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HomeMy Public PortalAbout01761 O R D I N A N C E NO. 1761 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 cross certain sewer Rights of Way in St. Louis County, Missouri, as hereinafter described, with a highway, 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 of its use and possession to all public easements for sewer drainage purposes within its area, including those in the County of St. Louis; and WHEREAS, the State Highway Commission of the State of Missouri wishes to cross certain Rights of Way and sewers of this District with a highway, now known as Route 140 (Lindbergh Boulevard), between Route I-70 and Adie Road, and WHEREAS, the State Highway Commission of the State of Missouri has requested the District grant the right to so use such Rights of Way, 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, repair and maintain a highway across the following described Rights of Way according to plans approved by District's Engineering Department and as hereinafter set forth, subject however, to the following terms and reservations: The Metropolitan St. Louis Sewer District reserves the right to the access to and use of such Rights of Way 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 re- construct, relocate or repair because of such highway use, such work will be done at the cost of the State Highway Commission. Those portions of Rights of Way which are involved in this grant are set forth as follows: Parcel No. 1 - That portion of District's easement situated in U.S. Surveys 406 and 1203, Township 46 North, Range 5 East, St. Louis County, Missouri and being more particularly described as follows: Beginning at a point on the existing East right-of-way line of Lindbergh Boulevard being distant 1587.84 feet North as measured along said East line of Lindbergh Boulevard from the North line of Old St. Charles Road as established by deed recorded in Book 1047, page 277 of the St. Louis County Records; thence along said existing East line of Lindbergh Boulevard North 370 feet to an angle point in said East line; thence continuing along said East line in a Southeasterly direction a distance of 30 feet; thence Southwesterly 370.32 feet to the point of beginning. Parcel No. 2 - That portion of District's easement situated in U.S. Survey 406, Township 46 North, Range 6 East, St. Louis County, Missouri and being more particularly described as follows: Commencing at the intersection of the South line of St. Charles Rock Road with the West line of Adie Road (40 feet wide); thence North 53 degrees 11 minutes West along said South line of St. Charles Rock Road 1472.27 feet to an angle point in said South -2- line of St. Charles Rock Road; thence continuing along said South line South 36 degrees 49 minutes West a distance of 10 feet to an angle point in said South line; thence continuing along said South line North 53 degrees 11 minutes West, 56 feet to the point of beginning; thence along said South line of St. Charles Rock Road North 53 degrees 11 minutes West, 66.36 feet; thence along the right-of-way line at St. Charles Rock Road and Lindbergh Boulevard South 87 degrees 24 minutes West, 195.55 feet to a point on the East line of Lindbergh Boulevard; thence along said East line of Lindbergh Boulevard South 48 degrees 45 minutes West, 201 feet; thence South 44 degrees 56 minutes West, 205.28 feet; thence leaving said East line of Lindbergh Boulevard North 57 degrees, 47 minutes 28 seconds East, 207.54 feet; thence North 55 degrees 09 minutes 54 seconds East, 208.50 feet; thence North 68 degrees 00 minutes 57 seconds East, 92.78 feet; thence South 81 degrees 06 minutes 30 seconds East, 113.17 feet to the point of beginning. Parcel No. 3 - That portion of District's easement situated in U.S. Survey 1203, Township 46 North, Range 5 East, St. Louis County, Missouri and being more particularly described as follows: Beginning at the intersection of the West line of Lindbergh Boulevard with the North line of Old St. Charles Road; thence Northerly along the said West line of Lindbergh Boulevard a distance of 1992.74 feet to a point; thence Westerly at right angles to said West line of Lindbergh a distance of 15 feet; thence Southerly along a line 15 feet West of and parallel with the said West line of Lindbergh to a point in the said North line of Old St. Charles Road; thence Easterly along said North line of Old St. Charles Road 15.99 feet to the point of beginning. Parcel No. 4 - That portion of District's easement situated in part of Lot 1 of the Fred Osthoff Estate in U. S. Survey 1203, Township 46 North, Range 5 East, St. Louis County, Missouri and being more particularly described as follows: Beginning at the intersection of the West line of Lindbergh Boulevard with the South line of Old St. Charles Road; thence South along the said West line of Lindbergh Boulevard a distance of 55.60 feet; thence West at right angles to said West line of Lindbergh a distance of 15 feet; thence North along a line 15 feet West of and parallel with said West line of Lindbergh a distance of 65.37 feet to the said South line of Old St. Charles Road; thence Easterly along said South line of Old St. Charles Road; a distance of 17.90 feet to the point of beginning. 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 July 25, 1968. -3-