Loading...
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 3 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. 4 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. 5 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 6 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 7 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 8 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 9 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. 10 The foregoing Ordinance was adopted November 12, 1970.