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HomeMy Public PortalAbout01789 O R D I N A N C E NO. 1789 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 limited access 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 for its use and possession to all public easements for sewer and 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 Interstate Route 44 between Sappington Road and Old Orchard, 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 Commission, the right to construct, reconstruct, repair and 2 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 use of such Rights of Way for sewer and drainage purposes, including the right to construct new sewers and appurtenances wherein and to use maintain and reconstruct the new and existing sewers and appurtenances therein, but releases all rights of access between its adjacent easements and said highway except from any easement, roadway or other means of access outside such highway right-of-way. Those portions of Rights of Way which are involved in this grant are set forth as follows: Parcel #1 - That portion of District's rights situated on a parcel or land by virtue of an license agreement entered into on the Sixth day of April, 1937, by and between the St. Louis-San Francisco Railway Company and the Village of Oakland, a municipal corporation situated in St. Louis County, State of Missouri; said parcel of land more particularly described as follows: A triangular shaped parcel of land in Section 6, Township 44 North, Range 6 East, bounded on the East by the West line of Sappington Road, on the South by the North line of Elliott Avenue and on the Northwest by the Southeast line of the right-of-way of the St. Louis and San Francisco Railway Company 100 feet wide, as established by deed recorded in Book 14, Page 528 of the St. Louis County Records. Parcel #2 - That portion of District's easement situated in the Southeast fractional quarter of Section 6, Township 44 North, Range 6 East, St. Louis County, Missouri and having the uniform width of 10 feet and lying 5 feet on either side of a line herein described as beginning at a point 506.2 feet South 78 degrees 57 minutes 05 seconds West along the South line of the St. Louis and San Francisco Railway right-of-way from a stone set at the 3 Northeastern corner of a tract of land now or formerly owned by Bethesda-Dilworth Memorial Home (who acquired said tract by inheritance); thence South 68 degrees 30 minutes East along said line a distance of 75 feet to its point of ending. Parcel #3 - That portion of District's easement situated in Section 6, Township 44 North, Range 6 East, St. Louis County, Missouri as recorded in Book 1465, Page 525 of the deed records of St. Louis County, Missouri and more particularly described as follows: An easement on the East side of Lots 4 and 16 in Plat #2 of Oakhaven Subdivision, according to the plat thereof recorded in Plat Book 56, Page 91 and on the West side Lots 3 and 17 of Plat #1 of Oakhaven Subdivision, according to the plat thereof recorded in Plat Book 59, Page 99 and lying 5 feet either side of and measured at right angles to the following described line; beginning at the Southwest corner of said Lot 3 and extending Northerly a distance of 310.54 feet to a point in the North line of said Lot 16, being distant 5 feet West along said North line from the Northeast corner of said Lot 16. Parcel #4 - That portion of District's easement situated on a parcel of land in part of Lots 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 21, 22, 23, 24, 25, 26 and 27 of Block 1 of Yeddo Park, according to the plat thereof recorded in Plat Book 4, Page 38 of the St. Louis County Records and described as beginning at a point located South 38 degrees 30 minutes East, a distance of 157 feet form a point located South 40 degrees 30 minutes East a distance of 8 feet from the most northern corner of the Northwest line of said Lot 4; thence North 53 degrees East a distance of 524 feet to a point; thence South 39 degrees 30 minutes East a distance of 152.5 feet to a point; thence South 52 degrees 30 minutes West a distance of 10 feet to a on;t thence North 39 degrees 30 minutes West a distance of 143.5 feet to a point; thence South 53 degrees West a distance of 513 feet to a point; thence South 37 degrees 45 minutes West a distance of 9 feet to a point; thence South 82 degrees West a distance of 6.5 feet to a point; thence a Northeasterly direction a distance of 10 feet, more or less, to the point of beginning. Parcel #5 - That portion of District's easement situated in Lot 7, Block 1 of Brightside Park in the City of Webster Groves, St. Louis County, Missouri, according to the plat thereof recorded in Plat Book 4, Page 8 of the St. Louis County Recorder's Office, said easement being more particularly described as follows: Being a strip of land 10 feet wide measured at right angles to and lying along, adjacent to and parallel with the Southern line of said Lot 7 and extending Eastwardly and Westwardly across said lot. Also that portion of District's easement situated in Lot 3, Block 1 of Brightside Park in the City of Webster Groves, St. Louis 4 County, Missouri according to plat thereof recorded in Plat Book 4, Page 8 of the St. Louis County Recorder's Office, said easement being more particularly described as follows: Being a strip of land 10 feet wide, measured at right angles to and lying along, adjacent to and parallel with the straight Westwardly prolongation of the Southern line of Lot 7, Block 1 of said Brightside Park and extending Eastwardly and Westwardly across the Northern portion of said Lot 3. Parcel #6 - That portion of District's easement situated in a parcel of land in part of Lots 7,6 and 5 of Chestnut's Subdivision at Selma, according to the plat thereof recorded in Plat Book 2, Page 66 of the St. Louis County Records and described as commencing at the Northwest corner of said Lot 7 and running thence North 75 degrees 17 minutes 29 seconds East a distance of 2.5 feet as measured along the Northwest line of said Lot 7 to the point of beginning of the herein described parcel; thence South 14 degrees 30 minutes a distance of 15 feet to a point; thence South 78 degrees 30 minutes East a distance of 530.5 feet to a point; thence North 84 degrees East a distance of 28.5 feet to a point; thence North 78 degrees 30 minutes West a distance of 550 feet to a point; thence North 14 degrees 30 minutes West a distance of 85. feet to a point; thence South 75 degrees 17 minutes 29 seconds West a distance of 10 feet to the point of beginning. Parcel #7 - That portion of the District's easement situated on a parcel of land lying, being, and situated in Lot 4, Block 3 of Spencer's Addition to Selma in the City of Webster Groves, St. Louis County, Missouri according to the plat thereof recorded in Plat Book 1, Page 73 of the St. Louis County Recorder's Office. Said parcel is more particularly described as follows: Being a strip of land 10 feet wide, measured at right angles to and lying along adjacent to and parallel with the Eastern line of said Lot 4 and extending Northwardly and Southwardly across said lot. Also that portion of the District's easement situated on a parcel of land lying, being, and situated in Lot 1 of the re-subdivision of Lot 11, Block 3 of Spencer's Addition to Selma, in the City of Webster Groves, St. Louis County, Missouri according to the plats thereof recorded in Plat Book 80, Page 7, and Plat Book 1, Page 73 of the ST. Louis County Recorder's office. Said easement is more particularly described as follows: Being a strip of land 10 feet wide, 5 feet on each side of and measured at right angles to the following described centerline, beginning at a point on the South lien of Lot 4, Block 3 of Spencer's Addition to Selma said point being 5 feet measured at right angles to and lying along adjacent to and parallel with Eastern line of said Lot 4, thence a prolongation from said point a distance of 18 feet, more or less, across said Lot 11. 5 Section Two. 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, on those portions of District's facilities located previously on private right-of-way belonging to the District and located on highway right-of-way, within the following limits: 54.2% Reimbursable Location #1 - That portion of District's facilities lying approximately 100 feet left of centerline Station 1131+89 to approximately 140 feet right of centerline Station 1131+89. 100% Reimbursable Location #2 - That portion of District's facilities lying approximately 100 feet left of centerline Station 1142+05 to approximately 142 feet right of centerline Station 1142+05. Location #3 - That portion of District's facilities lying approximately 100 feet left of centerline Station 1151+28.6 to approximately 185 feet right of Station 1151+25 to approximately 212 feet right of Station 1151+45. 72.5% Reimbursable Location #4 - That portion of District's facilities lying approximately 190 feet right of centerline Station 1195+17 to approximately 220 feet right of centerline Station 1196+35 to approximately 177 feet right of centerline Station 1197+74 to approximately 173 feet right of centerline Station 1200+25. 53.2% Reimbursable Location #5 - That portion of District's facilities lying 6 approximately 57 feet right of baseline Station 1+66, Ramp 11 to approximately 75 feet right of Elm Avenue centerline Station 13+52. 100% Reimbursable Location #6 - That portion of District's facilities lying approximately 100 feet left of centerline Station 1232+26 to approximately 170 feet right of centerline Station 1234+33. 100% Reimbursable Location #7 - That portion of District's facilities lying approximately 70 feet left of centerline Station 1247+45 to approximately 127 feet right of centerline Station 1247+45. Section Three. The Executive Director is hereby authorized and directed to execute in behalf of the District an instrument giving effect to Sections One and Two hereof. 7 The foregoing Ordinance was adopted September 12, 1968.