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HomeMy Public PortalAbout01886 O R D I N A N C E NO. 1886 AN ORDINANCE, directing the Executive Director and the Secretary-Treasurer to convey for the District to the State Highway Commission of Missouri certain parcels of land and certain temporary rights in land, all situated in City Block 4636-N of the City of St. Louis, Missouri. Section One. Attached to this ordinance and hereby made a part of it is a certain contract entered into by the District March 13, 1969, and by the State Highway Commission of Missouri March 15, 1969, occasioned by the highway construction project designated as Interstate Route 44, City of St. Louis, Missouri, from Smiley to January, under Commission Project I-IG- 44-4(31). Such contract provides for an exchange of lands and interests in lands for various good and valuable considerations, starting with a conveyance by the District for a money consideration. Section Two. The Executive Director and the Secretary- Treasurer are hereby directed to convey in behalf of the District to the State Highway Commission of Missouri by delivery of a General Warranty Deed for a recited consideration of One Hundred Forty-five Thousand Dollars ($145,000.00) to them first in hand paid, the parcels of land and the temporary construction easements in other land, all in City Block 4636-N of the City of St. Louis, Missouri, as more particularly described at pages 2, 3 and 4 of the contract described in Section One. Section Three. The deed referred to in Section Two 2 shall contain the reservation by the District of the right of direct access agreed to in the second full paragraph of page 4 of the contract described in Section One. The foregoing Ordinance was adopted May 1, 1969. 3 The St. Louis Metropolitan Sewer District Route I-44, City of St. Louis Project I-IG_44-4(31) CONTRACT THIS AGREEMENT, made and entered into by and between the State of Missouri, acting by and through the State Highway Commission of Missouri, hereinafter called "Commission", and The St. Louis Metropolitan Sewer District, a corporation and political subdivision of the State of Missouri, hereinafter called "District", WITNESSETH: In connection with its projected construction and improvements on a highway known and designated as Interstate Route 44, City of St. Louis, Missouri, from Smiley to January, under Commission Project I-IG-44-4 (31), Commission will require right- of-way including lands and interests in lands now owned by District. District is willing to exchange its lands and interests in lands required by the Commission in connection with the said highway construction and improvements for certain adjacent lands for considerations as herein specified, including among other 4 considerations, improvement of part of said lands by Commission to suit District's purposes for use a parking lot. In consideration of the money consideration hereinafter stated and other good and valuable consideration, including the mutual promise and covenants herein contained, to be faithfully kept and performed by the parties, and each of them, their legal representatives, successors, and assigns, it is agreed between the parties as follows: 1. For and in consideration of the sum of One Hundred Forty-five Thousand Dollars ($145,000), the District will convey to Commission by General Warranty Deed, the following described lands and interests in land in the City of St. Louis, Missouri, to-wit: A parcel of land in City Block 4636-N of the City of St. Louis, Missouri in Lot 12 of D. W. Graham's Subdivision and in a tract of land conveyed to the Metropolitan St. Louis Sewer District by deed recorded in Book 8053, Page 32 of the City of St. Louis Records and described as beginning at a point on the Eastern line of Hampton Avenue, 80 feet wide, said point being 348.07 feet North along said Eastern line from the intersection of said Eastern line and the Northern line of Wilson Avenue, 40 feet wide; thence North 57 degrees 17 minutes 22 seconds East along the Southeastern line of said Sewer District Tract a distance of 278.92 feet to the most Eastern corner thereof; thence North 21 degrees, 43 minutes 05 seconds West along the Eastern line of said Sewer District Tract a distance of 95 feet to an angle point thereon; thence North 13 degrees 43 minutes 15 seconds West along said Eastern line a stance of 58.70 feet to a point; thence South 76 degrees 16 minutes 45 second West a distance of 120 feet to a point; thence North 78 degrees 07 minutes seconds West a distance of 136.50 feet to a point; thence North 04 degrees 33 minutes 38 seconds West a distance of 285 feet to a point on said Eastern line of Hampton Avenue; thence Southwardly along said Eastern line of Hampton Avenue on a curve to the left having a radius of 971.49 fact a distance of 595.07 feet to the point of beginning and containing 64,707 square feet, more or less. 5 Also a parcel of land in City Block 4636-N of the City of St. Louis Missouri, in Lot 12 of D. W. Graham's Subdivision and in a tract of land conveyed to the Metropolitan St. Louis Sewer District by deed recorded in Book 8053, Page 32 of the City of St. Louis Records and described as beginning at the most Northern corner of said Sewer District Tract; thence South 8 degrees 30 minutes West along the Eastern line of Hampton Avenue 80 feet wide, a distance of 115.85 feet to a point; thence South 78 degrees 56 minutes 04 seconds East a distance of 223.40 feet to a point on the Eastern line of said Sewer District Tract; thence North 13 degrees 43 minutes 15 seconds West along said Eastern line a distance of 67.50 feet to the Northeastern line of said tract; thence North 63 degrees 43 minutes 0 seconds West along said Northeastern line a distance of 207.56 feet to the point of beginning and containing 17,839 square feet, more or less. A Temporary Construction Easement in City Block 4636-N of the City of St. Louis, Missouri, in Lot 12 of D. W. Graham's Subdivision and in a tract of land conveyed to the Metropolitan St. Louis Sewer District by deed recorded in Book 8053, Page 32 of the City of St. Louis Records and described as beginning at a point on the Eastern line of Hampton Avenue, 80 feet wide, said point bearing South 08 degrees 30 minutes West along said Eastern line a distance of 115,85 feet from the most northern corner of said Sewer District Tract; thence South 04 degrees 33 minutes 38 seconds East a distance of 285 feet to a point; thence South 78 degrees 07 minutes 27 seconds East a distance of 136.50 feet to a point; thence North 76 degrees 16 minutes 45 seconds East a distance of 120 feet to a point on the Eastern line of said Sewer District Tract; thence North 13 degrees 43 minutes 15 seconds West along said Eastern line a distance of 246.68 feet to a point; thence North 78 degrees 56 minutes 04 seconds West a distance of 223.40 feet to the point of beginning and containing 64,093 square feet, more or less, EXCEPTING THEREFROM that part of the above described parcel of land occupied by a brick building about 215 feet long by 75 feet wide. Also a Temporary Construction Easement in City Block 4636-N of the City of St. Louis, Missouri, and in a tract of land conveyed to the Metropolitan St. Louis Seer District by deed recorded in Book 8198, Page 57 of the City of St. Louis Records and described as beginning at a point on the East line of Hampton Avenue (80 feet wide), said point being the most Western corner of said Sewer District Tract; thence along the Southwest line of said Sewer District Tract South 63 degrees 43 minutes 30 seconds East, 207.56 feet to a corner of said Sewer District Tract; thence along the Southeast line said Sewer District Tract North 60 degrees 29 minutes 30 seconds East, 8.16 feet to a point; thence in a straight Northwesterly line to a point in the said East line of Hampton Avenue; thence along said East line of Hampton Avenue 58 degrees 30 minutes West 20 feet to the point of beginning, 6 containing 10,162 square feet, more or less. A parcel of land in City Block 4021 of the City of St. Louis, Missouri and in a tract of land conveyed to Ann S. Dattilo by deed recorded in Book 7960 page 559 of the City of St. Louis Records and being more particularly described as commencing at the most Eastern corner of a tract of land conveyed to the Metropolitan St. Louis Sewer District by deed recorded in Book 8053 page 32 of the City of St. Louis Records; thence South 13 degrees 43 minutes 15 seconds East along the Eastern line of said Sewer District tract a distance of 67.50 feet to a point; thence South 81 degrees 30 minutes East along South line of a 45,156 square foot tract conveyed to the State of Missouri by deed recorded in Book 8357 page 511 of the City of St. Louis Records a distance of 402.50 feet to the most Southern corner of said State of Missouri tract being the point of beginning; thence South 81 degrees 30 minutes East along the Easterly prolongation of said South line of State of Missouri tract to a point in the most Western line of a tract conveyed to the City of St. Louis in said City Block 4021 by deed recorded in Book 8787 page 167 of the City of St. Louis Records; thence North 12 degrees 10 minutes East along the said Western line of the City of St. Louis tract a distance of 90 feet to a point; thence Westerly to a point in the Southeast line of said State of Missouri tract; thence South 39 degrees 30 minutes West along said Southeast line of State of Missouri tract a distance of 100 feet to the point of beginning, containing 6,531 square feet, more or less. The grantor, its successors or assigns, reserve the usual right of direct access between its abutting land and any adjacent outer roadway which may be maintained by a governmental agency on the State Highway not designated as Interstate Route 44, but conveys and relinquishes all other right of direct access between said abutting property and the highway (including its right-of-way). 2. After completion of construction of the parking lot and outer roadways as hereinafter provided for, Commission will, for One Dollar ($1.00) and other good and valuable consideration, convey to District, to the extent of Commission's authority to do so, Commission's lands and interests in lands, in the City of St. Louis, Missouri, immediately adjacent to the lands just described above being particularly described as follows: A parcel of land in City Blocks 4021 and 4636-N of the City of St. 7 Louis, Missouri, and former Sulphur Avenue vacated by Ordinance No. 31187 of the City of St. Louis and in a tract of land conveyed to Ann S. Dattilo by deed recorded in Book 7960, page 559 of the City of St. Louis records and described as beginning at a point on the eastern line of a tract of land conveyed to the Metropolitan St. Louis Sewer District by deed recorded in Book 8053, page 32 of the City of St. Louis Records, said point bearing south 13 degrees, 43 minutes, 15 seconds east along the eastern line of said Sewer District tract, a distance of 67.50 feet from the northeast corner thereof; thence south 81 degrees, 30 minutes east a distance of 365 feet to a point; thence south 08 degrees, 30 minutes west a distance of 70 feet to a point; thence south 51 degrees, 49 minutes, 42 seconds west a distance of 105.92 feet to a point; thence south 76 degrees, 16 minutes, 45 seconds west a distance of 215 feet to a point on said eastern line of the Sewer District tract; thence north 13 degrees, 43 minutes, 15 seconds west along said eastern line a distance of 246.68 feet to the point of beginning and containing 55,898 square feet more or less. 3. Commission will also construct at Commission cost and expense a parking lot partially on the lands last described above to be conveyed by Commission to District, and extending westward on District's land. Said parking lot shall cover approximately 3,796 square yards. It shall be surfaced with 4 inches of rolled stone base (Type 1 Aggregate) with a layer of 4 inches of bituminous stabilized base thereon, and with 2 inches of Type "C" asphaltic concrete placed 8 upon the bituminous base as a final surface. Compaction of the earth fill for the parking lot shall be 95% of maximum density for the top 18 inches and 90% of maximum density for the remainder of the fill. A precast Type "S" curb will be used wherever curbing is placed, and Type "A" drop inlets furnished wherever drop inlets are installed for drainage. All work shall be in accordance with Missouri Standard Specifications for Highway Construction, 1968, for the type of work performed and materials furnished, and in accordance with the design plans prepared by Commission for construction of the parking lot. Should District request a change in said design plans at any time, Commission will undertake to comply with such request, but if any such change results in additional costs, District shall pay the difference in costs resulting from such change or changes, whether for construction or engineering. 4. Additionally, Commission will construct at Commission cost and expense, two outer roadways in the area, designated as Outer Roadway 11-A and Outer Roadway 11-B. (a) Outer Roadway 11-A shall run from Hampton Avenue on Commission highway right-of-way eastward north of the parking lot on the following described right-of-way: A parcel of land in City Block 4636-N and City Block 4021 in the City of St. Louis, Missouri, and being more particularly described as follows: Beginning at the most Northern corner of a tract of land conveyed to the Metropolitan St. Louis Sewer District by deed recorded in Book 8053, page 32 of the City of St. Louis Records; thence South 8 degrees 30 minutes West along the East line of Hampton Avenue (80 feet wide) a distance of 115.85 feet; thence South 78 degrees 56 minutes 04 seconds 9 East, 223.40 feet to the most Western corner of a 45,156 square-foot tract conveyed to the State of Missouri by deed recorded in Book 8357, page 511; thence along the south line of said tract to the State of Missouri South 81 degrees 30 minutes East, 402.50 feet to the most Southern corner of said tract to the State of Missouri; thence continuing South 81 degrees 30 minutes East to a point in the most Western line of a tract in City Block 4021 conveyed to the City of St. Louis by deed recorded in Book 8787, page 167; thence North 12 degrees 10 minutes East along the said West line of the City of St. Louis tract a distance of 90 feet; thence northwesterly to a point in the Southeast line of said tract conveyed to the State of Missouri, said point being distant 100 feet Northeast along said Southeast line from the most Southern corner of tract to the State of Missouri; thence Northwesterly to an angle point in the North line of said State of Missouri tract; thence North 85 degrees 01 minute 07 seconds West, 213.13 feet to the most Eastern corner of said Metropolitan Sewer District tract; thence along the Northeast line of said Metropolitan Sewer District tract North 63 degrees 43 minutes 30 seconds West, 207.56 feet to the point of beginning, containing 58,402 square feet, more or less. This outer roadway will be constructed of 9-inch reinforced concrete pavement with 6-inch Type A integral curbs, over a 4-inch base of Type 3 aggregate. Its width shall be 30 feet, measured from back of curb to back of curb. (b) Outer Roadway 11-B shall connect with Outer Roadway 11-A near the northwest corner of the parking lot aforesaid and run thence southerly, thence northeasterly around the west and southeasterly sides of the projected parking lot constructed by Commission for District. This outer roadway will be constructed of 2-inch Type C asphaltic surface with 6-inch Type S curbs on each side, over a 4-inch bituminous stabilized base laid on a 4-inch Type 1 aggregate base. The pavement will be 24 feet in width on the north-south portion, and 22 feet in width on the southwesterly to northeasterly portion, both widths 10 measured from back of curb to back of curb. (c) Following completion of construction, Outer Roadway 11-A shall remain a portion of state highway but District shall, at its cost and expense, maintain the same for its entire length within the limits of its normal right-of-way in accordance with Commission standards of maintenance, unless and until maintenance is assumed by others. If District fails, in the judgment of Commission's District Engineer to so maintain this outer roadway, Commissions District Engineer may give District notice in writing setting out wherein District is failing to perform proper maintenance and giving District a time certain within which to correct maintenance deficiencies. If, within the time specified in the notice, District fails to bring maintenance of the outer roadway up to standard, the District Engineer may cause proper maintenance to be accomplished and bill District for the actual costs therefor, and District agrees promptly to pay such bill. Any assumption of maintenance by others will be subject to the terms of a separate agreement between Commission and the agency assuming maintenance responsibility and relieving District of the same. (d) con completion of construction of Outer Roadway 11-B, District shall, at its cost and expense, and at no cost or expense to Commission thereafter, maintain the same. 5. The location of the various tracts or parcels of land involved herein, the parking lot, and outer roadways to be constructed, and other pertinent data, are shown on attached sketches marked Exhibit "A", Exhibit "B", and Exhibit "C", and made a part hereof, and the 11 design plans of Commission for construction of the aforesaid parking lot are incorporated herein by reference as if fully set out in this agreement. 6. This Agreement is entered into subject to the approval of the federal Bureau of Public Roads. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officers intending hereby to bind themselves, their legal representatives, successors, and assigns to a true and faithful observance of the same. Executed by District this 13th day of March, 1969. STATE OF MISSOURI, acting by and through the STATE HIGHWAY COMMISSION OF MISSOURI ATTEST (SEAL) By________________________________ _____________________________ Chairman Secretary APPROVED AS TO FORM: _____________________________ Counsel THE ST. LOUIS METROPOLITAN SEWER DISTRICT (SEAL) ATTEST: _____________________________ By______________________________ Corporate Secretary Executive Director (Title) CORPORATE ACKNOWLEDGMENT 12 STATE OF MISSOURI ) ) ss. COUNTY OF ST. LOUIS ) On this ____ day of ________________, 1969, before me personally appeared _________________________ to me personally known, who being by me duly sworn did say that he is the___________________________ of The Metropolitan St. Louis Sewer District, a corporation, and a political subdivision of the state of Missouri, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that the said instrument was signed and sealed in behalf of said The Metropolitan St. Louis Sewer District by authority of its Board of Trustees, and the said _______________________________ acknowledged said instrument to be the free act and deed of said corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in ____________________________, the day and year first above written. My term expires ___________________________. _________________________________ Notary Public 13 ACKNOWLEDGMENT BY COMMISSION State of Missouri ) ) SS. County of Cole ) On this ______ day of_____________________________, 19___, before me personally appeared to me known, who, being by me duly sworn, did say that he is the______________________________________ of the State Highway Commission of Missouri and the seal affixed to the foregoing instrument the official seal of said Commission and that said instrument was signed and sealed in behalf of said Commission by authority of the State Highway Commission, and said _________________________ acknowledged said instrument to be the free act and deed of said Commission. In Testimony Whereof, I have hereunto set my hand and affixed my official seal, at my office in Cole County, the day and year first above written. My commission expires________________________________. _________________________________ Notary Public 14