HomeMy Public PortalAbout02102 O R D I N A N C E NO. 2102 REPEALED BY 7644 - 12/28/88
AN ORDINANCE repealing Ordinance No. 121, as adopted
April 1, 1957, and enacting a new ordinance in lieu thereof on the
same subject, establishing 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.
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 require 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. Ordinance No. 121, as adopted April 1,
1957, is hereby repealed without, however, altering or
extinguishing the legal relationships established thereunder or the
procedure for enforcement thereof provided in such ordinance within
those building and floodway reservation lines which remain
unchanged.
Section Two. The public health and convenience and the
adequate sewerage and drainage of the District require the
establishment or re-establishment of building and floodway
reservation lines along the Maline Creek, a natural stream within
The Metropolitan St. Louis Sewer District.
Section Three. 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
flow or otherwise obstruct in any way 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 Four. 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,
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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;
(e) to build and maintain other walls, dams, flumes,
canals, artificial channels, revetments, scope 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 Five. The authorized agents of the Board shall
have the right to enter upon the land enclosed 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
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at all times.
Section Six. 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 "C"
thereof:
Beginning at a point located on the east line of Halls
Ferry Road being also the west line of property now or
formerly Vorhof-Duenke Real Estate Company which point is 145
feet northwestwardly measured along the easterly line of Halls
Ferry Road from the intersection of the eastward 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; thence westwardly along a line
crossing said Halls Ferry Road 60 feet wide and across Lot A
as shown on the plat of said Sun Valley Homesites Subdivision
to the eastern corner of Lot 1, Block 5 of said Sun Valley
Homesites Subdivision; thence northwestwardly along the
northeast lines of Lots 1 through 11 and the eastern 49.16
feet of Lot 12, Inclusive of said Block 5 which is also the
northeast boundary of said Sun Valley Homesites Subdivision,
to a point of tangency with a curve to the left with a radius
of 827.63 feet; thence along said curve to the left with a
radius of 827.63 feet to its point of intersection with the
northwest corner of Lot 19, Block 5 of said Sun Valley
Homesites Subdivision which is also a point of tangency with
the north boundary of Lots 17 through 19 of said Subdivision;
thence southwestwardly along a curve to the left having a
radius of 626.20 feet, to a point of reverse curvature; thence
southwestwardly along a curve to the right having a radius of
1,181.35 feet, to a point of tangency; thence South 52 degrees
35 minutes 15 seconds West across the southeast portion of Lot
2 of Gardner Estate Subdivision, 839.39 feet, to a point of
curvature; thence southwestwardly along a curve to the right
having a radius of 610.87 feet, 373.16 feet to a point of
tangency, said point of tangency being 180 feet south of the
south line of Lot 2 of Gardner Estate Subdivision; thence
southwestwardly along a line 180 feet south of and parallel to
the south line of said Lot 2, 345.97 feet, to a point of
curvature; thence northwestwardly along a curve to the right
having a radius of 662.96 feet, 347.12 feet to a point of
tangency; thence northwestwardly to a point of curvature;
thence northwestwardly and westwardly along a curve to the
left, having a radius of 695.00 feet to a point of tangency,
300.20 feet north of the southeast corner of property now or
formerly of Burt Wennecker, in Lot 1, Owen Chambers Estate
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Subdivision, a subdivision in St. Louis County, Missouri, and
230 feet west of the west line of Lot 2, Gardner Estate
Subdivision; thence westwardly along a line, further
identified as Boundary "C", which line is parallel with the
south line of said Burt Wennecker in said Lot 1 of Owen
Chambers Estate Subdivision, to a point of intersection in the
west line of said Lot 1; thence westwardly along a line
further identified as Boundary "D", to its point of
intersection with the west line of Lot 2, Owen Chambers Estate
Subdivision, a subdivision of St. Louis County, Missouri,
which point of intersection is 1180.68 feet southwardly,
measured along said west line, from the centerline of the St.
Louis Belt and Terminal Railroad right-of-way 100 feet wide;
thence westwardly along the westward extension of said
Boundary "D", a distance of 700 feet, more or less, to a point
of tangency with a curve to the left, the radius of which is
650 feet, more or less; thence westwardly along said curve to
the left with a radius of 650 feet more or less, to a point of
common curvature with a curve to the left with a radius of 970
feet, which curve is the eastern portion of the north boundary
of Northland Hills No. 2 Subdivision, a subdivision of St.
Louis County, Missouri, as recorded in Plat Book 77, Page 2 of
the St.Louis County Records, which point of common curvature
is also the northeast corner of said Subdivision; thence
westwardly along the north line of aforesaid Northland Hills
No. 2 Subdivision to the northwest corner of Lot 1, Block 11
of said Subdivision, which is also the northwest corner of
said Subdivision; thence westwardly along a line 125.51 feet
north of and parallel with the north line of Canfield Drive 50
feet wide to its intersection with the east boundary of
Florissant Avenue 100 feet wide; thence westwardly across said
Florissant Avenue to its intersection with an existing point
of intersection of the west line of said Florissant Avenue,
which point of intersection is 252.80 feet southwestwardly
measured along the west line of said Florissant Avenue from
its point of intersection with the south line of St. Louis
Belt and Terminal Railroad right-of-way; thence westwardly
along a line 300 feet more or less to its point of tangency
with a curve to the left, the radius of which is 790 feet and
the point of radius being further identified as Point of
Radius No. 5 is on a radial line described as being a radial
line perpendicular to the straight line which is southerly
line of Lots 7 through 14 and the easterly portion of Lot 15
all of Block 12, Northland Hills Blocks 1 to 12 Inclusive, a
subdivision of St. Louis County, Missouri, as recorded in Plat
Book 68, Page 8 of the St. Louis County Records, said radial
line being perpendicular to the said easterly portion of said
southerly line of Lot 15 distant 21.34 feet eastwardly from
the southwest corner of said Lot 15 measured along the
southern line thereof, and said point of radius being 990 feet
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southwardly from the said southern line of Lot 15; thence
along said curve to the left with a radius of 790 feet and a
curve to the right with a radius of 790 feet to its point of
tangency with a straight line, said line being the south line
of "Park" as shown on the recorded plat of aforesaid Northland
Hills Blocks 1 to 12 Inclusive Subdivision; thence westwardly
along said south line of "Park", which is also the
southernmost boundary of said Northland Hills Blocks 1 to 12
Inclusive Subdivision, to the most southwesterly corner of
said Subdivision and "Park"; thence on curve to the left with
a radius of 800 feet, which curve is tangent to said south
line of "Park", to its point of tangency with a straight line,
which line is 20 feet more or less southeasterly from and
parallel with the southeasterly boundary of Ferguson Sewage
Treatment Plant tract, the point of radius of aforesaid curve
with a radius of 800 feet being further identified as Point of
Radius No. 6; thence southwestwardly along said line being
further identified as Boundary "E", which line is 20 feet more
or less southeasterly from and parallel with the said
southeasterly boundary of said Treatment Plant tract to its
intersection with the northeast boundary of the Wabash
Railroad right-of-way; thence northwestwardly along said
northeast boundary of said right-of-way to the point of
intersection with a line parallel with and 150 feet from
aforesaid Boundary "E"; thence northeastwardly along said line
to a point of tangency with a curve to the right, the radius
of which is 950 feet and the point of radius of which is
previously identified Point of Radius No. 6; thence along said
curve to the right with a radius of 950 feet to its point of
intersection with the west boundary of aforesaid Northland
Hills Blocks 1 to 12 Inclusive Subdivision; thence northwardly
along said west boundary to the point of intersection of a
line shown on the Recorded Plat of aforesaid Northland Hills
Blocks 1 to 12 Inclusive Subdivision as the westward extension
of the south line of Block 12 of said Subdivision, which line
is also 200 feet northerly from measured at right angles to
and parallel with aforesaid south line of "Park"; thence
eastwardly along said westward extension and along said south
line of Block 12 to a point thereon 21.34 feet easterly from
the southwest corner of Lot 15 of said Block 12; thence on a
curve to the right with a radius of 990 feet from a point of
radius being previously identified as Point of Radius No. 5,
to its point of tangency with a straight line, which line
intersects the west line of aforesaid Florissant Avenue 100
feet wide at its intersection with the south line of the St.
Louis Belt and Terminal Railroad right-of-way; thence
eastwardly along said straight line 450 feet more or less to
its intersection with said west line of said Florissant Avenue
at its intersection with said south line of said Railroad
right-of-way; thence eastwardly along a line across said
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Florissant Avenue to its point of intersection with a left-
right reverse curve parallel with and 180 feet northwardly
from a left-right reverse curve which is the north boundary of
Block 11, of aforesaid Northland Hills No. 2 Subdivision said
point of intersection being on the radial line establishing
the north boundary of Lots 1 and 2 of said Block 11, and which
radial line passes through the northwest corner of said Lot 1;
thence eastwardly along said left-right reverse curve 190 feet
northwardly from and parallel with said boundary to its
intersection with a radial line at a point of common curvature
with a curve to the right with a radius of 830 feet, more or
less, said radial line being common to that portion of
aforesaid curve which is a curve to the right with a radius of
1150 feet and to aforesaid curve which is the boundary of Lots
4 through 9 inclusive of said Block 11, and which radial line
runs through the northeast corner of said Lot 9; thence
eastwardly on said curve to the right with a radius of 830
feet more or less to its point of tangency with a line which
is 180 feet northerly from and parallel with the westward
extension of previously identified Boundary "D"; thence
eastwardly along said line parallel with Boundary "D" and its
westward extension to its point of tangency with a curve to
the left with a radius of 1320 feet; thence eastwardly along
said curve to the left with a radius of 1320 feet to its point
of tangency with a line parallel with and 180 feet northerly
from previously identified Boundary "C"; thence eastwardly
along said line 180 feet northerly from and parallel with
previously identified Boundary "C", to a point 230 feet west
of the East Line of Lot 1 of Owen Chambers Estate Subdivision,
being also the West Line of Lot 2, Gardener Estate
Subdivision; thence eastwardly and southeastwardly along a
curve to the right, having a radius of 875.00 feet to a point
of tangency; thence southeastwardly to a point of curvature;
thence southeastwardly along a curve to the left having a
radius of 482.96 feet, 252.87 feet to a point of tangency on
the south line of Lot 2 of Gardner Estate Subdivision; thence
northeastwardly along aforesaid south line 245.97 feet to a
point of curvature; thence northeastwardly along a curve to
the left have a radius of 430.87 feet, 263.20 feet to a point
of tangency; thence North 52 degrees 35 minutes 15 seconds
East across the southeast portion of said Lot 2, 839.39 feet,
to a point of curvature; thence northeastwardly along a curve
to the left having a radius of 1,001.35 feet to a point of
reverse curvature; thence northeastwardly along a curve to the
right have a radius of 806.20 feet to a point; thence
eastwardly along a curve to the right with a radius of 1007
feet to its point of tangency with a line 180 feet northwardly
from and parallel with the northerly line of Lots 8 through
11, inclusive, of Block 5 of aforesaid Sun Valley Homesites
Subdivision; thence eastwardly along said line 190 feet
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northwardly from and parallel with the northerly line of said
Lots 8 through 11, inclusive, to its point of intersection
with a line 175 feet northeastwardly from and parallel with
the northeast line to Lots 6 and 7, Block 5 of said Sun Valley
Homesites Subdivision; thence southeastwardly along said line
175 feet northeastwardly from and parallel with the northeast
line of said Lots 6 and 7, to its point of intersection with a
line 175 feet eastwardly from and parallel with the easterly
line of Lots 4 and 5 of said Block 5 of said Subdivision;
thence southwardly along said line 175 feet eastwardly from
and parallel with the easterly line of said Lots 4 and 5 to
its point of intersection with the westward extension of the
north boundary of the Building and Floodway Reservation Lines
along Section "B" of the Maline Creek as delineated in
Ordinance No. 71 of The Metropolitan St. Louis Sewer District,
adopted May 21,1956, and recorded in Book 3616, Page 429 of
the St. Louis County Records; thence eastwardly along said
westward extension to its intersection with the easterly line
of Halls Ferry Road 60 feet wide; thence southeastwardly along
said easterly line Halls Ferry Road, which is also the
westerly boundary of aforesaid Building and Floodway
Reservation Lines of Section "B", and also the easterly
boundary of the Building and Floodway Reservation Lines along
Section "C" of the Maline Creek, to the point of beginning.
The foregoing Ordinance was adopted December 1, 1970.