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HomeMy Public PortalAbout04572 O R D I N A N C E NO. 4572 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 unlimited access highway. and to execute an instrument giving effect thereto 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 267 in St. Louis County at Reavis Barracks Road, Job No. 6-X-267-220, 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 2 Rights of Way according to plans approved by 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 are involved in this grant are set forth as follows : Parcel No. 1: Those portions of District's easements situated in part of Lots 55 and 76 of Carondelet Commons, South of River des Peres in U.S. Survey 3102, Township 44 North, Range 6 East, and described as be-ginning at a point in the existing Northwest right of way line of Route 267, said point being 45 feet perpendicular distance Northwest of Station 108+00 on the hereinafter described centerline of Route 267; thence Southwesterly to a point 55 feet perpendicular distance Northwest of centerline Station 108+70; thence Southwesterly and parallel with said centerline to a point opposite centerline Station 110+40; thence Northwesterly to a point 60 feet perpendicular distance Northwest of centerline Station 110+40; thence Southwesterly and parallel with said centerline to a point opposite centerline Station 113+00; thence Southeasterly to a point 45 feet perpendicular distance Northwest of centerline Station 113+00; thence Northeasterly along said existing Northwest right of way line of Route 267 to the point of beginning. Parcel No. 2: That portion of District's easement situated in part of Block 76 of Carondelet Commons South of River Des Peres and in part of Lot 7 of Delore Estate, all in 3 U. S. Survey 3102, Township 44 North, Range 6 East, in St. Louis County, Missouri and described as beginning at a point in the existing Southeast right of way line of Route 267 said point being 40 feet perpendicular distance Southeast of centerline Station 114+00; thence Southeasterly to a point 45 feet perpendicular distance Southeast of centerline Station 114+00, thence South-westerly and parallel with said centerline to a point opposite centerline Station 114+58; thence Southeasterly to a point 48 feet perpendicular distance Southeast of centerline Station 114+58., thence Southwesterly and parallel with said centerline to a point opposite centerline Station 114+70; thence Northwesterly to a point in said existing Southeast right of way line of Route 267, said point being 40 feet perpendicular distance Southeast of centerline Station 114+70; thence Northeasterly along said right of way line to the point of beginning. The centerline of Route 267 for Parcels No. 1 and No. 2 is described as follows: Commencing at a P.K. nail in the Northeast corner of U.S. Survey 2993, Township 44 North, Range 6 East in St. Louis County, Missouri; thence South 9 degrees 39 minutes 15 seconds West a distance of 307 feet to Station 114+30.42 on the centerline of Route 267 being the point of beginning; thence North 52 degrees 30 minutes East a distance of 860.42 feet to P. I. Station 105+70; being a point of ending. Beginning again at said Station 114+30.42 on the centerline of Route 267; thence South 52 degrees 30 minutes West a distance of 30.38 feet to P. I. Station 114+50.80 in the centerline of Route 267; thence South 52 degrees 06 minutes West a distance of 184.05 feet to centerline Station 116+45.16, 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 State Highway Commission on 4 those portions of District's facilities located previously on private right-of-way belonging to the District and located on located on highway right-of-way, within the following limits: Location No. 1: That portion of its facilities lying approximately 45.2 feet right of Route 267 (Lemay Ferry Road) Survey centerline Station 108+75 to approximately 45.0 feet right of Route 267 Survey centerline Station 108+86. Location No. 2: That portion of its facilities lying approximately 45 feet right of Route 267 Survey centerline Station 111+80 to approximately 60 feet right of Route 267 Survey centerline Station 112+82. Location No. 3: That portion of its facilities lying approximately 40 feet left of Route 267 Survey centerline Station 114+49 to approximately 45 feet left of Route 267 Survey centerline Station 114+49. 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. 5 The foregoing Ordinance was adopted December 2, 1981.