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HomeMy Public PortalAbout02362 O R D I N A N C E NO. 2362 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, proposed Subdistrict No. 375 (Calverton Road North) 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 ten (10) feet wide over the northwestern ten (10) feet of Lot 6 and over the northwestern ten (10) feet of the southwestern 138'∀ of Lot 5 of YOUNG'S SECOND ADDITION, a subdivision in St. Louis County, Missouri, as per plat thereof recorded in Plat Book 140, Page 53, St. Louis County, Missouri, Recorder's office, the northwestern line of which ten (10) feet wide easement is described as: Beginning at the westernmost corner of said Lot 6; thence northeasterly along the northwestern line of said YOUNG'S SECOND ADDITION 272.82' to a western corner of the 25' wide road, sewer and public utility easement dedicated to the Village of Calverton Park, Missouri, on said recorded plat of YOUNG'S SECOND ADDITION. The said ten (10) feet wide permanent easement herein described is bounded on the southwest by the southwest line of said Lot 6, and on the northeast by a southwest line of said 25' wide road, sewer and public utility easement heretofore dedicated on said recorded plat of YOUNG'S SECOND ADDITION. A temporary easement during original construction of sewer facilities, after which all rights of the condemnor shall 3 cease, which temporary easement is described as a strip of land forty (40) feet in width lying to the southeast of, and adjacent to the hereinabove described ten (10) feet wide permanent easement; said forty (40) feet wide temporary easement being bounded on the southwest by the southwest line of said Lot 6, and on the northeast by a southwest line of said 25' wide road, sewer and public utility easement heretofore dedicated on said recorded plat of YOUNG'S SECOND ADDITION. A permanent easement ten (10) feet wide over the northwestern ten (10) feet of Lot 4 of YOUNG ADDITION, a subdivision in St. Louis County, Missouri, as per plat thereof recorded in Plat Book 120, Page 47, St. Louis County, Missouri, Recorder's office, the northwestern line of which ten (10) feet wide easement is described as: Beginning at the westernmost corner of said Lot 4; thence northeasterly along the northwestern line of said Lot 4 a distance of 111.50' to its northernmost corner. A 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 forty (40) feet wide, lying to the southeast of, and adjacent to the hereinabove described ten (10) feet wide permanent easement, and being the southeastern forty (40) feet of the northwestern fifty (50) feet of said Lot 4. Section Two. Counsel for The Metropolitan St. Louis Sewer District be and is hereby authorized to institute and 4 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. 5 The foregoing Ordinance was adopted December 27, 1972.