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
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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
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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:
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(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
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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
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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.
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The foregoing Ordinance was adopted May 17, 1972.