O R D I N A N C E NO AN ORDINANCE, establishing building lines or floodway. reservation lines along and adjacent to Black Creek and its

Transcription

1 O R D I N A N C E NO AN ORDINANCE, establishing building lines or floodway reservation lines along and adjacent to Black Creek and its tributary, 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 Creek and its tributary, 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. In the Board's judgment, building lines or floodway reservation lines along and adjacent to Black Creek and its tributary are required fob 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 Two. 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 Black Creek and its tributary, the West Fork Branch. Black Creek Channel - A strip of land of varying width, the centerline thereof being more particularly described as follows: The centerline of a 120 foot wide strip of land described as beginning at a point in the centerline of Deer Creek Channel, 240 feet wide, also known as Station of said Deer Creek Channel; thence northwardly and northeastwardly 1240 feet plus or

2 minus along a curve to the right having a radius of 1700 feet to a point of curve; thence northeastwardly and northwardly 380 feet plus or minus along a curve to the left having a radius of 600 feet to a point of tangency; thence north 01 degree 11 minutes, west 100 feet plus or minus to a point of curve in the northwest line of Manchester Road, 80 feet wide, distance southwestwardly 95 feet plus or minus from the intersection of said northwest line of Manchester Road with the west line of Hanley Road, 60 feet wide; thence northwardly and northwestwardly 210 feet plus or minus along a curve to the left having a radius of 400 feet to a point of tangency which is the end of the centerline of a 120 foot wide strip of land and the beginning of the centerline of a 110 foot wide strip of land; thence north 31 degrees 17 minutes, west 1210 feet plus or minus to a point of curve; thence northwestwardly and northwardly 190 feet plus or minus along a curve to the right having a radius of 600 feet to a point of tangency; thence north 13 degrees 11 minutes, west 760 feet plus or minus to a point of curve; thence northwardly and northwestwardly 220 feet plus or minus along a curve to the left having a radius of 600 feet to a point of tangency; thence north 34 degrees 11 minutes, west 100 feet plus or minus to the end of the centerline of a 110 foot wide strip of land and the beginning of the centerline of a 100 foot wide strip of land; thence continuing north 34 degrees 11 minutes, west 430 feet plus or minus to a point of curve; thence northwestwardly 430 feet plus or minus along a curve to the left having a radius of 800 feet to a point of tangency; thence north 64 degrees 59 minutes, west 190 feet plus or minus to a point of

3 curve; thence northwestwardly 130 feet plus or minus along a curve to the right having a radius of 600 feet to a point of tangency; thence north 52 degrees 35 minutes, west 580 feet plus or minus to a point of curve; thence northwestwardly and northwardly 250 feet plus or minus along a curve to the right having a radius of 250 feet to a point of tangency, said point also being the end of the centerline of a 100 foot wide strip of land and the beginning of the centerline of a 105 foot wide strip of land; thence north 4 degrees 43 minutes, east 1130 feet plus or minus to a point of curve; said point also being the end of the centerline of a 105 foot wide strip of land and the beginning of the centerline of a 110 foot wide strip of land; thence northwardly and northwestwardly 170 feet plus or minus along a curve to the left having a radius of 250 feet to a point of tangency; thence north 34 degrees 17 minutes, west 150 feet plus or minus to a point of curve; thence northwestwardly and northwardly 175 feet plus or minus along a curve to the right having a radius of 250 feet to a point of tangency; thence north 5 degrees 49 minutes, east 350 feet plus or minus to a point of curve; thence northwardly and northwestwardly 150 feet plus or minus along a curve to the left having a radius of 250 feet to a point of tangency; thence north 28 degrees 35 minutes, west 115 feet plus or minus to a point of curve; thence northwestwardly and northwardly 70 feet plus or minus along a curve to the right having a radius of 175 feet to a point of curve; said point also being the end of the centerline of a 110 foot wide strip of land and the beginning of the centerline of a 115 foot wide strip of land; thence northwardly and

4 northwestwardly 90 feet plus or minus along a curve to the left having a radius of 180 feet to a point which is the end of the centerline of a 115 foot wide strip of land; thence north 35 degrees 23 minutes 00 seconds, east 1150 feet plus or minus to a point; thence south 85 degrees 47 minutes 30 seconds, east 25 feet plus or minus to the point of beginning of the centerline of a 100 foot wide strip of land; thence continuing south 85 degrees 47 minutes 30 seconds, east 125 feet plus or minus to a point of curve; thence eastwardly, northeastwardly and northwardly 350 feet plus or minus along a curve to the right having a radius of 220 feet to a point of tangency; thence north 3 degrees 00 minutes 30 seconds, east 1560 feet plus or minus along a line parallel with and distant 145 feet plus or minus west of the western line of Bethesda Street, 50 foot wide, to a point which is the end of the centerline of a 100 foot wide strip of land; thence continuing north 3 degrees 00 minutes 30 seconds, east 35 feet plus or minus to a point; thence north 27 degrees 15 minutes 30 seconds, west 690 feet plus or minus to a point which is the beginning of the centerline of a 90 foot wide strip of land; thence northwestwardly and northwardly 330 feet plus or minus along a curve to the right having a radius of 415 feet to a point of tangency; thence north 18 degrees 15 minutes 30 seconds, east 110 feet plus or minus to a point in the north line of Clayton Road, distant east 30 feet plus or minus from its intersection with the eastern line of Haddington Court, 50 feet wide; thence continuing north 18 degrees 15 minutes 30 seconds, east 25 feet plus or minus to a point of curve; thence northwardly 70 feet plus or minus along a curve to the left having

5 a radius of 300 feet to a point of tangency; thence north 4 degrees 57 minutes 30 seconds, east 410 feet plus or minus to a point of curve; thence northwardly and northwestwardly 150 feet plus or minus along a curve to the left having a radius of 120 feet to a point of tangency which is the end of the centerline of a 90 foot wide strip of land and the beginning of the centerline of a 85 foot wide strip of land; thence north 66 degrees 38 minutes 30 seconds, west 500 feet plus or minus to a point of curve; thence northwestwardly and northwardly 310 feet plus or minus along a curve to the right having a radius of 260 feet to a point of tangency; thence north 1 degree 39 minutes 30 seconds, east 325 feet plus or minus to a point of curve; thence northwardly 25 feet plus or minus along a curve to the right having a radius of 500 feet to a point of tangency; thence north 4 degrees 27 minutes 30 seconds, east 930 feet plus or minus to a point of curve; thence northwardly and northwestwardly 195 feet plus or minus along a curve to the left having radius of 200 feet to a point of tangency; thence north 51 degrees 21 minutes 30 seconds, west 90 feet plus or minus to a point of curve; thence northwestwardly and northwardly 260 feet plus or minus along a curve to the right having a radius of 500 feet to a point of tangency, said point also being the end of the centerline of a 85 foot wide strip of land and the beginning of the centerline of a 90 foot wide strip of land; thence north 21 degrees 36 minutes 30 seconds, west 1030 feet plus or minus to a point of curve, said point also being the point of beginning of the centerline of the west fork of Black Creek; thence northwardly 225 feet plus or

6 minus along a curve to the right having a radius of 500 feet to a point which is the end of the centerline of a 90 foot wide strip of land and the beginning of the centerline of a 75 foot wide strip of land; thence north 04 degrees 02 minutes 30 seconds, east 480 feet plus or minus to a point of curve; thence northwardly and northwestwardly 150 feet plus or minus along a curve to the left having a radius of 145 feet to a point of curve; thence northwestwardly 160 feet plus or minus along a curve to the right having a radius of 305 feet to a point of tangency; thence north 25 degrees 09 minutes 30 seconds, west 100 feet plus or minus to a point of curve; thence northwestwardly and northwardly 50 feet plus or minus along a curve to the right having a radius of 200 feet to a point of tangency; thence north 10 degrees 51 minutes 30 seconds, west 60 feet plus or minus to a point of curve; thence northwardly and northwestwardly 85 feet plus or minus along a curve to the left having a radius 265 feet to a point of tangency; thence north 29 degrees 09 minutes 30 seconds, west 100 feet plus or minus to a point of curve; thence northwestwardly and northwardly 115 feet plus or minus along a curve to the right having a radius of 325 feet to a point of tangency; thence north 09 degrees 33 minutes 30 seconds, west 60 feet plus or minus to a point of curve; thence northwardly 40 feet plus or minus along a curve to the right having a radius of 325 feet to a point of tangency; thence north 02 degrees 33 minutes 30 seconds, west 90 feet plus or minus to a point in the south line of Ladue Road, distant east 110 feet plus or minus along said south line from its intersection with the east line of Pointer Lane; thence continuing

7 north 02 degrees 33 minutes 30 seconds, west 75 feet plus or minus to a point of curve; thence northwardly and northwestwardly 160 feet plus or minus along a curve to the left having a radius of 325 feet to a point of tangency; thence north 30 degrees 45 minutes 30 seconds, west 40 feet plus or minus to a point of curve; thence northwestwardly and northwardly 60 feet plus or minus along a curve to the right having a radius of 300 feet to a point of tangency; thence north 19 degrees 21 minutes 30 seconds, west 750 feet plus or minus to a point of curve; thence northwardly 85 feet plus or minus along a curve to the right having a radius of 250 feet to a point of tangency; thence north 00 degrees 02 minutes 30 seconds, east 325 feet plus or minus to a point which is the end of the centerline of herein described strip of land. West Fork Branch - A strip of land of varying width, the centerline thereof being more particularly described as follows: The centerline of a 70 foot wide strip of land described as beginning at a point in the centerline of the Black Creek Channel, herein described; thence northwardly, northwestwardly and westwardly 168 feet plus or minus along a curve to the left having a radius of 160 feet to a point of tangency; thence north 80 degrees 39 minutes 30 seconds, west 800 feet plus or minus to a point of curve; thence westwardly and northwestwardly 480 feet plus or minus along a curve to the right having a radius of 590 feet to a point of curve; thence northwestwardly and westwardly 130 feet plus or minus along a curve to the left having a radius 150 feet to a point in the centerline of McKnight Road, distance

8 55 feet plus or minus north along said centerline from its intersection with the western prolongation of the north line of Francis Lane, 40 feet wide; thence westwardly, northwestwardly and northwardly 210 feet plus or minus along a curve to the right having a radius of 155 feet to a point of tangency; thence north 06 degrees 03 minutes 30 seconds, west 185 feet plus or minus to a point of curve; thence northwardly, northwestwardly and westwardly 140 feet plus or minus along a curve to the left having a radius of 120 feet to a point of tangency; thence north 72 degrees 51 minutes 30 seconds, west 95 feet plus or minus to a point of curve; thence westwardly and northwestwardly 150 feet plus or minus along a curve to the right having a radius of 265 feet to a point of tangency; thence north 40 degrees 27 minutes 30 seconds, west 55 feet plus or minus to a point of curve; thence northwestwardly and westwardly 170 feet plus or minus along a curve to the left having a radius of 220 feet to a point of tangency; thence north 84 degrees 39 minutes 30 seconds, west 275 feet plus or minus to a point of curve; thence westwardly 155 feet plus or minus along a curve to having radius of 800 feet to a point of tangency; thence north 73 degrees 49 minutes 30 seconds, west 455 feet plus or minus to point of curve; thence westwardly and northwestwardly 150 feet plus or minus along a curve to the right having a radius of 270 feet to a point of tangency; thence north 42 degrees 57 minutes 30 seconds, west 200 feet plus or minus to a point of curve; thence northwestwardly 100 feet plus or minus along a curve to the left having a radius of 300 feet to a 8

9 point of tangency; thence north 61 degrees 57 minutes 30 seconds, west 190 feet plus or minus to a point of curve; thence northwestwardly and westwardly 145 feet plus or minus along a curve to the left having a radius of 385 feet to a point of compound curve in the centerline of Price Road, 40 foot wide, distance 140 feet south along said centerline from its intersection with the western prolongation of the south line of Ladue Road, 60 feet wide, said point also being the end of the centerline of a 70 foot wide strip of land and the beginning of the centerline of a 55 foot wide strip of land; thence westwardly and southwestwardly 290 feet plus or minus along a curve to the left having a radius of 340 feet to a point of curve; thence southwestwardly, westwardly and northwestwardly 860 feet plus or minus along a curve to the right having a radius of 570 feet to a point of tangency; thence north 45 degrees 24 minutes 00 seconds, west 55 feet plus or minus to a point of curve; thence northwestwardly and westwardly 395 feet plus or minus along a curve to the left having radius of 690 feet to a point of tangency; thence north 78 degrees 06 minutes 30 seconds, west 490 feet plus or minus to a point in the south line of Ladue Road, 60 feet wide, which is the end of the centerline of herein described strip of land. Section Three. 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. 9

10 Section Four. 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 Five. 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 watercourse described herein, so that the natural and healthful flow of the stream may be maintained at all times. Section Six. It shall be unlawful for any person to deposit, dump, or otherwise dispose of, within the building lines hereby established, any sewage, garbage, rubbish, industrial wastes, loose material, oils, or other soluble or insoluble solid or liquid matter, which may pollute the streams 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 by 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 10

11 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 of St. Louis County, as the case may be. Section Seven. 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 fine and imprisonment for each violation. Each day in which any such violation shall continue shall be deemed a separate offense. 11

12 The foregoing Ordinance was adopted September 3,