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BULLET St. Louis City Ordinance 64383

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. [98] 09

INTRODUCED BY ALDERMAN NANCY WEBER

An ordinance repealing Ordinance 64288, approved on March 13, 1998, and enacting in lieu thereof a new ordinance recommended by the Board of Public Service to vacate public surface rights for vehicle, equestrian and pedestrian travel in 1) a portion of Farrar Street from Broadway west 129.51 feet to a point; 2) Bremen Avenue from Broadway to Ninth Street; 3) an irregular strip along the most western portion of Broadway from Bremen south approximately 350 feet +/- 18 feet and abutting City Blocks 1931 and 1217; 4) 20 foot wide east/west alley in City Block 1931 same bounded by Broadway, Farrar, Ninth, and Bremen; and 5) 20 foot wide north/south alley in City Block 1219 same bounded by Broadway, Bremen, Ninth, and Newhouse (vacated) 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.

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

SECTION ONE: Ordinance 64288, approved on March 13, 1998 is hereby repealed and enacted in lieu thereof is a new ordinance to read as follows:

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

A tract of land being part of Farrar Street, 43 feet wide, located in the City of St. Louis, Missouri, and further described as follows:

Beginning at the point of intersection of the south line of said Farrar Street with the east line of a 20 foot wide alley in City Block 1217 of the City of St. Louis; thence along the northward projection of the east line of said 20 foot wide alley, north 21 degrees 41 minutes 20 seconds west, 43.00 feet to a point in the north line of said Farrar Street; thence along the north line of said Farrar Street, north 67 degrees 56 minutes 00 seconds east, 129.51 feet to a point in the west line of Broadway, 85 feet wide; thence along the west line of said Broadway, south 21 degrees 45 minutes 00 seconds east, 43.00 feet to a point in the south line of said Farrar Street, thence along the south line of said Farrar Street, south 67 degrees 56 minutes 00 seconds west, 129.56 feet to the point of beginning and containing 5,570 square feet (0.128 acres).

A tract of land being part of Bremen Avenue, 35 feet wide, located in the City of St. Louis, Missouri, and further described as follows:

Beginning at the point of intersection of the south line of said Bremen Avenue with the east line of Ninth Street, 60 feet wide; thence along the east line of said Ninth Street, north 22 degrees 13 minutes 02 seconds west, 35.00 feet to a point in the north line of said Bremen Avenue; thence along the north line of said Bremen Avenue, north 67 degrees 53 minutes 30 seconds east, 303.60 feet to a point in the west line of Broadway, 85 feet wide; thence along the west line of said Broadway, south 21 degrees 45 minutes 00 seconds east, 35.00 feet to a point in the south line of said Bremen Avenue; thence along the south line of said Bremen Avenue, south 67 degrees 53 minutes 30 seconds west, 303.31 feet to the point of beginning and containing 10,621 square feet (0.244 acres).

A tract of land being part of Broadway, 85 feet wide, located in the City of St. Louis, Missouri, and further described as follows:

Beginning at a point in the west line of Broadway, 80 feet wide, as widened by City Ordinance 43305, at the northeast corner of Parcel 5 of those tracts of land conveyed to Orville Middendorf, Trustee, et al., by deed recorded in Book M1058, Page 1466 of the St. Louis City Records; thence along the north line of said Middendorf tract, south 67 degrees 56 minutes 00 seconds west, 5.00 feet to a point in the west line of said Broadway, 85 feet wide; thence along the west line of said Broadway, 85 feet wide, north 21 degrees 45 minutes 00 seconds west, 368.38 feet to a point in the north line of Bremen Avenue, 35 feet wide; thence along the north line of said Bremen Avenue, north 67 degrees 53 minutes 30 seconds east, 4.78 feet to a point in the west line of said Broadway, 80 feet wide, being also the southwest corner of a tract of land conveyed to the City of St. Louis (for the widening of Broadway) by deed recorded in Book 7006, Page 291 of the St. Louis City Records, thence south 22 degrees 06 minutes 31 seconds east, 35.00 feet to a point at the intersection of the eastward projection of the south line of said Bremen Avenue with the proposed west line of said Broadway, 80 feet wide; thence along the proposed west line of said Broadway, 80 feet wide, south 21 degrees 45 minutes 00 seconds east, 333.38 feet to the point of beginning and containing 1,838 square feet (0.042 acres).

A tract of land being a 20 foot wide alley, located in City Block 1931 of the City of St. Louis, Missouri, and further described as follows:

Beginning at the intersection of the south line of said alley with the east line of Ninth Street, 60 feet wide; thence along the east line of said Ninth Street, north 21 degrees 41 minutes 20 seconds west, 20.02 feet to a point in the north line of said alley; thence along the north line of said alley, north 67 degrees 55 minutes 00 seconds east, 303.41 feet to a point in the west line of Broadway, 85 feet wide; thence along the west line of said Broadway, south 21 degrees 45 minutes 00 seconds east, 20.02 feet to a point in the south line of said alley; thence along the south line of said alley, south 67 degrees 55 minutes 00 seconds west, 303.43 feet to the point of beginning and containing 6,074 square feet (0.139 acres).

A tract of land being part of a 20 foot wide alley, located in City Block 1219 of the City of St. Louis, Missouri, and further described as follows:

Beginning at the point of intersection of the north line of Bremen Avenue, 35 feet wide, with the west line of said alley; thence along the west line of said alley, north 21 degrees 44 minutes 00 seconds west, 220.67 feet to the northeast corner of Lot 8 of Block 2 of Clark & Dillon's Addition to Bremen; thence along the eastward projection of the north line of said Lot 8, north 67 degrees 53 minutes 30 seconds east, 20.02 feet to a point in the east line of said alley; thence along the east line of said alley, south 21 degrees 44 min-utes 00 seconds east, 220.67 feet to a point in the north line of said Bremen Avenue; thence along the north line of said Bremen Avenue, south 67 degrees 53 minutes 30 seconds west, 20.02 feet to the point of beginning and containing 4,418 square feet (0.101 acres).

SECTION THREE: Vacation petitioned by LCRA and Orville Middendorf. Areas will be consolidated for commercial redevelopment to be used by Middendorf Meat and Quality Foods.

SECTION FOUR: All rights of the public in the land bearing rights-of-way traversed by the foregoing conditionally vacated streets/alleys, 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 FIVE: The owners of the land may, at their election and expense remove the surface pavement of said so vacated streets/alleys 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 SIX: 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 SEVEN: 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 EIGHT: 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 NINE: 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 TEN: 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 ELEVEN: An affidavit stating that all of the conditions of this ordinance have been/will be fulfilled and/or complied with must be submitted to the Board of Public Service for acceptance one hundred twenty (120) 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
04/21/9804/21/98STR
2ND READING FLOOR AMEND FLOOR SUB PERFECTN PASSAGE
05/15/9805/22/9805/29/98
ORDINANCE VETOED VETO OVR
64383 


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