HomeMy Public PortalAbout08408 O R D I N A N C E NO. 8408
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
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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:
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Permanent Sewer and Working Room Easements Coldwater Creek WWTP Outfall Phase III (90145) Allan R. Hoffman, Trustee 96F130163 Parcel #27 A permanent 20.00 foot wide sewer easement across Lot 2 of Jamestown Place Addition, a subdivision, according to the plat thereof recorded in Plat Book 292 Page 13 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 intersection of the westerly projection of the south property line of said lot 2 and centerline of Coldwater Creek Drainage District Right of Way 2A, thence along the centerline of said Coldwater Creek Drainage District Right of Way 2A, North 30 degrees 58 minutes 56 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 South 81 degrees 55 minutes 23 seconds East a distance of 375.23 feet to a point in the eastern line of said Lot 2, being the POINT OF ENDING of the centerline of said 20.00 foot wide permanent sewer easement, said point being North 20 degrees 02 minutes 37 seconds East a distance of 201.44 feet from a southeast corner of said Lot 2, said corner also being the southwest corner of property conveyed to Earl and Josephine R. LaMotte by deed recorded in Book 4929 Page 409 of said Recorder's Office; EXCEPTING THEREFROM those parts of permanent sewer easements recorded in said Jamestown Place Addition subdivision. 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 intersection of the westerly projection of the south property line of said Lot 2 and the centerline of Coldwater Creek Drainage District Right of Way 2A, thence along the said centerline of Coldwater Creek Drainage District Right of Way 2A, North 30 degrees 58 minutes 56 seconds East a distance of 227.02 feet to the POINT OF BEGINNING of said permanent working room easement; thence continuing along said centerline of Coldwater Creek Drainage District Right of Way 2A, North 30 degrees 58 minutes 56 seconds East a distance of 86.84 feet; thence leaving said centerline, South 81 degrees 55 minutes 23 seconds east a
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distance of 327.37 feet to a point; thence North 20 degrees 02 minutes 37 seconds East a distance of 41.43 feet to a point; thence South 69 degrees 57 minutes 22 seconds East a distance of 150.00 feet to a point; thence South 20 degrees 02 minutes 37 seconds West a distance of 20.00 feet to a point; thence South 69 degrees 57 minutes 22 seconds East a distance of 100.00 feet to a point on the Western Right of Way line of Old Jamestown Road, 40 feet wide; thence southwardly said western Right of Way line, South 17 degrees 11 minutes 00 seconds West a distance of 20.00 feet to a southeast corner of said Lot 2, being the northeast corner of the above mentioned LaMotte property; thence westerly along the southern line of said Lot 2, North 69 degrees 57 minutes 22 seconds West a distance of 212.36 feet to the northwest corner of said LaMotte property; thence South 20 degrees 02 minutes 37 seconds West along the western line of said LaMotte property a distance of 75.03 feet to a point; thence leaving said western line, North 81 degrees 55 minutes 23 seconds West a distance of 383.65 feet to the POINT OF BEGINNING of said permanent working room easement; EXCEPTING THEREFROM the above described 20.00 foot wide permanent easement and those parts of permanent sewer easements recorded in said Jamestown Place Addition 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 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.
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The foregoing Ordinance was adopted June 19, 1991.