65.00 Right-of-Way, Easements, Subordination Agreements and Licenses

Transcription

1 65.00 Subordination Agreements and Licenses Right-of-way, easements, subordination agreements and licenses are located as follows: Subject Name Page Number Single Lot Development Subdivision Developments , 2, 3 & 4 Subordination Agreements (Script Type 1) Subordination Agreements (Script Type 2) & 7 Temporary Slope Construction License SINGLE LOT DEVELOPMENT When construction or development of residential, commercial, industrial, cultural and institutional uses requires the dedication of right-of-way or establishment of easements and/or licenses as provided for in the Zoning Ordinance, no approval of improvement plans shall be granted until verification or guarantee of the recording of the above instruments has been received by the Department. All dedication documents involved with roadway improvements and storm drainage installations shall be reviewed and approved by the Department prior to recording. Dedications shall be prepared and executed on forms furnished by the Department or other instruments as approved by the County Counselor. Instrument forms provided for use in this book are located in Section 65.10, "Right-of- Way, Easement, Subordination Agreement and License Forms". For right-of-way dedications and establishment of easements and/or licenses as provided for in the Subdivision Ordinance, the following script (starting on Page ) shall be used as a standard on plats to be recorded. 9/1/ Subordination Agreements and Licenses

2 SUBDIVISION DEVELOPMENTS 1) We, the undersigned, owners of the tract of land herein platted and further described in the foregoing surveyors' certificate have caused the same to be surveyed and subdivided in the manner shown on this plat, which subdivision shall hereafter be known as Plat. Drive 50' wide, Court 50' wide and the wide dedication strip along the (North, East, South, West) line of Road (Street, etc.), wide, together with all cul-de-sacs and rounding's located at the street intersections, which for better identification are shown cross hatched on this plat, are hereby dedicated to St. Louis County for public use forever. 2) All easements shown on this plat, unless designated for other specific purposes, are hereby dedicated to St. Louis County, Missouri; Laclede Gas Company; AT&T Missouri; Missouri- American Water Company; Ameren Missouri; Metropolitan St. Louis Sewer District; and Charter Communications; their successors and assigns as their interests may appear for the purpose of improving, constructing, maintaining and repairing public utilities and sewer and drainage facilities, with the right of temporary use of adjacent ground not occupied by improvements for the excavation and storage of materials during installation, repair or replacement of said utilities, sewers and drainage facilities. (If a separate easement is requested by Missouri-American Water Company add their requested wording as follows: An easement is thereby granted to the Missouri-American Water Company, its successors and assigns to lay, repair, replace and forever maintain its water mains and hydrants in the easement delineated and shown on the plat hereon as "Easements to Missouri-American Water Company".) 3) Permanent Drainage Easements (PDE) are hereby dedicated to St. Louis County, Missouri, for public use forever. 4) Permanent Footing Easements (PFE) are hereby dedicated to St. Louis County, Missouri, for public use forever. 5) Permanent Roadway Improvement, Maintenance, Utility, Sewer and Sidewalk Easements (PRIMUS & SE) are hereby dedicated to St. Louis County, Missouri, for public use forever. 6) Permanent Sidewalk, Sewer and Utility Easements (PSS & UE) are hereby dedicated to St. Louis County, Missouri, for public use forever. 7) Permanent Sidewalk, Sewer and Utility Easements (PSS & UE) abutting Missouri Department of Transportation (MoDOT) right-of-way are hereby dedicated to St. Louis County, Missouri, for public use forever, and said sidewalks are to be maintained by the property owner or Trustees of the aforementioned subdivision. 8) Permanent Sight Distance Easements (PSDE) are hereby dedicated to St. Louis County, Missouri, for public use forever, to ensure and protect the clear and unobstructed view of motorists on and entering the adjacent roadway. No part of said easement shall be built on with any structure (including signs, fences or poles) or planting (including any trees, shrubs, grass, or weeds) in any manor whatsoever, nor shall the grade of the land within the easement be changed, unless expressly approved by the Director of the St. Louis County Department of Transportation. Any structure or planting approved by the Director shall be 9/1/ Subordination Agreements and Licenses

3 maintained to provide sight distance. Any structures, plants or grading which is not approved by the Director, or which is not maintained, shall be removed or corrected. 9) Permanent Traffic Signal Easements (PTSE) are hereby dedicated to St. Louis County, Missouri, for public use forever. 10) All common ground easements, such as cul-de-sac islands and divided street islands, or median strips, are hereby dedicated to the Trustees of the aforementioned subdivision for landscape maintenance. However, no above ground structure, other than required street lights or other public utilities in accordance with the approved improvement plans, may be constructed or installed within a cul-de-sac island, divided street island, or median strip, without authorization by the St. Louis County Department of Transportation through the issuance of a Special Use Permit (SUP). 11) Temporary turnaround easements are hereby dedicated to St. Louis County, Missouri for use as a temporary turnaround until such time as the public street is extended and accepted for maintenance by St. Louis County, following which said easement areas are considered to be automatically null and void. 12) The Detention Easements as shown on this plat is hereby given, granted, extended and conveyed to the Trustees of the aforementioned subdivision for exclusive right to build and maintain a sewer or sewers, including stormwater improvements, on the strip or strips of ground which have been identified on this plat, and to use such additional space adjacent to the easement so granted as may be required for working room during the construction, reconstruction, maintenance, or repair of the aforementioned sewer or sewers, including stormwater improvements, and may assign its rights in this easements to the State, County, City or other political subdivision of the State. 13) The Temporary Slope Construction Licenses (TSCL) shown hereon are for the purpose of making cuts, fills, sloping embankment, constructing drives providing work room and implementing any and all other related construction items, until such time as construction may be completed and accepted by St. Louis County, Missouri. Upon completion and acceptance of the project by St. Louis County, Missouri or its assigns, this easement shall terminate. 14) The retaining wall maintenance and access easement as shown hereon is hereby dedicated to the Trustees of the aforementioned subdivision for the purpose of constructing, maintaining and repairing a retaining wall, with the right of temporary use of adjacent ground not occupied by improvements for the excavation and storage of materials during installation, repair or replacement of said retaining wall. 15) The entrance monument easements as shown hereon are hereby dedicated to the Trustees of the aforementioned subdivision, its successors and assigns, for the purpose of erecting subdivision signs/monuments and landscape maintenance, and become the sole ownership and maintenance, responsibility of the Trustees, and its successors and assigns. 16) Building lines as shown on this plat are hereby established. This subdivision is subject to conditions and restrictions to be filed. 17) It is hereby certified that all existing easements are shown on this plat as of the time and date of recording of this plat. 9/1/ Subordination Agreements and Licenses

4 IN WITNESS THEREOF, I have hereunto set my hand this day of, 20. (SEAL) (Name) STATE OF MISSOURI ) ) SS. COUNTY OF ST. LOUIS ) On this day of, 20 before me appeared to me personally known, who, being by me duly sworn, did say that they are the of, a Corporation of the State of and that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and the said instrument was signed and sealed in behalf of said corporation, by authority of its Board of Directors; and said acknowledged said instrument to be the free act and deed of said corporation. the IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed by official seal in and State aforesaid, the day and year first above written. Notary Public My Commission expires: [ Where aerial or air space rights are requested above and across dedicated public rights-ofway and/or easements, a Special Agreement must be submitted for approval by the County Counselor and the Department. In cases where easements are recorded after the preliminary subdivision plat or single lot site plan is approved by St. Louis County, all such prior recorded easements shall necessitate a complete subordination to any and all rights in the public right-of-way or streets to be dedicated to public use. (Refer to "Standard Subordination Script (Type 1)" on page ) In cases where recorded easements appear on the preliminary subdivision plat or single lot site plan that were recorded prior to approval of said preliminary plat or site plan, a subordination agreement must be executed. (Refer to "Standard Subordination Script (Type 2)" on page ) ] 9/1/ Subordination Agreements and Licenses

5 SUBORDINATION AGREEMENTS The following script shall be used as the standard subordination agreement required when easements across the public right-of-way are recorded after the preliminary subdivision plat or single lot site plan has been approved. Standard Subordination Script (Type 1) The easements herein depicted as previously dedicated to in Deed Book, Page(s), are hereby made subject to and subordinate to all easements and rights-of-way herein granted to St. Louis County, Missouri. IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand the day and year first above written. (Corporation) Attest: Secretary By: (Title) (SEAL) STATE OF MISSOURI ) ) SS. COUNTY OF ST. LOUIS ) On this day of, 20, before me appeared to me personally known, who, being by me duly sworn, did say that they are the of, a Corporation of the State of, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation, by authority of its Board of Directors; and said acknowledged said instrument to be the free act and deed of said corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed by official seal in the and State aforesaid, the day and year first above written. My Commission expires: Notary Public 9/1/ Subordination Agreements and Licenses

6 The following script shall be used as the standard subordination agreement required when easements have been recorded prior to the approval of the preliminary subdivision plat or single lot site plan. Standard Subordination Script (Type 2) The easements herein depicted as previously dedicated to in Deed Book Page(s) are hereby made subject to and subordinate to all easements and rights-of-way herein granted to St. Louis County, Missouri. Cost of all needed relocation of Grantor's facilities or damages to lines, facilities or appurtenances due to County construction will be borne by County. Grantor reserves for itself, its successors and assigns, all rights it now has in the above described property not herein specifically conveyed, including the right to repair, maintain and expand its facilities. In the event of future improvement, reconstruction or maintenance of Grantor's lines under such road or street, Grantor will replace the existing roadway in accordance with County Standards. In the event of future improvement or reconstruction of the road or street involved, County will advise Grantor of such contemplated change and, if such contemplated change necessitates the relocation or any other modification of Grantor's facilities, County will reimburse Grantor for cost and expenses incurred by Grantor in relocating or otherwise adjusting its facilities, all of which were originally located on private rights-of-way and which are not included in said new road or street rights-of-way. IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed the day and year first above written. (Corporation) Attest: Secretary By: Title (SEAL) 9/1/ Subordination Agreements and Licenses

7 STATE OF MISSOURI ) ) SS. COUNTY OF ST. LOUIS ) On this day of, 20, before me appeared to me personally known, who, being by me duly sworn, did say that he/she is the of, a Corporation of the State of, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation, by authority of its Board of Directors, and said acknowledged said instrument to be the free act and deed of said corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed by official seal in the and State aforesaid, the day and year first above written. My Commission expires: Notary Public 9/1/ Subordination Agreements and Licenses

8 TEMPORARY SLOPE CONSTRUCTION LICENSE A temporary slope construction license for a period of time not to exceed consecutive days from and after the time of the execution of a certain construction contract for the improvement of Road, during which period of time not exceeding days Defendant's use of the land next hereinafter described will be limited for the purpose of permitting Plaintiff's contractor to enter upon and occupy said land with workmen, materials and equipment in order to shape, smooth, contour and sod the slopes of cuts and fills and construct cross access drives and/or temporary detour road in and upon the following described parcel of land. 9/1/ Subordination Agreements and Licenses