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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.