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HomeMy Public PortalAbout03735 O R D I N A N C E NO. 3735 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 per- mitting 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. WHEREAS, there exists within The Metropolitan St. Louis Sewer District an area of St. Louis County, Missouri, known as the Tidewater Place Sanitary Outfall Sewer of The Metropolitan St. Louis Sewer District wherein there live and work numerous people; and WHEREAS, sanitary sewage and stormwater drainage 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 and welfare by constructing sanitary and stormwater 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 2 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 sewer lines 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, fifteen (15) feet wide, being part of a tract of land in the western twenty (20) acres of the southwest quarter of the southeast quarter of Section 18, Township 45 North, Range 5 east and part of Lot 2 of the Subdivision in Partition of Samuel Hibler's Estate in the northeast fractional quarter of Section 19, Township 45 North, Range 5 East, St. Louis County, Missouri, and being more particularly described as follows: The point of beginning of the centerline of said fifteen (15) foot wide strip being in the western line of property conveyed to Edna D. Altvater by deed recorded in Book 3293, Page 319 of the St. Louis County Recorder's Office, said point of beginning being distant north 0 degrees 04' west a distance of 7.50 feet from the southwestern corner of said Altvater property; thence eastwardly along a line being 7.50 feet northwardly of and parallel to the southern line of said Altvater property, a distance of 368.00 feet to a point; 3 thence southeastwardly a distance of 84 feet, more or less, to a point in the eastern line of property conveyed to Edna D. Altvater and Nancy B. Altvater by deed recorded in Book 5541, Page 120 of the St. Louis County Recorder's office, said point being the point of ending of the herein described centerline of the fifteen (15) foot wide strip of land, said point being distant south 0 degrees 25' west a distance of 37.00 feet of the northeastern corner of said Edna D. and Nancy Altvater property. 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 twenty (20) feet in width on each side of, and immediately adjacent to, the herein above described fifteen (15) foot wide permanent ease- ment. ______________________________ 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. 4 The foregoing Ordinance was adopted March 14, 1979. -3-