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HomeMy Public PortalAbout06893 O R D I N A N C E NO. 6893 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 Maline Trunk Relief Sewer Phase 2, Section A (86171) 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 Maline Creek 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 certain 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 MALINE TRUNK RELIEF SEWER PHASE II - SECTION A 86171 ROBERT ROY PROPERTY 12F52-0196 PARCEL 2 A permanent sewer easement, 15 foot in width, across a part of Lot 4 of Twill Court No. 2, Township 46 North, Range 7 East, City of Moline Acres, St. Louis County, Missouri, and across the property conveyed to Robert Roy N/F by deed recorded in Book 7110, Page 1774 of the St. Louis County Recorder's Office, the centerline of said 15 foot wide sewer easement being more particularly described as follows: Commencing at the southwest corner of said Lot 4, also being the north right-of-way line of Sunbeam Lane, 50 feet wide; thence along the west line of said Lot 4, North 7 degrees 5 minutes East, a distance of 224.13 feet to the ACTUAL POINT OF BEGINNING of said 15 foot wide permanent sewer easement; thence along the centerline of said permanent sewer easement, North 82 degrees 56 minutes 20 seconds East, a distance of 112.58 feet to the point of ending of said 15 foot wide permanent sewer easement, said point being North 8 degrees 13 minutes East, 302.98 feet from the southeast corner of the above described property. 4 MALINE TRUNK RELIEF SEWER PHASE II - SECTION A 86171 ROBERT ROY PROPERTY 12F52-0196 PARCEL 2 Permanent Easement 1532.38 sq. ft. Total Area Subject Property 40070.42 sq. ft. 5 MALINE TRUNK RELIEF SEWER PHASE II - SECTION A 86171 ROBERT AND GLORIA HESTER PROPERTY 12F52-0163 PARCEL 3 A permanent sewer easement, 15 foot in width, across a part of Lot 3 of Twill Court No. 2, Township 46 North, Range 7 East, City of Moline Acres, St. Louis County, Missouri, and across property conveyed to Robert and Gloria Hester by deed recorded in Book 6724, Page 452 of the St. Louis County Recorder's Office, the centerline of said 15 foot wide sewer easement being more particularly described as follows: Commencing at the southwest corner of said Lot 3; thence along the western line of Lot 3, North 5 degrees 57 minutes East, a distance of 220.61 feet to the ACTUAL POINT OF BEGINNING of said 15 foot wide permanent sewer easement; thence along the centerline of said permanent sewer easement, North 82 degrees 56 minutes 20 seconds East, a distance of 111.51 feet to the point of ending of said 15 foot wide permanent sewer easement, said point being North 7 degrees 05 minutes East, 224.13 feet from the southeast corner of the above described property. Also, two (2) temporary construction easements for use in the construction, reconstruction, maintenance or repair of any sewer in the above described permanent sewer easement and being located on each side of the above described 15 foot wide permanent sewer easement, more particularly described as follows: Temporary Sewer Easement #1 Commencing at the southwest corner of said Lot 3; thence along the western line of Lot 3, North 5 degrees 57 minutes East, a distance of 228.31 feet to the ACTUAL POINT OF BEGINNING of said temporary construction easement; thence continuing along the western line of said Lot 3, North 5 degrees 57 minutes East, a distance of 52.27 feet to a point; thence North 85 degrees 10 minutes 9 seconds East, a distance of 111.81 feet to a point, said point being on the eastern line of Lot 3; thence along said lot line, South 7 degrees 5 minutes West, a distance of 56.48 feet to a point, said point being on the north line of the above described permanent sewer easement; thence along the north line of the above described easement, South 82 degrees 56 minutes 20 seconds West, a distance of 111.67 feet to the point of beginning. Temporary Sewer Easement #2 Commencing at the southwest corner of said Lot 3; thence along the western line of Lot 3, North 5 degrees 57 minutes East, a distance of 170.61 feet to the ACTUAL POINT OF BEGINNING of said temporary 6 construction easement; thence South 84 degrees 6 minutes 52 seconds East, a distance of 107.17 feet to a point, said point being on the eastern line of Lot 3; thence along said lot line, North 7 degrees 5 minutes East, a distance of 67.27 feet to a point, said point being on the south line of the above described permanent sewer easement; thence along the south line of the above described easement, South 82 degrees 56 minutes 20 seconds West, a distance of 111.36 feet to a point, said point being on the western line of Lot 3; thence along said lot line, South 5 degrees 57 minutes West, a distance of 42.30 feet to the point of beginning. 7 MALINE TRUNK RELIEF SEWER PHASE II - SECTION A 86171 ROBERT AND GLORIA HESTER PROPERTY 12F52-0163 PARCEL 3 Permanent Easement 1674.45 sq. ft. Temporary Construction Easement #1 5931.75 sq. ft. Temporary Construction Easement #2 5898.42 sq. ft. Total Area Subject Property 36420.03 sq. ft. 8 MALINE TRUNK RELIEF SEWER PHASE II - SECTION A 86171 CLEATHO COLLINS PROPERTY 12F52-0174 PARCEL 4 A permanent sewer easement 15 foot in width across Lot 2 of Twill Court No. 2, a subdivision, according to the plat thereof recorded in Plat Book 52, Page 22 of the St. Louis County, Missouri Recorder's Office and being across property conveyed to Cleatho Collins, by deed recorded in Book 7363, Page 1527 of the St. Louis County Recorder's Office, the centerline of said 15 foot wide sewer easement being more particularly described as follows: Commencing at the southwest corner of said Lot 2, said point being on the northerly line of Sunbeam Lane, 50.00 foot wide; thence along the western line of said Lot 2, North 5 degrees 57 minutes East, a distance of 220.70 feet to THE ACTUAL POINT OF BEGINNING of the centerline of said 15 foot wide permanent sewer easement; thence on the centerline of said permanent sewer easement, South 77 degrees 25 minutes 24 seconds East, a distance of 99.06 feet to a point; thence North 82 degrees 56 minutes 20 seconds East, a distance of 31.97 feet to a point on the easterly line of said Lot 2, said point on the easterly line of said Lot 2 being 220.61 feet from the southeast corner of said Lot 2. Also, two (2) temporary construction easements for use in the construction, reconstruction, maintenance or repair of any sewer in the above described permanent sewer easement and being located on each side of the above described 15 foot wide permanent sewer easement, more particularly described as follows: Temporary Sewer Easement #1 Commencing at the southwest corner of said Lot 2, said point being on the northerly line of Sunbeam Lane, 50.00 foot wide; thence along the western line of said Lot 2, North 5 degrees 57 minutes East, a distance of 165.70 feet to the ACTUAL POINT OF BEGINNING of said temporary construction easement; thence South 84 degrees 23 minutes 20 seconds East, a distance of 129.55 feet to a point on the easterly line of said Lot 2, said point being 170.61 feet from the southeast corner of said Lot 2; thence North 5 degrees 57 minutes East on the easterly line of said Lot 2, a distance of 42.30 feet to a point, said point being on the south line of the permanent easement described above; thence on the south line of the above described permanent easement, South 82 degrees 56 minutes 20 seconds West, a distance of 31.53 feet to a point; thence North 77 degrees 25 minutes 24 seconds West along the southerly line of the above described permanent easement, a distance of 99.50 feet to a point on the westerly line of said Lot 2; thence South 5 degrees 57 minutes West on the westerly line of 9 said Lot 2, a distance of 47.45 feet to the point of beginning. Temporary Easement #2 Commencing at the southwest corner of Lot 2, said point being on the northerly line of Sunbeam Lane, 50 foot wide; thence on the western line of said Lot 2, North 5 degrees 57 minutes East, a distance of 228.25 feet to the ACTUAL POINT OF BEGINNING of said temporary construction easement, said point also being on the north line of the above described permanent sewer easement; thence South 77 degrees 25 minutes 24 seconds East on the north line of the above described permanent sewer easement, a distance of 98.63 feet to a point; thence North 82 degrees 56 minutes 20 seconds East on the north line of the above described permanent sewer easement, a distance of 32.41 feet to a point on the easterly line of said Lot 2, said point being 186.01 feet from the southeast corner of said Lot 2; thence North 5 degrees 57 minutes East on the easterly line of said Lot 2, a distance of 56.48 feet to a point; thence South 82 degrees 56 minutes 20 seconds East, a distance of 45.81 feet to a point; thence North 77 degrees 25 minutes 24 seconds West, a distance of 85.49 feet to a point in the westerly line of said Lot 2; thence South 5 degrees 57 minutes West, a distance of 51.95 feet to the point of beginning. 10 MALINE TRUNK RELIEF SEWER PHASE II - SECTION A 86171 CLEATHO COLLINS PROPERTY 12F52-0174 PARCEL 4 Permanent Easement 1965.57 sq. ft. Temporary Construction Easement #1 5286.49 sq. ft. Temporary Construction Easement #2 6902.58 sq. ft. Total Area Subject Property 43399.68 sq. ft. 11 MALINE TRUNK RELIEF SEWER PHASE II - SECTION A 86171 MARK STEGEN PROPERTY 12F52-0185 PARCEL 5 A permanent sewer easement, 15 foot in width, across Lot 1 of Twill Court No. 2, a subdivision, according to the plat thereof recorded in Plat Book 52, Page 22 of the St. Louis County, Missouri Recorder's Office and being across property conveyed to Mark Stegen, by deed recorded in Book 7813, Page 2020 of the St. Louis County Recorder's Office, the centerline of said 15 foot wide sewer easement being more particularly described as follows: Commencing at the southeast corner of said Lot 1, said point being in the northerly line of Sunbeam Lane, 50.0 feet wide; thence along the easterly line of said Lot 1, North 05 degrees 57 minutes East, a distance of 220.70 feet to THE ACTUAL POINT OF BEGINNING of the centerline of said 15 foot wide permanent sewer easement; thence along the centerline of said permanent sewer easement, North 77 degrees 25 minutes 24 seconds West, a distance of 131.09 feet to a point on the westerly line of said Lot 1, said point on the westerly line of said Lot 1 being 231.58 feet from the southwest corner of said Lot 1. Also, a temporary construction easement for use in the construction, reconstruction, maintenance or repair of any sewer in the above described permanent sewer easement and being located on a strip of land 52.00 feet in width along the northerly side and contiguous with the above described 15 foot wide permanent sewer easement. 12 MALINE TRUNK RELIEF SEWER PHASE II - SECTION A 86171 MARK STEGEN PROPERTY 12F52-0185 PARCEL 5 Permanent Easement 1966.25 sq. ft. Temporary Construction Easement 6764.33 sq. ft. Total Area Subject Property 43622.03 sq. ft. 13 MALINE TRUNK RELIEF SEWER PHASE II - SECTION A 86171 JOSEPH A. PFEFFER PROPERTY 12F52-0213 PARCEL 6 A permanent sewer easement, 15 foot in width, across a tract of land in U. S. Survey 111, Township 46 North, Range 7 East of the Fifth Principal Meridian, St. Louis County, Missouri and across property conveyed to Joseph A. Pfeffer by deed recorded in Book 6220, Page 307, St. Louis County Recorder's Office, the centerline of said 15 foot wide easement being more particularly described as follows: Commencing at the southwest corner of said Pfeffer property, said corner being on the easterly line of U. S. Highway No. 67; thence North 5 degrees 57 minutes East on the westerly line of said Pfeffer property, a distance of 127.41 feet to the ACTUAL POINT OF BEGINNING of said 15 foot wide permanent sewer easement; thence South 62 degrees 06 minutes 09 seconds East on the centerline of said 15 foot wide permanent sewer easement, a distance of 34.26 feet to a point; thence South 77 degrees 25 minutes 24 seconds East on the centerline of said 15 foot wide permanent easement, a distance of 169.28 feet to a point on the easterly line of said Pfeffer property, said point being 101.53 feet from the southeast corner of said Pfeffer property. Also, two (2) temporary construction easements for use in the construction, reconstruction, maintenance or repair of any sewer in the above described permanent sewer easement and being located on each side of the above described 15 foot wide permanent sewer easement, more particularly described as follows: Temporary Sewer Easement #1 Commencing at the southwest corner of said Pfeffer property, said corner being on the easterly line of U. S. Highway No. 67; thence North 5 degrees 57 minutes East on the westerly line of said Pfeffer property, a distance of 95.41 feet to the ACTUAL POINT OF BEGINNING; thence South 81 degrees 47 minutes 23 seconds East, a distance of 200.08 feet to a point on the east line of said Pfeffer property, said point also being the southerly line of the above described permanent sewer easement; thence North 77 degrees 25 minutes 24 seconds West on the southerly line of the above described permanent sewer easement, a distance of 171.41 feet to a point; thence continuing on the southerly line of the above described permanent sewer easement, North 62 degrees 06 minutes 09 seconds West, a distance of 32.27 feet to a point on the westerly line of said Pfeffer property; thence South 5 degrees 57 minutes West on the westerly line of said Pfeffer property, a distance of 23.92 feet to the point of beginning. 14 Temporary Sewer Easement #2 Commencing at the southwest corner of said Pfeffer property, said corner being on the easterly line of U. S. Highway No. 67; thence North 5 degrees 57 minutes East on the westerly line of said Pfeffer property, a distance of 135.49 feet to a point on the northerly line of the above described permanent sewer easement, THE ACTUAL POINT OF BEGINNING; thence South 62 degrees 06 minutes 09 seconds East on the northerly line of the above described permanent sewer easement, a distance of 36.26 feet to a point; thence continuing South 77 degrees 25 minutes 24 seconds East on the northerly line of the above described permanent sewer easement, a distance of 167.42 feet to a point on the easterly line of said Pfeffer property; thence North 5 degrees 57 minutes East on the easterly line of said Pfeffer property, a distance of 31.72 feet to a point; thence North 78 degrees 50 minutes 26 seconds West, a distance of 153.89 feet to a point; thence North 52 degrees 06 minutes 33 seconds West, a distance of 55.00 feet to a point on the westerly line of said Pfeffer property; thence South 5 degrees 57 minutes West on the westerly line of said Pfeffer property, a distance of 41.92 feet to the point of beginning. Temporary Roadway Easement Commencing at the southwest corner of said Pfeffer property; thence along the south line, South 82 degrees 12 minutes East, a distance of 117.96 feet to THE ACTUAL POINT OF BEGINNING; thence continuing along said south line, South 82 degrees 12 minutes East, a distance of 20.00 feet; thence North 5 degrees 57 minutes East, a distance of 94.42 feet to a point on the south line of the above described permanent sewer easement; thence along said easement line, North 81 degrees 47 minutes 23 seconds West, a distance of 20.01 feet; thence South 5 degrees 57 minutes West, a distance of 94.56 feet to the point of beginning. 15 MALINE TRUNK RELIEF SEWER PHASE II - SECTION A 86171 JOSEPH A. PFEFFER PROPERTY 12F52-0213 PARCEL 6 Permanent Easement 3052.63 sq. ft. Temporary Construction Easement #1 1661.53 sq. ft. Temporary Construction Easement #2 6259.45 sq. ft. Temporary Roadway Easement 1888.57 sq. ft. Total Area Subject Property 40286.10 sq. ft. 16 MALINE TRUNK RELIEF SEWER PHASE II - SECTION A 86171 MEL WINKLER PROPERTY 1252-0152 PARCEL 7 A temporary roadway easement 20 feet wide across a tract of land in U. S. Survey 111, Township 46 North, Range 7 East of the FIFTH PRINCIPAL MERIDIAN, St. Louis County, Missouri and across property conveyed to Mel Winkler by deed recorded in Book 7651, Page 450 of the St. Louis County Recorder's Office, the centerline of said 20 feet wide temporary roadway easement being more particularly described as follows: Commencing at the intersection of the easterly line of U. S. Highway No. 67 and the northerly line of Sunbeam Lane; thence North 5 degrees 57 minutes East on the easterly line of U. S. Highway No. 67, a distance of 65.00 feet to the southwest corner of said Mel Winkler tract; thence South 82 degrees 12 minutes East on the south line of said tract, a distance of 129.00 feet to the ACTUAL POINT OF BEGINNING of the centerline of said 20 foot wide temporary roadway easement; thence North 5 degrees 57 minutes East, a distance of 65.00 feet to a point of ending of said 20 foot wide temporary roadway easement, said point being on the northerly line of said tract, a distance of 129.00 feet from the northwest corner thereof. 17 MALINE TRUNK RELIEF SEWER PHASE II - SECTION A 86171 MEL WINKLER PROPERTY 12F52-0152 PARCEL 7 Temporary Roadway Easement 1300.00 sq. ft. Total Area Subject Property 13000.00 sq. ft. 18 MALINE TRUNK RELIEF SEWER PHASE II - SECTION A 86171 ADRIAN STEWART PROPERTY 12F52-0141 PARCEL 8 A temporary roadway easement 20 foot wide across a tract of land in U. S. Survey 111, Township 46 North, Range 7 East of the FIFTH PRINCIPAL MERIDIAN, St. Louis County, Missouri, and across property conveyed to Adrian T. Stewart by deed recorded in Book 6975, Page 2225 of the St. Louis County Recorder's Office, the centerline of said 20 foot wide temporary roadway easement being more particularly described as follows: Commencing at the southwest corner of said tract of land, said corner also being the intersection of the easterly line of U. S. Highway No. 67 and the northerly line of Sunbeam Lane; thence South 82 degrees 12 minutes East on the northerly line of Sunbeam Lane, a distance of 129.0 feet to the ACTUAL POINT OF BEGINNING of the centerline of said 20 foot wide temporary roadway easement; thence North 5 degrees 57 minutes East, a distance of 65.0 feet to the point of ending of said 20 foot wide temporary roadway easement, said point being on the northerly line of said tract, a distance of 129.00 feet from the northwest corner thereof. 19 MALINE TRUNK RELIEF SEWER PHASE II - SECTION A 86171 ADRIAN STEWART PROPERTY 12F52-0141 PARCEL 8 Temporary Roadway Easement 1300.00 sq. ft. Total Area Subject Property 13000.00 sq. ft. 20 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 December 17, 1986.