The URL can be used to link to this page

Home My Public Portal About10266 O R D I N A N C E NO. 10266 AN ORDINANCE, authorizing the Executive Director and Secretary-Treasurer to grant to Union Electric Company an easement for the operation and maintenance of electric, telecommunication line or lines consisting of poles, guys, anchors, wires, cables, conduits, transformers and appurtenances thereto over and across certain property of the District known as the Pardee Maintenance Yard, in the City of Crestwood, Missouri, and to execute an instrument giving effect thereto upon the conditions hereinafter set out. WHEREAS, the Union Electric Company has asked the District for the right to construct, operate and maintain said electric and/or telecommunication lines, over and across certain hereinafter described real property of the District known as the Pardee Maintenance Yard, and the District is desirous of granting such right for the good of the general public, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT: Section One. The Metropolitan St. Louis Sewer District does hereby grant to the Union Electric Company an easement for the operation and maintenance of electric and/or telecommunication line or lines consisting of poles, guys, anchors, wires, cables, conduits, transformers and appurtenances thereto over and across certain real property of the District as hereinafter described in the City of St. Louis, Missouri, such property being described as follows: The northeasterly ten (10) feet of a tract of land in U.S. Survey 9 and part of the Wells Tract and part of Lot 1 of Kennedy Estate Partition of Lot 5 of the Subdivision of Wells Tract, Township 44 North, Range 6 East, St. Louis County, Missouri; as described in deed thereof recorded in Deed Book 4451, Page 432 of the St. Louis County, Missouri Records. Said northeasterly ten (10) feet is further described as adjoining the southwesterly line of Pardee Lane (40' W.) Locator No. 25L330330 Section Two. The rights herein granted are limited to such rights as the District may have in the premises concerned and the Union Electric Company shall secure such permission as may be necessary on account of any other existing rights. Section Three. The District's superior right to the use of such property for sewer and drainage purposes is hereby reserved. Section Four. The Union Electric Company shall at its own sole cost and expense relocate, change or adjust such portion of its electric transmission system as is reasonably necessary in order to avoid interference with future construction, reconstruction, repair and operation of Grantor's facilities in aforesaid property. Section Five. The Executive Director and Secretary-Treasurer are hereby authorized to execute in behalf of the District an instrument giving effect to Sections One, Two, Three, and Four. The foregoing Ordinance was adopted December 15, 1997. EASEMENT 8645 Pardee Lane Crestwood Mackenzie KNOW ALL MEN BY THESE PRESENTS, that THE METROPOLITAN ST. LOUIS SEWER DISTRICT, a Public Corporation and Political Subdivision of the State of Missouri, its successors and assigns whether one or more and whether an individual, individuals, a corporation, or other legal entity (hereinafter "Grantor"), for and in consideration of the sum of One and No/100ths dollars ($1.00) the receipt and sufficiency of which is hereby acknowledged, does grant unto UNION ELECTRIC COMPANY, a Missouri corporation, its successors and assigns (hereinafter "Grantee"), the perpetual right and easement to construct, reconstruct, use, operate, maintain, add to the number of and patrol an electric, telecommunication line or lines consisting of poles, guys, anchors, wires, cables, conduits, transformers and other appurtenances thereto, upon, over, across, and under the following described land, to-wit: The northeasterly ten (10) feet of a tract of land in U.S. Survey 9 and part of the Wells Tract and part of Lot 1 of Kennedy Estate Partition of Lot 5 of the Subdivision of Wells Tract, Township 44 North, Range 6 East, St. Louis County, Missouri; as described in deed thereof recorded in Deed Book 4451, Page 432 of the St. Louis County, Missouri Records. Said northeasterly ten (10) feet is further described as adjoining the southwesterly line of Pardee Lane (40' W.) Locator No. 25L330330 along with all rights incidental to the exercise and enjoyment of said easement rights, including without limitation the right of ingress and egress to and over the above described easement area and premises of Grantor adjoining the same, for all purposes herein stated; together with the right at any time and from time to time, to trim and cut down any and all brush, saplings, trees and overhanging branches and remove same and/or any rocks or other obstructions upon, over, and under said easement area and the premises of Grantor adjoining the same, which, in Grantee's judgment, interfere with the exercise and enjoyment of Grantee's rights hereunder, 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 easement or any portion thereof or of said line or lines by any other person, association or corporation for the purposes hereinabove set out; and with the further right at any time and from time to time, to remove any or all of the said line or lines, and appurtenances thereto located upon, over, across and under said land by virtue hereof. Grantor, for itself, its successors and assigns, does hereby warrant and covenant unto Grantee (1) that Grantor is the owner of the above described land and has full right and authority validly to grant this easement, (2) that Grantee may quietly enjoy the premises for the purposes herein stated so long as such use does not interfere with The Metropolitan St. Louis Sewer District's superior right to the use of such property for sewer or drainage purposes and (3) that Grantor will not create or permit any obstruction of any kind or character that will interfere with the exercise and enjoyment of the easement rights hereinabove conveyed, excepting, however, that Grantee shall at its own sole cost and expense relocate, change or adjust such portion of its electric transmission system as is reasonably necessary in order to avoid interference with future construction, reconstruction, repair and operation of Grantor's facilities in aforesaid property. By acceptance of this Easement, Grantee agrees to hold harmless and indemnify the Grantor from and against any and all liabilities, costs and expenses, including without limitation attorneys fees, incurred by Grantor by reason of any personal injury or death, or damage to property, to the extent caused by the tortious conduct of Grantee, in the exercise of the foregoing easement rights; provided that Grantor shall give Grantee prompt notice of any such occurrence or claim of liability. IN WITNESS WHEREOF, said THE METROPOLITAN ST. LOUIS SEWER DISTRICT has caused these presents to be signed by its Executive Director and the corporate seal hereunto affixed this ______ day of _________________________________, 1997. ATTEST: THE METROPOLITAN ST. LOUIS SEWER DISTRICT _________________________ _________________________________________ Secretary John F. Koeper Executive Director IN WITNESS WHEREOF, said UNION ELECTRIC COMPANY has caused these presents to be signed by its _______________________________and the corporate seal hereunto affixed this _____ day of ________________, 1997. ATTEST: UNION ELECTRIC COMPANY _______________________________ By_________________________________ Its________________________________ STATE OF MISSOURI ) ) SS. COUNTY OF ST. LOUIS ) On this _________ day of _________________________, 1997, before me appeared John F. Koeper to me personally known, who, being by me duly sworn, did say that he is Executive Director of THE METROPOLITAN ST. LOUIS SEWER DISTRICT, a Public Corporation and a Political Subdivision of the State of Missouri 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 Trustees and said John F. Koeper acknowledged said instrument to be the free act and deed of said corporation. My Commission expires______________________________ ____________________________________ _ Notary Public STATE OF MISSOURI ) ) SS. CITY OF ST. LOUIS ) On this _________ day of _________________________, 1997, before me personally appeared ____________________________ to me personally known, who, being by me duly sworn, did say that he is _____________________________ of UNION ELECTRIC COMPANY, a Corporation of the State of Missouri 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 ___________________________________ acknowledged said instrument to be the free act and deed of said corporation. My Commission expires_______________________________ ____________________________________ _ Notary Public