TWELFTH SUPPLEMENTAL
INDENTURE
KANSAS CITY POWER & LIGHT
COMPANY
UMB BANK, N.A.
(FORMERLY UNITED MISSOURI BANK OF KANSAS CITY, N.A.)
DATED AS OF MARCH 1, 2009
CREATING A 7.15% MORTGAGE BOND,
SERIES 2009A DUE 2019
SUPPLEMENTAL TO GENERAL MORTGAGE
INDENTURE AND
DEED OF TRUST DATED AS OF DECEMBER 1, 1986
TWELFTH
SUPPLEMENTAL INDENTURE, dated as of March 1, 2009, between
KANSAS CITY POWER & LIGHT COMPANY, a Missouri corporation
(“Company”), and UMB BANK, N.A. (formerly United
Missouri Bank of Kansas City, N.A.), as Trustee
(“Trustee”) under the Indenture hereinafter
mentioned.
WHEREAS,
all capitalized terms used in this Supplemental Indenture have the
respective meanings set forth in the Indenture;
WHEREAS,
the Company has heretofore executed and delivered to the Trustee, a
General Mortgage Indenture and Deed of Trust
(“Indenture”), dated as of December 1, 1986, to
secure Mortgage Bonds issued by the Company pursuant to the
Indenture, unlimited in aggregate principal amount except as
therein otherwise provided;
WHEREAS,
the Company has heretofore executed and delivered to the Trustee, a
First Supplemental Indenture, dated as of December 1, 1986,
creating a first series of Mortgage Bonds;
WHEREAS,
the Company has heretofore executed and delivered to the Trustee, a
Second Supplemental Indenture, dated as of April 1, 1988,
creating a second series of Mortgage Bonds;
WHEREAS,
the Company has heretofore executed and delivered to the Trustee, a
Third Supplemental Indenture; dated as of April 1, 1991,
creating a third series of Mortgage Bonds;
WHEREAS,
the Company has heretofore executed and delivered to the Trustee, a
Fourth Supplemental Indenture, dated as of February 15, 1992,
creating a fourth series of Mortgage Bonds;
WHEREAS,
the Company has heretofore executed and delivered to the Trustee, a
Fifth Supplemental Indenture, dated as of September 1, 1992,
creating a fifth series of Mortgage Bonds;
WHEREAS,
the Company has heretofore executed and delivered to the Trustee, a
Sixth Supplemental Indenture, dated as of November 1, 1992,
creating a sixth series of Mortgage Bonds;
WHEREAS,
the Company has heretofore executed and delivered to the Trustee, a
Seventh Supplemental Indenture, dated as of October 1, 1993,
creating a seventh series of Mortgage Bonds;
WHEREAS,
the Company has heretofore executed and delivered to the Trustee,
an Eighth Supplemental Indenture, dated as of December 1,
1993, creating an eighth series of Mortgage Bonds;
WHEREAS,
the Company has heretofore executed and delivered to the Trustee, a
Ninth Supplemental Indenture, dated as of February 1, 1994,
creating a ninth series of Mortgage Bonds;
WHEREAS,
the Company has heretofore executed and delivered to the Trustee, a
Tenth Supplemental Indenture, dated as of November 1, 1994,
creating a tenth series of Mortgage Bonds;
WHEREAS,
the Company has heretofore executed and delivered to the Trustee,
an Eleventh Supplemental Indenture, dated as of August 15,
2005, creating an eleventh series of Mortgage Bonds;
WHEREAS,
the Company desires in and by this Supplemental Indenture to create
a twelfth series of Mortgage Bonds to be issued under the
Indenture, to designate such series, to set forth the maturity date
or dates, interest rate or rates and the form and other terms of
such Mortgage Bonds;
WHEREAS,
Section 15.01(c) of the Indenture provides that the Company
and the Trustee may enter into an indenture supplemental to the
Indenture to establish the form and other terms of such Mortgage
Bonds consistent with the provisions of the Indenture;
and
WHEREAS,
all acts and things necessary to make this Supplemental Indenture,
when duly executed and delivered, a valid, binding and legal
instrument in accordance with its terms and for the purposes herein
expressed, have been done and performed; and the execution and
delivery of this Supplemental Indenture have been in all respects
duly authorized;
NOW,
THEREFORE, in consideration of the premises and in further
consideration of the sum of One Dollar in lawful money of the
United States of America paid to the Company by the Trustee at or
before the execution and delivery of this Supplemental Indenture,
the receipt whereof is hereby acknowledged, and of other good and
valuable consideration, it is agreed by and between the Company and
the Trustee as follows:
DESCRIPTION OF CERTAIN PROPERTY
SUBJECT TO THE LIEN OF THE
INDENTURE
The
Company hereby confirms unto the Trustee, and records the
description of the property described in Schedule A hereto and
expressly made a part hereof, which property is subject to the lien
of the Indenture, and the Mortgaged Property shall include, but not
be limited to, the property described in Schedule A
hereto.
7.15% MORTGAGE BONDS, SERIES
2009A DUE 2019
SECTION
1. (a) There is hereby created a twelfth series of Mortgage
Bonds to be issued under and secured by the Indenture, to be
designated as “7.15% Mortgage Bonds, Series 2009A due
2019” of the Company (“Bonds of the Twelfth
Series”).
(b) The
Bonds of the Twelfth Series may be issued without limitation as to
aggregate principal amount except as provided in the Indenture and
this Supplemental Indenture. The Bonds of the Twelfth Series shall
be initially issued in the aggregate principal amount of
$400,000,000; provided that the Company may, without the consent of
the Bondholders of the
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Outstanding
Bonds of the Twelfth Series, issue additional Bonds of the Twelfth
Series, without limitation as to aggregate principal amount except
as provided in the Indenture and this Supplemental Indenture,
having the same ranking, interest rate, maturity and other terms of
the Bonds of the Twelfth Series. Such additional Bonds shall be
part of the same series as the Bonds of the Twelfth Series and
fungible with the initially issued Bonds of the Twelfth Series for
U.S. federal tax purposes.
(c) The
Bonds of the Twelfth Series shall be registered Bonds without
coupons and shall be dated as described in Section 2.03 of the
Indenture except that the Bonds of the Twelfth Series initially
issued shall be dated March 24, 2009. All Bonds of the Twelfth
Series shall mature on April 1, 2019, subject to prior
redemption pursuant to Section 2 of this Article I. All
Bonds of the Twelfth Series shall be issued initially in the form
of one or more global bonds to or on behalf of The Depository Trust
Company (“DTC”), as depositary therefore, and
registered in the name of such depositary or its
nominee.
(d) The
principal and interest on the Bonds of the Twelfth Series shall be
payable in lawful money of the United States of America. The place
where such principal shall be payable shall be at the principal
office of the Trustee in Kansas City, Missouri (or at the principal
office of any successor in trust). The place where interest shall
be payable shall be the principal office of the Trustee in Kansas
City, Missouri (or at the principal office of any successor in
trust), or by check mailed to the registered holders of Bonds of
the Twelfth Series. Notwithstanding the foregoing, with respect to
Bonds of the Twelfth Series in the form of one or more global bonds
registered in the name of DTC or its nominee, the Company may make
payments of principal of, redemption price of, and interest on such
global bond pursuant to and in accordance with such arrangements as
are agreed upon by the Company and the depositary for the Bonds of
the Twelfth Series.
(e) The
rate of interest on the Bonds of the Twelfth Series shall be 7.15%
per annum, payable semi-annually on April 1 and October 1 each
year, commencing October 1, 2009. The first interest period
for the Bonds of the Twelfth Series shall begin on March 24,
2009. Interest will accrue on the unpaid portion of the principal
of the Bonds of the Twelfth Series from the last date to which
interest was paid, or if no interest has been paid from the date of
the original issuance of the Bonds of the Twelfth Series until the
entire principal amount of the Bonds of the Twelfth Series is
paid.
(f) The
Company shall have no obligation to redeem or purchase any Bonds of
the Twelfth Series pursuant to any sinking fund or analogous
requirement or upon the happening of a specified event or at the
option of a holder of any Bonds of the Twelfth Series.
(g) The
Bonds of the Twelfth Series shall be subject to redemption as set
forth in Section 2 of this Article I.
(h) So
long as there is no existing default in the payment on the Bonds of
the Twelfth Series, the person in whose name any Bond of the
Twelfth Series is registered at the close of business on any record
date with respect to any interest payment date shall be entitled to
receive the interest payable on such interest payment date,
notwithstanding any transfer or exchange of such Bond of the
Twelfth Series subsequent to the record date and on or prior
to
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such interest
payment date, except as and to the extent the Company shall default
in the payment of the interest due on such interest payment date,
in which case defaulted interest shall be paid to the person in
whose name such Bond of the Twelfth Series is registered on the
date of payment of such defaulted interest.
As
used in this Section 1, the term “default in the payment
of interest” means failure to pay interest due on the
applicable interest payment date disregarding any period of grace
permitted by Section 12.02 of the Indenture, and the term
“record date” with respect to each April 1 interest
payment date means the March 15 immediately preceding such
April 1, and with respect to each October 1 interest payment
date means the September 15 immediately preceding such October
1.
SECTION
2. The Bonds of the Twelfth Series shall be redeemable prior to
maturity, in whole at any time or in part from time to time, at the
option of the Company, at the redemption prices hereinafter stated,
on notice given in the manner and with the effect provided in this
Section 2 and in Article IX of the Indenture.
The redemption
prices of Bonds of the Twelfth Series redeemed at the option of the
Company shall be equal to the greater of: (i) 100% of the
principal amount of the Bonds of the Twelfth Series to be redeemed;
and (ii) the sum of the present values of the remaining
scheduled payments of principal and interest on the Bonds of the
Twelfth Series to be redeemed (not including any portion of such
payments of interest accrued as of the date of redemption),
discounted to the date of redemption on a semi-annual basis
(assuming a 360-day year consisting of twelve 30-day months) at the
Treasury Rate, plus 50 basis points, plus, in each case, accrued
interest thereon to the date of redemption.
Notwithstanding
the foregoing, so long as there is no existing default in the
payment on the Bonds of the Twelfth Series, installments of
interest on Bonds of the Twelfth Series that are due and payable on
interest payment dates falling on or prior to a redemption date
will be payable on the interest payment date to the registered
holders as of the close of business on the relevant record date
according to the Bonds of the Twelfth Series and the Indenture,
except as and to the extent the Company shall default in the
payment of the interest due on such interest payment date, in which
case defaulted interest shall be paid to the person in whose name
such Bond of the Twelfth Series is registered on the date of
payment of such defaulted interest.
For purposes of
this Section 2:
“Comparable Treasury Issue” means
the United States Treasury security selected by the Quotation Agent
as having an actual or interpolated maturity comparable to the
remaining term of the Bonds of the Twelfth Series to be redeemed
that would be utilized, at the time of selection and in accordance
with customary financial practice, in pricing new issues of
corporate debt securities of comparable maturity to the remaining
term of such Bonds of the Twelfth Series.
“Comparable Treasury Price” means,
with respect to any redemption date: (i) the average of the
four Reference Treasury Dealer Quotations for such redemption date,
after excluding the highest and lowest such Reference Treasury
Dealer Quotations, or (ii) if the Quotation Agent obtains
fewer than four such Reference Treasury Dealer Quotations, the
average of all such quotations, or (iii) if only one Reference
Treasury Dealer Quotation is received, such quotation.
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“Quotation Agent” means the
Reference Treasury Dealer appointed by the Company.
“Reference Treasury Dealer” means
(i) each of Banc of America Securities LLC, BNP Paribas
Securities Corp. and J.P. Morgan Securities Inc., or their
affiliates, and their respective successors, unless any of them
ceases to be a primary U.S. Government securities dealer in the
United States of America (“Primary Treasury Dealer”),
in which case the Company will substitute therefor another Primary
Treasury Dealer, and (ii) one other Primary Treasury Dealer
that the Company selects.
“Reference Treasury Dealer
Quotations” means, with respect to each Reference Treasury
Dealer and any redemption date, the average, as determined by the
Quotation Agent, of the bid and asked prices for the Comparable
Treasury Issue (expressed in each case as a percentage of its
principal amount) quoted in writing to the Quotation Agent by such
Reference Treasury Dealer at 5:00 p.m., New York City time, on the
third Business Day preceding such redemption date.
“Treasury
Rate” means, with respect to any redemption date, the rate
per annum equal to the semi-annual equivalent yield to maturity of
the Comparable Treasury Issue, assuming a price for the Comparable
Treasury Issue (expressed as a percentage of its principal amount)
equal to the Comparable Treasury Price for such redemption
date.
Except as
hereinafter provided, notice of redemption of Bonds of the Twelfth
Series shall be mailed by or on behalf of the Company, postage
prepaid, at least thirty and not more than forty days prior to such
date of redemption, to the registered owners of all Bonds of the
Twelfth Series to be so redeemed, at their respective addresses
appearing upon the registry books. Any notice which is mailed as
herein provided shall be conclusively presumed to have been
properly and sufficiently given on the date of such mailing,
whether or not the holder receives the notice. In any case, failure
to give due notice by mail, or any defect in the notice, to the
registered owners of any Bonds of the Twelfth Series designated for
redemption as a whole or in part, shall not affect the validity of
the proceedings for the redemption of any other Bond.
SECTION
3. Bonds of the Twelfth Series may be issued in denominations of
$1,000 numbered consecutively from “R1” upward and in
such multiples of $1,000 as the Company may authorize,
appropriately numbered, the execution and delivery thereof to be
conclusive evidence of such authorization.
The form of the
Bonds of the Twelfth Series shall be substantially as follows (any
of the provisions of such Bond may be set forth on the reverse side
thereof):
(FORM OF BOND OF THE TWELFTH
SERIES)
[For so long as
this global bond is deposited with or on behalf of the Depository
Trust Company, it shall bear the following legend.] This security
is a global security within the meaning of the Indenture
hereinafter referred to and is registered in the name of a
depositary or a nominee thereof. This security may not be exchanged
in whole or in part for a security registered, and no transfer of
this security in whole or in part may be registered, in the name of
any person other than such depositary or a nominee thereof, except
in the limited circumstances described in the indenture or any
supplement thereto.
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Unless this
certificate is presented by an authorized representative of the
Depository Trust Company, a New York corporation
(“DTC”), to Kansas City Power & Light 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.
KANSAS CITY POWER & LIGHT
COMPANY
7.15% MORTGAGE BONDS, SERIES 2009A
DUE 2019
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Interest Rate:
7.15% per annum
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Principal Sum $
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Maturity Date:
April 1, 2019
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CUSIP No. 485134 BL3
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Registered
Holder:
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Kansas
City Power & Light Company, a Missouri corporation
(“Company”), for value received, hereby promises to pay
to
or registered assigns, on April 1, 2019, at the principal
office of the Trustee hereinafter named, in Kansas City, Missouri
(or at the principal office of any successor in trust), the sum of
$
, and to pay interest thereon from the date hereof at the rate of
7.15% per annum, payable semi-annually as provided in the indenture
hereinafter mentioned, on the first day of April and on the first
day of October in each year, commencing October 1, 2009, until
the Company’s obligation with respect to the payment of such
principal sum shall be discharged as provided in the indenture
hereinafter mentioned; provided that, so long as there is no
existing default in the payment of interest and except for the
payment of defaulted interest, the interest payable on any April 1
will be paid to the person in whose name this Bonds was registered
at the close of business on the preceding March 15, or on any
October 1 will be paid to the person in whose name this Bond was
registered at the close of business on the preceding
September 15. The principal of and any premium or interest on
this Bond of the Twelfth Series are payable in lawful money of the
United States of America.
This
Bond of the Twelfth Series is one, of the series hereinafter
specified, of the bonds of the Company (“Bonds”) known
as its “Mortgage Bonds,” issued and to be issued in one
or more series under and secured by a General Mortgage Indenture
and Deed of Trust dated as of December 1, 1986
(“Indenture”), duly executed by the Company to UMB
Bank, N.A., (formerly United Missouri Bank of Kansas City, N.A.),
Trustee (“Trustee”), to which Indenture and all
indentures supplemental thereto reference is hereby made for a
description of the property mortgaged and pledged, the nature and
extent of the security, the terms and conditions upon which the
Bonds are, and are to be, issued and secured, and the rights of the
owners of the Bonds and of the Trustee in respect of such security,
and the prior liens to which the security for the Bonds is junior;
capitalized terms used in this Bond of the Twelfth Series have the
respective meanings set forth in the Indenture. As provided in the
Indenture, the Bonds may be various principal sums, are issuable in
series, may mature at different times, may bear interest at
different rates and may otherwise vary as therein provided; and
this Bond of the Twelfth Series is one of a series entitled
“7.15% Mortgage Bonds, Series 2009A due 2019,”
created by a Twelfth Supplemental Indenture dated as of
March 1, 2009, as provided for in the Indenture. With
the
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consent of the
holders of more than 50% in aggregate principal amount of the
Outstanding Bonds, the Company and the Trustee may from time to
time and at any time, enter into a Supplemental Indenture for the
purpose of adding any provisions to or changing in any manner or
eliminating any provision of the Indenture or of any Supplemental
Indenture or of modifying in any manner the rights of the holders
of the Bonds and any coupons; provided , however ,
that (i) no such Supplemental Indenture shall, without the
consent of the holder of each Outstanding Bond affected thereby
(A) extend the fixed maturity of any Bonds, change any terms
of any sinking fund or analogous fund or conversion rights with
respect to any Bonds, or reduce the rate or rates or extend the
time of payment of interest thereon, or reduce the principal amount
thereof, or, subject to certain exceptions, limit the right of a
holder of Bonds to institute suit for the enforcement of payment of
principal of or any premium or interest on such Bonds in accordance
with the terms of said Bonds, or (B) reduce the aforesaid
percentage of Bonds, the holders of which are required to consent
to any such Supplemental Indenture, or (C) permit the creation
by the Company of any Prior Lien, and (ii) no such action
which would affect the rights of holders of Bonds of only one
series may be taken unless approved by the holders of more than 60%
in aggregate principal amount of the Outstanding Bonds of such
series affected, but if any such action would affect the Bonds of
two or more series, the approval of such action on behalf of the
holders of Bonds of such two or more series may be effected by
holders of more than 60% in aggregate principal amount of the
Outstanding Bonds of such two or more series, which need not
include 60% in principal amount of Outstanding Bonds of each of
such series; provided , however , that, in no event
shall such action be effective unless approved by holders of more
than 50% in aggregate principal amount of all the then Outstanding
Bonds of all such series.
The
Bonds of the Twelfth Series shall be redeemable, prior to maturity,
in whole at any time or in part from time to time, at the option of
the Company, at a redemption price equal to the greater of:
(i) 100% of the principal amount of the Bonds of the Twelfth
Series to be redeemed; and (ii) the sum of the present values
of the remaining scheduled payments of principal and interest on
the Bonds of the Twelfth Series to be redeemed (not including any
portion of such payments of interest accrued as of the date of
redemption), discounted to the date of redemption on a semi-annual
basis (assuming a 360-day year consisting of twelve 30-day months)
at the Treasury Rate, plus 50 basis points, plus, in each case,
accrued interest thereon to the date of redemption.
Notwithstanding
the foregoing, so long as there is no existing default in the
payment on the Bonds of the Twelfth Series, installments of
interest on Bonds of the Twelfth Series that are due and payable on
interest payment dates falling on or prior to a redemption date
will be payable on the interest payment date to the registered
holders as of the close of business on the relevant record date
according to the Bonds of the Twelfth Series and the Indenture,
except as and to the extent the Company shall default in the
payment of the interest due on such interest payment date, in which
case defaulted interest shall be paid to the person in whose name
such Bond of the Twelfth Series is registered on the date of
payment of such defaulted interest.
For
purposes of determining the redemption price:
“Comparable
Treasury Issue” means the United States Treasury security
selected by the Quotation Agent as having an actual or interpolated
maturity comparable to the remaining term of the Bonds of the
Twelfth Series to be redeemed that would be utilized, at the time
of selection
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and in
accordance with customary financial practice, in pricing new issues
of corporate debt securities of comparable maturity to the
remaining term of such Bonds of the Twelfth Series.
“Comparable Treasury Price” means,
with respect to any redemption date: (i) the average of the
four Reference Treasury Dealer Quotations for such redemption date,
after excluding the highest and lowest such Reference Treasury
Dealer Quotations, or (ii) if the Quotation Agent obtains
fewer than four such Reference Treasury Dealer Quotations, the
average of all such quotations, or (iii) if only one Reference
Treasury Dealer Quotation is received, such quotation.
“Quotation Agent” means the
Reference Treasury Dealer appointed by the Company.
“Reference Treasury Dealer” means
(i) each of Banc of America Securities LLC, BNP Paribas
Securities Corp. and J.P. Morgan Securities Inc., or their
affiliates, and their respective successors, unless any of them
ceases to be a primary U.S. Government securities dealer in the
United States of America (“Primary Treasury Dealer”),
in which case the Company will substitute therefor another Primary
Treasury Dealer, and (ii) one other Primary Treasury Dealer
that the Company selects.
“Reference Treasury Dealer
Quotations” means, with respect to each Reference Treasury
Dealer and any redemption date, the average, as determined by the
Quotation Agent, of the bid and asked prices for the Comparable
Treasury Issue (expressed in each case as a percentage of its
principal amount) quoted in writing to the Quotation Agent by such
Reference Treasury Dealer at 5:00 p.m., New York City time, on the
third Business Day preceding such redemption date.
“Treasury
Rate” means, with respect to any redemption date, the rate
per annum equal to the semi-annual equivalent yield to maturity of
the Comparable Treasury Issue, assuming a price for the Comparable
Treasury Issue (expressed as a percentage of its principal amount)
equal to the Comparable Treasury Price for such redemption
date.
Notice
of any redemption of Bonds of the Twelfth Series shall be mailed by
or on behalf of the Company, postage prepaid, at least thirty and
not more than forty days prior to such date of redemption, to the
registered owners of all Bonds of the Twelfth Series to be so
redeemed, at their respective addresses appearing upon the registry
books, as more fully provided in the Indenture and said Twelfth
Supplemental Indenture. Notice of redemption having been duly
given, the Bonds of the Twelfth Series called for redemption shall
become due any payable upon the redemption date and, if the
redemption price shall have been deposited with the Trustee,
interest thereon shall cease to accrue on and after the redemption
date, and whenever the redemption price thereof shall have been
deposited with the Trustee and notice of redemption shall have been
duly given or provision therefor made, such Bonds of the Twelfth
Series shall no longer be entitled to any lien or benefit of the
Indenture.
In
the event that this Bond of the Twelfth Series shall not be
presented for payment when the principal hereof becomes due, either
at maturity or otherwise, and the Company shall have on deposit
with the Trustee in trust for the purpose, on the date when this
Bond of the Twelfth Series is due, funds sufficient to pay the
principal of this Bond of the Twelfth Series, together with all
interest due hereon to the date of maturity of this Bond of the
Twelfth Series, for the use and benefit of the Registered Owner
hereof, then all liability of the Company to the Registered Holder
of this Bond of the Twelfth Series for the payment of
the
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principal
hereof and any premium or interest hereon shall forthwith cease,
determine and be completely discharged and the right of such
Registered Holder of this Bond of the Twelfth Series for the
payment of the principal hereof and any premium or interest hereon
shall forthwith cease, determine and be completely discharged and
such Registered Holder shall no longer be entitled to any lien or
benefit of the Indenture.
In
case an event of Default shall occur, the principal of this Bond of
the Twelfth Series may become or be declared due and payable in the
manner, with the effect and subject to the conditions provided in
the Indenture.
This
Bond of the Twelfth Series is transferable by the Registered Holder
hereof in person or by an attorney duly authorized in writing, at
the principal office of the Trustee in Kansas City, Missouri (or at
the principal office of any successor in trust), upon surrender and
cancellation of this Bond of the Twelfth Series, and upon any such
transfer a new registered Bond of the Twelfth Series without
coupons of the same series for the same principal amount will be
issued to the transferee in exchange herefor and Bonds of this
series may, at the option of the Registered Holder and upon
surrender at said office of the Trustee (or any successor in
trust), or at said office or agency of the Company, be exchanged
for registered Bonds of this series of the same aggregate principal
amount of other authorized denominations, all without service
charge (except for any stamp tax or other governmental
charge).
The
Company and the Trustee may deem and treat the person in whose name
this Bond of the Twelfth Series is registered as the absolute owner
hereof for the purpose of receiving payment and for all other
purposes, and neither the Company nor the Trustee shall be affected
by any notice to the contrary.
No
recourse shall be had for the payment of the principal of or any
premium or interest on this Bond of the Twelfth Series, or for any
claim based hereon or otherwise in respect hereof or of the
Indenture or any Supplemental Indenture, against any incorporator,
stockholder, director or officer, past, present or future, of the
Company or of any predecessor corporation, as such, either directly
or through the Company or of any such predecessor or successor
corporation, whether by virtue of any constitution, statute or rule
of law, or by the enforcement of any assessment or penalty or
otherwise, all such liability of incorporators, stockholders,
directors and officers being waived and released by every owner
hereof by the acceptance of this Bond of the Twelfth Series and as
part of the consideration for the issue hereof, and being likewise
waived and released by the terms of the Indenture.
This
Bond of the Twelfth Series shall not be valid or become obligatory
for any purpose unless and until the certificate of authentication
hereon shall have been executed by the Trustee or its successor in
trust under said Indenture.
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IN
WITNESS WHEREOF, KANSAS CITY POWER & LIGHT COMPANY has caused
this Bond of the Twelfth Series to be executed in its name by the
manual or facsimile signature of its Chairman of the Board, Chief
Executive Officer, President or a Vice President, and its corporate
seal to be impressed or imprinted hereon and attested by the manual
or facsimile signature of its Secretary or one of its Assistant
Secretaries.
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KANSAS CITY
POWER & LIGHT COMPANY
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By
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Authorized
Signature
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Secretary or
Assistant Secretary
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The
form of Trustee’s certificate to appear on all Bonds of the
Twelfth Series shall be substantially as follows:
(FORM OF TRUSTEE’S
CERTIFICATE)
This
Bond of the Twelfth Series is one of the Bonds of the series
designated therein, described in the within-mentioned Indenture and
Twelfth Supplemental Indenture.
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UMB BANK,
N.A.,
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By
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Authorized
Signature
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SECTION
4. Bonds of the Twelfth Series shall be exchangeable upon surrender
thereof at the principal office of the Trustee in Kansas City,
Missouri (or at the principal office of any successor in trust) for
registered Bonds without coupons of the same aggregate principal
amount but of different authorized denomination or denominations,
such exchanges to be made without service charge (except for any
stamp tax or other governmental charge).
10
SECTION
5. Until Bonds of the Twelfth Series in definitive form are ready
for delivery, the Company may execute, and upon its request in
writing the Trustee shall authenticate and deliver in lieu thereof,
Bonds of the Twelfth Series in temporary form as provided in
Section 2.08 of the Indenture.
SECTION
6. Definitive Bonds of the Twelfth Series may be in the form of
fully engraved Bonds or Bonds printed or lithographed with steel
engraved borders.
ISSUE OF BONDS OF THE TWELFTH
SERIES
SECTION
1. The Bonds of the Twelfth Series may be executed, authenticated
and delivered from time to time as permitted by the provisions of
Article III, IV, V or VI of the Indenture.
SECTION
1. The Trustee shall not be responsible in any manner whatsoever
for or in respect of the validity or sufficiency of this
Supplemental Indenture or the due execution hereof by the Company,
or for or in respect of the recitals and statements contained
herein, all of which recitals and statements are made solely by the
Company.
Except
as herein otherwise provided, no duties, responsibilities or
liabilities are assumed, or shall be construed to be assumed, by
the Trustee by reason of this Supplemental Indenture other than as
set forth in the Indenture; and this Supplemental Indenture is
executed and accepted on behalf of the Trustee, subject to all the
terms and conditions set forth in the Indenture, as fully to all
intents as if the same were herein set forth at length.
SECTION
1. Except insofar as herein otherwise expressly provided, all the
provisions, definitions, terms and conditions of the Indenture, as
amended, shall be deemed to be incorporated in, and made a part of,
this Supplemental Indenture; and the Indenture as supplemented and
amended by this Supplemental Indenture is in all respects ratified
and confirmed; and the Indenture, as amended, and this Supplemental
Indenture shall be read, taken and construed as one and the same
instrument.
SECTION
2. Nothing in this Supplemental Indenture is intended, or shall be
construed to give to any person or corporation, other than the
parties hereto and the holders of Bonds of the Twelfth Series
issued and to be issued under and in respect of this Supplemental
Indenture, or under any covenant, condition or provision herein
contained, all the covenants, conditions and provisions of this
Supplemental Indenture being intended to be, and being, for
the
11
sole and
exclusive benefit of the parties hereto and of the holders of Bonds
of the Twelfth Series issued and to be issued under the Indenture
and secured thereby.
SECTION
3. All covenants, stipulations and agreements in this Supplemental
Indenture contained by or on behalf of the Company shall bind and
(subject to the provisions of the Indenture, as amended) inure to
the benefit of its successors and assigns, whether so expressed or
not.
SECTION
4. The headings of the several Articles of this Supplemental
Indenture are inserted for convenience of reference, and shall not
be deemed to be any part hereof.
SECTION
5. This Supplemental Indenture may be executed in any number of
counterparts, and each of such counterparts shall together
constitute but one and the same instrument.
SECTION
6. In case any provision in this Supplemental Indenture or the
Bonds of the Twelfth Series shall be invalid, illegal or
unenforceable, the validity, legality and enforceability of the
remaining provisions shall not in any way be affected or impaired
thereby.
SECTION
7. If any provision in this Supplemental Indenture limits,
qualifies or conflicts with another provision hereof that is
required to be included herein by any provisions of the Trust
Indenture Act, such required provision shall control.
12
IN
WITNESS WHEREOF, KANSAS CITY POWER & LIGHT COMPANY has caused
this Supplemental Indenture to be executed by its Chairman of the
Board, President or one of its Vice Presidents and its corporate
seal to be hereunto affixed, duly attested by its Secretary or one
of its Assistant Secretaries, and UMB BANK, N.A., as Trustee as
aforesaid, has caused the same to be executed by its President or
one of its Vice Presidents and its corporate seal to be hereunto
affixed, duly attested by one of its Assistant Secretaries, as of
the day and year first above written.
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KANSAS CITY
POWER & LIGHT COMPANY
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By
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/s/ Terry
Bassham
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Terry
Bassham
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Executive Vice
President – Finance and
Strategic Development and Chief Financial
Officer
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/s/ Mark G.
English
Mark G.
English
Assistant Secretary
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UMB BANK,
N.A.
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By
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/s/ Anthony P.
Hawkins
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Anthony P.
Hawkins
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Vice
President
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/s/ Jason E.
McConnell
Secretary or
Assistant Secretary
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13
On
this 16 th
day of March, 2009, before me, a
Notary Public in and for said County in the State aforesaid,
personally appeared Terry Bassham, to me personally known, who,
being by me duly sworn, did say that he is Executive Vice President
– Finance and Strategic Development and Chief Financial
Officer of KANSAS CITY POWER & LIGHT COMPANY, a Missouri
corporation, one of the corporations described in and which
executed the foregoing instrument, that the seal affixed to the
foregoing instrument is the corporate seal of said corporation, and
that said instrument was signed and sealed on behalf of said
corporation by authority of its Board of Directors; and said Terry
Bassham acknowledged said instrument and the execution thereof to
be the free and voluntary act and deed of said
corporation.
IN
WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal in the County and State aforesaid the day and year
first above written.
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/s/ Renee Ray
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Notary
Public
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My commission
expires: 8/30/2010
14
On
this 16 th
day of March, 2009, before me, a
Notary Public in and for said County in the State aforesaid,
personally appeared Anthony P. Hawkins, to me personally known,
who, being by me duly sworn, did say that he is Vice President of
UMB Bank, N.A., a national banking association organized and
existing under the laws of the United States of America, one of the
corporations described in and which executed the foregoing
instrument, that the seal affixed to the foregoing instrument is
the corporate seal of said corporation, and that said instrument
was signed and sealed on behalf of said corporation by authority of
its Board of Directors; and said Anthony P. Hawkins acknowledged
said instrument and the execution thereof to be the free and
voluntary act and deed of said corporation.
IN
WITNESS WHEROF, I have hereunto set my hand and affixed my official
seal in the County and State aforesaid the day and year first above
written.
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/s/ Della Jones
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Notary
Public
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My commission
expires: 2/21/2011
15
All of the
following described real estate of the Company situated in the
State of Kansas:
A. Wolf
Creek Generating Station
An undivided
47 percent interest in and to the following real estate
subject to that certain December 28, 1981, Ownership Agreement
between Kansas City Power & Light Company, Kansas Gas and
Electric Company, and Kansas Electric Power Cooperative, Inc.
recorded at the Office of the Register of Deeds in Coffey County,
Kansas, Book No. W, Pages 465-500, respectively:
Beginning at
the west quarter corner of Section 24, Township 20, Range 15;
thence East to the northeast corner of the west half of the west
half of the southeast quarter of said Section 24; thence South
to the southeast corner of the west half of the northwest quarter
of the northeast quarter of Section 25, Township 20, Range 15;
thence West to the west line of the northeast quarter of said
Section 25; thence South to the south quarter corner of said
Section 25; thence West to a point 797.8 feet east of the
northwest corner of the northwest quarter of Section 36,
Township 20, Range 15; thence South 520 feet; thence Southeasterly
to a point 1020 feet west of the southeast corner of the north half
of the northwest quarter of said Section 36; thence South 200
feet; thence West 621.85 feet; thence South 1198.97 feet; thence
Southeasterly 350.7 feet to a point 180 feet south of the northeast
corner of the west half of the southwest quarter of said
Section 36; thence South to the northeast corner of the
southwest quarter of the southwest quarter of said Section 36;
thence East to the east line of the west half of said
Section 36; thence South to the south quarter corner of said
Section 36; thence East to the southwest corner of the east
half of the southeast quarter of the southeast quarter of said
Section 36; thence North to the northwest corner of the east
half of the southeast quarter of the southeast quarter of said
Section 36; thence East to the northeast corner of the west
half of the southwest quarter of the southwest quarter of
Section 31, Township 20, Range 16; thence South to the
southeast corner of said west half of the southwest quarter of the
southwest quarter; thence East to the northeast corner of
Section 6, Township 21, Range 16; thence South to the
northwest corner of the south half of the north half of
Section 5, Township 21, Range 16; thence East to the northeast
corner of the southwest quarter of the northwest quarter of
Section 4, Township 21, Range 16; thence South to the
southeast corner of the southwest quarter of the southwest quarter
of said Section 4; thence West to the northeast corner of
Section 8, Township 21, Range 16; thence South to the
southeast corner of said Section 8; thence West 1704.96 feet;
thence South to the north line of the south half of the northeast
quarter of Section 17, Township 21, Range 16; thence East to
the northeast corner of the south half of the northwest quarter of
Section 16, Township 21, Range 16; thence South to the south
quarter corner of Section 21, Township 21, Range 16; thence
West to a point 450 feet west of the southeast corner of
Section 20, Township 21, Range 16; thence South to a point 450
feet west of the east quarter corner of Section 29, Township
21, Range 16; thence West to the center of said Section 29;
thence South to the southeast corner of the north half of the
southwest quarter of said Section 29; thence West to the
southwest corner of said north half of the southwest quarter;
thence North to the southeast corner of the north 70 acres of the
southeast quarter of Section 30, Township 21, Range 16; thence
West to the southwest corner of the north 70 acres of said
southeast quarter; thence North to the center of said
Section 30; thence West to the west quarter corner of said
Section 30; thence North to the northwest corner of said
Section 30; thence West to the southwest corner of the east
half of the east half of the southeast quarter of Section 24,
Township 21, Range 15; thence North to the northwest corner of said
east half of the east half of the southeast quarter; thence East to
the southeast corner of the northeast quarter of said
Section 24; thence North to the southeast corner of the
northeast quarter of the southeast quarter Section 13,
Township 21, Range 15; thence West to the southwest corner of said
northeast quarter of the southeast quarter; thence North to the
northwest corner of said northeast quarter of the southeast
quarter; thence West to the center of said Section 13; thence
North to the north quarter corner of said Section 13; thence
West to the southwest corner of the southeast quarter of the
southwest quarter of Section 12, Township 21, Range 15; thence
North to the northwest corner of said southeast quarter of the
southwest quarter; thence West to the southwest corner of the
northwest quarter of the southwest quarter of said Section 12;
thence North to the northwest corner of said Section 12;
thence West to the southwest corner of the east half of the
southeast quarter of Section 2, Township 21, Range 15;
thence
North 1700
feet; thence West 670 feet; thence North to the north line of the
south half of the northeast quarter of said Section 2; thence
West to the northwest corner of the south half of the northeast
quarter of said Section 2; thence North to a point 1050 feet
south of the north line of said Section 2; thence West 600
feet; thence North to a point 720 feet west of the northeast corner
of the southeast quarter of Section 34, Township 20, Range 15;
thence East to the center of Section 35, Township 20, Range
15; thence North to the center of Section 26, Township 20,
Range 15; thence East to the southeast corner of the west half of
the southeast quarter of the northeast quarter of said
Section 26; thence North to the northeast corner of said west
half of the southeast quarter of the northeast quarter; thence East
to the east line of said Section 26; thence North to the west
quarter corner of Section 24, Township 20, Range 15 being the
point of beginning, except Stringtown Cemetery and except a tract
in the northeast quarter of the northeast quarter of
Section 1, Township 21, Range 15 described as beginning at a
point 1060.0 feet south of northeast corner of said northeast
quarter; thence West 446.9 feet; thence South 730.0 feet; thence
East 446.0 feet; thence North 726.2 feet to the point of
beginning.
With respect to
the following properties, which are contained within the above
perimeter description, said properties are held by way of an
easement acquired by way of condemnation and are subject to certain
rights of reversion:
The Southeast
1/4 of the Southwest 1/4 of Section 35, Township 20 South,
Range 15 East, and a tract beginning at the Northwest corner of the
South 1/2 of the Southeast Quarter of Section 35, Township 20
South, Range 15 East; thence South 89 degrees, 53 minutes, 38
seconds. East, 410.00 feet along the North line of the South
one-half of said quarter section; thence South 00 degrees, 38
minutes, 42 seconds. West, 400.00 feet parallel with the West line
of said quarter section; thence South 46 degrees, 16 minutes, 17
seconds. West, 148.58 feet; thence North 89 degrees, 53 minutes, 38
seconds. West, 303.79 feet to a point on the West line of said
quarter section; thence North 00 degrees, 38 minutes, 42 seconds.
East, 502.91 feet to the Point of Beginning.
A tract in
Section 1, Township 21, Range 15 described as commencing at a
point situated in the center of Wolf Creek about 41 rods west of
the southeast corner of said Section 1; thence West on said
section line to another point in the center of said Wolf Creek;
thence down the center of said creek to the place of
beginning.
The east half
of the northwest quarter, the east half of the southwest quarter,
the northwest quarter of the southwest quarter, the west half of
the northeast quarter and the northeast quarter of the northeast
quarter of Section 12, Township 21, Range 15, except that part
of the north half of the northeast quarter of Section 12 lying
north of Wolf Creek.
The north half
of the southwest quarter of the northeast quarter and the southwest
quarter of the southwest quarter of the northeast quarter of
Section 30, Township 21 South, Range 16.
The west half
of the northwest quarter of Section 29 and the southeast
quarter of the northeast quarter and the southeast quarter of the
southwest quarter of the northeast quarter of Section 30, all
in Township 21, Range 16.
The north half
of the southeast quarter and the south half of the southwest
quarter of Section 19, Township 21, Range 16, except a tract
16 rods X 20 rods for a school located in the southeast corner
thereof.
Legal
description of other lands to be held as jointly owned
“Property” for operation of Wolf Creek
Station.
The south half
of the north half and the east half of the southeast quarter and
the east half of the west half of the southeast quarter, all in
Section 24, Township 20, Range 15.
The east half
of the northeast quarter and the east half of the west half of the
northeast quarter and the west half of the southwest quarter of the
northeast quarter, all in Section 25, Township 20, Range
15.
The west half
of the east half of the northeast quarter and the east half of the
northeast quarter of the northeast quarter, all in Section 26,
Township 20, Range 15.
The east half
of the southeast quarter of Section 34, Township 20, Range 15
except the east 720 feet thereof.
2
The northwest
quarter of the northeast quarter, the northeast quarter of the
southwest quarter and the southwest quarter of the southeast
quarter and the northeast quarter of the southeast quarter and the
west half of the southeast quarter of the southeast quarter, all in
Section 36, Township 20, Range 15.
The North Half
of the Northwest Quarter (N 1/2 NW 1/4) of Section Thirty-six
(36), Township Twenty (20), Range Fifteen (15), less the following
tract: Beginning at the Northwest corner of Section
Thirty-six (36), thence at a bearing of S 88 degrees 34’
04” E for a distance of 797.8 feet, thence at a bearing of S
1 degree 31’ 34” W for a distance of 520 feet, thence
at a bearing of S 44 degrees 18’ 24” E for a distance
of 1,142.2 feet to a point on the South line of said North Half of
the Northwest Quarter (N 1/2 NW 1/4) which point is 1,020 feet
westerly of the Southeast corner of said North Half of the
Northwest Quarter (N 1/2 NW 1/4), thence at a bearing of N 88
degrees 40’ 03” W for a distance of 1,620.0 feet to the
Southwest corner of said North Half of the Northwest Quarter (N 1/2
NW 1/4), thence at a bearing of N 1 degree 34’ 00” E
for a distance of 1,320 feet to the beginning.
The west half
of Section 31, Township 20, Range 16 except the west half of
the southwest quarter of the southwest quarter.
The northwest
quarter and the northeast quarter of the southwest quarter and the
northwest quarter of the southeast quarter of Section 13,
Township 21, Range 15.
The north half
of the northwest quarter of Section 5, Township 21, Range
16.
The west half
of the northwest quarter of Section 9, Township 21, Range
16.
The east half
of the northwest quarter of Section 34, Township 21, Range 16,
less a tract beginning at the northwest corner of said east half of
the northwest quarter; thence South to Long Creek; thence up Long
Creek at a low-water mark in a northeasterly direction to the
section line; thence due West to the place of beginning.
2. FORD
COUNTY AND HODGEMAN COUNTY
A. Spearville Wind Energy Facility
That part of
the Northeast Quarter of Section 20, Township 25 South, Range
22 West of the 6th Principal Meridian, Ford County, Kansas,
described as follows:
Commencing at
the Northeast corner of said Section 20; thence on the assumed
bearing basis of South 01 degrees 01’ 30” West, along
the East line of said Northeast Quarter for a distance of 471.00
feet to the point of beginning of the tract to be described; thence
continuing on said bearing South 01 degrees 01’30” West
along said East line, for a distance of 992.79 Feet to the
Northeast corner of a tract originally conveyed in Deed Book 174 at
Pages 195-196 of the Ford County Register of Deeds records; thence
on a bearing of South 89 degrees 36’32” West, along the
north line of said tract for a distance of 490.70 feet; thence on a
bearing of North 01 degrees 01’30” East for a distance
of 983.92 feet; thence on a bearing of North 88 degrees
34’24” East, along a line that is 2 feet South of the
South fence of the Silent Land Cemetery, for a distance of 491.00
feet to the Point of Beginning. Containing 11.13 Acres inclusive of
County Road Right-of-Way, subject to an ingress, egress and utility
easement across the North 50 feet of the above described
tract.
Such rights of
the Company in and to easement upon the following
tracts:
Tract
1:
NTS 05333291
Helen A. Asher, Trustee of the “Asher-Family Living Trust
dated November 9, 2002
3
Tract
2:
NTS 05333293
Joan Brock
Tract
3:
NTS 05333294
Crustbuster, Inc. a/k/a CrustBuster, Inc. a/k/a Crust Buster,
Inc.
Tract
4:
NTS 05333301
Timothy J. Durler
Tract
5:
NTS 05333303
Kermit and Nina Froetschner
Tract
6:
NTS 05333304
Darlene V. Gleason, Lift Estate; Joseph M. Gleason, James J.
Gleason, Patrick T. Gleason,
Philip D. Gleason, Steven G. Gleason, Richard R. Gleason, and Roger
R. Gleason, Darlene Gleason
Tract
7:
NTS 05333312
Cecil and Hazel Herron, Trustees of the Cecil and Hazel Herron
Trust, dated August 19, 2002
Tract
8:
NTS 05333313
Alan and Julie Hines
Tract
9:
NTS 05333316
Marian Holt Living Trust
Tract
10:
NTS 05333325
Anthony J. Mages
Tract
11:
NTS 05333328
Leroy and Bernice T. Mages Revocable Trust —
1
/ 2 interest
Kevin Mages — 1 / 2 interest
Tract
12:
NTS 05333329
Marvin M. McMillan, Saundra Sue Duckworth and Alan D.
McMillan, as tenants in common
Tract
13:
NTS 05333330
Kenneth J. and Diana L. Nau
Tract
14:
NTS 05333351
Leland G. Stein and Annette Stein, as tenants in
common
Tract
15:
NTS 05333361
Louise VanNahmen, as Trustee of the Sylvester and Louise VanNahmen
Trust, under agreement dated January 21, 2003
Tract
16:
NTS 05333362
C. Edward Weilepp Revocable Trust
Tract
17:
NTS 05333381
Michael L. Alexander and Patricia J. Berglund
4
Tract
18:
NTS 05333382
Amy Leigh Asher
Tract
19:
NTS 05333385
George Bruce Deck as Trustee of The Bruce Deck Revocable Living
Trust dated June 1, 1998
Tract
20:
NTS 05333389
Sharyl Lynn Thompson
A. Southland Service Center
The Northeast
Quarter of Section 7, Township 15, Range 25, in Johnson
County, Kansas, EXCEPT: the North 220.5 feet of the East 639 feet
thereof, AND EXCEPT those parts in street.
B. Johnson County Service Center
A tract of land
in the Southwest Quarter of Section 8, Township 13, Range 24
in the City of Lenexa, Johnson County, Kansas, more particularly
described as follows: Commencing at the Northwest corner of the
Southwest Quarter of said Section 8; thence North 87 degrees
59 minutes 26 seconds East, along the North line of said; Southwest
Quarter, a distance of 1420.67 feet; thence South 02 degrees 22
minutes 54 seconds East, a distance of 640.66 feet, to a point on
the South right-of-way line of 108th Street, as now established,
and to the point of beginning; thence Easterly, along said
Southerly right-of-way line, and along a curve to the right, having
a radius of 970.00 feet, a central angle of 14 degrees 26 minutes
32 seconds, and whose initial tangent bearing is North 73 degrees
32 minutes 54 seconds East, a distance of 244.51 feet, to a point
of tangency; thence North 87 degrees 59 minutes 26 seconds East,
continuing along said Southerly right-of-way line, a distance of
683.09 feet; thence South 02 degrees 13 minutes 25 seconds East,
departing said Southerly right-of-way line, a distance of 591.18
feet (measured), 591.06 feet (deed); thence North 85 degrees 47
minutes 55 seconds West, a distance of 36.36 feet; thence North 80
degrees 19 minutes 42 seconds West, a distance of 524.68 feet;
thence South 69 degrees 57 minutes 15 seconds West, a distance of
323.32 feet; thence South 54 degrees 10 minutes 20 seconds West, a
distance of 12.10 feet; thence North 30 degrees 49 minutes 11
seconds West, a distance of 193.50 feet; thence North 06 degrees 09
minutes 30 seconds East, a distance of 65.22 feet; thence Westerly,
along a curve to the right, having a radius of 163.70 feet, a
central angle of 05 degrees 15 minutes 27 seconds, and whose
initial tangent bearing is North 83 degrees 50 minutes 30 seconds
West, a distance of 15.02 feet; thence South 06 degrees 09 minutes
30 seconds West, a distance of 65.53 feet; thence South 59 degrees
10 minutes 49 seconds West, a distance of 184.25 feet; thence North
30 degrees 49 minutes 11 seconds West, a distance of 344.55 feet
(measured), 344.05 feet (deed), to a point on the Southerly
right-of-way line of said 108th Street; thence North 59 degrees 10
minutes 49 seconds East, along said Southerly right-of-way line, a
distance of 171.44 feet, to a point of curvature; thence Easterly,
continuing along said Southerly right-of-way line, and along a
curve to the right, having a radius of 970.00 feet, and a central
angle of 14 degrees 22 minutes 05 seconds, a distance of 243.25
feet, to a point of beginning, except that part in road.
A tract of
land, located in and being a part of the Southwest Quarter of
Section 8, Township 13, Range 24, in the City of Lenexa,
Johnson County, Kansas, more particularly described as follows:
Commencing at the Northwest corner of the Southwest Quarter of said
Section 8; thence North 87 degrees 59 minutes 26 seconds East,
along the North line of said Southeast Quarter, a distance of
1420.67 feet; thence South 02 degrees 22 minutes 54 seconds East, a
distance of 1094.55 feet; thence North 30 degrees 49 minutes 11
seconds West a distance of 117.92 feet to the True Point of
Beginning; thence North 06 degrees 09 minutes 30 seconds East a
distance of 65.22 feet; thence Westerly, along a curve to the left
having a radius of 163.70 feet, a central angle of 05 degrees 15
minutes 27
5
seconds and
whose initial tangent bearing North 83 degrees 50 minutes 30
seconds West a distance of 15.02 feet; thence South 06 degrees 09
minutes 30 seconds West a distance of 65.33 feet; thence North 59
degrees 10 minutes 49 seconds East a distance of 11.75 feet; thence
South 30 degrees 49 minutes 11 seconds East a distance of 9.32 feet
to the point of beginning.
C. West
Gardner Substation and Combustion Turbines
The North Half
of the Southeast Quarter of Section 32, Township 14, Range 22,
Johnson County, Kansas; EXCEPT the North 27 rods (445.5 feet) of
the West 12 rods (198 feet) thereof.
AND EXCEPT
Beginning on the West line of the Southeast Quarter of
Section 32, Township 14, Range 22, at a point 397.50 feet
South of the Northwest corner thereof; thence South along said West
line a distance of 48 feet; thence South 89 degrees 55 minutes 45
seconds East a distance of 218 feet; thence North 0 degrees 36
minutes 41 seconds West a distance of 48 feet; thence North 89
degrees 55 minutes 45 seconds West a distance of 218 feet, to the
point of beginning, except that part of subject property described
as and being apart of the North 27 rods (445.5 feet) of the West 12
rods (198 feet) thereof.
AND EXCEPT
Beginning on the North line of the Southeast Quarter of
Section 32, Township 14, Range 22, Johnson County, Kansas, at
a point 198 feet East of the West line of said Section; thence
South 89 degrees 55 minutes 45 seconds East along said North line a
distance of 24 feet; thence South 00 degrees 36 minutes 41 seconds
East a distance of 397.50 feet; thence North 89 degrees 55 minutes
45 seconds West a distance of 24 feet; thence North 00 degrees 36
minutes 41 seconds West, a distance of 397.50 feet to the point of
beginning.
The part of the
Northwest Quarter of the Southwest Quarter of Section 33,
Township 14 South, Range 22 East, of the 6th P.M., in Johnson
County, Kansas, lying West of the existing fence line and more
particularly described as follows: Commencing at the West Quarter
corner of Section 33, Township 14 South, Range 22 East; thence
South 00 degrees 02 minutes 04 seconds East, along the West line of
the Northwest Quarter of the Southwest Quarter of Section 33,
a distance of 196.00 feet to the point of beginning; thence
following the existing fence line, the following 14 courses; thence
South 21 degrees 51 minutes 03 seconds East, 21.55 feet; thence
South 85 degrees 47 minutes 21 seconds East 29.69 feet; thence
South 15 degrees 17 minutes 19 seconds East 91.21 feet; thence
South 06 degrees 50 minutes 34 seconds East 67.48 feet; thence
South 00 degrees 46 minutes 13 seconds West 71.41 feet; thence
South 03 degrees 34 minutes 03 minutes East 48.69 feet; thence
South 02 degrees 48 minutes 19 seconds West 20.02 feet; thence
South 06 degrees 33 minutes 37 seconds West 26.17 feet; thence
South 15 degrees 54 minutes 27 seconds West 14.55 feet; thence
South 09 degrees 33 minutes 34 seconds West 213.65 feet; thence
South 00 degrees 30 minutes 16 seconds East 244.21 feet; thence
South 00 degrees 23 minutes 41 seconds West 133.50 feet; thence
South 00 degrees 45 minutes 37 seconds West 159.01 feet; thence
South 14 degrees 08 minutes 19 seconds West 28.61 feet, to the
South line of the Northwest Quarter of the Southwest Quarter of
Section 33; thence North 89 degrees 20 minutes 57 seconds
West, along that South line, a distance of 19.79 feet to the
Southwest corner of the Northwest Quarter of the Southwest Quarter
of Section 33; thence North 00 degrees 02 minutes 04 seconds West,
along the West line of the Northwest Quarter of the Southwest
Quarter of Section 33, a distance of 1132.06 feet to the point
of beginning.
4. LINN
COUNTY AND MIAMI COUNTY
All of Block
Forty-Two (42) in the City of Paola, Miami County, Kansas,
including vacated alley.
Lots One (1),
Two (2), Three (3), Four (4) and Five (5), in Block Forty-One
(41) in the City of Paola, Miami County, Kansas, as shown on
the recorded plat thereof.
6
Lots Six (6),
Seven (7), Eight (8), Nine (9) and Ten (10), in Block
Forty-One (41) in the City of Paola, Miami County, Kansas; and
Also commencing at the Southeast corner of Block 41, in the City of
Paola, Miami County, Kansas, thence in a Southwesterly direction
along the West line of Silver Street 39 feet, thence West 275 feet,
thence in a Northeasterly direction 39 feet to the Southwest corner
of Block 41, thence East along the South line thereof to the place
of beginning, all in the City of Paola, Miami County,
Kansas.
B. La
Cygne Generating Station
An undivided
one-half interest in and to the following described real estate
subject to that certain April 19, 1971, Ownership Agreement
between Kansas City Power & Light Company and Kansas Gas and
Electric Company recorded at the Offices of the Registers of Deeds
in Linn and Miami . Counties at Book No. MS-20, Page 187 and
Book 233, Page 77, respectively: Beginning at the northwest corner
of fractional Section 2, Township 20, Range 25, Linn County,
Kansas, thence North 87° 42’ 44” East a distance of
984 feet, thence South 2° 17’ 16” East a distance
of 48 feet, thence South 69° 52’ 44” West, thence
South 49° 05’ 14” West to a point in the east line
of Section 3, Township 20, Range 25, which point is 455 feet
south of the northeast corner of said Section 3 (and 455 feet
south of the northwest corner of said fractional Section 2),
measured along the east line of said Section 3, thence
Southerly along the east line of said Section 3 to the
southeast corner of the northeast quarter of said Section 3,
thence Westerly along the south line of the northeast quarter of
said Section 3 to the northeast corner of the southwest
quarter of said Section 3, thence Southerly along the east
line of the southwest quarter of said Section 3 to a point
which is 2 rods north, measured along said east line of the
southwest quarter of said Section 3, of the south line of the
northeast quarter of the southwest quarter of said Section 3,
thence Westerly parallel with the south line of said northeast
quarter of the southwest quarter of Section 3, a distance of
22 rods, thence Southerly parallel with the east line of the
northeast quarter of the southwest quarter of said Section 3,
a distance of 2 rods, thence Westerly along the south line of the
north half of the southwest quarter of said Section 3 to the
east line of Section 4, Township 20, Range 25, thence
Southerly along the east line of Section 4 to the southeast
corner of said Section 4, thence Westerly along the south line
of said Section 4 to the west line of the southeast quarter of
the southwest quarter of said Section 4, thence Northerly
along the west line of the southeast quarter of the southwest
quarter of said Section 4 to the southeast corner of the
northwest quarter of the southwest quarter of said Section 4,
thence Westerly along the south line of the northwest quarter of
the southwest quarter of said Section 4 to the east line of
Section 5, Township 20, Range 25, and continuing Westerly
along the south line of the northeast quarter of the southeast
quarter of said Section 5 to the west line of the northeast
quarter of the southeast quarter of said Section 5, thence
Northerly along the west line of the northeast quarter of the
southeast quarter of said Section 5 to the south line of the
northeast quarter of said Section 5, thence Westerly along the
south line of the northeast quarter of Section 5 to the west
line of the northeast quarter of said Section 5, thence
Northerly along the westerly line of the northeast quarter of said
Section 5 to the southerly line of the northeast quarter of
the northwest quarter of said Section 5, thence Westerly along
the south line of the northeast quarter of the northwest quarter of
Section 5 to , the
west line of the northeast quarter of the northwest quarter of said
Section 5, thence Northerly along the west line of the
northeast quarter of the northwest quarter of Section 5 to the
south line of Section 32, Township 19, Range 25, thence
Westerly along the south line of said Section 32 to a point
which is 45.32 rods east of the west line of said Section 32,
measured along the south line of said Section 32, thence Northerly
parallel with the west line of said Section 32, a distance of
1,000 feet, thence Westerly parallel with the south line of said
Section 32 to the west line of said Section 32, thence
Northerly along the west line of Section 32 to the southwest
corner of Section 29, Township 19, Range 25, and continuing
northerly along the west line of said Section 29 to the north
line of the south half of the southwest quarter of said
Section 29, thence Easterly along the north line of the south
half of the southwest quarter of Section 29 to the north-south
center line, of Section 29, thence Northerly along the
north-south center line of Section 29, to the south line of
Section 20, Township 19, Range 25, and continuing northerly
along the north-south center line of said Section 20 to the
southeast corner of the northwest quarter of said Section 20,
thence Westerly along the south line of the northwest quarter of
Section 20 to the west line of the northwest quarter of said
Section 20, thence Northerly along the west line of the
northwest quarter of said Section 20 to a point which is 330
feet south of the northwest corner of the northwest quarter of said
Section 20, measured along the westerly line of said northwest
quarter of section 20, thence Westerly parallel with the north line
of the northeast quarter of the northeast quarter of
Section 19, Township 19, Range 25, a distance of 200 feet,
thence Northerly parallel with the east line of the northeast
quarter of the northeast quarter of Section 19 to a point in
the north line of’ said Section 19 (all of the foregoing
being in Linn County, Kansas), said point also being in the south
line of Section 18, Township 19, Range 25, Miami
7
County, Kansas,
thence Northerly with the east line of the southeast quarter of
said Section 18, a distance of 270 feet, thence Northerly to a
point .
which is 550 feet north of the
southerly line, and 95 feet west of the easterly line, of the
southeast quarter of the southeast quarter of said Section 18,
thence Easterly parallel with the south line of the southeast
quarter of the southeast quarter of said Section 18, a
distance of 95 feet to the east line of the southeast quarter of
the southeast quarter of said Section 18, and continuing
easterly parallel with the south line of Section 17, Township
19, Range 25, a distance of 325 feet, thence Northerly parallel
with the west line of said Section 17, a distance of 905 feet,
thence Easterly parallel with the south line of said
Section 17, a distance of 390 feet, thence Southeasterly to a
point which is 580 feet north of the south line, and 155 feet west
of the east line, of the west half of the southwest quarter of said
Section 17, thence Easterly parallel with the south line of
said Section 17 to a point in the west line of the east half
of the southwest quarter of said Section 17, thence Northerly along
the west line of the east half of the southwest quarter of
Section 17, to the north line of the south half of said
Section 17, thence Easterly along the north line of the south
half of Section 17 to a point which is 77 rods west of the
east line of the southwest quarter of the northeast quarter of
Section 17 (measured along the north line of the south half of
said Section 17), thence Northerly a distance of 16.315 rods,
thence Easterly a distance of 7.267 rods, thence North 58°
49’ 39.8” East, a distance of 81.5 rods to a point in
the west line of the southeast quarter of the northeast quarter of
said Section 17, which point is 58.5 rods north of the
southeast corner of the southwest quarter of the northeast quarter
of said Section 17, measured along the west line of the
southeast quarter of the northeast quarter of said Section 17,
thence Northerly along the west line of the southeast quarter of
the northeast quarter of said Section 17 to the north line of
the southeast quarter of the northeast quarter of said
Section 17, thence Easterly along the north line of the
southeast quarter of the northeast quarter of said Section 17
to the west line of Section 16, Township 19, Range 25, thence
Northerly along the west line of said Section 16 to the south
line of Section 9, Township 19, Range 25, and continuing
Northerly along the west line of said Section 9 to a point
which is 26 rods south of the northeast corner of the southeast
quarter of the southeast quarter of Section 8, Township 19,
Range 25, thence Westerly 15 rods, thence North 34° 41’
45” West, a distance of 31.619 rods to a point in the south
line of the northeast quarter of the southeast quarter of said
Section 8, which point is 33 rods west of the southeast corner
of the northeast quarter of the southeast quarter of said
Section 8, measured along the south line of said quarter
quarter section, thence Westerly along the south line of the
northeast quarter of the southeast quarter of said Section 8
to the west line of the northeast quarter of the southeast quarter
of said Section 8, thence Northerly along the west line of the
northeast quarter of the southeast quarter of said Section 8
to the southwest corner of the southeast quarter of the northeast
quarter of said Section 8, and continuing along the west line
of said southeast quarter of the northeast quarter of
Section 8 to the south line of the northwest quarter of the
northeast quarter of said Section 8, thence Westerly along the
south line of the northwest quarter of the northeast quarter of
said Section 8 and continuing along the south line of the
north half of the northwest quarter of Section 8 to the west
line of said Section 8, thence Northerly along the west line
of Section 8 to the southwest corner of Section 5,
Township 19, Range 25, and continuing northerly along the west line
of Section 5 to the north line of the south half of the south
half of the southwest quarter of the southwest quarter of said
Section 5, thence Easterly along the north line of the south
half of the south half of the southwest quarter of the southwest
quarter of Section 5 to a point which is 20 rods west of the
east line of the southwest quarter of the southwest quarter of said
Section 5, measured along the north line of the south half of
the south half of the southwest quarter of the southwest quarter of
said Section 5, thence Northerly parallel with the east line
of the southwest quarter of the southwest quarter of said
Section 5, a distance of 40 rods, thence Easterly parallel
with the south line of the southwest quarter of the southwest
quarter of said Section 5, a distance of 20 rods to the west
line of the southeast quarter of the southwest quarter of said
Section 5, thence Northerly along the west line of the
southeast quarter of the southwest quarter of said Section 5,
and continuing along the west line of the northeast quarter of the
southwest quarter of said Section 5 to the north line of the
south 5 acres the northeast quarter of the southwest quarter of
said Section 5, thence Easterly along the north line of the
south 5 acres of the northeast quarter of the southwest quarter of
said Section 5 to the west line of the southeast quarter of
said Section 5, thence Northerly along the west line of the
southeast quarter of Section 5 to the northwest corner of said
southeast quarter of Section 5, thence Easterly along the
north line of the southeast quarter of Section 5 to the east
line of said Section 5, thence Southerly along the east line
of Section 5 to the north line of Section 9, Township 19,
Range 25, thence Easterly along the north line of said
Section 9 to the southwest corner of the southeast quarter of
the southwest quarter of Section 4, Township 19, Range 25,
thence North 4° 0’ East 135 rods, thence North 26°
00’ East 58.5 rods, thence North 79° 00’ East 98
rods, thence North 28.43 rods, thence East 60.33 rods, thence South
13.19 rods, thence South 36° 00’ West 66 rods, thence
West 28.5 rods, thence South 44.5 rods, thence West 33.5 rods,
thence South 25.18 rods, thence South 49° 00’ East 34.48
rods, thence South 26° 00’ West 84 rods to a point in the
north
8
line of said
Section 9, thence Easterly along the north line of said
Section 9 to the east line of the west half of the northeast
quarter of said Section 9, thence Southerly along the east
line of the west half of the northeast quarter of said
Section 9 to the south line of the west half of the northeast
quarter of said Section 9, thence Westerly along the south
line of the west half of the northeast quarter of said
Section 9, to the north-south center line of said
Section 9, thence Southerly along the north-south center line
of said Section 9 to the north line of Section 16,
Township 19, Range 25, and continuing along the north-south center
line of said Section 16
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