Seven Oaks Subdivision Indentures 

(Section III: Trustee's Duties and Powers)

III. TRUSTEE’S DUTIES AND POWERS

            The Owner hereby invests the Trustees and their successors and assigns with the rights, powers and authorities described in this instrument, and with the following rights, powers and authorities:

1.                  The Trustees shall acquire and hold the Common Ground to be described and conveyed to the Trustees by separate instrument, which said Common Ground is set forth and shown on Seven Oaks Plat 1, and on any subsequently recorded plat of Seven Oaks.  The Trustees shall deal with any Common Ground so acquired under the provisions hereinafter set forth.

2.                  The Trustees may exercise such control over the easements, streets, and roads (except for those easements, streets and roads which are now or may hereafter be dedicated to public bodies or agencies), entrances, lights, gates, common land, park areas, shrubbery, storm water sewers, lakes, storm water retention areas, sanitary sewer trunks and lateral lines, pipes and disposal and treatment facilities as may be shown on the recorded plats of said above described tract of land as is necessary to maintain, repair, rebuild, supervise and insure the proper use of said easements, streets, common ground, and roads, etc., by the necessary public utilities and them and others to whom they may grant permission to construct, operate and maintain on, under and over said easements and streets, sewers, pipes, poles, wires and other facilities and public utilities for services to the lots and dwellings shown on said plats.

3.                  The Trustees may create easements over said Common Ground.

4.                  The Trustees may abandon an easement or portion thereof by executing and recording a proper and appropriate instrument in the Office of the Recorder of deeds of St. Louis County, Missouri, but such easement or portion thereof may be abandoned only when the Trustees determine that it is in the best interest of the subdivision that same be abandoned.

5.                  The Trustees may exercise control over the Common Ground as shown on said Seven Oaks Plat 1 and any subsequently recorded plat of Seven Oaks.  The Trustees may pay real estate taxes and assessments on said Common Ground out of the general assessment hereinafter provided for.  The Trustees may maintain and improve the Common Ground with ornamental entrance ways, shrubbery, vegetation, decorations, buildings, recreational facilities of any kind or description, other structures, and any and all other types of facilities in the interest of health, welfare, safety, recreation, entertainment, education and general use of the lot owners of said subdivision all in conformity with all applicable laws.  The Trustees may prescribe by reasonable rules and regulations the terms and conditions including reasonable fees and charges of the use of said Common Ground and all improvements thereon, all for the benefit and use of the lot owners of Seven Oaks and according to the discretion of the said Trustees.

6.                  The Trustees may publicly dedicate any private streets constructed or to be constructed on said Common Ground, and whenever such dedication would be accepted by a public agency, in the event the recorded plat does not provide for public use and maintenance.  The Trustees shall exercise control over the lakes and storm water retention areas located on the Common Ground.  The Trustees shall maintain, improve, repair, rebuild, supervise, and insure the proper use of said retention area.

7.                  In the event it shall become necessary for any public agency to acquire all or any part of the property herein conveyed to the Trustees for any public purpose, the Trustees, during the period of Trust as well as the times fixed for the appointment or election of a Trustee, are hereby authorized to negotiate with such public agency for such acquisition and to execute deeds and other instruments necessary to convey the property.  Should acquisition by eminent domain become necessary, only the Trustees need be made a party, and in any event the proceeds received shall be held by the Trustees for the benefit of those entitled to the use of the common property, roads or easements.

8.                  The Trustees may prevent any infringement and compel the performance of any restriction set out in this Indenture or established by law, and also any rules and regulations issued by said Trustees covering the use of said Common Ground or any matters relating thereto.  This provision is intended to be cumulative and not to restrict the right of any lot owner to proceed in his behalf, but the power and authority herein granted to the Trustees is intended to be discretionary and not mandatory.

9.                  The Trustees may clean up rubbish and debris and remove grass and woods from, and trim, cut back, remove, replace and maintain trees, shrubbery and flowers upon any vacant or neglected lots or property, and the owners thereof may be charged with the reasonable expenses so incurred.  The Trustees or their agents or employees shall not be deemed guilty or liable for any matter of trespass or any other act for any such injury, abatement, removal or planting.

10.              The Trustees shall consider, approve or reject any and all plans and specifications for any and all buildings or structures, fences, detached buildings, outbuildings, accessory buildings, swimming pools or tennis courts proposed for construction and erection on said lots, proposed additions to such buildings or alteration in the external appearance of buildings already constructed, it being provided that no buildings or structures, fences, detached buildings, outbuildings, accessory buildings, swimming pools, tennis courts or other structures may be erected or structurally altered on any of said lots unless they first had the written approval of a majority of the Trustees to the plans and specifications therefore and to the grade proposed therefore.  In the event the Trustees fail to approve or disapprove within thirty (30) days after building plans or other specifications for fences, swimming pools or tennis courts, accessory buildings and other outbuildings have been submitted to it hereunder, approval will not be required and the applicable restrictions shall be deemed to have been fully complied with, provided the party alleging submission of the plans can supply written evidence that said plans and specifications were in fact submitted to the Trustees.

11.              The Trustees may require a reasonable deposit in connection with the proposed erection of any building or structure, fence, detached buildings, outbuildings, swimming pool, tennis court or other structure on any of said lots in order to provide that upon completion of the project, all debris shall be removed from the site and from adjacent lots, and that any and all damages to subdivision improvements shall be repaired.

12.              The Trustees may establish and fix minimum costs which shall apply to buildings and structures which may be erected on said lots as the Trustees deems necessary and desirable in order to maintain a high character of the buildings and structures which may be erected on said lots.  Minimum costs so established shall at all times be subject to revision or abandonment at the discretion of the Trustees in order to provide that the buildings and structures which may be erected on said lots shall be fairly uniform in character irrespective of cost or other circumstances.

13.              The Trustees may provide said subdivision with adequate fire and police protection and for the collection of trash, rubbish or garbage, and may otherwise provide for the public health, safety, welfare and morals of property and assume contracts for such purposes covering such periods of time as they may consider advisable.

14.              The Trustees may receive, hold, convey, dispose of and administer IN TRUST for any purpose mentioned in this Indenture any gift, grant, convenance or donation of money or real estate or personal property.

15.              The Trustees in exercising the rights, powers, and privileges granted to them, and in discharging the duties imposed upon them by the provisions of this Indenture, may from time to time enter in to contracts, employ agents, attorneys, accountants, servants, clerks, other employees and labor as they deem necessary or advisable, and to institute and prosecute such suits as they deem necessary or advisable, and defend suits as they deem necessary or advisable, and defend suits brought against them in their capacity as Trustees, or against their employees.

16.              The Trustees shall have power to purchase and maintain in force liability insurance protecting the Trustees and lot owners from any and all claims for personal injury and property damage arising from Acts of the Trustees or from use of the Common Ground.  The Trustees shall have power to purchase and maintain in force insurance protecting the Trustees from any and all claims for damages arising out of any decision, act, or failure to act, of the Trustees acting in their capacity of Trustees.

17.              In the interest of the health, welfare, safety and morals of the lot owners of the land subject to this Indenture, and provided that same is not prohibited by law or Federal, State, County or Municipality regulation, said Trustees shall have the right and power:

a.                  To provide lights on streets, parks, gateways, entrances, Common Ground and other public or semi-public places; to erect and maintain signs for the marking of streets; to erect, maintain and replace fences on the Common Ground; to repair, oil, maintain, repave and reconstruct paved streets or roads, lanes, and pedestrian ways and to clear streets, gutters, sidewalks, and pedestrian ways; to provide for the plowing and removal of snow and ice from sidewalks and streets; to plant, care for, maintain, spray, trim and protect trees, shrubbery and vegetation on streets, public property, Common Ground and elsewhere in the interest of health, welfare, safety and morals within the land subject hereto;

b.                  To provide at suitable locations, receptacles for the collection of rubbish and for the disposal of such rubbish as is collected, and for the collection and disposal of garbage.

18.              The Trustees shall have the right and power to establish, operate, conduct, regulate, maintain, repair, such common property, buildings, and facilities as may exist or be established on the land subject hereto; to make rules and regulations, not inconsistent with the law and this Indenture, for the use and operation thereof and in every and all respects govern the operation, functioning and government thereof.

19.              The Trustees shall have the full and unqualified right, power and authority concerning all of the property, real personal or mixed, owned or held by said Trustees to:

a.                   Make all contracts and incur all liabilities necessary, related or incidental to exercise of the Trustees’ power and duties hereunder including the construction of improvements;

b.                  Purchase insurance against all risks, casualties and liabilities of every nature and description;

c.                   Borrow money on same; encumber and hypothecate same; make and execute promissory notes or incur liabilities and obligations secured by deed or trust, mortgage, lien or encumbrance on same;

d.                  Make all types of permanent, temporary, construction or other loans;

e.                   Use, handle, manage, control, operate, hold, deal in and in all respects treat with the aforesaid property, real, personal, or mixed limited only as provided in this instrument.

20.              The Trustees shall have the right to procure a bond for the individual Trustee serving as Treasurer.

21.              Notwithstanding any other condition herein, the Trustees shall make suitable provision for compliance with all subdivision and other ordinance, rules and regulations of St. Louis County or any municipality of which the subdivision may become a part, including but not limited to maintenance and operation of all street lights, roadways and easements.

22.              All rights and powers conferred on the Trustees by this instrument shall be exercised by them collectively and not individually.  In the event of any difference of opinion among the Trustees as to the exercise of the rights and powers conferred hereby, the decision of a majority of Trustees shall be conclusive.