HomeMy Public PortalAbout02234 O R D I N A N C E NO. 2234
AN ORDINANCE repealing Ordinance No. 2171, adopted May
20, 1971 and enacting a new ordinance in lieu thereof on the same
subject; 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 on adjacent lands
and authorizing the institution of condemnation proceedings in
connection therewith,
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. Ordinance No. 2171, adopted May 20, 1971
is hereby repealed.
Section Two. In order to protect the public health
and relieve unsanitary 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
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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
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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 N., R. 6 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
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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.
Permanent easements over strips of land 10' and 5' wide through
property now or formerly of Wilfred W. Geitz and wife, which
strips of land are more particularly described as follows:
(1) 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 266.00' 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
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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 70.00' South along said East line of said Lot 9 from
the northeast corner thereof; said 10' wide strip of land
being bonded easterly by said northwestern line of Missouri
State Highway FF (21) and westerly by the East line of said
Lot 9 of "Ochs Acres."
(2) A strip of land 5.00' wide traversing said property of
Wilfred W. Geitz and wife, described in (1) above, which
5.00' wide strip of land is described as: Bounded
northwardly by a line radial to the northwest line of said
New Tesson Ferry Road and extending northwesterly therefrom,
at a point therein distant 218.00' southwesterly therealong
from its intersection with the southern line of said
Lindbergh Boulevard; bounded southwardly by the northern line
of the 10.00' wide permanent easement described in (1) above;
bounded easterly by said northwestern line of New Tesson
Ferry Road; and bounded westerly by a line 5.00'
northwesterly from, and parallel with said northwestern line
of New Tesson Ferry Road.
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
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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 Three. 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 Four. 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.
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The foregoing Ordinance was adopted October 13, 1971.