IN THE CIRCUIT COURT OF TANEY COUNTY, MISSoulO1a JAN 19 AM 5: 57

DOUGLAS L. COVERDELL andCOVERDELL ENTERPRISES, INC.,

rJ:"i.i... i:. ... r , *. r\!

CIRCu·!'·' "l' t-""-;'TAlJEv "" "r·~ I COUNTY, MisSOURI

Plaintiffs,

)))))))))))

Case No,: 03CV737034v.

THE EMPIRE DISTRICT ELECTRICCOMPANY,

Defendant.

JUDGMENT

Douglas L. Coverdell and Coverdell Enterprises, Inc., appear by and through their

attorneys, Robert W. Cockerham and James H. Arneson, and The Empire District Electric

Company, appears by and through its attorney, Mark Fletcher. Jury trial proceeds and JURY

VERDICT is entered in favor of Douglas L. Coverdell.

In accordance with the evidence presented including the testimony of the witnesses and

the exhibits offered and admitted, arguments, agreements, and stipulations of the parties and their

attorneys, and the JURY VERDICT, this Court enters JUDGMENT in favor of Douglas L.

Coverdell and Coverdell Enterprises, Inc., and in addition, in accordance with the agreements

and stipulations entered into by the parties and their attorneys, it is therefore:

ORDERED, ADJUDGED, AND DECREED that Douglas L. Coverdell shall be and

hereby is declared to be the owner, in fee simple absolute, of the following described property

- .• ".- - •.... __ ._-- .....:. -.. ~-.-._--." .... --"-_ ... -' _." .._-.---- ---_. -- ..---=--=--- ::--- .:.--": .. - -.- _ .... -. ".. ---" .-. -.-.- - ------.--..:-..:....---.--~

JUDGMENT IN FAVOR: OF DOUGLAS L. COVERDELL AND COVERDELL ENTERPRISES, INC.Page 1 of3

located in Taney County, Missouri:

All that part of the SEy,; of the NWy,; situate on the right bank of RoarkCreek and that part of the NE~ of the SW~ in Section 33, Township 23, Range21, EXCEPT a tract of land more particularly described as beginning at the NEcomer of Park Addition to the City of Branson, Missouri, thence North 2°19'West to the Southerly bank of Roark Creek; thence in a Southerly directionwith the Easterly and Southerly bank of said Roark Creek to the Northerly line ofsaid Park Addition; thence Easterly to the point of beginning; all bearings beingreferenced to the centerline of Sycamore Street as being due North and South.

The Court further ORDERS, ADJUDGES, AND DECREES that no other party has any

simple absolute by Douglas L. Coverdell and that a certified copy of this JUDGMENT shall be

claim of right, title, or interest whatsoever in or to the above-described property owned in fee

recorded in the Office of the Recorder of Deeds for Taney County, Missouri. It is further:

ORDERED, ADJUDGED, AND DECREED that Coverdell Enterprises, Inc. shall be and

hereby is declared to be the owner, in fee simple absolute, of the following described property

located in Taney County, Missouri:

A parcel of land situated in the NE4 of the SW4 and the SE4 of the NW4of Section 33, Township 23 North, Range 21 West, City of Branson, TaneyCounty, Missouri, as per general warranty deed and being described as follows:

Commencing at the Northeast comer of Park addition to the City ofBranson, Missouri; thence N 02~9'46" W along the established property line (asper survey of E.G. Nightengale, Book 13, Page 16) 27.80 feet to a set rebar beingthe point of beginning, thence continue N 02~9'46" W 749.81 feet to a referencepoint on the top bank of the mouth of Roark Creek, thence continuing N02°29'46" W to the fluctuating waters edge of said Roark Creek, thence easterlyand southerly along the fluctuating waters edge of Roark Creek and LakeTaneycomo to a point being S 89°41'34" E of the point of beginning, thence N89°41 '34" W to a set rebar being a reference point on the bank of said LakeTaneycomo, thence N 89°41'34" W 242.06 feet to the point of beginning.

The Court further ORDERS, ADJUDGES, AND DECREES that no other party has any

•.•. __ .• _ .--00' ••••.••. __~

JUDGMENT IN FAVOR OF DOUGLAS L. COVERDELL AND COVERDELL"ENTERPRISES, INC.Page 2 of3

I

claim of right, title, or interest whatsoever in or to the above-described property owned in fee

simple absolute by Coverdell Enterprises, Inc. and that a certified copy ofthis JUDGMENT shall

be recorded in the Office of the Recorder of Deeds for Taney County, Missouri. Finally, it is:

ORDERED, ADJUDGED, AND DECREET) that this JUDGMENT disposes of all issues

among the parties relating to the above-described property, and the costs of this proceeding shall

be taxed against The Empire District Electric Company.

SO ORDERED: ~The Honorable Gerald McBeth

,..

DATED: L-J _---'-I----!'1!C.....--=....o----!0!..-· _

cc: All Attorneys of RecordI

-- ..._ ...-...•.•-_.._--- ...._.... -;.¥.-, .•.----.- .. -.--.~-: ",".- .. "'~ : ~.~.•.... -.••.. :::..•:.•... -'

JUDGMENT IN FAvoRl OF DOUGLAS L. COVERDELL AND COVERDELL ENTERPRISES, INC.. Page 3 of3

...•.•• -~:-.--=-- "':'---'-'~"-4-'1--

i

r-----------------------------------------------