Editor's Note — Ordinance no. 3001 §1, adopted December
23, 2008, repealed title IV in its entirety. See editor's note at
beginning of title IV.
[Ord. No. 3001 §1, 12-23-2008]
A.
In any
case where the establishment of common land (including pedestrian
walkways/bikeways and cul-de-sac islands), private street lighting,
drainage facilities such as detention basins and drainage pipe and
ditches or any other improvement that requires continuous maintenance,
a trust indenture shall be established and recorded simultaneously
with the record plat. The indenture shall provide for proper maintenance
and supervision by the trustees who are selected to act in accordance
with the terms of such indenture and the applicable provisions of
this Chapter.
B.
For single
lot developments and developments with no common ground, the Board
of Aldermen may accept script certifying the means of maintenance
on the record plat. Common land shall be conveyed by the owner in
fee simple absolute title by warranty deed to trustees whose trust
indentures shall provide that the common land be used for the benefit,
use and enjoyment of the lot or unit owners, present and future, shall
be the maintenance responsibility of the trustees of the subdivision
and that no lot or unit owner shall have the right to convey his interest
in the common land except as an incident of the ownership of a regularly
platted lot.
[Ord. No. 3001 §1, 12-23-2008]
A.
Any trust
indenture required to be recorded or recorded for the purpose of compliance
with provisions of this Chapter shall provide for not less than the
following representation of purchasers of developed lots among the
trustees: one-third (1/3) of the trustees shall be chosen by purchasers
of developed lots or units after fifty percent (50%) of the lots or
units have been sold; two-thirds (2/3) of the trustees shall be chosen
by purchasers of developed lots or units after ninety-five percent
(95%) of the lots or units have been sold; all of the trustees shall
be chosen by purchasers of developed lots after all of the lots have
been sold.
B.
Each
trust indenture and warranty deed shall be accompanied by a written
legal opinion from an attorney licensed to practice in the State of
Missouri setting forth the attorney's legal opinion as to the legal
form and effect of the deeds and trust indenture.
C.
The deeds
and indenture shall be approved by the Director and the City Attorney
prior to being filed with the Recorder of Deeds, simultaneously with
the recording of the record plat.
[Ord. No. 3001 §1, 12-23-2008]
A.
Term
of indentures for all types of subdivisions shall be for the duration
of the subdivision. In the event the subdivision is vacated, fee simple
title shall be vested in the then lot or unit owners as tenants in
common. The rights of the tenants shall only be exercisable appurtenant
to and in conjunction with their lot or unit ownership. Any conveyance
or change of ownership of any lot or unit shall convey with its ownership
in the common land and no interest in the common land shall be conveyed
by a lot or unit owner except in conjunction with the sale of a lot
or unit. The sale of any lot or unit shall carry with it all the incidents
of ownership of the common land although such is not expressly mentioned
in the deed; provided however, that no right or power conferred upon
the trustees shall be abrogated.
B.
Provision
shall be made for the trustees to be vested with the power to dedicate
the streets to a public body.
