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HomeMy Public PortalAbout08300 O R D I N A N C E NO. 8300 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 Coldwater Creek Outfall Sewer Phase III 90145 (formerly 86065) 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 Coldwater 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 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 2 sought to be condemned for access to such easements, said permanent and temporary easements being more particularly described as follows: Permanent Sewer and Working Room Easements Trustees Under Indenture of Restriction of Lake James Manor 06G-32-0121 Parcel #28 A permanent 20.00 foot wide sewer easement across Parcel "A" of Lake James Manor Plat 4, a subdivision according to the plat thereof recorded in Plat Book 142, Pages 44 and 45 of the St. Louis County Missouri Recorder's Office, said 20.00 foot wide permanent sewer easement being more particularly described as follows: Commencing at the southeastern corner of said Parcel "A" thence along the eastern line of Parcel "A", North 30 degrees 10 minutes 24 seconds East a distance of 270.44 feet to the ACTUAL POINT OF BEGINNING of the centerline of said 20.00 foot wide permanent sewer easement; thence North 81 degrees 55 minutes 23 seconds West a distance of 143.38 feet to a point of curvature; thence southwestwardly along an arc of a curve to the left having a radius of 50.00 feet, an arc distance of 65.76 feet and having a chord bearing South 60 degrees 23 minutes 51 seconds West, and a chord distance of 61.12 feet to the point of tangency; thence South 22 degrees 43 minutes 06 seconds West a distance of 237.17 feet to a point on the southern line of Parcel "A", said point being the POINT OF ENDING of the centerline of said 20.00 foot wide permanent sewer easement, said point of ending being distant North 88 degrees 49 minutes 09 seconds West, a distance of 147.51 feet from the Southeastern corner of said Parcel "A:; EXCEPTING THEREFROM that part of an existing 10.00 foot wide permanent sewer easement recorded in Book 6284 Page 2027 of the said Recorders Office, and those parts of existing permanent sewer easements recorded in the said Lake James Manor Plat 4 subdivision. Also, permanent working room easements for use during the construction, reconstruction, maintenance, or repair of any sewer in the above described 20.00 foot wide permanent sewer easement and being locate on strips of land 30.00 feet in width along the northwestern side and 30.00 feet in width along the southeastern side and contiguous with the above described 20.00 foot wide permanent sewer easement; EXCEPTING THEREFROM that part of an existing 10.00 foot wide permanent sewer easement recorded in Book 6284 Page 2027 of the said Recorder's Office; and those parts of existing permanent sewer easements recorded in the said Lake James Manor Plat 4 subdivision. 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 3 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 February 13, 1991.