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HomeMy Public PortalAbout06504 O R D I N A N C E NO. 6504 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 8900 Powell Avenue Storm Sewer (S-2279) 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 Mississippi River Watershed wherein live and work numerous people; and WHEREAS, storm 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 providing for the construction of 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 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, together with temporary easements for working room during the construction or reconstruction 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: 3 8900 POWELL AVENUE STORM SEWER (S-2279) Morris Machine Tool Company Property Two (2) permanent sewer easements across part of U.S. Survey 1930, Township 45 North, Range 6 East, Brentwood, St. Louis County, Missouri, and being across property conveyed to Morris Machine Tool Company by deed recorded in Book 4348, Page 534 of the St. Louis County Recorder's Office, said permanent sewer easements being more particularly described as follows: Permanent Sewer Easement #1 Commencing at the Northwest corner of said Morris Machine Tool Company property; thence along the North line of said Morris Machine Tool Company property also being along the South line of the Missouri Pacific Railroad right-of-way South 68 degrees 39 minutes 00 seconds East, a distance of 288.00 feet; thence along a curve to the left whose radius point bears North 21 degrees 21 minutes 00 seconds East, a distance of 1959.86 feet from the last mentioned point, a distance of 121.28 feet to the POINT OF BEGINNING; thence continuing along said curve to the left having a radius of 1959.86 feet, a distance of 14.00 feet to a point; thence leaving said North line of Morris Machine Tool Company property South 15 degrees 21 minutes 08 seconds West, a distance of 227.44 feet to a point in the North line of a sewer easement as recorded in Book 1454, Page 358 of the St. Louis County Recorder's Office; thence along the North line of said easement North 72 degrees 42 minutes West, a distance of 21.73 feet to a point; thence along the East line of said easement North 17 degrees 18 minutes 00 seconds East, a distance of 227.34 feet to the POINT OF BEGINNING. Permanent Sewer Easement #2 Commencing at the Northwest corner of said Morris Machine Tool Company property; thence along the West line of said Morris Machine Tool Company property South 7 degrees 26 minutes 00 seconds West, a distance of 343.12 feet to a point on the North Bank of Deer Creek; thence along said North bank of Deer Creek South 72 degrees 59 minutes 00 seconds East, a distance of 204.17 feet to a point; thence South 82 degrees 35 minutes 00 seconds East, a distance of 161.54 feet to the POINT OF BEGINNING; thence leaving said North bank of Deer Creek North 15 degrees 21 minutes 08 seconds East, a distance of 46.80 feet to a point on the South line of a sewer easement as recorded in Book 1454, Page 358 of the St. Louis County Recorder's Office; thence along the South line of said sewer easement South 72 degrees 42 minutes 00 seconds East 15.01 feet to a point; thence leaving the South line of said sewer easement South 15 degrees 21 minutes 08 seconds West, a distance 4 of 44.20 feet to a point in the North bank of Deer Creek; thence along the North bank of Deer Creek North 82 degrees 35 minutes 00 seconds West, a distance of 15.14 feet to the POINT OF BEGINNING. Also two (2) temporary construction easements for use in the construction or reconstruction of any sewer in the above described sewer easements and being across part of U.S. Survey 1930, Township 45 North, Range 6 East, Brentwood, St. Louis County, Missouri, and being across property conveyed to Morris Machine Tool Company, by deed recorded in Book 4348, Page 534 of the St. Louis County Recorder's Office, said temporary construction easements being more particularly described as follows: Temporary Construction Easement #1 Beginning at the Northeast corner of the above described Permanent Sewer Easement #1; thence along the South line of the Missouri Pacific Railroad right-of-way along a curve to the left whose radius point bears North 17 degrees 14 minutes 56 seconds East, a distance of 1,959.86 feet from the point of beginning, a distance of 15.01 feet to a point; thence leaving said South line of Missouri Pacific Railroad right-of-way South 15 degrees 21 minutes 08 seconds West, a distance of 21 feet to a point; thence North 74 degrees 38 minutes 52 seconds West a distance of 7.5 feet to a point; thence South 15 degrees 21 minutes 08 seconds West a distance of 85 feet to a point; thence South 74 degrees 38 minutes 52 seconds East a distance of 7.5 feet to a point; thence South 15 degrees 21 minutes 08 seconds West a distance of 121.51 feet to a point in the North line of a sewer easement as recorded in Book 1454, Page 358 of the St. Louis County Recorder's Office; thence along the North line of said easement North 72 degrees 42 minutes 00 seconds West, a distance of 15.01 feet to the Southeast corner of the above described Permanent Sewer Easement #1; thence along the East line of the above described Permanent Sewer Easement #1 North 15 degrees 21 minutes 08 seconds East, a distance of 227.44 feet to the POINT OF BEGINNING. Temporary Construction Easement #2 Beginning at the Southeast corner of the above described Permanent Sewer Easement #2; thence along the East line of the above described Permanent Sewer Easement #2 North 15 degrees 21 minutes 08 seconds east, a distance of 44.20 feet to the Northeast corner of the above described Permanent Sewer Easement #2; thence along the South line of a sewer easement as recorded in Book 1454, Page 358 of the St. Louis County Recorder's Office South 72 degrees 42 minutes 00 seconds east, a distance of 15.01 feet to a point; thence leaving the South line of said easement South 15 degrees 21 minutes 08 seconds West, a distance of 41.60 feet to a point in the North bank of Deer Creek; thence along said North bank of Deer Creek North 82 degrees 35 minutes 00 seconds West, a distance of 15.15 feet to the POINT OF BEGINNING. 5 8900 POWELL AVENUE STORM SEWER (S-2279) A permanent sewer easement across part of U.S. Survey 1930, Township 45 North, Range 6 East, Brentwood, St. Louis County, Missouri, and being more particularly described as follows: Commencing at the Northwest corner of property conveyed to Morris Machine Tool Company by deed recorded in Book 4348, Page 534 of the St. Louis County Recorder's Office; thence along the West line of said Morris Machine Tool Company property South 7 degrees 26 minutes 00 seconds West, a distance of 343.12 feet to a point on the North bank of Deer Creek; thence along the North bank of Deer Creek South 72 degrees 59 minutes 00 seconds East, a distance of 204.17 feet; thence South 82 degrees 35 minutes 00 seconds East, a distance of 161.44 feet to the POINT OF BEGINNING; thence continuing South 82 degrees 35 minutes 00 seconds East, a distance of 15.34 feet to a point; thence leaving said North bank of Deer Creek South 4 degrees 38 minutes 52 seconds East, a distance of 18.40 feet to a point; thence South 85 degrees 21 minutes 08 seconds West, a distance of 15.00 feet to a point; thence North 4 degrees 38 minutes 52 seconds West, a distance of 21.60 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 Permanent Sewer Easement and being located across part of U.S. Survey 1930, Township 45 North, Range 6 East, Brentwood, St. Louis County, Missouri, and being more particularly described as follows: Beginning at the Northeast corner of the above described Permanent Sewer Easement; thence along the North bank of Deer Creek South 82 degrees 35 minutes 00 seconds East, a distance of 15.34 feet to a point; thence leaving the North bank of Deer Creek South 4 degrees 38 minutes 52 seconds West, a distance of 30.19 feet to a point; thence South 85 degrees 21 minutes 08 seconds West, a distance of 45.00 feet to a point; thence North 4 degrees 38 minutes 52 seconds East, a distance of 39.81 feet to a point in the North bank of Deer Creek; thence along the North bank of Deer Creek South 82 degrees 35 minutes 00 seconds East, a distance of 15.34 feet to the Northwest corner of the above described Permanent Sewer Easement; thence along the West line of the above described Permanent Sewer Easement South 4 degrees 38 minutes 52 seconds East, a distance of 21.60 feet to the Southwest corner of the above described Permanent Sewer Easement; thence along the South line of the above described Permanent Sewer Easement North 85 degrees 21 minutes 00 seconds East, a distance of 15.00 feet to the Southeast corner of the above described Permanent Sewer Easement; thence along the East line of the above described Permanent Sewer Easement North 4 degrees 38 minutes 52 seconds West, a distance of 18.40 feet to the POINT OF BEGINNING. 6 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 hereinafter set out. The foregoing Ordinance was adopted April 23, 1986.