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HomeMy Public PortalAbout01586 O R D I N A N C E NO. 1586 AN ORDINANCE authorizing and directing the Executive Director to grant to Union Electric Company the right to install, maintain and use two towers and appurtenances, and overhead electrical wires, overhanging crossarms and appurtenances along, over, through and across certain properties of the District known as the River des Peres Drainage Channel, in the City of St. Louis, Missouri, and to execute an instrument giving effect thereto upon the conditions hereinafter set out. WHEREAS, Union Electric Company has asked the District for the right to install, maintain and use overhead electrical wires and overhanging crossarms and appurtenances along, over, through and across certain hereinafter described real property of the District known as the River des Peres Drainage Channel, and to install, maintain and use two towers and appurtenances, and the District is desirous of granting such right for the good of the general public. 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 Union Electric Company the right to install, maintain and use overhead electrical wires and overhanging crossarms and appurtenances, along, over, through and across certain real properties of the District as hereinafter described in the City of St. Louis, Missouri, together with the right to install, maintain and use two towers and appurtenances in 2 such properties, such properties being described as follows: Description of Location of Aerial Rights: Tract #1 Beginning at a point on the south line of the St. Louis-San Francisco Railway Company right of way, said point being the northwest corner of property owned by the Board of Education of the City of St. Louis in Blocks 3998-B and 3998-C of the City of St. Louis; thence southwesterly along the southeasterly line of the River des Peres Drainage Channel 52 feet, more or less, to a point which point is 35 feet south of the prolongation of the south line of the St. Louis-San Francisco Railway Company right of way measured at right angles thereto; thence westerly 1,520 feet, more or less, to a point on the east line of Macklind Avenue, said point being 38 feet, more or less, south of the south line of St. Louis- San Francisco Railway Company; thence north along the east line of Macklind Avenue 38 feet, more or less, to the south line of St. Louis-San Francisco Railway Company, thence easterly along the south line of St. Louis-San Francisco Railway Company right of way (north line of River des Peres Drainage Channel) 1,215 feet, more or less, to a point of curve; thence northeasterly along said curve 165 feet, more or less, to a point, which point is 50 feet, more or less, north of the prolongated south line of the St. Louis-San Francisco Railway Company right of way measured at right 3 angles thereto; thence east and parallel to the prolongated south line of the St. Louis-San Francisco Railway Company right of way 200 feet, more or less, to the northeast line of the River des Peres Drainage Channel; thence southeasterly along the northeasterly line of the River Des Peres Channel 25 feet, more or less, to a point; thence southwesterly along the southeasterly line of the River Des Peres Drainage Channel a distance of 48 feet, more or less, to the point of beginning. Tract #2 Beginning at a point on the north line of vacated Carlyle Street, said point being 75 feet, more or less, west of the intersection of the north line of vacated Carlyle Street and the west line of Macklind Avenue; thence southerly and perpendicular to the north line of vacated Carlyle Street 60 feet to a point; thence westerly 1,140 feet, more or less, to a point on the east line of Sublette Avenue, said point being 40 feet, more or less, south of the south line of the St. Louis-San Francisco Railway right of way; thence north along the east line of Sublette Avenue 40 feet to the south line of the St. Louis-San Francisco Railway right of way; thence easterly along the south line of the St. Louis-San Francisco Railway right of way (north line of River Des Peres Drainage Channel) 940 feet, more or less, to its intersection with the north line of vacated Carlyle Street; thence east along the north line of vacated Carlyle Street 188 feet, more or less, 4 to the point of beginning. Tract #3 The north 45 feet of the River Des Peres Drainage Channel (lying south of and adjacent to the south line of the St. Louis-San Francisco Railway Company right of way) which extends from its intersection with the west line of Sublette Avenue westerly 1,705 feet, more or less, to its intersection with the east line of Sulphur Avenue. Tract #4 The north 45 feet of the River Des Peres Drainage Channel (lying south of and adjacent to the south line of the St. Louis-San Francisco Railway Company right of way) which extends from its intersection with the west line of Sulphur Avenue westerly 420 feet, more or less, to its intersection with the east line of Hampton Avenue. Tract #5 Beginning at a point on the north line of the River Des Peres Drainage Channel with its intersection with the west line of Hampton Avenue; thence south along the west line of Hampton Avenue 35 feet, more or less, to a point; thence westerly 340 feet, more or less, to the south line of property owned by Metropolitan St. Louis Sewer District (north line of property now or formerly owned by Ann S. Dattilo), which point is 30 feet south of the south line of the St. Louis-San Francisco Railway Company right of way measured at right angles thereto; thence northwesterly along the said southerly line 5 50 feet, more or less, to its intersection with the south line of the aforesaid railway right of way; thence easterly along the south line of said railway right of way 390 feet, more or less, to the point of beginning. Tract #6 Beginning at a point on the west line of Arsenal Street with its intersection with the south line of the River Des Peres Drainage Channel; thence westerly along the said south line of the River Des Peres Drainage Channel 815 feet, more or less, to the point of beginning of the herein described easement thence continuing westerly along a curve of the aforesaid River Des Peres Drainage Channel 670 feet, more or less, to a point thence easterly 655 feet, more or less, to the point of beginning. Tract #7 Beginning at a point on the southerly line of Fyler Avenue with its intersection with the east line of the River Des Peres Drainage Channel; thence southwesterly 155 feet, more or less, to a point on the west line of said River Des Peres Drainage Channel, which point is 170 feet, more or less, southerly of the intersection of the west line of the River Des Peres Drainage Channel and the centerline of Fyler Avenue, as now located; thence southwesterly along said west line of the River Des Peres Drainage Channel 560 feet, more or less, to a point, which point is 470 feet, more or less, easterly of the intersection of the northerly line of the 6 River Des Peres Drainage Channel and the west line of Wellington Avenue; thence southwardly 390 feet, more or less, to a point on the south line of the River Des Peres Drainage Channel, which point is 40 feet, more or less, northeasterly of the intersection of the east line of Wellington Avenue and the southerly line of the River Des Peres Drainage Channel; thence northeasterly along said south and east line of the River Des Peres Drainage Channel to the point of beginning. Tract #8 Beginning at a point on the west line of Wellington Avenue with its intersection with the north line of the St. Louis- San Francisco Railway Company right of way; thence north along the west line of Wellington Avenue a distance of 250 feet, more or less, to the point of beginning of the herein- described easement; thence westerly a distance of 355 feet, more or less, to a point on the westerly line of the River Des Peres Drainage Channel, which point is 125 feet, more or less, north of the intersection of the westerly line of the River Des Peres Drainage Channel and the north line of the St. Louis-San Francisco Railway Company right of way; thence northerly a distance of 85 feet, more or less, to a point on the westerly line of the River Des Peres Drainage Channel; thence easterly a distance of 385 feet, more or less, to a point on the west line of Wellington Avenue, thence south along the west line of Wellington Avenue a distance of 75 feet, more or less, to the point of beginning. 7 Tract #9 Beginning at the northwest corner of Lot 15 in Block 4983 of the City of St. Louis, Missouri thence northeasterly 345 feet, more or less, to a point on the south line of the St. Louis-San Francisco Railway Company, said point being 110 feet, more or less, southwesterly of the northern line of Tholozan Avenue prolongation westerly to its intersection with said south line to the St. Louis-San Francisco Railway Company; thence easterly along said south line 150 feet, more or less, to a point; thence southwesterly 460 feet more or less, to a point on the south line of Mardel Avenue, which point is 85 feet, more or less, east of the northwest corner of said Lot 15 in Block 4983 (said 85 feet being measured along said south line of Mardel Avenue); thence west along said south line of Mardel Avenue to the place of beginning. Tract #10 Beginning at the southwest corner of Lot 15 in Block 4983 of the City of St. Louis, Missouri thence southwesterly 820 feet, more or less, to a point on a line dividing the City of St. Louis and the City of Shrewsbury, said point being 95 feet, more or less, southwesterly of the southwest corner of Lot 22 in Block 4984 of the City of St. Louis (said 95 feet being measured along said dividing line); thence northeasterly along said dividing line 260 feet, more or less, to a point thence easterly 715 feet, more or less, to the northwest corner of said Lot 15; thence southwardly along 8 the west line of said Lot 15 to the place of beginning. Description of Tower Locations: Beginning at the intersection of the west line of Macklind Avenue and the north line of vacated Carlyle Street; thence westerly 75 feet, more or less, along the said north line of vacated Carlyle Street to a point; thence south and at right angles thereto 50 feet to the south line of vacated Carlyle Street; thence easterly along the south line of vacated Carlyle Street 60 feet, more or less, to the west line of Macklind Avenue; thence north along the west line of Macklind Avenue 55 feet, more or less, to the point of beginning. Beginning at the northwest corner of Lot 15 in Block 4983 of the City of St. Louis, Missouri; thence east along the north line of Lots 15 and 14 in Block 4983, 85 feet, more or less, to a point; thence southwesterly to the southwest corner of said Lot 15, thence northerly along the west line of said Lot 15 to the place of beginning. Section Two. The rights herein granted are limited to such rights as the District may have in the premises concerned and the Union Electric Company shall secure such permission as may be necessary on account of any other existing rights. Section Three. Grantor's right to the use of such properties for sewer and drainage purposes is hereby reserved. Section Four. Grantee shall at its own sole cost and expense relocate, change or adjust such portion of its facilities as are reasonably necessary in order to avoid interference with 9 construction and operation of Grantor's facilities in aforesaid properties, and Grantee shall, at its own sole cost and expense, remove or relocate such towers at such time as the Grantor shall require for channel improvements. Section Five. Grantee shall agree to indemnify the Grantor against any claim or damage arriving out of the use of the rights hereby granted. Section Six. The Executive Director is hereby authorized and directed to execute in behalf of the District an instrument giving effect to Sections One, Two, Three, Four, and Five hereof. 10 The foregoing Ordinance was adopted March 3, 1967.