HomeMy Public PortalAbout02373 O R D I N A N C E NO. 2373
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
Berkeley, 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 Berkeley; 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
Berkeley now known as Route 725 (Innerbelt Expressway), to run
generally from Interstate Route I-270 to Wood Avenue, and
WHEREAS, said Commission has submitted a certain "Right
of Way 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:
Section One. The Executive Director is hereby
directed to execute for the District an agreement in the form of
the three-page Right of Way Agreement which is attached hereto and
marked "Annex to Proposed Ordinance No. 62-73."
Section Two. The Executive Director is hereby
directed to execute for the District the separate easement
conveyance provided for in Paragraph Numbered "(3)" at page 3 of
the Right of Way Agreement referred to in Section One. The foregoing Ordinance was adopted January 26, 1973.
Route 725, Innerbelt Expressway St. Louis County Job No. 6-U-725-21 RIGHT OF WAY 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 referred to as "Commission,"
and THE METROPOLITAN ST. LOUIS SEWER DISTRICT, a corporation and
political subdivision of the State of Missouri, hereinafter
referred to as "District."
WITNESSETH THAT:
WHEREAS, Commission has approved right of way plans for
the construction of Route 725, Innerbelt Expressway, Job No. 6-U-
725-21 in St. Louis County, Missouri, and
WHEREAS, District now owns certain easements in the
general area of Route 725 in St. Louis County, Missouri, which
easements lie within the hereinafter described area: Tract #1: A sewer easement, as recorded in Book 2784, Page 294 of the St. Louis County Records, situated on a tract of land in U.S. Survey 2979, T46 N, R6 E, St. Louis County, Missouri, and described as beginning at a point in the intersection of the West line of Graham Road with the South right of way line of the Norfolk and Western Railway Company: thence Westerly along said South right of way line, a distance of 558.58 feet to a
point; thence Southerly after turning an angle of 108Ε 49' 31" to the left, a distance of 262.66 feet to a
point; thence Westerly after turning an angle of 105Ε 36' 31" to the right a distance of 87.14 feet to a point; thence continuing Westerly after turning an
angle of 12Ε 40' to the left, a distance of 180 feet to
a point; thence Southerly after turning an angle of 90Ε to the left, a distance of 150 feet to a point; thence
Easterly after turning an angle of 90Ε, a distance of 785.35 feet to a point in said West line of Graham Road; thence Northerly along said West line of Graham Road, a distance of 241.47 feet to the point of beginning. Tract #2: A 30 foot wide strip of ground and being part of a 30 foot wide private road (now vacated) as shown on the plat of WICKHAM PARK, according to the plat thereof recorded in Plat Book 39, Page 5 of the St. Louis County Records, and described as: Bounded on the East by the West line of Lot 1 of said Wickham Park, on the South by the North line of Wickham Drive and on the North and West by the North and West lines of Wickham Park.
WHEREAS, it is necessary for the proper and economical
construction of Route 725, Innerbelt Expressway, that Commission
acquire from District its easement in the above-described land;
NOW, THEREFORE, in consideration of the premises and of
the mutual covenants and agreements hereinafter set forth, the
parties hereto mutually agree as follows:
1. Commission shall acquire and convey to District
substitute easements on which District shall relocate its sewer
easements. Said substitute easements shall be located adjacent to
the right of way to be acquired by Commission for Route 725 as
shown on Commission's right of way plans for the construction of
Route 725 which plans are incorporated herein by reference. Said
substitute easements being more specifically described as follows: Tract #1: A tract of land 20 feet wide, situated in U.S. Survey 2979, T46 N, R6 E, St. Louis County, Missouri, the centerline of said tract is described as beginning at a point in the South right of way line of the Norfolk and Western Railway Company, said point being 754.03 feet West of, as measured along said South railroad right of way line, the intersection of the West line of Graham Road with said South right of way
line; thence Southerly a distance of 296.73 feet to a point; said point being also 286.62 feet perpendicular distance South of said South right of way line of said Norfolk and Western Railway Company. Tract #2: A tract of land 20 feet wide, situated in U.S. Survey 2979, T46 N, R6 E, St. Louis County, Missouri, the centerline of said tract is described as beginning at a point 70 feet West of the Northwest corner of Wickham Park, shown by plat recorded in Plat Book 39, Page 5, as measured along the prolongation of the North line of said Wickham Park; thence Southeasterly to a point in the West line of Wickham Park, said point being 166.74 feet South of said Northwest corner of Wickham Park.
2. The Commission shall protect the existing sewers
within the easements which are to be vacated, and where these
sewers are to be vacated the Annex to Proposed Ordinance No. 62-73
Commission shall relocate and reconstruct the substitute sewers
within the easements to be acquired under the terms of this Right
of Way Agreement at no cost to the District and at the expense of
the Commission.
3. District shall, within thirty (30) days after the
conveyance to it of the substitute easement area described above
and the substitute sewers constructed therein, release to
Commission all of District's right, title and interest in, on, to
its easements and sewers lying within the above described right of
way of Route 725 described on Page 1 of this Right of Way
Agreement.
4. District shall have the right, privilege,
permission and authority to install, construct, erect, keep,
operate and maintain thereon sewer lines, manholes, drainage pipes
and appurtenances, in, along, over, through, across or under the
easements granted to District by the Commission and described on
Page 2 of this Right of Way Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this
easement to be executed by their duly authorized officials.
Executed by District this _________ day of
____________________, 19 ____.
Executed by Commission this _________ day of
____________________, 19 ____. THE STATE OF MISSOURI ACTING BY METROPOLITAN ST. LOUIS AND THROUGH THE STATE HIGHWAY SEWER DISTRICT COMMISSION OF MISSOURI By ___________________________ By ___________________________ Executive Director (Title) ATTEST: ATTEST: ______________________________ ______________________________ Secretary-Treasurer Secretary to Missouri State Highway Commission APPROVED AS TO FORM: By ___________________________ Assistant Counsel