HomeMy Public PortalAbout09825 O R D I N A N C E NO. 9825
AN ORDINANCE, declaring the necessity for the acquisition of certain real
property within The Metropolitan St. Louis Sewer District for the purpose of permitting
construction of sanitary sewers in the project known as Oak Ridge Trail Sanitary Outfall Sewer
(P-20815) to serve the needs of residents of the area, and authorizing the acquisition of such
real property by purchase or by the institution of condemnation proceedings.
WHEREAS, there exists within The Metropolitan St. Louis Sewer District an area
of the County of St. Louis within the Missouri River Watershed wherein live and work
numerous people; and
WHEREAS, sanitary sewage gathered from such area will have no adequate
means of disposition, 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 the sanitary sewer lines on,
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 the real property for the construction, reconstruction, maintenance or
repair of sanitary sewer lines as hereinafter set forth, said real property being more particularly
described as follows:
PARCEL 1
Theodore H.R. and Donnie Eberley Property
Locator No. 20V52-0150
A 10.00 foot wide permanent sewer easement across Lot 1 of "Eberley Acres", a subdivision
according to the plat thereof recorded in Plat Book 266, Page 78 of the St. Louis County
Records, the centerline of said permanent sewer easement being more particularly described
as follows:
Beginning at the Northwest corner of said Lot 1; thence along the Northern line of said Lot 1,
South 74 degrees 53 minutes 54 seconds East, a distance of 19.13 feet to the actual point of
beginning of the centerline of said 10.00 foot wide permanent sewer easement; thence South
05 degrees 52 minutes 59 seconds West, a distance of 329.80 feet to a point; thence South
05 degrees 39 minutes 00 seconds East, a distance of 112.26 feet to a point; thence South
18 degrees 28 minutes 26 seconds East, a distance of 1.81 feet to a point on the South line
of aforementioned Lot 1 of "Eberley Acres", said point being the point of ending of the
centerline of said 10.00 foot wide permanent sewer easement, said point of ending being
distant North 80 degrees 38 minutes 32 seconds East, a distance of 12.08 feet from the
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Southwest corner of said Lot 1 of "Eberley Acres".
Also two permanent working room easements for use during construction, reconstruction,
maintenance or repair of any sewer in the above described 10.00 foot wide permanent sewer
easement and being located on strips of land 10.00 feet in width along the Western side, and
40.00 feet in width along the Eastern side, and contiguous with the above described 10.00
foot wide permanent sewer easement.
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PARCEL 2
Lynda E. Payne
Locator No. 20V24-0081
A 10.00 foot wide permanent sewer easement across Lot 2 of "Eberley Acres", a subdivision
according to the plat thereof recorded in Plat Book 266, Page 78 of the St. Louis County
Records, the centerline of said permanent sewer easement being more particularly described
as follows:
Commencing at the Northwest corner of said Lot 2 of "Eberley Acres"; thence along the
Northern line of said Lot 2, North 80 degrees 38 minutes 32 seconds East 12.08 feet to the
actual point of beginning of the centerline of said 10.00 foot wide permanent sewer easement;
thence South 18 degrees 28 minutes 28 seconds East 114.87 feet to a point; thence South
07 degrees 50 minutes 06 seconds East 45.21 feet to a point; thence South 10 degrees 30
minutes 11 seconds West 48.46 feet to a point; thence South 67 degrees 16 minutes 41
seconds West 11.09 feet to a point on a West line of said Lot 2 of "Eberley Acres", said
point being the point of ending, said point being North 09 degrees 29 minutes 47 seconds
East 75.00 feet from the Southwest corner of said Lot 2.
Also a permanent working room easement for use during the construction, reconstruction,
maintenance or repair of any sewer in the above described 10 foot wide permanent sewer
easement and being located on a strip of land 40.00 feet in width along the Eastern side and
contiguous with the above described 10.00 foot wide permanent sewer easement.
Also a permanent working room easement for use during the construction, reconstruction,
maintenance or repair of any sewer in the above described permanent sewer easement, said
permanent working room easement being more particularly described as follows:
Beginning at the Northwest corner of said Lot 2; thence along the Northern line of said Lot 2,
North 80 degrees 38 minutes 32 seconds East 7.01 feet to a point; thence along the West
line of the above described permanent sewer easement, the following courses and distances:
South 18 degrees 28 minutes 28 seconds East 115.21 feet, South 07 degrees 50 minutes 06
5
seconds East 43.93 feet, South 10 degrees 30 minutes 11 seconds West 44.95 feet, South
67 degrees 16 minutes 41 seconds West 5.24 feet to a point on the West line of aforesaid
Lot 2 of "Eberley Acres"; thence along the West lines of said Lot 2, North 09 degrees 29
minutes 47 seconds East 53.27 feet and North 17 degrees 16 minutes 01 second West
152.20 feet to the point of beginning.
Also a permanent working room easement for use during the construction, reconstruction,
maintenance or repair of any sewer in the above described permanent sewer easement, said
permanent working room easement being more particularly described as follows:
Beginning at the Southwest corner of said Lot 2 of "Eberley Acres"; thence along the West
line of said Lot 2, North 09 degrees 29 minutes 47 seconds East 21.81 feet to a point;
thence North 67 degrees 16 minutes 42 seconds East 9.66 feet to a point; thence South 08
degrees 06 minutes 17 seconds West 24.69 feet to a point on the South line of said Lot 2;
thence South 84 degrees 54 minutes 01 seconds West 9.06 feet to the point of beginning.
PARCEL 3
Stephen W. and Elizabeth L. Johnson
Locator No. 20V24-0045
A 10.00 foot wide permanent sewer easement across a tract of land in Section 24, Township
45 North - Range 3 East, St. Louis County, Missouri, the centerline of said 10.00 foot wide
permanent sewer easement being more particularly described as follows:
Commencing at the Southeast corner of property conveyed to Stephen W. and Elizabeth L.
Johnson by deed recorded in Deed Book 8218, Page 2147 of the St. Louis County Records,
said commencing point also being the Northeast corner of property conveyed to Robert J. and
Janice Scullin by deed recorded in Deed Book 7124, Page 2194 of the St. Louis County
Records; thence along the South lines of said Johnson property, South 90 degrees 00
minutes 00 seconds West 110.10 feet and South 58 degrees 55 minutes 56 seconds West
16.95 feet to the actual point of beginning of the centerline of said 10.00 foot wide permanent
sewer easement; thence North 36 degrees 56 minutes 31 seconds East 37.85 feet to a point;
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thence North 00 degrees 03 minutes 41 seconds East 204.59 feet to a point; thence North
08 degrees 06 minutes 17 seconds East 73.01 feet to a point; thence North 67 degrees 16
minutes 41 seconds East 9.31 feet to a point on the East line of said Johnson property, said
point being the point of ending of the centerline of said 10.00 foot wide permanent sewer
easement, said point of ending being distant North 09 degrees 29 minutes 47 seconds East
75.00 feet from the Southwest corner of property conveyed to Lynda E. Payne by deed
recorded in Deed Book 9956, Page 532 of the St. Louis County Records.
Also a permanent working room easement for use during construction, reconstruction,
maintenance or repair of any sewer in the above described 10.00 foot wide permanent sewer
easement and being located on a strip of land 40.00 feet in width along the Western side and
contiguous with the above described 10.00 foot wide permanent sewer easement.
Also a permanent working room easement for use during construction, reconstruction,
maintenance or repair of any sewer in the above described 10.00 foot wide permanent sewer
easement, said permanent working room easement being more particularly described as
follows:
Beginning at the Southwest corner of aforesaid Payne property; thence along the South line of
said Payne property, North 84 degrees 54 minutes 00 seconds East 9.06 feet to a point;
thence South 08 degrees 06 minutes 18 seconds West 3.82 feet to a point; thence South 00
degrees 03 minutes 41 seconds West 208.53 feet to a point; thence South 36 degrees 56
minutes 30 seconds West 20.62 feet to a point on the South line of aforesaid Johnson
property; thence Westwardly along said South line of Johnson property, South 90 degrees 00
minutes 00 seconds West 10.83 feet and South 58 degrees 55 minutes 56 seconds West
3.60 feet to a point; thence North 36 degrees 56 minutes 31 seconds East 27.13 feet to a
point; thence North 00 degrees 03 minutes 41 seconds East 205.90 feet to a point; thence
North 08 degrees 06 minutes 17 seconds East 69.82 feet to a point; thence North 67
degrees 16 minutes 42 seconds East 3.32 feet to a point on the West line of said Payne
property; thence South 09 degrees 29 minutes 47 seconds West 69.09 feet along said West
line of Payne property to the point of beginning.
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PARCEL 4
Robert J. and Janice M. Scullin
Locator No. 20V23-0246
A 10.00 foot wide permanent sewer easement across Lot 3 of "Linhill", a subdivision
according to the plat thereof recorded in Plat Book 172, Page 80 of the St. Louis County
Records, the centerline of said permanent sewer easement being more particularly described
as follows:
Commencing at the Northeast corner of property conveyed to Robert J. and Janice M. Scullin
by deed recorded in Deed Book 7124, Page 2194 of the St. Louis County Records, said point
being the Southeast corner of property conveyed to Stephen W. and Elizabeth L. Johnson by
deed recorded in Deed Book 8218, Page 2147 of the St. Louis County Records; thence along
the East line of said Scullin property, South 03 degrees 09 minutes 00 seconds West 65.86
feet to a point; thence South 78 degrees 33 minutes 58 seconds West 130.17 feet to the
actual point of beginning of the centerline of said 10.00 foot wide permanent sewer easement;
thence North 00 degrees 11 minutes 12 seconds East 75.24 feet to a point; thence North 37
degrees 05 minutes 32 seconds East 8.65 feet to a point on the North line of said Scullin
property, said point also being the point of ending of the centerline of said 10.00 foot wide
permanent sewer easement said point of ending being distant South 90 degrees 00 minutes
00 seconds West 110.10 feet and South 58 degrees 55 minutes 56 seconds West 18.27 feet
from the Northeast corner of said Scullin property.
Also two permanent working room easements for use during construction, reconstruction,
maintenance or repair of any sewer in the above described 10.00 foot wide permanent sewer
easement and being located on strips of land 10.00 feet in width along the Eastern side, and
40.00 feet in width along the Western side, and contiguous with the above described 10.00
foot wide permanent sewer easement.
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PARCEL 5
Roger J. and Joyce Mercer
Locator No. 20V24-0054
A 10.00 foot wide permanent sewer easement across a tract of land in Section 24, Township
45 North - Range 3 East, in St. Louis County, Missouri, the centerline of said 10.00 foot wide
permanent sewer easement being more particularly described as follows:
Commencing at the Southwest corner of property conveyed to Roger J. and Joyce Mercer by
deed recorded in Deed Book 6551, Page 1723 of the St. Louis County Records; thence North
89 degrees 48 minutes 28 seconds East 51.09 feet along the South line of said Mercer
property to the actual point of beginning of the centerline of said 10.00 foot wide permanent
sewer easement; thence North 31 degrees 09 minutes 44 seconds East 355.15 feet to a
point; thence North 14 degrees 47 minute 15 seconds West 237.16 feet to a point; thence
North 16 degrees 54 minutes 14 seconds East 356.45 feet to a point; thence North 00
degrees 05 minutes 25 seconds East 71.65 feet to the North line of said Mercer property,
said point also being the point of ending of the centerline of said 10.00 foot wide permanent
sewer easement, said point being distant North 78 degrees 33 minutes 58 seconds East
31.67 feet from the Northwest corner of said Mercer property.
Also two permanent working room easements for use during construction, reconstruction,
maintenance or repair of any sewer in the above described 10.00 foot wide permanent sewer
easement and being located on strips of land 10.00 feet in width along the Eastern side, and
40.00 feet in width along the Western side, and contiguous with the above described 10.00
foot wide permanent sewer easement.
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PARCEL 6
Larry A. and Janet H. Lemke
Locator No. 20V22-0070
A 10.00 foot wide permanent sewer easement across a tract of land in Section 24, Township
45 North - Range 3 East, in St. Louis County, Missouri, the centerline of said 10.00 foot wide
permanent sewer easement being more particularly described as follows:
Commencing at the Southwest corner of property conveyed to Larry A. and Janet H. Lemke
by deed recorded in Deed Book 8788, Page 800 of the St. Louis County Records; thence
along the Western line of said Lemke property North 00 degrees 03 minutes 30 seconds
West 19.26 feet to the actual point of beginning of the centerline of said 10.00 foot wide
permanent sewer easement; thence North 56 degrees 06 minutes 17 seconds East 14.34 feet
to a point; thence North 33 degrees 43 minutes 32 seconds East 303.00 feet to a point;
thence North 31 degrees 14 minutes 53 seconds East 24.59 feet to a point on the North line
of said Lemke property, said point being the point of ending of the centerline of said 10.00
foot wide permanent sewer easement, said point of ending being North 89 degrees 55
minutes 00 seconds East 193.17 feet from the Northwest corner of said Lemke property.
Also two permanent working room easements for use during construction, reconstruction,
maintenance or repair of any sewer in the above described 10.00 foot wide permanent sewer
easement and being located on strips of land 10.00 feet in width along the Eastern side, and
40.00 feet in width along the Western side, and contiguous with the above described 10.00
foot wide permanent sewer easement.
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PARCEL 7
Ronald D. and Catherine A. Peasley
Locator No. 20V21-0071
A 10.00 foot wide permanent sewer easement across a tract of land in Section 24, Township
45 North - Range 3 East, in St. Louis County, Missouri, the centerline of said 10.00 foot wide
permanent sewer easement being more particularly described as follows:
Commencing at the Southeast corner of property conveyed to Ronald D. and Catherine A.
Peasley by deed recorded in Deed Book 7895, Page 362 of the St. Louis County Records,
said point also being the Southwest corner of property conveyed to Larry A. and Janet H.
Lemke by deed recorded in Deed Book 8788, Page 800 of the St. Louis County Records;
thence along the Southern line of said Peasley property South 89 degrees 49 minutes 38
seconds West 121.49 feet to the actual point of beginning of the centerline of said 10.00 wide
permanent sewer easement; thence North 44 degrees 16 minutes 35 seconds East 3.09 feet
to a point; thence North 56 degrees 01 minute 08 seconds East 143.66 feet to a point on the
East line of said Peasley property, said point being the point of ending of the centerline of
said 10.00 foot wide easement, said point of ending being distant North 00 degrees 08
minutes 42 seconds West 82.14 feet from the Southeast corner of said Peasley property.
Also two permanent working room easements for use during construction, reconstruction,
maintenance or repair of any sewer in the above described 10.00 foot wide permanent sewer
easement and being located on strips of land 10.00 feet in width along the Eastern side, and
40.00 feet in width along the Western side, and contiguous with the above described 10.00
foot wide permanent sewer easement.
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PARCEL 8
Ronald D. and Catherine A. Peasley
Locator No. 20V21-0107
A 10.00 foot wide permanent sewer easement across a tract of land in Section 24, Township
45 North - Range 3 East, in St. Louis County, Missouri, the centerline of said 10.00 foot wide
permanent sewer easement being more particularly described as follows:
Commencing at the Southwest corner of property conveyed to Ronald D. and Catherine A.
Peasley by deed recorded in Deed Book 7882, Page 1863 of the St. Louis County Records,
said commencing point also being the Southeast corner of property conveyed to Gregor Anton
and Sandra Jean Schmucker by deed recorded in Deed Book 6749, Page 2266 of the St.
Louis County Records; thence along the West line of said Peasley property North 00 degrees
03 minutes 30 seconds West 87.56 feet to the actual point of beginning of the centerline of
said 10.00 foot wide permanent sewer easement; thence North 74 degrees 46 minutes 20
seconds East 313.70 feet to a point; thence North 44 degrees 29 minutes 30 seconds East
323.35 feet to a point on the North line of said Peasley property, said point being the point of
ending of the 10.00 foot wide permanent sewer easement, said point of ending being distant
South 89 degrees 56 minutes 30 seconds West 120.39 feet from the Northeast corner of said
Peasley property.
Also two permanent working room easements for use during construction, reconstruction,
maintenance or repair of any sewer in the above described 10.00 foot wide permanent sewer
easement and being located on strips of land 10.00 feet in width along the Southern side, and
40.00 feet in with along the Northern side, and contiguous with the above described 10.00
foot wide permanent sewer easement.
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PARCEL 9
Gregor Anton and Sandra Jean Schmucker
Locator No. 20V21-0116
A 10.00 foot wide permanent sewer easement across a tract of land in Section 24, Township
45 North - Range 3 East, in St. Louis County, Missouri, the centerline of said 10.00 foot wide
permanent sewer easement being more particularly described as follows:
Commencing at the Southwest corner of property conveyed to Gregor Anton and Sandra Jean
Schmucker by deed recorded in Deed Book 6749, Page 2266 of the St. Louis County
Records, said commencing point also being the Southeast corner of property conveyed to
Nark, Inc. by deed recorded in Deed Book 8264, Page 0088 of the St. Louis County
Records; thence along the Western line of said Schmucker property North 00 degrees 03
minutes 30 seconds West 38.52 feet to the actual point of beginning of the centerline of said
10.00 foot wide permanent sewer easement; thence North 82 degrees 56 minutes 24
seconds East 310.80 feet to a point; thence North 89 degrees 36 minutes 20 seconds East
93.28 feet to a point; thence North 74 degrees 38 minutes 34 seconds East 29.28 feet to a
point on the East line of said Schmucker property, said point also being the point of ending of
the centerline of said 10.00 foot wide permanent sewer easement, said point of ending being
distant North 00 degrees 03 minutes 30 seconds West 87.37 feet from the Southeast corner
of said Schmucker property.
Also two permanent working room easements for use during construction, reconstruction,
maintenance or repair of any sewer in the above described 10.00 foot wide permanent sewer
easement and being located on strips of land 10.00 feet in width along the Southern side, and
40.00 feet in width along the Northern side, and contiguous with the above described 10.00
foot wide permanent sewer easement.
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PARCEL 10
Nark, Inc.
Locator No. 20V12-0053
A 10.00 foot wide permanent sewer easement across a tract of land in Sections 23 and 24,
Township 45 North - Range 3 East, in St. Louis County, Missouri, the centerline of said
10.00 foot wide permanent sewer easement being more particularly described as follows:
Commencing at the Southwest corner of property conveyed to Nark, Inc. by deed recorded in
Deed Book 8264, Page 0088 of the St. Louis County Records, said point also being the
Northwest corner of property conveyed to Renard and Frances Pauley by deed recorded in
Deed Book 6604, Page 48 of the St. Louis County Records; thence along the South line of
said Nark, Inc. property South 68 degrees 04 minutes 34 seconds East 121.74 feet to the
actual point of beginning of the centerline of said 10.00 foot wide permanent sewer easement;
thence North 32 degrees 29 minutes 53 seconds East 70.67 feet to a point; thence North 73
degrees 19 minutes 55 seconds East 241.59 feet to a point; thence North 46 degrees 04
minutes 35 seconds East 180.97 feet to a point; thence North 82 degrees 31 minutes 37
seconds East 269.52 feet to a point; thence North 80 degrees 44 minutes 15 seconds East
186.32 feet to a point; thence North 82 degrees 56 minutes 24 seconds East 19.48 feet to a
point on the East line of said Nark, Inc. property, said point being the point of ending of the
centerline of said 10.00 foot wide permanent sewer easement, said point of ending being
distant North 00 degrees 03 minutes 30 seconds West 38.52 feet from the Southeast corner
of said Nark, Inc. property.
Also two permanent working room easements for use during construction, reconstruction,
maintenance or repair of any sewer in the above described 10.00 foot wide permanent sewer
easement and being located on strips of land 10.00 feet in width along the Southern side, and
40.00 feet in width along the Northern side, and contiguous with the above described 10.00
foot wide permanent sewer easement.
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PARCEL 11
Renard and Frances Pauley
Locator No. 21V44-0024
A 10.00 foot wide permanent sewer easement across a tract of land in Section 23, Township
45 North - Range 3 East, in St. Louis County, Missouri, the centerline of said 10.00 foot wide
permanent sewer easement being more particularly described as follows:
Commencing at the Southwest corner of property conveyed to Renard and Frances Pauley by
deed recorded in Deed Book 6604, Page 48 of the St. Louis County Records; thence along
the South line of said Pauley property South 88 degrees 52 minutes 00 seconds East 5.00
feet to the actual point of beginning of the centerline of said 10.00 foot wide permanent sewer
easement; thence North 00 degrees 32 minutes 00 seconds East 87.44 feet to a point;
thence North 32 degrees 29 minutes 53 seconds East 204.66 feet to a point on the North
line of said Pauley property, said point being the point of ending of the centerline of said
10.00 foot wide permanent sewer easement, said point of ending being distant South 68
degrees 04 minutes 34 seconds East 121.73 feet from the Northwest corner of said Pauley
property.
Also two permanent working room easements for use during construction, reconstruction,
maintenance or repair of any sewer in the above described 10.00 foot wide permanent sewer
easement and being located on strips of land 10.00 feet in width along the Eastern side, and
40.00 feet in width along the Western side, and contiguous with the above described 10.00
foot wide permanent sewer easement.
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PARCEL 12
William Barry and Patricia Ann Suntrup
Locator No. 20V52-0105
A permanent sewer easement across a tract of land in Section 24, Township 45 North -
Range 3 East, in St. Louis County, Missouri, said permanent sewer easement being more
particularly described as follows:
Beginning at the Southwest corner of property conveyed to William Barry and Patricia Ann
Suntrup by deed recorded in Deed Book 8062, Page 1309 of the St. Louis County Records,
said point also being the Northwest corner of property conveyed to Theodore H. Jr. and
Donnie D. Eberley by deed recorded in Deed Book 6561, Page 245 of the St. Louis County
Records; thence along the West line of said Suntrup property, North 15 degrees 06 minutes
06 seconds West 0.87 feet to a point; thence South 89 degrees 43 minutes 05 seconds East
18.24 feet to a point; thence South 15 degrees 06 minutes 06 seconds West 5.53 feet to a
point on the South line of said Suntrup property; thence along said South line North 74
degrees 53 minutes 54 seconds West 17.63 feet to the point of beginning.
Also a permanent working room easement for use during construction, reconstruction,
maintenance or repair of any sewer in the above described permanent sewer easement, said
working room easement being more particularly described as follows:
Commencing at the Southwest corner of aforesaid Suntrup property; thence along the South
line of said Suntrup property, South 74 degrees 53 minutes 54 seconds East 17.63 feet to
the actual point of beginning of said working room easement; thence continuing along said
South line South 74 degrees 53 minutes 54 seconds East 30.00 feet to a point; thence
leaving said South line North 15 degrees 06 minutes 06 seconds East 37.52 feet to a point;
thence South 58 degrees 16 minutes 04 seconds West 43.85 feet to a point; thence South
15 degrees 06 minutes 06 seconds West 5.53 feet to the point of beginning.
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Section Two. Counsel for The Metropolitan St. Louis Sewer District be and is
hereby authorized to enter into contracts 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 March 14, 1996.