HomeMy Public PortalAbout02355 O R D I N A N C E NO. 2355
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
Lindbergh and Old Jamestown (Jamestown Mall); 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 5 feet wide, over, across and
through Lot 134 of Fox Manor Plat III, a subdivision of St. Louis
County, Missouri, according to the plat thereof recorded in Plat
Book 145, Page 9 of the St. Louis County Records, which 5 feet
wide easement is described as: A strip of land 5 feet south of
and adjacent to the northern line of Lot 134 of Fox Manor Plat
III.
Temporary easement during original construction of
sewer facilities, after which all rights of the condemnor shall
cease, which temporary easement is described as a strip of land 40
feet in width on the south side of, and immediately adjacent to
the hereinabove described 5 feet wide permanent easement; the
northern line of the 40 feet wide temporary easement is coincident
with the southern line of the hereinabove described 5 feet wide
permanent easement; said 40 feet wide temporary easement being
bounded on the West and on the East by the West and East lines,
respectively, of said Lot 134.
A permanent easement 5 feet wide, over, across and
through Lot 135 of Fox Manor Plat III, a subdivision of St. Louis
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County, Missouri, according to the plat thereof recorded in Plat
Book 145, Page 9 of the St. Louis County Records, which 5 feet
wide easement is described as: A strip of land 5 feet north of
and adjacent to the southern line of Lot 135 of Fox Manor Plat
III.
Temporary easement during original construction of
sewer facilities, after which all rights of the condemnor shall
cease, which temporary easement is described as a strip of land 40
feet in width on the north side of, and immediately adjacent to
the hereinabove described 5 feet wide permanent easement; the
southern line of the 40 feet wide temporary easement is coincident
with the northern line of the hereinabove described 5 feet wide
permanent easement; said 40 feet wide temporary easement being
bounded on the West and on the East by the West and East lines,
respectively, of said Lot 135.
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 November 30, 1972.