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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 3 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. 4 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; 6 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. 7 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. 8 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. 9 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. 10 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. 11 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. 12 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. 13 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. 14 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. 15 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. 16 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. 17 The foregoing Ordinance was adopted March 14, 1996.