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O R D I N A N C E NO. 1026
AN ORDINANCE, authorizing the Executive Director and
the Secretary-Treasurer of The Metropolitan St. Louis Sewer
District to purchase from the owner thereof, certain additional
property rights in and to the site to construct a sewage treatment
plant to serve the Coldwater Creek Trunk Subdistrict of The
Metropolitan St. Louis Sewer District, and in particular to 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 more particularly described as follows: Beginning at an iron pipe in the Southwest corner of property conveyed to Bertha Niehaus by deed dated December 21, 1937 and recorded in Book 1484, Page 456 of the St. Louis County Recorder's Office; thence North 8 degrees 01 minute West 979.00 feet along the western line of said property conveyed to Bertha Niehaus as aforesaid to a point, thence South 88 degrees 31 minutes East 1000.82 feet to a point in the eastern line of said property so conveyed to Bertha Niehaus as aforesaid; thence South 18 degrees 40 minutes 48 seconds East 1027.36 feet to a stone set in a line 35 feet at right angles from the center of New Cold Water Drainage Ditch; thence along said line 35 feet, measured at right angles from the center of said Ditch, North 89 degrees 27 minutes West, 100.06 feet to an iron rod in the center of Old Cold Water Creek; thence along the center of Old Cold Water Creek, North 35 degrees 45 minutes West, 97.68 feet to an iron rod; North 73 degrees 12 minutes West, 108.82 feet to an iron rod; South 73 degrees 03 minutes West, 68.90 feet to an iron rod, and South 17 degrees 26 minutes West, 89.04 feet to an iron rod set at the intersection of the center line of Old Cold Water Creek and said line 35 feet, measured at right angles, from the center of New Cold Water Drainage Ditch; thence North 88 degrees 31 minutes West along a line 35 feet, measured at right angles, from the center of said Drainage Ditch, 836.75 feet to the point of beginning; and also, all that property lying between the center line of New Cold Water Drainage Ditch and the meander line set out in above description; and containing 24.592 acres of land, more or less,
for a total sum of Twelve Thousand Two Hundred Ninety-Six Dollars
($12,296.00), the purchase price to be paid to the Sellers on
January 15, 1966, 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.
WHEREAS, the owners sold 24.592 acres of land to The
Metropolitan St. Louis Sewer District on the 21st day of
September, 1962 by deed recorded in Book 4920 at Page 128 of the
office of the Recorder of Deeds for St. Louis County, Missouri,
wherein the owners reserved certain property rights in and to said
24.592 acres by virtue of certain agreements, covenants and
restrictions set forth in said deed, and
WHEREAS, The Metropolitan St. Louis Sewer District
desires to purchase certain additional property rights in and to
said 24.592 acres of land by having the owners of the original
tract execute and deliver a special warranty deed amending the
agreements, covenants and restrictions set forth in the aforesaid
deed recorded in Book 4920, at Page 128 of the St. Louis County
Recorder's office, and
WHEREAS, by the purchase of these additional property
rights, The Metropolitan St. Louis Sewer District will be
permitted to dry completely digested sludge in the drying beds to
be located on the said 24.592 acres, which will result in a
considerable saving to the District by the elimination of a large
force main which was originally required.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES
OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT:
Section One. The Executive Director and the Secretary
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Treasurer of The Metropolitan St. Louis Sewer District shall be
and are hereby authorized and directed to purchase from the owner
thereof certain property rights in and to a 24.592 acre tract of
land which was conveyed to The Metropolitan St. Louis Sewer
District on the 21st day of September, 1962 by deed recorded in
Book 4920 at Page 128 of the Office of the Recorder of Deeds of
St. Louis County, Missouri, which is a portion of the site for the
construction of the sewage treatment plant to serve the Coldwater
Creek Trunk Subdistrict of The Metropolitan St. Louis Sewer
District, said 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 more particularly described as follows: Beginning at an iron pipe in the Southwest corner of property conveyed to Bertha Niehaus by deed dated December 21, 1937 and recorded in Book 1484, Page 456 of the St. Louis County Recorder's Office; thence North 8 degrees 01 minute West 979.00 feet along the western line of said property conveyed to Bertha Niehaus as aforesaid to a point, thence South 88 degrees 31 minutes East 1000.82 feet to a point in the eastern line of said property so conveyed to Bertha Niehaus as aforesaid; thence South 18 degrees 40 minutes 48 seconds East 1027.36 feet to a stone set in a line 35 feet at right angles from the center of New Cold Water Drainage Ditch; thence along said line 35 feet, measured at right angles from the center of said Ditch, North 89 degrees 27 minutes West, 100.06 feet to an iron rod in the center of Old Cold Water Creek; thence along the center of Old Cold Water Creek, North 35 degrees 45 minutes West, 97.68 feet to an iron rod; North 73 degrees 12 minutes West, 108.82 feet to an iron rod; South 73 degrees 03 minutes West, 68.90 feet to an iron rod, and South 17 degrees 26 minutes West, 89.04 feet to an iron rod set at the intersection of the center line of Old Cold Water Creek and said line 35 feet, measured at right angles, from the center of New Cold Water Drainage Ditch; thence North 88 degrees 31 minutes West along a line 35 feet, measured at right angles, from the center of said Drainage Ditch, 836.75 feet to the point of beginning; and also, all that property lying between the center line of New Cold Water Creek Ditch and the meander line set out in above description; and containing 24.592 acres of land, more or less.
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Section Two. Upon the execution and delivery to them by
the said owner of a special warranty deed in proper form amending
the agreements, covenants and restrictions set forth in the
aforesaid deed recorded in Book 4920, at Page 128 of the St. Louis
County Recorder's office, so as to permit the drying of completely
digested sludge in drying beds upon the said 24.592 acres
described above, 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 Twelve
Thousand Two Hundred Ninety-Six Dollars ($12,296.00), said payment
to be made on January 15, 1966.
The Executive Director and the Secretary-Treasurer are
further authorized to execute any note, deed of trust, or any
other instrument necessary or proper in the premises.
Section Three. The purchase of these additional
property rights being a necessity to properly carry out the
functions of this District and the necessity for acquiring these
property rights 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.
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