HomeMy Public PortalAbout02083 O R D I N A N C E NO. 2083
AN ORDINANCE granting to the City of St. Louis a thirty
(30) foot wide easement along the south right-of-way line of the
River des Peres Drainage Works for an access roadway 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 an access roadway 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
along the south right-of-way line of the River des Peres Drainage
Works for an access roadway 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:
A thirty (30) foot wide strip of land along the south right-
of-way line of the River des Peres Drainage Works for an
access roadway to serve the Central Facilities Site of the
City of St. Louis and the adjacent facilities of The
Metropolitan St. Louis Sewer District; said 30 foot wide
easement to the north from along and adjoining the southerly
right of way line of the said Drainage Works, beginning at
the easterly line of Sulphur Avenue, and extending eastwardly
to the westerly line of Sublette Avenue; and also extending
eastwardly from the easterly line of Sublette Avenue to the
westerly line of Macklind Avenue; all as shown on the
attached plat.
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 an access
roadway 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
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City's use of the easement described in Section 1, above, and
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.
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The foregoing Ordinance was adopted September 10, 1970.