HomeMy Public PortalAbout00071SEE ORDINANCES NO. 115, 121, 693 AND 929 REPEALED BY ORDINANCE NO. 7644, 12/28/88 O R D I N A N C E NO. 71
AN ORDINANCE to establish building or floodway
reservation lines along a stream or watercourse as hereinafter
described, and to provide for control of the use of the area
within those lines under the meaning of the Plan of The
Metropolitan St. Louis Sewer District, with an emergency clause;
WHEREAS, the Maline Creek is a natural stream within
The Metropolitan St. Louis Sewer District, and
WHEREAS, the Board of Trustees has, in its Judgment,
decided that the public health and convenience and the adequate
sewerage and drainage of the District requires the establishment
of building or floodway reservation lines along said Maline Creek;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES
OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT:
Section One. The public health and convenience and the
adequate sewerage and drainage of the District requires the
establishment of building and floodway reservation lines along the
Maline Creek, a natural stream within The Metropolitan St. Louis
Sewer District.
Section Two . Such building and floodway reservation
lines as hereinafter described are and shall be the limits of
floodway reservations and no building or part of a building or
appurtenance thereof or any structure shall be set up or erected
within the reservation so established and, except by permission of
the Board, no fill shall be made which may diminish the area of
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flow or otherwise obstruct in anyway the free flow of flood waters
in such reservation nor without such permission shall any dams,
walls, or other watertight or practically watertight structures be
constructed or placed within such reservation, and the Board shall
fix by ordinance the method and manner of granting such
permission. Section Three. The District shall have the power
to do the following enumerated things, without, however being
limited to such things, within the building and floodway
reservation lines as hereinafter described:
(a) to control, as hereinafter provided, the use of private
lands within such lines;
(b) to establish along and adjacent to any watercourse or
stream, natural or artificial, or any part thereof, running
in or through or bordering on the District, bank lines or
normal flow lines, grades, slopes, and cross sections and to
take, occupy, and appropriate the bed of any such stream or
part of a stream and any or all of the banks adjacent to such
stream, and to straighten, deepen, move, lower, or otherwise
alter such stream or part of a stream or the banks thereof;
(c) to remove any or all walls, dams, or flumes or other
obstructions to the free and healthy flow; of water at any
time of year, either under normal conditions or during times
of flood;
(d) to raise, lower, or otherwise alter any such existing
structures;
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(e) to build and maintain other walls, dams, flumes, canals,
artificial channels, revetments, slope or channel paving or
protection works, or other stream control works;
(f) to cover any such stream or cause it to flow
through a sewer or other aqueduct built in and upon the bed of
such stream or adjacent thereto, or at some other location;
(g) to divert any stream or part of a stream from its
natural or present channel into a new or different channel and to
fill in, if it deems advisable, the old channel or any part
thereof;
(h) to do and perform any and all other acts necessary,
beneficial, or expedient to carry into effect the above and
foregoing purposes and powers.
Section Four. The authorized agents of the Board shall
have the right to enter upon the land inclosed by such building
and floodway reservation lines and to clean, police, and otherwise
maintain the channel and banks of the stream or watercourse, so
that the natural and healthful flow of the stream may be
maintained at all times.
Section FiVe. The boundary of the following described
area is and shall be the building and floodway reservation lines
along a portion of the Maline Creek and designated as Section "B"
thereof: Beginning at the intersection of the east line of Lot "A' of Belle Crest: a subdivision of St. Louis County, Missouri, as recorded in Plat Book 41, Page 18 of the St. Louis County Records, with the St. Louis City Limits Line of 1876 and being 4.47 feet north of the southeast corner of said Lot
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"A", measured along said east line of Lot "A"; thence northwardly along the east line of said Lot "A" to its northeast corner being the southeasternmost corner of Lot 26 of Hathaway Hills #8, a subdivision of St. Louis County, Missouri, as recorded in Plat Book 54, Page 37 of the St. Louis County Records; thence northeastwardly on a line to the northeast corner: of Lot 28 being also the southeast corner of Lot 29 of said Hathaway Hills #8, said point being further identified as Point No. 3; thence northwardly along the east lines of Lots 29, 78, 79, and 80 of Hathaway Hills #8, being further identified as Boundary "A', to the southeast corner of Lot 81 of said subdivision; thence northwestwardly along a line to a point on the north line of said Hathaway Hills #8, 100 feet west of its northeast corner; thence northwestwardly along a line to a point on the east boundary of Belle Crest #3 Subdivision, a subdivision of St. Louis County, Missouri, as recorded in Plat Book 54, Page 48 of the St. Louis County Records, said point being 85 feet south of the northeast corner of said subdivision, said line being further identified as Boundary "B"; thence northwestwardly to a point on the line between Lots 111 and 112 of said Belle Crest #3 Subdivision, said point being 125 feet northeasterly of the street line of said lots; thence northwestwardly to the northwest corner of said Lot 112; thence westwardly along the north boundary of said Belle Crest #3 and said north boundary extended to a point of intersection identified as Point No. 12, on the west line of Bellefontaine Road, said north boundary and said north boundary extended being further identified as Boundary "C"; thence south along the west line of Bellefontaine Road a distance of 20 feet to a point; thence southwestwardly to a point on the southerly extension of the east line of property now or formerly of J. B. Meyer which is the west line of the property now or formerly of Anna Mae Foster, which point is 200 feet south of and measured at right angles to the south line of said J. B. Meyer property; thence southwestwardly along a line parallel with and 200 feet from the south line of property now or formerly of said J. B. Meyer, George E. Ewing and Ruth Foelsch, which line is also the north line of property now or formerly of L. A. Waring, and being further identified as Boundary "D", to a point of intersection with a line extending easterly from and perpendicular to the west line of Section 9, Township 46 North, Range 7 East which is also the east line of U.S. Survey 1913, at a point which is 16.41 feet south measured along said section line from the most easterly corner of St. Cyr Hills #2, a subdivision of St. Louis County, Missouri, as recorded in Plat Book 66, Page 9 of the St. Louis County Records, said described line being further identified as Boundary "E"; thence northwardly along the west line of said Section 9 to the most easterly corner of said St. Cyr Hills #2, being further identified as Point
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No. 17; thence northwestwardly along the eastern lines of Lots 114 and 113 of said subdivision to the northernmost corner of said Lot 113, being also the southeast corner of Lot 112 of said St. Cyr Hills #2; thence in a straight line northwestwardly to the northernmost corner of Lot 108 of said St. Cyr Hills #2; thence northwardly along the east boundary of said St. Cyr Hills #2 to its, northeast corner; thence northwardly along a line parallel with the east line of U..S. Survey 111, said line being further identified as Boundary 'F" to a point of curvature of a curve the radius of which is 300 feet and said point of curvature being 500 feet south of and measured at right angles to the south line of St. Louis Belt & Terminal Railroad 100-foot-right-of-way; thence along a curve to the left with a radius of 300 feet to a point of tangency with a line 200 feet south of and parallel with said railroad right-of-way; thence westwardly in a line 200 feet from and parallel with the south line of the said St. Louis Belt & Terminal Railroad Company's right-of-way, being further described as Boundary "G", to a point on the southwardly extension of the west line of Bissell Hills #8 First Addition, a subdivision of St. Louis County, Missouri, as recorded in Plat Book 60, Page 39 of the St. Louis County Records; thence southwestwardly along a line to a point on the east line of Lot 2 and the west line of Lot 3 of Twill Court #2, a subdivision of St. Louis County, Missouri, as recorded in Plat Book 52, Page 22, of the St. Louis County Records, said point being 266 feet north of the center line of Sunbeam Lane, 50 feet wide, and being further identified as Point No. 24; thence westwardly along a line to a point, being further identified as Point No. 25, on the west boundary line of property now or formerly of Bernice I. Schlueter and being the east line of U. S. Highway 67, 200 feet wide, said point being 300 feet northerly from the center line of said Sunbeam Lane; thence westwardly along a line to a point of curvature and a point of intersection with the east line of Lot 46 of Northfield Gardens #2, a subdivision of St. Louis County, Missouri, as recorded in Plat Book 71, Pages 24-25 of St. Louis County Records, and being also the west line of property now or formerly of Frederick C. Moore, said point, which is further identified as Point No. 26, being south 40 feet from the northeast corner of said Lot 46 measured along said lot line which above described line is further identified as Boundary "H"; thence on curve to the left with a radius of approximately 700 feet to a point of tangency which is also the intersection with the northwest corner of Lot 55, which point is further identified as Point No. 28; thence southwestwardly to the point of curvature which is further identified as Point No. 29, which is also the point of intersection with the westward extension of the south line common to Lots 62 and 63 of said Northfield Gardens #2 a
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distance of 365 feet from the southwest corner of said Lot 62, said line being further identified as Boundary "I"; thence on a curve to the right with a radius of approximately 750 feet to a point of tangency, said point being further identified as Point No. 30, with a tangent which is a line intersecting the easterly line of Halls Ferry Road, 60 feet wide, at an angle of 57o24', at a point further identified as Point No. 31, located 175 feet northwestwardly measured along the easterly line of said Halls Ferry Road from the intersection of the east. ward extension of the south line of Sun Valley Homesites, a subdivision of St. Louis County, Missouri, as recorded in Plat Book 66, Page 8 of the St. Louis County Records, and being the westerly line of property now or formerly owned by Vorhof-Duenke Real Estate Co.; thence westwardly along said tangent line a distance of 620 feet, more or less, to previously identified Point No. 31, said tangent line being further identified as Boundary "J''; thence northwestwardly along the easterly line of said Halls Ferry Road to the point of intersection with a line parallel with and 200 feet from aforesaid boundary "J"; thence eastwardly along said line to a point of intersection with the common radial line passing through previously identified Point No. 30; thence on a curve to the left to the point of intersection with a common radial line through the previously described Point No. 29; thence northeastwardly along a line parallel with and 200 feet from the line previously identified as Boundary "I" to a point of curvature :which is also the point of intersection with the common radial line passing through previously identified Point No. 28; thence on a curve to the right to a point of tangency which is a point of intersection with a common radial line passing through previously identified Point No. 26; thence southeastwardly to a point on the east line of U.S. Highway 67, 200 feet wide, being also the west line of property now or formerly of the North Side Christian Church, said point being 235 feet northerly measured along the east line of said Highway 67 from previously identified Point No. 25; thence southeastwardly a distance of 300 feet to a point of curvature, which is a point on a line which intersects the northerly extension of a line common to Lots 2 and 3 of aforesaid Twill Court #2 Subdivision, extended northwardly at a point 200 feet north of previously described Point No. 24; thence on a left-right reverse curve with a radius of approximately 400 feet to a point on the south line of the aforesaid St. Louis Belt and Terminal Railroad right-of-way at the point of intersection of the west line of aforesaid Bissell Hills #8 First Addition Subdivision extended southwardly; thence eastwardly along the south line of said Railroad right-of-way which is also the north line of property now or formerly of Chevron Sportswear Co., to a point, said point being 200 feet west of the west line of U.
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S. Survey 1957, and said point also being a northeasterly corner of the Maline Creek Trunk Subdistrict of The Metropolitan St. Louis Sewer District as established by Ordinance No. 26 of The Metropolitan St. Louis Sewer District; thence southwardly along the eastern boundary of said Maline Creek Trunk Subdistrict being 200 feet west of and parallel with the west line of U. S. Survey 1957 and Section 9 Township 46 North, Range 7 East and its extension to a point, which point is 60 feet south of the boundary between U. S. Survey 111 and U. S. Survey 1913; thence southeastwardly along a line to a point on the west line of Section 9, said point being north of and measured along said west line of Section 9, 298.59 feet from the most easterly corner of aforesaid St. Cyr Hills #2 being previously described as Point No. 17; thence southeastwardly along a line to its intersection with a line at a point 200 feet east of and perpendicular to the said westerly line of Section 9 at a point further identified as Point No. 45, which point is 183.59 feet north of previously described Point No. 17, said point of intersection being further identified as Point No. 46; thence eastwardly along the easterly extension of a line passing through points No. 45 and 46 to its point of intersection with the southerly line of property now or formerly of Ruth Foelsch and the northerly line of property now or formerly of L.A. Waring which described line is also parallel with and 200 feet from previously described Boundary "E"; thence eastwardly along the south property line of said property now or formerly of Ruth Foelsch, George E. Ewing and J.B. Meyer and being the northerly line of property now or formerly of L.A. Waring to the southeast corner of said J. B. Meyer property, said line being 200 feet from and parallel with previously identified Boundary "D"; thence northeastwardly on a line to a point on the westerly line of Bellefontaine Road and the easterly line of property now or formerly of Rollo L. Townsley, said point being the intersection of the westerly extension of a line 200 feet north of and measured at right angles to previously described Boundary "C"; thence eastwardly along a line 200 feet from and parallel with previously described Boundary :C" to a point of intersection with the east line of Bellefontaine Road being also the westerly line of property now or formerly of Chevron Sportswear Co.; thence northwardly along the east line of said Bellefontaine Road 60 feet to a point; thence eastwardly along a line parallel with and 260 feet from previously described Boundary "C" to the point of intersection with a line which is parallel with and 200 feet from previously described Boundary "B"; thence south-eastwardly along the previously described line 200 feet from and parallel with Boundary "B" to a point of intersection with a line 200 feet from and parallel with previously described Boundary "A"; thence southwardly along a line
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parallel with and 200 feet from previously identified Boundary "A" to a point 200 feet easterly measured at right angles to Boundary "A" at previously described Point No. 3, said point also being on an easterly extension of lot line common to Lots 28 and 29 of said Hathaway Hills #8; thence southwestwardly along a line to a point on the St. Louis City Limits Line of 1876, said point being northeast along said line 60 feet from City Limits Stone No. 137; thence southwestwardly along said city limits line to the point of beginning.
Section Six. The protection of the public health and
convenience making necessary the immediate establishment of such
lines creates an emergency within the meaning of the Plan of The
Metropolitan St. Louis Sewer District and this Ordinance shall
take effect immediately upon its adoption.
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The foregoing Ordinance was adopted May 21, 1956