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HomeMy Public PortalAbout03483 O R D I N A N C E NO. 3483 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 known as the Kehrs Mill 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 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 2 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 10' wide easement over property situated in U.S. Survey 1890 and Section 22, and Section 27, Township 45 North, Range 4 East, in St. Louis County, Missouri, conveyed to Meadowbrook Country Club, a Missouri Corporation, by deeds recorded in Book 3887, Page 442, and Book 3912, Page 364, St. Louis County, Missouri, Recorder's Office. The centerline of said 10' wide easement is more particularly described as follows: Beginning at a point in the west line of said Meadowbrook Country Club property distance there along N. 0 degrees 45'E., 175' from the southeast corner of Lot 13 of Ballwin Acres, a subdivision of St. Louis County, Missouri, according to the Plat thereof, recorded in Plat Book 20, Page 51, St. Louis County, Missouri, Recorder's Office; thence N. 42 degrees 05'E., 40'; thence N. 39 degrees 05'E., 509.7'; thence N. 55 degrees 55'E., 483.3'; thence N. 87 degrees 55'E., 168.4'; thence N. 39 degrees 55'E., 368.3'; thence S. 83 degrees 05'E., 185'; thence S. 42 degrees 20'E., 507.1'; thence S. 54 degrees 15'E., 217.9'; thence N. 59 degrees 36 1/2'E., 122.6' to the terminus at a point in the centerline of a 50'W. private street of Meadowbrook Country Club Estates as recorded in Plat Book 96, Pages 40 and 41, St. Louis County, Missouri, Recorder's Office, said point being distant 131.0' 3 along said centerline from the intersection of said centerline with the westwardly prolongation of the south line of Lot 4 of Meadowbrook Country Club Estates Plat TWO, as recorded in Plat Book 172, Page 97, St. Louis County, Missouri, Recorder's Office. Temporary easements during original construction of sewer facilities, after which all rights of condemnor shall cease, which temporary easements are described as strips of land 20' in width on each side of, and immediately adjacent to, the herein above described 10' wide permanent easement; said 20' wide temporary easements, being bounded on the West by the West line of said property and on the East by the centerline of said 50' wide private street. _____________________________________________ A permanent 10' wide easement across property now or formerly of William L. Seeger, Sr., and Duetta W. Seeger, his wife, being part of Lot 13 of Ballwin Acres, a subdivision of St. Louis County, Missouri, recorded in Plat Book 20, page 51, St. Louis County, Missouri, Recorder's Office. Centerline of said 10' wide easement more particularly described as follows: Beginning at a point in the South line of said Lot 13, distant 155' there from the Southeastern corner of said Lot 13; thence Northeastwardly, along a straight line 235.2' to a point in the East line of said Lot 13, said point being distant 175' there from the Southeastern corner of said Lot 13. 4 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; said 20' wide temporary easements being bounded by the lot lines of said Lot 13. _____________________________________________ Section Two. Counsel for The Metropolitan St. Louis Sewer District be and is hereby authorized to acquire by purchase, if possible, or 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. 5 The foregoing Ordinance was adopted March 29, 1978.