I!fi!v.©f ni. Library El 3fj3 iFirat Hiartgag? EAST ST. LOUIS AND INTERURBAN WATER COMPANY TO THE FARMERS* LOAN AND TRUST COMPANY, TRUSTEE July /, 1916 I B42 This “Exhibit A” is the form of mortgage or deed of trust submitted by the East St. Louis and Interurban Water Company, with its supple- mental application in No. 5271, and approved and authorized by the order of the State Public Utilities Commission of Illinois entered on the 28th day of December, A. D., 1916. (sgd) R. V. Prather. Secretary. Seal State Public Utilities Commission, Illinois EAST ST. LOUIS AND INTERURBAN WATER COMPANY FIRST MORTGAGE TABLE OF CONTENTS * Page. Parties 1 Recitals 1 Purposes of mortgage 1 Form of Bond 2 Form of coupon 4 Form of Trustee’s Certificate 4 Form of Junior Lien Note 5 Form of Trustee’s Certificate 7 Authorization of mortgage, bonds and junior lien notes 7 Compliance with other conditions precedent 7 Granting Clauses : Grant and conveyance 7 Descriptions of real estate mortgaged 8-24 Other property mortgaged including collateral 24-26 Habendum clause 26 Subject to liens of: (a) Mortgage of City Water Company of East St. Louis dated January 1, 1894 26 (&) Mortgage of Granite City, Madison and Venice Water Company, dated March 1, 1901 27 (c) Mortgage of Belleville Water Supply Company, dated June 1, 1910. . 27 ( d ) Mortgage of City Water Company of East St. Louis and Granite City, dated January 2, 1905 27 Grant in trust 27 General Covenant as to Conditions upon Which Bonds are to be Issued 28 Article I. Execution and Issue of Bonds and Junior Lien Notes 28 Section 1. Amount of bonds and junior lien notes that may be issued and security therefor 28 Section 2. Initial issue of $422,000 of Series A Bonds 29 The Table of Contents is not a part of the original mortgage as executed. 11 Page. Section 3. Additional bonds to the amount of $3,276,500 to be issued from time to time upon the deposit with the Trustee of uncancelled underlying bonds of an equal principal amount 29 Section 4. Junior lien notes to the amount of $456,500 to be issued 32 Junior lien notes exchangeable for bonds upon certain conditions. 33 Instruments required to be furnished Trustee before exchanges made 33 Section 5. Bonds may be issued in future upon certain conditions to 80% of cost of permanent improvements, extensions or additions .... 34 Method of computing net earnings 34 Instruments required to be furnished Trustee prior to certifica- tion of bonds under this section 35 Further definition of gross and net earnings 37 Section 6. Substitution of new bonds for old bonds — papers to be presented to Trustee . ... 37 Old bonds or cash required to be furnished Trustee upon such substitution 37 Section 7. Conclusiveness of papers presented to Trustee 38 Section 8. Form of bonds, coupons and junior lien notes — denominations; interest ; redemption 38 Certificate of Trustee 39 Bonds may be issued in series 39 Exchange of bonds of one series for those of another 39 Section 9. Registration and transfer of bonds 40 Coupons continue transferable by delivery 40 Section 10. Execution of bonds by existing officers valid though not in office at the time of certification 41 Matured coupons to be detached priod to certification 41 Section 11. Temporary bonds and notes 41 Section 12. Loss, destruction or mutilation of bonds and notes 42 Section 13. Person in whose name bonds and notes are registered to be deemed the owner thereof 42 Bearer of coupon bonds and coupons to be deemed the owner. ... 42 Section 14. No additional bonds to be issued in case Company is prevented from doing business in City of Belleville, Granite City, Madison or Venice until resumption of business unless Company has delivered to Trustee for cancellation bonds of the issue hereby secured to the amount specified 42 Provided cash actually expended for permanent improvements, etc., upon plant outside of municipality so affected shall be deemed equivalent to cancellation of equal principal amount of bonds hereby secured 43 Amount of bonds to be retired in event of the prevention of doing business in certain municipalities 43 (a) Belleville $650,000, principal amount 43 (&) Granite City $600,000, principal amount 43 (c) Madison $125,000, principal amount 43 ( d ) Venice $100,000, principal amount 43 In event of sale or taking by eminent domain of plants and prop- erty of Company within either of said municipalities, Company Ill Page. agrees within eighteen months thereafter to apply the proceeds of the sale: (a) to the purchase and cancellation of bonds or redemption of bonds; or 43 (b) to reimburse Company for expenditures of an equal amount of cash in construction or acquisition of permanent improve- ments, etc 43 If Proceeds shall not have retired an amount of bonds at least equal to an amount hereinbefore specified no further bonds shall be authenticated until such additional amount of bonds shall have been retired (cash expended upon the remaining mortgaged property being treated however, as an equivalent thereof) 43 Article II. Particular Covenants of the Company 44 Section 1. Of seizin, possession, and right to mortgage 44 Section 2. To pay principal and interest of bonds and notes without deduc- tion for taxes 44 To cancel coupons as paid 44 Hot to extend coupons 44 Extended or pledged coupons not entitled to benefit of mortgage. 44 Section 3. To maintain office or agency in Hew York 45 Section 4. To pay taxes and other charges 45 Hot to permit any prior liens to attach to mortgaged property. . 45 Section 5. To keep property insured 45 Application of insurance moneys 45 Section 6. To maintain and repair property 46 To preserve and renew franchises, etc 46 Section 7. Trustee or receiver empowered to advance money for taxes, insurance, or repairs and to have a prior lien for reimbursement. 46 Section 8. For further assurance 46 Section 9. To permit Trustee to examine books, etc 47 To furnish Trustee with balance sheet, a statement of earnings and schedule of property mortgaged 47 Section 10. Hot to issue bonds hereunder except as provided in this indenture. 47 Article III. Bedemption of Bonds 47 Bonds may be redeemed on any interest day at price specified therein 47 Provisions governing call of bonds for redemption 47 Bedeemed bonds to be cancelled and delivered to company 48 Article IV. Possession, Use and Belease of Mortgaged Property 48 Section 1. If not in default the company 48 Shall remain in possession and receive income of mortgaged property 48 May dispose of replaced equipment or supplies without release. . 48 May without release under certain conditions surrender or assent to the modification of any franchise 49 IV Page. Section 2. Release of other property by Trustee — Instruments required to be furnished Trustee 49 Resolutions and other papers may be accepted by trustee as conclusive 51 New property acquired in place of property released to be sub- ject to lien of this mortgage 51 Section 3. Power to sell or dispose of property may be exercised by receiver or Trustee in certain events 51 Purchaser not required to investigate 51 Article Y. Application of Money Received by the Trustee 52 All obligations received by the Trustee under Section 2, of Article IY, shall be held and collected by it and interest thereon shall be paid to the Company, if it is not in default 52 Moneys received by Trustee to be paid to company in certain events to construct permanent improvements, extensions, or addi- tions, or to replace property destroyed by fire — papers to be pre- sented to Trustee 52 Resolutions and other papers may be accepted by Trustee as conclusive 54 Any such moneys not applied to reimburse the company may be used by the Trustee to purchase bonds issued and outstanding under this mortgage 54 Provisions governing purchase of such bonds 54 Article YI. Maintenance and Improvement Fund 55 Sum equal to nine per cent, of gross earnings of company shall be set apart in the twelve months’ period ending June 30th, 1917, and in each twelve months period thereafter as maintenance and improvement fund 55 Four-ninths of such amount shall be charged to operating expenses 55 Al l such amounts paid to the Trustee shall be held by it as a separate fund % 56 Should Board of Directors deem such amount in hands of Trustee in excess of amount reasonably required for improvements, etc., it may by resolution direct the Trustee to apply all or any part of such fund to the purchase or redemption of bonds 57 Article YII. Remedies Upon Default 57 Section 1. Principal may be declared due 57 90 days of grace 57 Majority in interest of bondholders may waive default in certain cases 58 Section 2. Trustee may enter into possession and operate mortgaged property 58 Provisions for application of income 59 Section 3. Trustee may sell mortgaged property 60 Provisions governing such sale 60 V Page. Section 4. Trustee may commence judicial proceedings 60 Trustee may proceed to foreclose and sell mortgaged property. . . 61 Action by Trustee is obligatory in certain events 61 No bondholder or noteholder may sue 61 Remedies not exclusive 61 Section 5. Majority in amount of bondholders may have right to direct all proceedings 62 Section 6. Trustee may have receiver appointed 62 Section 7. In event of sale, principal of bonds shall become due 62 Section 8. Bondholders or trustee may purchase mortgaged property and use bonds to pay purchase price 62 Section 9. Application of proceeds of sale 63 Payment of taxes, prior liens, and costs of sale, etc 63 Payment of principal and interest of bonds 63 Payment of principal and interest of notes 64 Payment of surplus to company 64 Section 10. Waiver of appraisement and extension laws 64 Section 11. Waiver of one default shall not affect any other default 65 Section 12. Parties to be restored to original position if proceedings dis- continued 65 Section 13. Delay or omission to exercise any right on default shall not be deemed a waiver thereof 65 Article VIII. Evidence of Rights of Bondholders 65 Article IX. Defeasance 66 Discharge of Mortgage 67 Article X. Immunity of Officers, Stockholders and Directors 67 Article XI. Consolidations, Mergers, Sales and Leases 68 Section 1. Consolidation, merger sales or leases of all the mortgaged prop- erty, as an entirety, allowed upon certain terms 68 Section 2. The Company so acquiring the property of the mortgagor upon compliance with certain conditions shall succeed to and be sub- stituted for the mortgagor in this indenture 68 Special provision concerning certification of bonds against per- manent improvements, extensions and additions made by the suc- cessor corporation 69 Trustee may accept opinion of counsel that conditions are com- plied with 70 Section 3. Upon consolidation, merger, sale or lease this mortgage shall be limited in lien to property to which it originally attached and improvements thereto 70 Section 4. “Company” shall include successor corporation 71 Section 5. Surrender of powers 71 Article XII. Concerning the Trustee 71 Acceptance of trust upon certain conditions as follows 71 VI Page. Section 1. Trustee not required to notice default until specifically notified, nor to take action until indemnified, etc 72 Trustee not liable for acting on any notice, etc., believed to be genuine 72 Recitals in mortgage, bonds or coupons not made by Trustee. ... 72 Trustee makes no representation as to validity of indenture, bonds or coupons, or notes, or as to security therefor, or title of company 72 Trustee not required to record mortgage, nor to take possession of personal property mortgaged 72 Trustee not under any duty as to taxes, insurance, etc 73 Trustee not liable for acts of agents, nor for anything save wilful default or gross negligence 73 Trustee’s compensation, etc 73 Proof of facts required by Trustee 73 Trustee shall allow interest on deposits and may deal in bonds and coupons issued hereunder 74 Section 2. Resignation of Trustee 74 Section 3. Appointment of successor trustee 75 Application to court in certain cases 75 Qualification of successor trustee 75 Every successor trustee shall be a trust company, etc 76 Article XIII. Miscellaneous Provisions 76 Covenants for sole benefit of parties and bondholders 76 Parties to include successors and assigns 76 Execution in several counterparts 76 Acknowledgments 78 Certificates of Record 80 Jttiienhtre. bearing date the 1st day of July, 1916, made and entered into by and between East St. Louis and Interurban Water Company, a corporation of the State of Illinois, hereinafter called the Company, party of the first part, and The Farmers’ Loan and Trust Company, a corporation of the State of New York, as Trustee, hereinafter called the Trustee, party of the second part : Whereas, the Company has deemed it necessary to borrow money for its corporate purposes and to issue its bonds and notes therefor, and to mortgage its property, hereinafter described, to secure the payment of the same, and to that end has duly authorized and directed an issue of its bonds, issued and to be issued as hereinafter set forth, to be desig- nated as its First Mortgage and Refunding Gold Bonds, such bonds to be coupon bonds in denominations of $100, $500 and $1,000 each with interest coupons attached, with the fae-simile signature of the present Treasurer of the Company thereon, said bonds to be signed in its corpo- rate name by its president or a vice-president, to be impressed with its corporate seal, attested by its secretary or an assistant secretary, and to be authenticated by the Trustee ; and to the same end has duly author- ized and directed an issue of its notes, issued and to be issued as herein- after set forth, to be designated as its Junior Lien Notes, such Notes to be registered notes without coupons, in the denomination of $500 and multiples thereof for an aggregate principal amount not exceeding $456,- 500, and to be subject and subordinate as to the payment both of principal and interest to full payment of principal and interest of all First Mort- gage and Refunding Gold Bonds issued and to be issued hereunder, but to be exchangeable from time to time, in the manner and upon the terms set forth herein, for an equal principal amount of First Mortgage and Refunding Gold Bonds; which said First Mortgage and Refunding Gold Bonds, Coupons, Junior Lien Notes and Trustee’s certificates of authen- tication are to be substantially in the forms following, viz. : 2 [form of first mortgage and refunding gold bonds.] UNITED STATES OF AMERICA, State of Illinois. EAST ST. LOUIS AND 1NTERURBAN WATER COMPANY. First Mortgage and Refunding Gold Bond. No Series $ East St. Louis and Interurban Water Company (hereinafter called the Company), for value received, promises to pay to the bearer, or, if reg- istered, to the registered holder hereof, on the first day of , at the office or agency of the Company in the City of New York, dollars in gold coin of the United States of America, of or equal to the present standard of weight and fineness, and to pay interest thereon from , at the rate of per centum per annum in like gold coin, payable at said office or agency on the first days of and in each year according to the tenor of the respective coupons hereto attached, until such principal shall be paid. Both principal and interest of this bond are payable without deduction for any taxes, assessments or other govern- mental charges which the Company may be required to pay thereon, or authorized to retain therefrom under any present or future law or re- quirement of the United States of America, or any State, county, municipality or other governmental subdivision thereof, except so far as the Company cannot lawfully agree to pay interest hereon without such deduction. This bond is one of an issue of bonds of the Company, known as its First Mortgage and Refunding Gold Bonds, all issued and to be issued under and equally secured by a Mortgage and Deed of Trust (hereinafter called the Mortgage), dated 1, 1916, executed by the Com- pany to The Farmers’ Loan and Trust Company, as Trustee, to which this bond is subject and to which reference is made for a description of the property mortgaged and pledged, the nature and extent of the 3 security, the rights of the holders of the bonds and the terms and condi- tions upon which the bonds are issued and secured. As provided in the Mortgage, this bond is subject to redemption at par and accrued interest and a premium of per centum upon the principal, upon four weeks’ published notice, on , or on any interest date prior thereto, or upon any interest date subsequent thereto, on similar notice, at par and accrued interest and a premium of per centum upon the principal. The principal hereof may also become due on the conditions, in the manner and at the time set forth in the Mort gage, if default be made in the payment of interest on any of the bonds of this issue or in the performance of certain covenants of the Mortgage. This bond may be registered as to principal in the owner's name upon the books of the Company at its office or agency, in the City of New York, such registration being noted hereon, after which no valid transfer hereof can be made, except on said books, until after registered transfer to bearer, but after such registered transfer to bearer, this bond shall be again transferable by delivery. Such registration, however, shall not affect the negotiability of the coupons which shall always be payable to bearer and transferable by delivery. No recourse shall be had for the payment of the principal or interest of this bond against any stockholder, officer or director of the Company, either directly or through the Company under any statute or by the enforcement of any assessment or otherwise, all such liability of stock- holders, directors and officers being released by the holder hereof by the acceptance of this bond and being likewise waived and released by the terms of the Mortgage. This bond shall not become obligatory until The Farmers’ Loan and Trust Company, the Trustee under the Mortgage, or its successors there- under, shall have signed the form of certificate endorsed hereon. In witness whereof, East St. Louis and Interurban Water Company has caused this bond to be signed in its name by its President or a Vice- President and its corporate seal to be hereto affixed and attested by its 4 Secretary or . an Assistant Secretary, and interest coupons bearing the fac-simile signature of its Treasurer to be attached hereto, this day of , 19 East St. Louis and Interurban Water Company, By President. Attest : Secretary. [form of coupon.] No $ On the first day of , 19 , East St. Louis and Interurban Water Company will pay to bearer, at its office or agency in the City of New York, dollars in gold coin, without deduction for taxes, as specified in its First Mortgage and Refunding Gold Bond No. , being six months’ interest then due on said bond. This coupon will not be payable if said bond shall have been called for previous redemption. Treasurer. [form of trustee’s certificate of authentication.] This is to certify that this bond is one of the bonds described in the within mentioned mortgage. The Farmers’ Loan and Trust Company, Trustee, By [FORM of junior lien notes.] UNITED STATES OF AMERICA, State of Illinois. EAST ST. LOUIS AND INTERURBAN WATER CO. Junior Lien Note. No.... $ East St. Louis and Interurban Water Company (hereinafter called the Company), for value received, promises to pay to , or registered assigns, on the first day of July, 1942, at the office or agency of the Company in the City of New York, dollars in gold coin of the United States of America, of or equal to the present standard of weight and fineness, and to pay interest thereon from the interest day, or , next preceding the date of this note at the rate of five per centum per annum in like gold coin, payable at said office or agency on the first days of January and July in each year, until such principal shall be paid. Both principal and interest of this note are payable without deduction for any taxes, assessments or other governmental charges which the Company may be required to pay thereon, or authorized to retain therefrom under any present or future law or requirement of the United States of America, or any State, county, municipality or other governmental subdivision thereof, except so far as the Company cannot lawfully agree to pay interest hereon without such deduction. This note is one of an issue of notes of the Company, known as its Junior Lien Notes, all issued and to be issued under and equally secured by a Mortgage and Deed of Trust (hereinafter called the Mortgage), dated July 1, 1916, executed by the Company to The Farmers’ Loan and Trust Company, as Trustee, to which this note is subject and to which reference is made for a description of the property mortgaged and pledged, the nature and extent of the security, the rights of the holders of the notes and the terms and conditions upon which the notes are issued and secured. 6 This note is subject and subordinate as to the payment of both principal and interest hereof to the payment in full of both principal and interest of all First Mortgage and Refunding Gold Ronds of the Com- pany at any time issued and outstanding and is exchangeable for an equal principal amount of First Mortgage and Refunding Gold Bonds at the times, in the manner and upon the terms provided in the Mortgage. This note is subject to redemption at par and accrued interest upon four weeks’ notice by mail to the registered holder hereof upon any interest date. The principal hereof may also become due on the condi- tions, in the manner and at the time set forth in the Mortgage, if default be made in the performance of certain covenants of the Mortgage. This note is transferable by the registered holder hereof in person, or by his duly authorized attorney, on the books of the Company at its office or agency at the City of New York, upon surrender and cancella- tion of this note, and, thereupon, a new registered note bearing interest at the same rate will be issued to transferee in exchange herefor. No recourse shall be had for the payment of the principal or interest of this note against any stockholder, officer or director of the Company, either directly or through the Company under any statute or by the enforcement of any assessment or otherwise, all such liability of stock- holders, directors and officers being released by the holder hereof by the acceptance of this note and being likewise waived and released by the terms of the Mortgage. This note shall not become obligatory until The Farmers’ Loan and Trust Company, the Trustee under the Mortgage, or its successors there- under, shall have signed the form of certificate endorsed hereon. In witness whereof, East St. Louis and Interurban Water Company has caused this note to be signed in its name by its President or a Vice- President and its corporate seal to be hereto affixed and attested by its Secretary or an Assistant Secretary this day of , 1916. East St. Louis and Interurban Water Company, By Attest : President. Secretary. 7 [form of trustee’s certificate of authentication.] This is to certify that this note is one of the Junior Lien Notes described in the within mentioned mortgage. The Farmers’ Loan and Trust Company, Trustee, By And whereas, the Board of Directors of the Company and the stock- holders holding all its outstanding stock have regularly authorized the issue of said bonds and notes and the making of this Indenture at meet- ings thereof respectively duly convened and held ; and Whereas, all other things necessary to make the said bonds and notes when duly authenticated by the Trustee valid, binding and legal obligations of the Company, and to make this Indenture a valid, binding and legal instrument for the security thereof, have been done and per- formed and the issue of said bonds and notes, as in this Indenture pro- vided, has been in all respects duly authorized : Now, THEREFORE, THIS INDENTURE WITNESSETH *. That East St. Louis and Interurban Water Company in consideration of the premises and of one dollar to it duly paid by the Trustee at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, in order to secure the payment both of the principal and interest of the bonds and notes aforesaid, according to their tenor and effect, hath granted, bargained, sold, released, conveyed, assigned, transferred, pledged, set over and confirmed, and by these presents doth grant, bar- gain, sell, release, convey, assign, transfer, pledge, set over and confirm unto The Farmers’ Loan and Trust Company, as Trustee, and to its successors jn said trust and to its and their assigns forever, all the following described properties — that is to say : I. All and singular the water works systems of the Company formerly known as the water works and plants of “City Water Company of East 8 St. Louis and Granite City” and of “Belleville Water Supply Company,” the former of which is situate in and near the cities of East St. Louis, Granite City, Madison, and Villages of Venice and Brooklyn, in the Coun- ties of St. Clair and Madison, and the latter in and near the City of Belle- ville in the County of St. Clair, all in the State of Illinois, and all the real estate, rights and interest in lands now owned or hereafter acquired by the Company and used in connection with said water works systems, together with all buildings and machinery thereon, and all pipes and mains, rights, privileges and franchises now held or owned or hereafter acquired by the Company, and any and all other property and estate, real, personal or mixed, now held or owned, or which may be hereafter acquired by the Company, and all its tolls, rents, incomes and profits, together with all tenements, hereditaments and appurtenances to any of the same belong- ing, and also all deeds, mortgages, leases, contracts and all muniments of title to any and all of said real and personal property and estate. The lands, easements and rights of way hereby conveyed include the following which are situate in the counties of St. Clair and Madison, State of Illinois, and are described as follows : — Parcel One: — All the following described lot, piece or parcel of land, situated in the County of St. Clair and State of Illinois, and known and described as follows, to-wit: — Beginning at a point eleven hundred (1100) feet north of a tract of land conveyed by the Wiggins Ferry Com- pany to one W. S. Hook by deed dated December 12th, 1882, and the said distance being measured upon a line at right angles to said north line of said tract and leaving the same eight hundred and thirty (830) feet from the north west corner of said tract; thence upon said right angle line produced northwardly tw T o hundred and forty five (245) feet; thence eastwardly parallel to the north line of Spring Street in the City of East St. Louis produced eastwardly five hundred and fifteen (515) feet; thence southwardly parallel to the right angle line aforesaid two hundred and forty five (245) feet; thence westwardly parallel with said north line of Spring Street produced eastwardly five hundred and fifteen ( 515 ) feet to the place of beginning, containing two and eighty nine hun- 9 dredths acres (2.89), and situated in Lot forty four (44) a of the undivided lands of the Wiggins Ferry Company in the County of St. Clair and State of Illinois, being the tract of land conveyed to City Water Company by Morris R. Locke et ux., by deed dated the 30th day of Jan- uary, 1886, and recorded in the office of Recorder of Deeds, etc., in and for said County in Book 182, page 597. Parcel Two : — Part of the northeast fractional quarter of section Eleven (11) -in Township Two (2) North, Range Ten (10) West of the Third Principal Meridian in the County of St. Clair and State of Illinois, beginning the survey thereof at the southwest corner of a piece of land conveyed by the Wiggins Ferry Company to one Morris R. Locke, by deed dated January 30th, 1886, and recorded in the Recorder’s Office of said County in Book 183 at Page 170; thence eastwardly along the south- erly line of said tract 341.2 feet; thence southwardly at an angle of 90 degrees 150 feet; thence westwardly at an angle of 90 degrees 171.2 feet; thence southwardly at an angle of 90 degrees 150 feet ; thence westwardly at an angle of 90 degrees 350 feet; thence northwardly at an angle of 90 degrees 300 feet ; thence eastwardly at an angle of 90 degrees 180 feet to the place of beginning, containing three (3) acres. Being the same property which was sold and conveyed to the said City Water Company by James S. Kuhn et ux, in and by their deed bearing date the 27th day of June, 1904, and recorded in the Recorder’s Office in St. Clair County, Illinois, in Book 324, Page 69. Parcel Three: — All the following described lot, piece or parcel of land situated in Stites Township, County of St. Clair, and State of Illinois, and known and described as follows, to-wit: All that part of Lot No. 44 a of the undivided Ferry Lands situated in the northeast fractional quarter of Section 11, Township 2 North Range 10 West of the Third Principal Meridian in Stites Township, St. Clair County, Illinois, and more particularly described as follows : Commencing at the southeasterly corner of a tract of land having a width northerly and southerly of two hundred and forty-five feet, 10 by a length easterly and westerly of five hundred and fifteen feet, con- veyed by the Wiggins Ferry Company to Morris R. Locke, by deed dated January 30th, 1886; thence in a southerly direction in the straight continuation of the easterly boundary line of the said Morris R. Locke’s property three hundred feet; thence westwardly at right angles to the last mentioned line three hundred and forty-five feet to the most south- easterly corner of the tract of land conveyed by the Wiggins Ferry Company to J. S. Kuhn by deed dated June 15th, 1899 ; thence meandering with the easterly and southerly boundary lines of the property of J. S. Kuhn and Morris R. Locke to the place of beginning, and Subject, however, to the rights of the St. Louis National Stock Yards Company, a corporation duly organized under the laws of the State of Illinois, to construct, maintain and repair forever, a two foot by three foot bipck sewer under the above described lands as secured to the St. Louis National Stock Yards Company by a certain deed and agreement entered into by it and the Wiggins Ferry Company dated the Third day of February, 1892. Being the premises conveyed and granted unto the City Water Com- pany by the Wiggins Ferry Company, in and by its deed dated April 21st 1902, and recorded in the Recorder’s office in St. Clair County, Illinois, in Record Book 302, Page 12. Parcel Four: — All of that certain piece or parcel of land situated in lots numbers 44 a and 44 b of the undivided Ferry Lands and in the northeast fractional quarter of Section 11, Township 2 North, Range 10 West of the Third Principal Meridian, in Stites Township, St. Clair County, Illinois, and more particularly described as follows: Com- mencing at the northeasterly corner of a tract of land having a width northerly and southerly of two hundred and forty-five feet, by a length easterly and westerly of five hundred and fifteen feet, conveyed by the Wiggins Ferry Company to Morris R. Locke by deed dated January 30th, 1886; thence in a northerly direction in the straight continuation of the easterly boundary line of the said Morris R. Locke’s property, two 11 hundred feet ; thence westerly at right angles to the last mentioned line, six hundred and ninety-five feet (695') ; thence southerly at right angles to last mentioned line four hundred and forty-five feet (445') to the north- westerly corner of the tract of land conveyed by the Wiggins Ferry Company to J. S. Kuhn by deed dated June 15th, 1899 : thence following the northerly and westerly boundary lines of the property of J. S. Kuhn and Morris K. Locke to the place of beginning. Containing four and two liundreths (4.02) acres. Being the property sold and conveyed unto City Water Company by the Wiggins Ferry Company, in and by its certain deed dated May 12th, 1904, and duly recorded in the Recorder’s office in St. Clair County, Illinois, in Book 302, Page 426. Parcel Five: — A certain piece of land containing one (1) acre on the west side of the Village of Venice in the County of Madison and State of Illinois, and near the east bank of the Mississippi River, said land being more particularly described as follows, to wit: — Beginning at a point north forty-four degrees west (N. 44° W.) seventy-two (72) feet from Hie northwest corner of block six (6) in the sub-division of the Old Village of Venice, as recorded in the Circuit Clerk’s Office at Edwardsville, Illinois; thence north twenty degrees west (N. 20° W.) one hundred and fifty ( 150 ) feet to a point ; thence south seventy degrees west (S. 70° W.) two hundred and ninety and four-tenths (290.4) feet to a point; thence south twenty degrees east (S. 20° E.) one hundred and fifty (150) feet to a point (said last point being in a rock dyke extending west war dly into the Mississippi River) ; thence north seventy degrees east (N. 70° E.) two hundred and ninety and four-tenths (290.4) feet to place of beginning. And also the right, privilege and license to lay, change, repair and maintain, at any one place on the lands now or formerly belonging to the Madison County Ferry Company lying between the lot aforesaid and the Mississippi River, water suction pipes, and also a bilge or drain pipe from the engine, between said river and said acre lot, with the right for such purpose from time to time, and as 12 often as may be necessary, to enter upon so much of the lands now or formerly belonging to the Madison County Ferry Company lying between said lot and the east shore of said river as may be necessary to lay, change, repair and maintain said pipes; together with the right to build, lay, maintain and operate, in connection with said lot, a railroad embank- ment fifteen feet wide at the top, and railroad switch tracks along, over and upon a strip of ground fifteen feet wide, running from said lot to lands to the east of if, now or formerly belonging to Irwin Z. Smith; the center line of said strip being described as follows: to-wit: Begin- ning on the south line of said acre lot, and twelve and one-half (12%,) feet more or less, from the southeast corner thereof, and running thence to a point twenty-two and one-half (22%) feet north of the northwest corner of said block six (6) ; thence eastwardly and parallel with the north line of the fifteen (15) foot alley bounding said block on the north twelve hundred and eighteen (1218) feet, more or less, to the west line of the said lands, now or lately belonging to Irwin Z. Smith; to- gether with the right to use and enjoy as a wagon road to and from said acre lot, and for the purpose of laying, changing, repairing and maintaining water mains to and from said lot, two certain strips of ground, fifteen (15) feet wide, adjacent to, parallel with and south of said railway switch strip, the center lines of said two strips being described as follows, to-wit : — 1st Strip: Beginning on the south line of said acre lot and thirty- seven and one-half (37 %) feet, more or less, from its southeast corner, and running thence parallel with the center line of said railway-switch strip to the north line of said alley, or said north line extended west- wardly. 2nd Strip: Beginning at the center line of the east end of the said fifteen foot alley and running thence eastwardly and parallel with the center line of said railway-switch strip six hundred and eighty- three (683) feet more or less, to the west line of the aforesaid lands now or formerly belonging to said Irwin Z. Smith. 13 In the deed for the foregoing property from the Madison County Ferry Company hereinafter mentioned, dated April 22nd, 1891, it is pro- vided as follows, to-wit : — “But it is understood and agreed between the parties hereto that the rights and privileges hereby granted in the two last described strips as a wagon way, and for water mains, shall not preclude, or in any wise limit the right of the grantor herein, its successors or assigns, from using said strips in common with the said grantee, or of dedicating the same as a public road, alley or highway, said dedication, However, to be subject to the above license and rights of the grantee”. Said property being the same which the Madison County Ferry Company, by deed dated the 22nd day of April, A. D. 1891, and recorded in the office of the clerk of the Circuit Court in and for said County in deed book 205, page 88, granted and conveyed to William S. Kuhn, Trustee, and subject to the conditions therein contained, and which was also re- leased to said Kuhn, Trustee, by D. R. Francis, et ah, in and by a certain deed dated June 6th, 1891, and recorded in said office in Book 205, page 107. Being the same property which was sold and conveyed unto the City Water Company by William S. Kuhn, Trustee, in and by his deed bearing date November 22nd, 1892, and recorded in the office of the Clerk of the Circuit Court of Madison County, Illinois, in Book 220, Page 77. The foregoing tracts designated as parcels One to Five, inclusive, are the same as were conveyed by City Water Company to City Water Company of East St. Louis and Granite City by deed dated January 31, 1905, which deed was recorded in the Recorder's office of St. Clair County, February 7th, 1905, in Book 302, page 598, and in the Recorder’s office of Madison County, February 16th, 1905, in Book 307, page 550, State of Illinois. > Parcel Six:— Also the following described real estate, situated partly in the Town of Stites, and partly in the City of East St. Louis, 14 County of St. Clair, State of Illinois, in Lots Numbers Twenty-four A (24-A), Twenty-five (25), Forty-three (43) and Forty-four A (44-A) of the Undivided Ferry Lands, in the northeasterly fractional quarter of section eleven (11) and the northwesterly fractional quarter of section twelve (12) Township Two (2) North, Range Ten (10) West of the third principal meridian, to- wit : Beginning at the southeasterly corner of a tract of land conveyed by The Wiggins Ferry Company to the City Water Company of East St. Louis, Illinois, by deed dated the Twenty-first (21st) day of April, A. D. 1902, thence running in an easterly direction in the straight easterly continuation of the southerly boundary line of said tract of land a distance of two hundred and fifty (250') feet, thence turning to the left with an interior angle of ninety (90°) degrees and running in a northerly direction a distance of two hundred thirty-three and ninety- three one hundredths (233.93') feet to a point, thence turning to the left with an interior angle of one hundred and fifty-three (153°) degrees and fifty-six (56) minutes and running in a northwesterly direction a distance of seventy-three and fifty-five one hundredths (73.55') feet to a point; thence turning to the left with an interior angle of one hundred sixteen (116°) degrees and four (4) minutes and running in a westerly direction a distance of two hundred seventeen and sixty-eight one hun- dredths (217.68') feet, more or less, to a point in the northeasterly corner of said tract of land conveyed as aforesaid by deed dated the 21st day of April, 1902, thence running southwardly along the east- erly boundary line of said tract of land a distance of three hundred (300') feet to the point of beginning, containing one and six hundred ninety-seven one thousandths (1.697) acres, more or less, and subject to the right of the St. Louis National Stock Yards to forever operate, main- tain, and repair a sewer now laid across the northwesterly part of the par- cel of land above described. Parcel Seven : — The following described real estate situated in the City of East St. Louis, St. Clair County, State of Illinois, to-wit: — 15 Beginning at a point in the northwesterly corner of a parcel of land conveyed by said Ferry Company to Charles E. Kimball by deed dated July 10th, 1901, and which point is determined by measuring from the southwesterly corner of Block Number Three (3) of the Second Ferry Division to the City of East St. Louis, being the northeasterly corner of Spring Avenue and Front Street and marked with a cross on a tee rail set on top of the original corner stone ; thence in a northerly direction along the easterly line of said Front Street and its straight northwardly continuation a distance of three hundred and forty-five (SIS') feet to a point; thence deflecting to the right with angle of sixteen (16°) degrees and measuring in a northeasterly direction a distance of ninety -two and seventeen one hundredths (92.17') feet, the beginning point; thence from said beginning point and running in an easterly direction along the northerly boundary line of said Kimball’s parcel of land a distance of one hundred sixty-nine and fifty-nine one hundredths (169.59') feet to a point in the westerly boundary line of a thirty foot wide private road belonging to said Ferry Company ; thence turning to the left with an angle of ninety (90°) degrees and running in a northerly direction a distance of one hundred ninety and thirteen one hundredths (190.13') feet to a point; thence turning to the left with an interior angle of one hundred and thirty -five (135°) degrees and running in a northwesterly direction a distance of fifty-five and fifty-five one hundredths (55.55') feet to a point, thence turning to the left with an interior angle of ninety (90°) degrees and running in a southwesterly direction a distance of one hundred eighty-four and forty-three one hundredths (184.43') feet to a point; thence turning to the left with an interior angle of one hundred forty-nine (149°) degrees and twenty- one (21) minutes and running in a southwesterly direction a distance of one hundred and two and twelve one hundredths (102.12') feet, more or less, to the point of intersection of the northerly extension of the east line of Front Street with the westerly straight production of the north line of the Chas. E. Kimball parcel ; thence in an easterly direction along said westerly production of Chas. E. Kimball’s north line a 1C distance of twenty-five and forty-one one hundredths (25.41') feet to the beginning point and containing thirty thousand nine hundred three and thirty-five one hundredths (30,903.35) square feet, more or less. The above tracts, designated as Parcels Six and Seven are the same as were conveyed by The Wiggins Ferry Company to City Water Com- pany of East St. Louis and Granite City by its deed dated April 17, 1916, which deed was duly recorded in the Recorder’s office of St. Clair County, State of Illinois. Parcel 8 : — A tract of land being the Northern part of Gabbaret Island, situated in Section two (2), Township three (3) North, Range ten (10), West of the Third Principal Meridian, in the County of Madi- son and State of Illinois, more particularly described as follows, to wit : Commencing with a stone from which a stake set in the Eastern line of Survey five hundred ninety four (594), Claim eighteen hundred sixty five (1865), one thousand one hundred and sixty one (1161) feet, eight (8) inches from the Southeast corner of said Survey and Claim, bears South twenty six (26) degrees fifty eight (58) minutes East, ten thousand one hundred and fifty three (10153) feet, and running thence along a blazed line North, eighty-nine (89) degrees and thirty-six (36) minutes, West, fifteen hundred thirty eight (1538) feet to a stone on the West bank of Gabbaret Island; thence West to the middle of the main channel of the Mississippi River ; thence Northeastwardly along the middle of the Mississippi River to the Center of Gabbaret Slough; thence running Southeastwardly along the center of Gabbaret Slough to a point from which the stone first hereinbefore mentioned bears North, eighty nine (89) degrees and thirty six (36) minutes West; thence North eighty nine degrees thirty six (36) minutes, West, seven hundred thirty seven (737) feet, more or less, to said beginning stone; containing fifty (50) acres, more or less, and being the same land described in a warranty deed dated January 20th 1893 to the Granite City and Madison Water Company from the St. Louis' Stamping Company, recorded in the office of the Recorder of Madison County, State of Illinois, on the 3rd day of March 1893 in book 220, page 252. 17 Parcel Nine : — The following described lots, situated in the County of Madison and State of Illinois, to-wit: Lots Number 19 and 20 having a frontage of ninety-five feet, on “C” Street between 17th and 18th Street and having a depth of one hundred and twenty-five feet in Block #75 in Granite City, according to the plat thereof, duly recorded in the office of the Recorder of said Madison County, in Plat Book Five, pages 55 and 56, being the property sold and conveyed to Granite City, Madison and Venice Water Company, by F. G. Niedringhaus et al, Trustees, in and by their certain warranty deed dated August 6th, 1901, and duly recorded in the office of the Recorder of Deeds of Madison County, Illinois, in Book 242 Page 114 subject, nevertheless, to all of the conditions therein expressed. Parcel Ten : — Also all licenses, permits, rights of way and easements granted, leased and conveyed to City Water Company of East St. Louis and Granite City («) by The Wiggins Ferry Company by its deed dated July 29, 1905, (5) by The Wiggins Ferry Company by instrument desig- nated as lease, license and agreement dated the Seventeenth day of April, 1916, which instruments were duly recorded in the Recorder’s office of St. Clair County, Illinois, and ( ST CLAIR COUNTY f 00 FILED FOR RECORD AT 5 00 P. M. JAN 2 1917 AND RECORDED IN BOOK 477 PAGE 331 C A SUMMERS, RECORDER BY W. O. D. DEPUTY 1617W * h { i 3 0112 105646878