HomeMy Public PortalAbout02340 O R D I N A N C E NO. 2340
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 the
Pleasant Hollow Plat 3 Sanitary Outfall Sewer 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 Joseph A. Gruenloh and Ethel
Gruenloh, his wife, by deed recorded in Book 1364, Page 524, St.
Louis County, Missouri, Recorder's office, the centerline of which
10 feet wide easement is described as: Beginning at a point in
the southeastern line of said Gruenloh tract, distant 150 feet
northeast of and perpendicular to the southeastward prolongation
of the southwestern line of said Gruenloh tract; thence
northwestwardly parallel to the southeastward prolongation of and
the southwestern line of said Gruenloh tract to the southeastern
line of Shackelford Road, 60 feet wide.
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
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
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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 southeast by the southeastern line of said
Gruenloh tract and on the northwest by the southeastern line of
Shackelford Road, sixty (60) feet wide.
Section Two. Counsel for The Metropolitan St. Louis
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 October 18, 1972.