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HomeMy Public PortalAbout01861 O R D I N A N C E NO. 1861 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 2 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 No, 1 - 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; said parcel of and situated in U. S. Survey 2035 and 2037, all in Out Lot 92 of the City of St. Louis, Missouri, and in a tract of land acquired by St. Louis-San Francisco Railway Company by indenture recorded in Book 6550, Page 43 of St. Louis City Records and being more particularly described as follows: Commencing at the intersection of the centerline of the Memphis Branch (River Division) of the St. Louis-San Francisco Railway and the Southwest line of said U.S. Survey 2035 being Station 410+51.6 on said centerline of the River Division; thence Southeast along said Southwest line of U. S. Survey 2035 a distance of 88.6 feet to the West City Limits line of St. Louis; thence Northeast along said City Limits line a distance of 960.68 feet to the point of beginning; thence Northeast on a straight line 164.75 feet to a point on the West line of River Des Peres drainage channel, said point being radially Southeast of Station 397+58.98 on the said centerline 3 of the River Division; thence Northeast along said West line of River Des Peres on the arc of a curve to the right having a radius of 929.02 feet a distance of 380.15 feet; thence continuing along said centerline of River Des Peres the following course and distances: Northeast, 745.44 feet; thence Northeast on arc of a curve to the left having a radius of 210 feet a distance of 190.50 feet; thence Northeast 29.06 feet to a point; thence leaving said West line of River des Peres Southwestwardly to a point, said point being 40 feet Southeast at right angles to the main track of the St. Louis-San Francisco Railway a point thereon 170.51 feet Southwest along said main track from said Western line of the River Des Peres Drainage Works; thence Southwestwardly to a point, said point being 48 feet southeast at right angles to said railway main track from a point thereon 317.51 feet Southwest along said main track from said Western line of the River des Peres Drainage Works; thence Southwesterly to a point, said point being 67 feet Southeast at right angles to said railroad main track from a point thereon 494.51 feet Southwest along said main track from said line of the River Des Peres Drainage Works; thence Southwesterly to a point 65 feet radial distance Southeast of Station 388+83 on the centerline of the Memphis Branch (River Division); thence Southwestwardly and parallel with the centerline of the River Division to a point on the said Western City Limits line of the City of St. Louis, said point being 140 feet South along said City Limits line from said main track of St. Louis-San Francisco Railway; thence along said City Limits line Southwest, 760.28 feet to the Point of Beginning. Parcel No. 2 - A parcel of land in Out Lot 92 and City Blocks 5003 and 5005W of the City of St. Louis, Missouri and in a tract of land acquired by Union Electric Company, a corporation, which acquired by deeds recorded in Book 6864, page 513 and Book 6891, page 321 of the City of St. Louis Records, and by virtue of decree rendered in Cause No. 38174-D of the Circuit Court on October 12, 1950, a copy of which is recorded in Book 6975, page 363 of the St. Louis Records, and described as follows: Beginning at the intersection of the Northwestern line of Wabash Avenue, 50 feet wide, and the Southern line of Oleatha Avenue 60 feet wide vacated by Ordinance No. 39370; thence Westwardly along said Southern line of vacated Oleatha Avenue a distance of 55.11 feet to a point; thence Westwardly in a straight line a distance of 124 feet, more or less, to a point on the Eastern line of Wellington Avenue, said point being 158.99 feet 4 South along said Eastern line from the Southern right-of-way line of the St. Louis-San Francisco Railway Company; thence North along said Eastern line of Wellington Avenue on the arc of a curve to the left having a radius of 530 feet a distance of 73.25 feet to a point of compound curve; thence continuing North along said Eastern line of Wellington Avenue on the arc of a curve to the right having a radius of 470 feet a distance of 69.35 feet to a point; thence continuing North along said Eastern line of Wellington Avenue a distance of 16.39 feet to said Southern right-of-way line of the St. Louis-San Francisco Railway Company; thence Eastwardly along said Railway right-of-way line a distance of 246 feet, more or less, to the centerline of the former River des Peres; thence Southwestwardly along said centerline a distance of 78 feet, more or less, to the Northwest lien of said City Block 5005W; thence Northeast along said Northwest lien a distance of 96 feet, more or less, to the North line of said City Block 5005W; thence East along the North line of said City Block 5005W a distance of 13.53 feet to the Northwestern line of Wabash Avenue; thence Southwestwardly along said Northwestern line of Wabash Avenue a distance of 191.30 feet to an angle point thereon; thence continuing Southwestwardly along said Northwestern line of Wabash Avenue a distance of 35 feet, more or less, to the point of beginning. Parcel No. 3 - A parcel of land in part of Out Lot 92 of the City of St. Louis, Missouri in U.S. Survey 2037, Township 45 North, Range 6 East and being more particularly described as follows: Beginning at the Southwest corner of Lot 8 of Harlem Place in City Block 4776; thence Easterly along the South line of said Lot 8 a distance of 62.12 feet; thence Southwest along the Southeast right-of-way line of the St. Louis-San Francisco Railway Co. on the arc of a curve to the right having a radius of 2392.01 feet a distance of 439.01 feet to a point of common curve; thence continuing Southwest along said southeast right-of-way line of railroad on the arc of a curve to the right having a radius of 5829.65 feet a distance of 118.71 feet to a point in the North line of City Block 5005W, said point being 13.53 feet West along said North line of City Block 5005W from the Northeast corner thereof; thence continuing Southwest along said southeast right-of-way line of railroad on said arc to the right having a radius of 5829.65 feet a distance of 96 feet to a point; thence Northeasterly in a straight line of a distance of 80 feet to a point being 246 feet Northeast along the Southeast right-of-way line of railroad from 5 the Northeast line of Wellington Avenue; thence Northeasterly in a straight line to a point 25 feet radial distance Northwest of a point in the said southeast right-of-way line of railroad, said point in Southeast right-of-way line of railroad being 48.71 feet Northeast along Southeast right-of-way of railroad from the said North line of City Block 5005W; thence Southeast on a radial line a distance of 10 feet to a point 15 feet radial distance Northwest of said point in Southeast right-of-way line of railroad, 48.71 feet Northeast of North line of City Block 5005W; thence Northeast on a line 15 feet Northwest of and parallel with the said Southeast right-of-way line of railroad a distance of 69.94 feet to a point of a common curve; thence continuing Northeast on a line 15 feet Northwest of and parallel with the said Southeast right-of-way line of railroad a distance of 201.47 feet to a point; thence Northeast in a straight line 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, 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 195 feet right of centerline Station 1346+50 to approximately 119 feet right of centerline Station 1346+65. 67.6% REIMBURSABLE Location #2 - That portion of District's facilities lying approximately 118 feet right of centerline Station 1371+30 to 103 feet right of centerline Station 1371+60 to 71 feet right of 6 centerline Station 1371+75 to 71 feet right of centerline Station 1372+88 to 136 feet right of centerline Station 1372+88 (centerline Station 0+82 Outer Roadway #1) to 128 feet right of centerline Station 1374+92 (centerline Station 2+95 Outer Roadway #1) to 130 feet right of centerline Station 1377+55 (centerline Station 5+52 Outer Roadway #1). 67.6% REIMBURSABLE Location #3 - That portion of District's facilities lying approximately 71 feet right of centerline Station 1372+88 to approximately 75 feet left of centerline Station 1373+24 to approximately 75 feet left of centerline Station 1375+12 to approximately 84 feet left of centerline Station 1375+73. 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 March 18, 1969.