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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 Ordinance No. 2171, adopted May 20, 1971 is hereby repealed.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 3 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 4 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 5 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 6 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 7 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. 8 The foregoing Ordinance was adopted October 13, 1971.