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HomeMy Public PortalAbout00832 O R D I N A N C E NO. 832 AN ORDINANCE, authorizing the Executive Director and the Secretary-Treasurer of The Metropolitan St. Louis Sewer District to purchase from the owner thereof, as the site to construct a sewage treatment plant to serve the Coldwater Creek Trunk Subdistrict of The Metropolitan St. Louis Sewer District, a tract of land in St. Louis County, Missouri described as follows: A tract of land in United States Survey 210, Township 47 North, Range 7 East, and more particularly described as follows: Beginning at the point of intersection of the Eastern line of property described in deed to Eugene Ryther and wife, recorded in Book 3652 Page 529, St. Louis County Recorder's Office, with the center line of Cold Water Creek Drainage Ditch Right of Way, 100 feet wide; thence South 88 degrees 31 minutes East, 823.36 feet along the center line of said Cold Water Creek Drainage Ditch Right of Way, to a point in the center line of former Cold Water Creek; thence along the meanders of said former Cold Water Creek the following courses and distances; North 15 degrees 31 minutes East, 36.08 feet; North 17 degrees 26 minutes East, 89.04 feet; North 73 degrees 03 minutes East, 68.90 feet; South 73 degrees 12 minutes East, 108.82 feet; South 35 degrees 45 minutes East, 97.68 feet and South 35 degrees 35 minutes East, 43.34 feet to a point in the center line of said Cold Water Creek Drainage Ditch Right of Way; thence South 89 degrees 27 minutes East, 86.86 feet along said center line to a point in the Eastern line of property described in deed to August Niehaus and wife, recorded in Book 2 2888 Page 526, St. Louis County Recorder's Office; thence North 18 degrees 40 1/2 minutes West, 1062.36 feet along the Eastern line of said Niehaus property to a point; thence North 88 degrees 31 minutes West, 1000.82 feet to a point in the Eastern line of said Ryther property; thence South 8 degrees 03 minutes East, 1014.00 feet along the Eastern line of said Ryther property to the center line of said Cold Water Creek Drainage Ditch Right of Way, and the point of beginning, and containing 24.592 acres; according to a survey by Pitzman's Company of Surveyors and Engineers, dated May 16, 1962, together with certain easements necessary for the construction of the Coldwater Creek Treatment Plant and Interceptor Sewer. for a total sum of Ninety-Eight Thousand Three Hundred Sixty-eight Dollars ($98,368.00), of which Five Thousand Dollars ($5,000.00) has previously been deposited with the seller under the terms of an earnest money contract dated September 19, 1962, the purchase price to be paid as follows: Five Thousand Dollars ($5,000.00) has previously been paid under the terms of an earnest money contract dated September 19, 1962. An additional Nineteen Thousand Five Hundred Ninety-two Dollars ($19,592.00) shall be paid at the date of closing. The balance of Seventy-Three Thousand Seven Hundred Seventy-six Dollars ($73,776.00) shall be paid for in three (3) equal annual installments as follows: One-third (Twenty Four 3 Thousand Five Hundred Ninety-two Dollars ($24,592.00) of said principal sum shall be due and payable on January 15, 1963, and each succeeding installment of principal in the same amount shall be due and payable on the same day of each succeeding year thereafter until paid in full. No install- ment shall bear interest until after it becomes due and remains unpaid. If any installment of principal is not paid when due, the same shall thereafter bear interest at the rate of eight per cent (8%) per annum until paid. and authorizing the Executive Director and the Secretary-Treasurer to execute any note, deed of trust or any other agreement or instrument necessary or proper to carry out the terms of this purchase of property, and containing an emergency clause. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT: Section One. The Executive Director and the Secretary- Treasurer of The Metropolitan St. Louis Sewer District shall be and are hereby authorized and directed to purchase from the owner thereof, as the site to construct a sewage treatment plant to serve the Coldwater Creek Trunk Subdistrict of The Metropolitan St. Louis Sewer District, a tract of land in St. Louis County, Missouri described as follows: to wit: A tract of land in United States Survey 210, Township 47 North, Range 7 East, and more particularly described as follows: Beginning at the point of intersection of the Eastern line of property described in deed to Vernon Eugene Ryther and wife, recorded in Book 3652 Page 259, St. Louis County Recorder's Office, with the center line of Cold Water Creek Drainage Ditch Right of Way, 100 feet wide; thence South 88 degrees 31 minutes 4 East, 823.36 feet along the center line of said Cold Water Creek Drainage Ditch Right of Way, to a point in the center line of former Cold Water Creek; thence along the meanders of said former Cold Water Creek the following courses and distances; North 15 degrees 31 minutes East, 36.08 feet; North 17 degrees 26 minutes East, 89.04 feet; North 73 degrees 03 minutes East, 68.90 feet; South 73 degrees 12 minutes East, 108.82 feet; South 35 degrees 45 minutes East, 97.68 feet and South 35 degrees 35 minutes East, 43.34 feet to a point in the center line of said Cold Water Creek Drainage Ditch Right of Way; thence South 89 degrees 27 minutes East, 86.86 feet along said center line to a point in the Eastern line of property described in deed to August Niehaus and wife, recorded in Book 2888 Page 526, St. Louis County Recorder's Office; thence North 18 degrees 40 1/2 minutes West, 1062.36 feet along the Eastern line of said Niehaus property to a point; thence North 88 degrees 31 minutes West, 1000.82 feet to a point in the Eastern line of said Ryther property; thence South 8 degrees 03 minutes East, 1014.00 feet along the Eastern line of said Ryther property to the center line of said Cold Water Creek Drainage Ditch Right of Way, and the point of beginning, and containing 24.592 acres; according to a survey by Pitzman's Company of Surveyors and Engineers, dated May 16, 1962, together with certain easements necessary for the construction of the Coldwater Creek Treatment plant and Interceptor Sewer. Section Two. Upon the execution and delivery to them by the said owner of a warranty deed in proper form, being free from liens and encumbrances, conveying fee simple title to the said land to The Metropolitan St. Louis Sewer District, the Executive Director and the Secretary-Treasurer shall be and are hereby authorized and directed to pay to the said owner, for the said land, the total sum of Ninety-Eight Thousand Three Hundred Sixty- eight Dollars ($98,368.00) as follows: Five Thousand Dollars (5,000.00) has previously been paid under the terms of an earnest money contract dated September 19, 1962. An additional Nineteen Thousand Five Hundred Ninety-two Dollars ($19,592.00) shall be paid at the date of closing. The 5 balance of Seventy-Three Thousand Seven Hundred Seventy-six Dollars ($73,776.00) shall be paid for in three (3) equal installments as follows: One-third (Twenty-Four Thousand Five Hundred Ninety-two Dollars ($24,592.00) of said principal sum shall be due and payable on January 15, 1963, and each succeeding installment of principal in the same amount shall be due and payable on the same day of each succeeding year thereafter until paid in full. No installment shall bear interest until after it becomes due and remains unpaid. If any installment of principal is not paid when due, the same shall thereafter bear interest at the rate of eight per cent (8%) per annum until paid. The Executive Director and the Secretary-Treasurer are further authorized to execute any note, deed of trust, or any other agreement or instrument necessary or proper in the premises. Section Three. The purchase of this property being a necessity to properly carry out the functions of this District and the necessity for acquiring this property immediately for its program of water pollution abatement and in particular to construct the Coldwater Creek Treatment plant constitutes an emergency within the meaning of the Plan and this Ordinance shall therefore take effect immediately upon its enactment. The foregoing Ordinance was adopted September 20, 1962.