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HomeMy Public PortalAbout02174 O R D I N A N C E NO. 2174 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. 362 (Lindbergh-East Concord) 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 Kenneth Edward Echterhoff and Joan Echterhoff, his wife, which easement is more particularly described as follows: A strip of land ten (10) feet wide, being the northern ten (10) feet of Lot 19 of Concord Square, a subdivision of St. Louis County, Missouri, according to the plat thereof recorded in Plat Book 77, Page 50 of the St. Louis County records. 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 ten (10) feet in width South of, immediately adjacent to, the hereinabove described ten (10) feet wide permanent easement; the northern line of which ten (10) feet wide temporary easement is coincident with the southern line of said ten (10) feet wide permanent easement; the western line of which ten (10) feet wide temporary easement is coincident with the eastern line of Revere Lane; the eastern line of 3 which ten (10) feet wide temporary easement is twenty (20) feet East of and parallel to the eastern line of Revere Lane. A permanent easement ten (10) feet wide across property now or formerly of Marion M. Thurman and Edna Sue Thurman, his wife, which easement is more particularly described as follows: A strip of land ten (10) feet wide being the southern ten (10) feet of Lot 23 of Concord Square, a subdivision of St. Louis County, Missouri, according to the plat thereof recorded in Plat Book 77, Page 50 of the St. Louis County records. 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 ten (10) feet in width North of, and immediately adjacent to the hereinabove described ten (10) feet wide permanent easement, the southern line of which ten (10) feet wide temporary easement is coincident with the northern line of said ten (10) feet wide permanent easement; said ten (10) feet wide easement being bounded easterly and westerly by the eastern and western lines, respectively, of said Thurman property. A temporary easement during original construction of sewer facilities, after which all rights of the condemnor shall cease, across property now or formerly of Richard J. Paul and 4 Betty J. Paul, his wife, which temporary easement is described as a strip of land ten (10) feet in width; the southern line of which ten (10) feet wide temporary easement is coincident with the southern line of Lot 18 of Concord Square, a Subdivision of St. Louis County, Missouri, according to the plat thereof recorded in Plat Book 77, Page 50, of the St. Louis County records; the western line of which ten (10) feet wide temporary easement is coincident with the eastern line of Revere Lane; the eastern line of which ten (10) feet wide temporary easement is twenty (20) feet East of and parallel to the eastern line of Revere Lane. 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. 5 The foregoing Ordinance was adopted June 3, 1971.