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HomeMy Public PortalAbout02084 O R D I N A N C E NO. 2084 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 of the area and authorizing the acquisition of such easements by purchase or by the institution of condemnation proceedings, with an emergency clause. WHEREAS, there exists within The Metropolitan St. Louis Sewer District an area of St. Louis County, Missouri, in which numerous people live and work, and which is to be served by a sanitary sewer line known as the Mississippi River Sanitary Interceptor Sewer Extension (Columbia Bottoms); 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 constructing sanitary sewers over and across said area in order to relieve and alleviate 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 insanitary and dangerous conditions, it is necessary to appropriate and acquire by the exercise of eminent domain or otherwise, an easement for the use of a sewer line as hereinafter set forth, together with temporary easements adjacent to the right of way as obtained for working room during the construction period, and the right of ingress and egress over the premises sought to be condemned for access to such easement, said permanent and temporary easements being more particularly described as follows: Permanent easements 10 feet wide over property now or formerly of GLASGOW VILLAGE MEMORIAL POST NO. 267, AMERICAN LEGION DEPARTMENT OF MISSOURI, which easements are described as strips of land 10 feet wide executing a "Y" shaped traverse across that property in U.S. Survey 141, Township 47 North, Range 7 East, St. Louis County, Mo. conveyed to said Glasgow Village Memorial Post No. 267 American Legion Department of Missouri, by deed recorded in Book 3801, Page 129, St. Louis County Recorder's office, and are described as follows: (1) A strip of land 10 feet wide, the centerline of which is described as: Beginning in that segment of the east line of said American Legion property which is common with the west line of property conveyed to Eugene J. Schaefer and wife by deed recorded in Book 5065, Page 401, said Recorder's office, distant along said, common line N. 03 degrees 16 minutes west, 83.27 feet from the southwest corner of said Schaefer property; thence North 50 degrees 49 minutes West, 215.60 feet; thence North 63 degrees 30-1/4 minutes West, 225.00 feet; thence North 79 degrees 30-1/4 minutes West, 300 3 feet; thence North 64 degrees 50-1/4 minutes West, 279.60 feet to a point hereby designated "A"; thence North 89 degrees 50-1/4 minutes West, 218.55 feet; thence South 56 degrees 09-3/4 minutes West, 105.10 feet; and thence South 77 degrees 09-3/4 minutes West, 102 feet ∀ to its terminus in the west line of said American Legion property at a point distant South 07 degrees 44 minutes West 175 feet ∀ therealong from the northwest corner of said American Legion property. (2) A strip of land 10 feet wide, situated within said property described in deed recorded in said Book 3801, Page 129, the centerline of which additional 10 feet wide strip of land is described as: Beginning at the point designated "A" as described in (1) above; thence northerly in a straight line 40 feet, more or less, to a point in the north line of said American Legion property distant therealong South 81 degrees 40 minutes East, 391.00 feet from its northwest corner; the 10 feet wide strip of land described in (1) above, is bounded on the east by the west line of said Schaefer property and on the west by the west line of said American Legion property; and the 10 feet wide strip of land described in (2), above, is bounded on the south by the 10 feet wide strip of land first hereinabove described, and on the north by the north line of said American Legion property. Temporary easements during original construction of sewer facilities, after which all rights of the condemnor shall 4 cease, which temporary easements are described as strips of land 30 feet in width on each side of, and immediately adjacent to the hereinabove described 10 feet wide permanent easements, and extending the full lengths of the above described 10 feet wide permanent easements. Section Two. Counsel for The Metropolitan St. Louis Sewer District be and is hereby authorized to acquire by purchase, if possible, subject to approval of the Board of Trustees, or to institute and prosecute an action in condemnation, as authorized by law, if necessary, to appropriate and acquire the aforesaid interests in private property. Section Three. Acquisition of said property as an essential part of a sewage system to serve the local area named is urgently required for protection of the public health. Accordingly, an emergency exists within the meaning of the Plan and this Ordinance shall therefore take effect immediately upon its enactment. 5 The foregoing Ordinance was adopted September 10, 1970.