St. Louis City Ordinance 67776

An ordinance recommended by the Board of Public Service to vacate and abolish the public surface rights for vehicle, equestrian and pedestrian travel on a tract of land being the easternmost 260 feet of a 16 feet wide East-West alley in City Block 3946, same bounded by Papin, Pacific, Chouteau, and Vandeventer in the City of St. Louis, Missouri, as hereinafter described, in accordance with Charter authority, and in conformity with Section 14 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 the easternmost 260 feet of a 16 feet wide East-West alley in City Block 3946, of the City of St. Louis; said being more particularly described as follows:

Commencing at the intersection of the western line of Pacific Avenue 50 feet wide, with the northerly line of Chouteau Avenue 110 feet wide; thence along the western line of Pacific Avenue North 14 degrees 50 minutes 18 seconds East 120.42 feet to the intersection of the western line of Pacific Avenue and the southern line of the East-West alley and said point being the true point of beginning: thence North 74 degrees 46 minutes 17 seconds West 260.09 feet along the southern line of the alley to the southern prolongation of the eastern line of the 16 feet wide North-South alley, thence North 14 degrees 46 minutes 6 seconds East 16 feet to the northern line of the East-West alley where it intersects the eastern line of the North-South alley, thence South 74 degrees 46 minutes 17 seconds East 259.98 feet along the northern line of the East-West Alley to a point on the western line of Pacific Avenue; thence South 14 degrees 50 minutes 18 seconds West 16 feet along the western line of Pacific Avenue to the point of beginning and containing 4,160 square feet or 0.10 acres, more or less.

are, upon the conditions hereinafter set out, vacated and abolished.

SECTION TWO. Sterling Lacquer Manufacturing Company and Bellon Holding Company, d/b/a Bellon Wrecking and Salvage Company will consolidate and divide the property for commercial/retail use.

SECTION THREE. All rights of the public in the land bearing rights-of-way traversed by the foregoing conditionally vacated alley 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 vacated alley 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 any 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 (120) 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 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 Lighting Division of the Street Department estimated by said Division to be sufficient to cover the full expense of removal of all lighting facilities, if any; upon such deposits being made to the benefit of the Water Division and the Traffic and Lighting Division, they shall proceed as is reasonably expedient to accomplish all work required and all useful access and occupation shall be accorded, further, such owners shall within said time deposit an additional sum with the Comptroller of the City of St. Louis estimated by the said Board of Public Service 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 the 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 of Streets, said 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 owners.

SECTION TEN. An affidavit stating that all of the conditions of this ordinance have been or will be fulfilled and/or complied with must be submitted to the Board of Public Service for acceptance 365 days (1 year) from the day 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.

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