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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 3 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. 4 The foregoing Ordinance was adopted November 30, 1972.