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HomeMy Public PortalAbout01497 O R D I N A N C E NO. 1497 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. WHEREAS, there exists within The Metropolitan St. Louis Sewer District an area in St. Louis County, Missouri, near the St. Charles Rock Road and Lindbergh Boulevard, known as Subdistrict No. 194 (Kenneth and Elrath) of The Metropolitan St. Louis Sewer District, 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 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 five (5) feet wide over the southwestern five (5) feet of Lot 6, and an easement five (5) feet wide over the northeastern five (5) feet of Lots 1 and 2, all of Block B of Wellston Heights, a subdivision of St. Louis County, Mo., according to the plat thereof recorded in Plat Book 16 page 6 of the St. Louis County Records. An easement of varying width across property now or formerly of Henry E. Hengen and Grace L. Hengen, his wife, which property is more particularly described as follows: The east 100 feet of a 4.00 acre tract in U.S. Survey 406, Township 46 North, Range 5 East St. Louis County, Missouri, conveyed to George S. Kist and John L. Kist, in Book 491 page 593 and described as follows: Beginning at the Southeast corner of said 4.00 acre tract; thence North 52 degrees 39 minutes West along the North line of St. Charles Rock Road 100 feet to a point; thence North 36 degrees 59 minutes East to the South line of Right of Way of the St. Louis, St. Charles and Western Electric Railroad (now abandoned); thence South 36 degrees 18 minutes East along said South line to the East line of said 4.00 acre tract; thence South 36 degrees 59 minutes West along said East line 353.83 feet to the beginning. -2- The said easement is more particularly described as follows: Beginning at the southern corner of said property, which corner is also the intersection of the northeastern line of St. Charles Rock Road and the northwestern line of Illinois Avenue (40 feet wide); thence northwestwardly, along the southwest line of said property, a distance of 100 feet to the west corner of such property; thence northeastwardly, along the northwest line of such property, a distance of ten (10) feet to a point; thence southeastwardly, along a line parallel with and ten (10) feet northeastwardly from, the aforesaid southwest line of said property, a distance of 75 feet to a point; thence southeastwardly, in a straight line, to its intersection with the southeastern line of such property, at a point thereon 15 feet northeast of the southern corner of said property, measured along said southeastern line; thence southwestwardly, along said southeastern line, to the point of beginning. An easement of varying width over the northwestern portion of Lots 10 and 11 in Block D of Wellston Heights, a subdivision of St. Louis County, Missouri, according to the plat thereof recorded in Plat Book 16 page 6 of the St. Louis County Records, the said easement being more particularly described as follows: Beginning at the northern corner of aforesaid Lot 11; thence southwestwardly along the northwest lot lines of -3- aforesaid Lots 11 and 10 to the western corner of said Lot 10; thence southeastwardly, along the southwest line of said Lot 10, a distance of 20.77 feet to a point; thence northwardly, in a straight line, across said Lots 10 and 11, to a point in the northeastern line of Lot 11, which point is five (5) feet southeast of the northern corner of said Lot 11, measured along the said northeast lot line thereof; thence northwestwardly, along said northeast lot line, to the point of beginning. An easement ten (10) feet wide over the western ten (10) feet of Lot 6, Block D of Wellston Heights, a subdivision of St. Louis County, Missouri, according to the plat thereof recorded in Plat Book 16 page 6 of the St. Louis County Records, excepting therefrom that part conveyed to the State of Missouri by deed recorded in Book 1205 page 54 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. The foregoing Ordinance was adopted May 24, 1966. -4-