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HomeMy Public PortalAbout04763 O R D I N A N C E NO. 4763 AN ORDINANCE, declaring the necessity for the acquisi- tion of an easement 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 pro- ceedings. WHEREAS, there exists within The Metropolitan St. Louis Sewer District an area of St. Louis County, Missouri, known as Subdistrict No. 451 (Tesson Ferry & Juengel) 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 Metro- politan St. Louis Sewer District to protect the public health and welfare 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, an easement for the use of sewer lines 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 easements, said per- manent and temporary easements being more particularly described as follows: A permanent sewer easement across a tract of land in U.S. Survey 1988, Township 44 North, Range 6 East and as conveyed to Elizabeth Neu and Thomas G. Neu and Marianne Neu, his wife, by deed recorded in Deed Book 6374, Page 2316 of the St. Louis County Recorder's Office, said permanent sewer easement being more particularly described as follows: Beginning at a point in the southwestern line of said tract, said point being distant north 46o 04' west a distance of 151.97 feet from the southernmost corner of said tract; thence along said southwestern line, north 46o 04' west a distance of 12.71 feet to a point; thence leaving said southwestern line, north 820 02' 50" east a distance of 109.21 feet to a point; thence north 16o 37' 49" west a distance of 28.64 feet to a point in the northeastern line of said Neu tract; thence along said northeastern line, south 46o 04' east a distance of 48.69 feet to a point, said point being distant, north 46o 04' west a distance of 73.92 feet from the easternmost corner of said Neu tract; thence leaving said northeastern line, south 82o 02' 50" west a distance of 127.10 feet to the point of beginning. A temporary construction easement, for use during installation of the above described sewer, on a strip 20 feet wide along the northerly side and 10 feet wide along the southerly side of the above described permanent easement. 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 condemna- tion 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. The foregoing Ordinance was adopted July 7, 1982.