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HomeMy Public PortalAbout04571 O R D I N A N C NO. 4571 AN ORDINANCE, authorizing and directing the Executive Director and Secretary-Treasurer to grant to the State of Missouri, for the use of the State Highway Commission of Missouri, the right to cross certain sewer Rights of Way in St. Louis County, Missouri, as hereinafter described, with an access con- trolled highway, and to execute an instrument giving effect there- to upon the conditions hereinafter 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 Rights of Way and sewers of this District with a highway, now known as Route 61 (Lindbergh Boulevard) in St. Louis County from Big Bend Road to Eddie and Park Road, Job No. 6-X-61-16, and WHEREAS, the State Highway Commission of the State of Missouri has requested the District grant the right to so use such Rights of Way, and the District is willing so to do; 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 State of Missouri, for the use of the State Highway Commission, the right to construct, reconstruct, repair and maintain a highway across the following described Rights of Way according to plans approved by the District's Engineering Department and as hereinafter set forth, subject however, to the following terms and reservations: The Metropolitan St. Louis Sewer District reserves the right to the use of such Rights of Way for sewer and drainage purposes, including the right to construct new sewers and appurtenances therein and to use, maintain and reconstruct the new and existing sewers and appurtenances therein, but releases all rights of access between its adjacent easements and said highway except from any easement, roadway or other means of access outside such highway right-of-way. The following portions of Rights of Way which are in- volved in this grant are set forth as follows : Parcel No. 1: A parcel of land located in Fractional Section 13 and U.S. Survey 2453, Township 44 North, Range 5 East and described by a line beginning at a point in the existing West right of way line of Route 61 (Lindbergh Boulevard), said point being 50 feet perpendicular distance West of Station 715+40 on the hereinafter described centerline of Route 61; thence extending Westerly and at right angles to said existing West right of way line of Route 61 to a point being 60 feet perpendicular distance West of centerline Station 715+40; thence Southwesterly and parallel with said existing West right of Way line of Route 61 to a point opposite centerline Station 717+25; thence Easterly and at right angles to last-described line to a point in the said existing West right of way line of Route 61 opposite said centerline Station 717+25; thence Northeasterly along said existing West right of way line of Route 61 to the point of beginning. Parcel No. 2: A parcel of land located in U.S. Survey 2453, Township 44 North, Range 5 East, St. Louis County, Missouri and described by a line beginning at a point in the existing West right of way line of Route 61 (Lindbergh Boulevard), said point being 50 feet perpendicular distance West of Station 725+90 on the hereinafter described centerline of Route 61; thence Northwesterly to a point, said point being 34 feet perpendicular distance South of Station 10+70 on the hereinafter described centerline of Rott Road Relocated; thence Westerly and parallel with said centerline of Relocated Rott Road to a point opposite centerline P.C. Station 11+01.06; thence Northwesterly and parallel with said centerline to a point opposite centerline Station 11+32.05; thence continuing Northwesterly and parallel with said centerline to the point of intersection with the North property line of a tract of land now or formerly owned by PMJC ENTERPRISES, a Co-Partnership, as set out by deed recorded in Book 6877, Page 1771 of the St. Louis County Records; thence Northeasterly along said PMJC ENTERPRISES North property line to its point of intersection with the said existing West right of way line of Route 61, said point being the most Northeastern property corner of said PMJC ENTERPRISES Tract as set out in above-mentioned deed; thence Southerly along the said existing West right of way line of Route 61 to the point of beginning. The centerlines of Route 61 (Lindbergh Boulevard) and Relocated Rott Road are described as follows: Commencing at the point of intersection of the existing centerlines of Route 61 (Lindbergh Boulevard) and Big Bend Avenue; thence South 7 degrees 48 minutes 20 seconds West a distance of 245.80 feet to Station 670+93 on the existing centerline of Route 61 (Lindbergh Boulevard) being the point of beginning; thence South 7 degrees 48 minutes 20 seconds West a distance of 2463.52 feet to P.I, Station 695+56.52; thence South 7 degrees 32 minutes 40 seconds West a distance of 766.88 feet to P.I. Station 703+23.40; thence South 7 degrees 05 minutes 24 seconds West a distance of 2294.15 feet to P.C. Station 726+17.55; being a point of ending. Also, beginning at Equation Station 725+36.69 on the centerline of Route 61 (Lindbergh Boulevard) which equals Station 10+00 on the centerline of Relocated Rott Road; thence North 82 degrees 54 minutes 36 seconds West a distance of 101.06 feet to P.C. Station 11+01.06; thence North- westerly on the arc of a curve to the right having a radius of 350 feet, a distance of 238.24 feet to P.T. Station 13+39.30; thence North 43 degrees 54 minutes 36 seconds West a distance of 238.98 feet to P.C. Station 15+78.28; thence Northwesterly on the arc of a curve to the left, having a radius of 350 feet, a distance of 235.99 feet to P.T. Station 18+14.27; thence North 82 degrees 32 minutes 34 seconds West a distance of 60.73 feet to centerline Station 18+75, being the point of ending. Section Two. The State Highway Commission will, if considered reasonably necessary by District's engineers, protect the existing sewers and appurtenances at its cost, or, if necessary to reconstruct, relocate or repair because of such highway use, such work will be done at the cost of the State Highway Commission on those portions of District's facilities located previously on private right-of-way, within the following limits: Location No. 1: That portion of the District's facilities located from 50 feet to 60 feet right of centerline Station 716+82. Location No. 2: That portion of the District' s facilities located from 50 feet right of Route 61 centerline Station 725+51 to 29 feet left of Rott Road Relocation centerline Station 11+61. Section Three. The Executive Director and Secretary- Treasurer are hereby authorized and directed to execute in behalf of the District an instrument giving effect to Sections One and Two hereof. The foregoing Ordinance was adopted December 2, 1981.