City of Lake Ozark, MO Chapter 105 Elections

Article I General Provisions

Section 105.010 Conformance Of City Elections With State Law.

All City elections shall be conducted and held in conformance with the provisions of Chapter 115, RSMo.

Section 105.020 Date Of Municipal Election.

A. A municipal election for the qualified voters of this City shall be held on the first Tuesday after the first Monday in April of each year.

B. On the first Tuesday after the first Monday in April of odd-numbered years, a municipal election of the qualified voters of the City of Lake Ozark shall be held for the purpose of electing a Mayor who shall hold his/her office for a term of two (2) years and until his/her successor is elected and qualified.

C. On the first Tuesday after the first Monday in April of odd-numbered years, a municipal election of the qualified voters of the City of Lake Ozark shall be held for the purpose of electing one (1) Alderman from each ward who shall hold his/her office for a term of two (2) years and until his/her successor is elected and qualified.

D. On the first Tuesday after the first Monday in April of even-numbered years, a municipal election of the qualified voters of the City of Lake Ozark shall be held for the purpose of electing one (1) Alderman from each ward who shall hold his/her office for a term of two (2) years and until his/her successor is elected and qualified.

Section 105.030 Declaration Of Candidacy — Dates For Filing.

A. Any person who desires to become a candidate for an elective City office at the general City election shall file with the City Clerk, not prior to the hour of 8:00 A.M. on the 17th Tuesday prior to, nor later than 5:00 P.M. on the 14th Tuesday prior to the next City municipal election, a written declaration of his/her intent to become a candidate at said election. The City Clerk shall keep a permanent record of the names of the candidates, the offices for which they seek election, and the date of their filing, and their names shall appear on the ballots in that order.

B. If the City Clerk has reason to question any qualification of any person filing a written declaration of his/her intent to become a candidate for any elective City office, he/she shall request the person to provide such information as is reasonable under the circumstances to verify the person's qualifications for the office being sought. A request for any documentation that may be used to satisfy proof of name, date of birth and residency for obtaining a Missouri driver's license is presumptively reasonable.

[Ord. No. 2016-35, 10-11-2016]

C. If the person refuses to provide the requested documentation, or if the Clerk continues to have reason to question any of the person's qualification to hold office, the Clerk shall notify the City Attorney who shall take such legal action as is deemed appropriate to ensure the integrity of the election process.

[Ord. No. 2016-35, 10-11-2016]

Section 105.035 Disqualification As Candidate For Elective Public Office, When — Disqualification From Participation In Election, When — Affidavit To Be Filed, Requirements — Investigation Of Alleged Delinquency.

A. No person shall qualify as a candidate for elective public office in the State of Missouri who has been found guilty of or pled guilty to a felony under the Federal laws of the United States of America or to a felony under the laws of this State or an offense committed in another state that would be considered a felony in this State.

B. Any person who files as a candidate for election to a public office shall be disqualified from participation in the election for which the candidate has filed if such person is delinquent in the payment of any State income taxes, personal property taxes, municipal taxes, real property taxes on the place of residence, as stated on the declaration of candidacy, or if the person is a past or present corporate officer of any fee office that owes any taxes to the State.

C. Each potential candidate for election to a public office shall file an affidavit with the Department of Revenue and include a copy of the affidavit with the declaration of candidacy required under Section 115.349, RSMo. Such affidavit shall be in substantially the form as set out in Section 115.306, RSMo.

D. Upon receipt of a complaint alleging a delinquency of the candidate in the filing or payment of any State income taxes, personal property taxes, municipal taxes, real property taxes on the place of residence, as stated on the declaration of candidacy, or if the person is a past or present corporate officer of any fee office that owes any taxes to the State, the Department of Revenue shall investigate such potential candidate to verify the claim contained in the complaint. If the Department of Revenue finds a positive affirmation to be false, the Department shall contact the Secretary of State, or the election official who accepted such candidate's declaration of candidacy, and the potential candidate. The Department shall notify the candidate of the outstanding tax owed and give the candidate thirty (30) days to remit any such outstanding taxes owed which are not the subject of dispute between the Department and the candidate. If the candidate fails to remit such amounts in full within thirty (30) days, the candidate shall be disqualified from participating in the current election and barred from refiling for an entire election cycle even if the individual pays all of the outstanding taxes that were the subject of the complaint.

Section 105.040 Declaration Of Candidacy — Notice To Public.

The City Clerk shall, on or before the 17th Tuesday prior to any election at which City offices are to be filled by said election, notify the general public of the opening filing date, the office or offices to be filled, the proper place for filing, and the closing filing date of the election. Such notification may be accomplished by legal notice published in at least one (1) newspaper of general circulation in the City.

Section 105.050 Notice Of Elections.

In City elections, the City Clerk shall notify the County Clerk prior to 5:00 P.M. on the 10th Tuesday prior to any City election except as noted in Section 115.125, RSMo. The notice shall be in writing, shall specify that the Board of Aldermen is calling the election, the purpose of the election, the date of the election, and shall include a certified copy of the legal notice to be published including the sample ballot. The notice and any other information required by Section 115.125, RSMo., may, with the prior notification to the election authority receiving the notice, be accepted by facsimile transmission prior to 5:00 P.M. on the 10th Tuesday prior to the election, provided that the original copy of the notice and a certified copy of the legal notice to be published shall be received in the office of the election authority within three (3) business days from the date of the facsimile transmission.

Section 105.060 Declaration Of Candidacy — Form.

[R.O. 1994 § 115.050]

The form of said written declaration of candidacy shall be on file in the City Clerk’s office.

Section 105.070 Withdrawal Of Candidacy.

[R.O. 1994 § 115.060]

Any person who has declared himself/herself a candidate of any elective City office as set forth in this Chapter may not withdraw his/her candidacy at any time other than those times set out in Section 115.359, RSMo. A candidate's name may be removed after that time only upon death or order of court of record, in accordance with State law.

Section 105.080 Special Election Dates.

[R.O. 1994 § 115.090]

Dates for special City elections are the first Tuesday after the first Monday in February (except in presidential election years), March, June, August, or November of each year.

Article II Wards

Section 105.090 City Divided Into Three Wards.

[R.O. 1994 § 115.100; Ord. No. 92-4, 3-3-1992; Ord. No. 98-39 §§ 1 – 3, 12-8-1998; Ord. No. 99-22 §§ 1 – 3, 10-26-1999; Ord. No. 2001-35 §§ 1 – 3, 12-11-2001; Ord. No. 2012-23, 11-27-2012]

A. That Ward One in the City of Lake Ozark shall include that part of the City of Lake Ozark legally described as follows:

A tract of land situated in and being a part of Sections 17, 18, 19, 20, 21, 28, 29, 31 and 32, T 40 N, R 15 W, and Sections 13 and 14, Township 44 North, Range 16 West, Miller County, Missouri, all in the City of Lake Ozark, Missouri; said tract being more particularly described as follows:

Beginning at the SE Corner of Section 32, T 40 N, R 15 W, thence in a northerly direction, along the line common to Section 32 and Section 33 and the line common to Section 28 and Section 29, T 40 N, R 15 W, to the southerly bank of the Osage River; thence leaving said line common to Section 28 and Section 29, along said southerly bank of the Osage River, in a westerly direction, to the easterly right-of-way line of U.S. Route 54; thence leaving southerly bank of the Osage River, in a northerly direction, along said right-of-way line, to the southerly right-of-way line of the Osage River Bridge Road; thence leaving said easterly right-of-way line of U.S. Route 54, in an easterly direction, along said southerly right-of-way line of Osage River Bridge Road to the line common to Section 28 and Section 29, T 40 N, R 15 W, thence leaving said southerly right-of-way line of Osage River Bridge Road, in a northerly direction, along said line common to Section 28 and Section 29, to the southerly City limits line of the City of Lake Ozark, Missouri; thence leaving said line common to Section 28 and Section 29, in an easterly direction, along the southerly City limits line of the City of Lake Ozark, Missouri, to the westerly bank of the Osage River; thence leaving along said southerly City limits line, in a northerly direction, along said westerly bank of the Osage River and the easterly City limits line of said City of Lake Ozark, Missouri, to the northerly City limits line of said City of Lake Ozark, Missouri; thence leaving said easterly City limits line, in a westerly and northerly direction, along said northerly City limits line, to the line common to Section 20 and Section 21, T 40 N, R 15 W; thence leaving said northerly City limits line, in a northerly direction, along said line common to Section 20 and Section 21, T 40 N, R 15 W, and the City limits line of the City of Lake Ozark, Missouri, to the NE corner of said Section 20; thence leaving said line common to Section 20 and Section 21, in a westerly direction, along the line common to Section 17 and Section 20, T 40 N, R 15 W, and along said City limits line, to the 1/4 Section corner common to said Section 17 and Section 20; thence leaving line common to Section 17 and Section 20, in a northerly direction, along the North-South 1/4 Section line and said City limits line, to the centerline of the Little Gravois Creek; thence leaving said North-South 1/4 Section line, in a northwesterly direction, along said centerline of the Little Gravois Creek, to the northerly line of Section 17, T 40 N, R 15 W; thence leaving said centerline of Little Gravois Creek, in a westerly direction, along said northerly line of Section 17, to the NW corner of said Section 17; thence leaving said northerly line of Section 17 in a southerly direction, along the line common to Section 17 and Section 18, T 40 N, R 15 W, to the northerly City limits line of the City of Lake Ozark, Missouri; thence leaving said line common to said Section 17 and Section 18, in a westerly and northerly direction, along said northerly City limits line, to the Range line common to Range 15 West and Range 16 West; thence along said Range line, in a northerly direction, to the NE corner of Section 13, T 40 N, R 16 W, thence leaving said Range line, along the northerly line of said Section 13, in a westerly direction, to the centerline of Missouri Route "W"; thence continuing along said northerly line of Section 13 to the NW Corner of said Section 13; thence leaving said northerly line of Section 13, in a southerly direction along the line common to Section 13 and Section 14, T 40 N, R 16 W, to a point on the 662 Contour line on the southerly shoreline of Birdsong Hollow Cove; thence leaving said line common to Section 13 and Section 14, along said 662 Contour line in a general southwesterly, southerly and easterly direction to the line common to said Section 13 and Section 14; thence leaving said 662 Contour line a northerly direction, along said line common to Section 13 and Section 14, to the centerline of Welsh Road; thence leaving said line common to Section 13 and Section 14, in a northeasterly direction along said centerline of Welsh Road to the intersection of Welsh Road and Rockwood Circle; thence leaving said centerline of Welsh Road, in a northeasterly and southeasterly direction, along said centerline of Rockwood Circle to the intersection of said centerline of Rockwood Circle and the centerline of Welsh Road; then leaving said centerline of Rockwood Circle in a northeasterly direction along said centerline of Welsh Road, to the centerline of Missouri Route "W"; thence leaving said centerline of Welsh Road in a southerly direction, along said centerline of Missouri Route "W", to the centerline of Missouri Route "W"-Old U.S. Route 54; thence leaving said centerline of Missouri Route "W", along said centerline of Missouri Route "W"-Old U.S. Route 54, in a southeasterly direction to a point approximately 200.00 feet southeasterly of the intersection of said centerline and the northerly line of Section 19, T 40 N, R 15 W; thence leaving said centerline in a Northeasterly direction to the northerly line of Section 19; thence along said Section line in an easterly direction 772.00 feet; thence leaving said Section line in a southerly direction to the centerline of said Route "W"; thence continuing southeasterly along said centerline of Route "W" and the centerline of Business U.S. Route 54, also known as Bagnell Dam Boulevard, to the easterly right-of-way line extended of the Business Route 54-Bagnell Dam Connection to U.S. Route 54; thence leaving said centerline, in a northerly direction, along said easterly right-of-way line, to the westerly right-of-way line of U.S. Route 54; thence leaving said easterly right-of-way of the U.S. Route 54-Bagnell Dam Connection, in a Southeasterly direction, along said westerly right-of-way line of U.S. Route 54, to the line common to Section 19 and Section 20, T 40 N, R 15 W; thence leaving said westerly right-of-way line of U.S. Route 54, in a southerly direction, along said line common to Section 19 and Section 20, to the SW Corner of the NW 1/4 of the NW 1/4 of said Section 20; thence leaving said line common to Section 19 and Section 20, in an easterly direction, along the 1/4 1/4 Section line, to the westerly right-of-way line of U.S. Route 54; thence leaving said 1/4 1/4 Section line in a southerly direction, along said right-of-way line, to the southerly bank of the Osage River; thence continuing along said westerly right-of-way line of U.S. Route 54 in a southerly direction to the northerly right-of-way line of Bagnell Dam Boulevard; thence leaving said westerly right-of-way line of U.S. Route 54, in a westerly direction along said northerly right-of-way of Bagnell Dam Boulevard, to the line common to Lot 47 and Lot 48 of Arrowhead Beach Club, a subdivision recorded by Plat at the Records of Miller County, Mo., extended; thence leaving said northerly right-of-way line of Bagnell Dam Boulevard in a southwesterly direction along said line common to Lot 47 and Lot 48 extended to the 662 Contour Elevation line at the head of a small cove; thence leaving said line common to Lot 47 and Lot 48 extended; in a generally easterly and southeasterly direction, along said 662 Contour line, to the line common to Camden County, Missouri and Miller County, Missouri, said line also being the Township line common to Township 40 North and Township 39 North and also being the southerly City limits line of the City of Lake Ozark, Missouri; thence leaving said 662 Contour line, in an easterly direction, along said County line, Township line and southerly City limits line to the point of beginning.

B. That Ward Two (2) in the City of Lake Ozark shall include that part of the City of Lake Ozark legally described as follows:

A tract of land situated in and being a part of Section 13, and Section 24, T 40 N, R 16 W and Section 18 and Section 19, T 40 N, R 15 W, City of Lake Ozarks, Miller County, MO., said tract being more particularly described as follows:

Beginning at the West 1/4 Corner of Section 19, T 40 N, R 15 W; thence in a northerly direction along the line common to Miller County, MO and Camden County, MO said line also being the line common to Range 15 West and Range 16 West and being the Westerly City Limits Line of the City of Lake Ozarks, MO, to the Shoreline of the Lake of the Ozarks at the 662 Contour Line; thence leaving said County Line and said Range Line in a northwesterly direction along said 662 Contour Line to the line common to Section 13 and Section 24, T 40 N, R 16 W; thence leaving said 662 Contour Line in a Westerly direction along said line common to Section 13 and Section 24 to the Corner Common to Section 13, 14, 23 and 24, T 40 N, R16 W; thence leaving said line common to Section 13 and Section 24 in a Northerly Direction along the line common to Section 13 and Section 14, T 40 N, R 16 W to the Centerline of Welsh Road; thence leaving said line common to Section 13 and Section 14 in a Northeasterly direction to the intersection of said Centerline of Welsh Road and the Centerline of Rockwood Circle; thence leaving said Centerline of Welsh Road in a Northeasterly and Southeasterly direction along said Centerline of Rockwood Circle to the intersection of said Centerline of Rockwood Circle and said Centerline of Welsh Road; thence leaving said Centerline of Rockwood Circle in a Northeasterly direction along said Centerline of Welsh Road to the Centerline of Missouri Route "W"; thence leaving said Centerline of Welsh Road in a Southeasterly direction along said Centerline of Missouri Route "W" to the Centerline of Missouri Route "W" -

Old U.S. Route 54 also known as Northshore Drive; thence leaving said Centerline of Missouri Route "W" along said Centerline of Missouri Route "W" — Old U.S. Route 54, also known as Northshore Drive, in a Southeasterly direction to the line common to tracts of land described by deeds recorded in Book 322, Page 421 and by Document Number 2005-4019 in the Records of Miller County, MO and said line extended; thence leaving said Centerline in a Southerly direction along said common line extended and said line common to tracts of land described by deeds recorded in Book 322, Page 421 and by Document Number 2005-4019 to the Corner common to tracts of land described by deeds recorded in Book 322, Page 421, Document Number 2005-4019 and Document Number 2007-4556 of said Records of Miller County, MO; thence leaving said line common to tracts of land described by deeds recorded in Book 322, Page 421 and by Document Number 2005-4019 in a Southwesterly direction along the line common to said tracts of land described by deeds recorded in Book 322, Page 421 and by Document Number 2007-4556 in said Records of Miller County, MO to the Shoreline of the Lake of the Ozarks at the 662 Contour Line; thence leaving said line common to tracts of land described by deeds recorded in Book 322, Page 421 and by Document Number 2007-4556 in a Southwesterly direction to the point of beginning.

Excepting a tract of land being a part of the NW 1/4 of the NW 1/4 of Section 19, T 40 N, R 15 W being described as follows: Commencing at the Corner common to Section 18 and Section 19, T 40 N, R 15 W on the Range Line; thence in a Southerly direction along said Range Line to the 662 Contour Line and the point of beginning; thence continuing along said Range Line in a Southerly direction to the 662 Contour Line; thence leaving said Range Line in a Southeasterly and Northeasterly direction along said 662 Contour Line to the point of beginning.

Also excepting a tract of land being a part of the NW 1/4 of the NW 1/4 of Section 19, T 40 N, R 15 W being described as follows: Commencing at the Corner common to Section 18 and Section 19, T 40 N, R 15 W on the Range Line; thence in an Easterly direction along the Line common to said Section 18 and Section 19 to the 662 Contour Line and the point of beginning; thence continuing along said Line common to Section 18 and Section 19 in an Easterly direction to the 662 Contour Line; thence leaving said line common to Section 18 and Section 19 in a Southwesterly, Westerly and Northwesterly direction along said 662 Contour Line to the point of beginning.

C. That Ward Three (3) in the City of Lake Ozark shall include that part of the City of Lake Ozark legally described as follows:

A tract of land situated in and being a part of Sections 19, 29, 30, 31 and 32, Township 40 North, Range 15 West, Miller County, Missouri, and Section 24 and 25, Township 40 North, Range 16 West, Camden County, Missouri, all in the City of Lake Ozark, Missouri, said tract being more particularly described as follows:

Beginning at the West 1/4 Corner of Section 19, T 40 N, R 15 W, thence in a Northeasterly direction to a point on the Shoreline of the Lake of the Ozarks on the 662 Contour Line at the corner common to tracts of land described by deeds recorded in Book 322, Page 421 and by Document Number 2007-4556 of the Records of Miller County, MO; thence leaving said Shoreline and said 662 Contour Line in a Northeasterly direction along the line common to said tracts of land described by deeds recorded in Book 321, Page 421 and by Document Number 2007-4556 to the corner common to tracts of land described by deeds recorded in Book 322, Page 421, Document Number 2005-4019 and Document Number 2007-4556 of said Records of Miller County, MO; thence leaving said line common to tracts of land described by deeds recorded in Book 322, Page 421 and by Document Number 2007-4556 in a Northerly direction along the line common to tracts of land described by deeds recorded in Book 322, Page 421 and by Document Number 2005-4019 of said Records of Miller County, MO and said line extended to the Centerline of Missouri Route "W"- Old U.S. Route 54, also known as Northshore Drive; thence leaving said line common to tracts of land described by deeds recorded in Book 322, Page 421 and by Document Number 2005-4019 and said line extended in a Southeasterly direction along said Centerline to the Southerly Line of the NE 1/4 of the NE 1/4 of Section 19, T 40 N, R 15 W; thence leaving said Centerline in an Easterly direction along the Southerly Line of said NE 1/4 of the NE 1/4 of Section 19 to the Easterly Right of Way Line of Business Route 54, also known as Bagnell Dam Boulevard; thence leaving said Southerly Line in a Southerly direction along said Easterly Right of Way Line to the Southerly Line of the NE 1/4 of said Section 19; thence leaving said Easterly Right of Way Line in a Westerly direction along said Southerly Line of the NE 1/4 of said Section 19 to its intersection with the City Limits Line of the City of Lake Ozark, Missouri; thence leaving said 1/4 Section Line in a Southwesterly direction along said City Limits Line to the 662 Contour Line of the Lake of the Ozarks; thence in a Southerly direction along said 662 Contour Line and said City Limits Line to the Easterly Line of the SW 1/4 of the SW 1/4 of said Section 19, T 40 N, R 15 W; thence along the Easterly Line of the SW 1/4 of the SW 1/4 of said Section 19 and the City Limits Line to the South Line of said Section 19; thence leaving said Easterly Line of the SW 1/4 of the SW 1/4 of Section 19 in an Easterly direction along the line common to Section 19 and Section 30, T 40 N, R 15 W, and the City Limits Line to the 662 Contour Line of the Lake of the Ozarks; thence leaving said line common to Section 19 and Section 30, along said 662 Contour Line, and the City Limits Line, in an Easterly and Northeasterly direction to a point near the Southerly end of Bagnell Dam; thence leaving said 662 Contour Line in a Southerly direction along said City Limits Line to a point on the Southerly Right of Way Line of an 80 foot wide road known as U.S. Highway Business Route 54 and also known as Bagnell Dam Boulevard as defined by an Annexation to the City of Lake Ozark, Ordinance 2008-07; thence along the Northerly Line of said Annexation as defined by said Ordinance 2008-07 in a generally Northeasterly direction to the Southerly Bank of the Osage River; thence continuing in a Northeasterly direction to a point 100 feet more or less from said Southerly Bank of the Osage River; thence in a Southeasterly direction 100 feet Northeasterly and parallel to said Bank of the Osage River to the South Line of the NW 1/4 of the NW 1/4 of Section 29, T 40 N, R 15 W; thence leaving said line 100 feet Northeasterly and parallel with the Southerly Bank of the Osage River in a Westerly direction along said South Line 100 feet to the Southerly Bank of the Osage River; thence leaving said South Line in a Southeasterly direction along said Southerly Bank of the Osage River to the Westerly Right of Way Line of U.S. Route 54; thence leaving said Southerly Bank of the Osage River in a Southerly direction along said Westerly Right of Way Line of U.S. Route 54 to the Northerly Right of Way Line of Bagnell Dam Boulevard; thence leaving said Westerly Right of Way Line of U.S. Route 54, in a Westerly Direction along said Northerly Right of Way Line of Bagnell Dam Boulevard to the line common to Lot 47 and Lot 48 extended of Arrowhead Beach Club, a subdivision recorded by plat at the Records of Miller County, MO, thence leaving said Northerly Right of Way Line in a Southerly direction along said line common to Lot 47 and Lot 48 extended and the line common to said Lot 47 and Lot 48 to the 662 Contour Line at the head of a Small Cove; thence leaving said line common to Lot 47 and Lot 48 in a Westerly and Northerly direction along said 662 Contour Line to the Easterly Line of a tract of land described by deed recorded in Book 587, Page 231 of the Records of Camden County, MO; thence leaving said 662 Contour Line along said Easterly Line and said Easterly Line extended in a Northerly direction to the Northerly Right of Way line of Old Missouri Route HH; thence leaving said Easterly line and said Easterly Line extended in a Northerly direction along said Right of Way Line Old Missouri Route HH and along the Easterly Right of Way Line of a Side Road Connection to the Southerly Right of Way Line of Horseshoe Bend Parkway formerly known as Missouri Route HH; thence leaving said Easterly Right of Way Line in an Easterly direction along said Southerly Right of Way Line to the Westerly Line of Block 2 of Horseshoe Bend Estates No. 1 as recorded in the Records of Camden County, MO; thence leaving said Southerly Right of Way Line in a Northwesterly direction along said Westerly Line of Block 2 to the 662 Contour Line of the Lake of the Ozarks; thence leaving said Southerly Line of Block 2 in a Northerly and Northeasterly direction along said 662 Contour Line to the line common to Miller County, Missouri and Camden County, Missouri, the line common to Range 15 West and Range 16 West and the Westerly City Limits Line of the City of Lake Ozark, Missouri; thence leaving said 662 Contour Line in a Northerly direction along said County Line, said Township Line and said Westerly City Limits Line to the point of beginning.

Excepting those tracts of land described as Exceptions by the City of Lake Ozark, MO Ordinance 2007-45 for annexation and described as follows A tract of land being a part of Block 1, "HORSESHOE BEND ESTATES NO. 1", a subdivision of record in Camden County, Missouri and recorded in Book 519, Pages 309 and 310, Camden County Records, Camden County, Missouri, more particularly described as follows: Beginning at the East Quarter Corner of Section 25, Township 40 North, Range 16 West; thence S 51° 04' 00" W, 1596.75 feet to the Westerly Right-of-Way Line of Business Route 54 to a point opposite Station 67+65, 75 feet right (a.k.a. Bagnell Dam Boulevard) and the Southerly Right-of-Way Line of Missouri Route HH; thence along said Westerly Right of Way Line the following courses: thence S 03° 28' 27" W, along a curve to the left, said curve having a radius of 1221.24 feet (1221.30 feet deed) and an arc length of 330.28 feet (373.96 feet deed) to a point opposite Station 70+75, 75 feet right; thence S 02° 21' 44" W (S 01° 03' 46" W deed), 55.65 feet to a point opposite Station 71+25, 90 feet right; thence S 14° 31' 14" E, along a curve to the left, said curve having a radius of 1236.24 feet (1236.30 feet deed) and an arc length of 80.89 feet (79.90 feet deed) to a point opposite Station 72+00, 90 feet right; thence S 35° 09' 08" E, 55.65 feet (S 36° 24' 17" E deed) to a point opposite Station 72+50, 75 feet right; thence S 20° 46' 08" E, along a curve to left, said curve having a radius of 1221.24 feet and an arc length of 202.44 feet to a point opposite Station 74+50, 75 feet right and the true point of beginning; thence leaving said Westerly Right-of-Way Line S 59° 44' 01" W, 50.00 feet; thence S 30° 15' 59" E, 30.00 feet; thence N 59° 44' 01" E, 50.37 feet to the Westerly Right-of-Way Line of Business Route 54; thence along said Westerly Right-of-Way Line N 31° 40" 26" W along a curve to the right, said curve having a radius of 1221.24 feet (1221.30 feet deed) and an arc length of 30.00 feet to the true point of beginning.

And also excepting a tract of land being a part of Block 1, "HORSESHOE BEND ESTATES NO. 1", a subdivision of record in Camden County, Missouri and recorded in Book 519, Pages 309 and 310, Camden County Records, Camden County, Missouri, more particularly described as follows: Beginning at the East Quarter Corner of Section 25, Township 40 North, Range 16 West; thence S 51° 04' 00" W, 1596.75 feet to the Westerly Right-of-Way Line of Business Route 54 to a point opposite Station 67+65, 75 feet right (a.k.a. Bagnell Dam Boulevard) and the Southerly Right-of-Way Line of Missouri Route HH; thence along said Westerly Right-of-Way Line along the following courses: thence S 03° 28' 27" W, along a curve to the left, said curve having a radius of 1221.24 feet (1221.30 feet deed) and an arc length of 330.28 feet (373.96 feet deed) to a point opposite Station 70+75, 75 feet right; thence S 02° 21' 44" W (S 01° 03' 46" W deed), 55.65 feet to a point opposite Station 71+25, 90 feet right; thence S 14° 31' 14" E along a curve to the left, said curve having a radius of 1236.24 feet (1236.30 feet deed) and an arc length of 80.89 feet (79.90 ft. deed) to a point opposite Station 72+00, 90 feet right; thence S 35° 09' 08" E, 55.65 feet (S 36° 24' 17" E deed) to a point opposite Station 72+50, 75 feet right; thence S 20° 46" 08" E along a curve to the left, said curve having a radius of 1221.24 feet and an arc length of 330.07 feet to a point opposite Station 75+15.71, 75 feet right and the true point of beginning; thence continuing along said curve to the left, said curve having a radius of 1221.24 feet and an arc length of 49.82 feet to the Northerly Line of tract as described in Book 206, Page 571, Camden County Records; thence leaving said Westerly Right-of-Way Line along the Northerly Line of said tract S 85° 36' 25" W, 38.55 feet to the Northwesterly Corner of said tract; thence leaving said tract S 56° 04' 59" W, 17.47 feet; thence N 33°55' 01" W, 30.81 feet; thence N 56° 04' 59" E, 50.00 feet to the true point of beginning.