SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
Date of Report
(Date of earliest event reported):
March 25, 1997
Central Illinois Public Service Company
(Exact name of registrant as specified in charter)
Illinois 1-3672 37-0211380
(State or other (Commission File (IRS Employer
jurisdiction of Number) Identification
incorporation) Number)
607 East Adams Street, Springfield, Illinois 62739
(Address of principal executive offices)
Registrant's telephone number, including area code: (217) 523-3600
Item 7. Financial Statements, Pro Forma
Financial Information and Exhibits.
(c) Exhibits:
1.03 Amendment dated March 18, 1997, to Distribution Agreement
dated June 1, 1995, between Central Illinois Public Service
Company and the Agents named therein.
4.03 Form of Supplemental Indenture providing for Medium-Term
Notes, as series of First Mortgage Bonds.
The above exhibits are filed herewith in connection with the Company's
Registration Statements on Form S-3 (Registration No. 33-56063 and No. 333-
18473) which became effective November 21, 1994 and March 14, 1997,
respectively.
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
Central Illinois Public Service Company
/s/ Robert C. Porter
___________________________________
Robert C. Porter
Treasurer
Date: March 25, 1997
EXHIBIT INDEX
Exhibit No. Description
1.03 Amendment dated March 18, 1997, to Distribution
Agreement dated June 1, 1995, between Central Illinois
Public Service Company and the Agents named therein.
4.03 Form of Supplemental Indenture providing for Medium-
Term Notes, as series of First Mortgage Bonds.
CENTRAL ILLINOIS PUBLIC SERVICE COMPANY
First Mortgage Bonds, Medium-Term Note Series
AMENDMENT TO
DISTRIBUTION AGREEMENT
March 18, 1997
SMITH BARNEY INC.
388 Greenwich Street
New York, New York 10013
FIRST CHICAGO CAPITAL MARKETS, INC.
One First National Plaza
Chicago, Illinois 60670
MORGAN STANLEY & CO. INCORPORATED
1251 Avenue of the Americas
New York, New York 10020
Dear Sirs:
Central Illinois Public Service Company, an Illinois corporation, (the
"Company"), and each of you have entered into a Distribution Agreement,
dated June 1, 1995 (the "Agreement"), with respect to the issue and sale by
the Company of the Medium-Term Notes described therein (the "Notes").
Because the Company has filed a registration statement with the Securities
and Exchange Commission for the sale of additional Bonds under the
Agreement and because First Trust National Association has succeeded to the
trustee's duties under the Indenture, the parties hereto desire to amend
the Agreement as set forth below. Terms used and not otherwise defined
herein have the meanings set forth in the Agreement.
1. The Agreement is amended as follows:
(a) The introductory paragraphs are hereby deleted in their entirety
and replaced with the following:
Central Illinois Public Service Company, an Illinois
corporation (the "Company"), confirms its agreement with
Smith Barney Inc., First Chicago Capital Markets, Inc. and
Morgan Stanley & Co. Incorporated (and any other agent who
becomes a party hereto as specified in Section 1(a)) (each
referred to as an "Agent" and collectively referred to as
the "Agents") with respect to the issue and sale by the
Company of its First Mortgage Bonds, Medium-Term Note
Series described herein (the "Bonds"). The Bonds will be
issued under the Indenture of Mortgage or Deed of Trust
dated October 1, 1941, executed by the Company to First
Trust National Association, Chicago, Illinois, as
successor trustee (the "Trustee") and an individual
successor co-trustee (collectively, the "Trustees"), as
previously supplemented and amended by supplemental trust
indentures and as to be further supplemented and amended
by a supplemental trust indenture relating to each series
of Bonds (such Indenture of Mortgage or Deed of Trust as
so supplemented and amended and as to be so supplemented
and amended is referred to as the "Indenture"). Each
series of Bonds shall have the maturity date or dates,
interest rate or rates, and, if any, optional and
mandatory redemption provisions and other terms set forth
in the Prospectus referred to below as it may be amended
or supplemented from time to time. Each series of Bonds
will be issued, and the terms and rights thereof
established, from time to time by the Company in
accordance with the Indenture. As of March 18, 1997, the
Company has authorized the issuance and sale of up to
$145,000,000 aggregate principal amount of Bonds (of which
$20,000,000 has been issued as of the date of this
Amendment) through the Agents pursuant to the terms of
this Agreement (subject to the Company establishing the
terms of such Bonds or required by the Indenture). It is
understood, however, that the Company may from time to
time authorize the issuance of additional Bonds and that
such additional Bonds may be sold through or to the Agents
pursuant to the terms of this Agreement, all as though the
issuance of such Bonds were authorized as of the date
hereof.
This Agreement provides both for the sale of Bonds by
the Company directly to purchasers, in which case the
Agents will act as agents of the Company in soliciting
Bond purchases, and (as may from time to time be agreed to
by the Company and the applicable Agent) to an Agent as
principal for resale to purchasers.
The Company has filed with the Securities and
Exchange Commission (the "SEC") registration statements on
Form S-3 (No. 33-56063 and No. 333-18473) for the
registration of debt securities and preferred stock,
including the Bonds, under the Securities Act of 1933, as
amended (the "1933 Act"), and the offering thereof from
time to time in accordance with Rule 415 of the rules and
regulations of the SEC under the 1933 Act (the "1933 Act
Regulations"). Such registration statements have been
declared effective by the SEC. Such registration
statements (and any further registration statements which
may be filed by the Company for the purpose of registering
additional Bonds and in connection with which this
Agreement is included or incorporated by reference as an
exhibit) and the prospectus constituting a part thereof,
and any prospectus supplements relating to the Bonds
(including supplements filed pursuant to Rule 424(b)(3) of
the 1933 Act Regulations), including all documents
incorporated therein by reference, as from time to time
amended or supplemented by the filing of documents
pursuant to the Securities Exchange Act of 1934 (the "1934
Act") or the 1933 Act or otherwise, are referred to herein
as the "Registration Statement" and the "Prospectus",
respectively, except that if any revised prospectus shall
be provided to the Agents by the Company for use in
connection with the offering of the Bonds which is not
required to be filed by the Company pursuant to Rule
424(b) of the 1933 Act Regulations, the term "Prospectus"
shall refer to such revised prospectus from and after the
time it is first provided to each Agent for such use.
(b) All references in the Agreement to "Bank of America Illinois"
shall be deemed to be references to "First Trust National
Association".
(c) All references in the Agreement to the "ICC Order" shall be
deemed to be references to the most recently obtained order or
orders authorizing the issuance of Bonds in a principal amount
not less than the then current amount of Bonds the Company
determines shall be authorized for sale under the Agreement.
If the foregoing is in accordance with the Agents' understanding of
this amendment to the Agreement, please sign and return to the Company a
counterpart hereof, whereupon this instrument along with all counterparts
will become a binding agreement between the Agents and the Company in
accordance with its terms.
Very truly yours,
CENTRAL ILLINOIS PUBLIC SERVICE COMPANY
By:
Name:
Title:
Accepted:
SMITH BARNEY INC.
By:
Name:
Title:
FIRST CHICAGO CAPITAL MARKETS, INC.
By:
Name:
Title:
MORGAN STANLEY & CO. INCORPORATED
By:
Name:
Title:
Executed in 100 Counterparts, No. .
SUPPLEMENTAL INDENTURE
DATED MARCH 15, 1997
CENTRAL ILLINOIS PUBLIC SERVICE COMPANY
TO
FIRST TRUST NATIONAL ASSOCIATION
and F. SGARAGLINO,
AS TRUSTEES
______________
(SUPPLEMENTAL TO THE INDENTURE OF MORTGAGE OR DEED OF TRUST DATED
OCTOBER 1, 1941, EXECUTED BY CENTRAL ILLINOIS PUBLIC SERVICE COMPANY TO
CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST COMPANY OF CHICAGO AND
EDMOND B. STOFFT, AS TRUSTEES)
______________
(PROVIDING FOR FIRST MORTGAGE BONDS,
MEDIUM-TERM NOTE SERIES 1997-1, DUE 1999 THROUGH 2003)
This instrument was prepared by William J. Harmon, of
Jones, Day, Reavis & Pogue, 77 West Wacker, Suite 3500,
Chicago, Illinois 60601-1692
THIS SUPPLEMENTAL INDENTURE, dated March 15, 1997, made and
entered into by and between CENTRAL ILLINOIS PUBLIC SERVICE COMPANY, a
corporation organized and existing under the laws of the State of Illinois
(hereinafter commonly referred to as the "Company"), and FIRST TRUST
NATIONAL ASSOCIATION (formerly First Trust of Illinois, National
Association, successor trustee to Bank of America Illinois, formerly
Continental Bank, formerly Continental Bank, National Association and
formerly Continental Illinois National Bank and Trust Company of Chicago),
a national banking association having its office or place of business in
the City of Chicago, Cook County, State of Illinois (hereinafter commonly
referred to as the "Trustee"), and F. Sgaraglino (successor Co-Trustee), of
the City of Chicago, Cook County, State of Illinois, as Trustees under the
Indenture of Mortgage or Deed of Trust dated October 1, 1941, heretofore
executed and delivered by the Company to Continental Illinois National Bank
and Trust Company of Chicago and Edmond B. Stofft, as Trustees, as amended
by the Supplemental Indentures dated, respectively, September 1, 1947,
January 1, 1949, February 1, 1952, September 1, 1952, June 1, 1954,
February 1, 1958, January 1, 1959, May 1, 1963, May 1, 1964, June 1, 1965,
May 1, 1967, April 1, 1970, April 1, 1971, September 1, 1971, May 1, 1972,
December 1, 1973, March 1, 1974, April 1, 1975, October 1, 1976,
November 1, 1976, October 1, 1978, August 1, 1979, February 1, 1980,
February 1, 1986, May 15, 1992, July 1, 1992, September 15, 1992, April 1,
1993 and June 1, 1995, heretofore executed and delivered by the Company to
the Trustees under said Indenture of Mortgage or Deed of Trust dated
October 1, 1941; said Indenture of Mortgage or Deed of Trust dated
October 1, 1941, as amended by said Supplemental Indentures, being
hereinafter sometimes referred to as the "Indenture"; and said First Trust
National Association and F. Sgaraglino, as such Trustees, being hereinafter
sometimes referred to as the "Trustees" or the "Trustees under the
Indenture"; WITNESSETH:
WHEREAS, the Company has determined, by resolutions duly adopted
by its Board of Directors and/or the Executive Committee thereof, to issue
bonds of an additional series under and to be secured by the Indenture, as
hereby amended, to be known and designated as First Mortgage Bonds, Medium-
Term Note Series 1997-1 (hereinafter sometimes referred to as the "bonds of
Series 1997-1" or the "bonds of said Series"), and the bonds of said Series
shall be authorized, authenticated and issued only as registered bonds
without coupons, and to execute and deliver this supplemental indenture,
pursuant to the provisions of Article I, as amended, Section 6 of
Article II and Article XVI of the Indenture, for the purpose of
(1) creating and authorizing not to exceed $45,000,000 aggregate principal
amount of bonds of Series 1997-1 and setting forth the form, terms,
provisions and characteristics thereof, (2) modifying or amending certain
provisions of the Indenture in the particulars and to the extent
hereinafter specifically provided, and (3) specifically describing and
conveying to the Trustees, upon the trusts and for the purposes of the
Indenture, as hereby amended, certain additional properties which the
Company has constructed or otherwise acquired subsequent to March 1, 1995,
except property of the character expressly excepted or excluded from the
lien of the Indenture by the terms thereof, and which are owned by the
Company at the date of the execution hereof and are subject in any event to
the lien and effect of the Indenture; and
WHEREAS, the execution and delivery of the Company of this
supplemental indenture have been duly authorized by the Board of Directors
of the Company and/or the Executive Committee thereof; and the Company has
requested, and hereby requests, the Trustees to enter into and join with
the Company in the execution and delivery of this supplemental indenture;
and
WHEREAS, the bonds of Series 1997-1 are to be authorized,
authenticated and issued only in the form of registered bonds without
coupons, and each of the bonds of Series 1997-1 and the certificate of the
Trustee thereon shall be substantially in the following form, to wit:
[form of bond]
No. $
Illinois Commerce Commission ID Number 5994
CENTRAL ILLINOIS PUBLIC SERVICE COMPANY
First Mortgage Bond, Medium-Term Note Series 1997-1
Original
Issue Dated Maturity
Date Date Date CUSIP
March 26, 1997 *
Interest
Interest Payment Record
Rate Dates Dates
*% March 15 March 1
September 15 September 1
REGISTERED OWNER
PRINCIPAL AMOUNT DOLLARS
* To be completed in accordance with the terms of Section 1 of Article I
hereof.
Unless this certificate is presented by an authorized
representative of The Depository Trust Company, a New York corporation
("DTC"), to the Company or its agent for registration of transfer,
exchange, or payment, and any certificate issued is registered in the name
of Cede & Co. or in such other name as is requested by an authorized
representative of DTC (and any payment is made to Cede & Co. or to such
other entity as is requested by an authorized representative of DTC), ANY
TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY
PERSON IS WRONGFUL inasmuch as the Registered Owner hereof, Cede & Co., has
an interest herein.
Central Illinois Public Service Company, an Illinois corporation
(hereinafter referred to as the "Company"), for value received, hereby
promises to pay to the Registered Owner specified above, or registered
assigns, the Principal Amount specified above on the Maturity Date
specified above, and to pay to the Registered Owner interest on said sum
from the Dated Date hereof, at the Interest Rate specified above, payable
half-yearly on the Interest Payment Dates specified above, until said
principal sum is paid. The interest so payable on any Interest Payment
Date will be paid, subject to certain exceptions provided in the
Supplemental Indenture dated March 15, 1997, hereinafter referred to, to
the Registered Owner at the close of business of the Trustee on the
immediately preceding Record Date. Both the principal of and the interest
on this bond shall be payable at the office or agency of the Company in the
City of Chicago, State of Illinois, in any coin or currency of the United
States of America which at the time of payment is legal tender for public
and private debts, or, at the option of the Registered Owner, in like coin
or currency, at the office or agency of the Company in the Borough of
Manhattan, City of New York, State of New York. At the option of the
Company, interest on this bond may be paid by check mailed on the Interest
Payment Date to the Registered Owner.
EXCEPT UNDER THE LIMITED CIRCUMSTANCES DESCRIBED IN THE
INDENTURE, THIS GLOBAL BOND MAY NOT BE TRANSFERRED EXCEPT AS A WHOLE BY THE
DEPOSITARY OR BY A NOMINEE OF THE DEPOSITARY TO THE DEPOSITARY, ANOTHER
NOMINEE OF THE DEPOSITARY, A SUCCESSOR OF THE DEPOSITARY OR A NOMINEE OF
SUCH SUCCESSOR.
This bond is one of the bonds issued and to be issued from time
to time under and in accordance with and all secured by the indenture of
mortgage or deed of trust dated October 1, 1941, executed and delivered by
the Company to First Trust National Association (formerly First Trust of
Illinois, National Association, successor trustee to Bank of America
Illinois, formerly Continental Bank, formerly Continental Bank, National
Association and formerly Continental Illinois National Bank and Trust
Company of Chicago and hereinafter referred to as the "Trustee") and Edmond
B. Stofft, as Trustees, and the various indentures supplemental thereto,
including the Supplemental Indenture dated March 15, 1997 pursuant to which
$45,000,000 in aggregate principal amount of the First Mortgage Bonds,
Medium-Term Note Series 1997-1 are authorized, each executed and delivered
by the Company to the Trustees under said indenture of mortgage or deed of
trust dated October 1, 1941, prior to the authentication of this bond (said
indenture of mortgage or deed of trust and said supplemental indentures
being hereinafter referred to, collectively, as the "Indenture"); and said
First Trust National Association and F. Sgaraglino (successor Co-Trustee)
being now the Trustees under the Indenture. Reference to the Indenture and
to all supplemental indentures, if any, hereafter executed pursuant to the
Indenture is hereby made for a description of the property mortgaged and
pledged, the nature and extent of the security and the rights of the
holders and Registered Owners of said bonds and of the Trustees and of the
Company in respect of such security. By the terms of the Indenture the
bonds to be secured thereby are issuable in series, which may vary as to
date, amount, date of maturity, rate of interest, redemption provisions,
medium of payment and in other respects as in the Indenture provided. The
bonds of Series 1997-1 are not subject to redemption.
In case of certain events of default specified in the Indenture,
the principal of this bond may be declared or may become due and payable in
the manner and with the effect provided in the Indenture. No recourse
shall be had for the payment of the principal of or interest on this bond,
or for any claim based hereon, or otherwise in respect hereof or of the
Indenture or any indenture supplemental thereto, to or against any
incorporator, stockholder, officer or director, past, present or future, of
the Company, or of any predecessor or successor corporation, either
directly or through the Company, or such predecessor or successor
corporation, under any constitution or statute or rule of law, or by the
enforcement of any assessment, penalty, or otherwise, all such liability of
incorporators, stockholders, directors and officers being waived and
released by the Registered Owner hereof by the acceptance of this bond and
being likewise waived and released by the terms of the Indenture. This
bond is transferable by the Registered Owner hereof, in person or by
attorney duly authorized, at the principal office or place of business of
the Trustee under the Indenture, upon the surrender and cancellation of
this bond and the payment of any stamp tax or other governmental charge,
and upon any such transfer a new registered bond or bonds without coupons,
of the same Series and maturity and for the same aggregate principal
amount, will be issued to the transferee in exchange herefore; provided,
that the Company shall not be required to register, transfer or exchange
bonds of said Series for a period of ten (10) days next preceding an
Interest Payment Date with respect to bonds of said Series.
This bond shall not be valid or become obligatory for any purpose
unless and until it shall have been authenticated by the execution by the
Trustee or its successor in trust under the Indenture of the Trustee's
Certificate endorsed hereon.
IN WITNESS WHEREOF, Central Illinois Public Service Company has
caused this bond to be executed in its name by the manual or facsimile
signature of its President or one of its Vice-Presidents, and its corporate
seal or a facsimile thereof to be affixed or imprinted hereon and attested
by the manual or facsimile signature of its Secretary or one of its
Assistant Secretaries.
CENTRAL ILLINOIS PUBLIC SERVICE COMPANY
By__________________________________
President
ATTEST:
By
Secretary
This bond is one of the bonds of the series designated therein,
described in the within mentioned Indenture.
FIRST TRUST NATIONAL ASSOCIATION,
as Trustee
By____________________________________
Authorized Officer
[end of form of bond]
NOW, THEREFORE, in consideration of the premises and of the sum of
One Dollar ($1.00) duly paid by the Trustees to the Company, and of other
good and valuable considerations, the receipt whereof is hereby
acknowledged, and for the purpose of further assuring to the Trustees under
the Indenture their title to, or lien upon, the property hereinafter
described, under and pursuant to the terms of the Indenture, as hereby
amended, and for the purpose of further securing the due and punctual
payment of the principal of and interest and the premium, if any, on all
bonds which have been heretofore or shall be hereafter issued under the
Indenture and indentures supplemental thereto and which shall be at any
time outstanding thereunder and secured thereby, and for the purpose of
securing the faithful performance and observance of all the covenants and
conditions set forth in the Indenture and/or in any indenture supplemental
thereto, the Company has given, granted, bargained, sold, transferred,
assigned, pledged, mortgaged, warranted the title to and conveyed, and by
these presents does give, grant, bargain, sell, transfer, assign, pledge,
mortgage, warrant the title to and convey unto FIRST TRUST NATIONAL
ASSOCIATION and F. SGARAGLINO, as Trustees under the Indenture as therein
provided, and their successors in the trusts thereby created, and to their
assigns, all the right, title and interest of the Company in and to any and
all premises, plants, property, leases and leaseholds, franchises, permits,
rights and powers, of every kind and description, real and personal, which
have been acquired by the Company through construction, purchase,
consolidation or merger, or otherwise, subsequent to March 1, 1995, and
which are owned by the Company at the date of the execution hereof,
together with the rents, issues, products and profits therefrom, excepting,
however, and there is hereby expressly reserved and excluded from the lien
and effect of the Indenture and of this supplemental indenture, all right,
title and interest of the Company, now owned, in and to (a) all cash,
bonds, shares of stock, obligations and other securities not deposited with
the Trustee or Trustees under the Indenture, and (b) all accounts and bills
receivable, judgments (other than for the recovery of real property or
establishing a lien or charge thereon or right therein) and chooses in
action not specifically assigned to and pledged with the Trustee or
Trustees under the Indenture, and (c) all personal property acquired or
manufactured by the Company for sale, lease, rental or consumption in the
ordinary course of business, and (d) the last day of each of the demised
terms created by any lease of property leased to the Company and under each
and every renewal of any such lease, the last day of each and every such
demised term being hereby expressly reserved to and by the Company, and
(e) all gas, oil and other minerals now or hereafter existing upon, within
or under any real estate of the Company subject to, or hereby subjected to,
the lien of the Indenture.
Without in any way limiting or restricting the generality of the
foregoing description or the foregoing exceptions and reservations, the
Company hereby expressly gives, grants, bargains, sells, transfers,
assigns, pledges, mortgages, warrants the title to and conveys unto said
FIRST TRUST NATIONAL ASSOCIATION and F. SGARAGLINO, as Trustees under the
Indenture, and unto their successor or successors in trust, and their
assigns, under the trusts and for the purposes of the Indenture, as hereby
amended, the properties described in Schedule A to this supplemental
indenture, which is incorporated herein by reference with the same force
and effect as if set forth at length herein, and which properties have been
acquired by the Company, through construction, purchase, consolidation or
merger, or otherwise, subsequent to March 1, 1995 (except as otherwise
indicated in said Schedule A), and which are owned by the Company at the
date of the execution hereof together with the tenements, hereditaments and
appurtenances thereunto belonging or appertaining, TO HAVE AND TO HOLD all
said property, rights and interests forever, BUT IN TRUST, NEVERTHELESS,
upon the trusts, for the purposes and subject to all the terms, conditions,
provisions and restrictions of the Indenture, as hereby amended.
And upon the considerations and for the purposes aforesaid, and in order to
provide, pursuant to the terms of the Indenture, for the issuance under the
Indenture, as hereby amended, of bonds of Series 1997-1 and to fix the
terms, provisions and characteristics of the bonds of said Series, and to
modify or amend the Indenture in the particulars and to the extent
hereinafter in this supplemental indenture specifically provided, the
Company hereby covenants and agrees with the Trustees as follows:
ARTICLE I
SECTION 1. A series of bonds issuable under the Indenture, as
hereby amended, to be known and designated as "First Mortgage Bonds, Medium-
Term Note Series 1997-1" (hereinafter in this Article sometimes referred to
as the "bonds of Series 1997-1" or the "bonds of said Series"), and which
shall be executed, authenticated and issued only in the form of registered
bonds without coupons, is hereby created and authorized. The bonds of
Series 1997-1 and the Trustee's Certificate to be endorsed thereon shall be
substantially in the form thereof hereinbefore recited. If so directed by
the Company, the bonds of Series 1997-1 shall be issued as a single global
security for each maturity thereof and registered in the name of The
Depository Trust Company or its nominee or successor under a
"book-entry-only" system pursuant to a letter of representation between the
Company and the Trustee and said depository. Each bond of said Series
shall be dated as of the Interest Payment Date thereof to which interest
was paid next preceding the date of issue, unless (a) issued on an Interest
Payment Date thereof to which interest was paid, in which event it shall be
dated as of such issue date, or (b) issued prior to the occurrence of the
first Interest Payment Date thereof to which interest was paid, in which
event it shall be dated the Original Issue Date (specified in the form of
bond). The bonds of said Series shall be due and payable in the respective
principal amounts on the applicable Maturity Date specified below, shall
bear interest from the date thereof at the applicable Interest Rate per
annum specified below payable half-yearly on the Interest Payment Dates
specified in the form of bond to the Registered Owner as specified on the
registry books of the Trustee at the close of business of the Trustee on
the applicable Record Date as provided in Section 3 of this Article I.
Maturity Date Principal Amount Interest Rate
March 15, 1999 $5,000,000 6.52%
September 15, 1999 $5,000,000 6.60%
March 15, 2000 $5,000,000 6.68%
September 15, 2000 $5,000,000 6.75%
March 15, 2001 $5,000,000 6.83%
September 15, 2001 $5,000,000 6.89%
March 15, 2002 $5,000,000 6.94%
September 15, 2002 $5,000,000 6.96%
March 15, 2003 $5,000,000 6.99%
The bonds of Series 1997-1 shall be payable, as to both principal and
interest, at the office or agency of the Company in the City of Chicago,
State of Illinois, in any coin or currency of the United States of America
which at the time of payment is legal tender for public and private debts,
or, at the option of the Registered Owner, in like coin or currency, at the
office or agency of the Company in the Borough of Manhattan, City of New
York, State of New York. At the option of the Company, interest on the
bonds of Series 1997-1 may be paid by check mailed on the Interest Payment
Date to the Registered Owner. So long as any "book-entry-only" system is
in effect, the bonds of said Series shall be paid as provided in the letter
of representation referred to above.
SECTION 2. Anything contained in Section 14 of Article I of the
Indenture, or elsewhere in the Indenture, to the contrary notwithstanding,
only the person in whose name any of the bonds of said Series is registered
(the "Registered Owner") at the close of business on any Record Date, as
hereinafter defined, with respect to any Interest Payment Date shall be
entitled to receive the interest payable on such Interest Payment Date
notwithstanding the cancellation of such bonds upon any transfer or
exchange subsequent to the Record Date and prior to such Interest Payment
Date; provided, however, that if and to the extent the Company shall
default in the payment of the interest due on such Interest Payment Date,
such defaulted interest shall be paid to the persons in whose names
outstanding bonds of said Series are registered on the Record Date to be
established by the Trustee for payment of such defaulted interest.
SECTION 3. The term "Record Date" as used herein with respect to
any Interest Payment Date (other than an Interest Payment Date for the
payment of defaulted interest) shall mean the applicable Record Date
specified in the form of bond next preceding such Interest Payment Date,
or, if such Record Date shall be a legal holiday or a day on which banking
institutions in the City of Chicago, Illinois, are authorized by law to
close, then the next preceding day which shall not be a legal holiday or a
day on which such institutions are so authorized to close.
SECTION 4. The bonds of Series 1997-1 are not subject to
redemption.
SECTION 5. The Company shall not be required to register,
transfer or exchange bonds of said Series for a period of ten (10) days
next preceding an Interest Payment Date with respect to bonds of said
Series.
The bonds of said Series shall, from time to time, be executed on
behalf of the Company and sealed with the corporate seal of the Company,
all in the manner provided or permitted by Section 6 of Article I of the
Indenture, as follows:
(a) bonds of Series 1997-1 executed on behalf of the Company by
its President or a Vice-President and/or by its Secretary or an Assistant
Secretary may be so executed by the facsimile signature of such President
or Vice-President and/or of such Secretary or Assistant Secretary, as the
case may be, of the Company, or of any person or persons who shall have
been such officer or officers, as the case may be, of the Company on or
subsequent to the date of this supplemental indenture, notwithstanding that
he or they may have ceased to be such officer or officers of the Company at
the time of the actual execution, authentication, issue or delivery of any
of such bonds, and any such facsimile signature or signatures of any such
officer or officers on any such bonds shall constitute execution of such
bonds on behalf of the Company by such officer or officers of the Company
for the purposes of the Indenture, as hereby amended, and shall be valid
and effective for all purposes, provided that all bonds shall always be
executed on behalf of the Company by the signature, manual or facsimile, of
its President or a Vice-President and of its Secretary or an Assistant
Secretary, and provided, further, that none of such bonds shall be executed
on behalf of the Company by the same officer or person acting in more than
one capacity; and
(b) such corporate seal of the Company may be a facsimile, and any
bonds of said Series on which such facsimile seal shall be affixed,
impressed, imprinted or reproduced shall be deemed to be sealed with the
corporate seal of the Company for the purposes of the Indenture, as hereby
amended, and such facsimile seal shall be valid and effective for all
purposes.
SECTION 6.
(a) Except as provided in subsections (c) and (g) below, the holder of
all of the bonds of Series 1997-1 shall be the Depository Trust Company
("DTC") and the bonds of said Series shall be registered in the name of
Cede & Co., as nominee for DTC.
(b) The bonds of Series 1997-1 shall be initially issued in the form
of a separate single authenticated fully registered certificate for each
maturity thereof in the name of Cede & Co. and in the aggregate principal
amount of the bonds of Series 1997-1 (the "Global Bonds"). Upon initial
issuance, the ownership of such bonds of said Series shall be registered in
the bond register kept by the Trustee in the name of Cede & Co., as nominee
of DTC. So long as the bonds of said Series are evidenced by Global Bonds,
the Trustee and the Company may treat DTC (or its nominee) as the sole and
exclusive holder of the bonds of Series 1997-1 registered in its name for
the purposes of payment of the principal of and interest on the bonds of
said Series, and of giving any notice permitted or required to be given to
holders under the Indenture and neither the Trustee nor the Company shall
be affected by any notice to the contrary. Neither the Trustee nor the
Company shall have any responsibility or obligation to any of DTC's
participants (each, a "Participant"), any person claiming a beneficial
ownership in the bonds of Series 1997-1 under or through DTC or any
Participant (each, a "Beneficial Owner"), or any other person which is not
shown on the bond register maintained by the Trustee as being a holder,
with respect to the accuracy of any records maintained by DTC or any
Participant, the payment by DTC or any Participant of any amount in respect
of the principal of, or interest on the bonds of said Series; any notice
which is permitted or required to be given to holders under the Indenture
of bonds of Series 1997-1; or any consent given or other action taken by
DTC as bondholder. The Trustee shall pay all principal of, and interest on
the bonds of Series 1997-1 registered in the name of Cede & Co. only to or
"upon the order of" DTC (as that term is used in the Uniform Commercial
Code as adopted in Illinois and New York), and all such payments shall be
valid and effective to fully satisfy and discharge the Company's
obligations with respect to the principal of and interest on such bonds of
said Series to the extent of the sum or sums so paid. Except as otherwise
provided in Section 6(c) and (g) below, no person other than DTC shall
receive authenticated bond certificates evidencing the obligation of the
Company to make payments of principal of and interest on the bonds of said
Series. Upon delivery by DTC to the Trustee of written notice to the
effect that DTC has determined to substitute a new nominee in place of
Cede & Co., and subject to the provision of the Indenture with respect to
transfers of bonds, the word "Cede & Co." in this Supplemental Indenture
shall refer to such new nominee of DTC.
(c) All Global Bonds shall be exchangeable for bonds of Series 1997-1
in certificated form registered in the names of Participants and/or
Beneficial Owners if, but only if, (i) DTC notifies the Company that it is
unwilling or unable to continue as Depository for bonds of said Series or
at any time ceases to be a clearing agency registered as such under the
Securities Exchange Act of 1934, as amended, (ii) the Company instructs the
Trustee that such Global Bonds shall be exchangeable or (iii) there shall
have occurred and be continuing an event of default or an event that with
notice or passage of time, or both, would constitute an event of default.
In any such event, the Trustee shall issue, transfer and exchange bond
certificates as requested by DTC in appropriate amounts pursuant to Article
I of the Indenture and Section 1 of this Supplemental Indenture. The
Company shall pay all costs in connection with the production, execution
and delivery of such bond certificates. If bond certificates are issued,
the provisions of the Indenture shall apply to, among other things, the
transfer and exchange of such certificates and the method of payment and
principal of and interest on such certificates.
(d) Notwithstanding any other provision of this Supplemental Indenture
to the contrary, so long as any bonds of Series 1997-1 are evidenced by
Global Bonds, registered in the name of Cede & Co., as nominee of DTC, all
payments with respect to the principal of, premium, if any, and interest on
the bonds of said Series and all notices with respect to the bonds of said
Series shall be made and given, respectively, to DTC as provided in the
representation letter relating to the bonds of said Series among DTC, the
Trustee and the Company. The Trustee is hereby authorized and directed to
comply with all terms of the representation letter.
(e) In connection with any notice or other communication to be
provided pursuant to the Indenture for the bonds of Series 1997-1 by the
Company or the Trustee with respect to any consent or other action to be
taken by the holders of the bonds of said Series, the Company or the
Trustee, as the case may be, shall seek to establish a record date to the
extent permitted by the Indenture for such consent or other action and give
DTC notice of such record date not less than fifteen (15) calendar days in
advance of such record date to the extent possible. Such notice to DTC
shall be given only when DTC is the sole holder.
(f) NEITHER THE COMPANY NOR THE TRUSTEE WILL HAVE ANY RESPONSIBILITY
OR OBLIGATIONS TO THE PARTICIPANTS OR THE BENEFICIAL OWNERS WITH RESPECT TO
(1) THE ACCURACY OF ANY RECORDS MAINTAINED BY DTC OR ANY PARTICIPANT; (2)
THE PAYMENT BY DTC OR ANY PARTICIPANT OF ANY AMOUNT DUE TO ANY BENEFICIAL
OWNER IN RESPECT OF THE PRINCIPAL OF PREMIUM, IF ANY, OR INTEREST ON THE
BONDS OF SERIES 1997-1; (3) THE DELIVERY BY DTC OR ANY PARTICIPANT OF ANY
NOTICE TO ANY BENEFICIAL OWNER WHICH IS REQUIRED OR PERMITTED UNDER THE
TERMS OF THE INDENTURE TO BE GIVEN TO HOLDERS; OR (4) ANY CONSENT GIVEN OR
OTHER ACTION TAKEN BY DTC AS A HOLDER.
SO LONG AS CEDE & CO. IS THE REGISTERED HOLDER OF THE BONDS OF SERIES
1997-1 AS NOMINEE OF DTC, REFERENCES HEREIN TO THE BONDS OF SAID SERIES OR
REGISTERED HOLDERS OF THE BONDS OF SAID SERIES SHALL MEAN CEDE & CO. AND
SHALL NOT MEAN THE BENEFICIAL OWNERS OF THE BONDS OF SAID SERIES NOR DTC
PARTICIPANTS.
(g) No Global Bond may be transferred except as a whole by DTC to a
nominee of DTC or by a nominee of DTC to DTC or another nominee of DTC or
by DTC or any such nominee to a successor of DTC or a nominee of such
successor.
(h) Upon the termination of the services of DTC with respect to the
bonds of Series 1997-1 pursuant to subsection (c) of this Section 6 after
which no substitute book-entry depository is appointed, the bonds of said
Series shall be registered in whatever name or names holders transferring
or exchanging bonds of said Series shall designate in accordance with the
provisions of the Indenture.
ARTICLE II
SECTION 1. Sections 10 and 16 of Article III of the Indenture
are, and each of them is, hereby amended by striking out the words
"Series L, Newton, Series W through Series Z and Series 1995-1" wherever
the same occur in each of said sections, and by inserting, in lieu thereof,
the words "Series L, Series W through Series Z, Series 1995-1 and Series
1997-1" and the Company hereby covenants and agrees to observe and comply
with the provisions of said sections as hereby amended.
ARTICLE III
SECTION 1. The provisions of this supplemental indenture shall
become and be effective from and after the execution hereof, and the
Indenture, as hereby amended, shall remain in full force and effect.
SECTION 2. Each reference in the Indenture, or in this
supplemental indenture, to any article, section, term or provision of the
Indenture shall mean and be deemed to refer to such article, section, term
or provision of the Indenture, as hereby amended, except where the context
otherwise indicates.
SECTION 3. All the covenants, provisions, stipulations and
agreements in this supplemental indenture contained are and shall be for
the sole and exclusive benefit of the parties hereto, their successors and
assigns, and of the holders and Registered Owners from time to time of the
bonds and of the coupons issued and outstanding from time to time under and
secured by the Indenture, as hereby amended.
This supplemental indenture has been executed in a number of
identical counterparts, each of which so executed shall be deemed to be an
original.
At the time of the execution of this supplemental
indenture, the aggregate principal amount of all indebtedness of the
Company outstanding, or to be presently outstanding, under and secured by
the Indenture, as hereby amended, is $344,000,000, evidenced by First
Mortgage Bonds of the series listed below, issued by the Company under said
Indenture and now outstanding or to be presently issued by it under said
Indenture, as follows:
Principal
Series Interest Rate(%) Maturity Date Amount
L 5-7/8 May 1, 1997 15,000,000
W 7-1/8 May 15, 1999 50,000,000
W 8-1/2 May 15, 2022 33,000,000
X 6-1/8 July 1, 1997 43,000,000
X 7-1/2 July 1, 2007 50,000,000
Y 6-3/4 September 15, 2002 23,000,000
Z 6 April 1, 2000 25,000,000
Z 6-3/8 April 1, 2003 40,000,000
1995-1 6.49 June 1, 2005 20,000,000
1997-1 (a) (a) 45,000,000(b)
Total 344,000,000
________________________
(a) At the applicable Interest Rates and Maturity Dates specified in
Section 1 of Article I hereof.
(b) To be presently issued by the Company under said Indenture.
IN WITNESS WHEREOF, said Central Illinois Public Service Company
has caused this instrument to be executed in its corporate name by its
President or a Vice President and its corporate seal or a facsimile thereof
to be hereunto affixed and to be attested by its Secretary or an Assistant
Secretary, and said First Trust National Association, for the purpose of
entering into and joining with the Company in the execution of this
supplemental indenture, has caused this instrument to be executed in its
corporate name by one of its Assistant Vice Presidents and its corporate
seal to be hereunto affixed and to be attested by one of its Vice
Presidents, and said F. Sgaraglino, for the purpose of entering into and
joining with the Company in the execution of this supplemental indenture,
has signed and sealed this instrument; all as of the day and year first
above written.
CENTRAL ILLINOIS PUBLIC SERVICE COMPANY
By_____________________________________
W. A. Koertner Vice
President
(CORPORATE SEAL)
ATTEST:
__________________________
R. C. Porter
Assistant Secretary
FIRST TRUST NATIONAL ASSOCIATION
By_____________________________________
Larry Kusch
Assistant Vice President
(CORPORATE SEAL)
ATTEST:
__________________________
Patricia M. Trlak
Vice President and
Assistant Secretary
______________________________
(SEAL)
F. Sgaraglino
STATE OF ILLINOIS )
) ss
COUNTY OF SANGAMON )
I, Kendra S. Holmes, a Notary Public in and for said County in the
State aforesaid, do hereby certify that William A. Koertner, Vice President
of CENTRAL ILLINOIS PUBLIC SERVICE COMPANY, a corporation organized and
existing under the laws of the State of Illinois, and Robert C. Porter,
Assistant Secretary of said corporation, who are both personally known to
me to be the same persons whose names are subscribed to the foregoing
instrument as such officers, respectively, of said corporation, and who are
both personally known to me to be such officers, appeared before me this
day in person and severally acknowledged that they signed, sealed and
delivered said instrument as their free and voluntary act as such officers,
and as the free and voluntary act of said corporation, for the uses and
purposes therein set forth.
Given under my hand and official seal this 20th day of March,
1997.
_______________________________
Notary Public
(NOTARIAL SEAL)
STATE OF ILLINOIS )
) ss
COUNTY OF COOK )
I, Sandra Rhoden, a Notary Public in and for said County in the
State aforesaid, do hereby certify that:
(a) Larry Kusch, an Assistant Vice President of FIRST TRUST
NATIONAL ASSOCIATION, a national banking association, and Patricia M.
Trlak, a Vice President of said association, who are both personally
known to me to be the same persons whose names are subscribed to the
foregoing instrument as such officers, respectively, of said
association, and who are both personally known to me to be such
officers, appeared before me this day in person and severally
acknowledged that they signed, sealed and delivered said instrument as
their free and voluntary act as such officers, and as the free and
voluntary act of said association, for the uses and purposes therein
set forth; and
(b) F. Sgaraglino, personally known to me to be the same person
whose name is subscribed to the foregoing instrument, appeared before
me this day in person and acknowledged that he signed, sealed and
delivered said instrument as his free and voluntary act, for the uses
and purposes therein set forth.
Given under my hand and official seal this 18th day of March,
1997.
Sandra Rhoden
Notary Public
(NOTARIAL SEAL)
Schedule A
TO THE SUPPLEMENTAL INDENTURE DATED MARCH 15, 1997
OF CENTRAL ILLINOIS PUBLIC SERVICE COMPANY TO
FIRST TRUST NATIONAL ASSOCIATION AND
F. SGARAGLINO AS TRUSTEES
The properties of the Company acquired through construction, purchase,
consolidation or merger or otherwise subsequent to March 1, 1995 and prior
to January 1, 1997 referred to on page 8 of the foregoing Supplemental
Indenture, located in the counties of Adams, Brown, Christian, Coles,
Crawford, Edgar, Effingham, Ford, Franklin, Fulton, Greene, Hancock,
Jackson, Livingston, Mason, Menard, Peoria, Perry, Pulaski, Richland,
Sangamon, Schuyler, Scott, Vermilion and Williamson in the State of
Illinois as described as follows:
First. The following described single circuit electric transmission lines
of the Company, on single wood poles or H-frame tubular steel structures,
located in the State of Illinois:
From To
Location County Location County KV
Effingham Rt. 45 Effingham N.W. Effingham Substation Effingham 69*
New Grand Chain Pulaski Olmstead Pulaski 69*
* Single circuit built on single wood poles.
Second. The following described electric substations of the Company:
(a) located in, or in the vicinity of, the following communities, and
(b) serving the customers of the Company named below, all located in the
State of Illinois:
(a)
Location
Community County KVA
Olmsted Pulaski 10,500
Quincy Adams 10,500
Nauvoo Hancock 5,250
Niota Hancock 5,250
(b)
Location
Serving Community County KVA
Pittsburgh Tube Fairbury Livingston 5,250
Walmart Distributor Olney Richland 10,500
Chicap Pipeline Sibley Ford 5,250
Third. The following described gas distribution mains of the Company
located in the State of Illinois:
Location Appropriate
length in feet
Community County
Benton Franklin 41,385
Marion Williamson 66,884
Camden Schuyler 5,414
Mt. Sterling Brown 2,780
Carbondale Jackson 69,281
Naples Scott 4,638
Topeka and Mason 39,780
area North
Lewistown Fulton 4,941
Petersburg Menard 3,075
Quincy Adams 14,429
Pleasant Sangamon 4,478
Plains
Effingham Effingham 11,560
Mattoon Coles 5,838
Charleston Coles 4,882
Wee-Ma-Tuk Fulton 3,829
Athens Menard 9,095
Eldred Greene 29,737
Paris Edgar 7,729
Pana Christian 7,046
Robinson Crawford 2,795
Glasford Peoria 60,000
(Lake
Camelot
Subdivision)
Fourth. The following described gas transmission mains of the Company
located in the State of Illinois and extending:
From To Approximate
Location County Location County length in
feet
Transmission Mason Regulator Mason 46,600
main near station near
Havana Topeka
North and Peoria Lake Camelot Peoria 17,000
East from Subdivision
near Glasford
Fifth. The following described communication facilities of the Company
located in the State of Illinois, to-wit:
Item 1. Gas telemetering equipment on the pipeline tap serving the
Commonwealth Edison Kincaid Power Station in Christian County.
Sixth. The following described real estate situated in Adams County,
Illinois:
Item 1. A part of the Southwest quarter (SW 1/4) of Section Nineteen (Sec.
19) in Township One South (T.1.S.) of the Base Line and in Range Eight West
(R.8.W.) of the Fourth Principal Meridian (4th P.M.), Adams County,
Illinois, being more particularly bounded and described as follows:
Commencing at the Northeast Corner (NE Cor.) of the Southwest Quarter (SW
1/4) of said Section Nineteen (Sec. 19), thence South 0122'31" West along
the East line of said Southwest Quarter a distance of 130.00 feet, thence
North 8837'29" West on a line perpendicular to said East line a distance of
80.00 feet, said point being the true point of beginning, thence from said
true point of beginning South 0122'31" West parallel with the East line of
said Southwest Quarter a distance of 200.00 feet, thence North 8837'29"
West on a line perpendicular to said East line a distance of 150.00 feet,
thence North 0122'31" East parallel with said East line a distance of
200.00 feet, thence South 8837'29" East a distance of 150.00 feet to the
true point of beginning, containing 0.6887 acres.
Item 2. A part of the Southeast Quarter of Section 12, Township 1 South of
the Base Line and in Range 9 West of the Fourth Principal Meridian, Adams
County, Illinois, being more particularly bounded and described as follows,
to wit: Beginning at a point on the east line of said Section12, said
point being North 00 degrees 22 minutes 34 seconds West 301.81 feet from
the southeast corner of said Section, thence South 89 degrees 37 minutes 26
seconds West 28.58 feet to a point on the westerly right-of-way of North
24th Street (Illinois Route 96), said point being 30 feet right of
centerline Station 2411+37.7 of State Bond Issue Route 31 as shown on a
drawing recorded in Plat Book "B" at Page 5 in the Office of the Adams
County Recorder of Deeds, thence South 44 degrees 54 minutes 00 seconds
West along said westerly right-of-way 192.00 feet, thence North 00 degrees
22minutes 34 seconds West parallel with the east line of said Section 12 a
distance of 285.11 feet, thence North 89 degrees 37 minutes 26 seconds East
a distance of 165.00 feet to a point on the east line of said Section 12,
thence South 00 degrees 22 minutes 34 seconds East along said East line a
distance of 150.00 feet to the point of beginning, containing 0.78 acres,
including right-of-way along the east side thereof.
Seventh. The following described real estate situated in Coles County,
Illinois:
Item 1. The North 3.000 acres of that part of the Northeast Quarter (NE 1/4)
of Section One (1), Township Twelve (12) North, Range Seven (7) East of the
Third Principal Meridian that lies East of the East right of way line of
the Illinois Central Railroad more particularly described as follows:
Commencing at the Northeast corner of Section One (1), Township Twelve (12)
North, Range Seven (7) East of the Third Principal Meridian; thence azimuth
18130'59", 1044.26 feet along the East line of said Section One (1) to the
point of beginning; thence continue azimuth 18130'59", 841.34 feet along
the East line of said Section One (1); thence azimuth 26840'54", 311.06
feet to the East right of way line of the Illinois Central Railroad; thence
azimuth 2126'56", 911.32 feet along said right of way line to the point of
beginning, containing 3.000 acres, in Mattoon Township, Coles County,
Illinois.
Eighth. The following described real estate situated in Effingham County,
Illinois:
Item 1. Lot 1 of the CIPS Subdivision of Lot 4 of the Second Addition to
Teutopolis Commercial Park, being a part of the North Half of Section 23,
Township 8 North, Range 5 East of the Third Principal Meridian, Effingham
County, Illinois, reference being had to Plat No. 46-C and Plat Book 12,
page 135 and to Plat No. 211-C and Plat Book 1242, page 191 in the
Recorder's Office of Effingham County, Illinois.
Ninth. The following described real estate situated in Ford County,
Illinois:
Item 1. A tract of land located and lying in Section 9, Township 23 North,
Range 10 East of the Third Principal Meridian in Ford County, Illinois, and
more particularly described as follows:
Tract I. All that part of the North 33 feet a strip of land being a
portion of Norfolk and Western Railway Company's abandoned right of way
(formerly the Lake Erie and Western Railroad Company) commencing at point
on the West Section line of Section 9, Township 23 North, Range 10 East of
the 3rd P.M., thence easterly along said right of way for a distance of 630
feet all in the Southwest Quarter of Section 9, Township 23 North, Range 10
East of the 3rd Principal Meridian, all in Ford County, Illinois, being a
part of the real estate conveyed by Norfolk and Western Railway Company to
Nickel Plate Trust No. 440, by Quitclaim Deed dated July 12, 1995, and
recorded in the land records of Ford County, Illinois on July 20, 1995, as
Document No. 200491.
Tract II. All that part of the South 50 feet a strip of land being a
portion of Norfolk and Western Railway Company's abandoned right of way
(formerly the Lake Erie and Western Railroad Company) commencing at point
on the West Section line of Section 9, Township 23 North, Range 10 East of
the 3rd P.M., thence easterly along said right of way for a distance of 255
feet all in the Southwest Quarter of Section 9, Township 23 North, Range 10
East of the 3rd Principal Meridian, all in Ford County, Illinois, being a
part of the real estate conveyed by Norfolk and Western Railway Company to
Nickel Plate Trust No. 440, by Quitclaim Deed dated July 12, 1995, and
recorded in the land records of Ford County, Illinois on July 20, 1995, as
Document No. 200491.
Tenth. The following described real estate situated in Jackson County,
Illinois:
Item 1. Lot 228 in John Doughtery's Second Addition to the City of
Carbondale, Illinois, as shown by the recorded Plat thereon in Book "I" of
Deeds at Page 732 in the Recorder's Office of Jackson County, Illinois; and
that part of Lot 238 in said John Dougherty's Second Addition to the City
of Carbondale and that part of adjoining alley heretofore vacated, both
lying South of the North line and North of the South line of Lot 228 if
said North line and South line were extended West across said vacated alley
and said Lot 238 to points of intersection with the West line of said Lot
238; more particularly described as follows: Beginning at the Northeast
corner of Lot 228 in John Dougherty's Second Addition to the City of
Carbondale, Illinois as aforesaid, thence Westerly along the North line of
said Lot 228 and an extension Westerly thereof, a distance of 166.27 feet
to a point in the West line of Lot 238 in said John Dougherty's Second
Addition; thence Southwesterly with a deflection angle of 8250', along the
West line of said Lot 238, a distance of 49.89 feet to a point; thence
Easterly with a deflection angle of 9710', along an extension Westerly of
the South line of said Lot 228, and along the south line of Lot 228, a
distance of 172.42 feet to the Southeast corner of said Lot 228; thence
Northerly with a deflection angle of 8955', along the East line of said Lot
228, a distance of 49.50 feet to the point of beginning.
Eleventh. The following described real estate situated in Perry County,
Illinois:
Item 1. Part of the Southwest Quarter (SW 1/4) of Section 17, in Township 6
South, Range 1 West of the Third Principal Meridian, Perry County,
Illinois, more particularly described as follows, to-wit: Commencing at
the Southwest Corner of the Southwest Quarter (SW 1/4) of said Section 17,
thence East along the South line of said Southwest Quarter (SW 1/4), a
distance of 1179.06 feet to a point in the Easterly right of way line of
the Illinois Central Gulf Railroad, thence deflecting left 9200' Northerly
along said right of way line a distance of 125.02 feet to the point of
beginning; from said point of beginning thence continuing the last
described course along said right of way line a distance of 242.90 feet;
thence deflecting right 9200' Easterly a distance of 264.85 feet; thence
deflecting right 8800' Southerly a distance of 367.92 feet to the said
South line of Section 17; thence deflecting right 9200' Westerly along said
south line a distance of 164.85 feet; thence deflecting right 8800'
Northerly a distance of 125.02 feet; thence deflecting left 8800' Westerly
a distance of 100 feet to the point of beginning.
Item 2. A part of the Southeast Quarter of the Southwest Quarter of
Section 17, Township 6 South Range 1 West of the Third Principal Meridian
in Perry County, Illinois, more particularly described as follows:
Commencing at the Southwest corner of said Quarter Quarter Section; thence
North on an azimuth of 359 degreees 57'30" a distance of 25 feet; thence East
on an azimuth 90 degrees 15'56" a distance of 100 feet to the point of
beginning of the land herein described; thence North on an azimuth of 358
degrees 14'19" a distance of 342.90 feet; thence West on an azimuth
of 270 degrees 15'56" a distance of 264.85 feet to the East Right
of way line of the Illinois Central Railroad; thence North along
said Right of way line on an azimuth of 358 degrees 14'19" a
distance of 308.00 feet; thence East on an azimuth of 90 degrees 21'38" a
distance of 414.85 feet; thence South on an azimuth of 179 degrees 57'30"
a distance of 207.81 feet; thence Southwesterly on an azimuth
of 258 degrees 15'00" a distance of 123.03 feet; thence Southeast
on an azimuth of 168 degrees 15'00" a distance of 230.00 feet;
thence Northeast on an azimuth of 78 degrees 15'00" a distance of
55.67 feet; thence Southeast on an azimuth of 168 degrees 15'00" a distance of
166.67 feet; thence South on an azimuth of 179 degrees 57'30" a distance of
40.00 feet; thence West on an azimuth of 270 degrees 15'56" a distance of
145.00 feet to the point of beginning of the land herein described,
containing 3.442 acres more or less.
Twelfth. The following described real estate situated in Pulaski County,
Illinois:
Item 1. All the following described right of way of the abandoned main
track of Norfolk Southern Railway Company that lies between Railroad
Valuation station 12647+04.4 and 12746+88, having a variable right of way
width, lying within Section 6, Township 15 South, Range 2 East, and Section
1 and Section 12, Township 15 South, Range 1 East, all of the Third
Principal Meridian, Pulaski County Illinois, and being more particularly
described as follows:
Commencing at an iron pin (set) at the Northeast Corner of said Section 6,
Township 15 South, Range 2 East, of the Third Principal Meridian; thence
South 8944'05" West (assumed bearing), along the North line of the
Northeast Quarter (NE 1/4) of said Section 6, a distance of 2243.21 feet to a
brass rod with cap (set) on the Easterly right of way line of Norfolk
Southern Railway Company; thence, South 3331'21" West along said Easterly
right of way line, 277.59 feet to a brass rod with cap (set), at Railroad
Valuation Station 12647+04.4, and being the POINT OF BEGINNING; thence,
South 3331'21" West along said Easterly right of way line, 3371.77 feet to
a brass rod with cap (set) at the beginning of a curve, concave
Northwesterly, having a radius of 5713.57 feet and a central angle of
1457'23"; thence, Southwestwardly along said Easterly right of way line,
along the arc of said curve to the right and arc distance of 1491.47 feet,
said arc being subtended by a chord which bears South 4100'03" West,
1487.24 feet to a brass rod with cap (set) at the curve's end; thence,
South 4828'45" West along said Easterly right of way line, 1436.14 feet to
a brass rod with cap (set); thence, North 0216'06" East, along said
Easterly right of way line, 34.63 feet to a brass rod with cap (set);
thence, South 4828'45" West, along said Easterly right of way line, 523.49
feet to a brass rod with cap (set); thence, South 8631'15" East along said
Easterly right of way line, 70.71 feet to a brass rod with cap (set);
thence, South 4828'45" West, along said Easterly right of way line,
3215.92 feet to a brass rod with cap (set) at Railroad Valuation Station
12746+88 (measured Stationing 12746+49.65); thence, North 4131'15" West,
200.00 feet to a brass rod with cap (set); thence, North 4828'45" East,
along the Westerly right of way line of Norfolk Southern Railway Company,
1120.87 feet to a brass rod with cap (set); thence, North 5203'47" East
along said Westerly right of way line, 399.91 feet to a brass rod with cap
(set) on the Easterly right of way line of S.B. Route 147 (Illinois Route
37); thence, continuing North 5203'47" East along the Easterly right of
way line of S.B. Route 147 (Illinois Route 37), being common to the
Westerly right of way line of Norfolk Southern Railway company, 400.00 feet
to a brass rod with cap (set); thence, North 4828'45" East along said
Easterly right of way line of S.B. Route 147 (Illinois Route 37), being
common to the Westerly right of way line of Norfolk Southern Railway
company, 3182.37 feet to a brass rod with cap (set), at a point of
intersection with a non-tangent curve, concave Northwesterly, having a
radius of 5588.57 feet and a central angle of 1457 "23"; thence,
Northeasterly along said Easterly right of way line of S.B. Route 147
(Illinois Route 37), being common to the Westerly right of way line of
Norfolk Southern Railway Company, along the arc of said curve to the left,
a distance of 1458.84 feet, said arc subtended by a chord which bears North
4100'03" East, an arc distance of 1454.70 feet to a brass rod with cap
(set) at the curve's end; thence, North 3331'21" East along said Easterly
right of way line of S.B. Route 147 (Illinois Route 37), being common to
the Westerly right of way line of Norfolk Southern Railway Company, 3371.77
feet to a brass rod with cap (set); thence, South 5628'39" East, 125.00
feet, to the POINT OF BEGINNING, and containing 31.85 acres of land, more
or less.
Thirteenth. The following described real estate situated in Sangamon
County, Illinois:
Item 1. The Northwest Quarter, except the East 241 feet thereof, of
Section Twelve (12) lying North of the South line of a tract dedicated as
State Bond Issue Route No. 104 and subject to dedication of such Highway
Route, in Township Thirteen (13) North, Range Five (5) West of the Third
Principal Meridian, situated in the Township of Pawnee, County of Sangamon
and State of Illinois.
Fourteenth. The following described real estate situated in Richland
County, Illinois:
Item 1. The former right of way of the Cincinnati, Hamilton & Dayton
Railroad Company (C.H. & D. RR) and the Sidell and Olney Railroad Company,
the said Sidell and Olney Railroad company being from time to time also
known as the Danville, Olney and Ohio River Railroad Company and the
Chicago and Ohio River Railroad Company, as the same extend North and South
through the Southeast Quarter (SE 1/4) of the Southwest quarter (SW 1/4) of
Section Twenty-seven (Sec. 27), Township Four North (T.4.N.), Range Ten
East (R.10.E.) of the Third Principal Meridian (3rd P.M.), Richland County,
Illinois, the said right of way lies West of and contiguous to the West
right of way line of Garden Spot & Northern Corporation (formerly the
Illinois Central Railroad).
Fifteenth. The following described real estate situated in Vermilion
County, Illinois:
Item 1. A tract of land located and lying in the Northwest Quarter of
Section 11, Township 23 North, Range 12 West of the Second Principal
Meridian in Vermilion County, Illinois, and more particularly described as
follows:
All that part of the North 50 feet of a strip of land being a portion of
Norfolk and Western Railway Company's abandoned right of way (formerly the
Lake Erie and Western Railroad Company) commencing at a point on the West
Section of Section 11, Township 23 North, Range 12 West of the 2nd P.M.,
thence easterly along said right of way for a distance of 454.8 feet to a
point on the west right of way line of F.A. Route 132 (IL Rte 1), all in
the Northwest Quarter of Section 11, Township 23 North, Range 12 West of
the Second Principal Meridian, all in Vermilion County, Illinois, being a
part of the real estate conveyed by Norfolk and Western Railway Company to
Nickel Plate Trust No. 440, by Quitclaim Deed dated December 27, 1995, and
recorded in the land records of Vermilion County, Illinois on, January 3,
1996, as Document No. 96-76.
