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HomeMy Public PortalAbout00513 O R D I N A N C E NO. 513 AN ORDINANCE authorizing and directing the Executive Director to grant to the State of Missouri, for the use of the State Highway Commission of Missouri, the right to use certain sewer and drainage easements in St. Louis County for highway purposes, and to execute an instrument giving effect thereto upon the conditions hereinafter set out. WHEREAS, pursuant to the Plan of The Metropolitan St. Louis Sewer District and by Resolution No. 6 of the District, adopted July 1, 1954 and recorded in Book 3286, page 90 of the St. Louis County Records, the District took title for its use and possession to all public easements for sewer and drainage purposes within its area, including those of the Ladue-Deer Creek Sanitary Sewer District and the City of Ladue, which are situated in St. Louis County; and WHEREAS, the State Highway Commission of the State of Missouri wishes to cross certain easements now of this District with a highway; and WHEREAS, the State Highway Commission of the State of Missouri has requested the District grant the right to so use said easements, and the District is willing so to do; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT: Section One. The Metropolitan St. Louis Sewer District does hereby grant to the State of Missouri, for the use of the State Highway Commission, the right to construct, reconstruct, 2 repair and maintain a highway across easements owned by the District in St. Louis County, Missouri, as hereinafter set forth, subject, however, to the following terms and reservations: The Metropolitan St. Louis Sewer District reserves the right to the full access to and use of such easements for sewer and drainage purposes, including the right to construct new sewers and appurtenances therein and to use, maintain and reconstruct the new and existing sewers and appurtenances therein. The State Highway Commission will, if considered reasonably necessary by District's engineers, protect the existing sewers and appurtenances at its cost, or, if necessary to reconstruct, relocate or repair because of such highway use, such work will be done at the cost of the State Highway Commission. Those easements held by The Metropolitan St. Louis Sewer District and which are involved in this grant are as follows: 1. That easement granted to The Metropolitan St. Louis Sewer District by ACF-Wrigley Stores, Inc. on January 27, 1958, by instrument recorded in Book 3872, page 123 of the St. Louis County Records. 2. Those easements granted to The Metropolitan St. Louis Sewer District by King Bros. Motel, Inc., on April 12, 1956 and June 2, 1958, by instruments recorded respectively in Book 3596, page 308 and Book 3936, page 446 of the St. Louis County Records. 3. That easement granted to The Metropolitan St. Louis Sewer District by the Trustees of Clayton Terrace Subdivision on 3 August 22, 1958, by instrument recorded in Book 3967, page 232 of the St. Louis County Records. 4. That easement granted to The Metropolitan St. Louis Sewer District by the Trustees of Sherwyn Lane Subdivision on August 19, 1958, by instrument recorded in Book 3967, page 231 of the St. Louis County Records. 5. That easement granted to The Metropolitan St. Louis Sewer District by Frank B. Clark and wife on September 12, 1958, by instrument recorded in Book 3973, page 451 of the St. Louis County Records. 6. Those easements granted to the Ladue-Deer Creek Sanitary Sewer District by Horton Watkins and wife, two on April 19, 1937, and one on October 7, 1938, by instruments recorded respectively in Book 1409, page 444, Book 1444, page 50 and Book 1548, page 333 of the St. Louis County Records. 7. That easement granted to the Ladue-Deer Creek Sanitary Sewer District by Andrew W. Johnson on January 19, 1938, by instrument recorded in Book 1487, page 292 of the St. Louis County Records. 8. That easement granted to the City of Ladue by the Marcap Co. on September 23, 1955, by instrument recorded in Book 3493, page 602 of the St. Louis County Records. 9. That easement granted to the Ladue-Deer Creek Sanitary Sewer District by Howard W. Godwin and wife on April 29, 1946, by instrument recorded in Book 2150, page 498 of the St. 4 Louis County Records. 10. Those easements granted to the Ladue-Deer Creek Sanitary Sewer District by Henry McRee and wife on April 16, 1937 and August 23, 1940, by instruments recorded respectively in Book 1439, page 44 and Book 1698, page 332 of the St. Louis County Records. 11. Those easements granted to The Metropolitan St. Louis Sewer District by Gladys. C. S. McRee on October 15, 1957, and recorded respectively in Book 3839, page 552 and Book 3839, page 549 of the St. Louis County Records. 12. That easement granted to the Ladue-Deer Creek Sanitary Sewer District by the Deer Creek Realty Co. on May 6, 1937, by instrument recorded in Book 1476, page 4 of the St. Louis County Records. 13. That easement granted to The Metropolitan St. Louis Sewer District by the Deer Creek Club on October 15, 1958, by instrument recorded in Book 4019, page 156 of the St. Louis County Records. 14. Those easements granted to the Ladue-Deer Creek Sanitary Sewer District by James Lee Johnson and wife on April 8, 1937 and January 26, 1938, by instruments recorded respectively in Book 1412, page 525 and Book 1498, page 418 of the St. Louis County Records. 15. That easement granted to The Metropolitan St. Louis Sewer District by The Bath and Tennis Club of St. Louis on October 5 8, 1957, and recorded in Book 3839, page 554 of the St. Louis County Records. 16. That easement granted to the Ladue-Deer Creek Sani- tary Sewer District by Josephine Wieners, et al, on October 3, 1938, and recorded in Book 1546, page 85 of the St. Louis County Records. 17. That easement granted to the Ladue-Deer Creek Sanitary Sewer District by The Lindworth Realty Co. on September 22, 1938, and recorded in Book 1572, page 14 of the St. Louis County Records. Section Two. The Executive Director is hereby authorized and directed to execute in behalf of the District an instrument giving effect to Section One hereof. The foregoing Ordinance was adopted February 23, 1961.