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HomeMy Public PortalAbout00570 O R D I N A N C E NO. 570 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 and improved stormwater channels therein to serve the needs of residents on adjacent lands and an easement for the discharge of stormwater on and over such property 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 Halls Ferry Road and St. Cyr Road in St. Louis County, Missouri, in which there work and live numerous people and which collects large amounts of storm water, and WHEREAS, storm water 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; 2 Ord. No. 570 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 relieve the aforesaid unhealthy 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 and improved stormwater channels 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 an easement for the discharge of stormwater as hereinafter set forth, and the right of ingress and egress over the premises sought to be condemned for the access to such easements: An easement of varying width and an easement for the discharge of storm water across property now or formerly of Charles D. Adams and Mary Adams, his wife, Dora Fischer and Henry Fischer, her husband, and Elizabeth Adams, which property is more particularly described as: Part of Lot 1 of the Subdivision of Lot 1 of the Subdivision of James Jennings Estate in U. S. Survey 1913 as per plat of said Subdivision recorded in Book 182 page 88 of the St. Louis City (former County) records, described as follows: to-wit: Beginning at the point of intersection of the Northeast line of Halls Ferry Road, 60 feet wide, and the center line of St. Cyr Road, 40 feet wide; thence Northwestwardly along the Northeast line of Halls Ferry Road, 641.60 feet to a point, being 3 the Southwest corner of a 0.916 acre tract conveyed by deed recorded in Book 570 page 228; thence South 81 degrees 28 minutes East along the Southern line of said 0.916 acre tract, 209.24 feet to its Southeast corner; thence North 2 degrees 32 minutes East 157.71 feet to a point in the Southern line of an 8 acre tract conveyed by deed recorded in Book 185 page 578; thence South 81 degrees 28 minutes East, along the Southern line of said 8 acre tract, 908.34 feet to a point in the Eastern line of said Lot 1, being also the Southeast corner of the aforementioned 8 acre tract; thence South along the Eastern line of said Lot 1 674.01 feet to a point in the center line of St. Cyr Road, 40 feet wide; thence West along the center line of St. Cyr Road, 731.94 feet to the point of beginning, (EXCEPTING THEREFROM) a lot 100 feet by 200 feet fronting on the Northern Line of St. Cyr Road, lying 100 feet West of the Eastern line of Lot 1, which was conveyed to Marie Adams by deeds recorded in Book 2443 page 575 and in Book 2480 page 69. The easement of varying width across aforesaid property is described as follows: Beginning at the intersection of the northern line of St. Cyr Road 40 feet wide and the northeastern line of Halls Ferry Road 60 feet wide; thence northwestwardly along said northeastern line of Halls Ferry Road a distance of 258.09 feet to a point; thence northeastwardly, at right angles to aforesaid northeastern line of Halls Ferry Road, a distance of 70 feet to a point; thence southeastwardly, along a line parallel with said northeastern line of Halls Ferry Road, a distance of 65 feet to a point; thence 4 southwardly, at an angle to the right of 45 degrees, a distance of 70.71 feet to a point; thence southeastwardly, along a line parallel with the aforesaid northeastern line of Halls Ferry Road to its intersection with the northern line of St. Cyr Road; thence westwardly along said northern line of St. Cyr Road to its intersection with the northeastern line of Halls Ferry Road, the point of beginning. An easement for the discharge of storm water over the previously described property of Charles D. Adams, et al, and into an existing creek or storm water channel on the northwestern line of the previously described easement, such point of discharge being approximately 35 feet northeastwardly from the northeast line of Halls Ferry Road, the stormwater to flow generally northwestwardly in said channel. 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 and welfare 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. 5 The foregoing Ordinance was adopted June 15, 1961.