HomeMy Public PortalAbout01093 O R D I N A N C E NO. 1093
AN ORDINANCE declaring the necessity for the
acquisition of an easement within certain existing property within
The Metropolitan St. Louis Sewer District, for the purpose of
permitting construction of sewers and improved stormwater channels
therein to serve the needs of residents on adjacent lands and an
easement for the discharge of stormwater on and over such property
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 Brentwood, Missouri, in
which there work and live numerous people and which collects large
amounts of storm water, and
WHEREAS, storm water 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
and welfare 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
welfare and relieve the aforesaid unhealthy and dangerous
conditions, it is necessary to appropriate and acquire by the
exercise of eminent domain or otherwise, an easement for the use
of sewers and improved stormwater channels as hereinafter set
forth, together with such working space adjacent to the right-of-
way as obtained as may be required for working room during the
construction period, and an easement for the discharge of
stormwater as hereinafter set forth, and the right of ingress and
egress over the premises sought to be condemned for the access to
such easements:
An easement fifteen (15) feet wide and an easement for
the discharge of stormwater in property in Block 5, Forest Hills
Park, a subdivision of St. Louis County, Missouri, according to
the plat thereof recorded in Plat Book 19 page 36 of the St. Louis
County Records, such property being described in the instrument
recorded in Book 3740 page 358 of the St. Louis County Records and
the centerline of which 15 foot wide easement is described as
follows:
Beginning at the Northeast corner of aforesaid Block 5
of Forest Hills Park; thence Westwardly along the North line of
aforesaid Block 5 a distance of 33.03 feet to the point of
beginning of aforesaid 15 foot wide easement; thence
Southwestwardly, at a deflection angle of 78 degrees 30 minutes to
the left from said North line of Block 5, a distance of 10.00 feet
to a point; thence Southeastwardly at a deflection angle of 49
degrees 30 minutes to the left, a distance of 35 feet to its
terminus.
An easement for the discharge of storm water over the
previously described property, and into an existing creek or
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stormwater channel at the Southeastern line of aforesaid 15 foot
wide easement, the stormwater to flow generally Southwardly and
Eastwardly in said channel.
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.
Section Three. The immediate construction of sewers
being necessary in order to protect the public health and welfare
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 December 19, 1963.
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