MapLink™ | Procedures | Subdivision Indentures

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Subdivision Indentures
Establishment of Subdivision Indentures.
1. In any case where the establishment of common land (including pedestrian walkways/bikeways and Cul-De-Sac islands), private streetlighting, drainage facilities such as Detention/Retention Areas and drainage pipe and ditches, or any other improvement that requires continuous maintenance, a Trust Indenture shall be established and recorded simultaneously with the recording of the Final Plat. The Trust 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.
2. For single Lot developments and developments with no common land, the Board may accept script certifying the means of maintenance on the recorded Final Plat.
3. Any 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.

Recording of The Trust Indenture.
1. 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.
2. 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.
3. The deeds and Trust 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 Final Plat.

Term of Trust Indenture.
1. Term of the Trust 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.
2. Provision shall be made for the trustees to be vested with the power to dedicate the Streets to a public body and that prohibits the Subdivider from assessing Lot owners for items or matters that are within the required installation of the Subdivision.