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BULLET St. Louis City Ordinance 69238

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. [12] 90

INTRODUCED BY ALDERMAN LYDA KREWSON

An ordinance recommended by the Board of Public Service to conditionally vacate above surface, surface and sub-surface rights for vehicle, equestrian and pedestrian travel in irregular portion of Clayton Avenue abutting City Block 5429-D and 7036 Clayton Avenue between Skinker Avenue and Clayton Road 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 above surface, surface and sub-surface rights of vehicle, equestrian and pedestrian travel, between the rights-of-way of:

A tract of land being part of Clayton Avenue, 70 feet wide, between Clayton Road, 100 feet wide and Skinker Avenue, 100 feet wide, located in the City of St. Louis, Missouri, being more particularly described as follows:

Beginning at the northwestern corner of a tract of land as conveyed to Flow Partnership, by instrument recorded as Document No. 20070221, Daily No. 559 of the St. Louis City records, said point also being located on the southwestern right-of-way line of above said Clayton Avenue,; thence along said southwestern right-of-way line North 55 degrees 15 minutes 28 seconds West, 73.52 feet to the beginning of a curve to the left having a radius of 597.00 feet; thence along said curve with an arc length of 231.18 feet and a chord which bears North 66 degrees 21 minutes 06 seconds West, 220.73 feet to the Corporate limits line of the City of St. Louis; thence along said limit line North 45 degrees 25 minutes 42 seconds East, 4.66 feet to its intersection with the direct southeasterly prolongation of the southern right-of-way line of above said Clayton Road; thence along said prolongation line South 83 degrees 45 minutes 00 seconds East, 153.46 feet; thence departing last said prolongation line the following courses and distances: South 82 degrees 28 minutes 30 seconds East, 36.87 feet to a point of curvature to the right, having a radius of 24.00 feet; along said curve with an arc length of 30.81 feet, and a chord which bears South 45 degrees 42 minutes 11 seconds East, 28.73 feet to a point of reverse curvature to the left, having a radius of 55.50 feet; along said curve with an arc length of 44.87 feet, and a chord which bears South 32 degrees 05 minutes 40 seconds East, 43.66 feet; South 55 degrees 15 minutes 28 seconds East, 61.95 feet and South 34 degrees 44 minutes 32 seconds West, 28.50 feet to the Point of Beginning and containing 8,783 square feet or 0.202 acres more or less.

are, upon the conditions hereinafter set out, vacated.

SECTION TWO: CI, LLC will use the vacated area to consolidate property for commercial development.

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 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 affected 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
06/08/2012
2ND READING FLOOR AMEND FLOOR SUB PERFECTN PASSAGE
ORDINANCE VETOED VETO OVR SIGNED BY MAYOR
69238

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