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BULLET St. Louis City Ordinance 63823

St. Louis City Ordinances have been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. There may be maps or illustrations (graphics) that are not available in this format. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Ordinances may be obtained from the Register's Office at the St. Louis City Hall.



FLOOR SUBSTITUTE
BOARD BILL NO. [96] 99

INTRODUCED BY ALDERMAN DANIEL M. GRUEN

An ordinance recommended by the Board of Public Service to vacate public surface rights for vehicle, equestrian and pedestrian travel in Tesson Street from Van Buren Street westwardly to Missouri Pacific Railroad right-of-way in the City of St. Louis, Missouri, as hereinafter described, in accordance with Charter authority, and in conformity with Section l4 of Article XXI of the Charter and imposing certain conditions on such vacation.

BE IT ORDAINED BY THE CITY OF ST. LOUIS AS FOLLOWS:

SECTION ONE: The public surface rights of vehicle, equestrian and pedestrian travel, between the rights-of-way of:

A tract of land being a part of Tesson Street, 50 feet wide, bounded on the north by Block 3152, on the west by the Union Pacific Railroad right-of-way (formerly the Missouri Pacific Railroad), on the south by Block 3155 and on the east by the west line of Van Buren Street, of the City of St. Louis, Missouri; said being more particularly described as follows:

Beginning at a point on the south line of said Tesson Street, said point being the northwest corner of a tract of land conveyed to Apex Metal Finishing Company, Inc. by deed recorded in Book M712, page 1548 of the City of St. Louis Records, said point also being the northeast corner of a tract of land conveyed to the Missouri Pacific Railroad by deed recorded in Book 7389, page 256 of the City of St. Louis Records; thence departing said point, north 00 degrees 06 minutes 23 seconds east, 65.26 feet to the intersection of the north line of Tesson Street with the east line of the Union Pacific Railroad right-of-way, 50 feet wide, said point also being the southwest corner of a tract of land conveyed to Apex Metal Finishing Company, Inc. by deed recorded in Book M712, page 1548 of the City of St. Louis Records; thence south 49 degrees 54 minutes 10 seconds east, 155.04 feet along said north line of Tesson Street to the west line of Van Buren Street, said point being the southeast corner of Block 3152; thence south 41 degrees 37 minutes 55 seconds west, 50.02 feet to the south line of Tesson Street, said point being the northeast corner of Block 3155; thence north 49 degrees 54 minutes 10 seconds west, 111.76 feet along said south line of Tesson Street to the point of beginning and containing 6,670 square feet (0.1531 acres). are, upon the conditions hereinafter set out, vacated.

SECTION TWO: Apex Metal Finishing Company will use area for parking.

SECTION THREE: All rights of the public in the land bearing rights-of-way traversed by the foregoing conditionally vacated street, are reserved to the City of St. Louis for the public including present and future uses of utilities, governmental service entities and franchise holders, except such rights as are specifically abandoned or released herein.

SECTION FOUR: The owners of the land may, at their election and expense remove the surface pavement of said so vacated street provided however, all utilities within the rights-of-way shall not be disturbed or impaired and such work shall be accomplished upon proper City permits.

SECTION FIVE: The City, utilities, governmental service entities and franchise holders shall have the right and access to go upon the land and occupation hereof within the rights-of-way for purposes associated with the maintenance, construction or planning of existing or future facilities, being careful not to disrupt or disturb the owners interests more than is reasonably required.

SECTION SIX: The owners shall not place any improvement upon, over or in the land traversed by the rights-of-way without a lawful permit from the City and written consent of the utilities, governmental service entities and franchise holders, present or future; and such consent together with the terms and conditions thereof shall be filed in writing with the Board of Public Service and approved by such Board prior to the undertaking of any such construction concerning the rights-of-way.

SECTION SEVEN: The owners may secure the removal of all or any part of the facilities of a utility, governmental service entity or franchise holder by agreement in writing with such utilities, governmental entity or franchise holder, filed with the Board of Public Service prior to the undertaking of such removal.

SECTION EIGHT: In the event that granite curbing or cobblestones are removed within the vacated area, the Department of Streets of the City of St. Louis must be notified and it in turn will remove said curbing or cobblestones at the current removal price.

SECTION NINE: This ordinance shall be ineffective unless within sixty (60) days after its approval, or such longer time as is fixed by the Board of Public Service not to exceed one hundred twenty (l20) days from approval or override, the owners of the land subservient to the rights-of-way concerned shall deposit a sum with the Comptroller of the City of St. Louis for the use and benefit of the City Water Division estimated by said Division to be sufficient to cover the full expense of removal and relocation of Water facilities, if any; further, such owner or owners shall within said time deposit an additional sum of money with the Comptroller of the City of St. Louis for the use and benefit of the City Traffic and Transportation Division estimated by said Division to be sufficient to cover the full expense of removal of all lighting facilities, if any; upon such deposit being made to the benefit of the Water Division and the Traffic and Transportation Division, they shall proceed as is reasonably expedient to accomplish all work required and all useful access and occupation shall be accorded, further, such owner or owners shall within said time, deposit an additional sum with the Comptroller of the City of St. Louis estimated by the said Board as sufficient to defray the expenses required for the adjustment of the City's streets including curbs, sidewalks, driveways, roadway drainage connections and inlets, grading, paving sidewalks and roadways and road signage; provided further that said owners shall, under direction of the Director of Streets of the City of St. Louis, accomplish the aforesaid adjustments, at their own expense, but in the event said owners fail to accomplish such within allowable time, according to the direction of the Director, the Director shall cause the same to be performed and upon his certification of expenses, the Comptroller shall appropriate said deposit, or so much thereof as required to defray such expenses to the City or others; no claims or demands whatever arising out of such vacation or adjustment shall be made or prosecuted by owners, their heirs, successors or assigns; and the Comptroller after determining the total cost of the foregoing to the City shall return any unexpended part of said deposits to the owner or owners.

SECTION TEN: An affidavit stating that all of the conditions of this ordinance have been complied with must be submitted to the Board of Public Service for acceptance one year (365 days) from the date of the signing and approval of this ordinance. If this affidavit is not submitted within the prescribed time the ordinance will be null and void.



Legislative History
1ST READING REF TO COMM COMMITTEE COMM SUB COMM AMEND VOTE
05/31/9605/31/96str
2ND READING FLOOR AMEND FLOOR SUB VOTE PERFECTN PASSAGE
06/21/9606/28/9607/03/96
ORDINANCE VETOED VETO OVREFFECTIVE
63823 


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