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HomeMy Public PortalAbout01932 O R D I N A N C E NO. 1932 AN ORDINANCE, directing the Executive Director to release to the State of Missouri, for the use of the State Highway Commission of Missouri, certain sewer Rights of Way in the City of St. Louis, Missouri, and to agree to certain adjustments and relocations to be made by said Commission of District sewer and drainage facilities situated in such Rights of Way, on the terms and conditions 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 District Rights of Way and at its expense to adjust and relocate the sewer and drainage facilities situated therein in order to construct a highway in the City of St. Louis now known as Interstate Route 44, to run generally from the West City Limits easterly to an intersection with Interstate Route 55 near 18th Street, and WHEREAS, said Commission has submitted a certain "Utility Agreement" proposed to be entered into by the District and the State of Missouri, acting by and through said Commission to accomplish such purposes, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT: 2 Section One. The Executive Director is hereby directed to execute for the District an agreement in the form of the ten-page Utilities Agreement which is attached hereto and marked "Annex to Proposed Ordinance No. 13-70". Section Two. The Executive Director is hereby directed to execute for the District the separate easement conveyance provided for the Paragraph Numbered "(1)" at page 3 of the Utility Agreement referred to in Section One. The foregoing Ordinance was adopted August 15, 1969. 3 Metropolitan St. Louis Sewer District Sanitary and Storm Sewer Adjustments Interstate Route 44, City of St. Louis City Limits to 13th and Geyer Construction Projects I-44-4(43) I-44-4(45) I-444(46) I-IG-44-4(38) I-44-4(44) UTILITY AGREEMENT 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 METROPOLITAN ST. LOUIS SEWER DISTRICT, a corporation and political subdivision of the State of Missouri, hereinafter called "District", WITNESSETH: The parties hereto made and entered into a Right-of-Way Agreement, dated January 24, 1968, whereunder District conveyed to Commission certain right-of-way along the portion of highway herein contemplated and Commission, in consideration thereof, agreed to obtain substitute easements for District for relocation of its sewer lines and appurtenances affected in the area described in said Agreement. This Utility Agreement is intended to cover only those portions of the highway not included in the aforesaid Right-of-Way Agreement and where the District's sewer lines and appurtenances are to remain on the highway right-of-way. 2 Under the provisions of Section 227.240, Revised Statutes of Missouri, Commission has authority, responsibility, control, and supervision over the location and removal of public utility facilities within the right-of-way of any state highway, insofar as the public travel and traffic is concerned, and insofar as such utility facilities may interfere with the construction or maintenance of any such highway. Pursuant to its authority under the constitution and laws of the State of Missouri, Commission has located and proposes to construct, improve and maintain a portion of state highway known and designated as Interstate Route 44, in the City of St. Louis, Missouri to run generally from the West City Limits of St. Louis easterly to an intersection with Route Interstate 55 near 18th Street, under projects known and designated as Project I-44-4(43), Project I-44-4(45), Project I-44-4(46), Project I-IG-44-4(38) and Project I-44-4(44), all in accordance with certain road plans prepared by Commission on file in the office of the City Registrar, Board of Public Service, and of the Clerk of Circuit Court of said City. District has been furnished a copy of said plans. Said roadway plans, including the estimate of costs for various items included therein, are incorporated into and made a part of this agreement the same as if fully set out herein. District is the owner of certain easements and interests in property which will be taken into the right-of-way of said portion of Interstate Route 44, upon and within which easement and 3 property interests are located certain sanitary and storm sewer lines and appurtenant facilities belonging to District which utility facilities will require adjustment and relocation to accommodate construction and maintenance of said highway. The District has the right of occupancy in the existing location of its facilities by reason of its ownership of an easement or other property rights upon which said facilities are located, the damaging or taking of which is compensable in eminent domain, and is under no requirement by law or agreement to relocate such facilities at its own expense, nor is there any provision in the laws of Missouri prohibiting the State from making payment for relocation of utility facilities in such instances. The parties hereto deem it to be in their best interests, and in the public interest, to outline their various duties, rights, and responsibilities respecting the premises. In consideration of the mutual promises and covenants herein contained to be faithfully kept and observed by the parties hereto, and each of them, their legal representatives, successors, and assigns, it is agreed as follows: (1) District releases to Commission such right, title, and interest which District may have in and to the area encompassed in the highway right-of-way as located, and as specifically described in a separate easement to be conveyed by District to Commission. (2) Commission agrees to adjust and relocate, at Commission 4 costs and expense, the District's sanitary and storm sewer lines and appurtenances to a location on the highway right-of-way in accordance with the aforesaid roadway plans and Engineer's estimate on file in the office of the Circuit Court Clerk of the City of St. Louis and furnished the District as aforesaid. The Commission will cause the actual work to be performed by its roadway contractor in connection with and as an adjunct to the roadway construction. The roadway contract will contain an estimate of the various items and unit prices involved in the adjustment and relocation of District's utility facilities requiring such adjustment for relocation. (3) The parties further agree that the utility facilities to be retained, installed, adjusted, or relocated on, over, along, or under the highway within the right-of-way limits will be located and accommodated in a manner that none of them will impair the planned highway, or its construction or maintenance, or interfere with its safe operation, and that all plans, procedures, and construction contemplated hereunder are and shall be in accordance with the provisions of Policy and Procedure Memorandum 30-4, published by the U. S. Department of Commerce (now Transportation) Bureau of Public Roads, dated October 15, 1966, and any and all amendments and revisions thereof. Said Policy and Procedure Memorandum, amendments, and revisions are incorporated herein and made a part hereof the same as if fully set out in this agreement. (4) a. Upon completion of said improvement, the storm and 5 sanitary sewer structures located on all cross streets, all parallel streets and roadways designated on the plans as outer roadways or service roads, shall become and remain the property of the District which thereafter shall maintain the same in accordance with Commission policy. b. District, upon completion of said improvement, shall retain ownership and thereafter shall maintain the same in accordance with Commission policy, the sanitary and storm sewer structures that are existing and/or relocated and are situated within the fenced area of the highway at the following locations: Location #1 - From approximately 100 feet right of centerline Station 1388+48 to approximately 122 feet left of centerline Station 1389+73 and crossing the centerline of Interstate 44 at Station 1388+88. Location #2 - From approximately 128 feet right of centerline Station 1400+70 to approximately 118 feet left of centerline Station 1403+75 and crossing the centerline of Interstate 44 at Station 1403+32.79 Location #3 - From approximately 153 feet right of centerline Station 1403+85 to approximately 82 feet left of centerline Station 1403+77 and crossing the centerline of Interstate 44 at Station 1403+93.02. Location #4 - From approximately 186 feet right of centerline Station 1410+20 to 167 feet right of centerline Station 1412+28 to 6 approximately 140 feet right of centerline Station 1414+30. Location #5 - From approximately 180 feet left of centerline Station 1417+15 to approximately 215 feet right of Station 1417+76 and crossing the centerline of Interstate 44 at Station 1417+37 and from 165 feet right of centerline Station 1417+74 to 100 feet right of centerline Station 1424+42. Location #6 - From approximately 223 feet left of centerline Station 1432+90 (Southwest Avenue) to 22 feet left of baseline Station 13+60 Ramp 6 to approximately 125 feet right of centerline Station 1436+58 and crossing centerline of Interstate 44 at Station 1435+32. Location #7 - From approximately 170 feet left of centerline Station 1446+90 to approximately 320 feet right of centerline Station 1447+80 and crossing the centerline of Interstate 44 at Station 1447+23. Location #8 - From approximately 125 feet right of centerline Station 1447+48 to approximately 130 feet right of centerline Station 1449+24 to approximately 210 feet right of centerline Station 1451+27. Location #9 - From approximately 110 feet right of centerline Station 1456+98 to 71 feet right of centerline Station 1457+10 to approximately 145 feet left of centerline Station 1459+04 and crossing the centerline of Interstate 44 at Station 1457+75. Location #10 - From approximately 127 feet left of centerline Station 1409+00 to approximately 202 feet right of centerline 7 Station 1469+91 and crossing the centerline of Interstate 44 at Station 1469+35.22. Location #11 - From approximately 84 feet left of centerline Station 1517+50 to approximately 94 feet right of centerline Station 1517+50 and crossing the centerline of Interstate 44 at Station 1517+50. Location #12 - From approximately 78 feet left of centerline Station 1520+81 to approximately 88 feet right of centerline Station 1520+75 and crossing the centerline of Interstate 44 at Station 1520+78. Location #13 - From approximately 80 feet left of centerline Station 1530+33 to approximately 105 feet right of centerline Station 1531+07 and crossing the centerline of Interstate 44 of Station 1530+65. Location #14 - From approximately 108 feet left of centerline Station 1535+86 to approximately 115 feet left of centerline Station 1538+20. Location #15 - From approximately 140 feet right of centerline Station 1535+00 to approximately 163 feet right of centerline Station 1537+06 to approximately 200 feet right of centerline Station 1537+60. Location #16 - From approximately 195 feet left of centerline Station 1548+75 to approximately 193 feet left of centerline Station 1550+55 to approximately 182 feet left of centerline Station 1554+40 to approximately 140 feet left of centerline 8 Station 1557+65. Location #17 - From approximately 144 feet right of centerline Station 1562+34 to approximately 212 feet left of centerline Station 1562+58 and crossing centerline of Interstate 44 at Station 1562+40. Location #18 - From approximately 160 feet left of centerline Station 1576+27 to approximately 143 feet right of centerline Station 1576+27 and crossing the centerline of Interstate 44 at Station 1576+27. Location #19 - From approximately 143 feet right of centerline Station 1580+60 to approximately 115 feet left of centerline Station 1582+02 to approximately 158 feet left of centerline Station 1582+02 and crossing the centerline of Interstate 44 at Station 1581+35. Location #20 - From approximately 122 feet right of centerline Station 1649+77 to approximately 112 feet left of centerline Station 1649+85 and crossing the centerline of Interstate 44 at Station 1649+81. Location #21 - From approximately 108 feet right of centerline Station 1654+90 to approximately 95 feet left of centerline Station 1655+00 and crossing the centerline of Interstate 44 at Station 1654+95. Location #22 - From approximately 202 feet right of centerline Station 1663+12 to approximately 190 feet left of centerline Station 1663+34 and crossing the centerline of Interstate 44 at 9 Station 1663+23. Location #23 - From approximately 140 feet right of centerline Station 1675+30 to approximately 128 feet left of centerline Station 1675+30 and crossing the centerline of Interstate 44 at Station 1675+30. Location #24 - From approximately 168 feet right of centerline Station 1686+13 to approximately 182 feet right of centerline Station 1686+95. c. Upon completion of said improvement, District will retain ownership and Commission will perform routine maintenance for the sanitary and storm sewer structure that are existing and/or relocated and are situated within the fenced areas of the highway at the following locations. Any replacement or relocation of these facilities at these locations shall be performed by the District in accordance with applicable provisions of Paragraph 5 herein following. Location #1 - From approximately 96 feet right of centerline Station 1371+70 to 71 feet right of centerline Station 1372+30 to 71 feet right of centerline Station 1372+90. Location #2 - From 71 feet right of centerline Station 1372+90 to 74 feet left of centerline Station 1373+25 to 74 feet left of centerline Station 1375+10 to 84 feet left of centerline Station 1375+73. Location #3 - From approximately 160 feet left of centerline Station 1407+45 to approximately 160 feet right of centerline 10 Station 1409+86 and crossing the centerline of Interstate 44 at Station 1408+70. Location #4 - From approximately 153 feet left of centerline Station 1497+60 to 71 feet left of centerline Station 1501+15 to 71 feet left of centerline Station 1504+25 to 130 feet left of centerline Station 1504+73. Location #5 - From approximately 110 feet right of centerline Station 1607+77 to approximately 96 feet right of centerline Station 1607+87 to approximately 75 feet right of centerline Station 1608+63 to approximately 83 feet right of centerline Station 1609+75 to approximately 83 feet right of centerline Station 1611+90. Location #6 - From approximately 164 feet right of centerline Station 1635+35 to approximately 71 feet right of centerline Station 1633+37 to approximately 98 feet left of centerline Station 1633+37 to approximately 160 feet left of centerline Station 1635+85 and crossing the centerline of Interstate 44 at Station 1633+37. Location #7 - From approximately 80 feet right of baseline Station 1692+00, Eastbound Interstate 44, to approximately 58 feet left of baseline Station 1692+20, Eastbound Interstate 44, to approximately 45 feet right of baseline Station 1692+50, Westbound Interstate 44 to approximately 45 feet right of baseline Station 1694+70 Westbound Interstate 44 to approximately 45.84 feet right of baseline Station 1698+10 Westbound Interstate 44. 11 d. Upon completion of said improvement the sanitary and storm sewer, located under the St. Louis-San Francisco Railway's Lindenwood Yards from near the intersection of Frisco Avenue and Scanlan Avenue Northwardly to the River Des Peres Drainage Works shall become and remain the property of the District and thereafter District will maintain same. e. Commission will maintain all other storm sewer facilities within the fenced area. Commission will maintain storm water sewers outside of the fenced area that are not located within streets or outer roadways, but located within Commission's acquired easement for drainage purposes. f. It is further understood that routine maintenance of said facilities performed by District shall be from outer roadways, cross streets, District easement, or truck trails, and not from the thruway of the highway or ramps thereof. Such routine maintenance will not require a permit, but if District performs any excavation on the highway right-of-way in connection with maintenance, repair, or replacement of its utility facilities, such work shall be performed only after obtaining, and in accordance with a permit from the Commission's District Engineer or his authorized representative. (5) It is further understood and agreed by and between the parties hereto that any future relocation of District's facilities adjusted or relocated hereunder remaining on state highway right-of-way and which prior to such adjustment or 12 relocation hereunder were located on public right-of-way, shall be in accordance with Commission's order and at the cost and expense of the District. In case of storm sewers located within the limits of the highway right-of-way, where such sewers are used to dispose of drainage from highway, the cost of adjustment or relocation of such sewers shall be in accordance with Commission's existing policy. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their proper officers. Executed by District the _____ day of ________________ 19____. Executed by Commission the _____ day of _________________ 19____. STATE HIGHWAY COMMISSION OF MISSOURI By_________________________________ Chairman ATTEST: ________________________________ Secretary APPROVED AS TO FORM: ________________________________ Counsel METROPOLITAN ST. LOUIS SEER DISTRICT By__________________________________ 13 (Title) ATTEST: _________________________________ Secretary