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HomeMy Public PortalAbout07624 O R D I N A N C E NO. 7624 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 Bellefontaine Neighbors Outfall Sewer (S-2135) 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 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 constructing 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. 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 permanent and temporary easements for the construction, reconstruction, maintenance or repair 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 BELLEFONTAINE NEIGHBORS OUTFALL SEWER S-2135 ROBERT W. & LINDA F. LONG PROPERTY LOC. NO. 12F64-1086 PARCEL NO. 1 Two (2) permanent sewer easements each easement being 15 foot in width, across a tract of land in U. S. Survey 111, Township 46 North, Range 7 East, in Bellefontaine Neighbors, St. Louis County, Missouri, and being across property conveyed to Robert W. and Linda F. Long by deed recorded in Book 6642, Page 768, of the St. Louis County Recorder's Office, said permanent sewer easements being more particularly described as follows: PERMANENT SEWER EASEMENT NO. 1 Commencing at the northwesternmost corner of said property conveyed to Robert W. & Linda F. Long, said point also being the northeasternmost corner of Lot 1 in Block 16 of the Bissell Hills No. 8 Subdivision as recorded in Plat Book 58, Page 44 of the St. Louis County Recorder's Office, and said point also being in the southern line of Forest Home Drive, 50 feet wide; thence south 82 degrees 28 minutes east a distance of 5.93 feet along said southern line of Forest Home Drive to the ACTUAL POINT OF BEGINNING; thence south 82 degrees 28 minutes east along said southern line of Forest Home Drive a distance of 17.81 feet to a point; thence south 25 degrees 7 minutes east 267.38 feet to a point; thence north 82 degrees 32 minutes 55 seconds west 17.80 feet to a point; thence north 25 degrees 7 minutes west 165.61 feet to a point; thence north 64 degrees 53 minutes east 10 feet to a point; thence north 25 degrees 7 minutes west 10 feet to a point; thence south 64 degrees 53 minutes west 10 feet to a point; thence north 25 degrees 53 minutes west 91.80 feet to the point of beginning. PERMANENT SEWER EASEMENT NO. 2 Commencing at the northwesternmost corner of said property conveyed to Robert W. & Linda F. Long, said point also being the northeasternmost corner of Lot 1 in Block 16 of the Bissell Hills No. 8 subdivision as recorded in Plat Book 58, Page 44 of the St. Louis County, Recorder's Office, and said point also being in the southern line of Forest Home Drive, 50 feet wide; thence south 82 degrees 28 minutes east along said southern line of Forest Home Drive a distance of 23.74 feet to the ACTUAL POINT OF BEGINNING; thence south 82 degrees 28 minutes east along said southern line of Forest Home Drive 18.29 feet to a point; thence south 32 degrees 50 minutes 14 seconds east 295.37 feet to a point; thence 4 north 82 degrees 32 minutes 55 seconds west 19.66 feet to a point; thence north 32 degrees 50 minutes 14 seconds west 286.65 feet to a point; thence north 25 degrees 7 minutes west 7.93 feet to the point of beginning. Also a temporary construction easement for the use in the construction, reconstruction, maintenance or repair of any sewer in the above described sewer easements and being located across a tract of land in U. S. Survey 111, Township 46 North, Range 7 East, in Bellefontaine Neighbors, St. Louis County, Missouri, and being within property conveyed to Robert W. and Linda F. Long, by deed recorded in Book 6642, Page 768 of the St. Louis County Recorder's Office, said temporary construction easement being more particularly described as follows: Commencing at the northwesternmost corner of said property conveyed to Robert W. and Linda F. Long, said point also being the northeasternmost corner of Lot 1 in Block 16 of Bissell Hills No. 8 Subdivision as recorded in Plat Book 58, Page 44 of the St. Louis County Recorder's Office and said point also being the southern line of Forest Home Drive, 50 feet wide; thence south 82 degrees 28 minutes east along said southern line of Forest Home Drive a distance of 23.74 feet to a point; thence south 25 degrees 07 minutes east a distance of 7.93 feet to the ACTUAL POINT OF BEGINNING; thence south 32 degrees 50 minutes 14 seconds east 286.65 feet to a point; thence north 82 degrees 32 minutes 55 seconds west 45.69 feet to a point; thence north 25 degrees 7 minutes west 259.45 feet to the point of beginning. 5 BELLEFONTAINE NEIGHBORS OUTFALL SEWER S-2135 THEODORE & GEORGIANNA IMBIEROWICZ LOC. NO. 11F32-0142 PARCEL NO. 2 A permanent sewer easement of varying width in part of reserved tract, Bissell Hills No. 8, in U. S. Survey 111, Township 46 North, Range 7 East, Bellefontaine Neighbors, St. Louis County, Missouri, across property conveyed to Theodore and Georgianna Imbierowicz, by deed recorded in Book 6322, Page 359, of the St. Louis County Recorder's Office; said permanent sewer easement being more particularly described as follows: Commencing at the southeast corner of Lot 20, Block 4, Bissell Hills No. 8 Subdivision, as recorded in Plat Book 58, Page 44 of the St. Louis County Recorder's Office, said point also being in the northern line of Forest Home Drive, 50 feet wide; thence south 84 degrees 58 minutes 50 seconds east along said northern line of Forest Home Drive a distance of 10 feet to the ACTUAL POINT OF BEGINNING; thence north 3 degrees 24 minutes east a distance of 168.62 feet to a point; thence south 61 degrees 15 minutes east 37.79 feet to a point; thence south 6 degrees 24 minutes 40 seconds west a distance of 153.39 feet to a point in the said northern line of Forest Home Drive; thence north 84 degrees 58 minutes 50 seconds west along said northern line of Forest Home Drive a distance of 26.11 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 hereinabove set out. The foregoing Ordinance was adopted December 14, 1988.