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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. -2- 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 -3- 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. -4-