HomeMy WebLinkAboutOrd.125.03-04-1984 1 �� ~ { • � � ' gp��K ��C� �-��;� ���
BILL NO. 84-9 ORDINANCE NO. 125 _
AN ORDINANCE VACATING PORTIONS OF VARIOUS
PUBLIC STREETS AND ALLEYS IN THE CITY OF CAPE�
GIRARDEAU, MISSOURI, IN THE VICINITY OF THE
SOUTHEAST MISSOURI STATE UNIVERSITY CAMPUS
AND AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT WITH SOUTHEAST MISSOURI
STATE UNIVERSITY PERTAINING TO THESE VACATED
STREETS AND ALLEYS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
SECTION l. The following described portions of public
streets and alleys:
l. That part of Out Lot No. 7 and that part of Out Lot No.
29, Township 31 North, Range 14 East, City and County
of Cape Girardeau, State of Missouri, being an area,
12 . 5 feet either side of and parallel and adjacent to
the following described center line:
Start at the intersection of the West line of Pacific
Street and the North line of Normal Avenue; thence
North 81° 00 ' West, 573 . 7 feet, with the North line of
said Normal Avenue, to the place of beginning; thence
South 9° 00 ' West, 20. 3 feet; thence South 51° 59 '
West, 184 . 13 feet, to a point on the South line of
Normal Avenue, and there terminating. �
2 . That part of Out Lot 29, Township 31 North, Range 14
East, City and County of Cape Girardeau, State of
Missouri, being an area 12. 5 feet, either side of and
parallel and adjacent to the following described center
line:
Start at the intersection of the North line of Normal
Avenue and the East line of Henderson Street; thence
North 9° 00 ' East, with the East line of Henderson
Street, 470. 1 feet, to the place of beginning; thence
North 82° 14 ' West, 60 . 05 feet, to a point on the West
line of said Henderson Street, and there terminating.
3 . That part of Out Lot No. 37, Township 31 North, Range
14 East, City and County of Cape Girardeau, State of
Missouri, being an area, 12 . 5 feet either side of and
parallel and adjacent to the following described center
line:
Start at the intersection of the East line of Henderson
Street and the South line of New Madrid Street; thence �
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South 81° 00 ' East, with the South line of New Madrid
Street, 141. 4 feet, to the place of beginning; thence
North 21° 22 ' East, 81. 90 feet, to a point on the North
line of New Madrid Street and there terminating.
4 . That part of Out Lot "A" in Township 31 North, Range 14
East, City and County of Cape Girardeau, State of
Missouri, being an area, 12. 5 feet, either side of and
parallel and adjacent to the following described center
line:
Start at the Northwest Corner of Lot No. 2 of Block No.
4 of Matteson Terrace, being a subdivision within the
City of Cape Girardeau; thence South 9° 00 ' West, with
the West line of said Lot No. 2, being also the East
side of a 15. 0 foot wide alley, 13. 1 feet, to the place
of beginning; thence North 81° 00 ' West, 15. 0 feet, to
a point on the West line of said alley, and there
terminating.
5 . That part of Out Lot No. 30, Township 31 North, Range
14 East, City and County of Cape Girardeau, State of
Missouri, being an area, 12. 5 feet, either side of and
parallel and adjacent to the following described center
line:
Start at the intersection of the North line of Normal
Avenue and the West line of Pacific Street; thence
North 9° 00 ' East, with the West line of Pacific Street,
412. 3 feet, to the place of beginning; thence South 83°
38 ' East, 60 . 06 feet, to a point on the East line of
said Pacific Street, and there terminating.
6 . That part of Out Lot No. 6, Township 31 North, Range 14
East, City and County of Cape Girardeau, State of
Missouri, being an area, 12. 5 feet, either side of and
parallel and adjacent to the following described center
line:
Start at �he intersection of the East line of Pacific
Street and the North line of Watkins Street; thence
South 81° 00 ' East, with the North line of Watkins
Street, 51. 2 feet, to the place of beginning; thence
South 9° 00 ' West, 50. 0 feet, to a point on the South
line of Watkins Street and there terminating.
7 . That part of Out Lot No. 6, Township 31 North, Range 14
East, City and County of Cape Girardeau, State of
Missouri, being an area, 12. 5 feet, either side of and
parallel and adjacent to the following described
center line:
Start at the intersection of the South line of Normal
Avenue and the East line of Pacific Street; thence
2.
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South 9° 00 ' West, with the East line of Pacific Street,
154 . 0 feet, to the place of beginning; thence North 81°
00 ' West, 60 . 0 feet, to a point on the East line of
said Pacific Street and there terminating.
be and the same are hereby vacated upon compliance with the
conditions set forth in this ordinance.
SECTION 2. All of each tract of the above vacated property
shall be subject to a perpetual easement or right-of-way in favor
of the City of Cape Girardea.u, Missouri, or its assigns,�for the
construction, maintenance, repair, relocation and operation of
streets, sidewalks, sanitary sewers, storm sewers, telephone
poles, lines, and appurtenances, and gas, water, electrical, and
cable television lines, pipes, poles, and appurtenances or any
other public purpose and no permanent building or structure shall
be located within or upon said easements.
SECTION 3 . Section 1 of this ordinance shall not become
effective until a deed for the easements mentioned in this or-
dinance is tendered to the City and said deed is approved as to
form and content by the City Attorney. The City Attorney is
authorized to cause said deed to be accepted for and on behalf of
the City by causing the deed to be recorded upon conditions in
Section 4 being satisfied.
SECTION 4 . The City Manager, on behalf of the City of Cape
Girardeau, Missouri, is hereby authorized to enter into an agree-
ment with Southeast Missouri State University, a copy of which is
attached to this ordinance and made a part hereof. Section 1 of
this ordinance shall not become effective until this agreement is
entered into.
SECTION 5. This ordinance shall be in full force and effect
ten days after its passage and approval except that Section 1
shall not be effective until the conditions set forth in Sections
3 and 4 are complied with.
PASSED AND APPROVED THIS �'��� DAY OF ��(.t.cdt.,c�� . ,
198�_.
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Howard C. Tooke, Mayor
ATTEST:
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Verna L. Landis, City Clerk = ,�' � �!
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STATE OF MISSOURI )
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COUNTY OF CAPE GIRARDEAU )
On this �.5� day of �G y(,u1�N c , 198�, before me
appeared Howard C. Tooke, to me person ly known, who, being by
me duly sworn, did say that he is the Mayor of the City of Cape
Girardeau, Missouri, a Municipal Corporation of the State of
Missouri, and that the seal affixed to the foregoing instrument
is the seal of said City and that the said instrument was signed
and sealed in behalf of said City by authority of its City Council
and acknowledged said instrument to be the free act and deed of
said City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seal, at my office in Cape Girardeau, Missouri, the
day and year first above written.
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_ Delores G. Needham, Notary Public
My Commission Expires:
October 8, 1984
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STATE OF MISSOURI )
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COUNTY OF CAPE GIRARDEAU ) g'�' " �,��� - � ���
On this day of , 198 , before me
appeared Gary A. Eide, to me personally known, who, being by me
duly sworn, did say that he is the City Manager of the City of
Cape Girardeau, Missouri, a Municipal Corporation of the State of
Missouri, and that the seal affixed to the foregoing instrument
is the seal of said City and that the said instrument was signed
and sealed in behalf of said City by authority of its City Council
and acknowledged said instrument to be the free act and deed of
said City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seal, at my office in Cape Girardeau, Missouri, the
day and year first above written.
Delores G. Needham, Notary Public
My Commission Expires:
October 8, 1984
STATE OF MISSOURI )
) ss .
COUNTY OF CAPE GIRARDEAU )
On this day of , 198 , before me
appeared , to me personally
known, who, being by me duly sworn, did say that he is the
of Southeast Missouri State
University, and that the seal affixed to the foregoing instrument
is the official seal of said Southeast Missouri State University,
and that the said instrument was signed and sealed in behalf of
said University by authority of its
and acknowledged said instrument to be the free
act and deed of said University.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seal, the day and year first above written.
[Typed Name of Notary Public]
My Commission Expires:
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EA5EMENT
KNOW ALL MEN BY THESE PRESENTS: Southeast Missouri State
University in consideration of the sum of One Dollar ($1. 00) and
other good and valuable consideration, does hereby grant, bargain,
sell and convey to the City of Cape Girardeau, Missouri, a
Municipal Corporation, the right, privilege, permission and
authority to enter on and upon, for the purposes hereinafter
stated, the following described tracts of land located in the
City and County of Cape Girardeau, Missouri :
l. That part of Out Lot No. 7 and that part of Out Lot No.
29, Township 31 North, Range 14 East, City and County
of Cape Girardeau, State of Missouri, being an area,
12. 5 feet either side of and parallel and adjacent to
the following described center line:
Start at the intersection of the West line of Pacific
Street and the North line of Normal Avenue; thence
North 81° 00 ' West, 573. 7 feet, with the North line of
said Normal Avenue, to the place of beginning; thence
South 9° 00 ' West, 20 . 3 feet; thence South 51° 59 '
West, 184 . 13 feet, to a point on the South line of
Normal Avenue, and there terminating.
2 . That part of Out Lot 29, Township 31 North, Range 14
East, City and County of Cape Girardeau, State of
Missouri, being an area 12. 5 feet, either side of and
parallel and adjacent to the following described center
line:
Start at the intersection of the North line of Normal
Avenue and the East line of Henderson Street; thence
North 9° 00 ' East, with the East line of Henderson
Street, 470. 1 feet, to the place of beginning; thence
North 82° 14 ' ,^�est, Ei0 . 05 =eet, co a poirlt ori ti�e West
line of said Henderson Street, and there terminating.
3 . That part of Out Lot No. 37 , Township 31 North, Range
14 East, City and County of Cape Girardeau, State of
Missouri, being an area, 12 . 5 feet either side of and
parallel and adjacent to the following described center
line:
Start at the intersection of the East line of Henderson
Street and the South line of New Madrid Street; thence
South 81° 00 ' East, with the South line of New Madrid
Street, 141. 4 feet, to the place of beginning; thence
North 21° 22 ' East, 81. 90 feet, to a point on the North
line of New Madrid Street and there terminating.
4 . That part of Out Lot "A" in Township 31 North, Range 14
East, City and County of Cape Girardeau, State of
Missouri, being an area, 12 . 5 feet, either side of and
parallel and adjacent to the following described center
line:
Start at the Northwest Corner of Lot No. 2 of Block No.
4 of Matteson Terrace, being a subdivision within the
City of Cape Girardeau; thence South 9° 00 ' West, with
the West line of said Lot No. 2, being also the East
side of a 15. 0 foot wide alley, 13 . 1 feet, to the place
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of beginning; thence North 81° 00 ' West, 15. 0 feet, to
a point on the West line of said alley, and there
terminating.
5. That part of Out Lot No. 30, Township 31 North, Range
14 East, City and County of Cape Girardeau, State of
Missouri, being an area, 12 . 5 feet, either side of and
parallel and adjacent to the following described center
line:
Start at the intersection of the North line of Normal
Avenue and the West line of Pacific Street; thence
North 9° 00 ' East, with the West line of Pacific
Street, 412. 3 feet, to the place of beginning; thence
South 83° 38 ' East, 60 . 06 feet, to a point on the East
line of said Pacific Street, and there terminating.
6 . That part of Out Lot No. 6, Township 31 North, Range 14
East, City and County of Cape Girardeau, State of
Missouri, being an area, 12 . 5 feet, either side of and
parallel and adjacent to the following described center
line:
Start at the intersection of the East line of Pacific
Street and the North line of Watkins Street; thence
South 81° 00 ' East, with the North line of Watkins
Street, 51. 2 feet, to the place of beginning; thence
South 9° 00 ' West, 50 . 0 feet, to a point on the South
line of Watkins Street and there terminating.
7 . That part of Out Lot No. 6 , Township 31 North, Range 14
East, City and County of Cape Girardeau, State of
Missouri, being an area, 12 . 5 feet, either side of and
parallel and adjacent to the following described center
line:
Start at the intersection of the South line of Normal
Avenue and the East line of Pacific Street; thence
South 9° 00 ' West, with the East line of Pacific
Street, 154 . 0 feet, to the place of beginning; thence
North 81° 00 ' West, 60 .0 feet, to a point on the East
line of said Pacific Street and there terminating.
The right, privilege, permission and authority to enter on
and upon the above described lands is irrevocable and is granted
for the purpose of enabling the City, its agents, servants and
assigns to construct, maintain, repair, relocate and operate
streets, sidewalks, sanitary sewers, storm sewers, telephone
poles, lines, and appurtenances, and gas, water, electrical, and
cable television lines, pipes, poles and appurtenances or for any
other public purpose.
No building or structure shall be located within or upon the
above described land.
This easement shall run with the land and inure to and be
binding upon the successors in title of the respective parties.
IN VJITIVESS ln1HER�OF, the undersigned has executed this easement
this 2nd day of MarCh , 1984 .
SOUTHEAST MISSOURI STATE UNIVERSITY
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ATTEST: �:�. Z � �; �. � i_; ���
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, � �� > Bill W. Stacv, Pre ident
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'�Secretary, Boar� of Reqents
[Typed Name and Title of Signer]
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STATE OF MISSOURI ) �����'� ��U :��;r���.(�
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COUNTY OF CAPE GIRARDEAU )
On this �``�
� day of ��,�(>� , lgg� before me
appeared �� L /�) ,�T� � �,� , to me personally
known, whr�, being by me duly sworn, did say that he is the
r���-������` � of Southeast Missouri State
University, and that the seal affixed to the foregoing instrument
is the official seal of said Southeast Missouri State University,
and that the said instrument was signed and sealed in behalf of
said University by authority of its Board of Regents
and acknowledged said instrument
to be the free act and deed of said University.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seal, the day and year first above written.
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Jackie S. Fitch
[Typed Name of Notary Public)
My Commission Expires:
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; STATE OF MISSOURI � SS In the Recorder's Office ;'
,': County of Cape Girardeau, , F
� I, JANET ROBERT, Recorder of Said County, do hereby certify that the within instrument of !';
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writing was, at 8 o'clock and 16 minutes A• 1�2., on the E
��
13th day of March , A. D., 19 84 duly filed for record in �
my office, and is recorded in the records of this office,in book 418 at page 192 .
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed my o ficial seal at
Jackson, Mo., the date first above written. �
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By ,Deputy Recorder !�
JANET OBERT
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AGREEMEN^1
This Agreement, made and entered into this �� day of
�b ww�r � , 1984, by and between the City of Cape
Girardeau, issouri, a Municipal Corporation, hereinafter re-
ferred to as "City" , and Southeast Missouri State University,
State of Missouri, hereinafter referred to as "University. "
WITNESSETH:
WHEREAS, the University desires to acquire an ownership
interest in certain strips of land across certain public streets
and alleys and has requested the City to vacate these strips of
land; and
WHEREAS, the City has reviewed and is willing to grant the
University' s request provided the interests of the City and
traveling public are protected;
NOW, THEREFORE, it is agreed between the parties hereto as
follows:
l. The City agrees to vacate the following described
portions of public streets and alleys:
1. That part of Out Lot No. 7 and that part of Out Lot No.
29, Township 31 North, Range 14 East, City and County
of Cape Girardeau, State of Missouri, being an area,
12 . 5 feet either side of and parallel and adjacent to
the following described center line:
Start at the intersection of the West line of Pacific
Street and the North line of Normal Avenue; thence
North 81° 00 ' West, 573 . 7 feet, with the North line of
said Normal Avenue, to the place of beginning; thence
South 9° 00 ' West, 20. 3 feet; thence South 51° 59 '
West, 184 . 13 feet, to a point on the South line of
Normal Avenue, and there terminating.
2 . That part of Out Lot 29, Township 31 North, Range 14
East, City and County of Cape Girardeau, State of
Missouri, being an area 12. 5 feet, either side of and
parallel and adjacent to the following described center
line:
Start at the intersection of the North line of Normal
Avenue and the East line of Henderson Street; thence
North 9° 00 ' East, with the East line of Henderson
Street, 470 . 1 feet, to the place of beginning; thence
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North 82° 14 ' West, 60 . 05 feet, to a point on the West
line of said Henderson Street, and there terminating.
3 . That part of Out Lot No. 37, Township 31 North, Range
14 East, City and County of Cape Girardeau, State of
Missouri, being an area, 12 . 5 feet either side of and
parallel and adjacent to the following described center
line:
Start at the intersection of the East line of Henderson
Street and the South line of New Madrid Street; thence
South 81° 00 ' East, with the South line of New Madrid
Street, 141. 4 feet, to the place of beginning; thence
North 21° 22 ' East, 81. 90 feet, to a point on the North
line of New Madrid Street and there terminating.
4 . That part of Out Lot °'A" in Township 31 North, Range 14
East, City and County of Cape Girardeau, State of
Missouri, being an area, 12. 5 feet, either side of and
parallel and adjacent to the following described center
line:
Start at the Northwest Corner of Lot No. 2 of Block No.
4 of Matteson Terrace, being a subdivision within the
City of Cape Girardeau; thence South 9° 00 ' West, with
the West line of said Lot No. 2, being also the East
side of a 15. 0 foot wide alley, 13. 1 feet, to the place
of beginning; thence North 81° 00 ' West, 15. 0 feet, to
a point on the West line of said alley, and there
terminating.
5. That part of Out Lot No. 30, Township 31 North, Range
14 East, City and County of Cape Girardeau, State of
Nissouri, being an area, 12. 5 feet, either side of and
parallel and adjacent to the following described center
line:
Start at the intersection of the North line of Normal
Avenue and the West line of Pacific Street; thence
North 9° 00 ' East, with the West line of Pacific Street,
412. 3 feet, to the place of beginning; thence South 83°
38 ' East, 60 . 06 feet, to a point on the East line of
said Pacific Street, and there terminating.
6 . That part of Out Lot No. 6, Township 31 North, Range 14
East, City and County of Cape Girardeau, State of
Missouri, being an area, 12. 5 feet, either side of and
parallel and adjacent to the following described center
line:
Start at the intersection of the East line of Pacific
Street and the North line of watkins Street; thence
2.
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South 81° 00 ' East, with the North line of Watkins
Street, 51. 2 feet, to the place of beginning; thence
South 9° 00 ' West, 50. 0 feet, to a point on the South
line of Watkins Street and there terminating.
7. That part of Out Lot No. 6, Township 31 North, Range 14
East, City and County of Cape Girardeau, State of
Missouri, being an area, 12. 5 feet, either side of and
parallel and adjacent to the following described center
line:
Start at the intersection of the South line of Normal
Avenue and the East line of Pacific Street; thence
South 9° 00 ' West, with the East line of Pacific Street,
154. 0 feet, to the place of beginning; thence North 81°
00 ' West, 60. 0 feet, to a point on the East line of
said Pacific Street and there terminating.
2. The University grants to the City the absolute and
irrevocable right to cross the above described tracts of land.
The University agrees that it will, in no event, impede or
interfere with the free flow of traffic upon or across the
vacated portions of the above described public streets and
alleys.
3 . The University agrees that its use of the vacated
portions of the above described public streets and alleys will
not interfere with the public use of such streets and alleys .
4 . The University agrees that in the event it becomes
necessary for the maintenance of any utility tunnels, or for any
other reason, to work within the vacated portion of any of the
above described public streets or alleys, the University will
take all reasonable precautions for the protection of the trav-
eling public and will restore the street or alley if the same
should be damaged.
5. If the City repaves or repairs any street which contains
a strip vacated by the City pursuant to this agreement, the
University agrees to pay its proportionate share, calculated on a
cost per square yard basis, of all costs related to such repaving
or repair work.
6 . In no event shall the City be liable to the University
for special, indirect or consequential damages, except those
caused by the City' s negligence, arising out of or in any way
connected with a breach of this contract.
7 . The University agrees to indemnify, defend, and hold
the City harmless from and against any and all claims, lawsuits
3.
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and liabilities arising out of personal injuries, including
death, and damages to property alleged to have arisen out of or
to have related to the use or maintenance of the vacated portions
of the above described public streets and alleys .
CITY OF CAPE GIRARDEAU, MISSOURI
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Ga y A. Eide, City Manager
ATTEST:
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Verna L. Landis, City Clerk
- SOUTHEAST MISSOURI STATE UNIVERSITY
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Bill W. Stacy, President
[Typed Name and Title of Signer]
ATTEST:
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[Typed Name and Title of Signer]
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STATE OF MISSOURI )
) ss.
COUNTY OF CAPE GIRARDEAU )
On this �7� day of (,L �+ , 198�, before me
appeared Gary A. Eide, to me personall known, who, being by me
duly sworn, did say that he is the City Manager of the City of
Cape Girardeau, Missouri, a Municipal Corporation of the State of
Missouri, and that the seal affixed to the foregoing instrument
is the seal of said City and that the said instrument was signed
and sealed in behalf of said City by authority of its City Council
and acknowledged said instrument to be the free act and deed of
said City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my officia], seal, at my office in Cape Girardeau, Missouri, the
day and �ear first above written.
� � �� �����
Delores G. Needham, Notary Public
My Commission Expires:
October 8, 1984
STATE OF MISSOURI )
) ss.
COUNTY OF CAPE GIRARDEAU )
On this �S� day of ���,�'C!,�% , 198 � , before me
appeared �„4G ��; .s���� ��. ;' , to me personally
known, who� beinc� by me duly sworn, did say that he is the
}����:s i.t�t�li'�� of Southeast Missouri State
University, and that the seal affixed to the foregoing instrument
is the official seal of said Southeast Missouri State University,
and that the said instrumEnt was signed and sealed �n behalf of
said University by authority of its .,�(>r;�;�. `� ��t- ,.n"E�"'E ���_s
and acknowledged said instrument to be the free
act and deed of said University.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my offic;ial seal, the day and year first above written.
... - �.��'��..., � ��-����-
` Jackie S. Fitch
[Typed Name of Notary Public]
My Commission Expires:
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