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HomeMy Public PortalAbout00391 O R D I N A N C E NO. 391 AN ORDINANCE declaring the necessity for the acquisition of an easement 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 adjacent lands 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 in the vicinity of Jeffersonian and Sedan Roads, in which there work and live 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 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 necessary to appropriate and acquire by the exercise of eminent domain or otherwise, an easement for the use of sewers as hereinafter set forth, together with such working space adjacent 2 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 easement: An easement of varying width across a portion of Lot 118 of Carondelet Commons South of the River des Peres, Township 44 North, Range 6 East, St. Louis County, Mo., which property is now or formerly of Melvin Albers and wife, according to the deed recorded in Book 3423, page 264 of the St. Louis County Records, the centerline of the fifteen (15) foot wide portion of which easement is described as follows: Beginning at a point on the west line of said Albers property, which is also the east line of U. S. Survey 2993, which point is North 9 Degrees 22 Minutes East 385.75 feet from the common point of the southwest corner of said Albers property and the northwest corner of a fifteen acre tract conveyed to Herman C. Kettler and wife by deed recorded in Book 304, page 301 of the St. Louis County Records; thence South 73 Degrees 12 Minutes East a distance of 140.42 feet to a point; thence South 16 Degrees 48 Minutes West a distance of 127.0 feet to a point; thence South 69 Degrees 52 Minutes East a distance of 125.21 feet to a point on the east line of said A1bers property, which point is also 232.72 feet northwardly, measured along said east line, from the southeast corner of said Albers property. The west line of the ten (10) foot wide portion of said 3 easement over the aforesaid Albers property is described as follows: Beginning at a point in the west line of said Albers property, which is also the east line of U. S. Survey 2993, which point is North 9 Degrees 22 Minutes East 385.75 feet from the common point of the southwest corner of said Albers property and the northwest corner of aforesaid 15 acre tract of Herman 0. Kettler and wife; thence northwardly, along said common line of Albers property and U. S. Survey 2993, 290.0 feet to a point. 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 property 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. The foregoing Ordinance was adopted April 27, 1960.