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HomeMy Public PortalAbout06792 O R D I N A N C E NO. 6792 REPEALED BY NO. 7644 - 12/28/88 AN ORDINANCE, repealing Ordinance No. 2392, as adopted March 5, 1973, and enacting a new ordinance in lieu thereof on the same subject, establishing building lines or floodway reservation lines along and adjacent to the Black Jack Branch of Maline Creek and its tributaries controlling the use of private lands within such lines, providing for the policing of the lands within such lines, and providing penalties for violations. WHEREAS, a substantial area within the District depends for drainage on the natural watercourses or streams known as Black Jack Branch of Maline Creek and its tributaries, which run in or through the District, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT: Section One. Ordinance No. 2392, as adopted March 5, 1973, is hereby repealed without, however, altering or extinguishing the legal relationships established thereunder or the procedure for enforcement thereof provided in such ordinance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. In the Board's judgment, building lines or floodway reservation lines along and adjacent to Black Jack Branch of Maline Creek and its tributaries are required for the public health and convenience, for the adequate drainage of the District, and for the protection of property from the encroachment of flood waters. Section Three. Building lines or floodway reservation lines as described below are hereby established along the centerlines, and adjacent thereto on each side at varying distances, of the Black Jack Branch of Maline Creek and its tributaries, the Dellwood Fork and the West Fork: 3 Black Jack Branch of Maline Creek - A strip of land of varying width the centerline thereof being more particularly described as follows: Commencing at the intersection of the northeastward prolongation of the centerline of Sun Valley Drive, 60 feet wide, and the former centerline of Halls Ferry Road 60 feet wide: thence North 24 degrees 34 minutes West 127 15 feet along the former centerline of said Halls Ferry Road to a point; thence South 81 degrees 58 minutes East 990.90 feet to a point; thence North 60 degrees 21-1/2 minutes East 776.57 feet to the point of beginning of the centerline of a 130 foot wide strip of land, said point of beginning also being a point of curve; thence westwardly and northwestwardly 563.19 feet along a curve to the right having a radius of 400.00 feet to a point of tangency; thence North 38 degrees 58-1/4 minutes West 1482.70 feet to a point of curve; thence northwestwardly and northwardly 688.20 feet along a curve to the right having a radius of 1500.00 feet to a point of tangency; thence North 12 degrees 41 minutes West 535.11 feet to a point of curve; thence northwardly and northeastwardly 329.08 feet along a curve to the right having a radius of 400.00 feet to a point of reverse curve; thence northeastwardly and northwardly 308.52 feet along a curve to the left having a radius of 400.00 feet to a point of tangency; thence North 09 degrees 44-1/4 minutes West 309.97 feet along a line parallel with and distant 65.00 feet West of the western line of HATHWAY MEADOWS No. 4, as per plat recorded in Plat Book 63, Page 21 St. Louis County Recorder's Office, to a point of curve, said point of curve distant South 09 degrees 44-1/4 minutes East 24.66 feet from its intersection with the southern line of Chambers Road, 60 feet wide; thence northwestwardly 174.18 feet along a curve to the left having a radius of 600.00 feet to a point of tangency; thence North 28 degrees 22-1/4 minutes West 881.90 feet to a point of curve, said point of curve known as Station 52+52.85 which is the point of beginning of Dellwood Fork of the Black Jack Branch of Maline Creek Floodway Reservation; thence continuing northwestwardly 62.83 feet along a curve to the right having a radius of 400.00 feet to a point of tangency; thence North 17 degrees 22-1/4 minutes West 343.45 feet to a point of curve; thence northwardly 89.94 feet along a curve to the right having a radius of 400.00 feet to a point of tangency; thence North 04 degrees 29-1/4 minutes West 250.93 feet to a point; thence continuing North 04 degrees 29-1/4 minutes West 230.26 feet along the centerline of a symmetrical transition from a 130 foot width to a width of 120 feet to a point of curve; thence northwardly 112.57 feet along a curve to the left having a radius of 400.00 feet to a point of tangency; thence North 20 degrees 36-3/4 minutes West 774.38 feet to a point of curve; thence northwestwardly 248 64 feet along a curve to the right having a radius of 1000.00 feet to a point of tangency; thence North 06 degrees 22 minutes West 211.85 feet to a point of curve; thence northwardly 51.60 feet along a 4 curve to the right, having a radius of 400.00 feet to a point of tangency; thence North 01 degree 01-1/2 minutes East 357.21 feet to a point in the southern line of Hudson Drive, 50 feet wide, distant North 76 degrees 58 minutes East 426.49 feet from its intersection with the eastern line of Halls Ferry Road, 80 feet wide; thence continuing North 01 degree 01-1/2 minutes East 25.92 feet to a point of curve: thence northwardly and northwestwardly 232.94 feet along a curve to the left having a radius of 400.00 feet to a point of tangency; thence North 32 degrees 20-1/2 minutes West 132.55 feet along the centerline of a symmetrical transition from a 120 foot width to a width of 110 feet, to a point of curve; thence northwestwardly and northwardly 197.92 feet along a curve to the right having a radius of 400.00 feet to a point of tangency; thence North 03 degrees 59-1/2 minutes West 522.12 feet to a point of curve; thence northwardly 89.88 feet along a curve to the left having a radius of 400.00 feet to a point of tangency; thence North 18 degrees 52 minutes West 356.99 feet to a point of curve; thence northwardly 76.24 feet along a curve to the right having a radius of 400.00 feet to a point of tangency; thence North 05 degrees 56- 3/4 minutes West 205.32 feet to a point of curve; thence northwardly 108.48 feet along a curve to the left having a radius of 400.00 feet to a point of tangency; thence North 21 degrees 29 minutes West 97.77 feet to a point of curve, said point of curve known as Station 100+32.64, which is the point of beginning of West Fork of the Black Jack Branch of Maline Creek Floodway Reservation; thence northwestwardly 331.10 feet along a curve to the right having a radius of 1368.09 feet to a point of reverse curve; thence northwardly 52.36 feet along a curve to the left having a radius of 1000.00 feet to a point of tangency; thence North 10 degrees 37 minutes West 240.35 feet along the centerline of a symmetrical transition from a 110 foot width to a width of 90 feet and to a point of curve; thence northwestwardly 103.27 feet along a curve to the left having a radius of 400.00 feet to a point of tangency; thence North 25 degrees 24-1/2 minutes West 190.14 feet to a point of curve; then northwestwardly 102.97 feet along a curve to the right having a radius of 400.00 feet to a point of tangency; thence North 10 degrees 39-1/2 minutes west 289.10 feet to a point of curve; thence northwestwardly 28.22 feet along a curve to the right having a radius of 400.00 feet to a point of tangency; thence North 08 degrees 37 minutes West 201.05 feet to a point of curve; thence northwardly and northwestwardly 165.49 feet along a curve to the right having a radius of 100.00 feet to a point of tangency; thence North 17 degrees 05-1/4 minutes East 120.56 feet to a point of curve; thence northwardly 112.20 feet along a curve to the left having a radius of 400.00 feet to a point of tangency; thence North 01 degree 01 minute West 190.09 feet; thence North 18 degrees 36 minutes West 184.65 feet; thence North 01 degree 11 minutes East 118.90 feet along the centerline of a symmetrical transition from a 90 foot width to a width of 110 feet and to a point in the northern line of Interstate 270 distant North 88 degrees 49 minutes West 5 155.00 feet from its intersection with the western line of Landseer Drive, 60 feet wide; thence continuing North 01 degree 11 minutes East 891.70 feet to a point of curve; thence northwardly 215.51 feet along a curve to the right having a radius of 882.00 feet to a point of tangency; thence North 15 degrees 11 minutes East 179.11 feet to a point of curve; thence northeastwardly, northwardly, and northwestwardly 198.97 feet along a curve to the left having a radius of 200.00 feet to a point of tangency; thence North 41 degrees 49 minutes West 31.06 feet along the centerline of a symmetrical transition from a 110 foot width to a width of 105 feet and to a point of curve; thence northwestwardly 297.75 feet along a curve to the right having a radius of 570.00 feet to a point of tangency; thence North 11 degrees 53-1/4 minutes West 498.36 feet to a point of curve; thence northwardly 245.59 feet along a curve to the right having a radius of 1080.00 feet to a point of tangency; thence North 01 degree 08-1/2 minutes East 140.44 feet to the point of termination of the herein described strip of land, said point of termination being in the southern line of Redman Avenue, 50 feet wide. Dellwood Fork - A strip of land of varying width the centerline thereof being more particularly described as follows: The centerline of a 130 foot wide strip of land described as beginning at a point in the centerline of Black Jack Branch of Maline Creek Floodway Reservation, known as Station 52+52.85 (a point of curve); thence northwestwardly and westwardly 450.97 feet along a curve to the left having a radius of 412.65 feet to a point of tangency; thence North 88 degrees 59-1/4 minutes West 101.80 feet to a point of curve; thence westwardly 54.54 feet along a curve to the left having a radius of 1000.00 feet to a point of tangency; thence South 87 degrees 53-1/4 minutes West 538.77 feet along the centerline of a symmetrical transition from a 100 foot width to a width of 120 feet and to a point of curve; thence westwardly 89.85 feet along a curve to the left having a radius of 500.00 feet to a point of tangency; thence South 77 degrees 35-1/2 minutes West 764.07 feet along the centerline of a symmetrical transition from a 120 foot width to a width of 100 feet; thence continuing South 77 degrees 35-1/2 minutes West 416.19 feet to a point of curve; thence westwardly 265.04 feet along a curve to the right having a radius of 500.00 feet to a point of tangency; thence North 72 degrees 02-1/4 minutes West 92.83 feet to a point of curve; thence westwardly 150.32 feet along a curve to the left having a radius of 500.00 feet to a point of tangency; thence North 89 degrees 15-3/4 minutes West 197.08 feet to a point of curve; thence westwardly 191.99 feet along a curve to the left having a radius of 500.00 feet to a point of reverse curve; thence westwardly 268.20 feet along a curve to the right having a radius of 698.48 feet to a point of tangency; thence North 89 degrees 15- 3/4 minutes West 161.00 feet to a point of curve; thence westwardly 6 and northwestwardly 625.26 feet along a curve to the right having a radius of 1000.00 feet to a point of reverse curve; thence northwestwardly 324.34 feet along a curve to the left having a radius of 1365.20 feet to a point of tangency; thence North 67 degrees 03 minutes West 393.13 feet to a point of curve; thence northwestwardly 282.27 feet along a curve to the right having a radius of 500.00 feet to a point of tangency; thence North 34 degrees 42-1/4 minutes West 225.71 feet to a point of curve; thence northwestwardly 165.59 feet along a curve to the right having a radius of 300 00 feet to a point of tangency; thence North 15 degrees 43-3/4 minutes West 162.11 feet to a point of curve; thence northwestwardly and northwardlyly 151.04 feet along a curve to the right having a radius of 500.00 feet to a point of tangency; thence North 01 degree 34-3/4 minutes East 215.79 feet to a point of curve; thence northwardly, northwestwardly and westwardly 324.94 feet along a curve to the left having a radius of 205.00 feet to a point of tangency; thence North 89 degrees 11-1/4 minutes West 387.17 feet along a line parallel with and distant 135.00 feet south of the southern line of Champlin Drive, 50 feet wide, to a point; thence continuing North 89 degrees 14-1/4 minutes West 547.48 feet along the centerline of a symmetrical transition from a 100 foot width to a width of 90.00 feet and to a point of curve; thence westwardly 178.49 feet along a curve to the right having a radius of 400.00 feet to a point of tangency; thence North 63 degrees 40-1/4 minutes west 186.90 feet to a point of curve; thence northwestwardly 174.65 feet along a curve to the right having a radius of 400.00 feet to a point of tangency; thence North 38 degrees 39-1/4 minutes West 476.87 feet to a point of curve; thence northwestwardly 139.03 feet along a curve to the left having a radius of 400.00 feet to a point of tangency; thence North 58 degrees 39-1/4 minutes West 74.71 feet to a point in the eastern line of West Florissant Avenue, 80 feet wide, distant North 01 degree 20-3/4 minutes East 241.65 feet from its intersection with the northern line of Yarwood Court, 50 feet wide; thence continuing North 58 degrees 39-1/4 minutes West 582.13 feet to a point of curve; thence northwestwardly 201.42 feet along a curve to the right having a radius of 450.00 feet to a point of reverse curve; thence northwestwardly 167.69 feet along a curve to the left having a radius of 426.30 feet to a point of tangency; thence North 55 degrees 32-3/4 minutes West 477.31 feet to a point of curve; thence northwestwardly 32.23 feet along a curve to the left having a radius of 1000.00 feet to a point of tangency; thence North 57 degrees 27 minutes West 531.14 feet to a point of curve; thence northwestwardly 169.94 feet along a curve to the right having a radius of 400.00 feet to a point of tangency; thence North 33 degrees 06-1/2 minutes West 653.73 feet to the point of termination of the herein described strip of land. West Fork - A strip of land of varying width the centerline thereof being more particularly described as follows: 7 The centerline of a 100 foot wide strip of land described as beginning at a point in the centerline of Black Jack Branch of Maline Creek Floodway Reservation, known as Station 100+32.64 (a point of curve); thence northwestwardly 336.03 feet along a curve to the left having a radius of 400.00 feet to a point of tangency; thence North 69 degrees 37 minutes West 419.98 feet to a point of curve; thence northwestwardly 85.52 feet along a curve to the right having a radius of 400.00 feet to a point of tangency; thence North 57 degrees 22 minutes West 496.13 feet along the centerline of a symmetrical transition from a 100 foot width to a width of 120 feet and to a point of curve; thence northwestwardly 114.90 feet along a curve to the right having a radius of 500.00 feet to a point of tangency; thence North 44 degrees 12 minutes West 1223.50 feet along a line parallel with and distant 60.00 feet northeast of the northeastern line of New Halls Ferry Road, 60 feet wide and to a point of curve; thence northwestwardly 75.35 feet along a curve to the left having a radius of 150.00 feet to a point of tangency; thence North 72 degrees 59 minutes West 375.06 feet along the centerline of a symmetrical transition from a 120 foot width to a width of 125 feet and to a point of curve; thence northwestwardly 32.72 feet along a curve to the right having a radius of 150.00 feet to a point of tangency; thence North 60 degrees 29 minutes West 225.25 feet to a point of curve; thence northwestwardly 151.32 feet along a curve to the right having a radius of 300.00 feet to a point of tangency; thence North 31 degrees 35 minutes West 551.99 feet along the centerline of a symmetrical transition from a 125 foot width to a width of 120 feet and to a point of curve; said point being the point of beginning for the revised portion of the West Fork Branch. EXCEPTING THEREFROM: A strip of land 120.00 feet wide in Section 31, Township 47 North, Range 7 East, St. Louis County, Missouri, the centerline thereof being more particularly described as follows: Beginning at the last mentioned point marking a point of curvature on the existing centerline of the West Fork Branch of the Black Jack Branch of Maline Creek Floodway Reservation Line as recorded in Book 6647, Page 1537, said point also being known as P.C. Station 40+87.76 per the plans prepared for the Metropolitan St. Louis Sewer District, Storm and Water Drainage, Maline Creek (Branch MD-2) Sheet 19 of 22 dated August 8, 1964; thence northwestwardly and westwardly 305.32 feet along a curve to the left having a radius of 300.00 feet to a point of tangency; thence North 89 degrees 53-3/4 minutes West 192.70 feet to a point of curve; thence westwardly and northwestwardly 383.97 feet along a curve to the right having a radius of 400.00 feet to a point of tangency; thence North 34 degrees 53-3/4 minutes West 1097.44 feet to the point of 8 termination of the herein described strip of land. SUBSTITUTING THEREFOR: A strip of land designated as Zone A5 and A10 of the Flood Insurance Rate Map (FIRM) of the National Flood Insurance Program prepared for the Federal Emergency Management Agency (FEMA). The strip of land is shown on Panel 20 and 45 of 145 of the St. Louis County, Missouri (Unincorporated Areas) FIRM map dated November 1, 1985. The strip of land designated A5 and A10 starts at a point north of Dunn Road to a point North of Sugarpine Drive along the West Fork Branch of the Black Jack Branch of Maline Creek (also known as Halls Ferry Creek). Section Four. Such building lines are the limits of floodway reservations. No buildings or part of a building or appurtenance thereof or any structure shall be set up or erected within such reservations. Section Five. Except by permission of the Board pursuant to ordinance, no fill shall be made within such reservations which may diminish the area of flow or otherwise obstruct in any way the free flow of flood waters in such reservations nor without such permission shall any dams, walls, or other watertight or practically watertight structures be constructed or placed within such reservations. Section Six. District maintenance and supervisory personnel and other authorized agents of the Board shall have the right to enter upon the lands hereby reserved and to clean, police and otherwise maintain the channel and banks of the streams or watercourses described herein, so that the natural and healthful flow of the stream may be maintained at all times. Section Seven. It shall be unlawful for any person to deposit, dump or otherwise dispose of, within the building lines 9 hereby established, any sewage, garbage, rubbish, industrial wastes, loose material, oils, or other soluble or insoluble solid or liquid matter, which may pollute the stream or subsequently be washed away or carried downstream or which may leave unhealthful or unsightly traces either in the bed of the stream or on the banks thereof. The Executive Director may be written order require any person who shall have violated any of the provisions of this section to remove any or all material such person may have deposited or otherwise disposed of within such lines. In case of the failure of the owner of any land within such lines to remove any such material upon such order, the Executive Director shall order such material removed at the expense of such owner and, if the owner shall fail to pay the cost of such work, the District may file a lien for the amount thereof against the property with the Recorder of Deeds of either the City of St. Louis or St. Louis County, as the case may be. Section Eight. Any person violating any provision of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) or be imprisoned in the City workhouse or the county jail, as the case may be, not less than ten (10) days nor more than One Hundred Eighty (180) days, or by both such fund and imprisonment for each violation. Each day in which any such violation shall continue 10 shall be deemed a separate offense. The foregoing Ordinance was adopted October 22, 1986.