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
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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
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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
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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.
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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.