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HomeMy Public PortalAbout398873����LY q Y�� BOOK : 1806��' -I 0 7a 3 INCH AREA ABOVE - LEAVE BLANK (FOR RECORDERS OFFICE USE ONLY) DOCUMENT TYPE: AGREEMENT DATE OF DOCUMENT: U , ) S U 5 .F- GRANTOR: McDONALD'S REAL ESTATE COMPANY 10801 MASTIN BLVD. SUITE 400 OVERLAND PARK, KS 66210 GRANTEE: METROPOLITAN ST LOUIS SEWER DISTRICT 2350 MARKET STREET, ST. LOUIS, MO 63103 PROPERTY ADDRESS: 10431 PAGE AVENUE COUNTY LOCATOR #: 15M320926 CITY OF ST. LOUIS PARCEL #: N/A CITY/MUNICIPALITY: OVERLAND, MISSOURI " LEGAL DESCRIPTION: PART OF LOT 6 OF MASON RIDGE SUBDIVISION IN U.S. SURVEY 3040, T. 46 N. R. 6 E. CITY OF OVERLAND, ST. LOUIS, COUNTY, MISSOURI BOOK 1 8 0 7 '7 a.s ye . I t_ 36 MAINTENANCE AGREEMENT KNOW ALL MEN BY THESE PRESENTS, that, McDonald's Real Estate Company, A Delaware corporation, its successors and assigns ("McDonald's"). for and in consideration of the approval of sewer plans and of the issuance of a sewer permit by The Metropolitan St. Louis Sewer District for storm water management facilities according to plans to be approved by said District for a development known as 10431 Page Avenue, City of Overland, in St. Louis County, Missouri, and other good and valuable considerations, do hereby agree and promise, as follows: 1. To build and construct stormwater management facilities, including Best Management Practices (BMP), basins, drainage facilities, appurtenances and sewer lines, in accordance with the design, plans and report, submitted to and approved by The Metropolitan St. Louis Sewer District, Project No. MSD P# 7860-01. The stormwater management facilities are to be perpetually located within the dimensioned and reserved area, as shown hachured on the exhibit "A" as attached hereto and made a part hereof. 2. To maintain and operate the stormwater management facilities in conformity with the approved Stormwater Management Facilities Report. 3. To maintain all pipes and drains in good working order and maintain all walls, dikes, vegetation, filter media, and any other requisite appurtenances and improvements for the retention and management of stormwater in good repair. 4. That in the event McDonald's or its successor in title to said property shall fail to maintain the stormwater management facilities, BMP, basins, drainage facilities, appurtenances and sewer lines in accordance with this agreement, The Metropolitan St. Louis Sewer District shall be permitted to enter onto the property and make the repairs and corrections and perform such maintenance as it deems necessary and bill the owners of said property for the services performed. It is further agreed that in the event said bill or charge for the services performed shall not be paid within a period of thirty (30) days said sum shall become a lien on the real property and shall accrue interest at a rate of eight percent (8%) until paid in full. 5. This agreement is irrevocable and shall continue forever. MSD 5.18 (CORPORATE with exhibit A) Document #: 505254-v2 1 ROOK 18067 - #, " IN WITNESS WHEREFORE, the said McDonald's Real Estate Company has caused these presents to be signed by its N, 4, f iesideat- a- s-4-A A.M- SCCe-kto (-1 and its corporate seal to be affixed this I s---kk. day ,;QuS'6- , 2008. STATE OF ILLINOIS ) ss COUNTY OF DUPAGE ) McDonald's Real Estate Company A Delaware corporation B.y: CI Ca idiine A. Griffin \\ l Vice President and Assistant e etary g . a Notary Public in and for the county and state aforesaid, DO HEREBY CERTIFY that Catherine A. Griffin , Vice President and Assistant Secretary of McDonald's Real Estate Company, a Delaware corporation, who is personally known to me to be the same persons whose name is subscribed to the foregoing instrument as such Vice President and Assistant Secretary, appeared before me this day in person and acknowledged that she signed, sealed and delivered the said instrument as her free and voluntary act as such Vice President and Secretary and as her free and voluntary act of said corporation for the uses and purposes therein set forth. Given under my hand and notarial seal, this -j { t day of AAA . , 2008. z oi Public CFFICfAL SEAL C SA":DRA BIESCHKE My commission expires ),�,L1�r� a� NOTAR.-STATE OF ILLINOIS MY ::OMMISSION Ea7,1RES:013128109 MSD 5.18 (CORPORATE with exhibit A) Document #: 505254-v2 2 BOOK : 18067 - Page: 1938 IN WITNESS WHEREOF, the parties hereto have duly executed these presents to be signed by the Director of Engineering for The Metropolitan St. Louis Sewer District. THE METROPOLITAN ST. LOUIS SEWER DISTRICT' By l Brian Hoelscher Director of Engineering STATE OF MISSOURI ) COUtpF ST. LOUIS ) On this Ou day of S , 20Q, before me personally appeared Brian Hoelscher to fne personally known, who being by me duly sworn, did say that he is the Director of Engineering, of THE METROPOLITAN ST. LOUIS SEWER DISTRICT and that said instrument was signed and sealed in behalf of said THE METROPOLITAN ST. LOUIS SEWER DISTRICT by authority of its Board of Trustees and said Brian Hoelscher acknowledged said instrument to be the free act and deed of said THE METROPOLITAN ST. LOUIS SEWER DISTRICT. SS. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my notarial seal this day of 20_CK My Commission expires (. - C.- (/ (flAkt Notary Public TEAR! C. STEWART Notary Public -Notary Seal State of Missouri St. Louis County ,Y,y Commission Expires Sept. 26, 2009 Commission # 05774247 AeLbte_ MSD 5.18 (CORPORATE with exhibit A) Document #: 505254-v2 3 G OK _1. 8 i0 7 page : ga: 197,9 McDONALD'S OVERLAND JOB NO. 0080234 P-7860-01 N/F STANLEY SHEPARD S 82 09'00" El DB 12031 PG 59 70.00' 15M320584 EXISTING 5' WIDE EASEMENT PB 39, PG 93 PORTION OF EXISTING 5' WIDE EASEMENT TO BE VACATED PB 39, PG 93 MASON RIDGi SUBDIVISION LOT 5 PB 39 BK 93 PARCEL #3 S07 44'00 "W 21.50' SO7 44'00 "W )i 25.31' 51.45' EXHIBIT 'A' V c N- LOT 13 1l ✓S —M4 S✓N PB 1T BK 88 N/F NANCY WILLEY DB 15622 PG 742 15M320531 0 20 40 SCALE: 1 "=40' S 82 09'00" E 142.00' N/F McDONALD'S REAL ESTATE COMPANY DB 17966 PG 2573 15M320926 LOT 11 PB 17 BK 33 PARCEL #2 N82 09'00 "W 86.22' LOT 12 PB 17 BK 33 PARCEL #1 N 82'09'00" W 15.00' / I / RESERVED FOR N/ NO744'00'E ISTORMWA TER DETENTIO/V 21.50' X //i/LX--2 0744'00W S82 09 00 E 00' 86.22 EXISTING EASEMENT 35. 7 TO STATE OF MO PB 3632, PG 297 N 2 09'00" W 197.00' csS S0744'00"W INITIAL: A TRACT OF LAND BEING PART OF LOT 6 OF MASON RIDGE SUBDIVISION IN U.S. SURVEY 3040, T. 46 N., R. 6 E. CITY OF OVERLAND, ST. LOUIS COUNTY, MISSOURI 6-17-08 0080234-CDS SHEET 1 OF 1