HomeMy WebLinkAboutOrd.4111.03-15-2010 BILL NO. 10-21 ORDINANCE NO.
AN ORDINANCE ACCEPTING A QUIT CLAIM DEED AND
AN EASEMENT FROM UNION ELECTRIC COMPANY
D/B/A AMERENUE TO THE CITY OF CAPE
GIRARDEAU, MISSOURI, FOR THE DOWNTOWN FLOOD
PROTECTION SYSTEM
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS :
ARTICLE 1 . The City of Cape Girardeau, Missouri, hereby
accepts a Quit Claim Deed executed by Union Electric Company
d/b/a AmerenUE, conveying to the City of Cape Girardeau,
Missouri, the following described real property, to-wit :
TRACT 1
All of that part of Ingram' s Addition to the City of
Cape Girardeau, as set forth in Plat Book 1, at Page
6 , more particularly described as follows :
Begin at the Southwest corner of Lot No. 97 in Range
"P" of said Ingram' s Addition; thence North 05050117"
East, with the west line of said Lot No. 97 , a
distance of 114 . 00 feet, to the northwest corner of
said Lot; thence North 8305414711 West, 30 . 00 feet, to
a point in the center of vacated Spanish Street;
thence North 05050117" East, 10 . 00 feet; thence
leaving said vacated Spanish Street, South 83054147"
East, 233 . 00 feet; thence North 05050117" East, 66 . 93
feet; thence South 83054147" East, 20 . 00 feet; thence
North 05050117" East, 18 . 64 feet; thence South
83059155" East, 54 . 62 feet, to a point on the west
right of way of North Main Street; thence with said
line, South 27022127" West, 175 . 17 feet; thence along
the arc of a curve to the left, having a radius of
432 . 29 feet, a distance of 48 . 86 feet; thence leaving
said North Main Street, North 83054147" West, 197 . 97
feet, to the point of beginning, and containing 0 . 74
acres, more or less, as shown on the accompanying
plat . Subject to any easements of record.
TRACT 2
All of that part of Ingram' s Addition to the City of
Cape Girardeau, as set forth in Plat Book 1, at Page
6 , and all of that part of the adjacent Mississippi
River Bank and Mississippi River Bed, being above the
low water mark, and more particularly described as
follows :
Begin at the intersection of the East right of way
line of North Main Street and the North line of Lot
No. 110 in Range "Q" of said Ingram' s Addition; thence
South 83052123 " East, with the north line of said Lot
No. 110, a distance of 550 . 84 feet, to a point on the
west right of way line of the Burlington Northern
Railroad; thence with said right of way line, South
32005119" West, 164 . 85 feet ; thence South 57054 ' 41"
East, 27 . 00 feet; thence South 32005119" West, 7 . 26
feet; thence South 57°15136" East, 25 . 00 feet; thence
North 32005119" East, 7 . 54 feet; thence South
57°54 ' 41" East, 18 . 00 feet; thence North 32005119"
East, 95 . 28 feet; thence leaving said railroad right
of way, South 64039108" East, 299 . 40 feet, to a point
on the west bank of the Mississippi River; thence
continue South 64039108" East, 1134 . 69 feet, to a
point in the main channel of the Mississippi River;
thence with said channel South 38046106" West, 145 . 35
feet; thence North 84009134 " West, 1228 . 85 feet, to
the intersection with the extended north line of Mason
Street and the west bank of said river; thence with
said line, North 84009143 " West, 417 . 77 feet; thence
North 31036116" East, 471 . 39 feet; thence North
57045106" West, 26 . 82 feet; thence North 78041108"
West, 20 . 59 feet; thence South 78000153 " West, 137 . 86
feet; thence South 10021135" West, 44 . 12 feet; thence
South 77004138" West, 35 . 60 feet; thence South
89038135" West, 358 . 90 feet, to a point on the East
right of way line of North Main Street; thence with
said line, North 27022 ' 26" East, 424 . 66 feet, to the
point of beginning, and containing 18 . 32 acres, more
or less, excepting there from any part below the low
water mark of the Mississippi River, and being as
indicated on the accompanying plat . Subject to any
easements of record and the rights of the Burlington
Northern Railroad.
EXCEPTING, however, all existing and future
electrical, communication and natural gas facilities
located thereon; and RESERVING, however unto the First
Party, its successors, assigns, licensees, agents,
lessees, contractors, subcontractors, and tenants the
perpetual right, and easement to construct,
reconstruct, use, operate, maintain, add to the number
of and patrol all electric or telephone and
communication line or lines, or both consisting of
poles, guys, anchors, wires, cables, fixtures,
transformers and appurtenances thereto, and all
natural gas line or lines consisting of piping,
hardware, valves and other appurtenances thereto on,
over, across, or under any and all portions of the
above-described Premises with the right of ingress and
egress to and over the Premises described above, for
all purposes herein stated, together with the right to
trim or cut down or cause to be trimmed or cut down at
any time and from time to time, any and all brush,
saplings, trees, over-hanging branches or other
obstructions upon said Premises which may be deemed to
interfere with the construction, maintenance or use
of, or endanger the safety of, said line or lines; and
the right to license, permit or otherwise agree to the
use or occupancy of said line or lines by any other
person, association or corporation for electric,
telephone, communication or natural gas purposes; and
with the further right to remove at any time any or
all of the said line or lines, and appurtenances
thereto, erected upon, over or under said land by
virtue hereof .
ARTICLE 2 . The City of Cape Girardeau, Missouri, hereby
accepts an Easement executed by Union Electric Company d/b/a
AmerenUE, conveying to the City of Cape Girardeau, Missouri, the
following described real property, to-wit :
All of that part of Ingram' s Addition to the City of
Cape Girardeau, as set forth in Plat Book 1, at Page
6 , and more particularly described as follows :
Commence at the intersection of the East right of way
line of North Main Street and the North line of Lot
No. 110 in Range "Q" of said Ingram' s Addition; thence
South 27'22 ' 2611 West, with the East right of way line
of said North Main Street, 424 . 66 feet, to the point
of beginning; thence continue South 27022126" West,
22 . 60 feet; thence leaving said North Main Street,
North 89038135" East, 371 . 61 feet; thence North
77004138" East, 50 . 97 feet; thence North 1021135"
East, 43 . 88 feet; thence North 78000153" East, 120 . 34
feet; thence South 78041108" East, 12 . 77 feet; thence
South 57045106" East, 23 . 35 feet; thence North
31036116" East, 20 ..00 feet; thence North 57045106"
West, 26 . 82 feet; thence North 78041108" West, 20 . 59
feet; thence South 78000153" West, 137 . 86 feet; thence
South 10021135" West, 44 . 12 feet; thence South
77004138" West, 35 . 60 feet; thence South 89038135"
West, 358 . 90 feet, to a point on the East right of way
line of North Main Street, the point of beginning.
ARTICLE 3 . This ordinance shall be in full force and
effect ten days after its passage and approval .
PASSED AND APPROVED THIS e DAY OF to 2010 .
7T
&Ja . Knudtson, Mayor
ATTEST:
GZ?RA11,6�
Gayl Conrad, City Cle ,
TILE UN33?'t f
Title of Document:
Date of Document:
Grantor(s) Name and Address
RECORDER OF DEEDS
COVER PAGE
VIIIIiNiIInflIIIIVIhNItlTx: 4004115
DOCUMENT
2010-03101-
JANET ROBERT
RECORDER OF DEEDS
CAPE GIRARDEAU COUNTY, M70
RECORDED ON
04/0112010 08:24 AM
REC FEE: 4,2.04
PAGES,. 7
Access and Construction Easement
March 26, 2010
Union Electric Company d/b/a AmerenUE
P. O. Box 66149
St. Louis, MO 63166-6149
Grantee(s) Name and Address: City of Cape Girardeau
401 Independence
Cape Girardeau, Mo. 63701
Legal Description: See Legal Description on Exhibit "A"
Reference Book & Page, if required: Plat Book 1, Page 6
CAPE EASE -2
EASEMENT
THIS EASEMENT, Made and Entered into this 2-L day of M a_v e,4% , 2010, by
and between UNION ELECTRIC COMPANY, a Missouri corporation, d/b/a AmerenUE,
hereinafter referred to as "AmerenUE"; and CITY OF CAPE GIRARDEAU, MISSOURI, a
Municipal Corporation, hereinafter referred to as "City".
WITNESSETH:
WHEREAS, AmerenUE owns a tract of land being located in Section 32, Township 31
North, Range 14 East, in the City of Cape Girardeau, Cape Girardeau County, Missouri.
WHEREAS, City desires to obtain a (20) twenty foot wide easement to construct, repair,
operate, and maintain flood protection structures and appurtenances thereto, hereinafter
referred to as "Facilities", in, upon, over, under, and across portions of AmerenLIE's above-
described tract of land; and
WHEREAS, AmerenUE is willing to allow City to locate, construct, repair, operate, and
maintain said facilities in, upon, over, under, and across portions of said tract of land as
described above, subject to the conditions and covenants hereinafter set forth.
NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and
the covenants and provisions hereinafter set forth to be kept and performed by City, AmerenUE
does hereby remise, release and quit -claim unto City, a permanent easement to construct,
repair, operate, and maintain said Facilities as described above, in, upon, over, under, and
across portions of AmerenUE's above-described tract of land as described in Exhibit "A",
attached hereto and made a part hereof, and to use such additional space adjacent to the
easement so granted as may be required for working room during construction, maintenance or
1
repair of the facilities, subject, however, to all easements, mortgages, restrictions, or
encumbrances whatsoever, whether or not the same are of record;
RESERVING, however, unto AmerenUE, its successors and assigns, the right to the
continued use and occupancy of the above-described premises for AmerenUE's electric and/or
natural gas facilities and for any use not inconsistent with the easement rights herein conveyed.
This easement is subject to the following terms and conditions:
1. City shall prepare and file with AmerenUE a final plan of said Facilities and of
any modifications made thereto.
2. City shall make no modifications to said Facilities without having first obtained
AmerenUE's prior written consent thereto, which consent shall not be arbitrarily withheld.
3. City shall use and cause others to use extra precaution in the construction,
repair, operations, maintenance, or removal of said Facilities when adjacent to, over, under, or
near AmerenUE's underground or overhead electrical facilities and shall maintain proper
support and stabilization for AmerenUE's underground electric or natural gas facilities and shall
prevent damage or collapse due to undermining. City, except in the case of emergency, shall
provide AmerenUE with at least forty-eight (48) hours advance written notice of any digging or
trenching on or adjacent to AmerenUE's property to permit AmerenUE to have a field
supervisor on the property during said digging or trenching. In the case of an emergency, City
shall notify AmerenUE of any digging or trenching by telephone as soon as possible. City shall
provide no less than twenty (20) feet radial clearance from all of AmerenUE's facilities, including
towers, poles and overhead lines. City shall warn and instruct each and every person engaged
in or in any way connected with such work as to the existence, location, and nature of
AmerenUE's electric or natural gas lines and associated facilities.
4. City shall comply with and shall require all persons acting under City, including
without limitation agents, contractors and employees, to comply with all applicable laws,
regulations, and codes, including without limitation applicable provisions of the latest addition of
the National Electrical Safety Code, the Overhead Power Line Safety Act, Sections 319.075
through 319.090 RSMo., and the Underground Facility Safety and Damage Prevision Act,
Sections 319.015 through 319.050 RSMo. (collectively "Laws"), as such Laws may be amended
from time to time. Nothing herein shall be construed to relieve City from the duty to comply with
Laws; but if and to the extent that this instrument requires precautions or specific clearances
which are greater than those imposed by Laws, such greater precautions or clearances
provided for in this instrument shall be binding on City and any such person(s) acting under
City.
2
5. All construction, maintenance, repair, operation, or removal work done in
connection with said Facilities shall be performed in such a manner that it will not endanger or
interfere with AmerenUE's operations and maintenance of its electric or natural gas lines and
related facilities. In the event installation, construction, maintenance, repair, operation, or
removal of said Facilities requires the use of cranes, hoists, or other devises, City shall maintain
a minimum of twenty (20) feet radial clearance in any area directly under or adjacent to any of
AmerenUE's overhead facilities.
6. All cuts, ditches, trenches, ruts, or excavations made by City, its agents,
employees, contractors, or their representatives, in connection with the construction, repair,
operation, maintenance, or removal of said Facilities shall be refilled to and maintained at the
level of the adjoining ground, and City shall re-seed all disturbed areas as required by
AmerenUE.
7. City shall continually maintain efficient and orderly operation and maintenance of
said Facilities on AmerenUE's above-described tract of land in such a manner so as not to
unreasonably disturb or interfere with the use thereof.
8. All charges for work and materials supplied in connection with said Facilities and
all taxes levied in connection therewith shall be borne by City and City shall hold AmerenUE's
property harmless from any liens or encumbrances arising herefrom.
9. City shall require its contractor(s) engaged in construction or reconstruction of
said Facilities on AmerenUE's above-described tract of land to obtain (i) public liability
insurance which shall name Union Electric Company, d/b/a AmerenUE, as an additional
insured, with limits of coverage no less than in the amount $1,000,000 required for said
contractor(s), (ii) Workers Compensation insurance with limits no less than required by law.
Said insurance, as it pertains to AmerenUE, shall cover liabilities arising out of said construction
or reconstruction upon AmerenUE's parcel and any adjacent property used.
10. In the event City shall fail to perform any of its duties hereunder and shall fail
within thirty (30) days after written notice from AmerenUE to correct such default, AmerenUE
shall have the right to cure said default or may employ other persons to do so, and City hereby
agrees to .pay, reimburse, and compensate AmerenUE for whatever costs or expenses which
are thereby incurred by AmerenUE. The foregoing shall be without prejudice to any other right
or remedy.
11. Nothing in this easement shall be construed as being in conflict with the
provisions of a certain mortgage or deed of trust given by Union Electric Company in favor
of The Bank of New York, as successor trustee, dated June 15, 1937, and amendments and
3
supplements thereto, which mortgage or indenture is now of record, nor shall the same impair
the right of Union Electric Company to make any future supplemental indenture or change in
said mortgage or lessen or impair the right to execute other and additional mortgages or deeds
of trust, or any other instrument in the nature of a mortgage or deed of trust, and this easement
shall be subject to all provisions contained in such instrument.
IN WITNESS WHEREOF, the parties hereto have executed these presents on the day
and year first above mentioned.
ATTEST:
ATTEST:
stant Secretary
e L. Conrad, City Clerk
UNION ELECTRIC COMPANY, d/b/a AmerenUE
�ertn � s W wus P.1 ba•-ri , Vt-c e - /3-P 5 �cleo-�
CITY OF CAPE GIRARDEAU, MISSOURI
Jay B. Knudtson, Mayor
Approv d as to form:
By
111VIVIV4
W-
MtVc Ckpfhgham, City Attorney
0
STATE OF MISSOURI )
) SS.
CITY OF ST. LOUIS )
On this 'M4 day of �OC'lvLj{ r , 2009, before me appeared
CAer74is W Weisehho,-4 to me personally known, who, being duly sworn, did say
that he is a Vice President of UNION ELECTRIC COMPANY, a Missouri corporation, d/b/a
AmerenUE, 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 W. kV2isrhbor.i 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 at
my office in the City of St. Louis, Missouri, the day and year last above written.
Mark C. Jordan - Notary Public
Notary Beal. Stan of
�o�ot�y M��� C�. �)a"d4. 7 , Notary Public
48345
MY C.ww*salon Expirn 11/7/2009
STATE OF MISSOURI
) SS.
COUNTY OF CAPE GIRARDEAU )
On this ;ZU44- day of 20 t v , before me a Notary Public in and
for said County and State aforesaid, personally appeared Jay B. Knudtson to me personally
known, who, by me duly sworn, did say that he is the Mayor of the City of Cape Girardeau,
Missouri and that the seal affixed to the foregoing instrument is the city seal of said city and that
the said instrument was signed and sealed in behalf of said city by authority of its City Council;
and the said Jay B. Knudtson acknowledged said instrument to be the free act and deed of said
City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year last above written.
My Commission expires
�pgY P4" LADONNA LAUB
moo•. l6; My Commission Expires
NOTARY;*_ August 4, 2011 Notary Public
SEAL�og, Scott County
OF MSS, Commission #07462254
5
EXHIBIT "A"
All of that part of Ingram's Addition to the City of Cape Girardeau, as set forth in Plat Book 1, at
Page 6, and more particularly described as follows:
Commence at the intersection of the East right of way line of North Main Street and the North
line of Lot No. 110 in Range "Q" of said Ingram's Addition; thence South 27°22'26" West, with
the East right of way line of said North Main Street, 424.66 feet, to the point of beginning;
thence continue South 27022'26" West, 22.60 feet; thence leaving said North Main Street, North
89038'35" East, 371.61 feet; thence North 77'04'38" East, 50.97 feet; thence North 10021'35"
East, 43.88 feet; thence North 78000'53" East, 120.34 feet; thence South 78°41'08" East, 12.77
feet; thence South 57°45'06" East, 23.35 feet; thence North 31 036'16" East, 20.00 feet; thence
North 57045'06" West, 26.82 feet; thence North 78041'08" West, 20.59 feet; thence South
78000'53" West, 137.86 feet; thence South 10021'35" West, 44.12 feet; thence South 77004'38"
West, 35.60 feet; thence South 89°38'35" West, 358.90 feet, to a point on the East right of way
line of North Main Street, the point of beginning.
n
Title of Document:
Date of Document:
Grantor(s) Name and Address
RECORDER OF DEEDS
COVER PAGE
Quit -Claim Deed
October 9, 2009
GIIIIIIIIIIIIIIIIII�iIIVllI8 0 0 6 0 8 6Tx: 4004115
CtOCUMENT #
2OLD-€ 3102
JANET ROBERT
RECORDER Or DEEDS
CAPE GIRARDEAU COUNTY, MO
RECORDED ON
04/01/2010 08:24 AM
REC FEE. 3&00
PAGES,. 5
Union Electric Company d/b/a AmerenUE
P. O. Box 66149
St. Louis, MO 63166-6149
Grantee(s) Name and Address: City of Cape Girardeau
401 Independence
Cape Girardeau, Mo. 63701
Legal Description: See Legal Description on Pages 1-3
Reference Book & Page, if required: Plat Book 1, Page 6
oc-oeeoauero cave
QUIT -CLAIM DEED
By Corporation
THIS INDENTURE, Made and entered into effective the 61 day of o&-to\oe_%r ,
2c�oq
2f 4%, by and between UNION ELECTRIC COMPANY, a Missouri corporation, d/b/a
AmerenUE, P. O. Box 66149, St. Louis, Missouri 63166-6149, at the City of St. Louis, State of
Missouri, a corporation organized and existing under the laws of the State of Missouri,
successor to Missouri Utilities Company, a former Missouri corporation, Party of the First Part,
and CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation, P.O. Box 617, Cape
Girardeau, Missouri 63703, Party of the Second Part:
WITNESSETH, That Party of the First Part in consideration of the sum of
TEN AND 00/100 DOLLARS ( $10.00 )
and other valuable consideration to it paid by Party of the Second Part, the receipt of which is
hereby acknowledged, does by these presents Remise, Release and forever Quit -Claim unto
Party of the Second Part, the following described Lots, Tracts or Parcels of Land, lying, being
and situated in the County of Camden and State of Missouri, to -wit:
TRACT 1
All of that part of Ingram's Addition to the City of Cape Girardeau, as set forth in
Plat Book 1, at Page 6, more particularly described as follows:
Begin at the Southwest corner of Lot No. 97 in Range "P" of said Ingram's
Addition; thence North 05050'17" East, with the west line of said Lot No. 97, a
distance of 114.00 feet, to the northwest corner of said Lot; thence North
83054'47" West, 30.00 feet, to a point in the center of vacated Spanish Street;
thence North 05°50'17" East, 10.00 feet; thence leaving said vacated Spanish
Street, South 83°54'47" East, 233.00 feet; thence North 05050'17" East, 66.93
feet; thence South 83054'47" East, 20.00 feet; thence North 05°50'17" East,
18.64 feet; thence South 83059'55" East, 54.62 feet, to a point on the west right
of way of North Main Street; thence with said line, South 27022'27" West, 175.17
feet; thence along the arc of a curve to the left, having a radius of 432.29 feet, a
distance of 48.86 feet; thence leaving said North Main Street, North 83°54'47"
West, 197.97 feet, to the point of beginning, and containing 0.74 acres, more or
less, as shown on the accompanying plat. Subject to any easements of record.
TRACT 2
All of that part of Ingram's Addition to the City of Cape Girardeau, as set forth in
Plat Book 1, at Page 6, and all of that part of the adjacent Mississippi River Bank
and Mississippi River Bed, being above the low water mark, and more
particularly described as follows:
Begin at the intersection of the East right of way line of North Main Street and
the North line of Lot No. 110 in Range "Q" of said Ingram's Addition; thence
South 83°52'23" East, with the north line of said Lot No. 110, a distance of
550.84 feet, to a point on the west right of way line of the Burlington Northern
Railroad; thence with said right of way line, South 32°05'19" West, 164.85 feet;
thence South 57054'41" East, 27.00 feet; thence South 32005'19" West, 7.26
feet; thence South 57°15'36" East, 25.00 feet; thence North 32°05'19" East, 7.54
feet; thence South 57054'41" East, 18.00 feet; thence North 32005'19" East,
95.28 feet; thence leaving said railroad right of way, South 64039'08" East,
299.40 feet, to a point on the west bank of the Mississippi River; thence continue
South 64039'08" East, 1134.69 feet, to a point in the main channel of the
Mississippi River; thence with said channel South 38046'06" West, 145.35 feet;
thence North 84009'34" West, 1228.85 feet, to the intersection with the
extended north line of Mason Street and the west bank of said river; thence with
said line, North 84°09'43" West, 417.77 feet; thence North 31036'16" East,
471.39 feet; thence North 57°45'06" West, 26.82 feet; thence North 78041'08"
West, 20.59 feet; thence South 78°00'53" West, 137.86 feet; thence South
10021'35" West, 44.12 feet; thence South 77°04'38" West, 35.60 feet; thence
South 89038'35" West, 358.90 feet, to a point on the East right of way line of
North Main Street; thence with said line, North 27°22'26" East, 424.66 feet, to
the point of beginning, and containing 18.32 acres, more or less, excepting
there from any part below the low water mark of the Mississippi River, and being
as indicated on the accompanying plat. Subject to any easements of record and
the rights of the Burlington Northern Railroad.
EXCEPTING, however, all existing and future electrical, communication and
natural gas facilities located thereon; and RESERVING, however unto the First
Party, its successors, assigns, licensees, agents, lessees, contractors,
subcontractors, and tenants the perpetual right, and easement to construct,
reconstruct, use, operate, maintain, add to the number of and patrol all electric or
telephone and communication line or lines, or both consisting of poles, guys,
anchors, wires, cables, fixtures, transformers and appurtenances thereto, and all
natural gas line or lines consisting of piping, hardware, valves and other
appurtenances thereto on, over, across, or under any and all portions of the
above-described Premises with the right of ingress and egress to and over the
Premises described above, for all purposes herein stated, together with the right
to trim or cut down or cause to be trimmed or cut down at any time and from time
to time, any and all brush, saplings, trees, over -hanging branches or other
obstructions upon said Premises which may be deemed to interfere with the
construction, maintenance or use of, or endanger the safety of, said line or lines;
and the right to license, permit or otherwise agree to the use or occupancy of
said line or lines by any other person, association or corporation for electric,
telephone, communication or natural gas purposes; and with the further right to
remove at any time any or all of the said line or lines, and appurtenances thereto,
erected upon, over or under said land by virtue hereof.
Grantor states, and Grantee acknowledges, that the premises may contain certain
underground environmental liabilities, for which Grantor has assumed and will continue to
assume responsibility. Grantor agrees to indemnify and hold the City harmless for underground
environmental liabilities associated with the Grantor's use of the property. The term Grantor
shall include Union Electric Company, d/b/a AmerenUE successor to Missouri Utilities
Company. In the event Grantor plans any excavation work on utility easements retained on the
premises, Grantor will promptly notify Grantee of such plans. In the event the Grantee plans
any excavation work on the premises, Grantee will promptly notify Grantor of such plans.
Grantor and Grantee agree to cooperate with each other and with appropriate regulatory
agencies to avoid or to minimize any environmental hazards associated with Grantee's activities
on the premises. This paragraph is a covenant running with the land.
TO HAVE AND TO HOLD the same, with all the rights, immunities, privileges and
appurtenances thereto belonging unto the Party of the Second Part, and their successors and
assigns, FOREVER.
IN WITNESS WHEREOF, Party of the First Part has caused these presents to be
signed by its Vice President and attested by its Secretary and its corporate seal to be hereto
affixed, all effective the day and year first above written.
UNION ELECTRIC COMPANY
d/b/a AmerenUE
B C 1 #
Y
Df'117; ' W- WG�sen 6ar.1, Vice -President
ATTEST:
CITY OF ST. LOUIS 1
On this q-//+ day of 62CXk, /Pr 1 20 62 '? , before me appeared
t s to me personally known, who, being duly sworn, did say that they
are the ( ice_ - of UNION ELECTRIC COMPANY, a Missouri
corporation, d/b/a AmerenUE, and that the seal affixed to the foregoing instrument is the corporate seal of
said corporation, and that the said instrument was signed and sealed in behalf of said corporation by
authority of its Board of Directors and said Dehnis W. We /sen harm 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 at my office
in the City of St. Louis, Missouri, the day and year last above written.
Mark C. Jordan - Notary Public
Notary Seal, State of
Missouri - Cole County
Commission X345
My Commission Expires 11/7/2009
Marls C. "/0r14G1-7 . Notary Public