Court of Appeals of Missouri, Eastern District, Second Division
MICHAEL P. PHELAN; MICHAEL PHELAN, TRUSTEE OF THE MICHAEL P. PHELAN REVOCABLE LIVING TRUST DATED MAY 14, 2004; and SEAMLESS INVESTMENTS, LLC, Plaintiffs/Appellants,
ERNEST W. ROSENER, JR.; SUMMIT SPRINGS AT WILD HORSE I, LLC; and SUMMIT SPRINGS AT WILD HORSE II, LLC, Defendants/Respondents.
from the Circuit Court of St. Louis County Honorable Dale W.
B. SULLIVAN, P. J.
P. Phelan; Michael Phelan, Trustee of the Michael P. Phelan
Revocable Living Trust Dated May 14, 2004; and Seamless
Investments, LLC (collectively Appellants) appeal from the
trial court's summary judgment against them on their
claims for declaratory judgment and to quiet title and in
favor of Ernest W. Rosener, Jr.; Summit Springs at Wild Horse
I, LLC; and Summit Springs at Wild Horse II, LLC
(collectively Respondents) on Respondents' counterclaims
for declaratory judgment and to quiet title. We affirm.
and Procedural Background
Michael Phelan is trustee of the Michael P. Phelan Revocable
Living Trust and is the sole member and owner of Seamless
Investments, LLC. Appellants are the owners of real property
located at 18823 Cliffview Lane, 18833 Cliffview Lane, 18841
Cliffview Lane, and 170 Centaur Road in Wildwood, Missouri.
Respondent Ernest W. Rosener, Jr. is the owner of Respondents
Summit Springs at Wild Horse I, LLC and Summit Springs at
Wild Horse II, LLC. Respondents are the owners of real
property located at 18913 and 18971 Wild Horse Creek Road in
Wildwood, Missouri. Appellants' and Respondents'
properties abut a private roadway known as Cliffview Lane.
to July 2, 1982, the properties in question were owned by
John C. McPheeters and Constance B. McPheeters (McPheeters),
with the exception of 18913 Wild Horse Creek Road.
2, 1982, the McPheeters, as Grantors, and the McPheeters and
an individual named Hugh M. Cannon, as Trustees, created the
Road Maintenance Agreement (RMA) wherein it declared:
Whereas, there is a private roadway easement over the land
described in Exhibit B, which provides ingress and egress to
the property described in Exhibit A, and
Whereas, Grantor contemplates the sale of tracts of land
comprising the property described in Exhibit A, and by this
Agreement intends to provide for the present and future
maintenance of the roadway for the benefit of the present and
future owners of the tracts to be sold and the future owners
of any part or portion of such tracts;
Now Therefore, in consideration of the premises, the
covenants, contained herein, and the mutual benefit to be
derived by the parties, the Grantors, for themselves, their
successors, heirs and assigns, and for and on behalf of all
persons who may hereafter own all or any part of the land
described in Exhibit A, agree with the Trustees as
provides for the appointment of trustees and the collection
of assessments. The RMA further provides:
This Agreement shall be binding on the Grantors, the named
Trustees, the present and future tract owners, their heirs,
successors, assigns and personal representatives, and the
covenants and agreements contained herein shall run with the
land described herein. It is further intended this Agreement
shall run with the land described and be binding however such
land shall be divided and subdivided, whether into greater or
fewer tracts than herein contemplated, provided however that
no tract which does not now or in the future have access to
the roadway shall be neither benefitted nor burdened by this
A sets forth a metes and bounds legal description of two
tracts of land: 37.32 acres which included what would
eventually become 18833 Cliffview Lane and 18841 Cliffview
Lane; and 30.906 acres which would become 170
Centaur Road and 18971 Wild Horse Creek Road. Exhibit B
provides a metes and bounds legal description of the entirety
of Cliffview Lane, beginning at Wild Horse Creek Road on the
east and ending in a circle with a 50-foot radius on the west
The road easement extends over 18833 Cliffview, 18841
Cliffview, and onto 170 Centaur Road and 18971 Wild Horse
Creek Road. The RMA was recorded with the St. Louis
County Recorder of Deeds on July 7, 1982.
2, 1982, the same day the RMA was created, the McPheeters
conveyed a portion of their land, 18841 Cliffview, to
Appellants' predecessor in title. The conveyance included
an easement for ingress and egress over the entirety of the
Cliffview Lane easement identical to that in the RMA.
2, 1983, the McPheeters conveyed 18823 and 18833 Cliffview to
Appellants' predecessor in title, which included an
easement over the entirety of Cliffview Lane and was taken
"[s]ubject to building lines, easements, conditions and
restrictions of record[.]"
January 4, 1984, the McPheeters conveyed 170 Centaur to
Appellants' predecessor in title and 18971 Wild Horse
Creek to Respondents' predecessor in title. An express
easement over Cliffview Lane was not included in the deeds.
acquired 18833 Cliffview in April 2007, and 18841 Cliffview
and 170 Centaur in May 2014. The deeds for 18833 and 18841
Cliffview include an express easement over Cliffview Lane.