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HomeMy Public PortalAbout01812 O R D I N A N C E NO. 1812 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 the City of St. Louis, 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, 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 City 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 the City Limits of the City of St. Louis and Smiley Avenue, 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 portion of the River des Peres Drainage Works and Foul Water Sewer 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 therein and to use, maintain and reconstruct the new and existing drainage works and sewers and appurtenances therein, but releases any right of access to or from the thruways of the highway. That portion of Right of Way which is involved in this grant is set forth as follows: That portion of the River des Peres Drainage Works in the City of St. Louis, State of Missouri, as established by City of St. Louis Ordinance No. 32986, approved April 16, 1924 and by City of St. Louis Ordinance No. 39950, amending Ordinance No. 32986, and approved February 23, 1933 and more particularly described as follows: That portion of River des Peres Drainage Ditch (as platted) situated in Out Lot 92 of the City of St. Louis, Missouri and being in U.S. Survey 2037, Township 45 North, Range 6 East and being more particularly described as follows: Commencing at the Northeast corner of Block 4977 of the City of St. Louis being the intersection of the West line of Wabash Avenue (160 feet wide) and the South line of Pernod Avenue (60 feet wide); thence along the said South line of Pernod Avenue, North 82 degrees 31 minutes 39 seconds West, 10 feet to a point on the East line of River des Peres Drainage Ditch; thence along said East line of River des Peres North 7 degrees 28 minutes 21 seconds East, 50.92 feet to an angle point in said East line, also being a point on curve the tangent to which bears North 30 degrees 59 minutes 49 seconds East; thence from said angle point continuing along said East line of River des Peres and on said arc of a curve to the left having a radius of 430 feet a distance of 204.79 feet to the point of beginning, said point of beginning located seventy-three (73) feet right of centerline Station 1360+32.19; thence continuing along said East line of River des Peres and on said arc a distance of 59.94 feet; thence North 4 -2- degrees 16 minutes 42 seconds East, 97.33 feet to a point, said point located seventy-three (73) feet left of centerline Station 1360+90.26; thence leaving said East line South 65 degrees 33 minutes 13 seconds West, 234.37 feet to a point on the West line of said River des Peres; said point located seventy-three (73) feet left of centerline Station 1358+55.32; thence along said West line of River des Peres South 4 degrees 16 minutes 42 seconds East, 19.56 feet; thence in a Southerly direction on the arc of a curve to the right having a radius of 210 feet a distance of 190.50 feet; thence South 47 degrees 41 minutes 50 seconds West, 9.82 feet to a point, said point located seventy and eighty-two hundredths (70.82) feet right of centerline Station 1357+08.13; thence leaving said West line of River des Peres North 65 degrees 33 minutes 13 seconds East, 324.07 feet to the point of beginning. 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. 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. The foregoing Ordinance was adopted November 7, 1968. -3-