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HomeMy WebLinkAbout118 Pershing Application-DECLINEDCollege Station ~L~zstoric ~lar~erApplicatzon Revised June 2007 APPLICANTS NAME: ~R-~/4~ ~~4~-~t~ ADDRESS: I I g T E~~l'f/I~G A/t' CITY, STATE, ZIP: l~ «E'G-G s'TI}Tl o~! t j X ?7B`~D PHONE: % 79 . ro ! G . ~ / ~o'g E-MAIL: V r' ~ ~1 ~ ~yJ V ~-'~ `~ l'~~. rI C~ l I. THIS MARKER NOMINATION IS FORA: A. STRUCTURE MARKER Structure is a If a home, was it formerly located on campus? Address of -f~~ { Building) es/ No) Owner's Name, Current Mailing Address, Phone Number & Email address: Sc~~'tc° G1DDIiC~f (979) B. ^ SUBJECT MARKER This nomination is for: (Event/Topic/Person/Object) The title of this subject is: Is the proposed marker to be placed on public or private property? Address where marker will be placed: Historic Marker Application, Historic Preservation Committee, City of College Station, Texas -1- II. -'1 Describe the significance of this nomination with as much detail as p/oussible: / '~ c9 a'f ~~ ~C!`S~~N a~~ WoZS ~v:~f ~~ ~9`t I ~, J W ~ ~r O 2dd. o ,Ec~t o~~ ~s _5~i-~me ;.~ 1~. ~49D s wke~ ;t ~.ta,s soli, ~ '/~nj4~f Sw.~ ~(e D Vf` a_se~ ~AU:SP_ in ~ .~.('JO~n <c7~w. /Q~r'f- SIw:`f-G~_ --f --~ ~er-~, ~wnars~.a -- ~-~ . 9r 9~ -' ~ i- sm; -' roan ~ inn: e a,r~e'~ You may attach additional pages for your narrative, if needed. Be sure to attach supporting documentation to this farm. Historic Marker Ayplication, Historic Preservation Committee, City of College Station, Texas -2- 7~, -~~ .-~ -_~ --~ ti -~~~~~ i I h I Y i' ~, ~'~: i x ,~~ ~ o, a ~ ~ ~ ~ x ~ `1 F '' y ~._ ~~ ~ a ,, ~~~ ~w ~~v b ~ ~ \~ t' , ~ - ~' ~ _ ,~ ~ ~ 1b~ +` ~. s ~ .~ ~ "ate ~ ~~ ~ ~ ~ a [~ u /1 I /. Y ~ \~ ' q ~r hy~" ii I " l' i( I ( ~ T ^+~•,iv~ ~, s ! '~n `~ + . ~ » ~ ~. •, ~ ~. ~ : t: : p ~ ..i .4 w #i " ~ 4 il • February 25, 1939 The first official reetinc of the ^olle "e Station Council was held February 25, 1939, in the office of )• / Mr. E. E. McQuillan, in the Administration Building.. The board had a picture taken of the group. . The matter of action on an easement for laying pipe . for the Bryan•nipe company for water was taken up. Thi: • w s deferred until the,Collec attorney could be c)nsu - ted ( after appointment)•. Mr. Ernest Langford nominated Mr. Barger for city attorney. The vote was unanimous for his a-noint'ent aid r"'"� confirmed. • The matter of city Secretary was deferred until Mr. Gabbard could be present, It was moved end seconder' that publicity be riven ; through the Houston Post broadcast, end thct this be referred to Col. Ike Ashburn. The next meeting was I =r called for March 3rd, 4 P. 11. Those present were Ernest Langford, Sam Hopper, G. B 4 Wilcox, Mayor J. H. 31n- ey --A. Mitchell, 1. G. Jones. . -). L. G. Jones was annointed to take the '..inutes for thy . day. The question was raised whether taxes should be rend ered before Aprillst. This was referred to a later meeting. L. G. Jones, Temporary Secretary . • T , . • c=x�. 6; t3 G:ILA 1 CIT`: COTJ CIL E TING March 12, 1951 The City Ccuncil met in regular session March 12, 1951, at 7 :30 p.m. with the following present: Mayor Langford; Councilmen Ames, Badgett, Black, Halpin, and Orr; City Attorney Burger; City Secretary McGinnis; Cit.' Manager Rogers, and Assistant City Secretary Boswell. The following visitors were present at this meeting: Joel Austin from the Battalion, Kenneth Irish from the Bryan. News, and R. H. Baker from Rowles, Winston x Company. The minutes of proceeding meetings were read and approved. Councilman Orr made a : otion, seconded by Councilman Black, that the following list of citizens be appointed by the Council as a Charter Commission and that the Charter Commission be authorized to prepare a preliminary draft for a city charter for the City of College Station, Texas; that Mayor Ernest Langford be charman of the committee and that the committee be authorized to employ whatever assistance that may be needed in drafting the charter: Ernest Langford, chairman, J. H. Sorrels, H. E. Burgess, S. A. Lipscomb, Ray Oden, J. C. Culpepper, Truman H. Jones, L. S. Richardson, D. Fitch, A. Boyett, J. W. Barger, D. B. Cofer, S. R. Wright, G. 1Z. Black, J. A. Orr, R. B. Halpin, Charles LaMctte, and A. A. Price. T .:; Council vc to as nnanimous in favor of the motion. Councilman Orr made a motion, seconded by Councilman Halpin, that Ordinance ::o. 154, an ordinance adopting a revised city map and changing cumbers of houses a:.d names of streets to those as indicated there en, be adopted. The Council v te was unanimous in favor of the motion. Councilman Halpin made a motion, seconded by Councilman Orr, that Ordinance No. 155, an ordinance to delete the word "electric" from 0rdinance No. 152, oe introduced. The vote of the Council was unanimous In favor of the motion. Councilmen 3adgett made a motion, seccn ed by Councilman Orr, that the rules requiring the reading of Ordinance ND. 155 at three consecutive meetings of ti :c Council be susrenued. The vote of the Council •wxs unant ouz in favor of the motion. Ccunci!ma :.::m.... ..ado a . :coaled by Councilman 3adgett, that Ordinance No. 15 be finally passed. 00390 Eh; b,t - 3 Page Two Regular City Council Meeting March 12, 1951 The Council vote was unanimous in favor of the motion. Ccuncila:ur_ Crr made a motion, seconded by Councilman Black, that an amendment to the bond sale and purchase contract between Bowles, ?'inston & Company and the City of College Station be introduced authorizing the Mayor and City Secretary to sign the additional bonds at the ;urchase price agreed upon can December 11, 1950. • The Council vote was unanimous in favor or the motion. Councilman Badgett made a motion, seconded by Councilman; Orr, that Mayor Langford be authorized to sign a contract with Freese & Bichols, engineers, for their service;, pertaining to the construction of a by -pass power line for the REA alon Highway #6. The Council vote was unanimous in favor of the motion. The Council authorized Mayor Langford to write a congratulatory letter to each of 17 eating establishments within_ the city and thank them for attairirg the high rating as the result of any inspection made by the Texas Public Health Board. Cr_ motion by Councilman Orr, ;seconded by Councilman. Badgett, the Mayor was authorized to in the contracts with the City of Bryan for purchase of water and electric power, said contracts to be effective at date of signing by both parties and to extend over a ; eriod cf five years. The Council vote was unanimous in favor of the ,motion. On motion by Councilman Halpin, seconded by Councilman Black the Mayer was authorized to sib:- tie contract with the City of Bryan for the purchase of the REA lies within the city linita, the Mayor to satisfy himself that the cc:utract is in proper form either by consultation with the City Attorney or by other advice if necessary. The Council vote was unanimous in favor of the motion. 0:_ rotio._ by Councilman Badgett, seconded by Councilman Orr, Councilman, R. B. Halln was ap .oicted acting mayor r f �� of March 21 - April 1, 1951, inclusive aid uthorized ig-nanye period contractural documents during that period. 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F '• , n = a 0 Tq o i s 0 ' y a, ° n K r sv .• ..= =: . o '� O r C nt O 0 W 'Q A A - f A 7-1- ' ��n .+ 2a+�0 , 'D �,a . = ( �Jt m � 0 ,.. • _, .* :D.5 to >I + ° .•= r0 o ,. ?Ac. ra ° IN' " . 0 e !' O• A , n A a , , h cD O . C/2 A.. ,.,. ,,,. O O A C e) �. A . o � n r .9" ro p A ° N �"OC... p 0 , •+r -+ 0 0 ��K p 0 fp 7 moro m '0 pam a.� 2 N cr, ca.g.< P5-5 o i o n, A �. 0 AI °. ° K �. a, -• .. m -,.m a O • `e e� u A .+ a. > • o ▪ s M m O w .-10.- n A � + IT >1,4�p �e + »0u)A � + ( a 0 , ozro o e<� A � Ma) 09o0 � 0 ( ° 1 t -t y� o �" � A A e p , . p Or�D:S ° i p m 9 'Y ¢ p3 r A ` � c n� C a 'Oa �Kn _ °5' ��a 0 m" r0 0 00 p D «.,e eDpa wo , c o o aq ° e-• jxlen�m� cr0 •"S CD , ••y �D [D O M 'Y .-y a. a, ° m'C !7, O tD y o....: fD CD ❑" 'i7 t•'^' 0- - eD Al 5 d ry `'fi x`' lg t7 ° o'< = �? L. z ed a v y .a o° m r o Z rt�* cD O t ° 6• U IQ as' 3 r ° ll `s A ' y C � x .`em i 9 • r` • 0 ...,....i `~ 520 .xfi;.b, -i- //'..3 . PLAT AND DEDICATION OF OAKWOOD ADDITION • THE STATE OF TEXAS( • ° «k{ ;" COUNTY OF BRAZOS 1 KNOW ALL MEN BY THESE PRESENTS: That • E •OAKWOOD REALTY COMPANY O* OOLLEGE STATION, a private corporation C duly inoorpor and doing business under the l aws of the State of Texas, with principal 1 plaoe of buslneas at College Station, Brazos County, Texas does hereby formally set aside , and dedicate tk)e hereto attached plat as 0.11700D ADDITION, being a subdivision of part of J, E. Scott Leaguey Abstract No. 50, in Brazos County;,Texas, and composed of Forty (40) acres of land, d'esc'ribed in deed'from Frances Scpwartz and husband Charles Schwartz to W. M. Sparks, et al.,,, by deed dated August 19, 193'2, and recorded 'in Volume 82, page 278, of Brazos County deed records; and being the same land conveyed to said'oorporation by +14 M. Sparks, r . ,. J. E. Angell and' H. . Burgess, et al b g deed dated October Y 8 1932, an d . E 8, , d duly recorded in Volume 82, page`523, •of the Brazos County deed records, to which inst•.'umenta and their i - records referexce 1s hereby made for all purposes; and which said subdivision of which said • land is hereby dedicated by said corporation as 0.;1.W00D AD1?ITION.• - This dedication 0 tion is hereby made subject to the•following stipulations, restrictions and conditions, which are covenants running with the land and which shall apply to and be binding upon all grantees or owners of said pro)erty within said O:;K7'QOD :ADDITION, their heirs, devisees, executors, administrators, successors, and /or assigns: 1. The fee simple :title in and to each and all of the spveral streets, roads, walks, and reserved strips in Oakwood _ is hereby reserved by Oakwood Realty Company of College Station, for the purpose of constructing or installing and maintaining water and gas mains and supply lines, sewer lines, electric' lines, telegraph and telephone lines and poles, and for all other purposes and uses incident development, ?maintenance and use of said property as a community unit 2. Lots G to 11 inclusive In Block 1; Lots 6 to 14 inclusive and Lotst21 to 28 , inclusive in Block 2; Lots 6 to 28 inclusive in : :crock 3; all of Blocks 4•and 5., and Lots 1 to • 8 inclusive of•L31ock 6, -of said 0.& wood .addition, shall b e used for residential purposes only; and ut no time shall there ever be more'than one residence on one lot or homesite tract;, and at no time'shall more than one garage or other outbuilding be used as a residence or living quarters pn a given lot or homesite tract. 3, No house or supnlertv:ntary building or structure of any kind shall ever be constructed on this property until after the inspection and approval by Oakwood Realty Company of College' • • Station, of the plans and specifications and the approximate cost of such construction, and all buildings or other construction of whatsoever character or nature shall conform to the lot arrangement and layout of the _addition. 4. There le hereby est a building line of'thirty (30) feet from all street de- aignations in said Adition; and no building or structure shall be placed or located nearer . to a street thhn this thirty -foot line; and.no building shall ever be •placed or located nearer to th.e property -line thnn.ten (10.) ;feet;. and - shall never be located or placed cl ser that five feet from the ling Of any = reserved' strip or alley, I 5. Every builder or d property within this Addition shall install a septic a . `y r''4' tank on the premises, of the size, type, dimensions and specifications which shall strictly I conform to those furnished by the Oakwood Realty Company of College Station for use in this ti i i f Addition; and no outdoor toilet shall ever be permitted within said :addition, P I i . . I - r _ 522 ' • e b► a/s __ _ _ o _ - _8� s ." _ _ • • 8. Only people of the white race shall ever be permitted to own property within said a • Addition; and no property or any part thereof shall ever be leased; rented, owned, or occu -. pied by any person of any other race than the white, except that servants of other races may occupy quarters regularly and duly provided for servants. 7. No cattle, hogs, or other animals or livestock of any kind, inclu'ing rabbits and /or poultry, shall ever be kept or maintained on any property within said addition, except upon written permission of Oakwood Realty Company of College Station, subject to revocation at any • time. 8. all property in said .addition shall be and it hereby is conveyed subject to an annual maintenance charge based: (1) developed property six (6) cents per front -foot; (2) undeveloped property three (3) 'cents per front -foot; and in no event shall the annual maintenance charge be less than six dollars (36,00); to be paid 'o Oakwood Realty Company of College atation, on or before the first day of ..pril of each year; and an express lien is hereby retained to secure payment of said charge. All funds so paid shall be used by the corporation as a "Maintenance Fund ", and used for the purpose of maintaining and improving the streets, parks and park - ways, and sidewalks within said addition. • 9. The above and foregoing restrictions, stipulations and conditions shall be effeo- tive until January 1, 1948; but at any time within two years of said date, the then owners of a majority of the square -foot area of the lots in said addition may, on the basis of one vote for each square foot owned, by majority vote, extend, renew, change, amend, or abolish these restrictions and Condit ons, as they may wish; provided that such meeting shall be held at the principal offices of the Oakwood Realty Company of College Station. 10. Violation of.any stipulation, restriction or /and condition as above specified, I , shall immediately give Oakwood Realty Company of College Station, its successors or assigns, the right to enter upon the given property where such violation exists, and summarily abate or remove the same at the expense of the then owner; and such abatement, entry, or /and re- . moval shall in no wise be deemed a trespass. Subject to the conditions and covenants outlined above, the said'eorporation does • hereby dedicate the streets and roads now sho '.n on said plat, to the use and benefit of the public forever. • IN ?ITNE ^.S ',nnrR'. - .OF the said corporation has caused these presents to be executed by its President, M, Sparks, attested by its Secretary- Treasurer, H.E.Burgess, and its corporate seal to be affixed, at College atation, Texas, this 1st day of November, ...D. 1932. • 0AKi0OD REALTY C0 ?.TANY OF CO? LEGE STATION By 71 M. Sparks President. P.M. Sparks) ATTEST: H. E. Burgess (H.E. Eurgess) Secretary- Treasurer, (Corporate Seal). THE ST;.TE OF TEXAS! COUNTY OF BRAZOS ( BEFORE ME, the undersigned, a Notary Public in and for Brazos County Texas, on this day personally appeared ';l, M. Sparks, President, and H.E. Eurgess, Secretary - Treasurer, of Oakwood Realty Company of College `station, a corporation, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they both had executed the said instrument for the purposes and cojsideration therein expressed, as the act and deed of said torpor tion, and in the respective capacities therein stated, • ' 3/3 521 ___ —_ _ 5'' sue . ' — T ------ ' M. S fah' , Tra.o/ Z% ■ ; 1 Co ,- ^' m _ t, w o � O q c� p 0.1 14 q m O 0 f. n r,- • y • n C. re -n" QD CO ' \ /to'- o" — o.,,,,. ,r.= o- /a of ca 600`" c0 /S9uo /- A • o q i s o 0-- / \ v � ' 545•W 28/4- V 1 » r u ., - - - - to , • • sue ; J- ' , — h � A 4. 4 ,s a a∎ __N 1. , w ' 4 N ,h , • w N i w S H r1... ■ l F • 0t I of , 0 a1 » • T ili q fi og Cu 1 - m:u 11145 E 309' � - A O /_ C , 4 " ;\Q JO U /I5 =0•• /0 - ‘0 � 5,' Jp /13.- o " /x=01 t a 50. 153=0)/' x i M • Po r t e e T �— > I 1y w VI ' °j • • (.3 (I I "A v `P Y o m x • c a S » 0 . )7i 0 4 \ Cu i a h x Y t0 • • X 1■ CO \ e v e H q w h Cm . o JACKSON ST. ,4,..„.173 so' / R ►9 9- 5 6 ? 8 9 /0 // /R /3 _so, 'P , .... O X11 W BLOCK-7 as ., 1_ -- )13 - 5°E /0 x µ�` R - PLAN-OF-ARRANOEfENT - OF- - OAKWOOD- ADDITfON- 1 • COLI.f&E•STATION•TEXAS . SCALE- 1".. 150 � -- 9 -z3-3z .. • • • r t j .'ail',ale � l 1 --� t , A B. Sy.t - ' .C.C.B. 1� 1J� L �- L1 /..J:i, Deputy QUITCLAIM DEED 1 THE STATE OF TEXASI COUNTY OF BRAZOS I KNOW ALL MEN BY THESE PRESENTS, That we, C. C. Hedges and Eula • Hedges husband and wife, of Brazos County, and the State of Texas, for and in considera- tion of the sum of Ten dollars, to us in hand paid by J. Wheeler Barger, of the County s I of Brazoa and State of Texas, the receipt of which is hereby acknowledged, do, by these presents bargain, sell, release and forever quitclaim unto the said J. Wheeler Barger, his heirs and assigns, all our right, title and interest in and to that certain tract or parcel of land lying in the County of Brazos and State of Texas, described as follows, to -wit: being a part of the J.E. Scott League, Abatract No. 50, according to a plot of Oakwood Addition and duly recorded in Volume 82, on pages 520 -523, of the Deed Records & of Brazos County,Texas, and being more particularly described as follows: to -wit: k Being Lots Number nine (9), Ten (10) and eleven (11), all in Block One (1) of aforesaid Oakwood Addition, and'being the same lots conveyed to grantor by Oakwood Realty Company of College Station,Texas, by deed dated January 31, 1933, and recorded in Volume 83, page 201, of the Deed Records of Brazos County,Texas. To have and to hold the said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said 4. Wheeler Barger, his heirs and assigns, forever, so that neither we, the said C. C. Hedges and Eula Hedges nor our heirs, nor any person or persons claiming under us shall, at any time . hereafter, have, claim or demand any right or title to the aforesaid premises or appurten. .': ances, or any part thereof. �_ ;1 Witness our hands at Bryan, Texas, this 8th day of May, A.D. 1948. : '., C. C. Hedges q Eula Hedges � -a THE STATE OF TEXASI • COUNTY OF BRAZOS I BEFORE ME, the undersigned, a Notary Public, Oak McKenzie', in and for said County,Texas, on this day personally appeared C.-C. Hedges and Eula Hedges, his wife, both known to me to be the persons whose names are subscribed to the foregoing ' . -- 1 • 1 DEED 135 1 A 15 instrument, and acknowledged to me that they each executed the same for the purposes and 1 consideration therein expressed, and the said Eula Hedges wife of the said C. C. Hedges ; having been examined by me privily and apart from her husband, and having the same fully "I explained to her, she, the said Eula Hedges acknowledged such instrument to be her act ` %f. and deed, and she declared that she had willingly signed the same for the purposes and ;1 ' consideration therein expressed, and that she did not wish to retract it Given under my hand and seal of office, this 8th day of May A.D. 1948. ' . Oak McKenzie (Oak McKenzie) Notary Public, (SEAL) Brazos County,Texas. 1 The foregoing is a true copy of the original instrument which was filed for record on :: the 12th day of May A.D. 1948 at 1:30 o'clock p.m. and duly recorded on the 13th day t • . of May A.D. 1948 at 10 o'clock a.m. to which I certify . ; A. B. Sy.ta� / i.C.C.B. ' / 1 � Al-=/ Deputy • SEP -12 -00 TUE 16:56 L.i,W OFFICES •109 200 6736 0725934 Retum to G 7 American Title Company GF# /(a /5f 3 9 2 9 WARRANTY DfEQ 0 Date: September 12, 2000 Grantor: MABEL McQUEEN BARGER by and through her Attorney in•Fact, 1 JOHN WHEELER BARGER 8 Grantor's Mailing Address: c/o JOHN WHEELER BARGER 6 8023 Vantage Drive, Suite 840 San Antonio, Bexar County, Texas 78230 Grantee: JAMES P. O'JIBWAY Grantee's Mailing Address: 1594 Bell Oaks Drive Bellville, Austin County, Texas 77418 Consideration: TEN AND NO /100 DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is heroby acknowledged. Property (inL,luding any improvements): All of Lots Number Nine (9), Ten (10) and Eleven (11), OAKWOOD ADDITION, an addition to the City of College Station, Brazos County, Texas, according to the plat thereof recorded In Volume 82, page 520, Deed Records of Brazos County, Texas. Reservations from and Exceptions to Conveyance and Warranty: • • • T axes ; W.rwnty D..d - P.o. 1 L00.001 (GANSER to C'J:QWAV) 1 • SEP -12 -00 TUE 10:56 L..IJ OFFICES 409 261/4' 0:3& 0725934 • • 0 3 2. Easement granted to Community Natural Gas Company by Oakwood Realty 9 Company of College Station as set out in instrument dated September 6, 2 1935, recorder) In Volume 89, page 614, of the Deed Records of Brazos • County, Texas; and 9 3. All valid and subsisting easements, restrictions, rights•of•way, conditions, exceptions, reservations and covenants of whatsoever nature of record, if 0 any, and also to the zoning laws and other restrictions, regulations, O ordinances and statutes of municipal or other governmental authorities applicable to and enforceable against the described premises. 1 Grant and Warranty: 8 7 Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto In any wise belonging, to have and hold It to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, • administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. • Current as valorem taxes on the property have been prorated and the payment thereof is assumed by Grantee. When the context requires, singular nouns and pronouns include the plural. • • MABEL McQUEEN BARGER, by • and through her Attorney•in- Fact, JOHN WHEELER BARGER • • WVN 1 nry O..d . Pi;. 2 LOD• IBARGER to 0%.I13WAyr • • { 1s: I . • y w! t • • SEP -I2 -00 TUE 18:37 LHw OFFICES 4" -OO 1360725934 0 Acknowledoment 3 9 STATE OF TEXAS 4 2 4 COUNTY OF - /._./ 4 This instrument was acknowledged before me on the L2 day of September 2000 by JOHN WHEELER BARGER as Attorney- in•Fact for MABEL 0 MCOUEEN BANGER, j 8 PAULA L. FURR • �j � N otary Public, Stole of foxes Notary Pub ,State of Texas , v;7 My commiulonEzpass Commission expires: '3-`f --oI Z » 0 -04 -2001 NQi.7ry name printed: (Seal) ......... .. ( 4.lucft Z . iuo' —tz-- Propared in the Law Office of: Pleaso return to HUGH W. LINDSAY AMERICAN TITLE COMPANY 412 Tarrow Street GP NO. 16151 College Station, Texas 77840 • A M o 5, g � i ce: 11 m ii n z E as q al._ 5mtr R' r x Wunnly 0.410 - Peon 3 N g R ;� L00.001 IeAROCA to OV \VA`11 - � � a m 1 a CD g RA 1.1p, ..-.; ..._ i ii a • AfA ;Li t 6 4seelmt3 00840987 OR 5789 148 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Recording Fee: $_ Vendee's Address is and After Recording, Return To: Edwin A. Smith, III and wife, Ranene C. Smith 118 Pershing Avenue College Station, Texas 77840 THE STATE OF TEXAS § § Special Warranty Deed COUNTY OF BRAZOS § (Vendor's Lien) Definitions The following terms shall have the meanings indicated, wherever these terms are used in this instrument: Date Hereof: The effective date of this instrument, which shall be December 22, 2003. Vendor: James P. O'Jibway, not joined herein by his wife for the reason that the Property does not constitute any part of their business or residence homestead, and for the reason that the Property constitutes his sole management community property Vendee: Edwin A. Smith, III and wife, Ranene C. Smith 118 Pershing Avenue College Station, Texas 77840 Lender: PlainsCapital Bank Attention: Paul E. Parkinson 18111 Preston Road, Suite 220 Dallas, Texas 75252 (972) 732-1989 Trustee: Dwight I. Overton Note Date: December 22, 2003 Note Amount: $285,000.00 Note Maker: Vendee 1744.160wd Warranty Deed - Page 1 00 Doc 8 40987 OR 5789 149 Note: That certain Promissory Note in the original principal sum of the Note Amount, dated as of the Note Date, executed by Note Maker, payable to the order of Lender. Deed of Trust: executed by Note Maker to Trustee ee for the benefit Date, fLender, covering Note, the Property. Property (including any improvements): All of Lots Numbers Nine(9), Ten (10) and Eleven (11), Block Number One (1), OAKWOOD ADDITION, an Addition to the City of College Station, Brazos County, Texas, according to the Plat thereof recorded in Volume 82, Page 520, Deed Records of Brazos County, Texas Exceptions: The exceptions from the coverage of Vendor's warranties of title set forth in this instrument which are as follows: (1) Ad valorem taxes for the year 2004 and subsequent years not yet due and payable. (2) Thirty foot (30') building setback lines along the front of the lot, ten feet (10') along interior lot lines; five foot building setback and a twenty foot (20') garage setback line along the rear as provided in the plat and dedication recorded in Volume 82, Page 520 of the Deed Records of Brazos County, Texas. (3) Easement granted to Community Natural Gas Company by Oakwood Realty Company of College Station as set out in instrument dated September 6, 1935, recorded in Volume 89, Page 614 of the Deed Records of Brazos County, Texas. Consideration: All of the following consideration, the receipt and sufficiency of which are hereby acknowledged and confessed: (1) Ten Dollars ($10.00) cash in hand paid by Vendee to Vendor. (2) The execution and delivery by Vendee of the Note, secured by the Deed of Trust, which Note is additionally secured by the Vendor's Lien ( "Vendor's Lien ") herein retained. Grant For and in consideration of the Consideration, Vendor has granted, bargained, sold and conveyed, and does by these presents hereby grant, bargain, sell and convey the Property to Vendee, subject only to the Exceptions. Habendum et Tenendum 1744.16Owd Warranty Deed - Page 2 Doc Bk Vol Pg 00840987 OR 5789 150 To have and to hold the above - described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said Vendee, and unto Vendee's heirs, successors and assigns forever; and Vendor does hereby bind Vendor's heirs, successors and assigns to warrant and forever defend all and singular the said premises unto the said Vendee, and unto Vendee's heirs, successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof; by, through or under Vendor, but not otherwise, subject however, to the Exceptions. Vendor's Lien But it is expressly agreed that the Vendor's Lien, as well as the superior title in and to the above - described premises, is retained against the Property, premises and improvements until the Note and all interest thereon are fully paid according to the face, tenor, effect, and reading thereof, when this Deed shall become absolute, said Vendor's Lien being retained in favor of Lender, as if same had been retained by Vendor and assigned by proper assignment unto Lender, without recourse upon Vendor, Lender being thus fully subrogated to same. Execution and Effective Date This instrument is effective as of the Date Hereof. This instrument was executed on the date or dates of the acknowledgment or respective acknowledgments set forth below. Vendor: ie o J es P. O'Jibway THE STATE OF TEXAS § COUNTY OF L R"bS. § Before me (hiculc�, \ \.e .S (Notary printed name) on this day personally appeared James P. O'Jibway, known to me or proved to me through `r 5 t tCP_/lSR (State and DL or ID #) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this (9. ^ day of , 2003. W• • ALANA PHILLIPS I N� '� blic, State of Texas ■ NOtaly Public. State of Texas /\ My Commission Expires ` � . FEBRUARY 2.2006 1744.160wd Warranty Deed - Page 3 Exh; b, f N RECORDING PAID FOR BY: UTC 61648;SM ITH.BARRETT. W D.61648.wpd (aeh) d°". 'alto U; Cf1y Doc Bk Vol Ps ( :.„;"1 00931357 DR 7415 225 778 • Notice of Confidentiality Rights: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your social security number or your driver's license number. GENERAL WARRANTY DEED Date: LeVAI Z. 7 , 2006 t: Grantor: EDWIN A. SMITH, III AND RANENE C. SMITH Grantee: BRIAN D. BARRETT AND PATSY JEAN BARRETT Grantee's Mailing Address: 2q + 0I Consideration: TEN AND NO /100 DOLLARS (510.00) and other good and valuable consideration Property (including any improvements): Lots Nine (9), Ten (10), and Eleven (11), Block One (1), Oakwood Addition, City of College Station, according to plat thereof recorded in Volume 82, Page 520 of the Deed Records of Brazos County, Texas. Reservations from Conveyance: NONE. Exceptions to Conveyance and Warranty: 1. Restrictive covenants recorded in Volume 82, Page 520; Volume 131, Page 77 and Volume t 83, Page 201, Deed Records, Brazos County, Texas. 2. 25' building line on the northeast side; 20' building line on the southwest side; 7.5' building line on the northwest side; 15' building line on the southeast side; various overhead electrical lines generally in the south corner; as set out in restrictions recorded in Volume 82, Page 520, Volume 83, Page 201 and Volume 131, Page 77 of the Deed Records of Brazos County, Texas. 3. Encroachment of existing portable shed into the 20' building line on the southwest side of 7 the property, as shown on survey prepared by James W. MacArthur. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and t Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. When the context requires, singular nouns and pronouns include the plural. General Warranty Deed Page I } Do.. Bk Vol Pg .r 00931357 DR 7415 226 Ad valorem taxes for the current year have been prorated as of the date of delivery of this deed, and the Grantee by their acceptance hereof covenants and agrees to pay .11 ad valorem taxes upon the property from and including taxes for the year 2006. / 01 EDWIN A. SMITH, Ill RANENE C. SMITH • / / i h2( rngy • gd STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me n the 2 7 day of,June, 2006 by • Edwin Smith, III /i Q,fAX GZ � C1 Gt fr o j t_, / Q/hOA.i. appr Iry OF rri TUN J. N ARY PUBLIC, State of Texas Way hob, d ton M1 W ��!!o� Notary's name printed: i � '' ��� My commission expires: Filed for Record in: BRAZOS COUNTY On: Jun 290.006 at 02:519 As a NO LABEL RECORDING Document Number: 00931357 Amount 15.00 Receipt Number - 294124 8yr Cynthia Rincon STATE Of TEXAS COUNTY Of BRAZOS I hereby certify that this instrument was riled on the date and time stamped hereon by me and was duly recorded in the volume and Pave of the official Public records or: BRAZOS COUNTY as stamped hereon be me. Jun 2912006 HONORABLE KAREN 11CQUEEHr COUNTY CLERK BRAZOS COUNTY RECORDING PAID FOR BY: UTC 61648 PREPARED IN THE LAW OFFICE OF: AFTER RECORDING RETURN TO: HOELSCHER, LIPSEY, ELMORE & BENN, P.C. 1021 University Drive East College Station, Texas 77840 WC USMITH.BARRETT. WD.61648.wpd (aeh) GENERAL WARRANTY DEED EDWIN A. SMITH, III AND RANENE C. SMITH to BRIAN D. BARRETT AND PATSY JEAN BARRETT Genera! Warranty Deed Page 2 Doc Bk Vol py 00840987 OR 5789 151 Filed for Record in: OKIZOS COUNTY On: 1 >ec 23, 2003 at 04:14P As a Rec :ordings Perusing Number: 08648967 Aoount 15...s Receipt Nuober - 232987 Tereq.a Raeirez Hereby certify that this insbweot was filed on the s tr acd tilt stooped hereon by te and yes de1C Wearied in thr volume and pale of the acorn resereh of: ti siaq�d !WW1 try ee. Oec ;33, 2003 }NOE ION Nt HA LIUBY11.14( 6,11109 01.Nre ma1-; 1 e�t J /� L � {/�/�) /�� ,ollca -14 Tyr -H'�w► Adis e. { /' ! 77,9CW- L (_ • Email #1 I did receive the papers and will get them notarized next week. I knew I had to sign something, but wasn't sure what, so I'm glad you took care of it. We've appreciated your checks over the years-2 children made it through college! We'll definitely stay in touch. 1 would love for you to get a historical marker. The house was built in 1950. J. Wheeler Barger, who was my father's department head in the, Department of Agricultural Economics and Rural Sociology served as architect and maybe as contractor too. His wife just recently died. The lot was originally a pond and had to be filled in to be built on --thus the "tree well" in the front yard. That was kept to save the trees. The College Station city limits ended at the back yard. All the land behind the house was farmland. I remember sneaking under the fence from the back yard into the neighboring farm and being chased by a bull. The area under the back porch was originally built to serve as a place for my mother's outdoor plants to be put in the winter —but it was never used for that or anything else! My father, Tyrus Raymond Timm, was from the little town of Hallettsville, TX, and was a first generation American on his father's side. His father had immigrated from Prussia when he was 2 in the 1860's. My father graduated from A &M in 1934 and was a member of the Ross Volunteers. He later received a Master's degree from A&M. He tRUght at New Mexico State University for a while, later returning to A &M to teach. He and my mother met at a Halloween dance. She was teaching in the College Station schools and he was the most eligible bachelor in town. However, in the noise of the dance, she thought his name was Mr. Prim! He pursued her for quite a while before they got married in 1941. They moved to his house on Milner Street, which he had been sharing with � b some bachelor friends. They lived there when I was born in 1946 and we were there until they built your house. Before my birth, my father worked in the administration of Franklin Roosevelt during WWII. He was an economist with the Office of Price Administration. However, my mother wanted me to be born in Texas and so they returned to A &M before my I`� birth. After J. Wheeler Barger died, my father became the head of their department (it was in the 1950's but I don't remember the year) and served in that capacity until the early 1970's (again, the year is gone! It was before 1972 though.) He continued as a Professor in the department until his death in 1 977 (he was 65). He served on the National Cotton Council, was on the board of University National Bank, went to Europe several times to study the Common Market for the US government, and was chairman of the Houston Federal Reserve Branch board. He was a sought- after speaker and was frequently the keynote speaker for conferences.