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HomeMy Public PortalAbout01077 O R D I N A N C E NO. 1077 AN ORDINANCE, declaring the necessity for the acquisition of easements within certain existing property within The Metropolitan St. Louis Sewer District, for the purpose of permitting construction of sewers therein to serve the needs of residents on adjacent lands 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 City of Creve Coeur, St. Louis County, Mo. (Subdistrict No. 215, Studt and Old Ballas) in which there work and live numerous people; and WHEREAS, sanitary 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 Metropolitan St. Louis Sewer District to protect the public health 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 relieve the aforesaid insanitary and dangerous conditions, it is necessary to appropriate and acquire by the exercise of eminent 2 domain or otherwise, easements for the use of sewers as hereinafter set forth, together with such working space adjacent to the rights-of-way as obtained as may be required for working room during the construction period, and the right of ingress and egress over the premises sought to be condemned for the access to such easements: An easement ten (10) feet wide over the northern ten (10) feet of property now or formerly of Gene H. Dettmer and Phyllis K. Dettmer, his wife, which property is more particularly described as follows: Part of Lot 1 of STUDT'S HOME PLACE, a Subdivision in St. Louis County, Missouri, as per plat thereof recorded in Plat Book 7 page 38 of the St. Louis County records, fronting 100 feet on the West line of Old Ballas Road by a depth Westwardly between parallel lines of 188.41 feet and bounded North by the North line of said Lot 1. An Easement ten (10) feet wide over the northern ten (10) feet of property now or formerly of Julius Morell and Anna A. Roehrig, which property is more particularly described as follows: Two parts of Lot 1 of the Subdivision of STUDT'S HOME PLACE, in Section 3, Township 45 North, Range 6 East., St. Louis County, Missouri, according to the plat thereof recorded in Plat Book 7 page 38 of the St. Louis County records and particularly described as follows: Beginning at a point in the North line of Studt Avenue 30 feet wide at its intersection with the West line 3 of property conveyed to Philip H. Herzog and wife by deed recorded in Book 908 page 461 of the St. Louis County records and running thence along the West line of said property so conveyed to Herzog, 219.34 feet to the Northwest corner thereof, being in the North line of said Lot 1; thence West along said North line of Lot 1, 100 feet to a point; thence South 218.45 feet to a point in the North line of Studt Avenue distant 100 feet West of the point of beginning, and thence East along said North line of Studt Avenue 100 feet to the point of beginning. And beginning in the North line of Studt Avenue 30 feet wide at the Southwest corner of property conveyed to Julius Morell and wife by deed recorded in Book 1169 page 200 of the St. Louis County records, thence North along the West line of said property so conveyed to Morell and wife as aforesaid 218.45 feet to the Northwest corner thereof in the North line of the East portion of said Lot 1, thence West along said North line and the direct prolongation Westwardly thereof, 128 feet to a point, thence South 218 feet, more or less, to a point in the North line of Studt Avenue 30 feet wide distant 128 feet West from the Southwest corner of said Morell property, thence East along the North line of Studt Avenue 128 feet to the beginning, together with improvements thereon. EXCEPTING THEREFROM that part thereof conveyed to Philip H. Herzog and wife by deed recorded in Book 2191 page 80 of the St. Louis County records. An easement ten (10) feet wide over the southern ten (10) feet of property now or formerly of Raymond E. Felling and 4 Chloe Mary Felling, his wife, which property is more particularly described as follows: Part of Lot 1 of the Subdivision of STUDT'S HOME PLACE, a Subdivision in St. Louis County, Missouri, as per plat thereof recorded in Plat Book 7 page 38 of the St. Louis County records and described as: Beginning at a point in the South line of Olive Street Road at the Northeast corner of Lot 1, thence West along the South line of said road 60 feet to a point, thence South 0 degrees 40 minutes East 316 feet 3 inches to a point in the South line of property described in deed recorded in Book 281 page 413 of the St. Louis County records, distant 59 feet, more or less, West of the East line of Lot 1, thence East along the South line of property described in deed recorded in Book 281 page 413 of the St. Louis County records, 59 feet more or less to the East line, which point is distant South 0 degrees 40 minutes East 330.88 feet from the South line of Olive Street Road, thence North 0 degrees 40 minutes West along the East line of Lot 1, 330.88 feet to the place of beginning. EXCEPTING THEREFROM that part conveyed to the State of Missouri for highway purposes by instrument recorded in Book 5062 page 20 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. 5 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 November 14, 1963.