HomeMy Public PortalAbout01826REPEALED - SEE 1847
O R D I N A N C E NO. 1826
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 Old
Orchard and the City of St. Louis, 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 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, 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 the District's rights situated on
a parcel of land in U. S. Survey 1953, Townships 44 and 45
North, Range 6 East and in Lots 23 and 24 of the Subdivision
of A. P. Lockwood's Farm at Old Orchard Station, according to
the plat thereof recorded in Plat Book 2, Page 50 of the St.
Louis County Records, and described as beginning at a point on
the Western line of Old Orchard Avenue as widened 10 feet by
Ordinance No. 999 of the City of Webster Groves said point
being 98 feet North along said Western line from the Southern
line of said Lot 24; thence North along said Western line from
the Southern line of said Lot 24; thence North along said
Western line a distance of 363.42 feet to the Southern line of
Garden Avenue, vacated by Ordinance No. 323 of the City of
Webster Groves; thence West along said Southern line of Garden
Avenue a distance of 103.90 feet more or less to the
Southeastern right-of-way line of the St. Louis and San
Francisco Railway Company; thence Southwest along said Railway
right-of-way line a distance of 605 feet more or less to the
Southern line of said Lot 24; thence East along said Southern
line of Lot 24 a distance of 445.94 feet to a point said point
being 45 feet West along said Southern line from the Western
line of Old Orchard Avenue as widened; thence Northeasterly in
a straight line a distance of 107.84 feet to the point of
beginning.
Parcel #2 - Those portions of District's easements situated
in part of Lot 41 of the Subdivision of Angelica P. Lockwood's
Farm at Old Orchard in U. S. Survey 1953 Township 44 North and
Township 45 North, Range 6 East, St. Louis County, Missouri
and being more particularly described as follows: Beginning at
a point in the South line of Cahill Street (30 feet wide),
said point being 237.6 feet West along said South line of
Cahill Street from the West line of Laclede Station Road (40
feet wide); thence South and parallel with the said West line
of Laclede Station Road a distance of 199.05 feet; thence
Northeasterly to a point in the said South line of Cahill
Street, said point being 142.6 feet West along said South line
of Cahill Street from the West line of Laclede Station Road;
thence Westerly along said South line of Cahill a distance of
95 feet to the point of beginning.
Parcel #3 - That portion of District's easement situated in
part of Lot 10 of Stebbins Subdivision of that portion of Lots
29 and 30 of the Murdock Farm Subdivision in U. S. Survey
1953, Township 44 North and Township 45 North, Range 6 East,
St. Louis County Missouri and being more particularly
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described as follows: Beginning at a point in the West line of
Stebbins Avenue (40 feet wide), said point being the Southeast
corner of said Lot 10; thence West along the South line of Lot
10 a distance of 147 feet; thence North and parallel with the
West line of Stebbins Avenue a distance of 10 feet; thence
East and parallel with the South line of Lot 10 a distance 147
feet to a point in the said West line of Stebbins Avenue;
thence South along the West line of Stebbins Avenue to the
point of beginning.
Parcel #4 - Those portions of District's easements situated in
part of Lots 4 and 5 of Stebbins Subdivision, according to the
plat thereof recorded in Plat Book 1, Page 93 of the St. Louis
County Records and being more particularly described as the
West 10 feet of said Lots 4 and 5.
Parcel -#5 - That portion of District's easement situated in
the North half of Lot 2 of Stebbins Subdivision, according to
the plat thereof recorded in Plat Book 1, Page 93 of the St.
Louis County Records and being more particularly described as
the West 10 feet of the said North half of Lot 2.
Parcel #6 - Those portions of District's easements situated in
part of Lot 1 of Stebbins Subdivision, according to the plat
thereof recorded in Plat Book 1, Page 93 of the St. Louis
County Records and in Lot 9 of John D. Finney's Subdivision,
according to the plat thereof recorded in Plat Book 2, Page 49
and being more particularly described as follows: Beginning at
the intersection of the North line of Rosedell Avenue
(formerly Collins Avenue 40 feet wide) and the West line of
Wilshusen Avenue (40 feet wide); thence West along the North
line of Rosedell Avenue a distance of 362.5 feet to a point in
the Southeast line of the Frisco Railroad right-of-way; thence
Northeasterly along said Southeast line of Frisco Railroad to
a point in the South line of said Lot 9, said point being
200.2' West along said South line of Lot 9 from the West line
of Wilshusen Avenue; thence along said South line of Lot 9 a
distance of 41.8 feet to a point; thence Northeasterly along
the Southeast right-of-way line of the Frisco Railroad to its
intersection with the said West line of Wilshusen Avenue;
thence South along the West line of Wilshusen Avenue a
distance of 296.71 feet to the point of beginning.
Parcel #7 - That portion of District's rights situated on a
parcel of land by virtue of an agreement entered into on the
28th day of September, 1939 by and between the St. Louis- San
Francisco Railway Company and the City of Webster Groves, a
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municipal corporation situated in St. Louis County, State of
Missouri and by virtue of an agreement entered into on the
31st day of July, 1962, by and between the St. Louis-San
Francisco Railway Company and the Metropolitan St. Louis Sewer
District, a municipal corporation and a political subdivision
of the State of Missouri, and more particularly defined as
follows: A parcel of land situated in Lot 29 of Murdock Farm
Subdivision in Lot 3 of Kenneth McKenzie Tract in U. S. Survey
1953, Township 45 North, Range 6 East, St. Louis County,
Missouri and being more particularly described as follows:
Beginning at the intersection of the North line of said Lot 20
with the Southeast right-of-way line of the Frisco Railroad,
said point being 75 feet radial distance Southeast of the
centerline of the North main track of said Frisco Railroad;
thence Southwesterly along said Southeast right-of-way line of
railroad a distance of 300 feet to a point; thence
Northwesterly on a line radial to said Southeast right-of-way
line a distance of 25 feet to a point; thence Northeasterly
along a line 25 feet Northwest of and parallel with said
Southeast rights of-way line of railroad to a point in the
said North line of Lot 29; thence East along said North line
of Lot 29 a distance of 40.7 feet to the point of beginning.
Parcel #8 - Those portions of District's easements situated in
Lots 2, 3 and 8 of Block 10 in Shrewsbury Park Second
Subdivision, according to the plat thereof recorded in Plat
Book 1, Page 88 of the St. Louis County Records.
Parcel #9 - Those portions of District's easements situated in
Lots 2 and 3 of Krause Subdivision, according to the plat
thereof recorded in Plat Book 76, Page 7 of the St. Louis
County Records and being more particularly described as
follows: Beginning at the intersection of the West line of
Krause Court (an easement 30 feet wide) and the North line of
Melbourne Avenue; thence Northerly along the West line of
Krause Court, a distance of 294.49 feet to a point; thence
Northeasterly to the intersection of Lots 1, 2 and 3 of said
Krause Subdivision; thence Northeasterly to a point on the
North prolongation of the East line of Krause Court said point
being 309.67 feet North along said East line of Krause Court
and its Northerly prolongation from the North line of
Melbourne Avenue; thence Southerly along said East line of
Krause Court and its Northerly prolongation to the said North
line of Melbourne Avenue; thence West along the North line of
Melbourne Avenue and across Krause Court, a distance of 30
feet to the point of beginning.
Parcel #10 - That portion of District's easement situated in
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Lot 49 of Block 20 in Shrewsbury Park Third Subdivision,
according to the plat thereof in Plat Book 2, Page 93 of the
St. Louis County Records and being more particularly described
as follows: Beginning at the Northeast corner of said Lot 49;
thence Southerly along the East line of Lot 49 a distance of
35 feet; thence Southwest to a point in a line parallel with
and 10 feet West of the said East line of Lot 49; thence North
along said line 10 feet West of and with the East line of Lot
49 a distance of 36.89 feet to the North line of Lot 49;
thence East along the North line of Lot 49 a distance of 10
feet to the point of beginning.
Parcel #11 - That portion of District's easement situated on a
parcel of land in Lot 23 of a subdivision in U. S. Survey
2035, Township 45 North, Range 6 East, and in a tract of land
conveyed to the Laclede Gas Company by deeds recorded in Book
259, Page 605 and Book 270, Page 546 of the St. Louis County
Records, and described as beginning at a point on the Northern
line of Melbourne Avenue, which line is also the Southern line
of U. S. Survey 2035, said point being 628.66 feet West along
said Northern line of Melbourne Avenue from its intersection
with the centerline of St. Vincent Avenue, produced
Northwardly; thence North 75 degrees 57 minutes 15 seconds
West along said Northern line of Melbourne Avenue a distance
of 243.50 feet to the Southeast corner of property conveyed to
the Texas Company by deed recorded in Book 264, Page 525 of
the St. Louis County Records; thence North 45 degrees 45
minutes 38. seconds East along the Southeastern line of the
Texas Company property a distance of 158.46 feet to an angle
point; thence North 12 degrees 18 minutes 22 seconds West
along the Eastern line of the Texas Company property a
distance of 243.29 feet to a point; thence North 71 degrees 58
minutes 20 seconds East a distance of 306 feet to a point;
thence North 66 degrees 41 minutes 38 seconds East a distance
of 363.0 feet to a point; thence North 74 degrees 41 minutes
38 seconds East a distance of 103.0 feet to a point; thence
North 54 degrees 41 minutes 38 seconds East 100 feet to a
point on the Western right-of-way line of the River Division
of the St. Louis and San Francisco Railroad Company, said
point being 100 feet West at right angles to the centerline of
railroad at Station 401+85 thereon; thence Southwardly along
said Western right-of-way line and along the arc of a curve to
the left having a radius of 1532.69 feet a distance of 565.5
feet to a point, the chord of which arc bears South 10 degrees
00 minutes 10 seconds West a distance of 562.4 feet; thence
Westerly to a point which is 255 feet perpendicular distance
North of the North line of Melbourne Avenue at a point distant
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348.66 feet West of the centerline of St. Vincent Street, as
measured along said North line of Melbourne Avenue; thence
South 70 decrees 25 minutes 12 seconds West a distance of
270.99 feet to a point; thence South 41 degrees 23 minutes 45
seconds West 118.21 feet to the point of beginning.
Parcel #12 - That portion of District's rights situated on a
parcel of land by virtue of an agreement entered into on 5th
day of March, 1936, by and between the St. Louis-San Francisco
Railway Company and the City of Shrewsbury, a municipal
corporation situated in St. Louis County, State of Missouri;
said parcel of land situated in part of U. S. Survey 2035,
Township 45 North, Range 6 East, and more particularly
described as follows: Beginning at a point on the Northwest
right-of-way line of the River Division of the Frisco
Railroad, 100 feet radial distance Northwest of the Main
Track, said point being distant 316.75 feet Northeasterly
along said Northwest right-of-way line from its intersection
with the South line of said U. S. Survey 2035; thence
Northeasterly along said Northwest right-of-way line a
distance of 175 feet to a point; thence Southeast on a line
radial to said Northwest right-of-way line a distance of 90
feet; thence Southwesterly on a straight line a distance of
191.99 feet to the point of beginning.
Parcel #13 - That Portion of District's rights situated on a
parcel of land by virtue of an agreement entered into on the
7th day of December, 1935, by and between the St. Louis-San
Francisco Railway Company and the Webster Groves Sanitary
Sewer District, predecessor to Metropolitan St. Louis Sewer
District, situated in St. Louis County, State of Missouri and
more particularly described as follows: A parcel of land in
part of Lots 23 and 24 of the subdivision of U. S. Survey
2035, Township 45 North, Range 6 East, St. Louis County,
Missouri and being part of a tract of land acquired by St.
Louis-San Francisco Railway Company by deeds recorded in Book
2215, Page 51 and Book 2239, Page 464 of the St. Louis County
Records and of the City (formerly County) Records in Book 708,
Page 182 and being more particularly described as follows:
Commencing at the intersection of the centerline of the
Memphis Branch (River Division) of St. Louis-San Francisco
Railroad right-of-way (200 feet) and the Southwest line of
said U. S. Survey 2035, being centerline Station 410+51.6;
thence along the said Southwest line of U. S. Survey 2035
Southeast, 88.6 feet to the West City Limits line of the City
of St. Louis; thence along said West City Limits line
Northeast 960.68 feet to the point of beginning; thence along
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said West City Limits line Northeast, 611.49 feet to the
Southeast line of the St. Louis-San Francisco Railroad right-
of-way acquired by said Book 708, Page 182; thence continuing
Northeast along said West City Limits line 25.79 feet to a
point 197 feet distant Southwest along said West City Limits
line from the centerline of said Railroad right-of-way by deed
in Book 708, Page 182; thence Southwest in a straight line to
a point in said Southeast line of Railroad right-of-way by
Book 708, Page 182; thence Southwest along the Southeast line
of the St. Louis-San Francisco Railroad right-of-way (Memphis
Branch) to a point 100 feet radial distance Southeast of
Station 405+56.82 on said centerline of Memphis Branch (River
Division); thence Southeast and radial to said centerline to a
point 170 feet distance Southeast of said centerline Station
405+56.82; thence Northeast in a straight line a distance of
501.75 feet to the point of beginning, and containing 221,869
square feet, more or less.
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:
100% REIMBURSABLE
Location #1 - That portion of District's facilities lying
approximately 120 feet left of centerline Station 1271+72 to
approximately 190 feet right of centerline Station 1274+27 and
crossing centerline of Interstate 44 at Station 1272+77.
45% REIMBURSABLE
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Location #2 - That portion of District's facilities lying
approximately 140 feet right of centerline Station 1284+75 to
approximately 135 feet left of centerline Station 1285+35 and
crossing centerline of Route Interstate 44 at Station 1285+04.
58.7% REIMBURSABLE
Location #3 - That portion of District's facilities lying
approximately 127 feet right of centerline Station 1284+75 to
approximately 110 feet right of centerline Station 1286+90.
91.3% REIMBURSABLE
Location #4 - That portion of District's facilities lying
approximately 110 feet left of centerline Station 1301+55 to
approximately 85 feet left of centerline Station 1301+37 to
approximately 77 feet left of centerline Station 1304+31 to
approximately 98 feet left of centerline Station 1304+31.
31.2% REIMBURSABLE
Location #5 - That portion of District's facilities lying
approximately 85 left of centerline Station 1301+37 to
approximately 140 feet right of Station 1301+95 and crossing
centerline of Route Interstate 44 at Station 1301+72.
100% REIMBURSABLE
Location #6 - That portion of District's facilities lying
approximately 274 feet right of centerline Station 1331+14 to
approximately 221 feet right of centerline Station 1332+57 to
approximately 188 feet right of centerline Station 1335+00 to
approximately 191 feet right of centerline Station 1337+65 to
approximately 205 feet right of centerline Station 1337+79.
96.9% REIMBURSABLE
Location #7 - That portion of District's facilities lying
approximately 182 feet right of centerline Station 1328+96 to
approximately 117 feet left of centerline Station 1329+90 and
crossing centerline of Route Interstate 44 at Station 1329+50.
100% REIMBURSABLE
Location #6 - That portion of District's facilities lying
approximately 89 feet left of centerline Station 1346+40 to
approximately 119 feet right of centerline Station 1346+65 and
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crossing centerline of Route Interstate 44 at Station 1346+51.18.
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 December 12, 1968.