Seven Oaks Subdivision Indentures 

(Introduction)

 

INDENTURE OF TRUST AND RESTRICTIONS OF SEVEN OAKS

             THIS INDENTURE made and entered into this 6th day February, 1978, by and between ST. CHARLES HOLDING CO., a corporation organized and existing under the laws of the State of Missouri, hereinafter referred to as “Owner” and G. B. VATTEROTT, THOMAS J. BERRY, and JOSEPH R. WOLF all of the County of St. Louis, State of Missouri, hereinafter referred to as “Trustees”.

            WHEREAS, the County Council of St. Louis County, Missouri, by its Ordinance No. 8159 dated March 11, 1977 approved and authorized a Planned Environment Unit for development in accordance with the provisions of Ordinance Section 1003.187 SKCRO, the said land now more accurately being described as follows:

            See Exhibit “A” attached hereto.

            WHEREAS, part of the above described tract has been subdivided and plat thereof recorded in the St. Louis County Records in Plat Book 179, Pages 442 and 43 and designated SEVEN OAKS PLAT 1, and

            WHEREAS, Owner contemplates that the remainder of the above described tract will also be subdivided and the plats thereof will be prepared and recorded in the St. Louis County Records pursuant to and in conformity with the aforesaid Ordinance and other ordinances of said County; and

            WHEREAS, Common Ground has been designated and set aside on the plat of SEVEN OAKS PLAT 1 and additional Common Ground may be designated and set aside on the future plats of Seven Oaks to be recorded in the office of the St. Louis County Recorder of Deeds upon approval by the St. Louis County Council or other proper officials of St. Louis County, and

            WHEREAS, there have been and will be designated, established and recited on the recorded plats of Seven Oaks, certain streets, Common Ground and certain easements which are for the exclusive use and benefit of the owner or owners of the lots and parcels shown and to be shown on said subdivision plats (except those streets or easements which are now or may hereafter be dedicated to public bodies and agencies) and which have been provided for the purpose of construction, maintaining and operating sewers, pipes, poles, wires, storm water drainage, parks and other facilities and public utilities for the use and benefit of the owner or owners of the lots and parcels shown and to be shown on said plats; and

            WHEREAS, it is the purpose and intention of this Indenture to preserve the tracts of land, whether of record or to be of record and known collectively as Seven Oaks, as a restricted neighborhood and to protect the same against certain uses by the adoption of a neighborhood plan and scheme of restrictions, and to apply that plan and restrictions in favor of or against each lot and parcel as against or in favor of all other parcels within said residential area in the hands of the present or subsequent owners thereof, and mutually to benefit, guard  and restrict present or future title holders or occupants of any or all of said parcels and to foster the health, welfare, safety and morals of all who own or reside in said areas; and

            WHEREAS, all reservations, limitations, conditions, easements and covenants contained herein, any and all of which are hereafter termed “Restrictions” are jointly or severally for the benefit of all persons who may purchase, hold or own from time to time any of the several lots and parcels covered by this instrument; and

            WHEREAS, Owner will, by separate instrument, convey to the Trustees and establish certain area as Common Ground, to be so designated on the plat or plats of the remainder of the above described tract, to be prepared and recorded in St. Louis County Recorder’s Office; and

            NOW, THEREFORE, in consideration of the premises and the mutual promises, covenants and agreements made by the parties hereto each to the other, the Parties hereto covenant and agree to and with each other, collectively and individually, for themselves, their heirs,  successors and assigns, and for and upon behalf of all persons who may hereafter derive title to or otherwise hold through them, their heirs, successors or assigns, any of the lots and parcels of land in the afore-described property, all as described herein as follows:  to wit: