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HomeMy Public PortalAboutORD15130BILL NO. 2013-25 SPONSORED BY COUNCILMAN _ _____.::S=c:!..!.riv=n=e~r ___ _ ORDINANCE NO. ___ /_':)_J .....:::~;........:(}:::;...__ ____ _ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH UNISITE, LLC , (AMERICAN TOWER) FOR LEASE OF A PROPERTY FOR A CELL TOWER BEHIND FIRE STATION 3. . BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON , MISSOURI , AS FOLLOWS: Section 1.The Mayor and City Clerk are hereby authorized and directed to execute an agreement with Unisite, LLC , for lease of a property for a cell tower behind Fire Station #3 . Section .f. The agreement shall be substantially the same in form and content as the agreement attached hereto as Ex hibit 1. Section ~. This Ordinanc e shall be in full force and effect from and after the date of its passage and approval. Pa ssed : ~ I ~ Jol 3 Approved : _ ___,~""--""-+--':.........:::..- rflt.r~L. ~ Pres idrng Office r M ayo r APPROVED AS TO FORM : City ¢6lJflSeiOf SECOND AMENDMENT TO PCS SITE AGREEMENT THIS SECOND AMENDMENT TO PCS SITE AGREEMENT ("Second Amendment") is entered into as of the day of 0 i,hf -� , 2014 (the "Effective Date"), by and between the City of Jefferson, a Missouri municipal corporation (hereinafter referred to as "Landlord") and Unisite, LLC, a Delaware limited liability company, (hereinafter referred to as "Tenant") (Landlord and Tenant being collectively referred to herein as the "Parties'). WITNESSETH: A. Landlord is the owner of that certain parcel of land (the "Parent Parcel'D located in the County of Cole, State of Missouri, and Landlord, or its predecessor in interest, and Tenant, or its predecessor in interest, entered into that certain PCS Site Agreement dated April 19, 2000, (the "Agreement") as amended by that certain First Amendment to Lease Agreement dated August 6, 2013, (collectively, the "Lease"), whereby the Tenant leases a portion of the Parent Parcel (the "Leased Premises"), together with any easements for ingress and egress and the installation and maintenance of utilities, all as. set forth in the Lease (hereinafter collectively the "Site"). The Parent Parcel and Site are depicted in Exhibit A-1 attached hereto. B. Landlord and Tenant desire to amend the terms of the Lease as provided herein. NOW, THEREFORE, in consideration of the mutual covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: 1. Existing Leased Premises. The Parties agree and acknowledge that the Leased Premises is depicted in Exhibit A-2 attached hereto. The depiction of the Leased Premises contained in Exhibit A-2 replaces and supersedes any depictions of the Leased Premises previously included in the Lease which are hereby null and void and of no further force and effect. 2. Additional Ground Space. a. Effective as of the Commencement Date (as defined below), Landlord hereby leases to Tenant an additional seven hundred square feet (700 s.f.) of land (the "Additional Area") contiguous to the Premises as designated on Exhibit B. Upon the Commencement Date, the Additional Area is hereby included in the Premises under the Lease. Exhibit B may be replaced by Tenant with a survey depicting the actual legal description of the Premises and/or the Site. b. Landlord hereby grants to Tenant, its officers, agents, employees and independent contractors the right and privilege to enter upon the Parent Parcel, Site, and/or the Additional Area at any time after the date of this Second Amendment, to perform or cause to be performed test borings of the soil, environmental audits, sampling, and/or tests, engineering studies and to conduct a survey of the Parent Parcel and/or the Site and the Additional Area. Landlord will provide Tenant with any necessary keys or access codes to the Parent Parcel if needed for ingress and egress. Landlord will not unreasonably interfere with Tenant's use of the Parent Parcel in conducting these activities. Second Amendment to PCS Site Agreement Firestation 3 Memorial Prk C, Site #93023 c. The "Commencement Date" shall be the earlier of (i) the date Tenant notifies Landlord in writing that Tenant elects to commence leasing the Additional Area; or (ii) the Rent Commencement Date, as defined below. d. The "Rent Commencement Date" is the earlier of: (i) the date that Tenant issues a written `Notice To Proceed' to one of its actual or prospective licensees or sublessees ( hereinafter "Customer") for the purpose of commencing the Customer's installation of equipment on all or a portion the Additional Area; or (ii) if no written Notice to Proceed is issued, then the date that a Customer which has entered into a license or sublease agreement with Tenant commences to install such Customer's equipment or other personal Parent Parcel at the Additional Area; or (iii) eighteen (18) months after the Effective Date of this Second Amendment. e. The Rent Commencement Date shall be contingent on: (i) Tenant entering into a binding agreement with a Customer for that Customer's occupation of a portion of the Additional Area and Tenant and such Customer obtaining all necessary certificates, permits, licenses, and other approvals that may be required by any federal, state, or local authority for a Customer to occupy and operate on the Additional Area and Site; and (ii) Tenant determining, at its sole discretion, that the status of title of Landlord as to the Additional Area is acceptable to Tenant; and (iii) Tenant determining at its sole discretion that the Additional Area, Site and Parent Parcel are clear of any hazardous substances, which include any material or substance which is or becomes defined as a hazardous substance, pollutant, or contaminant, subject to reporting, investigation, or remediation pursuant to any federal, state, or local governmental authority, and any oil, or petroleum products or their by-products. If any one of the above contingencies shall not be satisfied, then Tenant may, at any time prior to the Rent Commencement Date, in writing to Landlord, terminate this Section 1 in its entirety and this Section 1 shall then be null and void and of no further force and effect, provided that the remainder of this Second Amendment will otherwise survive and continue in full force and effect. f. Commencing on the Rent Commencement Date, the monthly rent payable under the Lease shall be increased by One Thousand one Hundred Ninety and 00/100 Dollars ($1,190.00) per month. 3. Signage. Without limiting any of Tenant's rights under the Lease, Tenant shall have the right to install and maintain identifying signs or other signs required by any governmental authority on or about the Site, including any access road to the Site. 4. Documentation. Upon any permitted transfer or assignment of the Landlord's interest in this Lease, prior to Tenant's being obligated to make any rent or other payments to the successor Landlord, Landlord's successor will provide Tenant with a completed Internal Revenue Form W-9, or then equivalent form, and any other reasonably necessary documentation requested by Tenant in order to confirm such transfer of the Lease. Second Amendment to PCS Site Agreement Firestation 3 Memorial Prk C, Site #93023 5. Memorandum of Lease. Upon request by Tenant, Landlord shall execute and deliver to Tenant a Memorandum(s) of Lease, reflecting this Second Amendment, in a form reasonably acceptable to Tenant and which is recordable in the county in which the Parent Parcel is located. b. Ratification/Estoppel. Tenant and Landlord each hereby ratifies and confirms that the Lease is in full force and effect. Landlord represents and warrants that, as of the Effective Date, Tenant is not in default in the payment or performance of its obligations under the Lease and, to the best of Landlord's current knowledge, there is no existing condition that, although not presently a default, may result in a default under the Lease. Except as modified herein, the Lease and all the covenants, agreements, terms, provisions and conditions thereof remain in full force and effect and are hereby ratified and affirmed. If any inconsistency exists or arises between the terms of the Lease and the terms of this Second Amendment, the terms of this Second Amendment shall prevail. 7. Entirety; Amendment; Counterparts. This Second Amendment, together with the Lease, constitutes the entire agreement among the undersigned parties hereto. Any modification to this Second Amendment must be in writing and signed and delivered by authorized representatives of the affected parties in order to be effective. This Second Amendment will be governed by the laws of the state in which the Site is situated. This Second Amendment may be executed in any number of counterparts, each of which shall be an original, which may be delivered via facsimile, but all of which taken together shall constitute one instrument. [SIGNATURES APPEAR ON THE NEXT PAGE — REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Second Amendment to PCS Site Agreement Firestation 3 Memorial Prk C, Site #93023 IN WITNESS WHEREOF, Landlord and Tenant have each executed this Second Amendment as of the Effective Date written above LANDLORD: CITY OF JEFFERSON A MISSOURI MUNICIPAL CORPORATION Signature: Print Name: F)i ;L T S+guemOYl Title: ' Date: APPROVEDASTOFORM: City Counselor TENANT: UNISITE, LLC A DELAWARE COMPANY Signature: LIMITED LIABILITY Print Name: / 1 V a t cj ai\, � (?,)L n �A Title: �C 1.�✓ lC�� Date: Second Amendment to PCS Site Agreement Firestation 3 Memorial Prk C, Site #93023 EXHIBIT A-1 DESCRIPTION AND/OR DEPICTION OF PARENT PARCEL This Exhibit May be Replaced by a Survey at Tenant's Option depicting the Parent Parcel. Second Amendment to PCS Site Agreement Firestation 3 Memorial Prk C, Site #93023 EXHIBIT A-2 DESCRIPTION AND/OR DEPICTION OF LEASED PREMISES This Exhibit May be Replaced by a Survey at Tenant's Option depicting the Leased Premises, Site, Access and Utilities Easements and if applicable, guy wire and guy anchor easements. Second Amendment to PCS Site Agreement Firestation 3 Memorial Prk C, Site #93023 EXHIBIT B Leased Premises including Additional Area This Exhibit May be Replaced by Survey at Tenant's Option depicting the Premises, Site, Access and Utilities Easements and if applicable, guy wire and guy anchor easements. Second Amendment to PCS Site Agreement Firestation 3 Memorial Prk C, Site #93023 • - - EITA SITE DESCRLPTION Site name Fire Station 43 Site I.D. MO -08-234-C Nine Plur)dred square feet (4001) within the site situated in the City of Jefferson, County of Cole, State of Missouri, more commonly known as Fire Station 3, and described as follows: PROPERTY DESCRIPTION Fart of the Southeast Quarter (SEI/4) of Section Two (2), Township Forty-four (44), Range Twelve (12), in the City of Jefferson, Missouri, more particularly described as follows: From a point on the East line of said Section, 599.5 feet South of the Northeast coroner of the Southeast Quarter of the Southeast Quarter of said .Section; thence North 79 west (magneticy 837,5 feet, to a point on the northerly right-of-way line of the Missouri Pacific Railway and the BEGINNING POINT of this description; thence northerly 830 feet, to the southerly line of a tract conveyed to Ben J. Fechtel ands wife, by Warranty Deed of record in Book 119, Page 524, Cole County Recorder's Office; thence west 50 feet along the southerly line of said tract to the southeasterly corner thereof, and being on the easterly line of another tract conveyed to Ben J. Fechtel and wife, by Warranty Deed of record in Boob 108, Page 513, Cole County Recorder's Office; thence South 040 East, along the easterly line of the above described tract, 55 feet, to the southeasterly corner thereof; thence South 880 west, along the southerly line of said tract, 121.7 feet, to the southwesterly corner thereof; thence South 746 feet to the northerly right-of-way line of the Missouri Pacific Railway; thence southeasterly along said right-of-way line, 189.5 feet, to the POINT OF BEGINNING of this description. Street Address if known: 2104 INDUSTRIAL BOULEVARD, JEFFERSON CITY, MISSOURI 65109 City Initials Tenant Initials Wi:(f-vli7ryl 1(l[rrlM fri4ras�furAt��'1�rrhrli(d+ir�l('r►rrtnu�c�ln;�((c�r�„�(•(:t1(,�tigat� {t•t (rjrt+10titir-ti [IN ::t,p(i q qj yy 4 •� n i ILI 0 0 yy 4 •� n i 0 0 Nal pan 41! 'a.3Llell108d AllimiS Sl 'OMI SNOklV3ftln;1O3 1.NICdINIVO 01 ShVrl•.'tj a• s H3t11.Y, 1%VIi NYHL 113410 WIS010S1t1 80 3sn '3NOIVU I -� APPY A6 Alf:`OlddOgd S4 Sl1l3NEf'POO '*�I 30 13S SHUL fif OrI PL IM, NO M'tWAN o 0 4.1 j o ]H1 `-; '31ON AdVIINc1c7}J' d 0 yy 4 t n 0 0 mosinooy -,is 21j3ilIJ.�3 J2! _.. •— D .TI u -i r .�✓ _ OM Z Fla i<OS1133'.3r JO u':} 43RAO AIN3doNd i IR(—Z[—Z6 A 3cr11=nNm ZL—S£-9S' ii=33rLLIM 3NGZ � I er,IS9 Ai'! 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L-.S'Jti`. 3:3N3a :!tll: ktti117 ,3_p ll %"M dad 3AIt."1)J3i S110:11.Q01 ilhly S11C!IlY'1IJ31>;i1 ti•�14311ti` �' .1i011i .3 a3Snd��tlrJ=S3ICJI•I (. t 113: tcll liy3 11•:!i t..l .#•t4 :t) 34 ti1?Ilb:�L'l 4.3;iUdtldd 0.31A O'R- I r l 41--l"le-', ti j} 41--c::' {} Q ` 121l+/.Gd 0350dOi1d � �- � � I ,Oi: L3:iSOc'.r�2ld 5:11 % • S t 31:.^J SS30:y: i .Z 1 Q3soXfoad 1 i t IN311d:E103 11410dINNO i JO tMiLY301 03S8d•37dd l l• .� C:Isf1Y1 ,Ol —,Z l —•—•-i 1 x y l •..0; 103 :Od0.td i _._.._ rOdOACI l } n � .=751 035G.:U13d l TIM, 4538?PS SfJ�iaul HOD( .9 (1.3sodoud .fit ::t7f1�F:141 ::iSOdf?2id MOL .O£ .9 -.6 311/ W U Baa 0 C .- a, z N v) X 00 0 :3 Ix N Z x in- Q N f) 0 0 m m z m 30'-0" FENCE & LEASE AREA on an PROPOSED 20'-0" _ FENCE & LEASE AREA 12'-0" GATE —� 9'-6- -410 0o 3 0 DO �N nm =v Xm m ca z 40 zm Prepared by and Return to: American Tower 10 Presidential Way Woburn, MA 01801 Attn: Land Management / Robert Batiste Jr. 781.926.7107 ATC Site #93023 ATC Site Name: Firestation 3 Memorial Prk C Assessor Parcel # 10-0.1-02-000-400-501-7 MEMORANDUM OF LEASE This MEMORANDUM OF LEASE ("Memorandum") is entered into on the IGA day of JCL ojor' , 20 by and between The City of Jefferson, a Missouri municipal corporation (hereinafter referred to as the "Landlord"), and Unisite, LLC, a Delaware limited liability company, with a principal place of business at 116 Huntington Avenue, Boston, MA 02116 (hereinafter referred to as "Tenam"). NOTICE is hereby given of the following described Lease as amended, for the purpose of recording and giving notice of the existence of said Lease. To the extent that notice of such Lease has previously been recorded, then this Memorandum shall constitute a restatement and amendment of any such prior recorded notices. 1. Lease: PCS Site Agreement, between the Landlord, or its predecessor in interest, and the Tenant, or its predecessor in interest, entered into on April 19, 2000, as amended by that certain First Amendment to Lease Agreement dated August 6, 2013, and, further amended by that certain Second Amendment to PCS Site Agreement dated October 31, 2014 (collectively, the "Lease"). 2. Lease Commencement: April 19, 2000. 3. Expiration of Current Term: April 18, 2015. 4. Extended Terms: Seven (7) five (5) year terms. 5. Leased Premises: As described in Exhibit "A," attached hereto, together with any access and utility easements. 6. Addresses: The statutory addresses of the appropriate parties are as follow: Landlord: City of Jefferson 320 E. McCarty Street Jefferson City, MO 65101 Tenant: Unisite, LLC c/o American Tower 10 Presidential Way Woburn, MA 01801 With a Copy to: American Tower Attn: Legal Department 116 Huntington Ave Boston, MA 02116 7. Incorporation: The terms and conditions of the Lease, as amended, are hereby incorporated into this Memorandum. 8. Effect: This Memorandum is not a complete summary of the terms and conditions contained in the Lease. Provisions in the Memorandum should not be used in interpreting the Lease provisions. In the event of a conflict between this Memorandum and the Lease, the Lease will control. [SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, Landlord and Tenant have each executed this Memorandum as of the day first above written. LANDLORD: City of Jefferson 9�9-- By: Eric T,S'fUe.M�h Its: Akrlf State of /1 / County of C a Ce ) WITNESSES: Sign tore Print Name: 1A u rA- L. Le w is Print Name: ACKNOWLEDGEMENT On S / i� before me, Ca✓e l- (here insert name), a Notary Public, ersonally appeared 95 i Z personally known to me (or proved to me on the basis of satisfactory evidence) to be the person s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my band and offi c/ otaryublic Printe: l r ✓p—e mmission expires: JXJ I O4 20[( JEVER Nota1];:— :NNo:taz ,y S l CommineMY Commistob�Commis128_.. _,; TENANT: Unisite, LLC Its: MCAdSeVef �SwA3an 'Se�,o r— CO3A Ce % Commonwealth of Massachusetts ) County of Middlesex WITNESSES: ignure at PrintN e: 1.6(w6i ACKNOWLEDGEMENT On (o l r before me, `(6-):.-Jk C • (here insert name), a Notary Public, plic, rso d _ 6c rt "-t. k ^ S4^ , personally (mown to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names is are su scried to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. hand and official seal. Notary Public*-f`lONW6ALTH 1%RT L. BATISTE, , Print Name: Notary Public My commission expires: OF MASSACHU: My Commission Expires November 23, 2018 EXE"IT A m PARENT PARCEL PART OF THE SOUTHEAST QUARTER OF SECTION TWO, TOWNSHIP FORTY—FOUR, RANGE TWELVE, IN THE CITY OF JEFFERSON, MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWSo FROM A POINT ON THE EAST LINE OF SAID SECTION, 5995 FEET SOUTH OF THE NORTHEAST CORNER I3F THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTD]N) THENCE NORTH 79' WEST (MAGNETIC) 837.5 FEET, TO A POINT ON THE NORTHERLY RIGHT—OF—WAY LINE OF THE MISSOURI PACIFIC RAILWAY AND THE BEGINNING POINT OF THIS DESCRIPTION) THENCE NORTHERLY 830 FEET, TO THE SOUTHERLY LINE OF A TRACT CONVEYED TO BEN J. FECHTEL AND WIFE, BY WARRANTY DEED OF RECORD IN BOOK 119, PAGE 524, COLE COUNTY RECORDER'S OFFICE) THENCE WEST 50 FEET ALONG THE SOUTHERLY LINE OF SAID TRACT TO THE SOUTHEASTERLY CORNER THEREOF, AND BEING ON THE EASTERLY LINE OF ANOTHER TRACT CONVEYED TO BEN J. FECHTEL AND WIFE, BY WARRANTY DEED 13F RECORD IN BOOK 108, PAGE 513, COLE COUNTY RECORDER'S OFFICE) THENCE SOUTH 04• EAST, ALONG THE EASTERLY LINE OF THE ABOVE DESCRIBED TRACT, 55 FEET, TO THE SOUTHEASTERLY CORNER THEREOF) THENCE SOUTH 88• WEST, ALONG THE SOUTHERLY LINE OF SAID TRACT, 121.7 FEET, TO THE SOUTHWESTERLY CORNER THEREOF) THENCE SOUTH 746 FEET TO THE NORTHERLY RIGHT—OF—WAY LINE OF THE MISSOURI PACIFIC RAILWAY) THENCE SOUTHEASTERLY ALONG SAID RIGHT--43F—WAY LINE, 189.5 FEET, TO THE POINT OF BEGINNING OF THIS DESCRIPTION. LEASE AREAS Existing Area A TRACT OF LAND IN THE SOUTHEAST QUARTER OF SECTION 2 TOWNSHIP 44, RANGE 12 IN THE CITY QF JEFFERSON, COLE COUNTY, MISSOURI BEING MORE PARTICULARLY DESCRIBED AS FQLLOWSI COMMENCING AT THE SOUTHWEST CORNER OF WESTRIDGE ADDITION RECORDED IN PLAT BOOK 5 PAGE 9 OF THE JEFFERSON COUNTY, MISSOURI RECORDER'S RECORDS) THENCE NORTH 04 DEGREES 30 MINUTES 00 SECONDS WEST, ALONG THE WEST LINE OF SAID SUBDIVISION A DISTANCE OF 533.47 FEET) THENCE NORTH 88 DEGREES 59 MINUTES 49 SECONDS WEST, A DISTANCE QF 47.39 FEET) TO THE POINT OF BEGINNING) THENCE SOUTH 00 DEGREES 11 MINUTES 09 SECONDS EAST, A DISTANCE OF 31.00 FEET) THENCE NORTH 88 DEGREES 59 MINUTES 49 SECONDS WEST, 31.00 FEET) THENCE NORTH 00 DEGREES 11 MINUTES 09 SECONDS WEST, A DISTANCE OF 31.00 FEET) THENCE SOUTH 88 DEGREES 59 MINUTES 49 SECONDS EAST, A DISTANCE OF 3Loo FEET TO THE POINT OF BEGINNING, CONTAINING 961 SQUARE FEET OR 0.022 ACRES, MORE OR LESS. Expansion Area A TRACT OF LAND IN THE SOUTHEAST QUARTER OF SECTION 2 TOWNSHIP 44, RANGE 12 IN THE CITY OF JEFFERSON, COLE COUNTY, MISSOURI BEING MORE PARTICULARLY DESCRIBED AS FOLLOWSP COMMENCING AT THE SOUTHWEST CORNER OF WESTRIDGE ADDITION RECORDED IN PLAT BOOK 5 PAGE 9 OF THE JEFFERSON COUNTY, MISSOURI REC(3RDER'S RECORDS) THENCE NORTH 04 DEGREES 30 MINUTES 00 SECONDS WEST, ALONG THE WEST LINE OF SAID SUBDIVISION A DISTANCE OF 533.47 FEET) THENCE NORTH 88 DEGREES 59 MINUTES 49 SECONDS WEST, A DISTANCE OF 47.39 FEET) TO THE POINT OF BEGINNING) THENCE CONTINUING NORTH 88 DEGREES 59 MINUTES 49 SECONDS WEST, A DISTANCE OF 35.00 FEET) THENCE NORTH 00 DEGREES H MINUTES 09 SECONDS WEST, A DISTANCE OF 20.00 FEET) THENCE SOUTH 88 DEGREES 59 MINUTES 49 SECONDS EAST, A DISTANCE OF 35.00 FEET) THENCE SOUTH 00 DEGREES U MINUTES 09 SECONDS EAST, A DISTANCE QF 20.00 FEET TO THE POINT OF BEGINNING, CONTAINING 700 SQUARE FEET OR 0.016 ACRES, MORE OR LESS. EASEMENTS Access Easement A 30 FOOT WIDE EASEMENT FOR ACCESS AND UTILITIES BEING IN A TRACT OF LAND IN THE SOUTHEAST QUARTER OF SECTION TOWNSHIP 44, RANGE 12 IN THE CITY OF JEFFERSON, COLE COUNTY, MISSOURI, THE CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, COMMENCING AT THE SOUTHWEST CORNER OF WESTRIDGE ADDITION RECORDED IN PLAT BOOK 5 PAGE 9 OF THE JEFFERSON COUNTY, MISSOURI RECORDER'S RECORDS) THENCE NORTH 04 DEGREES 30 MINUTES 00 SECONDS WEST, ALONG THE WEST LINE OF SAID SUBDIVISION A DISTANCE OF 533.47 FEET) THENCE NORTH 88 DEGREES 59 MINUTES 49 SECONDS WEST, A DISTANCE OF 32.38 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE TO BE DESCRIBED) THENCE SOUTH 00 DEGREES 11 MINUTES 09 SECOND WEST, A DISTANCE OF 32.74 FEET) THENCE SOUTH 15 DEGREES 19 MINUTES 22 SECONDS WEST, A DISTANCE OF 3.371 THENCE CONTINUING SOUTH 15 DEGREES 19 MINUTES 22 SECONDS WEST, A DISTANCE OF 92.67 FEET) THENCE SOUTH 41 DEGREES 55 MINUTES 33 SECONDS WEST, A DISTANCE OF 87.26 FEET) THENCE 91.74 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 130.81 FEET) A CHORD BEARING SOUTH 12 DEGREES 38 MINUTES 46 SECONDS WEST, A CHORD'DISTANCE OF 89.87 FEET) THENCE SOUTH 03 DEGREES 51 MINUTES 39 SECONDS WEST, A DISTANCE QF 188.23 FEET) THENCE 38.70 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS QF 6519 FEET, A CHORD BEARING SOUTH 16 DEGREES 08 MINUTES 29 SECONDS EAST, A CHORD DISTANCE OF 3844 FEET TO THE NORTHERLY RIGHT OF WAY OF THE MISSOURI PACIFIC RAILWAY AND THE POINT OF TERMINATION, CONTAINING 16,061 SQUARE FEET OR 0.379 ACRES, MORE OR LESS. Utility Easement A 10 FOOT WIDE EASEMENT FOR UTILITIES BEING IN A TRACT OF LAND IN THE SOUTHEAST QUARTER OF SECTION 2 TOWNSHIP 44, RANGE 12 IN THE CITY OF JEFFERSON, COLE COUNTY, MISSOURI, THE CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWSo COMMENCING AT THE SOUTHWEST CORNER OF WESTRIDGE ADDITION RECORDED IN PLAT BOOK 5 PAGE 9 OF THE JEFFERSON COUNTY, MISSOURI RECORDER'S RECORDS) THENCE NORTH 04 DEGREES 30 MINUTES 00 SECONDS WEST, ALONG THE WEST LINE OF SAID SUBDIVISION A DISTANCE OF 533.47 FEET] THENCE NORTH 88 DEGREES 59 MINUTES 49 SECONDS WEST, A DISTANCE OF 32.38 FEET] THENCE SOUTH 00 DEGREES 11 MINUTES 09 SECOND WEST, A DISTANCE OF 32.74 FEET1 THENCE SOUTH 15 DEGREES 19 MINUTES 22 SECONDS WEST, A DISTANCE QF 3.37 TO THE POINT OF BEGINNING OF THE CENTERLINE TO BE DESCRIBEDI THENCE NORTH 88 DEGREES 59 MINUTES 49 SECONDS WEST, A DISTANCE OF 29.75 FEET TO THE POINT OF TERMINATION, CONTAINING 143 SQUARE FEET OR 0.003 ACRES, MORE OR LESS.