HomeMy Public PortalAbout02099 O R D I N A N C E NO. 2099
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, known as
Subdistrict No. 345 (Lindbergh & Concord Village Avenue) of The
Metropolitan St. Louis Sewer District wherein 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 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, easements 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 easements, said
permanent and temporary easements being more particularly
described as follows:
A permanent easement ten (10) feet wide across property now or
formerly of Malloy B. Chiles and wife, which easement is more
particularly described as follows:
A strip of land ten (10) feet wide, being the southern ten (10)
feet of that pa#t of Lot 2 of W. F. Musick's Subdivision, as
per plat thereof recorded in Plat Book 10, Pages 78 and 79 of
the City (former County) of St. Louis, Missouri, Recorder's
office, conveyed to Malloy B. Chiles and wife by deed
recorded in Book 4812, Page 527, St. Louis County Recorder's
office, and further described as: Beginning at the
southeastern corner of said Chiles property; thence along the
southerly line thereof South seventy-one (71) degrees forty-
five (45) minutes West, two hundred thirty-five and ninety-
four hundredths (235.94) feet to the southwestern corner
thereof; thence North eight (8) degrees forty-one (41)
minutes West, ten and twenty-five hundredths (10.25) feet
along the westerly line of said Chiles property to its
intersection with a line parallel with and ten (10) feet
northerly from, measured at right angles to, said southerly
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line of said Chiles property; thence North seventy-one (71)
degrees forty-five (45) minutes East, two hundred thirty-
three and sixty-seven (233.67) feet along said parallel line
to the easterly line of said Chiles property; and thence
along said easterly line South eighteen (18) degrees
seventeen and one-half (17-1/2) minutes East, ten and no one
hundredths (10.00) feet to the beginning.
Temporary easements during original construction of sewer
facilities, after which all rights of the condemnor shall
cease, which temporary easements are described as strips of
land forty (40) feet in width on each side of, and
immediately adjacent to, the hereinabove described ten (10)
feet wide permanent easement; the southern and northern lines
of which forty (40) feet wide temporary easements are
coinciding with the northern and southern lines,
respectively, of said ten (10) feet wide permanent easement;
the northerly of said forty (40) feet wide easements is
bounded easterly and westerly by the eastern and western
lines, respectively, of said Chiles property; and the
southerly of said forty (40) feet wide easements is bounded
easterly and westerly by the eastern and western lines,
respectively, of another property as conveyed to said Malloy
B. Chiles and wife by deed recorded in Book 3511, Page 548,
said Recorder's office.
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A permanent easement ten (10) feet wide across property now or
formerly of Oscar A. Walker and wife, which easement is more
particularly described as follows:
A strip of land ten (10) feet wide situated in Lots 2 and 12 of W.
F. Musick's Subdivision, as per plat thereof recorded in Plat
Book 10, Pages 78 and 79 of the City (former County) of St.
Louis, Missouri, Recorder's office, traversing property in
said Lots 2 and 12 conveyed to Oscar A. Walker and wife by
instrument recorded in Book 6322, Page 1890, St. Louis County
Recorder's office, and described as: Beginning in the
easterly line of said Walker property at the southwest corner
of property conveyed to Malloy B. Chiles and wife by deed
recorded in Book 4812, Page 527, St. Louis County Recorder's
office; thence along the westerly prolongation of the
southerly line of said Chiles property, South seventy-one
(71) degrees forty-five (45) minutes West, one hundred three
and seventy-one hundredths (103.71) feet to the westerly line
of said Walker property; thence along said westerly line
North eight (08) degrees forty-one (41) minutes West, ten and
fourteen hundredths (10.14) feet; thence North seventy-one
(71) degrees forty-five (45) minutes East, one hundred four
and twenty-nine hundredths (104.29) feet to the easterly line
of said Walker property; and thence along said easterly line
South five (05) degrees twenty-nine (29) minutes East, ten
and twenty-five hundredths (10.26) feet to the beginning.
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Temporary easements during original construction of sewer
facilities, after which all rights of the condemnor shall
cease, which temporary easements are described as strips of
land forty (40) feet in width on each side of, and
immediately adjacent to the hereinabove described ten (10)
feet wide permanent easement, the southern and northern lines
of which forty (40) feet wide temporary easements are
coincident with the northern and southern lines,
respectively, of said ten (10) feet wide permanent easement;
said forty (40) feet wide easements being bounded easterly
and westerly by the eastern and western lines, respectively,
of said Walker property.
A permanent easement ten (10) feet wide across property now or
formerly of the Alexander Walker Estate, Hilda Vonderhaar,
Administratrix, which easement is more particularly described
as follows:
A strip of land ten (10) feet wide situated in Lot 12 of W. F.
Musick's Subdivision, as per plat thereof recorded in Plat
Book 10, Pages 78 and 79 of the City (former County) of St.
Louis, Missouri, Recorder's office, traversing the southern
ten (10) feet (measured at ninety (90) degrees) of property
granted to Alexander Walker, Hilda Vonderhaar, Guardian by
Cause Number 197065 of the St. Louis County Circuit Court, a
copy of which is recorded in Book 3842, Page 246, St. Louis
County Recorder's office, and having a length along its
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southern line of seventy-three and ninety-two hundredths
(73.92) feet along the northern line of Lindbergh Boulevard,
one hundred (100) feet wide.
Temporary easements during original construction of sewer
facilities, after which all rights of the condemnor shall
cease, which temporary easement is described as a strip of
land forty (40) feet in width immediately adjacent to the
northern line of the hereinabove described ten (10) feet wide
permanent easement; said forty (40) feet wide temporary
easement being bounded easterly and westerly by the eastern
and western lines, respectively, of said Alexander Walker
property.
A permanent easement ten (10) feet wide across property now or
formerly of the Joseph Walker estate, Hilda Vonderhaar,
Administratrix, which easement is more particularly described
as follows:
A strip of land ten (10) feet wide situated in Lot 12 of W. F.
Musick's Subdivision, as per plat thereof recorded in Plat
Book 10, Pages 78 and 79 of the City (former County) of St.
Louis, Missouri, Recorder's office, traversing the southern
ten (10) feet (measured at ninety (90) degrees) of property
granted to Joseph Walker, Hilda Vonderhaar, Guardian, by
Cause Number 197065 of the St. Louis County Circuit Court, a
copy of which is recorded in Book 3842, Page 246, St. Louis
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County Recorder's office, and having a length along its
southern line of seventy-three and ninety-three hundredths
(73.93) feet along the northern line of Lindbergh Boulevard,
one hundred (100) feet wide.
A temporary easement during original construction of sewer
facilities, after which all rights of the condemnor shall
cease, which temporary easement is described as a strip of
land forty (40) feet in width immediately adjacent to the
northern line of the hereinabove described ten (10) feet wide
permanent easement; said forty (40) feet wide temporary
easement being bounded easterly and westerly by the eastern
and western lines, respectively, of said Joseph Walker
property.
A permanent easement ten (10) feet wide across property now or
formerly of Hilda Vonderhaar, which easement is more
particularly described as follows:
A strip of land ten (10) feet wide situated in Lot 12 of W. F.
Musick's Subdivision, as per plat thereof recorded in Plat
Book 10, Pages 78 and 79 of the City (former County) of St.
Louis, Missouri, Recorder's office, traversing the southern
ten (10) feet (measured at ninety (90) degrees) of property
granted to Hilda Vonderhaar by Cause Number 197065 of the St.
Louis County Circuit Court, a copy of which is recorded in
Book 3842, Page 246, St. Louis County Recorder's office, and
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having a length along its southern line of seventy-three and
ninety-three hundredths (73.93) feet along the northern line
of Lindbergh Boulevard, one hundred (100) feet wide.
A temporary easement during original construction of sewer
facilities, after which all rights of the condemnor shall
cease, which temporary easement is described as a strip of
land forty (40) feet in width immediately adjacent to the
northern line of the hereinabove described ten (10) feet wide
permanent easement; said forty (40) feet wide temporary
easement being bounded easterly and westerly by the eastern
and western lines, respectively, of said Hilda Vonderhaar
property.
A permanent easement ten (10) feet wide across property now or
formerly of John Vonderhaar and wife, which easement is more
particularly described as follows:
A strip of land ten (10) feet wide situated in Lot 12 of W. F.
Musick's Subdivision, as per plat thereof recorded in Plat
Book 10, Pages 78 and 79 of the City (former County) of St.
Louis, Missouri, Recorder's office, traversing the southern
ten (10) feet (measured at ninety (90) degrees) of property
conveyed to John Vonderhaar and Hilda Vonderhaar, his wife,
by deed recorded in Book 2324, Page 143, St. Louis County
Recorder's office, and having a length along its southern
line of four hundred ninety-eight (498) feet ∀ along the
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northern line of Lindbergh Boulevard, one hundred (100) feet
wide.
A temporary easement during original construction of sewer
facilities, after which all rights of the condemnor shall
cease, which temporary easement is described as a strip of
land forty (40) feet in width immediately adjacent to the
northern line of hereinabove described ten (10) feet wide
permanent easement; said forty (40) feet wide temporary
easement being bounded easterly and westerly by the eastern
and western lines, respectively, of said John Vonderhaar and
wife property.
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.
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The foregoing Ordinance was adopted November 12, 1970.