minutes 00 seconds east a distance of 10.89 feet to THE ACTUAL POINT OF BEGINNING of said temporary construction easement; thence leaving said western line of Lot 8, south 66 degrees 40 minutes 00 seconds east a distance of 2.50 feet to a point, said point being in the northern line of permanent easement #2 as described above; thence north 22 degrees 11 minutes 00 seconds east a distance of 70.34 feet to a point; thence north 0 degrees 8 minutes 56 seconds west a distance of 109.00 feet to a point, said point being in the northern line of said Lot 9 and also being in the southern line of Eltora Avenue, 40.00 feet wide; thence along said southern line of Eltora Avenue, north 82 degrees 35 minutes 00 seconds west a distance of 15.13 feet to a point; thence leaving said southern line of Eltora Avenue, south 0 degrees 8 minutes 56 seconds east a distance of 108.03 feet to a point; thence south 22 degrees 11 minutes 00 seconds west a distance of 36.66 feet to a point, said point being in the western line of said Lot 8; thence along said western line of Lot 8, south 00 degrees 41 minutes 00 seconds west a distance of 33.11 feet to the point of beginning. 5 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. The foregoing Ordinance was adopted November 27, 1985.