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HomeMy WebLinkAboutLegal Documentsa~s~~ ~~ ~- QUITCLAIM DEED Dated: March.21, 1997 Grantors: Walter E. Ruff and Mary Ann Ruff 3738 Truesdale Place Dallas, Texas 75244 Grantee: Pooh's Park Development, Ltd. 3512 Parkway Terrace Circle Bryan, Texas-77802 F~.:. w . ~~.: ~, ,~, ~7 R~~ --~ p~ ~: 33. ~~r~::~:._:~:... _. " CicRA ~;,:. RRazas c;,t;;~T~~ co.~h; ~ousE 'YRt' TEXq, BY DEPUTY Recitations: 1. Grantor's herein .conveyed by Warranty Deed. with Vendor's Lien to Grantees herein, a certain tract or parcel of land being. described as ..Lot 1(1) Block 4 (4), Pooh's Park Subdivision Section One, an addition to the City _of College Station, Brazos County, Texas, according. to the plat recorded in Volume 314 Page 618 in the Deed Records of Brazos County, Texas, which Deed was recorded in Volume 2743 Page 17 of the Official Records of Brazos County Texas. 2. It was. the intent of Grantors'to convey to Grantee all of the property known as Lot 1, Block 4 described above, as well as any: adjacent strips, rights of way, or other interests in or between Lot 1, Block 4, and Lot 3, Block 1 of Pooh's Park Subdivision. 3. Whereas, the plat reference described in the. Deed of Conveyance referred to a plat filed of record in Volume 314, Page 618 of the Deed Records of Brazos County, Texas, which had been resubdivided by two separate documents,. including a resubdivision of Pooh's Park Subdivision, Section 1 filed of record in Volume 384, Page 867 by resubdivision plat dated September 1, ly l7, and hied iVOVember 3, iyi7 which resubdivision piat cnangeu ~iie dimensions of Lot 1, Block 4. 4. A second resubdivision plat of Pooh's Park Subdivision, Section 1, was filed as to the adjoining lot, said resubdivision plat dated January 1, 1979, and filed February 22, 1979 in Volume 419 Page 38 of the deed records of Brazos County,. Texas. 5. Whereas, by Warranty Deed dated May 9, 1986, Don R. Dale did convey to Walter E. Ruff 648.06 Sq. feet of land, described as being a portion of Lot 4, Block 3, Pooh's Park Subdivision, Section 1, as shown. on the resubdivision plat recorded in Volume 384, Page 867, of the Deed. Records of Brazos County, Texas,.. and more particularly described in .said deed recorded in Volume 881, Page. $49 of the deed records of Brazos County, Texas. 6. Grantors herein,. by the conveyance recited in paragraph 1.) above intended to convey all their interest Yn=and YCS"Lot 1, Block 4, as well as any interest they may have acquired in any strip by a deed described in preceding paragraph, or any interest it may have had in-any property as the result of the resubdivisions of Pooh's Park Subdivision, section one, described above, and intend by this deed, to fully quitclaim and convey to the Grantee herein, any interest they may have in Lot 1, Block 4, or Lot 3, Block 3 of Pooh's Park Subdivision, Section 1, V0~ 281 ~ PAGE 't~ according.. to .any plat, or resubdivision plat thereof, and by this deed intend to clear title to Lot 4, Block 1, and Lot 3, Block 3, which are both under common ownership by Grantee herein. Therefore, in consideration of $1.00 and other good and valuable consideration, the receipt of which is hereby acknowledged, Grantor does hereby grant, quitclaim; and convey to Grantee any right title and interest it may Own, if any, in and tothe following described property: First Tract: Being all that those certain lots or parcel. of land lying and being situated in Brazos. County, Texas and being all of Lot 1, and Block 4, all of lot. 3, Block 3, and a1T right title and interest, if any, in .and to Pooh's Lane, and designated on the plat of Pooh's Park Subdivision, Section 1, an addition to the City of .College Station, Brazos: County, Texas according to plat filed of record in Volume 314, Page 618 of the deed records of Brazos County, Texas. Tract Two: Any right title and interest grantor may own in Lot i, Block 4, and Lots 3 and 4, Block 3-of the resubdivision of Lots 1, 2, and 3, Block 3,,Pooh Lane, and Lot 1, Block 4 according to a resubdivision of Pooh's Park Subdivision, Section 1, said resubdivision plat recorded in Volume 384, Page 867 of the deed records of Brazos County, Texas. Tract Three: All Grantors interest in Lot 1, Block 4 and Lot 3, Block 3 of the resubdivision of Lots 1,2,3, and 4, Block 3, Pooh's Park Resubdivison, a resubdivision, Section One, an addition to the City of College Station, Brazos County, Texas, according to a plat filed of record in Volume 419, Page 38, of the Deed Records of Brazos County, Texas. In addition, Grantor, to the .extent legally required, does hereby give- his consent to the resubdivison plats referred to herein, and does hereby forever quitclaim all his right, tiile and interest in and to the above described property unto Grantee, its successors and assigns', 'Plus conveyance is made without. warranty., and is intended to and does hereby convey Grantor's interest, if any, in and to any tract adjoining both Lots 1, Block 4, and Lot 3,-Block 3, of Pooh's Park Subdivision, Section 1, according to the resubdivision plat recorded in Volume 419, Page 38, and which subdivision is an addition to College Station, Brazos County, Texas. Signed thi _ i~ ~: day of ch, 1997. Waiter E. Ruff - G'~,.~ Mary AnnJRuff 2 un~ (:(~I~~PAGE 43 STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF S' ~~ § This document w acknowledged before. me by Walter E. Ruff on the ~ day of c ice, 1997. ~ _ ,-~ +~, OAHIIA f. RIGS ~~ ~ ,~- Q .~ ~ ~ l was . S coa~sstosd Exams Notary olr~armoo i~~~* STATE.OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF B ~~~ § This document was aclaiowledged before me by Mary Ann Ruff on the ~ day of March, 1997. t l_ ~ ~ .; DANt1A E. RtoS Notary I ~ ~ ~ `'*~ COMM1SS1oPi IXP1R"aS Oi/2a12J{f0 ~~~ ti~ 3 kLCQKllING PAIll FUR 13 Y: UTC'`9;RUP l:(YDW) ~l~~f~( /~ ~"~ ~?~3~3 ~..n~,' ¢• ©FA~GS CUt~, ~ `~ ,~ 'i IlUUSE l ~ ... G~f~Yr1Ft. TE n'~" Lztt1L y ,' (1',h ~ ~ i~Jn ~ I'.OU~:(: WARRANTY D ~ WITtH VEND R'S LIE~~N "t= ~U Y -~ STATE OF TEXAS KNOW ALL MEN BY THESE. PRESENTS, THAT: COUNTY OF BRAZOS t,; r~r, 20 P~ I~ 50 r THIS WARRANTY DEED IS BEING REFILED ~'•~ R~ t `'? a ''. TO _CORRECT THE LEGAL DESCRIPTIOPT. ;~i'sx , ;;,,.;. , ,,, , _, ~ , •~~~h WALTER E. RUFF and MARY ANN RUFF, of the County of Brazos, State of Texas, GRANTORS, for and in consideration of the sum of TEN DOLLARS-($10.00) and other good and valuable considerations, paid and secured to be paid by POOH'S PARK DEVELOPMENT, LTD., whose address is 3512 Parkway Terrace,. Bryan, Texas 77802, GRANTEE, as follows: FIRST: The sum of TEN DOLLARS ($10.00) and otlier good and val-cable consideration; CASH, in Rand paid, the receipt and sufficiency of which is hereby acknowledged. SECOND: ONE HUNDRED THIRTY TWO THOUSAND AND 00/100 Dollars ($132,000.00) CASH in hand. paid, however, said stem is paid to Grantors by WALTER E. RUFF, ]lereinafter called. Mortgagee, at tlae request of Grantee and the receipt of same from said. Mortgagee is hereby acknowledged, and at the request of the Grantee herein, the Grantors retain a Vendor's Lien to secure 1VIortgagee in the repayment of the following described note: A note in the principal. sum of ONE I-IUNDRED THIRTY TWO THOUSAND AND 00/1.00 Dollars ($132,000.00) payable to the order of Mortgagee, as therein provided, said note .providing for the payment of attorney's fees. in the .event of default and also providing for accelerated. maturity as set out therein. And the Grantors herein ransfer, assign, sell, and convey. to said Mortgagee the Vendor's Lien as well as the superior title retained herein and aJ.l the equities, rights,. claims or privileges which Grantors have or may have $y reason of said Vendor's.: Lien.. TIae above described note is additiolially secured by a Deed of Trust of even date herewith executed by the Grantee herein to ~~even D. Ruff, Ti11s>=ee, for tine benefit of iviortgagee. ~;'y ; ; 1g i~ w::. ~i Y fiil'..9 u].FW tr1~, uY ~1 7'~rsai Y..•~Y'..Y HAVE GRANTED, SOLD AND CONVEYED and. by these presents do GRANT, SELL AND CONVEY unto the said POOH'S PARK .DEVELOPMENT, LTD., all. of the following. described real property, together with all of Grantors' ,improvements thereon, to-wit: Warrnnly Deed willr Venda''s Lien VO;. >!.,~~tJ PAGE ~.~ , Pnge 1 • _ Few.,.,; A11 that certain lot, ti°act or parcel of land lying and .being situated in Brazos County, Texas and bein~~,~t One (1), Block Four (4), Pooh's Park Subdivision Section One, an addition- to the Plat recorded. in Volume 314, page 618 of the Deed Records of Brazos County, Texas. *~* City of C Ile e-Statio Brazos County, Tega , ac din o th Seller sells the property anc~ buy~r accepts t~`ie property on an ~s ~s, where rs P~asisg 1~uyer ~as fully inspected the property to its satisfaction,.and relies: solely upa7 buyer's own' investigation and judgement in purchasing the property.. Seller and/or his agent make no ..representations or warranties of any ~7ature, whether express, implied, or implied by law, concerning or pertaining to tl~e condition, suitability, value, marketability, productivity, or income of the property. Seller hereby expressly dsclaims'any such. representation or warranty,. and buyer hereby acknowledges that no such representation or warranty has been:made by seller or his agent. This conveyance is made subject to the following restrictions and exceptions: 1. Easements as s110Wn on plat recorded in Volume 314, page 618 of the Deed Records of Brazos County, Texas. 2. .Easement dated April 14, 1937, executed by Sam Richardson, et al to City of Bryan, and recorded in Volume 98, page 214 of the Deed Records of Brazos County, Texas. 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 Grantee, its successors and .assigns, ,forever; and Grantors do hereby bind themselves, their heirs and assigns, to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, its successors and assigns, against every person whomsoever lawfully. claiming or to claim the same or any part thereof, subject, however, to the exceptions and encumbrances hereinabove set forth. But it is expressly agreed and stipulated .that the Vendor's Lien, as well as the Superior Title iii and to the above described premises, is retained against the above described property, premises and improvements until the above described note and all interest thereon are fully paid according to the face, tenor, effect and reading thereof, when this Deed shall become absolute. Grantee by its acceptance hereof covenants and agrees to pay all ad valorem taxes upon the property from and including taxes for the year 1997. WITNESS our hands this the 20th.. day of November, 1996, but to b ~ ective November 21, 1996. /~ ,; / ~ v r .WALTER E. RUFF. ~~ MARY NN RUFF Wurranly /Jcvd w!!h Vivtdur'.r Licit v ~' a, ~o~ 2`743`Pa~~'" 18 NH~.I.~ 4 ~~ 1 oaf ~ , Page 2 a CTAT~ OF TEXAS COUNTY OF BRA70S / TlZis insta•urnent was acknowledged before me on tlze~~ay of November, 1996 by WALTER E. RUFF gild MARY ANN RUFF. ~~~RY , ~~ yl~r~e~ll ~ h ~ a$ Notary Public -State of Texas ST~~ ®r ~' ~ / Q'S ~ ~ ° ~ ~~„~,~,, gyp, ~~Zl Notary's Name Printed: My commissionexpres: 7 ~. ~, ~. ~; ~~ ,i,,. n,° _ , ~~,:~ u ,; ~I, • #~../ ,. __. I ' RECORDING PAID. FOR BY: UTC 961999 - AFTER RECORDING RETURN TO: WARRANTY DEED WITH VENDOR'S LIEN WALTER E. RUFF and MARY ANN RUFF to POOH'S PARK DEVELOPMENT, LTD. PREPARED IN THE LAW OFFICE flF: HOELSCHER, LIPSEY, & ELMORE, P.C. 1021 University Drive East College Station, Texas 77840 WCL/RUF 1:(PDW) R~TUR UN~ ~ N TO C Mp~~TIT~~ Y - - `.~. per, ... ~ ~_r ~ .. y, .. ':YC. ;f.,, ~~~ei J !:'11i~ n,, ~,+. ... ',fir !'~~{ ;~Y „ f~~ ~_~'i r j :'t'?"~ i'~r ":~€~'iJ' 1+7~~6: t~1a:a 4'1uTft;i'lit' ;~ ir1~ ~~ f ~r4. i;t 43'!fl S' vk1 ;j~~ {, .~ ~'ttllt~~;ljC r''f~c~`? J~ fil,' ?if~~ !",~Zu C.'Ui~f i~'~C~~3ii r! t+yn r~{Usi«,'• ~nG i.lc..yf ( ,h~ ~i;, I' s fE;CCf~u$ +~& ~fii;G': ,utlf'1T~/,'~9Xr".r:, 3S afc'~.iiYJU ri?G~vGft ~3}I ~'TtO, E, ~ i', C~ -~ tt~~~ a, ; s ., .... ,.~ ,~~