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BULLET St. Louis City Ordinance 69098

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


BOARD BILL NO. [11] 249

INTRODUCED BY ALDERMAN LYDA KREWSON

An ordinance recommended by the Board of Public Service to vacate public surface rights for vehicle, equestrian and pedestrian travel in the westernmost 100 foot portion of the 15-20 foot wide east/west alley City Block 4906-A as bounded by Waterman, Lake, Portland Place(private) and Union and also known as Portland Court 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:

Part of a 15 foot wide and 20 foot wide east/west alley lying south of "The Oxford Condominium" as per plat thereof recorded in Plat Book 46, Page 9 of the City of St. Louis Records and in City Block 4906-A in the City of St. Louis, Missouri, and being more particularly described as follows:

Commencing at the northwestern corner of said City Block 4906-A and "The Oxford Condominium", said point being the intersection of the easterly line of Union Boulevard, 100 feet wide, with the southerly line of Waterman Boulevard, 80 feet wide; thence along the southerly line of said Waterman Boulevard south 83 degrees 00 minutes 00 seconds west, 251.79 feet to the northeastern corner of said "The Oxford Condominium"; thence along the easterly line of said "The Oxford Condominium" south 06 degrees 52 minutes 12 seconds west, 180.83 feet to the northerly line of said 15 foot wide alley and the true point of beginning of the tract of land herein described; thence along the southerly prolongation of the easterly line of said "The Oxford Condominium", south 06 degrees 52 minutes 12 seconds west, 15.00 feet to the southerly line of said 15 foot wide alley; thence along the southerly line of said 15 foot wide and 20 foot wide alley, north 83 degrees 00 minutes 00 seconds west, 100.00 feet to the westerly line of said 20 foot wide alley; thence along the westerly line of said alley, north 06 degrees 52 minutes 12 seconds east, 20.00 feet to the northerly line of said alley; thence along the northerly line of said alley, south 83 degrees 00 minutes 00 seconds east, 50.00 feet to an angle point; thence south 38 degrees 03 minutes 54 seconds east, 7.08 feet to the northerly line of said 15 foot wide alley; thence along the northerly line of said alley, south 83 degrees 00 minutes 00 seconds east, 45.00 feet to the true point of beginning, according to Survey Number 186407, executed by James Engineering & Surveying Company, Inc. during the month of January, 2005 and containing 1,762.5 square feet, more or less.

are, upon the conditions hereinafter set out, vacated.

SECTION TWO: Petitioners are St. Louis/Oxford Condominium Association, Inc. and Albert and Paige J. Watkins. Area vacated will be used to consolidate property.

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 so 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 owner(s) shall not place any improvement upon, over or in the area(s) vacated without: 1) lawful permit from the Building Division or Authorized City agency as governed by the Board of Public Service; 2) obtaining written consent of the utilities, governmental service entities and franchise holders, present or future. The written consent with the terms and conditions thereof shall be filed in writing with the Board of Public Service by each of the above agencies as needed and approved by such Board prior to construction.

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. Owner(s) must have curbing cobblestones returned to the Department of Streets in good condition.

SECTION NINE: This ordinance shall be ineffective unless within three hundred sixty (360) days after its approval, or such longer time as is fixed by the Board of Public Service not to exceed three (3) days prior to the affidavit submittal date as specified in the last section of this ordinance, the owner(s) of the area to be vacated must fulfill the following monetary requirements, if applicable, as specified by the City of St. Louis Agencies listed below. All monies received will be deposited by these agencies with the Comptroller of the City of St. Louis.

1) CITY WATER DIVISION to cover the full expenses of removal and/or relocation of Water facilities, if any.

2) CITY TRAFFIC AND TRANSPORTATION DIVISION to cover the full expense of removal, relocation and/or purchase of all lighting facilities, if any. All street signs must be returned.

3) CITY STREET DEPARTMENT to cover the full expenses required for the adjustments of the City's alley(s), sidewalk(s) and street(s) as effected by the vacated area(s) as specified in Sections Two and Eight of the Ordinance.

SECTION TEN: An affidavit stating that all of the conditions be submitted to the Director of Streets for review of compliance with conditions 365 days (1 year) from the date of the signing and approval of this ordinance. Once the Director of Streets has verified compliance, the affidavit will be forwarded to the Board of Public Service for acceptance. 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
01/13/12
2ND READING FLOOR AMEND FLOOR SUB PERFECTN PASSAGE
ORDINANCE VETOED VETO OVR SIGNED BY MAYOR
69098

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