HomeMy Public PortalAbout02494 O R D I N A N C E NO. 2494
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
Hazelwood, 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; 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
Hazelwood now known as Route 140, to run generally from Interstate
Route I-70 to Interstate Route I-270, 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 four-page Right of Way Agreement which is attached hereto and
marked "Annex to Proposed Ordinance No. 42-74."
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 October 17, 1973.
Route 140 (Lindbergh Boulevard) St. Louis County Job No. 6-U-140-19 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 140 (Lindbergh Boulevard), Job No. 6-U-
140-19 in St. Louis County, Missouri, and
WHEREAS, District now owns certain easements in the
general area of Route 140 in St. Louis County, Missouri, which
easements lie within the hereinafter described area: Parcel #1 - Commencing at a point in the most Western corner of property now or formerly owned by The Kroger Company as set out by deed recorded in Book 3625 at Page 582 of the St. Louis County Records, said point being also in the existing Southeast right of way line of Route 140 (Lindbergh Boulevard); thence North 33 degrees 10 minutes 10 seconds East along said Southeast right of way line 148.66 feet to the point of beginning; thence continuing North 33 degrees 10 minutes 10 seconds East along said Southeast right of way line 705.62 feet to a point; thence North 42 degrees 22 minutes 50 seconds East along said Southeast right of way line 224.90 feet to a point; thence North 59 degrees 35 minutes 25 seconds East along said Southeast right of way line 177.55 feet to a point in the most Northeastern corner of said property now or formerly owned by The Kroger Company; thence South 52 degrees 44 minutes 50 seconds East along the Northeast property line 12.97 feet to a point; thence South 59 degrees 35 minutes 25 seconds West 180.66 feet to a point; thence South 42 degrees 22 minutes 50 seconds West 221.14
feet to a point; thence South 33 degrees 10 minutes 10 seconds West 480.57 feet to a
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point; thence South 41 degrees 02 minutes 47 seconds West 25.29 feet to a point; thence South 35 degrees 36 minutes 10 seconds West 200.19 feet to the point of beginning. Parcel #2 - A parcel of land situated in U.S. Survey Nos. 5 and 6, Township 46 and 47 North, Range 6 East, St. Louis County, Missouri, and described as lying on the Northwest side of and adjoining the existing Northwest right of way line of Lindbergh Boulevard (100) feet wide), having a uniform width of 10 feet, and extending Southwesterly along said Northwest right of way line of Lindbergh Boulevard from a point in the most Southwestern property corner of Contractors Service Company, as set out by deed recorded in Book 5575, Page 23 of the St. Louis County Records, a distance of 845.46 feet.
WHEREAS, it is necessary for the proper and economical
construction of Route 140 (Lindbergh Boulevard) 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
and abutting the right of way to be acquired by Commission for
Route 140 as shown on Commission's right of way plans for the
construction of Route 140 which plans are incorporated herein by
reference. Said substitute easements being more specifically
described as follows: Parcel No. 1 - A parcel of land situated in U.S. Survey No. 6 T47 N, R6 E, St. Louis County, Missouri, and described as commencing at a point in the most Southeastern property corner of Contractors Service Company as set out by deed recorded in Book 5575, Page 23 of the St. Louis County Records, said point also being in the existing Northwest right of way line of Route 140; thence Northwesterly along the Northeast property line, a distance of 10.03 feet the
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point of beginning; thence Southwesterly and parallel with said existing Northwest right of way line of Route 140, a distance of 12.5 feet to a point; thence Northwesterly to a point in
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said Northeast property line, said point being a distance of 92.5 feet from the point of beginning as measured along said Northeast property line; thence Southeasterly along said Northeast property line to the point of beginning. Parcel No. 2 - Commencing at a point in the most Western corner of property now or formerly owned by The Kroger Company as set out by deed recorded in Book 3625 at Page 582 of the St. Louis County Records, said point being also in the existing Southeast right of way line of Route 140 (Lindbergh Boulevard); thence North 33 degrees 10 minutes 10 seconds East along said Southeast right of way line 148.66 feet to a point; thence South 55 degrees 36 minutes 50 seconds East 12.0024 feet to the point of beginning; thence North 33 degrees 10 minutes 10 seconds East 226.14 feet to a point; thence North 41 degrees 02 minutes 47 seconds East 162.98 feet to a point; thence North 43 degrees 10 minutes 10 seconds East 268.62 feet to a point; thence North 38 degrees 10 minutes 10 seconds East 149.43 feet to a point; thence North 33 degrees 10 minutes 10 seconds East 147.25 feet to a point; thence North 75 degrees 13 minutes 40 seconds East 17.91 feet to a point; thence South 33 degrees 10 minutes 10 seconds West 161.07 feet to a point; thence South 38 degrees 10 minutes 10 seconds West 150.48 feet to a point; thence South 43 degrees 10 minutes 10 seconds West 269.14 feet to a point; thence South 41 degrees 02 minutes 47 seconds West 187.70 feet to a point; thence North 35 degrees 36 minutes 10 seconds East 200.19 feet to the point of beginning. Parcel No. 3 - A parcel of land situated in U.S. Survey Nos. 5 and 6, Township 46 and 47 North, Range 6 East, St. Louis County, Missouri, and described as commencing at a point in the most Southwestern property corner of Contractors Service Company as set out by deed recorded in Book 5575, Page 23 of the St. Louis County Records, said point being also in the existing Northwest right of way line of Lindbergh Boulevard (100 feet wide); thence Northwesterly along the Southwest property line of Contractors Service Company a distance of 16.79 feet to the point of beginning; thence Southwesterly after turning an angle of 87 degrees, 32 minutes, 46 seconds to the left of said Southwest property line a distance of 122.85 feet to a point thence continuing Southwesterly after turning an angle of 2 degrees, 27 minutes, 14 seconds more to the left a distance of 550.00 feet to a point; thence continuing Southwesterly after turning an angle of 0 degrees, 34 minutes, 22.6 seconds to the right a distance of 100.00 feet to a point; thence continuing Southwesterly after turning an angle of 0 degrees, 34 minutes 22.6 seconds to the left a distance of 72.89 feet to a point; thence Northwesterly after turning an angle of 93 degrees, 43 minutes, 8.4 seconds to the right a distance of 10.02 feet to a point; thence Northeasterly after turning an angle of 86
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degrees, 16 minutes, 51.6 seconds more to the right a distance of 72.24 feet to a point; thence continuing Northeasterly
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after turning an angle of 0 degrees, 34 minutes, 22.6 seconds to the right a distance of 100.00 feet to a point; thence continuing Northeasterly after turning an angle of 0 degrees, 34 minutes, 22.6 seconds to the left a distance of 550.00 feet to a point; thence continuing Northeasterly after turning an angle of 7 degrees, 5 minutes, 13.5 seconds to the right a distance of 123.68 feet to the point of beginning.
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 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 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 140 described on Page 1 and 2 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.
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Executed by District this ______ day of ____________,
19____.
Executed by Commission this ______ day of ____________,
19 ____.
THE STATE OF MISSOURI ACTING METROPOLITAN ST. LOUIS SEWER BY AND THROUGH THE STATE DISTRICT HIGHWAY 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