Proposed New Indentures

Proposed Changes or Additions to Royalwood Indenture

THIS IS A DRAFT. These have not been recorded with the Recorder of Deeds as yet. We are still operating under the original indentures from 1978. 

1. Various sections of this indenture from 1978 discuss "laying, constructing, maintaining 

and operating suitable supports or conduits for telegraph and telephone wires". This phrase 

"telegraph and telephone wires" is outdated and is hereby changed to "all telecommunication 

services".

2. Article III, Sec 3.10

The last sentence should read with 2 additions:

"Anything to the contrary notwithstanding, Common Ground may be dedicated to public use OR SOLD 

only upon ratification of such by 3/4ths APPROVAL vote of the lot owners affected by these Restrictions".

3. Article I was rewritten in its entirety and is replaced with new Article I.

4. Articles II A and B are unchanged except the wording as noted above in Item 1.

5. Article III, Sections 3.14 thru 3.17 have been totally redone in a single section 3.14 to address all 

the information on assessments in a more concise manner. The new Section 3.14 contains 4 parts, 3.141 thru 

3.144, and addresses the issues in the old Section 3.14 - 3.17.

6. Article IV was rewritten and restructured in its entirety.

7. Articles V thru VIII are unchanged.

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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ROYALWOOD SUBDIVISION 

A RESTATEMENT OF THE TRUST AGREEMENT AND INDENTURE OF RESTRICTIONS 

OF ROYALWOOD SUBDIVISION 

CHESTERFIELD, MISSOURI 

A RESTATEMENT OF THE TRUST AGREEMENT AND INDENTURE OF RESTRICTIONS OF ROYALWOOD 

SUBDIVISION is made by and between the Board of Trustees of the Royalwood 

Homeowners Association (Grantors) and the Royalwood Homeowners Association 

(Grantee) pursuant to the Trust Agreement and Indenture of Restrictions of 

Royalwood Subdivision, dated the 6th day of September, 1978 and recorded in 

Book 7097, Page 2178 et seq. in the St. Louis County Recorder of Deeds Office, 

Clayton, Missouri.

Whereas, Grantor is the duly elected Board of Trustees of the Association and is 

successor in interest to the several Trustees created and appointed by the 

original Indenture. 

Whereas, Grantee Association is the representative homeowners 

association in which all Lot Owners in the Subdivision are members and Grantee is 

owner of the Common Ground described on the plats of the subdivision as filed in 

the St. Louis County Recorder’s records. 

Whereas, Article V of the Indenture

provides that the “record owners of the lots made subject to these Restrictions 

may, by two-thirds vote of said owners, amend, modify, remove or release, in

whole or in part, any of the restrictions herein created or may impose any new 

and additional restrictions, which shall be applicable to Site provided: First, 

that no such amendment shall become effective until an appropriate instrument 

executed and acknowledged by those persons approving same, shall be duly recorded 

in the St. Louis County Recorder’s Office and Second, that whenever any vote is

 hereunder required, the record owner or owners of each single family residence 

lot shall be entitled to one (1) vote.” 

Whereas, Grantor wishes to revise and amend the Trust Agreement and Indenture of 

Restrictions to better meet the needs of the Property and owners. 

Whereas, there are sixty-two (62) lots subject to the Trust Agreement and 

Indenture.

Whereas, owners of the lots have executed a written ballot consenting

to adoption of this Declaration. 

Now, therefore, the Trust Agreement and Indenture of Restriction for Royalwood

Subdivision, St. Louis County, Missouri, as Recorded at Book 7097, Page 2178 

et seq., in the St Louis County Recorder of Deeds Office is hereby amended as 

follows:

TRUST AGREEMENT AND INDENTURE OF RESTRICTIONS 

OF 

ROYALWOOD SUBDIVISION (ORIGINAL)

THIS INDENTURE, made this Six day of September 1978 and between ROYALWAY  

DEVELOPMENT COMPANY, a Missouri Corporation, herein called "OWNER" and DAVID L.  

KENNY and LEONARD KIEM and SIDNEY LIBRACH, all of St. Louis County, Missouri,

herein  called "TRUSTEES". 

WI T N E S S E T H: 

WHEREAS, Owner is vested with fee simple title to a certain tract of land situated 

in St. Louis  County, Missouri, herein sometimes referred to as "SITE", being more 

particularly described as  follows, to wit:

PARCEL 1: A parcel of land in U. S. Surveys 1911, 366 and 370, Township 45 North,

Range 4 East St. Louis County,  Missouri, and being more particularly described 

as: Beginning at a point in the South right-of-way line of Missouri  State Highway 

40 and 61; said point being 150 feet Southwardly of and at right angles to the 

centerline of Missouri State Highway 40 and 61 station- 425+00, thence along the 

South line of Highway 40 and 61 South 76 degrees 22  minutes 10 seconds East 1494.

06 feet to a point, thence leaving the South line of Highway 40 and 61 South 02  

degrees 16 minutes 50 seconds West 523.50 feet to a point, thence North 84 degrees 

13 minutes 09 seconds West  42.90 feet to a point, thence South 53 degrees 01 

minutes 49 seconds West 127.00 feet to a point in the centerline of Creve Coeur 

Creek, thence Westwardly along the centerline of said creek following its 

meanderings to its  intersection with the centerline of Cole's Branch, thence 

Northwardly along the centerline of said Cole's Branch to  its intersection with 

the South line of State Highway 40 and 61, thence along the South line of Highway 

40 and 61,  North 89 degrees 35 minutes 39 seconds East 58.14 feet to a point, 

thence South 76 degrees 22 minutes 10  seconds East 250.00 feet to a point, thence 

South 28 degrees 38 minutes 35 seconds East 74.33 feet to a point,  thence South 

76 degrees 22 minutes 08 seconds East 100.00 feet to a point, thence North 86 

degrees 55 minutes  50 seconds East 208.81 feet to the point of beginning.

PARCEL 2: A parcel of land in U.S. Surveys 1911, 366 and 370, Township 45 North, 

Range 4 East, St. Louis County,  Missouri, and being more particularly described 

as: Beginning at a point in the South line of Missouri State Highway 40 and 61, 

said point being 180 feet Southwardly of and at right angles to the centerline of 

Missouri State Highway  40 and 61 station 418+00, thence along the South line of 

Highway 40 and 61 North 75 degrees 44 minutes 19  seconds West 541.17 feet to the 

actual point of beginning, thence South 71 degrees 29 minutes 00 seconds West  

159.65 feet to a point, thence South 84 degrees 17 minutes 00 seconds West 159.20 

feet to a point, thence North  32 degrees 17 minutes 00 seconds West 202.33 feet 

to a point in the South line of Highway 40 and 61, thence  along the South line of 

Highway 40 and 61 South 75 degrees 32 minutes 12 seconds East 173.20 feet to a 

point,  thence South 81 degrees 58 minutes 12 seconds East 251.25 feet to a point, 

thence South 13 degrees 37 minutes  50 seconds West 25.00 feet to a point, thence

South 75 degrees 44 minutes 19 seconds East 8.85 feet to the actual point of 

beginning. 

PARCEL 3: A tract of land in U.S. Surveys 1911, 366 and 370, Township 45 North 

Range 4 East and described as:  Beginning at a point in the South line of Missouri 

State Highway 40 and 61, said point being 180 feet Southwardly of  and at right 

angles to the centerline of Missouri State Highway 40 and 61 station 418+00, 

thence along the South line  of Highway 40 and 61 North 75 degrees 44 minutes 19 

seconds West 110.10 feet to the actual point of beginning,  thence South 23 

degrees 24 minutes West 21.43 feet to a point, thence North 46 degrees 11 minutes 

West 42.89 feet to a point, thence South 75 degrees 44 minutes 19 seconds East 

40.72 feet to the actual point of beginning.  

and WHEREAS, this Indenture is established for the purpose, inter alia, of 

complying with St. Louis County Ordinances applicable to Site, and 

WHEREAS, Owner intends to develop and improve the above described Site in part with  

residences, and in part with recreation and open space area for the common use and 

enjoyment  of the occupants and owners of said residences, and 

WHEREAS, Owner has caused a part of said Site to be laid out and platted as a 

subdivision  to be named ROYALWOOD SUBDIVISION, the plat of which has been 

recorded in the office of the  Recorder of Deeds within and for St. Louis County,

Missouri, in Book 185 at Pages 6 and 7 of said records, said subdivision being herein 

referred to as "PLAT", and 

WHEREAS, Owner has caused, or will cause, to be constructed and laid out upon a 

part of  said Site an open space area intended to be used for, by way of example, 

and not by way of  limitation, recreation area and park purposes, said open space 

area being herein referred to as  "Common Ground", said Common Ground being 

identified and more particularly described on  said Plat;

WHEREAS, there has been designated and recited on Plat certain public streets and 

also  certain easements which have been provided for the purpose of constructing, 

maintaining, and  operating sewers, pipes, conduits, poles, wires, and other 

facilities and utilities for the benefit of  the Owner or Owners of the lots shown

on said Plat, and for the use of such others as may be  later designated by Owner 

herein; and 

WHEREAS, it is the purpose and intent of the Owner and of the Trustees 

that said  Subdivision (Plat) and any other single family residence subdivision as

may be created and  established upon Site, or upon any part thereof, shall in 

conjunction with Common Ground be and remain a first class, integrated, single 

family residence project, and 

WHEREAS, all reservations, limitations, conditions, and covenants herein contained,

any and  all of which are herein referred to as "RESTRICTIONS", are made jointly 

and severally for the  benefit of all persons who may purchase, hold, or own, from 

time to time, any of the several lots  which may be hereafter platted or created 

upon Site and made subject to these restrictions, and  for the benefit of Owner,

 and their respective tenants, invitees, successors, and assigns; 

NOW, THEREFORE, in consideration of the premises and the sum of One Dollar ($1.00) 

to them in hand paid by Trustees, the receipt of which Owner hereby acknowledges, 

and with the  agreement and consent of Trustees to act as such hereunder, Owner 

hereby grants, bargains, and  sells, conveys and confirms unto said Trustees, as 

joint tenants and not as tenants in common,  and unto their successors in trust, 

so long as this Indenture shall remain in force and effect: 

(A) All the strips of land shown on Plat (and as may hereafter be shown on  

subsequent plats filed of record subdividing Site) for public utility easements,  

storm water sewers and drainage facilities.

(B) Easements in, over, upon and across such portions of Plat (and of such portions  

of such subsequent plats as may be filed of record subdividing Site) as may be  

now or hereinafter designated as streets and roads, as follows: The rights,  

benefits, and advantages with said (Plat) Subdivision of having ingress and egress  

from and to, over, along, and across easements, storm water sewers and  

drainage facilities, and of appropriately beautifying, maintaining and controlling  

the movement of traffic over the same; also of constructing, maintaining,  

reconstructing and repairing sewer, gas and water pipes and connections  

therewith on said roads, streets and driveways; also of using the same for  

highway purposes of every kind and of regulating the use thereof in the interest  

of health, welfare and safety of present or future residents of said Subdivision;  

and of laying, constructing, maintaining and operating thereupon, either above  

or underground, suitable supports or conduits for electricity , all  

telecommunication services, and suitable pipes, conduits, or other means of  

conducting steam, electricity, hot water or other useful agencies; 

(C) And Owner does also create and grant to said Trustees, their Successor or  

Successors, easements in, over and upon and across such portions of said land as  

may be used for residential or other purposes as follows: The rights, benefits and  

advantages of having egress and ingress to and from, over, along and across any  

of such land for the purpose of performing any of the rights and duties in this  

Indenture contained; and of laying, constructing, maintaining and operating over, 

along and across any of said land used for any such residential or other purpose,  

either above or underground, suitable supports or conduits or other means of  

conducting sewage, steam, electricity, water, or other useful agencies, provided,  

that none of the supports, conduits, pipes, devices or other appliances shall  

interfere with the lawful construction of any building or structure on said  

property, and that said easements shall terminate at the exterior foundation wall 

of any building structure. 

(D) Common Ground, together with such improvements as are now or may hereafter be 

erected and constructed thereon, and the designated Common Ground in any plats 

hereafter recorded covering any land contained within said Site; 

TO HAVE AND TO HOLD the same to said Trustees and their Successors in Trust, IN 

TRUST, for  the Owner and the present and future owners of each of the said lots 

in said Plat, and said lots and all of  them shall remain forever subject to the 

burdens and entitled to the liens involved in said easements and Owner, for 

itself, its Successors and Assigns, and for and in behalf of all persons who may 

hereafter derive  title by, under and through Owner, for itself, its Successors 

and Assigns, to any part of said Subdivision  (Plat), hereby provides that the 

liens and burdens of said easements, and restrictions shall be, run with, an

d remain attached to. each of the lots in said Subdivision (Plat) as appurtenant 

thereto, provided, however, that said easements are created and granted subject to 

the power and rights granted to the said Trustees by this Indenture, and shall be 

availed of and enjoyed only under and subject to such reasonable  rules and 

regulations as said Trustees and their Successors may make and prescribe or as may 

be made  and prescribed under and by authority of the provisions of this Indenture. 

Article I 

Selection of Trustees and Terms, Meeting of Lot Owners 

Sec. 1.01 The Trusts and Restrictions set forth in this Indenture shall continue 

and be binding upon Trustees and upon their Successors and Assigns for for a 

period of thirty (30) years from the sixth (6th) day of September,1978 and shall 

automatically be continued thereafter for successive periods of fifteen (15) years 

each; provided, however, that the fee simple record owners of the lots now subject 

and hereafter made subject to these Restrictions, by two-thirds vote of those 

entitled to vote, may terminate the trusts or release all of the land restricted 

thereby from any one or more or all of said Restrictions at the end of said thirty 

(30) year period, or of any succeeding fifteen (15) year period thereafter, by 

executing and acknowledging an appropriate agreement or agreements in writing for 

such purposes and filing same for record in the office of the Recorder of Deeds of 

St. Louis County, Missouri. The thirty year period ends September, 2008 and 

subsequent 15 year periods end September, 2023, September, 2038, September, 2053 

and so on.

Sec. 1.02 All Trustees are constituted from resident owners of lots encumbered by 

this Indenture. 

Sec. 1.03 Trustees shall be elected at the annual meeting of Homeowners by majority 

vote of the lot owners present at the meeting provided that there is, at least, a 

quorum of lot owners represented either by their presence or by written proxy. One 

third of the lot owners shall constitute a quorum. Owners of lots shall be 

entitled to one (1) vote per each single family lot owned.

Sec. 1.04 Beginning in September 2023, the three Trustees shall serve 1, 2, and 

3 years respectively in order to obtain continuity of Trusteeship. Thereafter, 

each Trustee shall serve a term of 3 years. 

Sec. 1.05 Any Trustee shall have the right to resign at any time upon giving 

notice to the remaining Trustee(s). Whenever any Trustee so resigns, or refuses 

to act, or becomes unable to act through disability or death, or whenever any 

Trustees becomes disqualified to act through sale of his/her lot in the Subdivision, 

the remaining Trustee(s) shall have the power to appoint a successor or successors 

for the unexpired portion of the term(s); provided the successor so appointed is 

a lot owner in the Subdivision. If any such appointed lot owner sells his/her lot, 

he/she shall cease to be a Trustee and his/her successor shall be appointed in 

the same manner by the remaining Trustee(s). If all the Trustees retire or cease 

to act as Trustees, then the lot owners in the Subdivision shall appoint new 

Trustees at a meeting of the Subdivision.

Sec. 1.06 In the event the office of any Trustee herein becomes vacant, and such

vacancy, for any reason, is not filled by appointment or election as herein 

provided, then the owners of not less than fifteen (15) per cent of the lots 

encumbered by this Indenture, may, by giving notice (by US Mail , postage prepaid, 

directed to all of the lots owners encumbered by this Indenture, or by personal 

delivery) hold a special election not less than thirty (30) days after the date 

of giving such notice, for the purpose of filling such vacancy. Such vacancy 

shall be filled by the majority vote of those lot owners attending the election. 

The record owners of each lot shall be entitled to one (1) vote in the aggregate. 

If, prior to filling any vacancy by election, such vacancy is filled by appointment 

pursuant to the terms of this Indenture, such election need not be held and shall 

be called off.

Sec. 1.07 The Trustees shall hold at least one annual meeting for all lot owners 

at which time they will report on their activities from the preceding year including

an itemized balance sheet of Subdivision funds showing the previous year’s income 

and expenses. Such meeting will take place in the month of September in the City of 

Chesterfield at a time and location designated by Trustees. Both written and digital 

notice shall be sent to each current lot owner at least thirty (30) days prior. 

Representation by presence or by proxy of at least one third of the lot owners 

shall constitute a quorum for electing Trustees or for any business purpose coming 

before a meeting unless otherwise stated in this document.

Sec. 1.08 The actions of a majority of the Trustees shall bind all the Trustees.

All persons, with respect to approval of plans and specifications shall be entitled 

to rely, conclusively upon the written approval thereof by any one Trustee, as 

constituting the approval of a majority of the Trustees.

Sec. 1.09 Generally, the Trustee Committee shall have a Chairman, Secretary and 

Treasurer whose duties will be decided among themselves. 

Sec. 1.10 Trustees shall not be entitled to any compensation or fee for services 

pursuant to this covenant.

ARTICLE II

General Trustee Guidelines 

The Trustees shall keep said roads, circles, parking areas, walks, and Common 

Ground open at all times  for the use and benefit of the owner or owners of 

the various building and residences now constructed  or hereafter constructed 

upon Site and for the use and benefit of the Lessees, Tenants and licensees of  

the owner of said residences and for the benefit of their invitees. Such use 

shall always be subject to the general rules and regulations hereafter 

established or prescribed by the Trustees and subject to.  the established 

charges therefore. The Trustees shall have, to exercise as they, in their sole 

discretion  deem best, the power, to make, improve and construct and reconstruct 

the roads, circles, walks,  parking areas, and Common Ground as are now 

constructed or may hereafter be constructed upon Site  and conveyed to Trustees, 

and to maintain and repair the same, to regulate the use thereof, and to  

provide for the proper lighting, policing, and protection of same, and to 

construct and maintain, or  permit others to construct and maintain, overhead 

or underground transmission systems and pipes,  conduits and other means for 

the transmission of electric , all telecommunication services, and gas,  steam, 

water and other useful agencies, storm and foul water systems, for the benefit 

of Site and the  Owner, Owner's Tenants and Lessees, and their invitees, and 

for the benefit of the aforesaid lot  owners, and their invitees all herein 

sometimes referred to as "USERS". 

No building improvements or structures shall be constructed upon the Common 

Ground located in street  cul de sac areas, except in compliance with the 

provisions in the legend on the Plat for said subdivision. 

Paragraph A

Sec. 2.01 - Trustees shall have the right at all times to construct and 

maintain, or permit others  to construct and maintain, in or over the 

easement strips delineated on plat, and upon such easement  strips as 

Owner may hereafter designate by appropriate plat or instrument of 

record, walks, overhead or underground transmission systems for the 

transmission of electric, all telecommunication services, and  gas, 

steam, water and other useful agencies, and storm and foul water 

systems for the benefit of Users. 

Sec. 2.02 - The Trustees shall provide for and forever secure to Users, 

and each of them, the  right, benefit, and advantage of having ingress 

and egress from and to, over, along, and across such  roads, circles, 

walks, parking areas, and Common Ground, provided that the use thereof 

shall be subject  to general rules and regulations hereafter established 

or prescribed by the Trustees.

Sec. 2.03 - The Trustees shall provide that no persons, firm or 

corporation shall at any time  obstruct or occupy any part of the roads, 

circles, walks, parking areas and Common Ground areas with  building 

materials, soil or other objects calculated to prevent free passage to 

Users. 

Paragraph B

The rights and easements herein granted are to be easements in fee annexed 

to and forever to  continue to be annexed to and passing with and inuring 

to Site or any part or subdivision thereof as appurtenances thereto, and said 

Site and every part thereof are to forever  remain subject to the burdens and 

entitled to the benefits involved in said easements, except as  herein otherwise 

provided, and it is hereby expressly agreed that the rights and easements and 

each  of them are created and granted subject to the powers and rights granted to 

Trustees in Article III of  this Indenture, and to the provisions of Article IV 

hereof, and shall be availed of and enjoyed only and  subject to such reasonable 

rules and regulations as Trustees or their Successors may from time to time make 

and prescribe, or as may be prescribed under and by authority of the provisions 

of Article IV;  and none of the things, power to do which is hereinafter 

conferred upon Trustees or their Successors,  shall be done (unless otherwise 

in this Indenture provided), excepting by and through Trustees or their 

Successors, or with their written permission. 

ARTICLE III

Rights, Authorities, Powers, Interest and Duties of Trustees

Trustees and their Successors as Joint Tenants and not as Tenants in Common, 

shall for and  during the period of the trust and of the said restrictions 

have the following rights, authorities, powers,  interests and duties:

Sec. 3.01 - To construct, reconstruct, maintain and repair the streets, 

gutters, and curbing, or  any of them, in and upon the aforesaid roads, 

places, circles, walks, parking areas, Common Ground  and structures; 

to plant, grow and preserve trees and shrubbery in any appropriate spaces 

in or upon  or adjacent to said roads, places, circles, walks, parking 

areas, and Common Ground; and to construct  lay, maintain, reconstruct 

and repair proper and sufficient sewer systems, gas and water pipes and  

other pipes and conduits and connections therewith, and overhead and 

underground transmission  systems for conducting electricity, all 

telecommunication services in or upon the said roads, places,  circles, 

walks, parking areas and Common Ground, and in or upon the easement 

strips shown on Plat,  or upon those hereinafter established upon Site, 

and all of the said rights and powers shall apply to and be exercised 

upon or with respect to such like improvements and conveniences as may

be made by  Owner. Trustees shall also have the power, by way of example 

and not by way of limitation, to  construct, reconstruct, maintain, and 

repair recreation buildings, and other recreation facilities in the  

Common Ground, and the right to construct, reconstruct, maintain and 

operate upon any part of the  Common Ground, lakes, planting islands, 

bridges, fences, sculptors, landscaping improvements of any  type, 

character, or description, and other recreation facilities. And it 

shall be the duty of the Trustees  to levy assessment for, contract 

for and make any or all of the improvements herein authorized.

Sec. 3.02 - To grant to such person or persons, corporation or 

corporations, and for such time  as they, the Trustees, or their 

Successors may deem best, the right to enter upon said roads, 

circles,  places, parking area, walks, common areas, and Common 

Ground, or any of them, or the easement  strips shown on plat, 

or those hereafter established on Site, and erect and maintain 

overhead and  underground transmission systems for conducting 

electricity or telecommunication services, and to construct and 

maintain therein suitable pipes or conduits or other means to 

conduct water, gas, steam, and other  useful agencies and to 

supply the same for the use and benefit of Owner and Users. 

Sec. 3.03 - To light, police, sprinkle, oil, clean or resurface 

said roads, circles, walks, places,  parking areas, common areas 

and Common Ground, and clean storm sewer systems, pipes, conduits 

and connections therein; to preserve, maintain and keep open the 

same and the connections,  entrances and exits of the same whenever 

necessary to do so by appropriate legal proceedings; also to pay 

the general and special taxes which may be assessed against the 

same; also to receive, hold,  convey, dispose of and administer in 

trust for the purpose of this Indenture, any gift, grant,  

conveyance or donation of money or real or personal property, 

and generally to do whatever else  may to the Trustees or their 

Successors deem to be necessary with respect to said roads, circles,  

places, parking areas, walks, common areas, and Common Ground, 

including the collection,  removal, carrying away and disposal of 

garbage, rubbish, and ashes from the said roads, places,  circles, 

walks, common areas, and Common Ground, and in and from the Site, 

and to make proper  contracts therefor, covering such periods of 

time as the Trustees may deem best. 

Sec. 3.04 - To make provision with the St. Louis County Water 

Company to furnish water for  use upon any part of the Site. 

To make provision with any fire district, municipality or person 

for  protection against loss or damage by fire of improvements 

now or hereafter erected upon Site, and  for the sprinkling, 

washing, and cleaning of the roads, places, avenues, circles, 

walks, parking areas,  common areas, Common Ground, and the 

curbing and guttering, or the watering of trees, grass and  

shrubbery thereon, or for any other use thereon by the Trustees 

deemed necessary or proper, and  also for use in cleaning and 

flushing sewers in the Site, and also for any other uses in 

said Site which  the Trustees may from time to time deem necessary 

or proper, and to enter into any contract or  contracts with 

respect to such water and the furnishings thereon and the payment  

therefore as the  Trustees may deem proper. And the Trustees 

may install and keep in operation and repair water and  

fire plugs, police signal systems and connections in said 

roads, places, avenues, circles, walks, parking  areas, 

common areas, and Common Ground, and may install and keep in 

operation and repair any  facilities constituting a part of 

the common area or Common Ground, including, but not by way 

of  limitation, improvements calculated to improve the aesthetic 

appearances of Site. 

Sec. 3.05 - Also, to convey and grant to others outside of the 

Site, but subject always to laws  and ordinances applicable to Site, 

the right to use the roads, places, avenues, circles, walks, parking  

areas, common areas, and Common Ground, storm sewer systems, water 

and gas pipes, and other  pipes and conduits, and the overhead 

and underground transmission systems, or any of them, which  

may at any time from time to time be in the aforesaid roads, places, 

avenues, circles, walks, parking areas, common areas, and Common 

Ground, or in the easement strips shown on Plat or in those  

hereafter established on Site, the terms of and compensation for such 

use or uses to be agreed upon between the Trustees or their Successors, 

or determined as may  be provided by law or ordinance. The compensation 

received for such use or uses shall be held and  expended as necessary 

by the Trustees or their Successors, for the maintenance, repair, 

lighting, cleaning,  policing, sprinkling, improving, and beautifying 

of such roads, places, avenues, circles, walks, parking  areas, easement 

strips, common areas, and Common Ground, and the storm sewers and other  

improvements located within, upon and about the Site as the Trustees 

may deem necessary or proper;  provided, however, that any such right 

or use granted to others shall be in common with the right to  those 

in the said Site and shall not be conveyed or granted as to any storm 

sewer or gas pipe or any other  pipe or conduit, unless the capacity 

of the sewer or pipe or conduit to be affected shall be ample to  

accommodate the rightful use thereof by those in the Site and such 

additional use. 

Sec. 3.06 - Also, to cut, remove, and carry away from all vacant land 

areas in the Site and  properly dispose of all weeds and unsightly grasses 

or other growths, as well as rubbish, filth and  accumulations of debris 

and other things tending to create unsightliness or untidiness; this may 

be  done at the expense of the trust, or if the owner of such land fails, 

omits, or refuses, after 10 days  written notice delivered to such owner 

or posted on such land, to remedy such condition, at the  expense of the 

owner of such land, on whose land such expense is incurred, by special 

assessment  against him, as the Trustees may determine; the right to 

prescribe the type and location of rubbish  containers, and the method 

manner, and means of rubbish disposal. 

Sec. 3.07 - To transfer and convey to any public authority any sewer system, 

storm sewer  pipe, water pipe, or other pipe or conduit and appurtenances 

which may heretofore or hereafter have  been constructed by Owner or by the 

Trustees, and to receive money considerations therefor, but all  such money 

considerations shall be paid over and delivered by the Trustees to Owner, 

and the Owner  hereby reserves unto itself, its Successors and assigns, 

the right to receive and retain for its own use  and benefit any money 

so paid over and delivered to it for or on account of such improvements.

Sec. 3.08 - To prevent, as Trustees of an express trust and for the benefit 

of other owners of  any part of the Site, any infringement or compel for 

performance of any covenants or restrictions in this Indenture contained 

and to prescribe and enforce rules and regulations with respect to the 

use of the  roads, places, avenues, circles, walks, parking areas, 

common areas, Common Ground, and/or sewers,  sewer pipe, water, gas 

or other pipe and appurtenances, and overhead or underground transmission  

systems or any of them. 

Sec. 3.09 - To prohibit heavy hauling over, upon or along said roads, places, 

avenues, circles,  and parking areas, and to prohibit speeding or racing and 

regulate speeds thereon; to prohibit the obstruction of said roads, places, 

avenues, circles, parking areas, and  walks by storage of materials or otherwise.

Sec. 3.10 - To dedicate, at any time, to public use, the roads, places, avenues, 

circles, walks, parking areas, easement strips, common areas, and Common Ground, 

or any part thereof in said Site. Whenever any road, place, walk, avenue, circle, 

parking area, common area, or Common Ground, or any part thereof, is dedicated to 

public use, or is condemned and taken by  public authority, then the powers and 

duties of the Trustees with respect to the same shall cease, but the restrictions 

by this Indenture imposed upon the Site shall nevertheless continue in full force 

and  effect until the termination thereof, as provided in Article IV. Unless the 

Trustees dedicate the  roads, places, avenues, circles, easement strips, parking 

areas, common areas, walks, Common  Ground, or any of them, to the public for 

public use as hereinabove provided, the Trustees shall hold  the same perpetually 

upon the trusts herein provided for the use and benefit of the Owners of the  

land and improvements in said Site. If any moneys are received by the Trustees as 

compensation for  roads, places, avenues, circles, walks, parking areas, easement 

strips, common areas, Common  Ground, or any part thereof taken in condemnation 

proceedings, the amount so received shall be  applied to the payment pro rata of 

and damages which may be assessed against any of the land  owners in said Site, 

and the surplus, if any, shall be held by the Trustees and shall be used for 

general  purposes of the trust, the same as funds collected under Section 3.14 

of this Article III. Anything to  the contrary herein notwithstanding, Common Ground 

may be dedicated to public use or sold only  upon ratification of such dedication or 

sale by a three- fourths (3/4ths) vote of the lot owners  affected by these Restrictions.

Sec. 3.11 - To enter upon the said roads, walks, places, avenues, circles, parking area,  

common areas, Common Ground and easement strips for the purpose of doing the things 

herein  specified, or any of them. 

Sec. 3.12 - In exercising the powers, rights and privileges granted to them, and in 

discharging the duties imposed upon them, to, from time to time, employ agents, 

servants and laborers as they  may deem necessary, and employ counsel and institute 

and prosecute such suits as they may deem  necessary or advisable, and defend suits 

brought against them or any of them in their character or  capacity as Trustees.

Sec. 3.121 - To consent to the encroachment upon or to the partial or full vacation 

of any  easement created or established herein, or hereafter created or established 

upon Site, where in the  opinion, judgment, and discretion of the Trustees, such 

encroachment or vacation is desirable by  reason of errors in construction layout, 

surveys, or building location, or otherwise reasonably  necessary or desirable; 

provided, however, in cases of martial vacation of any easement, the  remaining part 

thereof shall be reasonably adequate for the purpose for which same shall have been  

created, and provided further, in the cases of full vacation of any easement, that 

there is no longer  reasonably utility, or purpose therefor, or that a substitute 

easement is established concurrently with such vacation. 

Sec. 3.122 - To reconvey to Owner, its Successors and assigns, upon the written 

demand of  such Owner, its Successors or assigns, always however subject to the 

restrictions herein imposed  thereon, governing the use, maintenance, and operation 

thereof, the common recreation areas and  park areas and facilities located therein, 

said common recreation 

areas, and Common Ground, having herein initially been conveyed to Trustees, for the 

purpose of imposing these  restrictions thereon, and securing to present or future 

holders of any Deed of Trust upon residence buildings, in  the Site, and unto their 

Successors and Assigns, the continuing right to use and enjoy the recreation facilities  

situated in and located upon such common recreation area or Common Ground.

Sec. 3.123 - To construct, reconstruct and maintain fences on the out-boundary property  

lines of Site. 

Sec. 3.124 - The right to use the Common Ground for such purpose(s) as in the sole judgment  

of Trustees, the Trustees may decide, provided such use is for the common use of all lot 

owners. The  right to grant road or utility or other easements to third parties outside of 

the subdivision.

Sec. 3.125 - The right to contract with any person or persons for the management of the  

Common Ground, or any part thereof, upon such reasonable fee or management basis and terms 

as the  Trustees, in the sole discretion of Trustees, may approve.

Sec. 3.126 - The right to lease to any person or persons the Common Ground, or any part  

thereof, upon such terms and conditions as the Trustees, in their sole discretion, may 

approve, provided  that such lease shall not impair the rights of persons claiming under

Owner to use the Common Ground  subject to such rules and regulations as said lease 

agreement may provide. 

Sec. 3.127 - The right to authorize and permit, subject to such reasonable rules and  

regulations as the Trustees may promulgate, the Tenants, Licensees, Invitees, and 

Permittees of the  Owner of any lot or lots established in the Site, to use the Common Ground.

Sec. 3.128 - The right to render, from time to time, other land adjacent to and contiguous  

with Site, subject to and subservient to this Agreement and Indenture, by appropriate legend 

on a plat of the land intended to be made subject to this Agreement and Indenture, or by 

filing an appropriate other  instrument of record effective to make such land subject to 

this Agreement and Indenture. 

Sec. 3.13 - To avail themselves of and exercise the rights and powers herein granted to them,  

provided that nothing herein contained shall be taken to compel the Trustees to make any payment 

or  incur any liability in excess of the amount, which shall for the time being be in their 

hands as the result of assessments made against any of the owners of land in the Site, as 

hereinafter provided.

3.14 Assessments 

In order to provide the means necessary to make payments and perform the duties and avail 

themselves of and exercise the rights and powers aforesaid, and to secure the various ends 

contemplated and intended to be affected by means of this Indenture (other than the special 

assessments referred to in Section 3.142 of this Article III), the Trustees are hereby 

empowered to collect each year from and after the date of this Indenture, from the owners 

of any lots which may hereafter be created upon and within said Site, a sum of money sufficient 

for all the general purposes herein recited. 

3.141 General Annual Assessment

(a) The general annual assessment for 2023 and thereafter is three hundred fifty ($350.00) 

dollars per Single Family Residence. On each fifth (5th) anniversary after September 6, 2023 

(September 6, 2028, September 6, 2033, etc) said sum shall be subject to increase or decrease 

by the Trustees at their sole discretion according to the CPI Inflation Calculator tool of 

the United States Bureau of Labor and Statistics which uses the Consumer Price Index for 

all urban Consumers (CPI-U) U.S. City average series for all items. This tool is readily 

available online. 

(b) Taxes, sewer assessments, water, gas, electric and other utility charges which may be 

assessed against or charged for roads, places, avenues, circles, parking areas, easement strips, 

common areas and Common Ground, and the cost of operating ,repairing and maintaining, including 

the reconstruction, if necessary, of any common area, parking area, Common Ground, roads, 

places, avenues, circles, walks and improvements located thereon, herein conveyed to the 

Trustees and Title to which shall be held by the Trustees, shall be paid out of the funds 

collected in accordance with this paragraph. The Trustees shall also be authorized to 

expend money for collection of assessments and keeping of the books of account, and they 

are also authorized to purchase and carry insurance to protect them against claims for

personal injury or death, or for damage to property, sustained by anyone as hereinbefore 

provided, and to purchase fire and extended coverage insurance insuring any property owned 

by them in their capacity as Trustees. Any amounts so expended for insurance shall be 

included in the expenditures for general purposes. 

(c) If the annual assessment for general purposes as previously fixed by the Trustees is 

insufficient to provide for all such general purposes, the Trustees may levy and collect 

additional assessments from time to time for general purposes, but that would be a special 

assessment and governed by the specifications in paragraph 3.142.

3.142 Special Assessments 

(a). Whenever the assessments herein authorized under Section 3.141 are insufficient to defray 

the costs of the expenses enumerated in 3.141, the Trustees may request a special assessment 

to cover such excess costs. 

(b). If at any time the Trustees shall consider it necessary to make any expenditure requiring 

an assessment additional to the assessments used for the general purposes recited in 3.141, they 

shall submit in writing, to the owners of all the lots, for approval, an outline of the plan 

for the project contemplated and the estimated amount required for its completion. Such project 

and cost must be approved, either at a meeting of the lot owners duly called and held in the 

manner provided in reference to the election of Trustees(Section 1.03), by two-thirds (2/3)

majority vote of all those entitled to meet at such a meeting , or by written consent of 

three-quarters (3/4) majority of the lots. There shall be one (1) vote per lot. The Trustees 

shall notify all lot owners, in writing, upon the approval of additional assessments and projects. 

(c) No special assessment shall become effective until approved by two-thirds (2/3) vote of the 

record owners of any and all lots subject to these Restrictions After this final vote of approval, 

the Trustees will send payment notices to all lot owners. 

3.143 Payment of Assessments

All assessments, either general or special, made by the Trustees for purposes hereinabove enumerated 

shall be made in the following manner, to-wit: 

(a). Notice of all assessments shall be given by certified mail addressed to the last known or usual 

post office address of the record holder of the fee simple estate and deposited in the United States 

mail with postage paid, or may be hand delivered. 

(b). Every assessment shall become due and payable within sixty (60) days after notice is given. 

From and after the date when said payment is due, it shall bear interest at the maximum legal 

rate until paid. Such payment and interest shall constitute a lien upon said lot upon which the 

residence is situated, and said lien shall continue in full force and effect until said amount 

is fully paid. 

(c). If after default, the same shall have been placed in the hand of any attorney or agency for 

collection, the fee of such attorney or agency shall be paid by the residence building owner or 

owners, in default against whom such action to enforce collection has been taken, and shall 

likewise be a first lien on the residences and property of such owner or owners. The Trustees 

may institute and prosecute any legal proceedings in law or in equity, or both, against the 

owner or owners so making default, and against their respective residence building and lot, and 

against all persons claiming through and under them, to compel such payment with interest, 

costs of suit and attorney’s fees attending the recovery of payment in default. Each residence 

building and lot, in respect of which default is made shall at all times on occasion of any such 

default be liable to be sold under decree of any court of competent jurisdiction in appropriate 

legal proceedings in like manner as if the amount so due and unpaid with interest, costs, and 

attorney’s fees, were secured by mortgage of Deed of Trust on such building, property and lot, 

to the end that out of the proceeds of such sale the amount so in default be raised and paid, 

with interest, costs and attorney’s fees; the purchaser or purchasers, however, at such sale 

shall take subject to this Indenture and to all its covenants, easements, provisions, powers 

and rights herein contained, created, or granted, in the same manner and to the same extent 

as if the said owners had sold said building or buildings, property, and lot or lots voluntarily 

subject to the provisions hereof, excepting of course that such sale shall clear the property 

sold from the lien of the particular assessment in default and on account of which said sale 

occurred. The owner of any such building, property or lot at the time of such assessment, 

whether general or special, shall also be personally liable to the Trustees for the payment thereof, 

together with interest, costs and attorney’s fees.

3.144 Special Assessment for Trustee Liability 

If the Trustees should at any time be sued for damages for personal injuries or death sustained 

by anyone, or for damage to property on the Site, or by anyone by reason of any act of the Trustees, 

or any one of them, in their character as Trustees, the Trustees may, if the insurance company 

insuring and indemnifying the Trustees against loss or damage by reason of any such claim or suit, 

shall fail, refuse, or neglect to assume the defense of such claim or suit, or shall fail, neglect, 

or refuse to pay and satisfy any judgment rendered in such a suit against the Trustee(s), employ 

attorneys to defend such a suit or action or to compromise and settle, at any time, such claims, 

before or after suit, or after judgment. The expense thereof, including any amount paid in 

settlement or in satisfaction of any judgment recovered against them, and interest, costs, 

attorney’s fees and other costs of defending such action shall be assessed by the Trustee(s) 

pro rata against the owners of residence lots and against the residence thereon situated in 

the same manner as provided in the foregoing section 3.143, and the payment thereof shall be 

enforced likewise. The amount so to be paid shall be in addition to the assessment for general 

purposes and shall be a special assessment.

Article IV

Covenants and Restrictions

Owner, for itself, its successors and assigns, and for and on behalf of all persons who may hereafter 

derive title to or otherwise hold through it, its successors or assigns, any one or more of the 

residential lots, covenants with the Trustees and for the benefit of such future owners and each 

of them, as follows: 

Sec. 4.01. 

Trustees, in their sole discretion, shall have the right and power to approve or reject all plans and 

specifications for construction, reconstruction, addition or alteration, painting or repainting of 

any building, fence, wall, or other structure of any kind, as well as for the location and grade of 

any structure upon any lot and the general grading and landscape treatment. No work shall be started 

on any of the improvements until the plans and specifications for same have been submitted to and 

received written approval of the Trustees. The Trustees shall have the right to disapprove or reject 

any such plans which, in their opinion, would be injurious to, or out of harmony with, the present or 

future development of the Site, and in so passing upon such plans and specifications, they shall 

have the right to take into consideration the type, use, and color of materials and of finish, 

the architectural design, general appearance, landscaping plans, and any and all other facts which, 

in their judgment, affects the desirability and suitability, and the maintenance of the Site as 

a first-class residential site. Each residence shall have a minimum of 1700 square feet of living 

area, exclusive of garage, porches, patios, decks and basement. 

The Trustees shall either approve or reject said plans within 30 days after receipt thereof, and 

if Trustees fail to act within said time, the plans or specifications shall be considered approved.

Sec 4.02 

Without permission of the Trustees no sign of any kind shall be displayed to public view of any lot 

or parcel with the following exceptions; 

1. One professionally made sign advertising the property for sale or rent visible solely on the 

homeowner's property.. 

2. A single advertising sign by a builder or business during construction or work at said property. 

3. Political signs, not to exceed 4 in number, may be posted in the front yard no more than 30 days 

prior to the election and removed the day after the election. Signs may not exceed 18 by 24 inches.

Sec 4.03

No oil drilling, oil development operations, oil refining or mining operations of any kind shall be 

permitted on any part of the Site, nor shall oil wells, tanks, tunnels, mineral excavations, or 

shafts be permitted upon the Site. No derrick, tank, or other structure designed for use in storing 

or boring for oil or natural gas or other mineral shall be erected, maintained, or permitted upon Site. 

Shafts for certified Geothermal Heating Systems may be permitted, but must be approved by the Trustees.

Sec 4.04 

When and if the Site, or any part thereof, is platted of record into lots, no platted lot shall 

thereafter be redivided, nor a fractional part thereof sold without the written consent of the 

Trustees, who are hereby authorized, if in their judgment or discretion, such consent is desirable 

and beneficial to the Site, to consent thereto. This does not apply to any platted Common Ground 

which can only be sold with the consent of three-fourths (¾) of the lot owners of the entire 

Royalwood Subdivision.

Sec 4.05

No residential building, now or hereafter, constructed upon the Site shall be used for other than 

,solely residential purposes, nor shall same be used for any purpose prohibited by law or ordinance, 

nor shall anything be done, or said building be used for any purpose, which, in the judgment of the 

Trustees, may be, or hereafter become, a nuisance to any user of any residence lot in the Site. 

Specifically with regard to renting: 

This Indenture (page 2, paragraph 6) defines Royalwood Subdivision as a “single family residence project”. 

The City of Chesterfield Ordinance #2268 states: 

“Whereas, the renting of such single family dwellings to more than one family at any one time causes 

undo crowding, nuisance, safety, parking, traffic, fire and other hazards to public safety and… 

Whereas, such renting leads to the decline of residential neighborhoods, poor maintenance and upkeep of 

homes and the increased presence of transients in residential neighborhoods”. 

For these reasons the City has placed restrictions on the renting of single family dwellings 

Therefore renting the single family homes in Royalwood Subdivision to more than one family at 

a time is prohibited. Further, renting is limited to a minimal 1 year lease. Royalwood lot owners 

who rent their property must file a copy of their rental agreement with the Royalwood Trustee 

Committee.

Sec. 4.06 

No animals (mammals, birds, fish, reptiles, amphibians or invertebrates) of any kind shall be raised, 

bred or kept on any lot except that dogs, cats and other household pets are permitted provided they are 

not kept, bred or maintained for any commercial purpose. It is further provided that the number of 

dogs and cats does not exceed 4 per single household with no more than 1 dog. Dogs and cats are to be 

confined in an enclosed area or leashed when outside. All feces, except that in the pet owners 

backyard, is to be picked up immediately in compliance with City of Chesterfield codification. At their 

discretion, the Trustees, may, in writing, revoke or extend these pet permissions.

Sec. 4.07 

No clothes shall be hung on any line or device outside of any dwelling.

Sec. 4.08 

No commercial vehicles, trailers, motorized campers of any make or variety, trucks or water vessels 

shall be parked and/or visible from the street (except for temporary purposes not exceeding 

four hours) on any street in the Subdivision, nor upon any lot, without the prior consent of the Trustees.

Sec. 4.09

No person shall reside on any lot in any temporary tent, temporary structure or trailer home.

Sec. 4.10

No fence, shed or other outbuilding may be erected on any lot without the written consent of the Trustees. 

In the event any fence shall be constructed, it shall not be permitted to deteriorate or fall into disrepair. 

The Trustees may in their discretion repair or restore such fence and charge the cost of same to such owner. 

If a fence constructed on a lot shall be closer than eighteen (18) inches to the boundary line of another 

lot subject to this Indenture, the owner of such adjoining lot shall have the right, but only while said 

fence is still in place, to use and maintain the unfenced part of said lot adjoining his or her lot, to 

fence in the same as part of his or her lot, and to connect his or her fence, if any, to said fence.

Sec. 4.11

At no time may any patio or sun deck be used as storage space. Trunks, boxes, garden tools, or any 

other items which have a tendency to mar the beauty of the entire Subdivision may not be stored so 

as to be visible from neighboring lots or from the street. All lots, houses and landscaping shall 

be maintained in a neat and tidy condition, with landscape beds appropriately weeded and lawns 

properly mowed to a height of no more than 8 inches See Section 3.06.

Sec. 4.12

No trash, garbage, rubbish, refuse, debris, trash cans or trash receptacles of any kind, or compost 

materials shall be stored in the open in the front of any residence. Standard trash and refuse 

receptacles belonging to the Subdivision’s Certified Waste Management Company may be kept in the 

open on the sides or rear of the residence. Trash , garbage, refuse, rubbish and debris properly 

secured within receptacles or appropriately bundled may be placed at the street curbing for pick 

up on the designated day. Receptacles should be removed and secured on lots within 48 hours after 

pick up. Dumping of yard waste or other debris in the common ground by subdivision residents or 

other contracted maintenance companies is strictly prohibited.

Sec. 4.13

Disposing of grass, leaves, trash, yard waste or any other debris on subdivision common ground or storm sewers is 

prohibited as well as in violation of city ordinances. 

Sec. 4.14 

Access to and from the Common Ground on the east side of the development shall be via the easements 

between the houses on the east side of Woodroyal East and West and the south side of Woodroyal Court.

 These 10 foot easements between houses appear on the Recorded Plat Map of Royalwood Subdivision 

available upon request from the Trustee Committee. Quiet and respectful passage between homes is 

expected at all times.

Sec. 4.15

No derelict or unused vehicles shall be parked on subdivision streets for more than ten (10) days 

without prior consent of the Trustees. Owners of vehicles parked on subdivision streets should be 

respectful of their neighbors and of the need for emergency transports, trash trucks, snow plows, 

utility vehicles and equipment as well as mail and other service vehicles that need to traverse the 

subdivision safely and unimpeded. Blocking of mailboxes by vehicles is strictly prohibited and is 

illegal.  

Sec. 4.16

No vehicle can be parked on non-paved homeowner property for more than forty eight (48) hours.

It is prohibited by Chesterfield ordinances also.

Sec 4-17

Each of the covenants and restrictions in this Article IV shall run with the land, and shall attach 

to and run with the Site, and with any lot hereafter created upon and out of said Site, and to and 

with all titles, interest, encumbrances and estates in the same, and shall be binding upon every 

owner or occupant of any part of the Site a`s fully as if expressly contained in proper and obligatory 

covenants or conditions in each contract or conveyance of or concerning the Site or any part thereof, 

including any improvements thereon; the Trustees shall have the rights to recover from any person 

violating any such covenant all costs and expenses incurred in procuring the enforcement thereof, 

including, but not limited to, court costs, attorney’s fees and damages for any violation. Monies 

owed to the Trustees or Subdivision with regard to the enforcement of these restrictions shall 

be paid within 60 days of receipt of payment due notice. Thereafter, the amount due shall accrue 

interest at the maximum legal rate and, if after default, the same shall have been placed in the 

hand of an attorney or agency for collection, the fee of such attorney or agency shall be paid by 

the residence building owner or owners in default against whom such action to enforce collection 

has been taken and shall, likewise, be a first lien on the residence and property of such owner 

or owners. 

Sec. 4.18 

Each lot encumbered hereby shall be subject to the side yard and building line requirements, if any, 

of St. Louis County Ordinances and to those shown on the Plat encumbered hereby, except as may be 

needed by the St. Louis Board of Zoning Adjustment and approved by the Trustees.

ARTICLE V

Amendment and Modification

Anything in this Indenture to the contrary notwithstanding, the record owners of the lots now platted of  

record and of those lots which may hereafter be platted or record and a part of Site, and the record 

owners  of those lots or hereafter made subject to these Restrictions may, by two-thirds (2/3) vote 

of said owners,  amend, modify, remove, or release, in whole or in part, any of the restrictions herein 

created or may impose new and additional restrictions, which shall be applicable to Site provided; 

First, that no such amendment, modification, release (whether in whole or in  part), or imposition of 

additional restrictions, shall become effective until an appropriate instrument  executed and acknowledged 

by those persons approving same, shall be duly recorded in the St. Louis  County Recorder's Office; 

and Second; that whenever any vote is required hereunder, the record owner or  owners of each single family 

residence lot shall be entitled to one (1) vote. 

Anything in this Indenture to the contrary notwithstanding, the record owners of the fee simple title of 

at  least two-thirds (2/3) of the lots upon Site now subject to and hereafter named subject to these 

restrictions, may, at any time hereafter, by instrument duly signed, acknowledged and recorded by them, 

amend,  modify, remove or release, in whole or in part, any of the restrictions herein created, or may 

by such  instrument impose new and additional restrictions which hereafter shall govern any or all 

of the buildings  and lots on the Site. Owner also reserves the right for a period of nine (9) years after the 

effective date of this Indenture, by  Supplemental Indenture, duly signed, executed and recorded, to impose 

new and additional restrictions, or  to amend and/or modify this Indenture without the consent of any person 

or persons claiming by, through and under Owner, except that no such amendment shall authorize any 

increase in assessments unless the holder of any mortgage encumbering any part of Site has consented in 

writing to such amendment. Trustees herein are authorized to accept from Owner in the future additional 

roads, places, avenues, circles, walks, parking areas, common areas, and Common Ground, and to hold title 

thereto subject to the terms of this Indenture and subject to the terms of such further restrictions, if any, as 

Owner may impose therein at the  time of such conveyance. Any amendment made prior to the completion 

of the development of the subdivision subject to the Indenture shall be subject to reviewed and approval of 

the Director of Planning of St. Louis County, Missouri. 

ARTICLE VI 

(Removal of Trustees and Enforcement of Restrictions)

Sec. 6.01 - Should any of the Trustees herein designated, or any of their respective Successor  Trustees, 

be guilty of malfeasance nonfeasance, or misfeasance in office, then the Owners of at least ten per cent 

(10%) of the number of residential lots located upon the Site, or the holder of any note secured by  

Deed of Trust upon any apartment building located in the Site, provided such holder be a qualified bank,  

insurance company, or savings and loan association, may institute an action and proceeding in the names of  

such holder in a court of competent jurisdiction in the County in which the Site is situated, for the 

purpose  of securing and effecting the removal of any such Trustee.

Sec. 6.02 - Before any suit may be brought under this Article VI for the removal of any Trustee,  and as 

a condition precedent to any such suit, such Trustee shall be given written notice specifying in  

particular each of the grounds of alleged malfeasance, nonfeasance, or misfeasance of any such Trustee, 

and such Trustee shall have forty five (45) days within which to cure any such default. If within said 

forty-five (45) days such Trustee shall  have cured said default, or if within said forty-five (45) days 

Trustee shall have in good faith taken effective  steps to cure such default, and shall prosecute such 

steps with continuity, good faith, and due diligence,  then such action on the part of such Trustee 

shall constitute full and complete defense to any action  brought for such Trustee's removal.

Sec. 6.03 - Anything to the contrary notwithstanding, the embezzlement by any Trustee herein  of any 

funds received by any such Trustee, in their capacity as such, shall always constitute a ground for 

such Trustee's removal, and such misfeasance by any such Trustee shall not be subject to the curative  

procedure set forth in Section 6.02 hereinabove. 

ARTICLE VII

(Surface Storm Water Drainage) 

No person deriving title to any part of Site, by, through, and under owner, shall have the right to 

modify, change, or alter such grade as owner may have established, or may hereafter establish upon 

Site  nor obstruct, alter, or change, in any way the drainage of surface waters after the courses 

thereof shall have been fixed by reason of any grade established by Owner, unless such person shall 

have first procured the  written consent and authorization of Trustees. 

ARTICLE VIII

(Eminent Domain Compliance with Local Laws and Assessments  

 for Street Lights, Roadways and Easements) 

(a) 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 Trustees, are hereby authorized 

to negotiate with such public agency for such acquisition and to execute instruments necessary for 

that  purpose. Should acquisition by eminent domain become necessary, only the Trustees need be made  

parties, 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.

(b) Notwithstanding any other condition herein, the Trustees shall make suitable provisions for 

compliance with all subdivision and other ordinances, rules and regulations of St. Louis County or 

any other municipality of which the subdivision may become a part and for such purposes shall not be  

limited to the maximum assessment provided for herein. Specifically and not by way of limitation, 

the  Trustees shall make provision for the maintenance and operation of all street lights, roadways 

and easements.

IN WITNESS WHEREOF, Owner has caused this Indenture to be duly signed by its President and its  

corporate seal to be hereto affixed, attested by its Secretary, and the Trustees have also hereto 

set their hands this day and year first in this Indenture written.

ROYALWAY DEVELOPMENT COMPANY 

By: ____________________________________ 

DANIEL M. BOGARD, President 

 _____________________________________ 

SIDNEY LIBRACH, Trustee 

 _____________________________________ 

LEONARD S. KEIM, Trustee 

 _____________________________________ 

DAVID L. KENNEY, Trustee 

STATE OF MISSOURI ) 

 ) SS

COUNTY OF ST. LOUIS ) 

On this 6th day of September, 1978, before 

me-appeared DANIEL M. BOGARD, to me personally known, who, being by me duly sworn, did say that he is the  President of ROYALWAY DEVELOPMENT COMPANY, a corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and  sealed in behalf of said corporation, by authority of its Board of Directors; and said DANIEL M. BOGARD  acknowledged said instrument to be the free act and deed of said corporation. 

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, year first above written. 

 ________________________________ 

Notary Public 

My Commission expires: 4/5/81  

STATE OF MISSOURI ) 

 ) SS 

COUNTY OF ST. LOUIS ) 

On this 6th day of September, 1978, before me appeared before me appeared SIDNEY LIBRACH,  LEONARD S. KIEM and DAVID L. KENNY Trustees for ROYALWOOD SUBDIVISION, to me known to be the persons  described in and who executed the foregoing instrument, and acknowledged that they executed the sane as their  free act and deed. 

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State  aforesaid, year first above written. 

 ________________________________ 

Notary Public 

My Commission expires: 4/5/81  

END OF DOCUMENT

The original of this document shows the appropriate signatures above.