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HomeMy Public PortalAbout04469 O R D I N A N C E NO. 4469 AN ORDINANCE, declaring the necessity for the acquisition of the fee simple estate and every other estate and interest in certain property within The Metropolitan St. Louis Sewer District, for the purpose of permitting construction of a sewage treatment and disposal plant and system to serve the needs of residents of the Meramec Basin area and authorizing the acquisition of such property 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 known as the Meramec Basin wherein live and work numerous people; and WHEREAS, the present means for treating and disposing of sanitary sewage gathered from such area are or will soon be inadequate, and such inadequacy will constitute a menace to the 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 Metro- politan St. Louis Sewer District to protect the public health by constructing sewage treatment and disposal plants and systems in 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. The Board of Trustees hereby finds, determines, and declares that in order to protect the public health and relieve insanitary and dangerous conditions, it is necessary and in the public interest to appropriate and acquire by purchase or by exercise of eminent domain or otherwise, the fee simple estate and every other estate and interest in certain property for the construction of a sewage treatment and disposal plant and system as hereinafter set forth, said property being more particularly described as follows: A. Property now or formerly of Erwin O. Krueger, more particularly described as follows: PARCEL #1. All that part of the following described property being West of Fine Road: A tract of land being in Section 34, Township 43 North, Range 6 East, Section 3, Township 42 North, Range 6 East and U. S. Survey 50, located in the County of St. Louis, Missouri. Beginning at a stone, the intersection of the East line of Survey 50, with the West line of the Southeast 1/4 of Section 34, Township 43, Range 6, thence North 27 degrees West along survey line 1.46 chains, thence South 7 degrees 01 minutes West 4.02 chains to old stone; thence South 63 degrees 21 minutes West 28.73 chains to an old stone, thence South 27 degrees 03 minutes East 13.14 chains, thence South 87 degrees 25 minutes East 4.29 chains to an old stone, thence North 63 degrees 03 minutes East 15.52 1/2 chains to a point in the East line of Survey 50, thence South 28 degrees, 56 minutes East 2.69 chains to an old stone, thence South 51 degrees, 36 minutes East 5.48 1/2 chains, thence South 80 degrees 31 minutes East 4.20 1/4 chains to Michael Casper's Southwest corner, thence North 14 degrees, 43 minutes West along Michael Casper's West line 27.89 1/2 chains to the beginning, containing 49.24 acres, EXCEPTING THEREFROM a strip 12 feet wide in the Southwest corner conveyed to Edward J. Kavanaugh et al., which strip is to be used as a private road, to connect with the Fine Road, EXCEPTING THEREFROM the following: That part conveyed to Clarence Krueger by deed recorded in Book 1720, Page 262, that part conveyed to Olga J. M. Henderson by deed recorded in Book 1748, Page 65, that part conveyed to Wilbert F. H. Krueger by deed recorded in Book 1743, Page 88, that part conveyed to Esther E. A. Henderson by deed recorded in Book 1733, Page 116, that part conveyed to Erwin O. Krueger by deed recorded in Book 1638, Page 572, that part conveyed to Milton H. Krueger by deed recorded in Book 1688, Page 383, and that part conveyed to Arthur H. Krueger by deed recorded in Book 1638, Page 572 of the St. Louis County records. PARCEL #2. All of Lot on Share 3 of the Subdivision in partition of Bryan Mullanphy's Estate in U. S. survey 3051, Township 42 and 43 North, Range 6 East, EXCEPTING THEREFROM 15.51 acres conveyed to Frederic A. Luyties, Jr. by deeds recorded in Book 2010, Page 29 and Book 1970, Page 502, St. Louis County records. B. Property now or formerly of Harry O. Maenner and Evelyn M. Maenner, his wife, more particularly described as follows: A tract of land in U. S. Survey 50, Township 43 North, Range 6 East, in the County of St. Louis Missouri: Beginning at a point in the centerline of Fine Road at its intersection with the Northwest line of tract conveyed to F. W. A. Vesper by deed recorded in Book 850, Page 623; thence along the centerline of Fine Road as the same was located and traveled in September, 1927, South 8 degrees, 58 minutes East, 491.65 feet and South 3 degrees 27 minutes West, 393.25 feet to a point in the Southeast line of tract conveyed to F. W. A. Vesper by the above mentioned deed; thence along the Southeast line of tract so conveyed, South 63 degrees, 20 minutes West, 1085 feet to the line diving U. S. Survey 50 and 3051; thence along said Survey line, North 27 degrees West 809.82 feet to the westernmost corner of tract conveyed to F. W. A. Vesper by the above mentioned deed, and thence along the Northwest line of said tract so conveyed North 63 degrees 22 minutes East 1436.52 feet to the beginning. 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 said sewage treatment and disposal plant and system being necessary in order to protect the public health within the District, an emergency is hereby declared to exist within the meaning of the Plan of The Metropolitan St. Louis Sewer District and this Ordinance shall take effect immediately upon its adoption. The foregoing Ordinance was adopted August 12, 1981.