HomeMy Public PortalAbout03115 O R D I N A N C E NO. 3115
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 Black Jack, Missouri known as the
Jamestown Elementary School Sanitary Outfall Sewer 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
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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' wide over property now or
formerly of William J. Kalbac and wife, which easement is more
particularly described as follows:
A strip of land 20' wide in the south part of Frt. Sec. 17,
T. 47 N., R. 7 E., St. Louis County, Mo., traversing
that property conveyed to William J. Kalbac and wife by
deed recorded in Bk. 6851, pg. 865, St. Louis County,
Mo. Recorder's office, the centerline of which 10' wide
strip
of land is described as follows: Beginning in the north
line of said KALBAC property distant N. 88o 54' 30" W.,
394.12' from the northeast corner thereof; thence S. 31o
11' E., 165.58' to its terminus in the south line of said
Kalbac property distant S. 88o 54' 30" W. therealong from
its southeast corner; said 10' wide strip of land being
bounded on the north and on the south by the north and
south lines, resp., of said Kalbac property.
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Temporary easements during original construction of
sewer facilities, after which all rights of the condemnor shall
cease, which temporary easements are described as strips of land
20' in width on each side of, and immediately adjacent to, the
hereinabove described 10' wide permanent easement; the
northeastern and southwestern lines of which 20' wide temporary
easements are coincident with the southwestern and northeastern
lines, resp., of said 10' wide permanent easement; said 20' wide
temporary easements being bounded northerly and southerly by the
north and south lines, resp., of said Kalbac property.
__________________________________________________________
A permanent easement 10' wide over property now or
formerly of John C. Hachmeister and wife, which easement is more
particularly described as follows:
A strip of land 10' wide in the south part of Frl. Sec 17, T.
47 N., R. 7 E., St. Louis County, Mo., traversing that
property conveyed to John C. Hachmeister and wife by
deed recorded in Bk. 2049, pg. 114, St. Louis County,
Mo. Recorder's office, the centerline of which 10' wide
strip of land is described as follows: Beginning in
the north line of said Hachmeister property distant N.
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88o 54' 30" W., 485.56' therealong from the northeast
corner thereof; thence S. 01o 05' 30" W., 136.03'; and
thence S. 31o 09' 30" E., 5.92' to its terminus in the
south line of said Hachmeister property distant N. 88o
54' 30" W., 482.40' therealong from its southeast
corner; said 10' wide strip of ground being bounded on
the north and south by the north and south lines,
resp., of said Hachmeister property.
Temporary easements during original construction of
sewer facilities, after which all rights of the condemnor shall
cease, which temporary easements are described as strips of land
20' in width on each side of, and immediately adjacent to, the
hereinabove described 10' wide permanent easement; the northern
and southern lines of which 20' wide temporary easements are
coincident with the southern and northern lines, resp., of said
10' wide permanent easement; said 20' wide temporary easements
being bounded on the north and south by the north and south lines,
resp., of said Hachmeister property.
_______________________________________________
A permanent easement 10' wide over property now or
formerly of Caroline K. Albers and husband, which easement is more
particularly described as follows:
A strip of land 10' wide in the south part of Frl. Sec. 17,
T. 47 N., R. 7 E., St. Louis County, Mo., traversing
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that property conveyed to Caroline K. Albers and
husband by deed recorded in Bk. 2885, pg. 158, St.
Louis County, Mo. Recorder's office, the centerline of
which 10' wide strip of land is described as follows:
Beginning in the north line of said Albers property
distant N. 88o 54' 30" W., 482.40' therealong from the
northeast corner thereof; thence S. 31o 11' E., 165.32'
to its terminus in the south line of said Albers
property distant N. 88o 54' 30" W., 394.12' therealong
from its southeast corner; said 10' wide strip of
ground being bounded northerly and southerly by the
north and south lines, resp., of said Albers property.
Temporary easements during original construction of
sewer facilities, after which all rights of the condemnor shall
cease, which temporary easements are described as strips of land
20' in width, on each side of, and immediately adjacent to, the
hereinabove described 10' wide permanent easement; the
northeastern and southwestern lines of which 20' wide temporary
easements are coincident with the southwestern and northeastern
lines, resp., of said 10' wide permanent easement; said 20' wide
temporary easements being bounded northerly and southerly by the
north and south lines, resp., of said Albers property.
____________________________________________________
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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 hereinabove 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 Resolution was adopted July 28, 1976.