Old Farm Estates Indenture

What follows are excerpts from the Old Farm Estates Indenture of Restrictions outlining the key elements that are of interest to homeowners.  The complete Old Farm Estates Indenture is available in two versions. The first is the complete, Legal Version that shows the original Restated Indenture from 1979 and all four Amendments. The second is a Compiled Version where all of the Amendments have been incorporated into the Indenture creating one, much more easily readable document. Please note, the Compiled Version is transcribed from the original documents and intended for reference purposes only. For legal purposes, reader is cautioned to review the original, Legal Version.

Legal Version                          Compiled Version

Indenture                                  Indenture

 

RESTRICTIONS

A.  Dwelling & Use - That no person may dwell in any garage, outbuilding, trailer, or other structures not designed as permanent or stationary, nor may any person use any of said lots for any purpose prohibited by law or for the commission of any nuisance.

 

B.  Single Family Residences - That all lots in said subdivision shall be restricted to one family residences only and to not more that one main building shall be erected on any lot in the subdivision.

 

C.  Animals - That no livestock, poultry or other animals (except dogs or cats and those only as household pets to a limit of two) may be kept in or on any part of any lot in this subdivision.

 

D.  Residential Use - That no residence or any portion of any lots shall be used as a boarding house, rooming house, club house or road house...for any purpose other than that of a single family residential dwelling, nor shall any residence, accessory building or any lot be used or devoted to any manufacturing, industrial or commercial activity whatsoever, nor shall any premises be used for any purpose prohibited by law or ordinance, nor shall anything be done on a premises which may be or become a nuisance; in the judgment of the Trustees, to the owners or inhabitants of lots.

 

E.  Inappropriate Dwellings, Trailers - No temporary building, trailer, tent, garage or outbuilding shall be at any time used as a residence temporarily or permanently, nor shall any lot owner be permitted to house or park a trailer on any lot.

 

F.  Fences - No fence of any kind may be erected on said lots without the prior consent of the Trustees.

Note:  Changes to the exterior of the property are controlled as described in paragraph D, of the "Trustees' Duties and Powers" section, excerpted herein and St. Louis county ordinances.

 

 

TRUSTEE'S DUTIES AND POWERS

A.  Enforcement - The Trustees or individual owners have general powers to enforce this Indenture of Restrictions bylaw. St. Louis County also provides homeowner assistance with the powers of enforcement.

 

B.  Enforce Indenture - To prevent any infringement and to compel the performance of any restrictions or law.  This provision is intended to be cumulative and not to restrict the right of any lot owner to proceed in his (or her) own behalf, but the power and authority granted to the Trustees is intended to be discretionary and not mandatory.

 

C.  Pro-Active Enforcement - To clean up rubbish and debris and remove grass and weeds from, and to trim, cut back, remove, replace and maintain trees, shrubbery and flowers upon any vacant or neglected lots, and the owners thereof may be charged with the reasonable expenses incurred.  The Trustees or officers, agents or employees shall not be deemed guilty or liable for any manner of trespass or any other tort for any such injury, abatement, removal or planting.

 

D.  Control and Approval of Changes - To 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 the said lots, proposed additions to such buildings or alterations in the external appearance of buildings already constructed, it being provided that no building or structures, fences detached buildings, outbuildings, accessory buildings, swimming pools, tennis courts or other structures, may be erected or structurally altered on any of the said lots unless there shall be first hand written approval of a majority of the Trustees to the plans. 

 

E.  Maintain the Quality of Old Farm Estates - To maintain an appropriate high character of the buildings and structures which may be erected on said lots. (they) shall be reasonably uniform in character.

 

K.  Maintain Property Values - The Trustees shall be empowered to intervene in any and all matters that in their judgment, could reasonably be expected to have an effect on property values in the subdivision, including, but not limited to zoning, variances from zoning, special use permits, road developments and traffic matters.