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HomeMy Public PortalAbout02514 O R D I N A N C E NO. 2514 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, Subdistrict No. 382 (Bellefontaine & Farmview) 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 property now or formerly of Thomas J. Hough and Margaret E. Hough, his wife, which easement is more particularly described as: A strip of land 10 feet wide by a centerline length of 103.99 feet traversing that part of Lot 11 of TWILLMAN HEIGHTS, a subdivision in St. Louis County, Missouri, as per plat thereof recorded in Plat Book 19, Page 33, St. Louis County, Missouri, Recorder's office, conveyed to said Thomas J. Hough and wife by deed recorded in Book 3628, Page 298, St. Louis County, Missouri, Recorder's office, the centerline of which 10 feet wide strip of land is described as: Beginning in the west line of said Hough property distant south therealong 45.88 feet from the northwest corner of said Hough property; thence easterly in a straight line 103.99 feet to its terminus in the east line of said Hough property, distant south 36.00 feet therealong from the northeast corner thereof. Temporary easements during original construction of sewer facilities, after which all rights of the condemnor shall cease, which temporary easements are described as: 3 Strips of land 20 feet wide on each side of, and adjacent to, the hereinabove described 10 feet wide permanent easement; the northern and southern lines of which 20 feet wide temporary easements are coincident with the southern and northern lines, respectively, of said 10 feet wide permanent easement; said 20 feet wide easements being bounded on the west and east by the west and east lines, respectively, of said Hough property. A permanent easement 10 feet wide over property now or formerly of Arthur Gross and June Gross, his wife, which easement is more particularly described as: A strip of land 10 feet wide by a centerline length of 88.85 feet traversing that part of Lot 11 of TWILLMAN HEIGHTS, a subdivision in St. Louis County, Missouri, as per plat thereof recorded in Plat Book 19, Page 33, St. Louis County, Missouri, Recorder's office, conveyed to said Arthur Gross and wife by deed recorded in Book 2764, Page 496, St. Louis County, Missouri, Recorder's office, the centerline of which 10 feet wide strip of land is described as: Beginning in the west line of said Gross property distant south therealong 36.00 feet from the northwest corner of said Gross property; thence easterly in a straight line 88.85 feet to its terminus in the east line of said Gross property, distant south 27.67 feet therealong from the northeast corner thereof. Temporary easements during original construction of 4 sewer facilities, after which all rights of the condemnor shall cease, which temporary easements are described as: Strips of land 20 feet wide on each side of, and adjacent to, the hereinabove described 10 feet wide permanent easement; the northern and southern lines of which 20 feet wide temporary easements are coincident with the southern and northern lines, respectively, of said 10 feet wide permanent easement; said 20 feet wide easements being bounded on the west and east by the west and east lines, respectively, of said Gross property. A permanent easement 10 feet wide over property now or formerly of Louis H. Lause and Mabel E. Lause, his wife, which easement is more particularly described as: A strip of land 10 feet wide by a centerline length of 95.46 feet traversing that part of Lot 11 of TWILLMAN HEIGHTS, a subdivision in St. Louis County, Missouri, as per plat thereof recorded in Plat Book 19, Page 33, St. Louis County, Missouri, Recorder's office, conveyed to said Louis H. Lause and wife by deed recorded in Book 4583, Page 141, said Recorder's office, the centerline of which 10 feet wide strip of land is described as: Beginning in the west line of said Lause property distant south therealong 27.67 feet from the northwest corner of said Lause property; thence easterly in a straight line 95.46 feet to its terminus in the east line of said Lause property distant south 18.79 feet therealong from 5 the northeast corner thereof. Temporary easements during original construction of sewer facilities, after which all rights of the condemnor shall cease, which temporary easements are described as: (1) A strip of land 93.17 feet long by a width decreasing from 22.6 feet ∀ on its west line to 13.7 feet ∀ on its east line, and described as all that part of said Lause property lying north of the 10 feet wide permanent easement hereinabove described. (2) A strip of land 20 feet wide on the south side of, and adjacent to, the hereinabove described 10 feet wide permanent easement; said 20 feet wide easement being bounded on the west and east by the west and east lines, respectively, of said Lause property. A permanent easement 10 feet wide over property now or formerly of Lawrence C. Fagan and Martha S. Fagan, his wife, which easement is more particularly described as: A strip of land 10 feet wide by a centerline length of 79.74 feet traversing that part of Lot 11 of TWILLMAN HEIGHTS, a subdivision in St. Louis County, Missouri, as per plat thereof recorded in Plat Book 19, Page 33, St. Louis County, Missouri, Recorder's office, conveyed to said Lawrence C. Fagan and wife by deed recorded in Book 6655, Page 2380, said Recorder's office, the centerline of which 10 feet wide strip of land is described as: Beginning in the west line of said 6 Fagan property distant south therealong 18.79 feet from the northwest corner of said Fagan property; thence easterly in a straight line 79.74 feet to its terminus in the west line of the 10 feet wide permanent sewer easement granted to The Metropolitan St. Louis Sewer District by instrument recorded in Book 6146, Page 236, said Recorder's office, distant south 11.40 feet therealong from the northwest corner of said easement recorded in Book 6146, Page 236. Temporary easements during original construction of sewer facilities, after which all rights of the condemnor shall cease, which temporary easements are described as: (1) A strip of land 78.16 feet long by a width decreasing from 13.7 feet ∀ on its west line to 6.4 feet ∀ on its east line, and described as all that part of said Fagan property bounded as follows: North and west by the north and west lines, respectively, of said Fagan property, south by the north line of the 10 feet wide permanent easement hereinabove described and east by the west line of the 10 feet wide permanent easement heretofore granted to Metropolitan St. Louis Sewer District by instrument recorded in Book 6146, Page 236, said Recorder's office. (2) A strip of land 20 feet wide on the south side of, and adjacent to, the hereinabove described 10 feet wide permanent easement, said 20 feet wide easement being bounded on the west by the west line of said Fagan property and on the east by the west line of said easement heretofore granted to The 7 Metropolitan St. Louis Sewer District. 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. 8 The foregoing Ordinance was adopted January 9, 1974.