HomeMy Public PortalAbout02942 O R D I N A N C E NO. 2942
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 St. Louis County, Missouri, containing
Subdistrict No. 377 (Highway 67-Cambria) Phase I of The
Metropolitan St. Louis Sewer District wherein there live and work
numerous people; and
WHEREAS, sanitary and 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 sanitary and 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 over property situated in U.S. Survey
111, T.46N., R.7E., St. Louis County, Missouri, which
property is now or formerly of Florian J. Wieser, Selma L.
Staehle, Franz Milton Tirre, Vera D. Tirre, Marilyn E.
Kirkendall, Franz M. Tirre, Jr., Suzanne T. Rempe, James A.
Tirre and J. Lawrence Tirre, and which easement is
particularly described as follows:
Beginning in the northern line of the St. Louis Belt and
Terminal R.R. Co. right-of-way, 100' wide at the southeast
corner of Lot 87 of HATHAWAY MEADOWS NO. 2, a subdivision in
St. Louis County, Missouri, as per plat thereof recorded in
P.B. 61, Pg. 8, St. Louis County, Mo. Recorder's office;
thence along said right-of-way line S. 76Ε 52' E., 38.00';
thence N. 13Ε 31-1/2' E., 193.78'; thence N. 25Ε 37-3/4' W.,
101.74' to a point in the east line of Lot 85 of said
HATHAWAY MEADOWS NO. 2 distant S. 08Ε 02' W., 9.03' from the
easternmost northeast corner of said Lot 85; thence along the
east line of said Lot 85, N. 08Ε 02' E., 9.03' to said corner
of Lot 85; thence along the north line of Lot 85, N. 79Ε 33'
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W., 30.00' to a corner of said Lot 85; thence along the east
lines of Lot 85 of said HATHAWAY MEADOWS NO. 2 and of Lot 84
of HATHAWAY MEADOWS, a subdivision as per plat thereof
recorded in P.B. 60, Pg. 6, said Recorder's office; N. 08Ε
02' E., 19.21'; thence S. 65Ε 23-3/4' E., 13.43'; thence S.
25Ε 37-3/4' E., 19.68' to a point in the north line of said
Lot 85 distant N. 79Ε 33' W., 6.19' from said easternmost
northeast corner of said Lot 85; thence along the north line
of Lot 85, S. 79Ε 33' E., 6.19' to said last named corner of
Lot 85; and thence along the east line of said HATHAWAY
MEADOWS NO. 2, S. 08Ε 02' W., 283.22' to the beginning.
A temporary easement during original construction of sewer
facilities, after which all rights of the condemnor shall
cease, which temporary easement is over a strip of land
essentially 50' wide on the east side of and immediately
adjacent to the hereinabove described permanent easement, and
more particularly described as follows:
Beginning in the northern line of the St. Louis Belt and
Terminal R.R. Co. right-of-way distant therealong S. 76Ε 52'
E., 38.00' from the southeast corner of Lot 87 of HATHAWAY
MEADOWS PLAT NO. 2, a subdivision in St. Louis County, Mo.,
as per plat thereof recorded in P.B. 61, Pg. 8, St. Louis
County, Mo., Recorder's office; thence northerly and
northwesterly along the eastern line of the hereinabove
described permanent easement N. 13Ε 31-1/2' E., 193.78', N.
25Ε 37-3/4' W., 101.74', N. 08Ε 02' E., 9.03', N. 79Ε 33'
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W., 6.19', N. 25Ε 37-3/4' W., 19.68' and N. 65Ε 23-3/4' W.,
13.43' to the northernmost corner of said permanent easement;
thence along the east line of HATHAWAY MEADOWS, a subdivision
as per plat thereof recorded in P.B. 60, Pg. 6, said
Recorder's office, N. 08Ε 02' E., 52.17'; thence S. 65Ε 23-
3/4' E., 46.39'; thence S. 25Ε 37-3/4' E., 168.45'; thence S.
13Ε 31-1/2' W., 211.22' to the northern line of said railroad
right-of-way; and thence along said right-of-way line N. 76Ε
52' W., 50.00' to the beginning.
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 October 29, 1975.