RESTRICTIONS OF VILLANOVA SUBDIVISION 1 This indenture made this 2 nd day of April, 1946, by and between Villanova Realty Company, a Missouri Corporation herein after referred to as Grantor; and the persons, firms, corp. and their respective successors, heir, personal representatives, assigns and grantees, who may or might hereafter become the owners of any estate in real property in or to the parcel of land lying, being and situated in the County of St. Louis, State of Missouri, as hereinafter described; and the Trustees hereinafter names, and the respective successors in interest. WITNESSETH: Whereas, Grantor is now the owner of a certain tract of parcel of land lying, being and situated in the County of St. Louis, State of Missouri, described as follows: to wit: Lots One (1) to seven (7) inclusive and lots E, F, G and H in block one (1) to ten (10) inclusive; and lots nineteen (19) to twenty-three (23) inclusive in block two (2); lots one (1) to four (4) inclusive and lots fourteen (14) and fifteen (15) in block three; lots one (1) to sixteen (16) inclusive and lots J, K and L in block for (4); all in Villanova Subdivision according to the plat thereof recorded in Plat Book 41; page 1 of the office of the Recorder of Deeds for the County of St. Louis, Missouri, and being the portion of Villanova Subdivision lying wholly within the County of St. Louis and further described as: A tract of land being part of lot between fourteen (14) of the Mackenzie Tract as recorded in Plat 1, Volume 1, page 50 of the Recorder of Deeds office of the City of St. Louis, Missouri, beginning at the intersection of the north line of Mackenzie Place, a subdivision, and the city limits of the City of St. Louis; hence northwardly along said city limits line 1141.27 feet to a point at its intersection with the south line of Watson Road (100 feet wide); hence westward along said south line of Watson road 641.82 feet to the intersection of the south line of Watson Road with the east line of Mackenzie Road (60 feet wide); hence southward along said north line of Mackenzie Place 933.24 feet to the point of beginning; excepting there from all therein dedicated to street and road purposes, in accordance with the plat thereof recorded in Plat Book 2, Page of the records of the St. Louis County Recorder s Office. Whereas, it is the intention of the Grantor to sell lots in said subdivision for the building of homes on certain parts thereof and for use as business property on the Watson Road and for multiple family dwellings on the Mackenzie Road frontage thereof, and generally to preserve said subdivision as a restricted neighborhood and to protect the same against certain uses for the general benefit of all present and future title holders and occupants of any land and all such parcels of aforedescribed land or any part thereof. 1 This document was transcribed into electronic format from the original Bylaws by resident Lynda Prebil in 2009. 2 The Book and Page numbers of the original document s recording were not listed on the original document and are purposefully omitted here. 1
NOW, THEREFORE, in consideration of the premises and in view of the valuable rights and benefits accruing to the Grantor by reason of the restrictions as herein after set out by reason of the benefit to accrue to the future owners of the land or any part thereof aforedescribed, and the said Grantor does hereby create, impose and place on any or all of which are hereinafter termed restrictions. All of said restrictions are made jointly and severally for the benefit of, and while the endure, shall continue to be binding on the present title hold to said land as well as on all persons who may for time to time own, hold, lease, rent, occupy or purchase said lands or any part or portion of let thereof even if the restrictions are omitted from any deed or instrument of conveyance of said land aforedescribed. 1. These covenants and restrictions are to run with the land and are binding on all parties hereto and all persons claiming under them until January 1, 1975, at which time these restrictions shall be automatically extended for successive periods of ten (10) years unless by vote of a majority of then owners of the several lots in said subdivision, it is agreed to change said covenants in whole or in part. 2. Lots E, F, G and H and lot one (1) in block one (1) in said subdivision fronting on Watson Road and Lot one (1) in block four (4) fronting on Mackenzie Road may be used for the erection of buildings thereon, for use as retail stores, churches, offices, service establishments, and schools, and Lots J, K, and L in block four (4) in said subdivision fronting Mackenzie Road may be used for the erections of multiple family dwellings, but nothing therein shall permit land on said frontages to be used for manufacturing purposes, hotels, trailer camps, motels, or highway automobile camps. All buildings erected upon the frontages in this paragraph set out shall be subject to the provisions hereinafter set out, as to building lines and types of buildings to be erected thereon. 3. Except for that portion of Block 1 in said subdivision fronting on Watson Road and that portion of Block 4 fronting on Mackenzie Road, lot in said subdivision shall at anytime during the continuance of these restrictions be used for any purpose other than the erection thereof a single family residence building; and provided further that all buildings erected on any lot in said subdivision shall be subject to the building line and building type restrictions as hereinafter set out. 4. In addition to all other buildings permitted on the several lots in said subdivision as hereafter set out, the respective owners thereof may erect thereon private garages for not more than three (3) cars and play houses for children. 5. No dwelling or residential structures costing less than seventy-five hundred dollars ($7500) inclusive of garage shall be permitted on any lot 2
in the subdivision. The ground floor area of the main structure exclusive of one story open porches and garages shall not be less than seven hundred (700) feet in case of a one story structure or less than sixhundred (600) square feet in the case of a one and one half or two story structure. 6. No trailer, basement, tent, shack, barn, or other out building erected in the tract shall at any time be used as residence temporary or permanently, nor shall any structure of a temporary character be used as a residence. 7. No building or structure of any kind exceeding two stories in height shall be erected, placed or permitted to on any plot or tract of land in said subdivision. On all lots in said subdivision restricted to single family residential use, not more than one detached single family residence building and a private garage for not more than three (3) cars shall be erected or permitted to remain on any one such lot. 8. No building shall be erected, placed, or altered on any lot or building plot in this subdivision, until the building plans, specifications, and plot showing the location of such buildings have been approved in writing as to conformity and harmony of external design and materials with existing structures in the subdivision and as to location of the building with respect to topography and finished ground elevation, by the Trustees hereinafter named or by representative designated by a majority of said Trustees. Said Trustees or their designated by majority shall have full authority to approve or disapprove such design and location. In the event said Trustees or their designated representative fails to approve or disapprove such design or location within thirty (30) days after said plans and specifications have been submitted to it or, in any event, if not suit, to enjoin the erection of such buildings or the making of such alterations have been commenced prior to the completion thereof, then approval shall not be required and this covenant will be deemed to have been fully complied with. 9. Dedication of all easements for utilities and sewers, for public use as shown on the plat of said subdivision in the records of the office of the Recorder of Deeds for the County of St. Louis, Missouri is hereby confirmed and affirmed. 10. No building shall be located nearer to the front line lot line or nearer to the side street line than the building set back lines, as shown on the recorded plat of said subdivision. In any event, no building shall be located on any single residential building plot near than thirty (3) feet to the front line nor nearer than fifteen (15) feet to any side street line. No building on any residential building plot shall be located nearer than five (5) feet to any side line of the plot on which said building is being erected. Commercial 3
or other buildings erected on the lots in Block One (1) fronting on Watson Road and in block four (4) fronting on Mackenzie Road shall not be placed nearer than twenty (20) feet from the rear line of said lots. Commercial buildings in block one (1) fronting on Watson Road shall not be placed or located closer than ten (10) feet to any side line of the plot on which the said building is being erected. Said ten (10) feet may be used as a driveway from front to rear of lots. No main residential or commercial building erected in said subdivision shall set back from any building lot more than fifty (50) feet. 11. No fences shall be erected on any plot of land in said subdivision in front of the rear line of the main building thereon. This shall include solid shrubbery hedges but shall not include planting of ordinary shrubbery. No fence erected in any part of said subdivision shall be higher than forty-two (42) inches. All fences made of open broad, wire, solid masonry and to location, design and materials thereof must be approved in writing by the Trustees as hereafter mentioned. 12. No residential structure shall be placed on any building plot which has an area of less than six thousand (6000) square feet or a width of less than fifty (50) square feet at the front building setback lines. 13. No noxious trade or activity shall be carried on upon any lot in said subdivision nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. 14. No fuel or heating device, heating plant, or equipment shall be used in any building or improvement in said subdivision which does not measure up to the standards set by, or qualify under the present smoke ordinance of the City of St. Louis, Missouri, known as Ordinance No. 41804, of the Revised Code of the City of St. Louis, 1936. 15. Name of the lots in said subdivision nor any interest therein nor improvements thereon, shall be sold, resold, conveyed, leased, rented to, or in any way occupied, or acquired by other than those wholly of the Caucasian Race, except occupancy thereof shall be permissible by non- Caucasian bonafide domestic servants or employees while employed by or living with families of the Caucasian Race residing thereon, or employed by employers of the Caucasian Race have business in said subdivision; and except that non-caucasian employees in public, public utilities, construction or delivery service shall be permitted to work thereon while in the regular pursuit of their duties of while employed by a Caucasian employer have a place of business at any place in said subdivision. 4
16. There is hereby appointed, established and confirmed by Grantor a Board of Trustees consisting of three (3) Trustees who shall serve for a period of three (3) years each, as Trustee of Portion of Villanova Subdivision lying in the County of St. Louis, Missouri. The first Board of Trustees are herewith named by the Grantor together with their term of service to wit: Walter E. Livengood 3 years Jesse E. Bishop 2 years Harry Menne 1 year The terms of service of the Trustees herein named shall commence to run from April 1, 1946, thereafter and commencing as of April 1, 1947, one Trustee shall be elected each year, as hereinafter set out, to serve for a term of three (3) years. All powers, duties, rights, obligations, and property or assets held or conveyed to the Trustees hereinafter, shall be by them held as joint tenants and not as tenants in common, and for and in behalf of themselves and their successors in interest and in trust only in their capacity as Trustees. 17. Commencing on March of 1947 and during the month of March of each year thereafter the Trustees or the survivors of them shall call a meeting of all the owners of lots in the St. Louis County portion of Villanova Subdivision as hereinbefore described, for the election of a trustee who serves for a period of three (3) years from April 1 st next thereafter, in lieu and in place of the Trustee, whose term shall then expire. Each lot shall be entitled to a single vote for Trustee by respective owner or owner thereof. A portion or portions of a full lot shall not be entitled to a vote unless such contiguous portions shall equal at least fifty (50) feet fronting on any street in said subdivision. At such meetings, the Trustees shall give a report of all receipts and expenditures made by them and of all receipts and expenditures made by them and of all work done by them and shall keep or cause to be kept minutes of such meeting. 18. The Grantor herein hereby and by these present, conveys, and confirms to the said Trustees or their successors in interest, as joint tenants and not as tenants in common, the parkway plots in said subdivision, (1) at the intersection of Watson and Mackenzie Roads, (2) and at the center of Villanova Plaza, (3) and the southwest intersection of South Villanova Drive and North Villanova Drive, in the center of Whitworth Court, as shown in the plat of said subdivision hereabove referred to, for public parks and for use and benefit of all these present and future owners of land in subdivision, also all sewers and appurtances thereto, not within the Webster Groves Sanitary Sewer District. This granting and confirming to said Trustees is made on conduction, that if and when the County of St. Louis desires any part or portion of the parkway area and entrance island at the intersection of Watson and Mackenzie Roads for widing purposes in said subdivision, then said Trustees or their successors, on request of the 5
County Court of St. Louis County shall dedicate or convey so much of said entrance island and parkway as shall be desired by said County for purposes without compensation. 19. Said Trustees and their successors shall have power and authority as and when they shall deem it necessary to do so or to cause to be done in the following work in and upon said subdivision and particularly that portion located in St. Louis County as hereinafter described: a. To maintain the parkways and to plant shrubbery and grass thereon. b. To erect and maintain street lights and to pay for current thereof. c. To install, pay for, erect, and maintain fire plugs and pay for the water to serve them. d. To maintain, repair and keep storm sewers. e. To collect and dispose of rubbish and garbage for the several owners of lots and residences therein, and to pay therefore. f. To keep the sidewalks clear of ice and snow and to pay therefore. g. To cause weeds and grass to be cut and lots to be kept free of trash and rubbish in all lots in said subdivision that are not occupied by owners. h. To maintain, repair and rebuild under the direction of the St. Louis County Health Department all sanitary sewers not within the Webster Groves Sanitary Sewer District, or sewers of the City of St. Louis, Missouri. i. To convey sanitary and storm sewers not within the Webster Groves Sanitary Sewer District or the City of St. Louis to such public agency that may in the future be created and vested with authority to install and maintain sewers, sanitary or storm, or a combination thereof. The enumeration of the above powers shall not constitute a limitation of the powers granted to the said Trustees, but they shall have all other powers herein enumerated and all power and authority to do all things incidental to the execution of their powers and authority. 20. In order that the Trustees may pay for all expenses and work undertaken by them, said Trustees are hereby authorized to make assessments upon each and all of the lots and parcels of land in said subdivision as hereinbefore described, and against the owners thereof, such assessment against each owner, in no event to exceed $20.00 per individual lot per year. Portions of lots shall be assessed in proportion to the assessment on full lots. All assessments shall be uniform and based on individual lots in said subdivision. Such assessments shall be made by the Trustees once during the year and as of June 1 st of each year a notice thereof shall be mailed to each owner of a lot in said subdivision. Approximately on May 1 st of each year such assessments shall be payable within 60 days of June 1 st of each year. Notices shall be mailed to the last known post 6
office address of each owner. Every assessment so made by said Trustees shall become a lien against any lot or parcel of ground of which it relates, whenever it so be described by the said Trustees by an instrument in writing executed and recorded in the office of the Recorder of Deeds for St. Louis County, MO. Such recording shall be taken to as a demand for payment and the amount during thereunder shall bear interest as hereafter provided. All assessments not paid as of June 1 st of each year shall bear interest from August 1 st of each year until paid. Any liens for assessments shall be subject to all mortgages, deeds of trust, and other liens already of record against any lot said subdivision, at the time of recording of such assessment. 21. Trustees herein names or hereafter elected shall serve without pay and they shall pay for all expenses incurred by them and shall have the right to employ such agents or servants as they may deem necessary in carrying out their duties hereunder. Trustees shall have the right to purchase and pay for liability insurance on themselves, their servants and agents, in connection with their duties herein enumerated. 22. The Trustees shall meet as often as they desire and they may act by an acquiescence of a majority of them. A quorum at any meeting of the Trustees shall be two. If any Trustee shall resign, die, refuse or become unable to act, the remaining trustees may appoint a successor Trustee to act in his place and stead until the next regular meeting of the lot owners in said subdivision, when a successor shall be elected. All elections of Trustees shall be a majority of votes cast at such meeting of lot owners. Twenty-five (25) percent of the lot owners by petition Trustees to call meetings at such times as designated by petitioners. 23. If the parties hereto or any of them or their heirs or assigns, or any present or future owners of holder of any interest in any of the Land in said subdivision or occupying any building in said subdivision shall violate or attempt to violate any of the covenants herein, it shall be lawful for the Trustees or any other person or persons owning any real property situated in said development or subdivision to prosecute and proceedings in law or in equity against the person or persons violating or attempting to violate and such covenant and either to prevent him or them from so doing or to recover damages or other dues for such violation. 24. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect nor shall the failure of the Trustees or any person or persons having a right thereto to enforce the obligations of these restrictions against a violation thereof, be construed as a waiver of the right of said Trustee or any such person or any other persons having a right thereto, to enforce or bring proceedings for the enforcement of all 7
similar or future violations. 25. All trusts created by this Indenture, including therein all the rights, powers and privileges granted to and duties imposed upon the said Trustees, shall vest in and inure to the benefit of, and may be fully exercised by the major part of them; provided that any successor chosen or appointed to fill a vacancy as provided in this indenture, shall, from and after the date of this acceptance of the position of Trustee, be included in determining who constitutes a major part of said Trustees, and wherever the word Trustee occurs in this indenture, it shall be held and taken to include their successors. Each of Trustees, and their successors duly elected or appointed, accept the trust upon condition that only each said Trustee shall be responsible only his wrongful acts or willful default and not one for the other or theirs, and upon the further condition that no Trustee hereunder shall ever be held personally liable for injury to persons or property by reason of any act or acts of commission or of omission by such Trustees, respectively or collectively. Any Trustee may at any time resign as such Trustee by instrument in writing, signed and acknowledged by him and filed for record in the Recorder s office of the County of St. Louis, Missouri. Thereupon his successor shall be elected as hereinbefore provided. IN WITNESS WHEREOF, the said Grantor has hereunto caused this indenture to be executed by its officers thereunto duly authorized and the Trustees have set their hands, all at the time first above written. Copy of Seal ********************************** * Villanova Realty Co. * Corporate Seal * St. Louis, MO ********************************** By: Villanova Realty Co. Walter E. Livengood, Pres. Jesse E. Bishop, Sec. Walter E. Livengood Jesse E. Bishop Harry Menne Trustees 8