Abbreviated Indentures - Gascony

ABBREVIATED TRUST INDENTURE

GASCONY/COUNTRYLANE WOODS SUBDIVISION 

An Indenture of Trustee and Restrictions was entered into on February 19, 1965, and duly placed on record in the County Courthouse of St. Louis County, Clayton, Missouri. The following is only a brief summary of this indenture, and in no way purports to be complete; to modify or amend; but only to advise that such an indenture does exist and to point out some of the pertinent facts which will influence your life as a resident of Gascony/Countrylane Woods Subdivision, and to illustrate the efforts which have been made to protect your property value and the well-being of the community. If you are interested in studying this indenture in greater depth, review may be made at the County Courthouse in Clayton, or contact one of the trustees. 


PURPOSE OF INDENTURE 


To preserve within the boundaries of the subdivision, a restricted neighborhood, and to protect it against certain uses by the adoption of a common neighborhood plan and scheme of restrictions, which shall be applied to all of the land, including the common ground; to mutually benefit, guard and restrict present or future title holders or occupants of any or all of said land; and to foster the health, welfare, safety and morals of all who own or reside in this area. 


The Board of Trustees is invested with the power, rights, and authorities described in the Indenture of Trust; some of which are listed below: 


1. To hold title to the common ground; 

2. To exercise control over entrances, lights, gates, common ground, park areas, shrubbery, etc., and to maintain, repair, rebuild, supervise and insure the proper use of same. 

3. To exercise control over the common ground; 

4. To pay real estate taxes on common ground out of the general assessments provided for by the Indentures; 

5. To maintain and improve the common grounds with 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 the health, welfare, morals, recreation, entertainment, education and general use of the owners of the lots of the subdivision. 

6. To prescribe by reasonable rules and regulations the terms and conditions of the use of said common ground. 

7. To prevent, as trustees of an express trust, any infringement and to compel the performance of any restrictions set out in the indenture or established by law, and also, any rules and regulations issued by said Board of Trustees covering the use of the common ground. 

8. To clean up rubbish and debris and remove grass and weeds from and to remove, replace and maintain trees, shrubbery and flowers upon vacant and/or neglected lots or property and to charge the owners thereof for reasonable expenses so incurred. 

9. To consider, approve or reject, any and all plans and specifications for any and all buildings and structures, fences, detached buildings, etc., proposed for construction or erection. 

To make uniform assessments of an amount not to exceed Fifty Dollars ($50.00) per calendar year, for the purpose of carrying out any and all of the general duties and powers of the Trustees to defend and enforce restrictions, maintaining the common ground, cross-walks, and to perform or execute any powers or duties provided for in the indenture, and to protect the health, safety, and general welfare of the lot owners. 

If, in any time, the trustees shall consider it necessary to make any expenditures requiring an assessment additional to the assessment above provided, they shall submit in writing to the lot owners for approval an outline of the plan and the estimated amount required. This must be approved either by a meeting of the lot owners duly called and by a simple majority vote of those present in person or by proxy, or on written consent of the owners. 

RESTRICTIONS 


No building shall be erected, placed, or altered on any lot until the construction plans and specifications, and a plan showing the location of the structure have been approved by the Board of Trustees. 

No building shall be erected, altered, placed or permitted to remain on any lot, other than the one detached, single family dwelling and a private garage for no more than three cars. 

No fence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum building setback, unless approved by the Board of Trustees. 

No building shall be located on any lot nearer to the front lot line or near to the side street line than the minimum building setback lines shown on the recorded plat. In any event, no building shall be located on any lot nearer than thirty (30) feet to any side street line. 

Easements for installations and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat, within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or which a may change the direction of the flow of drainage channels in the easements, or obstruct or retard the flow of water through drainage channels in the easements. 

No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which is or may become an annoyance or nuisance to the neighborhood. 

No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other building shall be used on any lot at any time as a residence - either temporary or permanent. 

No fence shall extend beyond the front building line toward the street. In the case of corner lots, no fences shall extend beyond the building line to the side street. If unusual conditions exist, the Trustees may, at their discretion, approve such change that might be necessary to meet the unusual conditions. 

No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that of dogs, cats or other households pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose. 

No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be kept in sanitary containers. 

No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one (1) square foot, one sign of not more than five (5) square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sale period. 

The covenants run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date originally filed. These covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then lot owners has been recorded, agreeing to terminate these covenants in whole or in part 

 

Gary Hoeferkamp
Hoeferkamp Real Estate

1190 Meramec Station Rd Ste 206
Manchester MO 63021
Office: 314-925-0551
Mobile: 314-440-2400
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Providing a superior level of informed, professional real estate services to buyers and sellers in the St Louis area. Gary is independently rated by HomeLight as a Single Family Expert selling homes above average sale price.

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