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HomeMy WebLinkAbout162-05 RESOLUTIONRESOLUTION NO. 162-05 A RESOLUTION TO APPROVE AN AGREEMENT WITH THE CLELA B. STROUD TRUST IN WHICH THE CITY AGREES TO PROVIDE ADEQUATE DOMESTIC WATER TO THE TRUST LAND AND THE TRUST AGREES TO PAY THE CITY $40,000.00 AS ITS COST SHARE AND REMOVE A REVERSION CLAUSE IN THE LAND UPON WHICH THE CIrY'S WATER TANK IS LOCATED WHEREAS, in February 1991, Clela B. Stroud for her Trust conveyed about .23 acres of her land in Goshen to the White River Rural Water Association "so long as said lands are used by the Association for storage tank purposes to provide pressure to lands herein conveyed together with other lands similarly situated"; and WHEREAS, in December 1996, the City of Fayetteville received a Special Corporate Warranty Deed which included reference to the reversion clause from the White River Rural Water Association upon purchasing its assets; and WHEREAS, the Clela B. Stroud Trust is willing to remove the reversion clause and pay $40,000.00 as its cost share for the City's assurance that it will provide adequate domestic water to the property line of its 98.7 acre parcel sufficient to serve 80 single family homes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the Contract with the Clela 13. Stroud Trust attached as Exhibit A to provide adequate domestic water pressure and capacity to serve eighty single family homes on the Trust's 98.7 acres in exchange for the Trust's removal of the reversionary clause in its deed and the Trust's payment of $40,000.00 to the City as its cost share for this water project. PASSED and APPROVED this 16th day of August, 2005. ATTEST. By: S' ."4,C: G�ZY O,cGp� .U• •23 tz E ;FAYETTEVILLE: %9,99KAt•I ..;$ ..''.u,„ TON 'h,., APPROVED: Bv: NDRA SMITH, City Clerk DAN COODY, Mayor • • CONTRACT On this (6 f k day of August, 2005, the Clela B. Stroud Trust dated May 28, 1985, hereinafter "Trust,' and the City of Fayetteville, hereinafter "City," enter into this Contract and agree as follows: Trust is the owner of about 98.7 acres of land in Washington County, on Fire Tower Road east of Goshen, Arkansas. Trust is the owner of the aforesaid land, previously owned by Clela B. Stroud and Trust has the legal authority, power, and right, through its Trustee, to sign a warranty deed or remove the reversion clause from the warranty decd for the .23 acres conveyed to the White River Rural Water Association (on February 7, 1990) and then to the City on December 30, 1996. Upon acceptance of this Contract by the City Council of City and execution by City of this Contract to provide adequate water service to his acreage, the trustee of Trust agrees to sign any and all documents necessary or desirable to remove the reversion clause from deeds covering this .23 acre parcel. City agrees that it will build the necessary structure (water tank or alternatives) and mains so that Trust will have adequate domestic water service available to a corner or side of Trust's property sufficient to serve with adequate pressure, eighty (80) single family homes on eighty (S0) lots. City does net agree to provide adequate capacity and pressure for fire fighting water flows without cost shares from the City of Goshen, a developer, etc. that City deems adequate to cover this additional expense. This obligation of City shall run with the land and be enforceable by any subsequent owner of the real estate. Trust agrees to pay and City agrees to accept S40,000.00 as Trust's cost share for the City to construct sufficient water storage facilities to provide adequate domestic water up to Trust's nearest property line for said eighty (80) single family residential Tots. • • THIS CONTRACT IS NOT IN EFFECT UNTIL AND UNLESS the Fayetteville City Council approves it by formal Resolution or Ordinance. In agreement, with all shown above, the parties sign their names below. CLELA B. STROUD TRUST Dated May 28, 1986 AUDREY STROUD, Trustee DA COODY, Mayor WITNESS: SONDRA SMI H, City Clerk `tERWTR 4".,, eN-•c. • Chi Y o. % , col.: to••• A% FAYETTEVILLE 5761; ;kA N;PC' 4N e...; ��70tJ � •%•‘ CITIPATTORNEY AGENDA REQRST FOR: COUNCIL MEETING OF August 16, 2005 445 jay /6.R FROM: KIT WILLIAMS, CITY ATTORNEY ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A Resolution To Approve An Agreement With The Clela B. Stroud Trust In Which The City Agrees To Provide Adequate Domestic Water To The Trust Land And The Trust Agrees To Pay The City $40,000.00 As Its Cost Share And Remove A Reversion Clause In the Land Upon Which The City's Water Tank Is Located APPROVED FOR AGENDA: ck 119 -OS City Attorney ` Date rector o Operations %.2q-0� Date Wate Wastewater Director Date • • RESOLUTION NO. A RESOLUTION TO APPROVE AN AGREEMENT WITH THE CLELA B. STROUD TRUST IN WHICH THE CITY AGREES TO PROVIDE ADEQUATE DOMESTIC WATER TO THE TRUST LAND AND THE TRUST AGREES TO PAY THE CITY $40,000.00 AS ITS COST SHARE AND REMOVE A REVERSION CLAUSE IN THE LAND UPON WHICH THE CITY'S WATER TANK IS LOCATED WHEREAS, in February 1991, Clela B. Stroud for her Trust conveyed about .23 acres of her land in Goshen to the White River Rural Water Association "so long as said lands are used by the Association for storage tank purposes to provide pressure to lands herein conveyed together with other lands similarly situated"; and WHEREAS, in December 1996, the City of Fayetteville received a Special Corporate Warranty Deed which included reference to the reversion clause from the White River Rural Water Association upon purchasing its assets; and WHEREAS, the Clela B. Stroud Trust is willing to remove the reversion clause and pay $40,000.00 as its cost share for the City's assurance that it will provide adequate domestic water to the property line of its 98.7 acre parcel sufficient to serve 80 single family homes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby approves the Contract with the Clela B. Stroud Trust attached as Exhibit A to provide adequate domestic water pressure and capacity to serve eighty single family homes on the Trust's 98.7 acres in exchange for the Trust's removal of the reversionary clause in its deed and the Trust's payment of $40,000.00 to the City as its cost share for this water project. PASSED and APPROVED this 16th day of August, 2005. APPROVED: DRAFT ATTEST: By: SONDRA SMITH, City Clerk By: DAN COODY, Mayor • TO CITY OF FAYETTEVILLE. AIKAH% IS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Dan Coody, Mayor Bob Davis, Water & Wastewater Director David Jurgens, Water & Waste Water Maintenance Superintendent Ron Petrie, Director of Current Planning Brent O'Neal, Engineer FROM: Kit Williams, City Attorney DATE: May 19, 2005 RE: Stroud subdivision in Goshen: Resolving Deed Reverter Issues David Jurgens explained to me that the site on Stroud's land for another water tank would not be high enough to provide sufficient water pressure to his property. Instead, the close by Benson Mountain site would have to be used. There is apparently sufficient room on that site to place another water tank. One as small as needed for the 80 home Stroud development (27,000 gallons) would have potential freezing problems and could not provide adequate fire protection water. David Jurgens has met several times with the Goshen City Council about water capacity issues and their desire for fire hydrants to increase fire protection capabilities. Goshen would have to come up with money to increase the water capacity for fire protection water as Fayetteville's responsibilities are for domestic water (not fire protection water). The deed to the City of Fayetteville from the White River Rural Water Association (December 31, 1996) contain an exception for the Clela B. Stroud deed to the Water Association because of the reverter clause in her deed. That reverter clause states: "so long as said lands are used by the Association for storage tank purposes to provide pressure to the lands herein • • conveyed together with other lands similarly situated." (emphasis added; copies of both deeds attached). It could be argued (and was by Robert Still of the Bassett Firm in the late 90's) that the reverter clause could be activated by the sale of the land (upon which is a water tank) by the Association to Fayetteville since the Association was no longer using the land. That is worrisome, but I believe that argument would probably not prevail It could also be argued that that language which specifically called "to provide pressure to the land" placed a burden on the Association and later on Fayetteville to provide adequate water pressure to Mr. Stroud's lands. Since only an extremely high water tank could provide pressure to lands not far below the water tank, we could argue that would be an unreasonable requirement and hence unenforceable. However, such tall water tanks must be used uniformly throughout the Great Plains and other flat areas of the country. I would guess that the City has some appropriately tall water tanks to serve the top of Mt. Sequoyah and other hilltops in town. If so, this might not be an unreasonable stipulation in the reverter clause so that we could already have the responsibility "to provide pressure to the land herein conveyed together with other lands similarly situated." If no solution can be worked out, Mr. Stroud will probably sue on this reverter clause. The City could face a dramatic expense if he won and the land and its water tank reverted to him because of the failure of the city to perform under the reverted clause. We very well might have to buy back that land and water tank at a cost of hundreds of thousands of dollars. On the other hand, Mr. Stroud is willing to resolve these deed restriction problems with new, no reverter deeds and will pay the estimated cost of water storage and pump improvement to serve the approximately 80 homes anticipated in the development of his land. In addition to this, the City would still receive the water impact fees ($24,640.00) when the homes connect to our system. Although Mr Eldridge (like any good lawyer) suggests $35,000.00 as the proper figure, Mr. Stroud agreed to $40,000.00 during the meeting in my office with Mr. Eldridge present. • • Mr. Stroud needs this issue resolved BEFORE he can sell his property to whomever will develop it. To do that, he needs a contract with the city assunng that we will supply domestic water at proper pressure to this land for up to 80 houses. This will require additional capacity on Benson Mountain in the near future, an increase in the pumping capacity to Benson Mountain storage tanks) and increase in line size from Benson Mountain to the Stroud land. This could also possibly be accomplished by a tall water tank on his land. I recommend we agree to such a deal to clear up the title on our existing large water tank on the land conveyed by Mr. Stroud's mother to the Water Association and thence to the City. We would need to move forward promptly to construct additional storage in consultation with the City of Goshen and its stated desire of providing fire protection water. If Goshen is not prepared to move forward and pay for such additional capacity to be served by the Benson Mountain site, then we should size an additional tank for only anticipated domestic water usage needs KNOW ALL MEN BY THESE PRESENTS: That I, Clela 8. Stroud, Trustee of the Clole D. Stroud Trust dated May 28, 1985, hereinafter called Grantor, for and in consideration of the sum of One Dollar (51.00 and other good and valuable consideration to me in hand pa d by white River Rural Water Association hereinafter called Grantee, do hereby grant, bargain and sell unto the said Granted and Grantee's heirs and assigns, the following described land, situate in Washington County, State of Arkansas, to -wit: A part of the Southwest Quarter (SW 14/) of the Northwest Quarter (NW 1/4) of Section .34, Township 17 North, Range 28 West, being more particularly described as follows, to -wit: From the Northwest corner of the Southwest Quartor (SW 1/4) of the Northwest Quarter (NW 1/4) of said Section 34, thence North 88 degrees 07' 50- East 350.00 feet, thence South 0 degrees 30' 11• West 857,27 feet to the POINT OF BEGINNING, said point being on the South Right -of -Way line of County Road No. 328, thence along said South Right -of -Way lino South 88 degrees 15' 13- West IC0.00 feet; thence leaving said South Right -of -Way lino So❑th 0 degrees 30' 11" west 100.00 feet; thence North 88 degrees 15. 13' East 100.00 feet; thence North 0 dogroes 30' 11• East 100.00 feet to the POINT OF BEGINNING, Containing 0.23 acres, more or lees, Washington County, Arkansas. Subject co any easements and/or rights-of-way of record. TO HAVE AND TO HOLD the said lands and appurtenances unto the White River Rural Water Association so long as said lands are used by the Association for storage tank purposes to provide pressure to ol, tuated.. Andl I,t the a said Grantor, whereby hcovenant that l l am lawfully seized of said land and premises, that the same is unencumbered, and that I will forever warrant and defend the title to the said lands against all legal claims whatever. WITNESS my hand entl senl on [his 7/1 day of F�� s /OP) ^ Y /PF/ CLELA B. STROUD, Trustee o the Cola B. Stroud Trust dated may 28, 1585 STATE OF ARKANSAS ) COUNTY OF WASHINGTON .) " _ 9607901 On this 7't day of 9 t4a4 4,t� , 40, before me, a Notary Public, personally appeared Clete B. Stroud known, to no to be the person whose name is subscribed to the foregoing 1nstrument and acknowledged that she had executed the same for the purposes therein sot forth. - In witnoen whereof I hereunto :o_ .‘.1I1118 that 6I roast t!n Iwe:ily SPECIAL. Wrf0:1 •M -0r OOCOIINnllnly 114101p\ .d on kit mdinancat. KNOW ALL MEN BY THESE PRESENTS: rV0.cu That White River Rural Water Association, (hereinafter referred to as "Grantor") a corporation organized under and by virtue of the laws of the State of Arkansas, by its President and Secretary, duly authorized by proper resolution of its Board of Directors, for and in the consideration of One Dollar and other valuable consideration, to us in hand paid by the City of Fayetteville, Arkansas, (hereinafter referred to as "Grantee") the receipt of which is hereby acknowledged, docs grant, bargain, sell and convey unto the said the City of Fayetteville, Arkansas, a municipal corporation organized under and by virtue of to laws of thc State of Arkansas, its successors and assigns, the following described land situate in Washington County, State of Arkansas, to -wit: A part of the Southwest Quarter (SW Ib) of tic Northwest Quaner (NW I/.) of Section 34, Township 17 North, Range 28 West, Washington County, Arkansas, described as beginning at an existing iron pin which is North 880 07' 50" East 350.00 fcct and South 00 30' 11" West 857.27 feet from the Northwest corner of said 40 acre tract; thence South 880 15' 13" West 100.00 feet to an existing iron pin; thence South 00 30' 11" West 100.00 feet to an existing iron pin; thence North 880 15' 13" East 100.00 feet to a set iron pin; thence North 00 30' 11" East 100.00 feet thc point of beginning, containing 0.23 acres, more or less. (DESCRIPTION TAKEN FROM SURVEY BY DOUGLAS G. HEMINGWAY ON OCTOBER 31, 1996, AND PROVIDED TO THE PARTIES HERETO) Subject to easements, rights-of-way and restrictive covenants of record, if any. TO IHIAVE AND TO HOLD the same unto the said Grantee and unto its successors and assigns forever, with all appurtenances thereto belonging. And said Grantor hereby covenants with the said Grantee that Grantor is lawfully seized of said lands and premises, that the same is unincumbcred, and that it will forever warrant and defend the tide to said lands against all lawful claims whatever. However, no warranty is made and exception is taken regarding any restrictions or reverter clauses as set forth in a Warranty Dccd, dated February 7, 1991, and filed for record December 19, 1996 as Land Document No. 96-79037, among the land records of Washington County, Arkansas, executed by Clela B. Stroud, Trustee of the Clcla 13 Stroud Trust dated May 28, 1985 to White River Rural Watcr Association. IN TESTIMONY WHEREOF, the natio of the Grantor is (hereunto affixed by its President and its seal affixed by its Secretary this 3(r day of Dor ptnl t— , 1996. STATE OF ARKANSAS ) ss. COUNTY OF WASHINGTON WHITETIVVERRRRURAL�ER ASSOCIATION Wallac, R. Sitton, President Gerald Bowman, ecretary ACKNOWLEDGMENT ar(Seal) Wd tC33096. 0}10338 UO3 03113 13E IT REMEMBERED. That on This day came before the undersigned, a Notary Public within and for the County aforesaid, duly comnhissioncd and acting, appeared in person the within named Wallace R. Siuon and Gerald Bowman to me personally known, who stated that they were the President and Secretary of White River Rural Water Association, an Arkansas corporation, and were duly authorized in their respective capacities to execute the foregoing Instrument for and in the name and behalf of said corporation, and further staled and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. Witness my hand and scal as such Notary My Conunissioq Expires: • This d .(tht:l�•, :y Charles L. Hanwell, Attorney at )Law, 1.11 Holcomb Street, Springdale, AR 72764 , 1996. • • JOHN R. ELDRIDGE, I11 ATTORNEY AT LAW P.O. BOX 580 201 N. EAST AVENUE, SUITE 100 FAYETTEVILLE, ARKANSAS 72702-0580 TELEPHONE 479.443.0908 FACSIMILE 479.443.2713 jab neaueld rid¢elawfi rm.com May 18, 2005 VIA HAND DELIVERY Honorable an Coody Mayor, ty of Fayetteville 113 Mountain Fay tcville, AR 72701 Re: Clela B. Stroud Trust, Dated May 28, 1985 Dear Mayor Coody: 1 represent Rusty Stroud, who is the successor trustee of the Clela B. Stroud Trust. That trust is the owner of approximately 98 70 acres of land in Washington County, Arkansas, located on Fire Tower Road, east of Goshen, Arkansas. I am enclosed a copy of various letters and Deeds related to this property. These have previously been provided to City Attorney Kit Williams. It is my client's desire to obtain from the City of Fayetteville the assurance of water service to the property in order that the property may be sold for subdivision development. The background behind why the City should commit to do this follows. Some time before February of 1990, Clela Stroud was approached by the White River Rural Water Association to provide land as a sight for a water storage tank. In February of 1990, she executed a Warranty Deed to the White River Rural Water Association, giving it .23 acres of the real estate for that purpose, conditioned upon the real estate being used "by the Association for storage tank purposes to provide pressure to the lands therein conveyed together with other lands similarly situated." The letter attached hereto from David Stills to Jen -y Rose in 1998 states that Mr. Stills (and 1 as well) is of the opinion that the conveyance was an estate of fee simple determinable, which automatically terminates on the happening of the condition and at that time reverts back to the Grantor or the Grantor's successor in title. When White River Rural Water Association sold out to the City of Fayetteville "the Association" ceased using the land and ownership would have reverted to the Stroud trust. Some support of this is evidenced by the conveyance of White River Rural Water Association to the City of Fayetteville, a copy of that Deed is also attached. • • Honorable Dan Coody May 18, 2005 Page Two Without burdening you too much with the legalities (all of which have been discussed with Kit Williams), it is my client's desire to sell the property to developers who would put in a subdivision. Lengthy conversations have occurred with the City Water Department to assure a buyer that water service will be provided. My client, Mr. Stroud, and 1 met with Kit Williams last week to discuss in detail these issues and the specifics of the potential need for water storage to serve the subject real estate. We all agreed that the owner of the subject land should only be responsible for a contribution that equals the demand created by a subdivision on that land, approximately 80 lots. One alternative we discussed was letting my client build a water storage tank on site for service to the subject real estate connected to the existing water lines in the area. My client is willing to bear the expense necessary to provide water storage capacity for development on the property. Today, Kit Williams informed me that the City Engineers believe that a 35,000 -gallon water storage tank on the subject real estate would not provide water pressure sufficient to serve the subdivision. Apparently, the view is that a second storage tank on Benson Mountain would be needed. However, City Engineers expressed concern that a 35,000 -gallon tank tied into the existing tank on Benson Mountain would present some concerns, primarily icing of the smaller tank. Also, as you know, the Goshen City Council is presently dealing with issues of water pressure related to fire protection for its citizens. We offered to Kit Williams and would reiterate that offer now, that the Clela B. Stroud Trust make payment to the City of Fayetteville of an amount determined to be sufficient for creation of sufficient water storage to serve a proposed subdivision on the subject real estate, which contribution would be held by the City and applied to the cost of additional storage capacity at a later datc. The City would give a contractual commitment to serve the subdivision with adequate water pressure. The Trust would release the reverter and convey the existing storage tank site to the City. Since development on the property will take some period of time, possibly as much as a year or more, that time would allow the City of Fayetteville, as well as the City of Goshen, to resolve some of these concerns and determine what the best long term solution for the water needs in the area. My client has obtained reliable cost figures of the cost to provide water storage capacity to an 80 lot subdivision. We went over the calculation with Mr. Williams at our earlier meeting. Suffice it to say that the cost would be in the neighborhood of $35,000.00. My client is ready, willing, and able to makc that contribution to the City of Fayetteville in exchange for a contractual commitment to provide water service to the property. That will allow him to assure a purchaser that water service will be available and sell this property. Honorable Dan Coody May 18, 2005 Page Two • • I believe Kit Williams can provide you additional information and advice on this matter and I am, likewise, happy to visit with you and other representatives at your convenience. Thank you for your prompt consideration of this matter. JRE/mlb Enclosure pc: Mr. Rusty Stroud Mr. Kit Williams / John R. Eldridge, III Clarice Pearman - Res. 162-05 Page 1 From: Clarice Pearman To: Williams, Kit Date: 8/22/05 12:19PM Subject: Res. 162-05 Kit, Attached is a copy of the resolution passed by City Council August 16, 2005 regarding the agreement with Clela Stroud Trust. Also attached is a cop of the agreement. CC: Deaton, Vicki FAYETTEVItLE THE CITY OF FAYETTEVILLE ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Sondra Smith, City Clerk David Jurgens, Water & Wastewater Director Holly Jones, Land Agent FROM: Kit Williams, City Attorney � . DATE: August 30, 2005 RE• Clela B. Stroud Trust Quitclaim Deed 0 Enclosed for Sondra is the original of a Quitclaim Deed from Audrey Stroud, Successor Trustee of the CIeIa B. Stroud Trust dated August 26, 2005, releasing interests created by the reverter clause in the Trust's earlier deed of land for a water tower to the White River Rural Water Association (and later deeded to Fayetteville). This deed needs to be filed of record in the Washington County Courthouse to remove the cloud from our Goshen water tank property. Thank you for your assistance in this matter. • • QUITCLAIM DEED KNOW ALL MEN BY THESE PRESENTS: That 1, Audrey Stroud, Successor Trustee of the Clela B. Stroud Trust dated May 28, 1985, GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to me in hand paid by City of Fayetteville, Arkansas, GRANTEE, do hereby grant, convey and quitclaim unto the said Grantee, and unto its heirs and assigns forever, all of my right, title, interest, and equity and estate in and to the following described lands, to -wit: A part of the Southwest Quarter (SW 1/4) Of the Northwest Quarter (NW 1/4) of Section 34, Township 17 North, Range 28 West, being more particularly described as follows, to -wit: From the Northwest corner of the Southwest Quarter (SW 1/4) of the Northwest Quarter (SW 1/4) of Section 34; thence North 88 degrees 07' 50" East 350.00 feet; thence South 0 degrees, 30' 11" West 827.57 feet to the POINT OF BEGINNING, said point being on the South Right -of -Way line of County Road No. 328; thence along said South Right -of -Way line South 88 degrees 15' 13" West 350.00 feet, thence leaving said degrees 15' 13" West 350.00 feet; thence leaving South Right -of -Way line South 0 degrees 30' 11" West 100.00 feet; thence North 88 degrees 30' 11" East 100.00 feet to the POINT OF BEGINNING, containing 0.23 acres, more or less, Washington County, Arkansas. Subject to any easements and/or nghts-of-way of record. This Quit Claim Deed is for the express and sole purpose of releasing any and all interests created by the reverter clause contained in a Warranty Deed dated February 7, 1991, from Clela B. Stroud, Trustee of the Clela B. Stroud Trust dated May 28, 1985 to White River Rural Water Association and further to release and convey to the Grantee, Successor of White River Rural Water Association, any and all interest of Grantor in the above-described real estate and any and all rights existing under such reverter. TO HAVE AND TO HOLD the same unto the said Grantee, and unto its heirs and assigns forever, with all tenements, appurtenances and hereditaments thereunto belonging. WITNESS my hand and seal on this °% day of August, 2005. THIS INSTRUMENT PREPARED BY: John R Eldridge, III Attorneys at Law P.O. Box 580 Fayetteville, Arkansas 72702 ajese-s—C (Seal) Audrey Stroud, Successor Trustee of the Clela B. Stroud Trust dated 5/28/1985 • • ACKNOWLEDGMENT STATE OF ARKANSAS ) ) ss. COUNTY OF WASHINGTON ) BE IT REMEMBERED that on this day came before the undersigned, a Notary Public, within and for the aforesaid county and state duly commissioned and acting, personally appeared Audrey Stroud, to me well known as the person executing the foregoing document, stating that he had so executed for the consideration and purposes therein mentioned and set forth. WITNESS my hand and seal as Notary Public this 024 day of August, 2005. My Commission Expires: 9/1/2008 NoaryP lic Official Snot✓ M. LYNNE BOYER Notary Public - Arkans?s WASHINGTON COUNTY My Commission Expiros 9-1-2008 • awa—�-- — AUDREY VAN STROUD PH. 479-575-0580 P0130% 20 GOSHEN, AR 72735 • arainatai 1021 GI -sa/@e graggi I // arr fire/!<✓ e atteraScwcr FM4'4 1 $ 066 ,C"747 2 oca to ' 1 no%odr' 4 s nous 8 "=": • 171J1ecLrity NORR/WEST.M Mat dr /� For 77-4.5 f �/"/k ra,i coa 290 15 38.: 10 2 1 0806=988 3n 50 PLUS GOLD CHECKING