HomeMy Public PortalAbout02921 O R D I N A N C E NO. 2921
AN ORDINANCE, declaring the necessity for the
acquisition of an easement 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
easement 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 Webster Groves, Missouri, containing the
project known as Atalanta Storm Sewer of The Metropolitan St.
Louis Sewer District wherein there live and work numerous people;
and
WHEREAS, storm 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 storm 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 an easement for the use of a sewer line as hereinafter
set forth, together with a temporary easement 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 easement, said permanent
and temporary easement being more particularly described as
follows:
A permanent easement principally ten (10) feet wide across
Lot 7 of FAIRVIEW, a subdivision in the City of Webster
Groves, St. Louis County, Mo., as per plat thereof recorded
in P.B. 7, Pg. 65, of the City (former County) of St. Louis,
Mo. Recorder's office, which Lot 7 is now or formerly the
property of Margaret Connell. Said permanent easement is
hereby described as two adjacent parcels as follows:
Parcel No. 1 - A strip of land 10' wide by 314.88' long, and
being the western 10' of the eastern 20' of said Lot 7 of
FAIRVIEW.
Parcel No. 2 - A triangular parcel of land described as
beginning in the north line of Marshall Av., 50' wide,
distant westerly therealong 20' from the southeast corner of
said Lot 7; thence north, parallel with the east line of said
Lot 7 a distance of 20.00'; thence southwesterly in a
straight line, 26.25' to a point in the north line of said
Marshall Av., 17.00' west therealong from the point of
beginning; and thence easterly along the north line of
Marshall Av., 17 00' to the beginning.
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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 principally 20' wide by 314.88' long, the eastern line
of which temporary easement is coincident with the western
line of the permanent easement hereinabove described, and
which temporary easement is more fully described as fronting
3' on the north line of Marshall Av. by a depth northwardly
on its west line of 314.88' to the south line of Eunice Av.,
25' wide, on which it has a frontage of 20'; bounded on the
east by the west line of the permanent easement hereinabove
described and on the west by a line 40' west of, and parallel
to, the east line of said Lot 7.
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 August 27, 1975.