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SUBTERRANEAN CYLINDRICAL EASEMENT AGREEMENT THIS AGREEMENT, made this day of ~ , 19( . , by and between City of University City Municipal Corporation located in St. Louis County ("Grantor") and The Metropolitan St. Louis Sewer District, a body corporate, a municipal corporation and a political subdivision of the State of Missouri ("Grantee") WITNESSETH Whereas, Grantor desires to grant to Grantee a Subterranean Cylindrical Easement to be located within the Grantors private property which is located approximately in Lots 32 & 33 of Block 7 of North Parkview Subdivision, Plat Book 11, Paqe 4, and Part of Block 3 of Rosedale Subdivision in Plat Book 12, Page 74, (city of St. Louis Records) in University City, St. Louis County, Missouri; and, Whereas, the Grantee desires to construct a tunnel located underground in the Easement in which sewer line(s) will be constructed and maintained (as per Exhibits A and B attached hereto and incorporated herein by reference); and, Whereas Grantor may hereafter desire to construct buildings and/or improvements, which could possibly be located above the tunnel and sewer line(s) that Grantee proposes to construct, and in order to afford protection of the tunnel and sewer line(s); and, Whereas Grantee is desirous of permitting Grantor to construct buildings and/or improvements over the Easement and whereas Grantee intends that the use and purpose of the proposed tunnel and sewer line(s) shall not interfere with the reasonable and normal use and occupancy of any future buildings and/or improvements; NOW, THEREFORE, for good and valuable consideration paid by each party hereto, one to the other, the receipt of which is herein acknowledged, and for consideration of the mutual covenants contained herein, Grantor and Grantee hereby agree as follows: Grantor does hereby give, grant, extend, and confer on the Grantee an Easement to build and maintain a tunnel and sewer line(s) in the ground described, as shown hachured on the Easement Plats attached hereto as Exhibits A and B (the "Easement"). Said Easement is restricted and limited to the ground underneath the surface of the land as depicted on Exhibits A and B. Grantee may from time to time enter into the Easement under conditions stated herein to construct, reconstruct, or maintain the sewer line(s) aforesaid, and may assign its rights in this Easement to the State, County or City or other political subdivisions of the State of Missouri, provided that such political entities agree to the terms and assume the obligations of Grantee under this Easement Agreement. That entry into the Easement herein granted shall only be from underground location(s) off Grantor's property unless a separate surface easement is also obtained from Grantor. The development of any buildings and/or improvements over the Easement will not result in a violation of the Easement granted and accepted herein. Grantee hereby agrees that its exercise of rights under this grant of Easement shall not interfere with the reasonable and normal use and occupancy of future buildings and/or improvements located over the Easement, except as otherwise specified herein. o There shall be no drilling, boring, or pile driving of any kind directly over or within the Easement herein granted without the express written consent of Grantee.