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HomeMy Public PortalAbout06775 O R D I N A N C E NO. 6775 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 the Kennerly Manor Sanitary Outfall Sewer (P-14133) 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 known as the Lower Meramec 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 providing for the construction of sanitary sewers for 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 construction of sanitary sewers 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 property and permanent and temporary easements being more particularly described as follows: 3 CHATEAU CHURA - AMENDED PLAT LOT #1 (MSD P-14133) Patti Property 28M-13-0165 (Parcel #1) A permanent sewer easement ten (10) foot in width, across Lot 1 of CHATEAU CHURA - AMENDED PLAT as recorded in Plat Book 190, Page 25 of the St. Louis County Recorder's Office, being part of U. S. Survey 3113, Township 44 North, Range 5 East, St. Louis County, Missouri, and being more particularly described as follows: Commencing at the southwest corner of said Lot 1 of CHATEAU CHURA - AMENDED PLAT; thence along the westerly line of said Lot 1 north 38 degrees 29 minutes 31 seconds west 106.86 feet to THE ACTUAL POINT OF BEGINNING; thence continuing along said westerly line north 38 degrees 29 minutes 31 seconds west 11.68 feet; thence leaving said westerly line and continuing along the northerly line of the hereinafter described tract of land the following courses and distances north 82 degrees 39 minutes 08 seconds east 45.13 feet, south 49 degrees 52 minutes 53 seconds east 82.74 feet, north 66 degrees 37 minutes 48 seconds east 197.19 feet, and north 61 degrees 06 minutes 58 seconds east 150.04 feet to the westerly line of Lot 2 of the aforementioned CHATEAU CHURA - AMENDED PLAT; thence along said westerly line, south 36 degrees 57 minutes 12 seconds east 10.10 feet; thence leaving said westerly line and continuing along the southerly line of the hereinafter described tract of land the following courses and distances, south 61 degrees 06 minutes 58 seconds west 151.94 feet, south 66 degrees 37 minutes 48 seconds west 203.86 feet, north 49 degrees 52 minutes 53 seconds west 84.53 feet, and south 82 degrees 39 minutes 08 seconds west 34.69 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 easement and being across said Lot 1 of CHATEAU CHURA - AMENDED PLAT, said temporary construction easements being more particularly described as follows: TEMPORARY CONSTRUCTION EASEMENT #1 Commencing at the southwest corner of Lot 1 of the aforementioned CHATEAU CHURA - AMENDED PLAT; thence along the westerly line of said Lot 1, north 38 degrees 29 minutes 31 seconds west 83.49 feet to THE ACTUAL POINT OF BEGINNING; thence continuing along said westerly line north 38 degrees 29 minutes 31 seconds west 23.37 feet; thence leaving said westerly line and continuing along the 4 northerly line of the hereinafter described tract of land the following courses and distances: north 82 degrees 39 minutes 08 seconds east 34.69 feet, south 49 degrees 52 minutes 53 seconds east 84.53 feet, north 66 degrees 37 minutes 48 seconds east 203.86 feet, and north 61 degrees 06 minutes 58 seconds east 151.94 feet to the westerly line of Lot 2 of the aforementioned CHATEAU CHURA - AMENDED PLAT; thence along said westerly line south 36 degrees 57 minutes 12 seconds east 12.08 feet to the southerly line of the aforementioned Lot 1; thence along said southerly line the following courses and distances: south 63 degrees 07 minutes 20 seconds west 329.41 feet and south 66 degrees 07 minutes 20 seconds west 42.68 feet; thence leaving said southerly line and continuing along the southwesterly line of the hereinafter described tract of land the following courses and distances: north 49 degrees 52 minutes 53 seconds west 85.52 feet and south 82 degrees 39 minutes 08 seconds west 13.81 feet to the point of beginning. TEMPORARY CONSTRUCTION EASEMENT #2 Commencing at the southwesterly corner of Lot 1 of the aforementioned CHATEAU CHURA - AMENDED PLAT; thence along the westerly line of said Lot 1, north 38 degrees 29 minutes 31 seconds west 118.54 feet to THE ACTUAL POINT OF BEGINNING; thence continuing along said westerly line north 38 degrees 29 minutes 31 seconds west 23.37 feet; thence leaving said westerly line and continuing along northerly line of hereinafter described tract of land the following courses and distances: north 82 degrees 39 minutes 08 seconds east 66.01 feet, south 49 degrees 52 minutes 53 seconds east 79.16 feet, north 66 degrees 37 minutes 48 seconds east 183.85 feet, and north 61 degrees 06 minutes 58 seconds east 146.25 feet to the westerly line of Lot 2 of the aforementioned CHATEAU CHURA - AMENDED PLAT; thence along said westerly line south 36 degrees 57 minutes 12 seconds east 20.20 feet; thence leaving said westerly line and continuing along the southerly line of the hereinafter described tract of land the following courses and distances: south 61 degrees 06 minutes 58 seconds west 150.04 feet, south 66 degrees 37 minutes 48 seconds west 197.19 feet, north 49 degrees 52 minutes 53 seconds west 81.74 feet, and south 82 degrees 39 minutes 08 seconds west 45.13 feet to the point of beginning. 5 CHATEAU CHURA - AMENDED PLAT LOT #2 (MSD P-14133) McKuin Property 28M-13-0154 (Parcel #2) A permanent sewer easement ten (10) foot in width, across Lot 2 of CHATEAU CHURA - AMENDED PLAT as recorded in Plat Book 190, Page 25 of the St. Louis County Recorder's Office, being part of U. S. Survey 3113, Township 44 North, Range 5 East, St. Louis County, Missouri, and being more particularly described as follows: Commencing at the southwest corner of Lot 2 of CHATEAU CHURA - AMENDED PLAT; thence along the westerly line of said Lot 2 north 36 degrees 57 minutes 12 seconds west 12.08 feet to THE ACTUAL POINT OF BEGINNING; thence continuing along said westerly line north 36 degrees 57 minutes 12 seconds west 10.10 feet; thence leaving said westerly line and continuing along the northerly line of the hereinafter described tract of land the following courses and distances: north 61 degrees 06 minutes 58 seconds east 131.19 feet, north 41 degrees 33 minutes 45 seconds east 183.70 feet, north 11 degrees 48 minutes 36 seconds west 139.98 feet, and north 48 degrees 04 minutes 59 seconds east 23.12 feet to the westerly line of Lot 3 of the aforementioned CHATEAU CHURA - AMENDED PLAT: thence along said westerly line, south 11 degrees 48 minutes 35 seconds east 11.56 feet; thence leaving said westerly line and continuing along the southerly line of the hereinafter described tract of land the following courses and distances: south 48 degrees 04 minutes 59 seconds west 11.56 feet, south 11 degrees 48 minutes 36 seconds east 139.24 feet, south 41 degrees 33 minutes 45 seconds west 190.45 feet, and south 61 degrees 06 minutes 58 seconds west 131.50 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 easement and being across said Lot 2 of CHATEAU CHURA - AMENDED PLAT, said temporary construction easements being more particularly described as follows: TEMPORARY CONSTRUCTION EASEMENT #1 Beginning at the southwest corner of Lot 2 of the aforementioned CHATEAU CHURA - AMENDED PLAT; thence along the westerly line of said Lot 2, north 36 degrees 57 minutes 12 seconds west 12.08 feet; thence leaving said westerly line and continuing along the northerly line of the hereinafter described tract of land the following courses and distances: north 61 degrees 06 minutes 58 6 seconds east 131.50 feet, north 41 degrees 33 minutes 45 seconds east 190.45 feet, north 11 degrees 48 minutes 36 seconds west 139.24 feet, and north 48 degrees 04 minutes 59 seconds east 11.56 feet to the westerly line of Lot 3 of the aforementioned CHATEAU CHURA - AMENDED PLAT; thence along said westerly line south 11 degrees 48 minutes 35 seconds east 162.53 feet; thence leaving said westerly line south 41 degrees 33 minutes 45 seconds west 64.73 feet to the southerly line of the aforementioned Lot 2; thence along said southerly line the following courses and distances, south 49 degrees 49 minutes 20 seconds west 187.83 feet, south 63 degrees 07 minutes 20 seconds west 68.55 feet to the point of beginning. TEMPORARY CONSTRUCTION EASEMENT #2 Commencing at the southwest corner of Lot 2 of the aforementioned CHATEAU CHURA - AMENDED PLAT; thence along said westerly line north 36 degrees 57 minutes 12 seconds west 22.18 feet to THE ACTUAL POINT OF BEGINNING; thence continuing along said westerly line north 36 degrees 57 minutes 12 seconds west 20.20 feet; thence leaving said westerly line and along the northerly line of the hereinafter described tract of land the following courses and distances: north 61 degrees 06 minutes 58 seconds east 130.58 feet, north 41 degrees 33 minutes 45 seconds east 170.21 feet, north 11 degrees 48 minutes 36 seconds west 141.45 feet, and north 48 degrees 04 minutes 59 seconds east 46.24 feet to the westerly line of Lot 3 of the aforementioned CHATEAU CHURA - AMENDED PLAT; thence along said westerly line south 11 degrees 48 minutes 35 seconds east 23.12 feet; thence leaving said westerly line and along the southerly line of the hereinafter described tract of land the following courses and distances: south 48 degrees 04 minutes 59 seconds west 23.12 feet, south 11 degrees 48 minutes 36 seconds east 139.98 feet, south 41 degrees 33 minutes 45 seconds west 183.70 feet, and south 61 degrees 06 minutes 58 seconds west 131.19 feet to the point of beginning. 7 CHATEAU CHURA - AMENDED PLAT LOT #3 (MSD P-14133) George Property 28M.14-0087 (Parcel #3) A permanent sewer easement ten (10) foot in width, across Lot 3 of CHATEAU CHURA - AMENDED PLAT as recorded in Plat Book 190, Page 25 of the St. Louis County Recorder's Office, being part of U. S. Survey 3113, Township 44 North, Range 5 East, St. Louis County, Missouri, and being more particularly described as follows: Commencing at the southwest corner of Lot 3 of CHATEAU CHURA - AMENDED PLAT; thence along the westerly line of said Lot 3 north 11 degrees 48 minutes 35 seconds west 173.10 feet to THE ACTUAL POINT OF BEGINNING; thence continuing along said westerly line north 11 degrees 48 minutes 35 seconds west 11.56 feet; thence leaving said westerly line and continuing along the northerly line of the hereinafter described tract of land the following courses and distances: north 48 degrees 04 minutes 59 seconds east 375.86 feet and north 55 degrees 58 minutes 00 seconds east 11.73 feet, to the westerly line of land now or formerly of Viola Hunkler as described in Deed Book 6462, Page 450 of the St. Louis County Records; thence along said westerly line, south 38 degrees 28 minutes 30 seconds east 10.03 feet; thence leaving said westerly line and continuing along the southerly line of the hereinafter described tract of land the following courses and distances: south 55 degrees 58 minutes 00 seconds west 11.82 feet and south 48 degrees 04 minutes 59 seconds west 380.97 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 easement and being across said Lot 3 of CHATEAU CHURA - AMENDED PLAT, said temporary construction easements being more particularly described as follows: TEMPORARY CONSTRUCTION EASEMENT #1 Commencing at the southwest corner of Lot 3 of the aforementioned CHATEAU CHURA - AMENDED PLAT; thence along the westerly line of said Lot 3, north 11 degrees 48 minutes 35 seconds west 10.57 feet to THE ACTUAL POINT OF BEGINNING; thence continuing along said westerly line north 11 degrees 48 minutes 35 seconds west 162.53 feet; thence leaving said westerly line and continuing along the northerly line of the hereinafter described tract of land the following courses and distances: north 48 degrees 04 minutes 59 seconds east 380.97 feet and north 55 degrees 58 minutes 00 seconds 8 east 11.82 feet to the westerly line of the aforementioned Hunkler land; thence along said westerly line south 38 degrees 28 minutes 30 seconds east 20.06 feet; thence leaving said westerly line and continuing along the southerly line of the hereinafter described tract of land the following courses and distances: south 55 degrees 58 minutes 00 seconds west 11.99 feet, south 48 degrees 04 minutes 59 seconds west 379.63 feet, south 11 degrees 48 minutes 36 seconds east 137.78 feet, and south 41 degrees 33 minutes 45 seconds west 12.46 feet to the point of beginning. TEMPORARY CONSTRUCTION EASEMENT #2 Commencing at the southwest corner of Lot 3 of the aforementioned CHATEAU CHURA - AMENDED PLAT, thence along the westerly line of said Lot 3 north 11 degrees 48 minutes 35 seconds west 184.66 feet to the ACTUAL POINT OF BEGINNING; thence continuing along said westerly line north 11 degrees 48 minutes 35 seconds west 23.12 feet; thence leaving said westerly line and continuing along the northerly line of the hereinafter described tract of land the following courses and distances: north 48 degrees 04 minutes 59 seconds east 365.65 feet and north 55 degrees 58 minutes 00 seconds east 11.56 feet to the westerly line of the aforementioned Hunkler land; thence along said westerly line south 38 degrees 28 minutes 30 seconds east 20.06 feet; thence leaving said westerly line and continuing along the southerly line of the hereinafter described tract of land the following courses and distances: south 55 degrees 58 minutes 00 seconds west 11.73 feet and south 48 degrees 04 minutes 59 seconds west 375.87 feet to the point of beginning. 9 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 October 1, 1986.