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HomeMy Public PortalAbout02102 O R D I N A N C E NO. 2102 REPEALED BY 7644 - 12/28/88 AN ORDINANCE repealing Ordinance No. 121, as adopted April 1, 1957, and enacting a new ordinance in lieu thereof on the same subject,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 Ordinance No. 121, as adopted April 1, 1957, is hereby repealed without, however, altering or extinguishing the legal relationships established thereunder or the procedure for enforcement thereof provided in such ordinance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, 3 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 4 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 5 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 6 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 7 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 8 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.