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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 3 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 4 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 5 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 6 348.66 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 7 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 8 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 9 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.