215A - Maer, Mytinger & Walker8 aid Mabel Caviness, acknowledged such instrument to be her act and deed, and declared
she had willingly signed the same for the purposes and coneideratier, thereiu expressed,
and that she did not wish to retract it.
given under my hand and seal of office this 19 day of January, L.D. 1928.
iseal) - Fred G. Aston. hotary Public,
Wichita County, Texas.
Filed for record January 31st, 1928, at 4;57 NM
Recorded February 9th, 1928, at 3;45 PM
&lizabet�2(gg 11 rk County Court,
o hld ty, re
...,Deputy.
N.Lfewton Meer at al.
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Memo, of Agreement-19783 J. C. Mytit/ger at al.
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5 - 7
�TATa OF T2TA.9-
COUNTY OF WICRITA:
This Memorandum of Agreement, made and entered into this let day of October, A.D.
1927, by and between d. Newton E:aer, of Wichita County, Texas, hereinafter referred to as
:arty of the First !art, and J. C.-lytinger and M. D. Walker, of Wichita County, Texas, here
rnafter referred to as Parties of the Secoud Part, Witnesseth:
Whereas, party of the First Part is the owner of a certain tract of lend situated
in Wichita County, Texas, lyigg between the Wichita Valley Railroad Company right of way
and Sibley Avenue, more particularly described as follows:
Beginning at a point where ;he South line of Cheater Avenue intersects the West
.,Sue of Sluff Avenue;. thence in a northwesterly direction with the South line of Cheater
Avenue 332.6 feet to a stake in the South line of the Wichita Valley Railroad Company right
of way; thence Nest 211.5 feet to a stake in Said right of way line; thence South 140 feet
to a stake iu the North line of Sibley avenue; thence in a southeasterly direction 508.5 fee
to a point where the North, line of Sibley Avenue intersects the West line of Bluff Avenue;
theme in a. northeasterly direction 18.1 feet to the place of beginning, said tract of land
containing 53,752.5 square feet; and,
Whereas, Parties of the Second Part are the owners of all of Block Number Thirty
130) of the Jaloniek Addition to the City of Wichita Falls, Texas, as shown by the map of
said Addition, duly recorded in the Deed Reoords of Wichita uounty, Texas, save and except
a small strip of land heretofore conveyed to the Wichita Falls & Southern Railroad Company.
The balance of paid Block Number thirty 130) owned by the 'Parties of the Seo.,nd Part contain
8,432.6 square feet; and, -
Whereas, the Party of the First Part and the Parties of the Second Part jolntl;
.own (each party owning an undivided 50p interest) a certain tract of land acquired from the
City of Wichita Palls, Texas, by deed dated August 4th, 1927, recorded in Volume L85, pa,;e 1
Deed Records of Wichita County, Texas, to which reference is hereby made, said tract of land
containing 1L,219 aquare feet; and,
Whereas, the Parties hereto have agreed with each other to consolidate the three
tracts of land above described on the basis of the total number of square feet owned by
each party, said three tracts of land being shown by blue print hereto attached.
-t;ow, Therefore, it is agreed by and between the parties hereto, as follows:
let: The total area of the three tracts of land above described is 74,404.1
square feet and the pro rat& part of said total area to which Party of he First ,art is
entitled is 60.45)s, and the pro rate part of said total number of square feet to which
rarties of the Second Fart are entitled is 19.557.
2nd. In consideration of the sum of One and No/lu0 (41.0U) Dollars, cash in hair:
,;,aid by Partieb of the Second tart, to tarty of the First fart, the reoelpt of which is
hereby acknowledged, said Party of the First cart hereby grants,sells, and conveys upto
Parties of the Second Part, an undivided 19.55y6 interest in the said tract of land owned
by Party of the First Part above described containing 53,758.5 square feet.
3rd; in oonsideratiou of the sum of One and No/lUO (f1.J0) Dollars to them cash
in hand paid, the receipt of which is hereby acknowledged, by tarty of the First Part, the
ar ties of the Second rart hereby grant, sell and convey unto !arty of the First Part an
undivided 80.4* interest in and to all of that part of Block Number Thirty (3U) of the
Jaloniek Addition to the City of Wichita Falls, texas, owned by Parties of the Second hart
and containing 8,442.6 square feet.
4th: In consideration of the sum of One and No/100 (41.u0) Doll:re cash in hand
paid by each of the Parties hereto, by the other, it is mutually agreed by and between the
Parties hereto that the said tract of land heretofore acquired from the City of Wichita Fall
Texas, by deed above referred to oontaining 12,219 square feet, shall be owned jointly by
the Parties hereto, the Marty of the First Part owning an undivided 80.45p and the Parties
of the Second Part owning an undivided 19.5596 interest in said land.
5th: It is mutually agreed by and between the Parties hereto that all sales of
said land above described shall hereafter be made jointly by the Partieb hereto, and the
prooeocs of such sales shall be divided between the Parties hereto according to their
respective interests, that _a tarty of the first art shall receive 80.45* of such proceeds,
and Parties of the Second Part shall receive 19.557. of such proceeds.
6th: Taxes and all other expenses incident tv the ownership of said lards shall
be borne by the rUrtl.s hereto according to their respective interests as hereihbefore set
ou t.
.This agreement Shall be binding upon the Parties hereto, their heirs and assigns:
Witness the hands of the parties hereto, the day and year first above written.
W. Newton leer.
J. C. Lytinger.
M. D. Walker.
SPATE OF TdNAS p
COUNTY OF WICHTTA �
Before me, the uudcreigned authority, a Notary rublic, in and for Wichita County,
Texas, on this day personally appeared W. Newton i:aer, J. C. Lytim;er and M. D. Walker,
known to me to be the persona whose names are subscribed to the foregoing instrument, and
acknowledged to me that they executed the sa%e for the purposes and consideration therein
expressed.
Given under my hand and seal of office this Z2nd day of October, A.D. 1927.
(Seal) W. C. Pardo. Notary rublic,