HomeMy Public PortalAbout02171 O R D I N A N C E NO. 2171
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. 268 (Lin Ferry-Tesson Ferry) 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 over a strip of land 10' wide in property
now or formerly of Ray L. Wisdom, which strip of land is more
particularly described as follows:
A strip of land 10' wide in Lot 7 of Walchshauser Subdivision, a
subdivision in St. Louis County, Missouri, as per plat
thereof recorded in Plat Book 54, Page 22, St. Louis County
Recorder's office, which 10' wide strip of land is bounded on
the southeast by the northwest line of the strip of land
conveyed to the State of Missouri for the widening of Tesson
Ferry Road, by deed recorded in Book 6125, Page 491, said
Recorder's office, on the southwest by the northeast line of
Walchshauser Ct., on the northeast by a line parallel with
and 10' southwest of, measured at right angles to the
northeast line of said Lot 7, and on the northwest by a line
parallel with and 10' northwest of, measured at right angles
and radially to, the northwest line of the strip of land
conveyed to the State of Missouri as aforesaid.
A temporary easement during original construction of sewer
facilities, after which all rights of the condemnor shall
cease, which temporary easement is described as being over a
strip of land 30' wide, lying northwest of, and adjacent to
the hereinabove described 10' wide permanent easement; said
30' wide strip of land being bounded on the southwest by the
northeast line of Walchshauser Ct. and on the northeast by a
line parallel with and 10' southwest of, measured at right
angles to, the northeast line of said Lot 7.
A permanent easement over a strip of land 10' wide in property now
or formerly of Francis E. Bell and wife, which strip of land
is more particularly described as follows:
A strip of land 10' wide in U.S. Survey 2994, T. 44 N., R. 6 E.,
St. Louis County, Missouri traversing property in said U.S.
Survey 2994 conveyed to Francis E. Bell and wife, by deed
recorded in Book 3157, Page 24, St. Louis County Recorder's
office, which 10' wide strip of land is bounded on the
southeast by the northwest line of the strip of land conveyed
to the State of Missouri for the widening to Tesson Ferry
Road, by deed recorded in Book 6041, Page 192, said
Recorder's office, on the northeast by the southwest line of
Walchshauser Ct., on the southwest by the southwest line of
said Bell property, and on the northwest by a line parallel
with and 10' northwest of, measured radially to, the
northwest line of the strip of land conveyed to the State of
Missouri as aforesaid.
A temporary easement during original construction of sewer
facilities, after which all rights of the condemnor shall
cease, which temporary easement is described as being over a
strip of land 30' wide, lying northwest of, and adjacent to
the hereinabove described 10' wide permanent easement; said
30' wide strip of land being bounded on the northeast by the
southwest line of Walchshauser Ct., and on the southwest by
the southwest line of said Bell property.
A permanent easement over a strip of land 10' wide in property now
or formerly of Stephen L. Duval d'Adrian and wife, which
strip of land is more particularly described as follows:
A strip of land 10' wide in U.S. Survey 2994, T. 44 NΕ, R. 6 E.
St. Louis County, Missouri, traversing property in said U.S.
Survey 2994 conveyed to Stephen L. Duval d'Adrian and wife by
deed recorded in Book 6468, Page 130, St. Louis County
Recorder's office, which 10' wide strip of land is bounded on
the southeast by the northwest line of the strip of land
conveyed to the State of Missouri for the widening of Tesson
Ferry Road, by deed recorded in Book 6305, Page 43, said
Recorder's office, on the northeast and southwest by the
northeast and southwest lines, respectively, of said Duval
d'Adrian property, and on the northwest by a line parallel
with and 10' northwest of, measured at right angles to, the
northwest line of the strip of land conveyed to the State of
Missouri as aforesaid.
A temporary easement during original construction of sewer
facilities, after which all rights of the condemnor shall
cease, which temporary easement is described as being over a
strip of land 30' wide, lying northwest of and adjacent to
the hereinabove described 10' wide permanent easement; said
30' wide strip of land being bounded on the northeast and
southwest by the northeast and southwest lines, respectively,
of said Duval d'Adrian property.
A permanent easement over a strip of land of irregular width in
property now or formerly of Wallace H. Horr and wife, which
strip of land is more particularly described as follows:
A strip of land in U.S. Survey 2994, T. 44 N., R. 6 E., St. Louis
County, Missouri, traversing property in said U.S. Survey
2994 conveyed to Wallace H. Horr and wife, by deed recorded
in Book 6418, Page 343, St. Louis County Recorder's office,
which strip of land is described as beginning in the
northeast line of said Horr property at the northernmost
corner of the strip of land acquired by the State of Missouri
for the widening of Tesson Ferry Road by condemnation through
Cause No. 287571, St. Louis County Circuit Court; thence
northwestwardly 11.00' along the northeast line of said Horr
property; thence southwestwardly in a straight line, 117'∀
to a point in the southwest line of said Horr property
distant 2.00' northwestwardly therealong from the westernmost
corner of said strip of land conveyed to the State of
Missouri; thence southeastwardly along the southwest line of
said Horr property 2.00' to the westernmost corner of said
strip of land conveyed to the State of Missouri by deed
recorded in Book 6338, Page 1093; thence northeastwardly
along the northwestern line of said widened Tesson Ferry Road
to the beginning.
A temporary easement during original construction of sewer
facilities, after which all rights of the condemnor shall
cease, which temporary easement is described as being over a
strip of land 30' wide, lying northwest of and adjacent to
the permanent easement of irregular width hereinabove
described; said 30' wide strip of land being bounded on the
northeast and southwest by the northeast and southwest lines,
respectively, of said Horr, property.
Permanent easements over strips of land, one of irregular width
and the other 5.00' wide, in property now or formerly of
George W. Straub and wife, which strips of land are more
particularly described as follows:
(1) A strip of land of irregular width in U.S. Survey 2994, T. 44
N., R. 6 E., St. Louis County, Missouri, traversing property
in said U.S. Survey 2994 conveyed to George W. Straub and
wife, by deed recorded in Book 3697, Page 108, St. Louis
County Recorder's office, which strip of land is described
as: Beginning in the northeast line of said Straub property
at the northernmost corner of the strip of land acquired by
the State of Missouri for the widening of Tesson Ferry Road,
by condemnation through Cause No. 278809, St. Louis County
Circuit Court; thence northwestwardly 2.00' along the
northeast line of said Straub property; thence
southwestwardly in a straight line 117'∀ to a point in the
southwest line of said Straub property distant 11.00'
northwestwardly therealong from the westernmost corner of
said strip of land condemned by the State of Missouri through
Cause No. 278,809; thence southeastwardly along the southwest
line of said Straub property 11.00' to the westernmost corner
of said strip of land condemned by the State of Missouri;
thence northeastwardly along the northwestern line of said
widened Tesson Ferry Road to the beginning.
(2) A strip of land 5.00' wide traversing said property of George
W. Straub and wife, described in (1), above, which 5.00' wide
strip of land is described as the southwestern 5.00'
(measured at right angles) of said Straub property, EXCEPTING
THEREFROM the southeastern part thereof as condemned by the
State of Missouri for the widening of Tesson Ferry Road and
as contained in the easement described in (1), above.
A temporary easement during original construction of sewer
facilities, after which all rights of the condemnor shall
cease, which temporary easement is described as being over an
"L" shaped strip of land, 30' wide, lying northwest of and
adjacent to the permanent easement of irregular width
described in (1), above, and northeast of and adjacent to the
5.00' wide permanent easement described in (2), above (all
measurements at right angles); and bounded on the northwest
and northeast by the northwest and northeast lines,
respectively, of said Straub property.
A permanent easement over a strip of land 10' wide in property now
or formerly of George E. Hampel and wife, which strip of land
is more particularly described as follows:
A strip of land 10' wide in Lot 5 of Werner Subdivision, a
subdivision in St. Louis County, Missouri, as per plat
thereof recorded in Plat Book 64, Page 10, St. Louis County
Recorder's office, the centerline of which 10' wide strip
coincides with a line beginning in the southeast line of said
Lot 5, distant therealong 227.00' southwesterly from the
easternmost corner of said Lot 5 and thence westerly in a
straight line to the point of intersection of the northwest
line of said Lot 5 with the 30' front building line
established for said subdivision on said recorded plat
thereof, which 10' wide permanent easement strip is bounded
on the East by the northwest line of the easement over the
southeastern 10' of said Lot 5, and on the West by the
southeast line of the easement over the northwest 5' of said
Lot 5, which said last mentioned 10' and 5' easements were
established on said recorded plat of Werner Subdivision.
Temporary easements during original construction of sewer
facilities, after which all rights of the condemnor shall
cease, which temporary easements are described as over strips
of land described as follows: (1) A strip of land 30' wide
lying North of and adjacent to the hereinabove described 10'
wide permanent easement, said 30' wide easement is bounded on
the East and on the West by the West and East lines of the
10' wide and 5' wide easements, respectively, as established
on said recorded plat of Werner Subdivision; and (2), a strip
of land of varying width lying South of and adjacent to the
hereinabove described 10' wide permanent easement, and
described as beginning at the southeast corner of the
hereinabove described 10' wide permanent easement; thence
southwesterly along a line parallel with, and 10' northwest
of, measured at right angles to, the southeast line of said
Lot 5 to its intersection with a line parallel with and 30'
South of, measured at right angles to, the South line of the
hereinabove described 10' wide permanent easement; thence
westerly and parallel with the South line of said 10' wide
permanent easement, and its prolongation, to the East line of
Carrow Ct.; thence northerly along the East line of Carrow
Ct., 27'∀ to its intersection with a line parallel with and
10' South of, measured at right angles to, the line common to
Lots 4 and 5 of said Werner Subdivision; thence easterly
along said last described parallel line, being the South line
of a sewer easement established in said Lot 5 on said
recorded plat of Werner Subdivision, 30'∀ to an angle point
in said established easement; thence northeasterly 5'∀ along
the southeastern line of said established easement to the
southwest corner of the hereinabove described 10' wide
permanent easement; and thence easterly 55'∀ along the South
line of said 10' wide permanent easement, to the beginning.
A permanent easement over a strip of land 5' wide in property now
or formerly of Jacob G. Piskulich and wife, which strip of
land is more particularly described as follows:
The northern 5.00', measured at right angles, of Lot 1 of Werner
Subdivision, a subdivision in St. Louis County, Missouri, as
per plat thereof recorded in Plat Book 64, Page 10, St. Louis
County Recorder's office; EXCEPTING THEREFROM the western
10.00' thereof (measured at right angles).
A temporary easement during original construction of sewer
facilities, after which all rights of the condemnor shall
cease, which temporary easement is described as being over
the southern 30' of the northern 35' (both measurements at
right angles) of Lot 1 of said Werner Subdivision; EXCEPTING
THEREFROM the western 10.00' thereof (measured at right
angles).
A permanent easement over a strip of land 5' wide in property now
or formerly of Frederick C. Miller and wife, which strip of
land is more particularly described as follows:
The southern 5.00', measured at right angles, of Lot 2 of Werner
Subdivision, a subdivision in St. Louis County, Missouri, as
per plat thereof recorded in Plat Book 64, Page 10, St. Louis
County Recorder's office; EXCEPTING THEREFROM the western
10.00' thereof (measured at right angles).
A temporary easement, during original construction of sewer
facilities, after which all rights of the condemnor shall
cease, which temporary easement is described as being over
the northern 30.00' of the southern 35.00' (both measurements
at right angles) of Lot 2 of said Werner Subdivision;
EXCEPTING THEREFROM, the western 10.00' thereof, measured at
right angles.
A permanent easement over a strip of land 10' wide through
property now or formerly of Frank Rericha and wife, which
strip of land is more particularly described as follows:
A strip of land 10' wide in Lot 9 of Ochs Acres, a subdivision in
St. Louis County, Missouri, as per plat thereof recorded in
Plat Book 48, Page 11, St. Louis County Recorder's office,
the centerline of which 10' wide strip coincides with a
straight line passing through a point in the East line of
said Lot 9, distant 30.00' southerly therealong from the
northeast corner of said Lot 9 and a point in the West line
of Lot 10 of said Ochs Acres, distant 5.00' southerly along
said West line from the northwest corner of said Lot 10; and
which 10' wide strip of land is bounded westerly by the West
line of said Lot 9 and easterly by a line parallel with and
10' West of, measured at right angles to, the East line of
said Lot 9.
Temporary easements during original construction of sewer
facilities, after which all rights of the condemnor shall
cease, which temporary easements are described as being over
(1) a triangular strip of land in said Lot 9, which
triangular strip is bounded northerly and easterly by the
southern and western lines, respectively, of the 10' wide
easements established on said Lot 9 of said recorded plat of
Ochs Acres, and southwesterly by the northeast line of the
hereinabove described 10' wide permanent easement; and (2) a
strip of land 30' wide, lying southwest of and adjacent to
the hereinabove described 10' wide permanent easement; said
30' wide strip of land being bounded on the West by the West
line of said Lot 9 and on the East by a line parallel with
and 10' West of, measured at right angles to the East line of
said Lot 9.
A permanent easement over a strip of land 5' wide in property now
or formerly of Bertha Schmelig, which strip of land is more
particularly described as follows:
A strip of land 5.00' wide in Lot 4 of W. F. Musick Subdivision in
U.S. Survey 2994, St. Louis County, Missouri, traversing
property conveyed to Bertha Schmelig by deed recorded in Book
2750, Page 433, St. Louis County Recorder's office, which
5.00' wide strip is described as: Beginning at the
westernmost corner of Lot 2 of Werner Subdivision, a
subdivision as per plat thereof recorded in Plat Book 64,
Page 10, St. Louis County Recorder's office; thence
southeasterly 40.00' along the southwest lines of Lots 2 and
1 of said Werner Subdivision; thence southwesterly 5.00', at
right angles to the southwest line of said Lot 1; thence
northwesterly, parallel with said southwestern lines of said
Lots 1 and 2, to the southeast line of property conveyed to
Alfred Crancer and wife, by deed recorded in Book 2080, Page
640, said Recorder's office; and thence northeasterly along
the southeast line of said Crancer property, 5'∀ to the
beginning.
A temporary easement during original construction of sewer
facilities, after which all rights of the condemnor shall
cease, which temporary easement is described as being over an
"L" shaped parcel of land described as: Beginning in the
southwest line of said Lot 1, distant southeasterly 40' along
the southwest lines of said Lots 2 and 1 from the westernmost
corner of said Lot 2; thence southeasterly 30.00' along the
southwest line of said Lot 1; thence southwesterly 35.00' at
right angles to the southwest line of said Lot 1; thence
northwesterly, parallel with said southwestern lines of said
Lots 1 and 2, to the southeast line of said Crancer property;
thence northeasterly along the southeast line of said Crancer
property 30' to the southwest line of the hereinabove
described 5.00', wide permanent easement; and thence
southeasterly 35'∀, and northeasterly 5.00', along the
southwest and southeast lines, respectively, of said 5.00'
wide permanent easement, to the beginning.
A permanent easement over a strip of land 10' wide through
property now or formerly of Wilfred W. Geitz and wife, which
strip of land is more particularly described as follows:
A strip of land 10.00' wide in Lot 5 of W. F. Musick's Subdivision
in Sec. 28, T. 44 N., R. 6 E., St. Louis County, Missouri;
traversing property conveyed to Wilfred W. Geitz and wife, by
deed recorded in Book 3778, Page 549, St. Louis County
Recorder's office, the centerline of which 10.00' wide strip
is described as: Beginning in the northwestern line of
Missouri State Highway FF (21), New Tesson Ferry Road, as
established under Cause No. 278809, St. Louis County Circuit
Court, distant southwesterly therealong 223.00' from its
intersection with the southern line of Lindbergh Boulevard,
said southern line of Lindbergh Boulevard being that as
established also under the same Cause No. 278809; thence
westerly in a straight line to a point in the East line of
Lot 9 of Ochs Acres, a subdivision as per plat thereof
recorded in Plat Book 48, Page 11, said Recorder's office,
distant 30.00' South along said East line of said Lot 9 from
the northeast corner thereof; said 10' wide strip of land
being bounded easterly by said northwestern line of Missouri
State Highway FF (21) and westerly by the East line of said
Lot 9 of Ochs Acres.
Temporary easements during original construction of sewer
facilities, after which all rights of the condemnor shall
cease, which temporary easements are described as being over
strips of land 30' wide excepting therefrom the area
presently occupied by existing permanent buildings on each
side of, and adjacent to, the hereinabove described 10' wide
permanent easement; said 30' wide strips of land being
bounded easterly by said northwestern line of Missouri State
Highway FF (21) and westerly by the East line of said Lot 9
of Ochs Acres.
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.
The foregoing Ordinance was adopted May 20, 1971.