HomeMy Public PortalAbout00135 O R D I N A N C E NO. 135
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 sewers therein to serve the needs of
residents on lands within the Maline Creek Trunk Subdistrict of
The Metropolitan St. Louis Sewer District and authorizing the
institution of condemnation proceedings in connection therewith,
with an emergency clause;
WHEREAS, there exists within The Metropolitan St. Louis
Sewer District an area known as The Maline Creek Trunk Sub-
district of The Metropolitan St. Louis Sewer District, lying
within St.Louis County, Missouri, and in which there work and live
numerous people; and
WHEREAS, sewage gathered from such area has no
alternative means of disposition to crossing said property and
constitutes 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
by relieving and alleviating 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 the aforesaid insanitary and dangerous conditions, it is
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necessary to appropriate and acquire by the exercise of eminent
domain or otherwise, easements for the use of sewers as
hereinafter set forth, together with such working space adjacent
to the right-of-way as obtained as may be required for working
room during the construction period, and the right of ingress and
egress over the premises sought to be condemned for the access to
such easements:
An easement fifteen feet in width across property now
or formerly of AMEE GOEWERT EYSTER and EARL EYSTER, her husband,
GRACE GOEWERT HOFFMAN and RICHARD HOFFMAN, her husband, CAROLINE
GOEWERT MULVANY and THOMAS MULVANY, her husband, and ROSEMARY
GOEWERT HILLEMANN and CHARLES HILLEMANN, her husband, in
Fractional Section 8, Township 46 North Range 7 East, St. Louis
County, Missouri, the south line of which is described as follows:
Beginning at a point on the westerly line of said
property 175.58 feet southerly from the northwest corner of said
property; thence South 77o 51' East 271.34 feet to a point; thence
on a curve to the right with an angle of 35o 50-1/2', having a
radius of 45 feet, a distance of 28.15 feet to a point; thence
South 42o 00' East 50 feet more or less to the southernmost
boundary of said property, being also the former center line of
Maline Creek; said easement being on area of approximately 0.12
acre.
An easement fifteen feet in width across property now
or formerly of Joe Cavallero and Bernice Cavallero, his wife, in
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Lot 2, Gardner Estate Subdivision, Section 8, Township 46 North,
Range 7 East, St. Louis County, Missouri, the North line of which
is described as follows:
Beginning at a point on the east line of Lot 2, Gardner
Estate, a subdivision of St. Louis County, Missouri, 712.08 feet
northerly from the southeast corner of said Lot 2; thence
southwestwardly 199.5 feet more or less to a point on the west
line of said Joe Cavallero and Bernice Cavallero, his wife, and
being also the east line of property now or formerly of Robert
Hebenstreit, said point being 598.46 feet from the southwest
corner of said Cavallero tract.
Section Two. Counsel for The Metropolitan St. Louis
Sewer District be and is hereby authorized 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
properly as hereinbefore set out.
Section Three. The immediate construction of sewers
being necessary in order to protect the public health within the
District constitutes an emergency within the meaning of the Plan
of The Metropolitan St. Louis Sewer District and this Ordinance
shall take effect immediately upon its adoption.
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The foregoing Ordinance was adopted June 11, 1957.