HomeMy Public PortalAbout01640 O R D I N A N C E NO. 1640
AN ORDINANCE repealing Ordinance No. 1620, adopted June
14, 1967 and enacting a new ordinance in lieu thereof on the same
subject; 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 of 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
Springdale Drive and Ballas Road, known as Subdistrict No. 246
(Springdale & Ballas) 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 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
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. Ordinance No. 1620, adopted June 14,
1967, is hereby repealed.
Section Two. 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:
A permanent easement ten (10) feet wide over a tract of
land conveyed to Agnes M. Warncke by deeds recorded in Book 6231,
pages 337, 339, 340 and 342 of the St. Louis County Recorder's
office and being part of Lot 6 of the George A. Fussner's Estate
Subdivision in Partition by Commissioners in the East 1/2 of the
Southwest 1/4 of Section 27, Township 45 North, Range 5 East, St.
Louis County, Missouri. The centerline of said 10 foot wide
easement over aforesaid property of Warncke is described as
follows: Beginning in the south line of said property conveyed to
Agnes M. Warncke distant along said south line North 89 degrees 43
minutes West, 5.00 feet from the southeast corner of said Warncke
property in the west line of Ballas Road, 60 feet wide; thence
North 01 degree 39 minutes West, 133.36 feet to its terminus in
the north line of said Warncke property distant along said north
line North 89 degrees 36 minutes West, 10.00 feet from the
northeast corner of said Warncke property in the west line of said
Ballas Road; said 10 foot wide strip herein described being
bounded southwardly and northwardly by the south and north lines,
respectively, of said Warncke property. -2-
A temporary easement during original construction of
sewer facilities, after which all rights of the condemnor shall
cease, over land described as the eastern 45 feet of the tract of
land conveyed to Agnes M. Warncke by deeds recorded in Books 6231,
pages 337, 339, 340 and 342, St. Louis County Recorder's office;
EXCEPTING THEREFROM, the 10 foot wide permanent easement
hereinabove described over said Warncke property.
A permanent easement ten (10) feet wide over the west
10 feet of the east 25 feet of property conveyed to Gladstone
Waldrip and Frances L. Waldrip, his wife, by deed recorded in Book
2502, page 230 of the St. Louis County Recorder's office, said
property being part of Lot 6 of George A. Fussner's Estate
Subdivision in Partition by Commissioners in the east 1/2 of the
southwest 1/4 of Section 27, Township 45 North, Range 5 East, St.
Louis County, Missouri.
A temporary easement during original construction of
sewer facilities, after which all rights of the condemnor shall
cease, over the eastern 45 feet of the tract of land conveyed to
Gladstone Waldrip and Frances L. Waldrip, his wife, by deed
recorded in Book 2502, page 230, St. Louis County Recorder's
office; EXCEPTING THEREFROM the 10 foot wide permanent easement
hereinabove described over said Waldrip property.
A permanent easement twenty-five (25) feet wide over
the South 25 feet of property conveyed to J. J. Murphy Investment
Company by deed recorded in Book 5650, page 107 of the St. Louis
County Recorder's office, said property being further described as
lying in the Northwest 1/4 of Section 27, Township 45 North,
-3-
Range 5 East, St. Louis County, Missouri.
A temporary easement during original construction of
sewer facilities, after which all rights of the condemnor shall
cease, over the North 20 feet of the South 45 feet of the tract of
land conveyed to J. J. Murphy Investment Company by deed recorded
in Book 5650, page 107, St. Louis County Recorder's office.
A permanent easement twenty-five (25) feet wide over
the South 25 feet of property conveyed to Chester C. Prescott and
Mary M. Prescott, his wife, by deed recorded in Book 5650, page
105 of the St. Louis County Recorder's office, said property being
further described as lying in the northwest 1/4 of Section 27,
Township 45 North, Range 5 East, St. Louis County, Missouri.
A temporary easement during original construction of
sewer facilities, after which all rights of the condemnor shall
cease, over the North 20 feet of the South 45 feet of the tract of
land conveyed to Chester C. Prescott and Mary M. Prescott, his
wife, by deed recorded in Book 5650, page 105, St. Louis County
Recorder's office.
Section Three. 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 July 26, 1967. -4-