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HomeMy Public PortalAbout06829 O R D I N A N C E NO. 6829 AN ORDINANCE, repealing Ordinance No. 6775, adopted October 1, 1986, and enacting a new ordinance in lieu thereof, 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 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. Ordinance No. 6775, adopted October 1, 1986, is hereby repealed. Section Two. 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 CHATEAU CHURA - AMENDED PLAT LOT #1 (MSD P-14133) Patti Property 28M-13-0165 (Parcel #1) Revised 10/7/86 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 a distance of 106.86 feet to THE ACTUAL POINT OF BEGINNING; thence continuing along said westerly line, north 38 degrees 29 minutes 31 seconds west a distance of 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 a distance of 45.13 feet, south 49 degrees 52 minutes 53 seconds east a distance of 82.74 feet, north 66 degrees 37 minutes 48 seconds east a distance of 197.19 feet, and north 61 degrees 06 minutes 58 seconds east a distance of 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, south 61 degrees 06 minutes 58 seconds west 151.94 feet; thence south 66 degrees 37 minutes 48 seconds west a distance of 192.68 feet; thence south 49 degrees 52 minutes 53 seconds east a distance of 19.43 feet to the southerly line of the aforementioned Lot 1; thence along said southerly line, south 66 degrees 07 minutes 20 seconds west a distance of 11.12 feet; thence leaving said southerly line of Lot 1, north 49 degrees 52 minutes 53 seconds west a distance of 104.07 feet; thence south 82 degrees 39 minutes 08 seconds west a distance of 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 permanent sewer easement, being across said Lot 1 of CHATEAU CHURA - AMENDED PLAT, said temporary construction easements being more particularly described as follows: 4 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 a distance of 83.49 feet to THE ACTUAL POINT OF BEGINNING; thence continuing along said westerly line, north 38 degrees 29 minutes 31 seconds west a distance of 23.37 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 a distance of 34.69 feet, south 49 degrees 52 minutes 53 seconds east a distance of 84.53 feet, north 66 degrees 37 minutes 48 seconds east a distance of 203.86 feet, and north 61 degrees 06 minutes 58 seconds east a distance of 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 a distance of 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 a distance of 329.41 feet, and south 66 degrees 07 minutes 20 seconds west a distance of 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 a distance of 85.52 feet and south 82 degrees 39 minutes 08 seconds west a distance of 13.81 feet to the point of beginning, EXCEPTING THEREFROM that part thereof being in the permanent sewer easement described above. 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 a distance of 118.54 feet to THE ACTUAL POINT OF BEGINNING; thence continuing along said westerly line, north 38 degrees 29 minutes 31 seconds west a distance of 23.37 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 a distance of 66.01 feet, south 49 degrees 52 minutes 53 seconds east a distance of 79.16 feet, north 66 degrees 37 minutes 48 seconds east a distance of 183.85 feet, and north 61 degrees 06 minutes 58 seconds east a distance of 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 a distance of 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 a distance of 150.04 feet, south 66 degrees 37 minutes 48 seconds west a distance of 197.19 feet, north 49 degrees 52 minutes 53 seconds west a distance of 81.74 5 feet, and south 82 degrees 39 minutes 08 seconds west a distance of 45.13 feet to the point of beginning. 6 CHATEAU CHURA - AMENDED PLAT LOT #2 (MSD P#14133) McKuin Property 28M-13-0154 (Parcel #2) Revised 10/7/86 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 a distance of 12.08 feet to THE ACTUAL POINT OF BEGINNING; thence continuing along said westerly line, north 36 degrees 57 minutes 12 seconds west a distance of 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 a distance of 131.19 feet, north 41 degrees 33 minutes 45 seconds east a distance of 183.70 feet, north 11 degrees 48 minutes 36 seconds west a distance of 139.98 feet, and north 48 degrees 04 minutes 59 seconds east a distance of 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 36 seconds east a distance of 11.56 feet; thence leaving said westerly line, south 48 degrees 04 minutes 59 seconds west a distance of 11.56 feet; thence south 11 degrees 48 minutes 36 seconds east a distance of 134.69 feet; thence south 55 degrees 05 minutes 25 seconds east a distance of 14.58 feet to the northeastern line of said Lot 2; thence along the northeastern line of the aforementioned Lot 2, south 11 degrees 48 minutes 36 seconds east a distance of 14.59 feet; thence leaving said northeastern line, north 55 degrees 05 minutes 25 seconds west a distance of 22.70 feet; thence south 41 degrees 33 minutes 45 seconds west a distance of 183.52 feet; thence south 61 degrees 06 minutes 58 seconds west a distance of 51.30 feet; thence south 28 degrees 53 minutes 02 seconds east a distance of 12.36 feet to the southeastern line of said Lot 2; thence along the southeastern line of the aforementioned Lot 2, south 49 degrees 49 minutes 20 seconds west a distance of 10.19 feet; thence leaving said southeastern line, north 28 degrees 53 minutes 02 seconds west a distance of 14.36 feet; thence south 61 degrees 06 minutes 58 seconds west a 7 distance of 70.20 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 permanent 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 a distance of 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 seconds east a distance of 131.50 feet, north 41 degrees 33 minutes 45 seconds east a distance of 190.45 feet, north 11 degrees 48 minutes 36 seconds west a distance of 139.24 feet, and north 48 degrees 04 minutes 59 seconds east a distance of 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 a distance of 162.53 feet; thence leaving said westerly line, south 41 degrees 33 minutes 45 seconds west a distance of 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 a distance of 187.83 feet, south 63 degrees 07 minutes 20 seconds west a distance of 68.55 feet to the point of beginning, EXCEPTING THEREFROM that part thereof being in the permanent sewer easement described above. 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 a distance of 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 a distance of 130.58 feet, north 41 degrees 33 minutes 45 seconds east a distance of 170.21 feet, north 11 degrees 48 minutes 36 seconds west a distance of 141.45 feet, and north 48 degrees 04 minutes 59 seconds east a distance of 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 a distance of 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 a distance of 23.12 feet, south 8 11 degrees 48 minutes 36 seconds east a distance of 139.98 feet, south 41 degrees 33 minutes 45 seconds west a distance of 183.70 feet, and south 61 degrees 06 minutes 58 seconds west a distance of 131.19 feet to the point of beginning. 9 CHATEAU CHURA - AMENDED PLAT LOT #3 (MSD P#14133) George Property 28M-14-0087 (Parcel #3) Revised 10/7/86 Two (2) permanent sewer easements across parts of 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: PERMANENT SEWER EASEMENT #1 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 a distance of 173.10 feet to THE ACTUAL POINT OF BEGINNING; thence continuing along said westerly line, north 11 degrees 48 minutes 35 seconds west a distance of 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 a distance of 375.86 feet, and north 55 degrees 58 minutes 00 seconds east a distance of 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 a distance of 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 a distance of 11.82 feet, and south 48 degrees 04 minutes 59 seconds west a distance of 380.97 feet to the point of beginning. PERMANENT SEWER EASEMENT #2 Beginning at the southwest corner of Lot 3 of the aforementioned CHATEAU CHURA - AMENDED PLAT; thence along the southwestern line of said Lot 3, north 11 degrees 48 minutes 36 seconds west a distance of 21.99 feet; thence leaving said southwestern line, south 55 degrees 05 minutes 25 seconds east a distance of 20.02 feet to the southeastern line of said Lot 3; thence along said southeastern line, south 49 degrees 49 minutes 20 seconds west a distance of 15.60 feet to the point of beginning. Also two (2) temporary construction easements for use in the 10 construction or reconstruction of any sewer in the above described two (2) permanent sewer easements 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 a distance of 21.99 feet to THE ACTUAL POINT OF BEGINNING; thence continuing along said westerly line, north 11 degrees 48 minutes 35 seconds west a distance of 151.11 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 a distance of 380.97 feet, and north 55 degrees 58 minutes 00 seconds east a distance of 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 a distance of 20.06 feet: thence leaving said westerly line, south 55 degrees 58 minutes 00 seconds west a distance of 11.99 feet; thence south 48 degrees 04 minutes 59 seconds west a distance of 379.63 feet; thence south 11 degrees 48 minutes 36 seconds east a distance of 129.83 feet; thence south 55 degrees 05 minutes 25 seconds east a distance of 18.71 feet to the southerly line of said Lot 3; thence along said southerly line, south 49 degrees 49 minutes 20 seconds west a distance of 10.35 feet; thence leaving said southerly line, north 55 degrees 05 minutes 25 seconds west a distance of 20.02 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 a distance of 184.66 feet to THE ACTUAL POINT OF BEGINNING; thence continuing along said westerly line, north 11 degrees 48 minutes 35 seconds west a distance of 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 a distance of 365.65 feet, and north 55 degrees 58 minutes 00 seconds east a distance of 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 a distance of 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 a distance of 11.73 feet and south 48 degrees 04 minutes 59 seconds west a distance of 375.87 feet to the point of beginning. 11 Section Three. 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 November 5, 1986.