HomeMy Public PortalAbout02158 O R D I N A N C E NO. 2158
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
Ballas and Conway wherein there 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 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 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 Nomen Holding Company, centerline of which
easement is more particularly described as follows:
Beginning at the intersection of the present western line of
Ballas Road and a line five (5) feet South of and parallel to
the northern line of a tract of land conveyed to Nomen
Holding Company by deed recorded in Book 6285, Page 1338 of
the records of St. Louis County, Missouri; thence North 89
degrees 40 minutes West along said parallel line 413.10 feet;
thence South 00 degrees 20 minutes West to the northeastern
corner of a tract of land conveyed to Towertown Investment
Company by deed recorded in Book 4341, Page 229 of the
records of St. Louis County, Missouri.
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.
Section Two. Counsel for The Metropolitan St. Louis
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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. The foregoing Ordinance was adopted May 6, 1971.