HomeMy Public PortalAbout08301 O R D I N A N C E NO. 8301
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 on 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
sought to be condemned for access to such easements, said permanent and
temporary easements being more particularly described as follows:
Permanent Surface and Subterranean Sewer
and Working Room Easements
Earl F. LaMotte and Josephine R. LaMotte
06G-32-0055
Parcel #26
A cylindrical Subterranean Easement, 20.00 feet in diameter, being located
across a tract of land in Fractional Section 17, Township 47 North - Range 7
East in St. Louis County, Missouri, the center of said 20.00 foot diameter
Subterranean Easement is more particularly described as follows, and the
following elevations are based on United States Geological Survey (U.S.G.S.)
Datum:
Commencing at the southwestern corner of property conveyed to Earl F. and
Josephine R. LaMotte by deed recorded in Book 4929 Page 409 of the St. Louis
County, Missouri Recorders Office, said commencing point also being the
southeast corner of Lot 2 of the Jamestown Place Addition, a subdivision,
according to the plat thereof recorded in Plat Book 292 Page 13 of said
Recorders Office; thence along the western line of said LaMotte property North
20 degrees 02 minutes 37 seconds East a distance of 201.44 feet to a point;
thence leaving said western line South 81 degrees 55 minutes 23 seconds East a
distance of 8.98 feet to a point of curvature; thence southeastwardly along an
arc of a curve to the right have a radius of 50.00 feet an arc distance of
24.29 feet and having a chord bearing south 68 degrees 00 minutes 14 seconds
East, and a chord distance of 24.05 feet to the point of tangency and being the
ACTUAL POINT OF BEGINNING of the herein described 20.00 foot diameter
Subterranean Easement, said center point having an elevation of 450.61 feet and
a ground line elevation of 481.00 feet per survey dated December 1988; thence
along the center of said 20.00 foot Subterranean Easement, South 54 degrees 05
minutes 04 seconds East a distance of 189.76 feet to the POINT OF ENDING of the
center of said 20.00 foot diameter Subterranean Easement, said centerpoint
having an elevation of 450.36 feet and a ground line elevation of 513.00 feet
per survey dated December 1988, said point of ending being located on the
western right of way line of Old Jamestown Road 40.00 feet wide.
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AND
A permanent 20.00 foot wide sewer easement across a tract of land located in
fractional Section 17, Township 47 North - Range 7 East in St. Louis County,
Missouri, said 20.00 foot wide permanent sewer easement being more particularly
described as follows:
Commencing at the southwestern corner of property conveyed to Earl F. and
Josephine R. LaMotte by deed recorded in Book 4929 Page 409 of the St. Louis
County, Missouri Recorders Office, said commencing point also being the
southeastern corner of Lot 2 of Jamestown Place Addition a subdivision
according to the plat thereof recorded in Plat Book 292 Page 13 of said
Recorders Office; thence along the western line of said LaMotte property, North
20 degrees 02 minutes 37 seconds East a distance of 201.44 feet to the ACTUAL
POINT OF BEGINNING of the centerline of said 20.00 foot wide permanent sewer
easement; thence along said centerline, South 81 degrees 55 minutes 23 seconds
East a distance of 8.98 feet to a point of curvature; thence southeastwardly
along an arc of a curve to the right having a radius of 50.00 feet, an arc
distance of 24.29 feet, and having a chord bearing South 68 degrees 00 minutes
14 seconds East, a distance of 24.05 feet to the point of tangency and being
the POINT OF ENDING of said 20.00 foot wide permanent sewer easement, said
point of ending being distant North 54 degrees 05 minutes 04 seconds West, a
distance of 189.76 feet from the west right of way line of Old Jamestown Road
40.00 feet wide.
Also a permanent working room easement for use during the construction,
reconstruction, maintenance or repair of any sewer in the above described
permanent 20.00 foot wide sewer easement, said permanent working room easement
being more particularly described as follows:
Commencing at the southwestern corner of said LaMotte property; thence along
the western line of said LaMotte property, North 20 degrees 02 minutes 37
seconds East a distance of 159.83 feet to the POINT OF BEGINNING of said
permanent working room easement; thence leaving said western line, South 54
degrees 05 minutes 04 seconds East a distance of 60.85 feet to a point; thence
North 35 degrees 54 minutes 56 seconds East a distance of 96.04 feet to a point
on the northern line of said LaMotte property; thence along said northern line,
North 69 degrees 57 minutes 45 seconds West a distance of 83.17 feet to the
northwestern corner of the aforesaid LaMotte property; thence along said
western line South 20 degrees 02 minutes 37 seconds West a distance of 75.75
feet to the POINT OF BEGINNING of said permanent working room easement;
EXCEPTING THEREFROM the above described 20.00 foot wide permanent sewer
easement.
Section Two. Counsel for The Metropolitan St. Louis Sewer District
be and is hereby authorized to acquire by purchase
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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 February 13, 1991.
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