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BULLET St. Louis City Ordinance 69267

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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] 174

INTRODUCED BY ALDERMAN MARLENE DAVIS

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 an irregular portion of Olive Street adjacent to City Blocks 1042-W and 1057 and adjacent to 3411 Olive 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 parcel of ground in City Block 1057 and 1042-W, in the City of St. Louis, Missouri, more particularly described as follows:

Beginning at the point of intersection of the northern line of Olive Street Road, irregular width with the southeastern corner of Lot B, of Hotel Ignacio subdivision, recorded in Plat Book 03042011 Page 0033, of the City of St. Louis Recorder's Office; thence south 14 degrees 57 minutes 15 seconds west 26.68 feet, along the eastern of said lot B produced, to a point, in said Olive Street Road; thence north 74 degrees 26 minutes 50 seconds west 92.03 feet, to a point, in said Olive Street Road; thence north 16 degrees 39 minutes 22 seconds east 8.18 feet, to a point, in said Olive Street Road; thence 52.89 feet, along a curve to the left having a radius of 52.69 feet, and a chord which bears north 13 degrees 26 minutes 36 seconds west 50.54 feet, to a point, in said Olive Street Road; thence north 29 degrees 11 minutes 08 seconds east 2.39 feet, to a point in the northern line of said Olive Street Road; thence south 60 degrees 48 minutes 52 seconds east 118.88 feet, along the northern line of said Olive street Road to the point of beginning and containing, 3774 square feet, as prepared by Pitzman's Company.

are, upon the conditions hereinafter set out, vacated.

SECTION TWO: Saint Louis University will use vacated area to improve traffic safety. The Water Division has both a 12" main and a 36" main in the area of the proposed work and as shown on the accompanying drawings. The Water Division will require an easement for the water mains allowing for uninhibited access to the water mains for maintenance and repair. No construction of any kind can occur on or over the water main and easement without the prior review and approval of the Water Commissioner.

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 one year (365 days) 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
09/28/2012
2ND READING FLOOR AMEND FLOOR SUB PERFECTN PASSAGE
ORDINANCE VETOED VETO OVR SIGNED BY MAYOR
69267

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