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HomeMy Public PortalAbout01183 O R D I N A N C E NO. 1183 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 easterly line of which 15 foot wide easement is described as follows: Beginning at the southeast corner of aforesaid Block 5 of Forest Hills Park; thence northwestwardly in a straight line to its intersection with the northern line of aforesaid Block 5 at a point 25.39 feet westwardly from the northeast corner of said Block 5, measured along the said northern line thereof. An easement for the discharge of storm water over the previously described property, and into an existing creek or stormwater channel at or near the southeastern corner of aforesaid 15 foot wide easement, the stormwater to flow generally eastwardly in said channel. -2- 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 July 9, 1964. -3-