THIS INDENTURE, made and
entered into as of the 24th day of June, 1957, by and between those
owners of real estate fronting on Westminster Place in City Blocks
4907B and 5051B of the City of St. Louis, Missouri, from the west line
of Kingshighway Boulevard to the east line of Lake Avenue, who
subscribe hereto, hereinafter called the "Owners," and Robert A. K.
Smith, David Wells and H. Sam Priest, Trustees, hereinafter called the
"Trustees;"
WITNESSETH, that:
WHEREAS, the Owners are the
holders and owners of legal title to various but not necessarily all of
the parcels of real estate situated within the hereinafter described
City Blocks in the City of St. Louis, Missouri, the description of
their respective parcels appearing hereinafter opposite their names,
which City Blocks are as follows:
| That part of Blocks 4907B and 5051B of the City of St. Louis, Missouri, bounded east by the west line of Kingshighway Boulevard, south by the north line of a 15-foot public alley in said Block 4907B, bounded west by the east line of Lake Avenue, and bounded north by the south line of a 15-foot public alley in Block 5051B; and |
WHEREAS, it is the desire
and intention of the parties hereto, for their mutual benefit and
advantage, by the execution of these restrictions and observance
thereof, to resist and prevent the encroachment and incidence of blight
and decay; to preserve the exclusive residential character of the area
in general, and particularly of their respective parcels of ground; to
maintain said neighborhood and the respective parcels as a desirable
place of residence; to provide for the health, welfare and safety of
the residents in said area; and to maintain the value of their property
by prohibiting undesirable, objectionable, dangerous and deleterious
uses; and
WHEREAS, the Trustees have
been nominated, appointed and elected as Trustees for the purposes of
these presents; and
WHEREAS, it is the desire
and intention of the subscribers hereto firmly to bind themselves,
their heirs, executors, administrators, successors and assigns and
their respective parcels of land and improvements pursuant to the
terms, covenants, restrictions and conditions hereof and to provide
effectually for the enforcement of the terms, provisions and
restrictions hereinafter set out;
NOW, THEREFORE, in
consideration of the premises and the respective and mutual agreements
to burden and restrict the particular parcels of ground herein
described, the parties agree among themselves as follows:
1. None of the parcels of
real estate of the Owners (except as hereinafter set out), nor any part
thereof, shall, during the term of these restrictions, be used, caused,
suffered or permitted to be used for any purpose other than that of a
single-family dwelling. By single-family dwelling is meant use and
occupancy by a group of persons immediately related by blood, marriage
or adoption living together as a single housekeeping unit, nor shall
any land or building herein affected be at any time used for or devoted
to any purpose less restricted than the provisions of the applicable
zoning ordinances and building regulations of the City of St. Louis,
Missouri. Nothing herein contained, however, shall be construed so as
to prevent co-occupation of any building by a companion, paid or
otherwise, of the resident of any particular building. In the event
that any of the parcels of real estate herein described is, as of the
date of these presents, being devoted to any use other than that of a
single-family dwelling, said use may be continued to the same extent as
may now be in effect, but said use may not be enlarged or extended at
any time in the future or in any manner except by unanimous written
consent of the Trustees. This exception shall not apply, however,
unless the fact that such existing use is in effect is herein
designated at the time these presents shall have been executed. No
building upon any of the property of the Owners shall at any time
henceforth be converted, altered or added to so as to make it suitable
for any purpose other than as a single-family dwelling, nor shall any
fences, walls or other structures be constructed or erected upon any of
the property hereby restricted except with the written permission of
the Trustees hereinafter provided for.
2. No accessory building
upon any of the property herein affected shall be used as a residence
or living quarters for any person or persons other than domestic
employees employed for hire in connection with the upkeep, care and
maintenance of the house to which said building shall be an accessory.
3. No structural alterations
or additions shall be made upon any of the buildings situated on any of
the property hereby affected without a written permit of the Board of
Trustees as herein provided. Prior to the commencement of any work in
connection with such proposed structural alterations or additions, the
person or persons proposing same shall file with the Trustees a written
application for such permit, which application shall be accompanied by
architectural plans or blueprints, and specifications to be used in
that connection, together with any other pertinent information that the
Trustees may request. In the event that a structural alteration or
addition is proposed with respect to any building which is not now used
as a single-family dwelling, the Trustees shall not grant a permit
therefor if the effect thereof would be to increase the accommodations
of said building so as to make said building suitable for occupancy by
more families than are then occupying said premises, except any
additional building may be devoted to use as living quarters for paid
servants or maintenance employees. In the event of destruction or
damage to any of the buildings situated on any of the property hereby
affected by fire or other casualty, restoration of said damage or
destruction shall not be effected without a permit from the Board of
Trustees as hereinabove provided, but no such permit shall be withheld
unless such restoration would increase the accommodations of said
building as hereinabove provided with respect to alterations or
additions. In any event, no permit shall be granted by the Trustees
unless the structural alterations, additions or restoration shall be in
full compliance with the building code of the City of St. Louis,
Missouri.
4. The Trustees hereinabove
named and who shall execute this indenture shall be and constitute a
Board of Trustees, who shall work without compensation and who shall
serve until the next annual meeting of the Owners or until their
successors shall have been elected. The Board shall appoint or elect
from among its members a president, vice president, treasurer and
secretary, but any of the above offices except president and vice
president may be combined. It shall be the duty of the president or
secretary, among other things, to call an annual meeting of the Owners
in the month of December, which meeting shall be held in some
convenient location to be selected by the president or secretary, and
notice thereof shall be given in writing to all of the Owners by
ordinary mail, post-paid, addressed to the last-known post office
address of the respective Owners, at least ten (10) days prior to the
date of said meeting. The purpose of such annual meeting shall be to
consider all matters of interest in connection with the property and to
elect Trustees for the ensuing year. At such meeting one vote may be
cast for each parcel of ground and said vote shall be either in person
or by written proxy. In the event of vacancies in the Board of Trustees
prior to the expiration of any tern of office due to the death,
disqualification or refusal to act of any of the Trustees, such vacancy
may be filled by the remaining or surviving Trustees for a period
expiring at the slate of the next annual meeting of the Owners. Special
meetings of the Owners may also be held upon call of any of the
Trustees or by ten percent (10%) of the Owners, notice of which shall
be sent by registered mail to all of the Owners at least ten (10) days
before the proposed date thereof. Said notice shall specify the time,
place and purpose of the meeting. At any meeting of the Owners the
number of Trustees may be increased to any odd number not in excess of
seven (7).
5. In the event that
Westminster Place between Kingshighway on the east and Lake Avenue on
the west, or any part thereof, shall at any time hereafter be vacated
as a public street by appropriate municipal ordinance and shall become
a private street, the Owners do hereby severally convey and quit-claim
unto the Trustees and their successors in trust their respective right
and title to all of the land that comprises the public street now known
as Westminster Place, in trust, however, for the mutual use and benefit
of the Owners, their heirs, executors, administrators and assigns. The
conditions of said trust shall be that said street shall thenceforth be
maintained as a private street and roadway, subject to a permanent
easement, for the mutual and respective use and benefit of the Owners,
their heirs, executors, administrators, assigns, lessees, invitees and
licensees; as well as the owners, their heirs, executors,
administrators, assigns, lessees, invitees and licensees, of parcels of
ground fronting upon Westminster Place, between the west line of
Kingshighway Boulevard and Lake Avenue, whether or not they have
subscribed to these presents. Such easement shall be a covenant running
with the respective parcels of land and shall be for the purpose of
ingress and egress to the respective properties fronting upon
Westminster Place and for the installation and maintenance of
utilities, both public and private, and shall in all respects be
subjected to the ordinary and usual uses and burdens of a private way
or street. Said easement shall continue irrespective of the existence
of said trusteeship and until such time as said street shall again
become a public street, if ever.
6. The duties and powers of
the Board of Trustees shall be as follows:
(A) In the event that
Westminster Place is not vacated, and by reason thereof the hereinabove
conveyance to then of said street shall not be effective, the Trustees
shall have the following powers and duties:
| (1) The Trustees
shall consider and act upon the applications of any of the owners for a
permit for alterations or additions of or upon the property of such
Owners as hereinabove provided in Section 3, and in connection
therewith they may hold hearings and consider such evidence as may be
presented to them by the Owners. They shall refuse or grant such permit
within ten (10) days after the filing of any application, but no permit
shall be refused unless the purpose of said structural alteration or
addition shall be to convert any building so as to make it suitable or
appropriate for occupancy by more than one family, or unless such
alteration or addition would violate any of the building regulations,
zoning restrictions or building lines of the City of St. Louis. No
permit shall be issued by the Trustees unless a building permit, and if
required, an occupancy permit, shall have been issued by the proper
building authorities of the City of St. Louis. The Trustees shall have
the right to extend the aforesaid ten-day period by notice to the Owner
for an additional period of not to exceed ten (10) days. In the event
that the Trustees fail to act within said original or such extended
period, no permit shall be required from them. |
|
| (2) If any Owner
shall directly or indirectly violate or attempt to violate any of the
terms of these restrictions, the Trustees in their trust capacity may
take such action as they deem appropriate to prevent or cause to be
discontinued any such violation, which right may be exercised in any
suitable manner by the Trustees, including the institution and
prosecution of appropriate court action against the Owner or Owners who
shall violate or attempt to violate the terms of these restrictions.
Such court action may be in equity or at law, and in the event any
damages are collected by the Trustees, the proceeds thereof shall be
held and retained by the Trustees for any or all of the purposes of
their trust. Nothing herein contained, however, shall be construed so
as to limit, restrict or prevent any of the Owners from taking such
steps or bringing such action as may be appropriate in their own names
to prevent or enjoin a violation of the terms and conditions of these
restrictions by any of the Owners, or from joining in their own names
and individual capacity in any action of the Trustees. |
|
| (3) The Trustees
shall have the right to levy annual assessments against the property of
the respective Owners, to pay and defray expenses incurred or to be
incurred by them in connection with the performance of their duties.
Out of the proceeds of such assessments, the Trustees may pay the cost
of enforcing the terms and conditions of these restrictions; the cost
of any means taken or adopted by them to improve the area in which the
property of the Owners is located and which, by the terms of these
presents, they are authorized directly or impliedly to do. They may
employ counsel of their own choice and incur any and all other expenses
of litigation for the purpose of enforcing these restrictions, and the
costs thereof shall be defrayed out of the aforesaid proceeds of the
assessments. |
|
| (4) Written notice
of assessment shall be sent annually to each of the Owners who become
obligated hereunder to pay said assessments, which notice shall be sent
registered mail, post-paid, to each of the Owners at their last-known
post office address, or if such address is not known, then to the house
number of said Owners upon Westminster Place herein designated. Said
assessment shall become a lien upon the property of the Owner if not
paid within sixty (60) days from the date of the mailing of such
notices. In order to evidence such lien and as notice thereof, the
Trustees shall file in the Office of the Recorder of Deeds of the City
of St. Louis, Missouri, a written statement setting forth the
description of the property, the name of the owner or owners, the
amount of such assessment, and the statement that it has become due and
payable, which statement shall be duly sworn to and shall be in such
form as is customarily used in the State of Missouri for such purpose.
The lien of such assessment may be foreclosed by action in equity
brought by the Trustees at any time within five (5) years from the date
of the recordation of such instrument, and in such action the Trustees
may recover interest upon such assessment from the date of recordation
and a reasonable attorney's fee not to exceed the amount of such
assessment. Notice of lien may include more than one year but not more
than five years, and suit may be brought upon any such notice or
notices for any period of years not to exceed five (5). |
(B) In the event that
Westminster Place shall be vacated and shall become a private street,
by virtue of which the conveyance of said street to the Trustees shall
be effective as hereinabove stated, the duties of the Trustees, in
addition to those above specified, shall be as follows:
| (1) They shall
keep and maintain in good repair and condition the aforesaid
Westminster Place, utilities, including storm and sanitary sewers
therein, curbing, parkways and landscaping thereon, exclusive, however,
of sidewalks and driveways, which shall be the sole responsibility of
the respective owners. |
|
| (2) They shall pay
for street lighting and may in connection therewith enter into any
contracts with the City of St. Louis or others in that connection. They
may erect and construct such gateways at either or both ends of the
block in such manner as in their own discretion shall seem appropriate,
and shall at proper times see that access to the street is blocked for
reasonable periods so as to prevent free and open use of said street by
the public. They may likewise maintain such barriers in Westminster
Place as they may deem advisable to slow the passage of traffic through
the street. They shall have broad discretion in this connection and
such discretion shall be exercised without any liability upon their
part, except for willfulness or bad faith. |
|
| (3) They shall
have the right to purchase public liability insurance to protect them
from any damages that might be incurred in the use of said street,
which insurance may be in their own names as Trustees and shall inure
to the benefit of such Trustees, their successors and assigns.The assessments
anywhere hereinabove provided shall not exceed the sum of $50.00 per
year per parcel, unless authority is granted to them by seventy-five
percent (75%) of the Owners, in which event, however, the total
assessment to be levied shall not exceed the sum of $100.00 upon any
single parcel of land.The Trustees, in
addition to the above specific powers granted then in this Section 6 of
these presents, shall have the right, power and authority to do any and
all things necessary or incidental or which they may deem advisable to
the maintenance, preservation and improvement of the area comprising
the 5000 and 5100 blocks of Westminster Place. The Trustees shall also
have the right to accept and receipt for any voluntary contributions
made to them at any time for the purposes of the trust. |
|
| (4) The Trustees
shall at all times keep full and adequate books, records and accounts
of all receipts and disbursements in connection with their trusteeship
and shall prepare an annual statement of receipts and disbursements, as
well as a balance sheet, which statement shall be mailed to each of the
Owners together with the notice of the annual meeting; and if no annual
meeting is held, then such statement shall nevertheless be mailed to
said Owners by the 15th of January of each year. |
|
| (5) No person
shall be eligible to serve as Trustee hereunder unless he is a resident
of at least one parcel of property covered by this agreement; and if
such residence shall at any time cease and terminate during the term of
office of any Trustee, such Trustee shall no longer be eligible to
serve as such. |
7. These restrictions shall
remain in full force and effect for a period of twenty (20) years from
June 1, 1957, and at the end of said period, shall automatically be
extended for an additional twenty (20) years, unless the persons owning
a majority of the parcels of ground affected hereby or by any
supplement hereto shall execute and acknowledge and cause to be
recorded an instrument to evidence their election that said
restrictions shall be terminated, which election shall be made and said
document recorded at least six (6) months prior to the original term
hereof.
8. The restrictions herein
set out shall he covenants running with the land of the Owners who are
parties hereto and shall be binding upon them, their heirs, executors,
administrators and assigns; it being the intention of the parties
hereto that these restrictions shall attach to each of the parcels of
ground of the Owners subscribing hereto as fully as though they were
set out in the various original and successive conveyances of title to
the respective parcels, and none of the property hereby affected shall
be sold, assigned, conveyed or transferred except by deed or other
instrument expressly setting forth that such conveyance is subject to
the terms hereof.
9. Any person or persons
owning property in the City Blocks hereinabove described who do not
join in these presents may hereafter join in and become a party hereto
by separate instruments duly acknowledged and recorded, to like intents
and purposes as though they had executed and become a party to these
presents.
10. This deed of
restrictions shall become effective only if executed by the owners of
49 parcels of ground included in the blocks hereby affected, nor shall
this deed be placed of record until a sufficient number of signatures
have been affixed hereto in accordance with the aforesaid requirement.
