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HomeMy Public PortalAbout01025 O R D I N A N C E NO. 1025 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, St. Louis County, Missouri, and being more particularly described as follows: Beginning at the point of intersection of the western line of property described in deed to Elmer Witte and wife, recorded in Book 4951, page 20, St. Louis County Recorder's Office, with the center line of Cold Water Creek Drainage Ditch Right-of-Way 2A, 100 feet wide; thence North 18 degrees 40 minutes 48 seconds West 1062.36 feet, along the western line of said Witte property; thence North 73 degrees 19-1/2 minutes East 660.96 feet to the eastern line of said Witte property; thence South 22 degrees 49 minutes East 1139.91 feet along the eastern line of said Witte property to the center line of said Cold Water Creek Drainage Ditch Right-of-Way; thence westwardly along said center line to the western line of said Elmer Witte property and the point of beginning, and containing 18.101 acres, more or less. Subject to Right-of-Way for Cold Water Drainage Ditch over that part of said property embraced therein. Subject also to lease between Elmer Witte and Selma Witte, his wife, to Osage Gas Company, and which has been assigned to Laclede Gas Company. for a total sum of Eighty-One Thousand Four Hundred Fifty-Four Dollars and 50 cents ($81,454.50), the purchase price to be paid as follows: In addition to the earnest money deposit of Four Thousand Dollars ($4,000.00) previously paid to Sellers there 2 shall be paid in cash at the time of closing Eighteen Thousand Eight Hundred Seven and Twenty-six Cents ($18,807.26). The balance of $58,647.24 shall be paid in two equal annual installments with the first installment due January 15, 1964, and the succeeding installment on the same day of the next succeeding year, 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, St. Louis County, Missouri, and being more particularly described as follows: Beginning at the point of intersection of the western line of property described in deed to Elmer Witte and wife, recorded in Book 4951, page 20, St. Louis County Recorder's Office, with the center line of Cold Water Creek Drainage Ditch Right-of-Way 2A, 100 feet wide; thence North 18 degrees 40 minutes 48 seconds West 1062.36 feet, along the western line of said Witte property; thence North 73 degrees 19-1/2 minutes East 660.96 feet to the eastern line of said Witte property; thence South 22 degrees 49 minutes East 1139.91 feet along the eastern line of said Witte property to the center line of said Cold Water Creek Drainage Right-of- 3 Way; thence westwardly along said center line to the western line of said Elmer Witte property and the point of beginning, and containing 18.101 acres, more or less. Subject to Right-of-Way for Cold Water Drainage Ditch over that part of said property embraced therein. Subject also to lease between Elmer Witte and Selma Witte, his wife, to Osage Gas Company, and which has been assigned to Laclede Gas Company. 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 Eighty One Thousand Four Hundred Fifty Four Dollars and Fifty Cents ($81,454.50) as follows: In addition to the earnest money deposit of Four Thousand Dollars ($4,000.00) previously paid to Sellers there shall be paid in cash at the time of closing Eighteen Thousand Eight Hundred Seven and Twenty-six Cents ($18,807.26). The balance of $58,647.24 shall be paid in two equal annual installments with the first installment due January 15, 1964, and the succeeding installment on the same day of the next succeeding year. 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 4 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 August 28, 1963.