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HomeMy Public PortalAbout02082 O R D I N A N C E NO. 2082 AN ORDINANCE granting to the City of St. Louis an easement within the River des Peres Drainage Works for a vehicular bridge to serve the Central Facilities Site of the City of St. Louis, the adjacent facilities of The Metropolitan St. Louis Sewer District, and authorizing and directing the Executive Director to execute an instrument giving effect to said grant. WHEREAS, the City of St. Louis has asked the District for the right to construct, use, operate, patrol, inspect, maintain, reconstruct and remove a vehicular bridge along, over, through and across certain hereinafter described real property of the District known as the River des Peres Drainage Works, and the District is desirous of granting such right, subject to certain conditions and reservations stated herein; 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 City of St. Louis an easement within the River des Peres Drainage Works for a vehicular bridge to serve the Central Facilities Site of the City of St. Louis and the adjacent facilities of The Metropolitan St. Louis Sewer District, said easement being described as follows: Beginning at the intersection of the north right of way line of the River des Peres Drainage Works and the east right of way line of vacated Sulphur Avenue, 30 feet wide; thence eastwardly 60.936 feet along the north right of way of the River des Peres Drainage Works; thence South 12 degrees 39 minutes 11 seconds East 120.007 feet; thence westwardly 108.881 feet along a line 30 feet north of and parallel to the south right of way of the River des Peres Drainage Works; thence North 8 degrees 50 minutes 49 seconds East 130.586 feet along the east right of way of vacated Sulphur Avenue to the point of beginning. Section Two. The District expressly reserves the right to use the easement described in Section 1, above, for sewer drainage and roadway purposes and in connection therewith the right of ingress to and egress from said easement. Section Three. The City shall at its own sole cost construct, use, operate, patrol, inspect, maintain a vehicular bridge to serve the Central Facilities Site of the City of St. Louis and facilities of The Metropolitan St. Louis Sewer District within the easement described in Section 1, above. Section Four. The City, by acceptance of this grant, agrees to indemnify and hold the District, its Board of Trustees, agents, servants and employees harmless from any and all liability, claims, damages and lawsuits arising out of the loss, destruction of or damage to any property whatsoever, including property of the District and/or the City, and personal injury to or death of any person or persons whomsoever, including the agents, servants, employees, invitees and licensees of the District and/or the City, and any third parties, caused by or resulting from, or in any manner arising or growing out of the City's use of the easement described in Section 1, above, and 3 further including all attorneys, fees, court costs and other expenses of defending claims, actions and lawsuits brought against the District, its Board of Trustees, agents, servants and/or employees as a result of said use. Section Five. The Executive Director is hereby authorized and directed to execute in behalf of the District an instrument giving effect to Sections One, Two, Three and Four hereof. 4 The foregoing Ordinance was adopted September 10, 1970.