Brentwood resident and retired attorney Don Beimdiek shared a history of the walkways with Barry Williams:
“The Trustees of York Village have title to the portion of the Yorkshire Court walk between 18 and 20 Southcote and pedestrians have platted easement rights on the extension of the walk between lots 4 & 5 of Yorkshire Lane (editor’s note: Yorkshire Lane Lots 4 & 5 are today’s Yorkshire Lane Properties 71 and 83). The York portion of the walk was originally the access to Frazier School. The paving on the Yorkshire Court easement extension and wood fencing was done by Dominion Yorkshire LLC as part of its development work.
At a Board of Alderman meeting several years ago Louise Wilson, of 57 Yorkshire, told the Board during public comment that she understood that the City had responsibility for the walkway maintenance because it had been dedicated to and accepted for maintenance by the City. Wilson’s home abuts the Whitehall Court walkway easement at the South end of Yorkshire that was created at the same time. Mayor Kelly informed Wilson that the walks were not dedicated to the City and the City had no obligation to maintain them. The city has done some work to correct the standing water that collects on the walk that connects to York.
Chris Seemayer reported that Mrs. Wilson came to the Board meeting and restated her position but now agrees that the sidewalk is indeed owned by Yorkshire.
The easement obligations were created by the Brentwood School District in the sale contract to Dominion Frazier LLC for the Frazier School property to a pursuant to the establishment of the easement on the Plat of Yorkshire Lane approved by Brentwood Ordinance 3456 and recorded in Plat Book 341 Page 2 of the St. Louis County records by this wording:
“The sidewalk and pedestrian walkway easement as indicated by XXXXXX on this plat is hereby dedicated to the lot owners of York Village Woodlands and Whitehall Court and to their respective successors and assigns, their tenants, subtenants, licensees, and the respective officers, employees, agents representative, and invitees, the nonexclusive right, privilege and easement to use sidewalk and pedestrian walkways as may from time to time hereafter be situated on the property shown as Yorkshire Lane on this plat, for ingress and egress to the property shown as York Village Woodlands and Whitehall Court on this plat. Said easement shall be perpetual, and further, shall run with the real estate of the owners of Yorkshire Lane forever., The owners of Yorkshire Lane agree not to obstruct the aforesaid sidewalk and pedestrian easement by means of a fence or other barrier, and further to keep a sidewalk open and useable on their property so that there will be continuing access to the public road through the real estate of the owners of Yorkshire Lane.”
The Yorkshire indenture obligates the Trustees to maintain the walks but further states that if the Yorkshire Trustees do not maintain the walks, the City of Brentwood has the right to maintain the walks and charge the expense to the 19 lot owners.
If the Yorkshire Trustees want to contract with the City of Brentwood to maintain the sidewalks at the expense of Yorkshire Lane, this would be appropriate if the City agreed.
The platted easements and indenture conditions were in place in the public record when the lots were sold by Dominion. However, apparently the buyers may not have checked the plat and restrictions and did not understand their obligation to pay for the walk maintenance.