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HomeMy Public PortalAbout04764 O R D I N A N C E NO. 4764 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 I-44 in St. Louis County at Bowles Avenue, Job No. 6-I-44-66B, 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 District's Engi- neering 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 appur- tenances therein and to use, maintain and reconstruct the new and existing sewers and appurtenances therein. The following portions of Rights of Way are involved in this grant are set forth as follows: An irregular-shaped parcel of land located in part in Lots 3A and 3B, of Resubdivided Lot 3 of Executive Industrial Park, according to plat thereof recorded in Plat Book 153, Page 175; and in part in Lot 2A, of Resubdivided Lot 2 of Executive Industrial Park, according to plat thereof recorded in Plat Book 170, Page 33, all in the St. Louis County Records, and being more particularly described as follows: Beginning at a point in the Common north-south lot line of Lots 3A and 3B, as set out above, said point being 50 feet North 00 degrees 59 minutes 56 seconds East of the Southeast corner of said Lot 3A; thence North 89 degrees 00 minutes 04 seconds West 96.44 feet; thence North 64 degrees 00 minutes 04 seconds West 139.16 feet; thence North 88 degrees 50 minutes 40 seconds West 73.28 feet to a point in the existing right-of-way line of Bowles Avenue; thence North 01 degrees 09 minutes 20 seconds East along said right-of-way line a distance of 82.72 feet; thence North 88 degrees 50 minutes 40 seconds West 1.5 feet; thence North 01 degrees 09 minutes 20 seconds East 10 feet; thence South 89 degrees 21 minutes 37 seconds East 46.65 feet; thence South 57 degrees 23 minutes 35 seconds East 91.18 feet; thence Southeasterly along the arc of a curve to the left, leaving a radius of 320 feet a distance of 173.29 feet; thence South 89 degrees 00 minutes 04 seconds East 693.30 feet; thence Northeasterly along the arc of a curve to the left, having a radius of 120 feet a distance of 175.76 feet; thence South 82 degrees 54 minutes 54 seconds East 60 feet; thence Southwesterly along the arc of a curve to the right having a radius of 180 feet a distance of 263.63 feet; thence North 89 degrees 00 minutes 04 seconds West 685.90 feet to the point of beginning. Section Two. If it should become necessary to recon- struct, relocate or repair the existing sewers and appurtenances because of such highway use, such work will be done at the cost of State Highway Commission on those portions of District's facilities located previously on private right-of-way belonging to the District and located on highway right-of-way, within the following limits: That portion of its facilities lying from about 30 feet left of centerline station 22+70 on the Bowles Avenue Extension thence parallel and about 22 feet left of the centerline of the Bowles Avenue Extension to about 22 feet left of centerline station 30+20; thence to about 52 feet right of centerline station 32+58, thence to about 52 feet right of centerline station 33+00. (100% future reimbursable) 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 July 7, 1982.