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:
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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
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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
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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
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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
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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.
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The foregoing Ordinance was adopted January 9, 1974.