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
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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
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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 December 27, 1972.