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HomeMy Public PortalAbout00500 O R D I N A N C E NO. 500 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 the open flow of storm water on and over such property and construction of storm water and sanitary sewers therein to serve the needs of residents on adjacent lands and to drain a watershed, 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 Lawn Avenue and Urban Drive in the City of Brentwood, in which there work and live numerous people and which collects large amounts of storm water, and WHEREAS, storm water and 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 Metro- politan St. Louis Sewer District to protect the public health and welfare 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 welfare and to 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 open flow of storm water and for storm water and sanitary 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 any construction period, and the right of ingress and egress over the premises sought to be condemned for the access to such easements: An easement forty-five (45) feet wide over the northern forty-five (45) feet of property granted to Anthony Cavagnaro and Frank J. Frick by instrument recorded in Book 751, page 174 of the St. Louis County Records, which property is also a portion of Block 6 of Forest Hills Park, a subdivision of St. Louis County, Missouri, according to the plat thereof recorded in Plat Book 19, page 36 of the St. Louis County Records. 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 January 5, 1961.