IN THE CIRCUIT COURT OF THE 23rd JUDICIAL CIRCUIT OF MISSOURI AT HILLSBORO, JEFFERSON COUNTY, MISSOURIJEFFERSON COUNTY, MISSOURI, Plaintiff, Cause No. 24JE-CC00102 v. (Parcel 2) BLUE OCEAN PARTNERS, LLC, Serve Registered Agent at: Registered Agents, Inc. 30 N. Gould Street, Suite R Sheridan, WY 82801 STEVEN SWIM Serve at: 1711 Black Birch Dr. Apt-6 Chesterfield MO, 63017, STEPHANIE SWIM Serve at: 1711 Black Birch Dr. Apt-6 Chesterfield MO, 63017, SHARON A. KOST Delinquent Tax Trustee for Jefferson County, Missouri Serve at: Jefferson County Clerk 729 Maple Street Hillsboro, MO 63050 (Parcel 3) CARRIE L. WESTBROOK, Serve at: 5420 Cinphany Ct. High Ridge, MO 63049 THOMAS WESTBROOK, Serve at: 5420 Cinphany Ct. High Ridge, MO 63049, MATTHEW R. SWIM Serve at: 8810 Oermann Rd Dittmer, MO 63023 and (Parcels 2 & 3) MICHELLE WORTH, Collector of Revenue for Jefferson County, Missouri, Serve at: Jefferson County Clerk 729 Maple Street Hillsboro, MO 63050 Defendants.CONDEMNATION PETITIONCOMES NOW, Plaintiff, Jefferson County, Missouri, and, for its Petition in Condemnation, states as follows: 1. Plaintiff, Jefferson County, Missouri, (hereafter sometimes "Plaintiff') at all times hereinafter mentioned was and is now a body corporate and politic and a political subdivision of the State of Missouri, duly organized under a special charter in accordance with the provisions of Article VI, Section 18, of the Constitution of the State of Missouri, with all the powers and duties of counties prescribed by the Constitution and laws of the State of Missouri and the Charter and Ordinances of Jefferson County, Missouri. 2. Upon information and belief, Defendant Blue Ocean Partners, LLC, is a foreign Limited Liability Company. 3. Defendant Blue Ocean Partners, LLC, is the owner of record of a certain parcel and tract of land, currently having a parcel identification number of 03-6.0-24,0-2-002-001.01, in unincorporated Jefferson County, Missouri and described herein, and denoted as Parcel 2 as part of the Hunning Road Safety Improvements Project (hereafter "the Improvements") which parcel and rights in said parcel are necessary to the installation of the Improvements. 4. Defendant Sharon A. Kost is the Delinquent Tax Trustee for Jefferson County, Missouri. 5. Defendant Sharon A. Kost was the grantor of a Trustee's Deed to Defendant Blue Ocean Partners, LLC, respecting Parcel 2; said Trustee's Deed being recorded as document number 2020R-012506 of the Jefferson County, Missouri, Land Records. 6. Defendants Steven Swim and Stephanie Swim were owners of Parcel 2 at the time of the transfer of Parcel 2 to the Delinquent Tax Trustee and may claim an interest therein. 7. Defendant Carrie L. Westbrook is the owner of record of a certain parcel and tract of land situated in Jefferson County, Missouri, having an address of 5350 Hunning Road (currently having a parcel identification number of 03-6.0-24.0-2-002-001) in unincorporated Jefferson County, Missouri and described herein, and denoted as Parcel 3 as part of the Improvements which parcel and rights in said parcel are necessary to the installation of the Improvements. 8. Upon information and belief Defendant Thomas Westbrook is the husband of Defendant Carrie L. Westbrook and may, as such, claim rights in Parcel 3. 9, Defendant Matthew R. Swim is the holder of a Deed of Trust against Parcel 3, recorded as document number 2013R-039705, of the Jefferson County, Missouri, Land Records. 10. Defendant Michelle Worth is the Collector of Revenue for Jefferson County, Missouri and has, by virtue of that Office, a right to enforce the County's lien for real estate taxes against Parcels 2 and 3. 11. The Improvements include, but are not limited to, work to improve the public safety of an approximately 1050-foot stretch of Hunning Road starting just to the east of the intersection of Cheryl Court with Hunning Road. 12. The Improvements will include new horizontal and vertical alignment of Hunning Road, widening of lanes, a four-foot shoulder on both sides of the Road, the addition of guardrails with crash worthy end terminals, removal of an existing box culvert and replacement of the same with a hydraulically sufficient culvert, and signage and striping. 13. Plaintiff sent correspondence, via certified mail, including a notice of intended acquisition pursuant to Section 523.250, RSMo., to the owner of Parcel 2, as reflected in the County Assessor's records, Defendant Blue Ocean Partners, LLC, and to Defendants Steven Stephanie Swim. 14. Plaintiff sent an offer, via certified mail, pursuant to Section 523.253, RSMo., along with an appraisal, to the owner of Parcel 2, as reflected in the County Assessor's records, Defendant Blue Ocean Partners, LLC, and to Defendants Steven & Stephanie Swim. 15. Plaintiff and those Defendants cannot agree upon the proper compensation to be paid. 16. Plaintiff sent correspondence, via certified mail, including a notice of intended acquisition pursuant to Section 523.250, RSMo., to the owner of Parcel 3, as reflected in the County Assessor's records, Defendant Carrie L. Westbrook. 17. 'Plaintiff sent an offer, via certified mail, pursuant to Section 523.253, RSMo., along with an appraisal, to the owner of Parcel 3, as reflected in the County Assessor's records, Defendant Carrie L. Westbrook. 18. Plaintiff and Defendant Carrie L. Westbrook cannot agree upon the proper compensation to be paid. 19. Plaintiff, pursuant to Article III, Section 3,4.2.8., of the Home Rule Charter of Jefferson County, Missouri, is empowered to acquire property by eminent domain in accordance with Missouri Law. 20. Plaintiff's Public Works Director, through his designees, has prepared detailed right of way plans for the Improvements, and showing the roadway, limitations of access and type and character of construction of the part of said Hunning Road for which properties or rights are being condemned. 21. Said detailed right of way plans contain a vicinity map and show the location of the roadway through or by the lands in which the Defendants claim interest, and show the lands and rights being acquired. The lands and rights being condemned or affected by this proceeding are taken in compliance with law and are as shown on said plans; and for a more accurate and perfect description of said parcels of land and the rights over them, or interest sought to be acquired, reference is hereby made to said right of way plans. A copy of said right of way plans is filed herewith in the Circuit Clerk's Office and made a part of this Condemnation Petition by reference. 22. Plaintiff has enacted Ordinance 23-0503 authorizing the use of the power of eminent domain through condemnation, and directing the County Counselor to acquire by negotiation, purchase, gift, or condemnation, the tracts and parcels of land hereinafter described. 23. It is necessary for the public purpose of the proper and economical construction and maintenance of the Improvements, and other work related thereto, that lands, property, and rights indicated on said detailed plans, and as set out herein, be acquired, and Plaintiff has in compliance with law so found, determined and declared, and has ordered and directed its County Counselor to purchase or condemn them, and they are being condemned as herein next set out, to-wit:23.a. (Hunning Road Safety Improvements, Parcel 2, Parcel ID: 03-6.0-24.0-2-002-001.01) All lands, properties, title or interest, ownership of, or legal rights in which are claimed by Defendants Blue Ocean Partners, LLC, Steven Swim, Stephanie Swim, the Delinquent Tax Trustee and the Collector of Revenue for Jefferson County, Missouri, to wit: A TEMPORARY CONSTRUCTION EASEMENT (TCE) being part of a tract of land being Lot 3A of "'Boundary Line Adjustment Lots 1, 2, 3, 4, 5, Part of Lots 6 & 7, Valley View Drive and Shady Valley Drive of Hunning Hills Mobile Home Park", Plat Book 254, Page 6 and . being property now or formerly owned by Blue Oceans Partners, LLC as recorded by Document Number 2020R-012506 of the Jefferson County, Missouri records and being more particularly described as follows: Commencing at the Easternmost corner of said Lot 3A of "Boundary Line Adjustment Lots 1, 2, 3, 4, 5, Part of Lots 6 & 7, Valley View Drive and Shady Valley Drive of Hunning Hills Mobile Home Park", Plat Book 254, Page 6 of the Jefferson County, Missouri records; Thence along the Southeast line of said Lot 3A, South 36 degrees 20 minutes 52 seconds West, 21.61 feet to the Point of Beginning of the tract of land described herein; Thence continuing along said Southeast line of Lot 3A, South 36 degrees 20 minutes 52 seconds West, 15.13 feet to a point; Thence leaving said Southeast line of said Lot 3A, North 46 degrees 10 minutes 42 seconds West, 90.08 feet to a Southeast line of "Hunning Hills Mobile Park" as recorded in Plat Book 89, Page 2 of the Jefferson County, Missouri records; Thence along said Southeast line of "Hunning Hills Mobile Park", North 60 degrees 23 minutes 16 seconds East, 15.65 feet to a point; Thence leaving said Southeast line of "Hunning Hills Mobile Park", South 46 degrees 10 minutes 42 seconds East, 83.65 feet to the Point of Beginning, and containing 1,303 square feet, more or less, according to calculations by EFK Moen, LLC. A PERMANENT DRAINAGE EASEMENT (PDE) being part of a tract of land being Lot 3A of "Boundary Line Adjustment Lots 1, 2, 3, 4, 5, Part of Lots 6 & 7, Valley View Drive and Shady Valley Drive of Hunning Hills Mobile Home Park", Plat Book 254, Page 6 and being property now or formerly owned by Blue Oceans Partners, LLC as recorded by Document Number 2020R-012506 of the Jefferson County, Missouri records and being more particularly described as follows: Commencing at the Easternmost corner of said Lot 3A of "Boundary Line Adjustment Lots 1, 2, 3, 4, 5, Part of Lots 6 & 7, Valley View Drive and Shady Valley Drive of Hunning Hills Mobile Home Park", Plat Book 254, Page 6 of the Jefferson County, Missouri records; Thence along the Southeast line of said Lot 3A, South 36 degrees 20 minutes 52 seconds West, 6.49 feet to the Point of Beginning of the tract of land described herein; Thence continuing along said Southeast line of Lot 3A, South 36 degrees 20 minutes 52 seconds West, 15.13 feet to a point; Thence leaving said Southeast line of said Lot 3A, North 46 degrees 10 minutes 42 seconds West, 83.65 feet to a Southeast line of*' Hunning Hills Mobile Park" as recorded in Plat Book 89, Page 2 of the Jefferson County, Missouri records; Thence along said Southeast line of "Hunning Hills Mobile Park', North 60 degrees 23 minutes 16 seconds East, 8.61 feet to the Northernmost corner of said Lot 3A; Thence along the Northeast line of said Lot 3A, South 52 degrees 36 minutes 44 seconds East, 60.25 feet to a point; Thence leaving said Northeast line of Lot 3A, South 46 degrees 10 minutes 42 seconds East, 19.36 feet to the Point of Beginning, and containing 1,011 square feet, more or less, according to calculations by EFK Moen, LLC. A RIGHT-OF-WAY (ROW) being part of a tract of land being Lot 3A of "Boundary Line Adjustment Lots 1, 2, 3, 4, 5, Part of Lots 6 & 7, Valley View Drive and Shady Valley Drive of Hunning Hills Mobile Home Park", Plat Book 254, Page 6 and being property now or formerly owned by Blue Oceans Partners, LLC as recorded by Document Number 2020R-012506 of the Jefferson County, Missouri records and being more particularly described as follows: Beginning at the Easternmost corner of said Lot 3A of "Boundary Line Adjustment Lots 1, 2, 3, 4, 5, Part of Lots 6 & 7, Valley View Drive and Shady Valley Drive of Hunning Hills Mobile Home Park", Plat Book 254, Page 6 of the Jefferson County, Missouri records; Thence along the Southeast line of said Lot 3A, South 36 degrees 20 minutes 52 seconds West, 6.49 feet to a point; Thence leaving said Southeast line of said Lot 3A, North 46 degrees 10 minutes 42 seconds West, 19.36 feet to the a point on a Northeast line of said Lot 3A; Thence along said Northeast line of said Lot 3A the following courses and distances: South 52 degrees 36 minutes 44 seconds East, 1.01 feet to a point and South 66 degrees 00 minutes 44 seconds East, 18.62 feet to the Point of Beginning, and containing 60 square feet, more or less, according to calculations by EFK Moen, LLC.23.b. (Hunning Road Safety Improvements, Parcel 3, Parcel ID: 03-6.0-24,0-2-002-001) All lands, properties, title or interest, ownership of, or legal rights in which are claimed by Defendants Carrie L. Westbrook, Thomas Westbrook, Matthew R. Swim, and the Collector of Revenue for Jefferson County, to wit: RIGHT-OF-WAY (ROW) BEING ALL OF A TRACT OF LAND BEING LOT 1A OF "BOUNDARY LINE ADJUSTMENT LOTS 1, 2, 3, 4, 5, PART OF LOTS 6 & 7, VALLEY VIEW DRIVE AND SHADY VALLEY DRIVE OF HUNNING HILLS MOBILE HOME PARK", PLAT BOOK 254, PAGE 6 AND BEING PROPERTY NOW OR FORMERLY OWNED BY CARRIE L. WESTBROOK AS RECORDED BY DOCUMENT NUMBER 2013R-039704 OF THE JEFFERSON COUNTY, MISSOURI RECORDS AND CONTAINING 34,784 SQUARE FEET, MORE OR LESS, ACCORDING TO CALCULATIONS BY EFK MOEN, LLC. 24. Upon completion and acceptance of the Improvements, the temporary construction easement rights described above shall cease and no longer be in effect. 25. All the lands and properties which are being condemned or rights in which are being affected or extinguished, which are described herein, lie in Jefferson County, Missouri. 26. That the several parcels of land described herein are, in each instance, parts of larger parcels of land lying in one body or contiguous body claimed by the respective Defendants; the entire parcel, in each instance, is used in connection with the respective parts being condemned. WHEREFORE, Plaintiff prays that the land, properties or rights herein described be and stand condemned for the use herein set out; that three disinterested freeholders, residents of Jefferson County, Missouri, be appointed as Commissioners to ascertain and assess the damages, if any, which the owners of said parcels of land or interests therein may sustain and the just compensation, if any, to which they may be entitled in consequence of the construction and maintenance of the public improvements herein described, taking into consideration in determining said damages for compensation, the benefits to be derived by the Defendants, as well as the damages sustained by reason of the construction of said public improvements and Plaintiff further prays for all proper orders, judgments and decrees. Respectfully submitted, OFFICE OF THE COUNTY COUNSELOR /s/ /s/ Jason L. Cordes #52847 Assistant County Counselor-Jefferson County a 729 Maple Street, P.O. Box 100 Hillsboro, Missouri 63050 g (636) 797-5072 o (636) 797-5506 Fax jcordes@jeffcomo.org 2593044 Jeff. Co Mar. 22, 2024