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HomeMy Public PortalAboutORD15306 BILL NO. 2014-51 SUBSTITUTE SPONSORED BY COUNCILMAN Scrivner ORDINANCE NO. J L 3Ol2 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO AN AGREEMENT FOR THE SALE OF REAL ESTATE TO JEFFREY F. KEMPKER AND LINDA R. KEMPKER. WHEREAS, Jeffrey F. Kempker and Linda R. Kempker were the highest bidder for the property commonly known as 1206 Boonville Road. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute an agreement for the sale of real estate to Jeffrey F. Kempker and Linda R. Kempker. Section 2. The agreement shall be substantially the same in form and content as the agreement attached hereto as Exhibit 1. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: - 4.- !// Approved: 7/a,7/v 0/r 4141, Presiding Offcer Mayor ATTEST: . —=~ APPROVED AS TO FORM: '5, Meh;--2.--;/bi-ip el ,9_,. o(,L 9/d/ Ci Cler -' ,_ - ' Ci Counselor pia /Y 36' CITY OF JEFFERSON REAL ESTATE AGREEMENT THIS AGREEMENT, between Jeffrey F. Kempker and Linda R. Kempker, husband and wife,their heirs, successors, and assigns, herein designated as the `Buyer." and the City of Jefferson, a municipal corporation of the State of Missouri (hereinafter referred to as the"City"), acting pursuant to its municipal powers, does hereby offer to enter into an Agreement with the Buyer to sell all the Seller's rights, title and interest in the following described real estate located in Cole County, Missouri, more fully described as follows: See Exhibit A subject, however, to prior approval of the City Council, to any covenants, restrictions, easements or reservations of record, or servitudes for the benefit of the Seller, and to any zoning and building laws, regulations or ordinances affecting said property; but free and clear of all other liens, encumbrances, reservations, exceptions and modifications. The entirety of the above described interests being conveyed shall hereinafter be referred to as the "Property." In consideration of the covenants and obligations herein, the parties agree as follows: I. Purchase Price. The City agrees to sell all its rights, title and interest in the Property for the total purchase price of Seventy Thousand Dollars ($70,000.00), payable to City at such date as the parties may mutually agree (the "Closing Date"), with the closing taking place at Cole County Abstract and Title Company,240 E. High Street,Jefferson City, Missouri, at which time possession shall be delivered to Buyer. 2. Marketability of Title. It is understood and agreed that the Property shall be conveyed with good, clear, marketable title as set forth in Title Standard 4 of the Missouri Bar Association, subject to the following exceptions (hereinafter the"Permitted Exceptions"): (1)prior approval of the City Council;(2)any covenants, restrictions, reservations, and easements of record; and(3) all applicable zoning and building laws, regulations and ordinances. It is also understood and agreed that any other encumbrance or defect in the title which is within the scope of any of the Title Standards of the Missouri Bar shall not constitute a valid objection on the part of the Buyer, provided the City furnishes the affidavits, or other title papers, if any, described in the applicable standard. 3. Deed. On or before the Closing Date, the City shall have completed its obligations under paragraph 4, and the City shall execute and deliver to the Buyer the General Warranty Deed for the Property, in Page 1of12 C:\Users\Clambert\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\U38 VX6H6\I206 Boonville Road Agreement.Docx recordable form (i.e., signed and acknowledged), conveying fee simple title to the Property to the City, subject only to the Permitted Exceptions. 4. Evidence of Title. Prior to the Closing Date, the City shall provide evidence of good and marketable title to the Property. Such evidence shall be provided through either of the following methods: A. Title Insurance. The City shall deliver to the Buyer a commitment to issue an owner's policy of title insurance prior to closing. Any commitment made hereunder shall be in an amount approved by the Buyer, naming the Buyer as the insured and issued by a title insurance company licensed to write title insurance in Missouri. Said policy shall insure the owner's title to be marketable in fact, subject to the Permitted Exceptions; and shall provide that the policy be issued immediately after the City's General Warranty Deed is placed of record. B. Cost. The cost of the abstract or title insurance shall be borne by City. 5. Inspection of the Property. The Buyer,at its expense,shall have the right to conduct such investigations,inspections and inventories of the Property as it deems reasonable or necessary prior to the Closing Date.The City hereby grants the Buyer, its officers, agents,employees and independent contractors,the right to enter upon the Property at reasonable times upon reasonable notice, oral or written, from time to time after the date of this Offer for the purposes of investigating, inspecting and performing inventories of the Property and for other purposes consistent with Buyer's interest under this Offer. The making of such investigations, inspections and inventories by the Buyer, regardless of the outcome thereof, shall not affect the City's representations or warranties set forth in paragraph 20. 6. Removal of Personal Property. Prior to the Closing Date, the City, shall remove all personal property and equipment City desires to keep from the Property. 7. No Holdover Period For Occupants. The City shall ensure that they and all other current occupants vacate the Property prior to the Closing Date except as herein may be provided. Page 2of12 C:\Users\Clambert\Appdata\Local\Microsoft\Windows\Temporary Internet Filess\Content.Outlook\U38VX6H6\1206 Boonville Road Agreement.Docx 8. Proceeds Payable to Seller. The Buyer will deliver to the City its check for the purchase price owing the City, and the check shall be payable to the City as their interests appear on the date of closing as determined by the executed Settlement Statement signed by the parties. 9. Insurance. The City is responsible for maintaining liability and other insurance on the premises through the Closing Date to protect their interests. The Buyer assumes no duty to insure the property for any loss or liability. 10. Status Poo Maintained. The Property shall be preserved in its present condition and the City shall deliver it intact at the time possession to the Buyer is given. All risk of loss or damage to the Property is on the City until the Buyer takes possession. Prior to possession by the Buyer, the City shall give prompt written notice to the Buyer of any loss or damage to the Property. In the event of loss, damage or destruction of all or part of the Property, the Buyer shall have the option to terminate this Agreement effective immediately. However, in the case of loss, damage or destruction of all or part of the Property from causes covered by insurance, the Buyer shall have the option to either: (I)take possession of the Property and accept an assignment of all City's right,title and interest in and to any claims the Seller has under the insurance policies covering the Property; or (2) terminate this Agreement effective immediately. 11. Utilities. The City shall be responsible for payment of all utility expenses incurred by it or incurred by any other occupants, prior to the Closing Date, including,but not limited to,the sewer,solid waste and water charges which may be assessed for collection pursuant to Revised Statutes of Missouri Sections 250.233, 250.234, 260.215, and 393.130. 12. Taxes. The City shall pay in full all federal, state, county and municipal taxes, general or special, which are a lien on the Property,except for taxes for the current calendar year,which shall be prorated as of the Closing Date. If the amount of taxes cannot be ascertained, proration shall be computed on the amount of general taxes on the Property for the preceding calendar year. 13. Special Assessments. Page 3 of 12 C:\Users\Clambert\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\U38VX6H6\1206 Boonville Road Aereement.Docx The City shall pay in full all special assessments on the Property which have been certified before the Closing Date. 14. Contract Binding On Successors In Interest. This document shall apply to and bind the heirs, executors, administrators, partners,assigns and successors in interest of the respective parties. 15. Granting of Easements. The Buyer agrees to grant to the City the easements identified on Exhibit B within ten (10) days of the Closing Date, which the City shall record. Consideration for said easements is included in the Purchase Price. 16. Intention of Use of Words and Phrases. Words and phrases contained herein, including the acknowledgment clause, shall be construed as in the singular and plural number, and as masculine, feminine or neuter gender, according the context. 17. Paragraph Headings. The paragraph headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this document. 18. No Brokers. Each party hereto represents to the other that no real estate broker commission shall be due on the conveyance contemplated by this Offer. 19. Law of Missouri. The Offer shall be construed according to the laws of the State of Missouri. Upon acceptance of this Offer, the Seller shall comply with all local, state, and federal laws and regulations related to the performance of the Agreement to the extent that the same may be applicable. 20. Entire Agreement. The entire Agreement between the Buyer and the City shall consist of this document. Page 4 of 12 C:\Users\Clambers\Appdata\LocalNlicrosoft\Windows\Temporary Internet Files\Content.Outlook\U38VX6H6\1206 Boonville Road Agreement.Docx CITY OF JEFFERSON BUY R Mayor / J-'i"ey • em l ar ATT—ST: (OR/2;7; C —AP a...4. tag ity Clerk : Lin.. R. Kempker APPROVED'AS TO FORME City Counselor Page 5 of 12 C:\Users\Clambert\Appdata\LocaMlicrosoft\Windows\Temporary Internet Files\Content.Outlook\U38VX6H6\1206 Boonville Road Agreement.Docx Exhibit A TRACT 1 Part of the Southeast Quarter of Section 27, Township 45 North, Range 12 West, Cole County, Missouri, more particularly described as follows: From the Quarter Section corner on the south side of said Section 27; thence N3°17'08"E, along the Quarter Section Line, 1439.13 feet to a point intersecting the north line of the Missouri Pacific Railroad right-of-way; thence along said right-of-way line the following courses: Easterly, on a curve to the left, having a radius of 779.67 feet, an arc distance of 73.49 feet, (the chord of said curve being S71°51'33"E, 73.46 feet); thence S15°26'26"W, 75.00 feet; thence on a curve to the left, having a radius of 854.67 feet, an arc distance of 11.93 feet, (the chord of said curve being 574°57'33"E. 11.93 feet; thence along a spiral curve to the left, having a chord bearing of S79°02'59"E, a distance of 182.00 feet; thence on a curve to the right, having a radius of 5977.15 feet, an arc distance of 224.22 feet, (the chord of said curve being S83°30'1 E, 224.21 feet to a point in the present center of Gray's Creek and the POINT OF BEGINNING for this description; thence leaving the north line of said Missouri Pacific Railroad right-of-way, along the present center of Gray's Creek the following courses: N6°44'00"E, 80.97 feet; thence N2l°55'00"W, 127.0 feet; thence N31°40'00"E, 116.0 feet; thence N88°03'00"E, 87.0 feet; thence S69°00'00"E, 140.0 feet; thence S49°37'00"E, 145.0 feet; thence S60°01'00"E, 375.0 feet; thence S57°40'00"E, 419.0 feet; thence N84°01'00"E, 195.85 feet; thence leaving the present center of Gray's Creek S34°11'00"W, 219.07 feet to a point intersecting the north line of the aforesaid Missouri Pacific Railroad right-of-way; thence, along said right-of-way line, the following courses: Northwesterly, on a curve to the left, having a radius of 13814.09 feet, an arc distance of 134.28 feet, (the chord of said curve being N56°04'12"W, 134.28 feet); thence on a spiral curve to the left, having a chord bearing of N57°21'44"W, a distance of 157.50 feet; thence Northwesterly, on a curve to the left, having a radius of 1700.03 feet, an arc distance of 553.86 feet, (the chord of said curve being N68°41'54"W, 551.41 feet); thence on a spiral curve to the left, having a chord bearing of N79°33'06"W, a distance of 128.43 feet; thence Northwesterly, on a curve to the left, having a radius of 5977.15 feet, an arc distance of 220.06 feet, (the chord of said curve being N81°22'31"W, 220.04 feet) to the POINT OF BEGINNING. Page 6 of 12 C:\Users\ClamberAAppdata\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\U38VX6H6\1206 Boonville Road Agreement.Docx TRACT 2 Part of the Southeast Quarter of Section 27, Township 45 North, Range 12 West, in the City of Jefferson, Cole County, Missouri, more particularly described as follows: From the Quarter Section corner on the south side of said Section 27; thence N3°l 7'08"E,along the Quarter Section Line, 884.40 feet; thence S87°09'14"E, 512.25 feet to the most southerly corner of a certain tract described by deed of record in Book 381,page 970,Cole County Recorder's Office and said corner being on the northerly side of a public road right-of-way formerly known as Boonville Road, and presently known as West Cole Junction Road and on the westerly line of Somerset Meadow,as per plat of record in Plat Book 11,page 1000, Cole County Recorder's Office and being the POINT OF BEGINNING for this description; thence along the boundary of said certain tract described in Book 381, page 970,the following courses: N22°01'58"E, along the westerly line of the aforesaid Somerset Meadow. 323.40 feet; to a point intersecting the southerly line of the Missouri Pacific Railroad right-of-way; thence Westerly, along the southerly line of said Missouri Pacific Railroad right-of-way, on a curve to the left, having a radius of 5877.15 feet, an arc distance of 128.04 feet, (the chord of said curve being N81°33'42"W. 128.04 feet) to the top of bank of Gray's Creek; thence S30°31'58"W, 132.00 feet to a point intersecting the northerly line of the aforesaid public road right-of-way; thence 528°56'59"E, 125.57 feet; thence 56°58'02"E along said right-of- way line 95.70 feet to the POINT OF BEGINNING. Page 7 of 12 C:\Users\Clambert\Appdata\Local\Microsoft\R'indows\Temporary Internet Files\Content.Outlook\U38 VX6H6\I 206 Boonville Road Agreement.Docx TRACT 3 LOCAL DESCRIPTION TRACT III • PART OF THE SOUTH HALF OF THE SOUTH HALF OF SECTION 27, TOWNSHIP 45 NORTH, RANGE 12 WEST, CONVEYED TO S & S DEVELOPMENT COMPANY, A PARTNERSHIP, PER DEED OF RECORD IN BOOK 273, PACE 370, COLE COUNTY RECORDER'S OFFICE, IN THE CITY OF JEFFERSON, COUNTY OF COLE, MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 27; THENCE NORTH 5 DECREES 48 MINUTES 58 SECONDS WEST ALONG THE QUARTER QUARTER SECTION LINE• 865.71 FEET TO THE CENTERLINE OF BOONVILLE ROAD AND THE BEGINNING POINT OF THIS DESCRIPTION; THENCE WESTERLY ALONG THE CENTERLINE OF SAID BOONVILLE ROAD, ON THE FOLLOWING COURSES AND DISTANCES: SOUTH 84 DEGREES 15 MINUTES 11 SECONDS WEST, 429.46 FEET; THEECE NORTH 81 DECREES 50 MINUTES 47 SECONDS WEST, 247.57 FEET; THENCE NORTH 58 DEGREES 44 MINUTES 05 SECONDS WEST, 62.47 FEET; THENCE NORTH 33 DEGREES 41 MINUTES 27 SECONDS WEST, 31.22 FEET; THENCE NORTH 18 DEGREES 41 MINUTES 52 SECONDS WEST, 153.20 FEET; THENCE NORTH 30 DECREES 16 MINUTES 53 SECONDS WEST, 72.25 FEET: THENCE NORTH 52 DECREES 26 MINUTES 05 SECONDS WEST, 69.64 FEST; THENCE NORTH 65 DECREES 40 HINDUS 36 SECONDS VEST, 62.69 FEET TO THE CENTEILINE OF GRAY'S GREEK; THENCE LEAVING THE CENTERLINE OF SAID POONVTLLE ROAD, IN A SOUTHWESTERLY DIRECTION ALONG THE CENTERLINE OP SAID GRAY'S CREEK, ON THE FOLLOWING COURSES AND DISTANCES: 8077TH 33 DEGREES 10 MINUTES 55 SECONDS WEST, 208.44 FEET; THENCE SOUTH 59 DEGREES 36 MINUTES 17 SECOF.DS VEST, 59.11 ;BET; THENCE LEAVING/Mid . CENTERLINE OF SAID CRAY'S CREED IN A SOUTHEASTERLY DIRECTION ON THE !o ting COURSES AND DISTANCES: SOUTH 3 DEGREES 08 MINUTES 18 SECONDS EAST, 21 ET; THENCE. WESTERLY ON A CURVE TO THE LEFT, HAVING A RADIUS OF 778.50 FEET, AN ARC DISTANCE OF 244.07 FEET, TBE CHORD OF SAID CARVE BEING SOUTH 52 DEGREES 01 MINUTES 20 SECONDS GEST, 242.04 FEET; THENCE SOUTH 43 DECREES 09 MINUTES 53 SECONDS WEST, 127.43 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF MISSOURI STATE ROUTE 1.79; THENCE SOUTH 43 DEGREES 32 MINUTES 05 SECONDS EAST ALONG SAID DIGIT-OF•VAY LINE, 60.10 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE NORTH 43 DEMBEES 09 nuns 53 SECONDS EAST, 130.89 FEET; THENCE EASTERLY OH A CURVE TO 'tilt RICHT, HAVING L RADIUS OF 71¢.50 FEET, AN ARC DISTANCE OF 667.41 FEET, THE CHORD OF SAID CURVE BEING NOTE 69 DEGREES 46 MINUTES 33 SECONDS EAST, 643.68 FEET; THENCE SWIM 33 DEGREES I5 MINUTES 48 SECL?IDS EAST, 73.42 FEET; THENCE EAOTrl7T ON A COVE 27 TEE LEFT, PAYING A RADIUS OF 908.86 FEET, AN ARC DISTANCE OP 214.15 FS,Et• TUE GEOID OF SAID CORVE BEING NORTH 89 DECREES 3E MINUTES 12 SECCr2DS EAST, 213.65 FEET: TEENER NORTH 82 DEGREES 53 MINUTES 12 SECONDS EAST• 242.13 FEET; MINCE ZASTERIY ON A CO:EVE TO THE RIGHT, PAVING A RADIUS OF 543.0 FnUT, A9 ARC DISTANCE OFF 115.44 FEET, TEE CSI02D OF SAID CURVE BEING NORTH�88� DEGtEZE 58 MINUTES 37 SECONDS , 115.22 'FEET TO THE QUARTER QUARTER 2nD AND THE MITIE:LY LINE OF SAID TRACT DESCRIBED ABOVE; THENCE NORTH 5 DEGREES 48 ROUTES 58 SECONDS WEST ALDEC '1H2 QUASTFR QUARTER SECTION LINE AND THE EASTERLY LINE 07 SAD TRACT, ma A DISTANCE OF 36.96 FEET TO THE POINT OF BDGINEING. Page 8 of 12 C:\Userse Road Agree oata\Lucal Atiicrosoft\Windows\[?mporary Internet Files\Content.Outloo4\U38VX6H6\1206 Boonville Ruari Agreement.11ocx Except that part retained as Boonville Road right of way more particularly described as follows; From the southeast corner of the southwest quarter of the southeast quarter of said Section 27;thence North 5 degrees 48 minutes 58 seconds West along the quarter quarter section line 865.71 feet to the center line of Boonville Road as described in Book 363 Page 865, Cole County Recorder's Office, Cole County Missouri and the POINT OF BEGINNING of this description; thence westerly along the center of Booneville Road as described in Book 363 Page 865, South 84 degrees 15 minutes 11 seconds West, 429.46 feet; thence North 81 degrees 50 minutes 47 seconds West, 247.57 feet; thence North 58 degrees 44 minutes 05 seconds West, 19.40 feet, to a point now called REFERENCE POINT A; thence leaving the centerline of said Boonville Road as described in Book 363 Page 865, westerly on a curve to the left having a radius of 778.50 feet, an arc distance of 664.55 feet,the chord of said curve being South 67 degrees 37 minutes 09 seconds West, 644.55 feet; thence South 43 degrees 09 minutes 53 seconds West, 127.43 feet, to the easterly right of way line of Missouri State Route 179; thence South 43 degrees 32 minutes 05 seconds East along said right of way line, 60.10 feet; thence leaving said right of way line North 43 degrees 09 minutes 53 seconds East, 130.89 feet,thence easterly on a curve to the right having a radius of 718.50 feet, an arc distance of 667.41 feet,the chord of said curve being North 69 degrees 46 minutes 33 seconds East, 643.68 feet; thence South 83 degrees 36 minutes 48 seconds East, 73.42 feet; thence easterly on a curve to the left, having a radius of 908.86 feet, an arc distance of 214.15 feet, the chord of said curve being North 89 degrees 38 minutes 12 seconds East, 213.65 feet; thence North 82 degrees 53 minutes 12 seconds East, 242.13 feet; thence easterly on a curve to the right, having a radius of 543.0 feet, an arc distance of 115.44 feet, the chord of said curve being North 88 degrees 58 minutes 37 seconds East, 115.22 feet to the quarter quarter section line; thence North 5 degrees 48 minutes 58 seconds West along the quarter quarter section line, for a distance of 36.96 feet to the POINT OF BEGINNING of this description. Also, Except that part retained as West Cole Junction Road (formally known as Boonville Road) Right of way more particularly described as follows; BEGINNING at REFERENCE POINT A as described above in Boonville Road right of way; thence along the center of Boonville Road as described in Book 363 Page 865, Cole County Recorder's Office , North 58 degrees 44 minutes 05 seconds West, 43.07 feet; thence North 33 degrees 41 minutes 27 seconds West, 31.22 feet; thence North 18 degrees 41 minutes 52 seconds West, 153.20 feet; thence North 30 degrees 16 minutes 53 seconds West, 72.25 feet; thence North 52 degrees 26 minutes 05 seconds West, 69.64 feet; thence North 65 degrees 40 minutes 36 seconds West, 62.69 feet to the centerline of Gray's Creek as described in said Book 363 Page 865, Cole County Recorder's Office; thence leaving the centerline of said Boonville Road, in a southwesterly direction along the centerline of said Gray's Creek as described in said Book 363 Page 865,Cole County Recorder's Office, South 33 degrees 10 minutes 55 seconds West, 20.24 feet; thence leaving the centerline of said Gray's Creek, South 65 degrees 40 minutes 36 seconds East, 63.49 feet; thence South 52 degrees 26 minutes 05 seconds East, 63.40 feet; thence South 30 degrees 16 minutes 53 seconds East, 66.31 feet; thence South 18 degrees 41 minutes 52 seconds East, 105.97 feet; thence South 01 degrees 56 minutes 58 seconds East, 86.32 feet to the northerly right of way line of Boonville Road; thence easterly along the northerly right of way line of said Boonville Road on a curve to the right having a radius of 778.50 feet, an arc distance of 60.01 feet,the chord of said curve being North 88 degrees 02 minutes 58 seconds East, 60.00 feet to the southwesterly corner of Replat of Somerset Meadow recorded in Plat Book 12 Page 253, Cole County Recorder's Office; thence continuing easterly along the northerly right of way line of said Boonville Road on a curve to the right having a radius of 778.50 feet, an arc distance of 24.67 feet,the chord of said curve being North 88 degrees 50 minutes 03 seconds East, 24.67 feet to the POINT OF BEGINNING. Exhibit B Sanitary sewer easement A twenty(20) foot easement of even width across a tract of land recorded in Book 624 Page 352 of the Cole County Recorder's Office, Cole County Missouri; being part of the Southeast Quarter of Section 27, Township 45 North, Range 12 West, Cole County, Missouri; being part of Tract B of a survey of record recorded in Survey Book A, Page 341 of the Cole County Recorder's Office, Cole County Missouri. The centerline of said easement more particularly described as follows: From the Quarter Section corner on the south side of said Section 27; thence N3°17'08"E, along the Quarter Section Line, 1439.13 feet to a point intersecting the north line of the Missouri Pacific Railroad right-of-way; thence along said right-of-way line the following courses: Easterly, on a curve to the left, having a radius of 779.67 feet, an arc distance of 73.49 feet, (the chord of said curve being S71°51'33"E, 73.46 feet); thence S 15°26'26"W, 75.00 feet; thence on a curve to the left, having a radius of 854.67 feet, an arc distance of 11.93 feet, (the chord of said curve being S74°57'33"E. 11.93 feet; thence along a spiral curve to the left, having a chord bearing of S79°02'59"E, a distance of 182.00 feet; thence on a curve to the right, having a radius of 5977.15 feet, an arc distance of 224.22 feet, (the chord of said curve being S83°30'17"E, 224.21 feet to a point in the present center of Gray's Creek and being the southwesterly corner of said Tract B; thence leaving the north line of said Missouri Pacific Railroad right-of-way, along the present center of Gray's Creek the following courses: N6°44'00"E, 80.97 feet; thence N21°55'00"W, 93.66 feet, to the POINT OF BEGINNING for this description; thence leaving the center of Gray's Creek N77°26'28"E, 148.54 feet; thence S63°43'35"E, 102.23 feet; thence S58°7'47"E, 396.00 feet; ; thence S59°59'31"E, 315.38 feet; thence S57°41'40"E, 347.32 feet, to a point on the easterly line of said Tract B and the POINT OF TERMINATION; said point being N34°11'00"E, 22.56 feet from the southeasterly corner of said Tract B. Ingres/Egress easement A fifteen (15) foot easement of even width across a tract of land recorded in Book 624 Page 352 of the Cole County Recorder's Office, Cole County Missouri; being part of the Southeast Quarter of Section 27, Township 45 North, Range 12 West, Cole County, Missouri; being part of Tract C of a survey of record recorded in Survey Book A, Page 341 of the Cole County Recorder's Office, Cole County Missouri The centerline of said easement more particularly described as follows: From the Quarter Section corner on the south side of said Section 27; thence N3°17'08"E, along the Quarter Section Line, 884.40 feet; thence S87°09'14"E, 512.25 feet to the most southerly corner of said Tract C and said corner being on the northerly side of a public road right-of-way Page 11 of 12 C:\Users\Clambert\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\U38VX6H6\I206 Boonville Road Agreement.Docx formerly known as Boonville Road, and presently known as West Cole Junction Road; thence along the northerly side of said public road right of way the following courses N6°58'02"W, 95.70 feet; thence N28°56'59"W, 72.07 feet to the POINT OF BEGINNING of this centerline description; thence leaving the said public road right of way N36°28'31"E, 186.73 feet to a point on the northerly line of said Tract C and the POINT OF TERMINATION; said point being N81°33'42"W, 57.44 feet from the southeasterly corner of said Tract C. Page 12 of 12 C:\Users\Clambert\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\U38VX6H6\1206 Boonville Road Aereement.Docx