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HomeMy Public PortalAbout01385 O R D I N A N C E NO. 1385 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 St. Louis County, Mo. (Subdistrict No. 227, Gravois-Sappington Trunk) in which there live and work 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 the 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 Metro- politan 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 domain or otherwise, easements for the use of sewers 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 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 following described property: Property now or formerly of Fred Lehmkuhl and Marie Lehmkuhl, his wife, in part of the NW 1/4 of Section 20, Township 44 North, Range 6 East, St. Louis County, Missouri, and more particularly described as beginning at a point on the southeast boundary of Gravois Road (80 feet wide), which point is 293.09 feet, more or less, southwest of the point of intersection of the centerline of Emil Avenue (40 feet wide) and the said southeast line of Gravois Road, measured along said southeast line of Gravois Road, which point of beginning is also the intersection of the northeast corner of said Lehmkuhl property and the northwestern corner of Lot 2 of the Resubdivision of Lot 1 of Sappington Heights, a subdivision of St. Louis County, Missouri, according to the plat thereof recorded in Plat Book 14 page 64 of the St. Louis County Records; thence southwestwardly along the said southeast line of Gravois Road a distance of 334 feet more or less to the northwest corner of said Lehmkuhl property; thence South 0 degrees 50 minutes West 669.80, more or less, feet to the southwest corner of said Lehmkuhl property; thence South 89 degrees 17 minutes East 292 feet, more or less, to the southeast corner of said Lehmkuhl property; thence North 0 degrees 50 minutes East to the south line of Gravois Road, which is the point of beginning. The centerline of the aforesaid ten (10) foot wide easement is described as follows: Beginning at the point of intersection with the eastern boundary of aforesaid Lehmkuhl property and a line which begins at a point which is 5 feet east of the said east boundary of Lehmkuhl, measured perpendicular thereto and 260 feet north of the eastwardly prolongation of the aforesaid south line of Lehmkuhl, measured perpendicularly thereto, and which centerline of easement proceeds thence westwardly in a straight line across such Lehmkuhl property through its point of intersection with the west boundary of such Lehmkuhl property and continuing westwardly, in a straight line, to a point 80 feet west of and perpendicular to such western boundary of Lehmkuhl and 290 feet north of and perpendicular to the westward prolongation of the south boundary of Lehmkuhl. 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 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 August 26, 1965.