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HomeMy Public PortalAbout02615 O R D I N A N C E NO. 2615 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 storm 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. WHEREAS, certain areas of Airport Road at or near Middleway Boulevard and Langdon Court Subdivision in the City of Berkeley, St. Louis County, Missouri, being within The Metropolitan St. Louis Sewer District, are improperly drained for surface water and said areas from time to time become flooded with accumulated surface water; and WHEREAS, there is presently no adequate means of drainage for such accumulated surface water, and such flooding conditions do and will from time to time constitute a menace to public health and the 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, among other things, constructing storm sewers to alleviate such improper drainage 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 storm 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 twenty (20) feet wide, over across and through a tract of land described in the deed recorded in Book 1048, Page 46 of the St. Louis County Records, which twenty (20) feet wide easement is described as: The western twenty (20) feet of the subject tract of land; said twenty (20) feet wide permanent easement being bounded on the north by the northern line of the subject tract of land and on the south by the northern line of a tract of land conveyed to Louis Stoup and Irene Stoup, his wife, by the deed recorded in Book 2573, Page 228 of the St. Louis County Records A temporary easement during original construction of sewer facilities, after which all rights of condemnor shall cease, which temporary easement is described as a strip of land forty (40) feet in width on the east side of, and immediately adjacent to the hereinabove described twenty (20) feet wide permanent easement; the western line of the forty (40) feet wide temporary easement is coincident with the eastern line of the hereinabove described twenty (20) feet wide permanent easement; said forty (40) feet wide temporary easement being bounded on the north by the northern line of the hereinabove described subject tract of land and on the south by the northern line of the hereinabove described Stoup tract. A permanent easement twenty (20) feet wide, over across and through a tract of land described in the deed recorded in Book 1048, Page 46 of the St. Louis County Records, which twenty (20) feet wide easement is described as: The Western twenty (20) feet of the subject tract of land; said twenty (20) feet wide permanent easement being bounded on the north by the southern line of a tract of land conveyed to Louis Stoup and Irene Stoup, his wife, by the deed recorded in Book 2573, Page 228 of the St. Louis County Records and on the south by the Northern line of Airport Road. 3 A temporary easement during original construction of sewer facilities, after which all rights of condemnor shall cease, which temporary easement is described as a strip of land forty (40) feet in width of the east side of, and immediately adjacent to the hereinabove described twenty (20) feet wide permanent easement; the western line of the forty (40) feet wide temporary easement is coincident with the eastern line of the hereinabove described twenty (20) feet wide permanent easement; said forty (40) feet wide temporary easement being bounded on the north by the southern line of the hereinabove described Stoup tract and on the south by the northern line of Airport Road. A permanent easement twenty (20) feet wide, over, across and through a tract of land conveyed to Louis Stoup and Irene Stoup, his wife, by deed recorded in Book 2573, Page 228 of the St. Louis County Records, which twenty (20) feet wide easement is described as: The western twenty (20) feet of said Stoup tract; said twenty (20) feet wide permanent easement being bounded on the north and south by the northern and southern lines, respectively, of said Stoup tract. A temporary easement during original construction of sewer facilities after which all rights of condemnor shall cease, which temporary easement is described as a strip of land forty (40) feet in width on the east side of, and immediately adjacent to the hereinabove described twenty (20) feet wide permanent easement; the western line of the forty (40) feet wide temporary easement is coincident with the eastern line of the hereinabove described twenty (20) feet wide permanent easement; said forty (40) feet wide temporary easement being bounded on the north and south by the northern and southern lines, respectively, of the hereinabove described Stoup tract. Section Two. Counsel for The Metropolitan St. Louis Sewer District be and is hereby authorized to acquire by purchase, if possible, subject to approval of the Board of Trustees, or to institute and prosecute an action in condemnation, as authorized by law, if necessary, to appropriate and acquire the aforesaid private property. Section Three. The immediate construction of sewers being necessary in order to protect the public health within the 4 District, the subject hereof 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 June 26, 1974.