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HomeMy Public PortalAbout02300 O R D I N A N C E NO. 2300 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. 343 (Manchester & I-244 Interceptor) 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 10 feet wide, over, across and through a tract of land conveyed to George Weber, Jr. by deed recorded in Book 6452, Page 951, St. Louis County, Missouri, Recorder's office, the centerline of which 10 feet wide easement is described as: Beginning in the South line of said Weber property distant therealong South 89 degrees 28 minutes East, 280.00 feet from its southwest corner in the East line of Des Peres Road, 40 feet wide; thence North 25 degrees 58 minutes West, 193.00 feet; and thence North 58 degrees 31 1/2 minutes West, 226.15 feet ∀ to its terminus in the East line of said Des Peres Road at a point distant along said road line North 00 degrees 31 minutes East, 289.00 feet from the southwest corner of said Weber property. The 10 feet wide easement rein described in bounded westerly by the East line of Des Peres Road, 40 feet wide, and southerly by the South line of said George Weber, Jr. property. Temporary easements during original construction of sewer facilities, after which all rights of the condemnor shall cease, which temporary easements are described as strips of land forty (40) feet in width on each side of, and immediately adjacent 3 to the hereinabove described ten (10) feet wide permanent easement; the southwesterly line of the northeasterly forty (40) feet wide temporary easement is coincident with the northeastern line of the hereinabove described ten (10) feet wide permanent easement, and the northeasterly line of the southwesterly forty (40) feet wide temporary easement is coincident with the southwestern line of the hereinabove described ten (10) feet wide permanent easement; said forty (40) feet wide temporary easements being bounded on the West and on the South by the West and South lines, respectively, of said George Weber, Jr. property. Two 10 feet wide easements over, across and through a tract of land conveyed to Bernard A. Weidinger and wife, by deed recorded in Book 5975, Page 387, St. Louis County, Missouri, Recorder's office, which 10 feet wide easements are described in (1) and (2), below: 1) A strip of land 10 feet wide, the centerline of which is described as: Beginning in the North line of said Weidinger property distant South 89 degrees 28 minutes East, 50.00 feet from the northeast corner of property conveyed to Walter J. Platte, Jr. and wife, by deed recorded in Book 3737, Page 595, St. Louis County, Missouri, Recorder's office; thence South 25 degrees 58 minutes East, 184.00 feet; thence South 53 degrees twenty-eight minutes East, 390.00 feet; and thence North 85 degrees 51 1/2 minutes East, 111 feet ∀ to its terminus in the westerly line of the 10 feet wide easement granted to Metropolitan St. Louis Sewer District by instrument recorded in Book 6018, Page 107, said 4 Recorder's office. The 10 feet wide instrument here described is bounded northerly by the East segment of the North line of said Weidinger property and easterly by the West line of said easement heretofore granted to Metropolitan St. Louis Sewer District by instrument recorded in said Book 6018, Page 107. 2) A strip of land 10 feet wide by 45 feet ∀ long, and described as: Bounded westerly by the East line of property conveyed to Walter J. Platte, Jr. and wife by deed recorded in Book 3737, Page 595, St. Louis County, Missouri, Recorder's office; bounded easterly by the western line of the 10 feet wide easement described in (1), above; bounded northerly by the East segment of the North line of property conveyed to Bernard A. Weidinger and wife by deed recorded in Book 5975, Page 387, said Recorder's office; and bounded southerly by a line parallel with and 10 feet southerly from, measured at right angles to, said East segment of the North line of said Weidinger property. Temporary easements during original construction of sewer facilities, after which all rights of the condemnor shall cease, which temporary easements are described as strips of land generally forty (40) feet in width, on each side of and immediately adjacent to the ten (10) feet wide permanent easement described in (1), above, and a strip of land forty (40) feet in width on the South side of, and immediately adjacent to the ten (10) feet wide permanent easement described in (2), above, and which temporary easements are more particularly described as follows: 5 (A) Beginning in the North line of property conveyed to Bernard A. Weidinger and wife, by deed recorded in Book 5975, Page 387, St. Louis County, Missouri, Recorder's office, distant South 89 degrees 28 minutes East, 55.57 feet from the northeast corner of property conveyed to Walter J. Platte, Jr. and wife by deed recorded in Book 3737, Page 595, said Recorder's office, being at a northeast corner of the ten (10) feet wide permanent easement described in (1), above; thence southeasterly along the northeastern line of said permanent easement to the other northeast corner thereof, being in the western line of a ten (10) feet wide permanent easement granted to Metropolitan St. Louis Sewer District by instrument recorded in Book 6018, Page 107, said Recorder's office; thence North and East, along the West and North lines, respectively, of said last described ten (10) feet wide permanent easement, to its northeast corner in the West right-of- way line of U.S. Highway No. I-244; thence northerly along said right-of-way line to its intersection with the easterly prolongation of a line parallel with and forty-five (45) feet northerly from, measured at right angles to, the last centerline course (North 85 degrees 51 1/2 minutes East, 111 feet ∀) of the permanent easement described in (1), above; thence westerly along said prolongation, and along said parallel line, and continuing in a northwesterly direction along lines parallel with, and forty- five (45) feet northeasterly from, measured at right angles to, the other two centerline courses of said permanent easement described in (1), above, to an intersection with the North line of 6 said Weidinger property; and thence North 89 degrees 28 minutes West, 44.70 feet along said North line to the beginning. (B) Beginning in the West line of property conveyed to Bernard A. Weidinger and wife, by deed recorded in Book 5975, Page 387, St. Louis County, Missouri, Recorder's office, distant South 00 degrees 31 minutes West, 10.00 feet from the northeast corner of property conveyed to Walter J. Platte, Jr. and wife by deed recorded in Book 3737, Page 595, said Recorder's office, being at the southwest corner of the ten (10) feet wide permanent easement described in (2), above; thence South 00 degrees 31 minutes West, 40.00 feet along the line common to said Weidinger and Platte properties; thence easterly and southeasterly along a line parallel with and forty (40) feet (measured at right angles) southerly and southwesterly from the southern and southwestern lines of the ten (10) feet wide permanent easements described, above, in (2) and (1), respectively, to an intersection with the South line of said Weidinger property; thence easterly along said South line to the southwest corner of the easement granted to Metropolitan St. Louis Sewer District by instrument recorded in Book 6018, Page 107, said Recorder's office; thence northerly along the western line of said last described easement to the southeast corner of the ten (10) feet wide permanent easement described in (1), above; and thence generally northwesterly along the southwestern lines of the ten (10) feet wide easements described above, in (1) and (2), respectively, to the beginning. Section Two. Counsel for The Metropolitan St. Louis 7 Sewer District be and is hereby authorized to institute and prosecute an action in condemnation pursuant to the provisions of the Plan of The Metropolitan St. Louis Sewer District and the laws of the State of Missouri, for the appropriation of private property as hereinbefore set out. Section Three. The immediate construction of sewers being necessary in order to protect the public health within the District constitutes an emergency within the meaning of the Plan of The Metropolitan St. Louis Sewer District and this Ordinance shall take effect immediately upon its adoption. 8 The foregoing Ordinance was adopted May 17, 1972.