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ORDINANCE NO.2014-209
AN ORDINANCE OF THE CITY OF DENTON, TEXAS FOR THE PURCHASE OF A 1.127
ACRE TRACT OF LAND BEING GENERALLY SITUATED IN THE T. M. DOWNING
SURVEY, ABSTRACT NO. 346, CITY OF DENTON, DENTON COUNTY, TEXAS
('PROPERTY INTEREST) FOR THE PUBLIC USE OF EXPANSION, CONSTRUCTION,
OPERATION, MAINTENANCE, AUGMENTATION, AND IMPROVEMENT OF ELECTRIC
TRANSMISSION AND DISTRIBUTION LINES, FACILITIES, STRUCTURES, AND
SUBSTATIONS FOR THE AMOUNT OF SIXTEEN THOUSAND FIVE HUNDRED
DOLLARS AND N0/100 ($16,500.00) FROM WILLIAM LEE TYSON, II, ROSEMARIE
VIRGINIA TYSON, ROBERT JOHN TYSON, BARBARA ANN WITTWER AND DWANE
DOUGLAS TYSON (COLLECTIVELY THE`OWNER), AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO EXECUTE THE NECESSARY AGREEMENT AND
DOCUMENTS FOR THE PURCHASE; AUTHORIZING THE EXPENDITURE OF FUNDS;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas (`City) has approved plans for
the construction of multiple electric transmission line and substation projects (DME Expansion
Projects);
WHEREAS, the DME Expansion Projects serve the public interest of the citizens of the
City by continuing to provide reliable electric service through electric utility infrastructure
expansion and improvements;
WHEREAS, numerous real property interests need to be acquired by the City to construct
the DME Expansion Projects;
WHEREAS, the City needs to acquire a 1.127 acre tract on property owned by William
Lee Tyson, II, Rosemarie Virginia Tyson, Robert John Tyson, Barbara Ann Wittwer, and Dwane
Douglas Tyson (collectively referred to herein as "Owne?) for the DME Expansion Projects
(?roperty Interest); the Property Interest is generally situated in the T. M. Downing Survey,
Abstract No. 346, City of Denton, Denton County, Texas, and is more fully described and
depicted in Exhibit"A; attached to the Contract of Sale;
WHEREAS, the Property Interest is to be used for the public use of expansion,
construction, operation, maintenance, augmentation, and improvement of electric transmission
and distribution lines, facilities, structures, and substations;
WHEREAS, the City made both an Initial Offer and Final Offer to the Owner to purchase
the Property Interest;
WHEREAS, the Owner has made a counteroffer to the Final Offer of City;
WHEREAS, the City is amenable to the counteroffer, and finds that it is in the best
interest to agree to it; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations and findings contained in the preamble of this ordinance
are incorporated by reference.
SECTION 2. The City Council finds that:
a. The DME Expansion Projects serve the public interest of the citizens of
the City by continuing to provide reliable electric service through electric utility
infrastructure expansion and improvements; and
b. The acquisition of the Property Interest is necessary for the public use of
expansion, construction, operation, maintenance, augmentation, and improvement of
electric transmission and distribution lines, facilities, structures, and substations as
required by the DME Expansion Projects.
SECTION 3. The City Manager, or his designee, is authorized to accept the Owner's
counteroffer to sell the Property Interest for the purchase price of Sixteen Thousand Five
Hundred Dollars and 00/100 ($16,500.00).
SECTION 4. The City Manager, or his designee, is authorized to (a) execute (i) the
Contract of Sale, by and between the City and Owner, in the form attached as Attachment 1; and
(ii) any other documents necessary for closing the transaction contemplated by the Contract of
Sale; and (b) to make expenditures in accordance with the terms of the Contract of Sale.
SECTION 5. It is the intention of the City Council of the City of Denton, Texas, that if
any phrase, sentence, section, or paragraph of this ordinance shall be declared unconstitutional or
otherwise invalid by final judgment of a court of competent jurisdiction such unconstitutionality
or invalidity shall not affect any of the remainder of this ordinance since the same would have
been enacted by the City Council without the incorporation of the unconstitutional or invalid
phrase, sentence, section or paragraph.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of _ , 2014.
CHRIS Vu 'l I"S, MAYOR
2
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
r
By:
APT )VEX A4 1"0 LEGAL FORM:
ANITA BURGESS, CITY A""ORNEY
By:
STATE OF TEXAS §
COUNTY OF DENTON §
CONTRACT OF SALE
NOTICE
YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOW), HAVE
THE RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT
REGARDING THE CITY OF DENTON'S ACQUISITION OF THE
PROPERTY WITH OTHERS; OR (2) KEEP THE OFFER OR
AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR
AGREEMENT IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE.
Th's Contract of Sale (the "Contract") is made this /5q'Jday of
2014, effective as of the date of execution hereof by Seller, as
defit herei . the "Effective Date"), by and between William Lee Tyson, II, Rosemarie
Virginia Tyson, Robert John Tyson, Barbara Ann Wittwer, and Dwane Douglas Tyson
(collectively referred to herein as "Seller") and the City of Denton, Texas, a Home Rule
Municipal Corporation of Denton County, Texas (referred to herein as "Buyer").
RECITALS
WHEREAS, Seller owns an undivided interest in that certain tract of land being
more particularly described and depicted on Exhibit "A", attached hereto and made a part
hereof for all purposes, being located in Denton County, Texas (the "Land"); and
WHEREAS, Seller desires to sell to Buyer, and Buyer desires to buy from Seller,
the Land, together with any and all rights or interests of Seller in and to adjacent streets,
alleys and rights of way and together with all and singular the improvements and fixtures
thereon and all other rights and appurtenances to the Land (collectively, the "Property").
ARTICLE I
SALE OF PROPERTY
For the consideration hereinafter set forth, and upon the terms, conditions and
provisions herein contained, and subject to the reservations herein, Seller agrees to sell
and convey to Buyer, and Buyer agrees to purchase from Seller, the Property.
Seller, subject to the limitation of such reservation made herein, shall reserve, for
themselves, their heirs, devisees, successors and assigns all oil, gas and other minerals in,
on and under and that may be produced from the Property. Seller, their heirs, devisees,
successors and assigns shall not have the right to use or access the surface of the
Property, in any way, manner or form, in connection with or related to the reserved oil,
gas, and other minerals and/or related to exploration and/or production of the oil, gas and
other minerals reserved herein, including without limitation, use or access of the surface
of the Property for the location of any well or drill sites, well bores, whether vertical or
any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank
batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or
lateral support for any surface facilities or well bores, or any other infrastructure or
improvement of any kind or type in connection with or related to the reserved oil, gas and
other minerals, and/or related to the exploration or production of same.
As used herein, the term "minerals" shall include oil, gas and all associated
hydrocarbons, and shall exclude (i) all substances (except oil, gas and all associated
hydrocarbons) that any reasonable extraction, mining or other exploration and/or
production method, operation, process or procedure would consume, deplete or destroy
the surface of the Property; and (ii) all substances (except oil and gas) which are at or
near the surface of the Property. The intent of the parties hereto is that the meaning of
the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v.
Wylie, 597 S.W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Property" shall include the area from the
surface of the earth to a depth of five hundred feet (500') below the surface of the earth
and all areas above the surface of the earth.
ARTICLE II
PURCHASE PRICE AND EARNEST MONEY
2.01 Purchase Price. The Purchase Price to be paid collectively to Seller for the
Property is the sum of sixteen -thousand -five -hundred and no/100t's DOLLARS
($16,500.00) (the "Purchase Price"). Allocation of the Purchase Price as between the
Sellers is the responsibility of the Seller; Buyer's only obligation for payment is to fund
the full purchase at Closing.
2.02 Earnest Money. Buyer shall deposit the sum of One Thousand and No/100
Dollars ($1,000.00), as Earnest Money (herein so called) with Title Resources, LLC, 525
South Loop 288 , Suite 125, Denton, Texas, 76205, (the "Title Company"), as escrow
agent, within fourteen (14) calendar days of the Effective Date hereof. All interest earned
thereon shall become part of the Earnest Money and shall be applied or disposed of in the
same manner as the original Earnest Money deposit, as provided in this Contract. If the
purchase contemplated hereunder is consummated in accordance with the terms and the
provisions hereof, the Earnest Money, together with all interest earned thereon, shall be
applied to the Purchase Price at Closing. In all other events, the Earnest Money, and the
interest accrued thereon, shall be disposed of by the Title Company as provided in this
Contract.
2.03 Independent Contract Consideration. Within fourteen (14) calendar days after
the Effective Date, Buyer shall deliver to the Title Company, payable to and for the
benefit of Seller, a check in the amount of One Hundred and No/100 Dollars ($100.00)
Contract of Sale
Page 2 of 24
(the "Independent Contract Consideration"), which amount the parties hereby
acknowledge and agree has been bargained for and agreed to as consideration for Seller's
execution and delivery of the Contract. The Independent Contract Consideration is in
addition to, and independent of any other consideration or payment provided in this
Contract, is non-refundable, and shall be retained by Seller notwithstanding any other
provision of this Contract.
ARTICLE III
TITLE AND SURVEY
3.01 Title Commitment.
(a) Within twenty (20) calendar days after the Effective Date, Seller shall cause to be
furnished to Buyer a current Commitment for Title Insurance (the "Title
Commitment") for the Property, issued by Title Company. The Title
Commitment shall set forth the state of title to the Property, including a list of
liens, mortgages, security interests, encumbrances, pledges, assignments, claims,
charges, leases (surface, space, mineral, or otherwise), conditions, restrictions,
options, severed mineral or royalty interests, conditional sales contracts, rights of
first refusal, restrictive covenants, exceptions, easements (temporary or
permanent), rights -of -way, encroachments, or any other outstanding claims,
interests, estates or equities of any nature (each of which are referred to herein as
an "Exception").
(b) Along with the Title Commitment, Seller shall also cause to be delivered to
Buyer, at Buyer's sole cost and expense, true and correct copies of all instruments
that create or evidence Exceptions (the "Exception Documents"), including those
described in the Title Commitment as exceptions to which the conveyance will be
subject and/or which are required to be released or cured at or prior to Closing.
3.02 Survey. Within thirty (30) calendar days after the Effective Date, Seller shall
cause to be prepared at Buyer's expense, a current on the ground survey of the Property
(the "Survey"). The contents of the Survey shall be prepared by a surveyor selected by
Buyer and shall include the matters prescribed by Buyer, which may include but not be
limited to, a depiction of the location of all roads, streets, easements and rights of way,
both on and adjoining the Property, water courses, 100 year flood plain, fences and
improvements and structures of any kind. The Survey shall describe the size of the
Property, in acres, and contain a metes and bounds description thereof. Seller shall
furnish or cause to be furnished any affidavits, certificates, assurances, and/or resolutions
as required by the Title Company in order to amend the survey exception as required by
Section 3.05 below. The description of the Property as set forth in the Survey, at the
Buyer's election, shall be used to describe the Property in the deed to convey the Property
to Buyer and shall be the description set forth in the Title Policy.
3.03 Review of Title Commitment, Survey and Exception Documents. Buyer shall
have a period of fifteen (15) calendar days (the "Title Review Period") commencing with
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Page 3 of 24
the day Buyer receives the last of the Title Commitment, the Survey, and the Exception
Documents, in which to give written notice to Seller, specifying Buyer's objections to
one or more of the items ("Objections"), if any. All items set forth in the Schedule C of
the Title Commitment, and all other items set forth in the Title Commitment which are
required to be released or otherwise satisfied at or prior to Closing, shall be deemed to be
Objections without any action by Buyer.
3.04 Seller's Obligation to Cure; Buyer's Right to Terminate. The Seller shall,
within twenty (20) calendar days after Seller is provided notice of Objections, either
satisfy the Objections at Seller's sole cost and expense or promptly notify Buyer in
writing of the Objections that Seller cannot or will not satisfy at Seller's expense.
Notwithstanding the foregoing sentence, Seller shall, in any event, be obligated to cure
those Objections or Exceptions that have been voluntarily placed on or against the
Property by Seller after the Effective Date. If Seller fails or refuses to satisfy any
Objections that Seller is not obligated to cure within the allowed twenty (20) calendar day
period, and if Buyer does not agree in writing to an extension of that period, said
extension to not exceed an additional thirty (30) calendar days, then Buyer has the option
of either:
(a) waiving the unsatisfied Objections by, and only by, notice in writing to Seller
prior to Closing, in which event those Objections shall become Permitted
Exceptions (herein so called), or
(b) terminating this Contract by notice in writing prior to Closing and receiving back
the Earnest Money, in which latter event Seller and Buyer shall have no further
obligations, one to the other, with respect to the subject matter of this Contract.
3.04.A Additional Title Commitment. Due to the fact that the effective period of the
Title Commitment shall expire prior to Closing, Seller shall cause to be furnished to
Buyer, no earlier than ninety one (91) calendar days after the Effective Date and no later
than one hundred ten (110) calendar days after the Effective Date, a Title Commitment
("Updated Commitment"), in the form of the Title Commitment prescribed by Section
3.01, above. Buyer shall have fifteen (15) calendar days to review and provide
Objections, if any, to the items in the Updated Commitment in the same manner as
prescribed by Section 3.03 related to the Title Commitment. All time periods related to
review and cure of the Objections, waiver of uncured Objections and termination of this
Contract, as set forth in Article III, above, shall be applicable to the Objections by Buyer
to the Updated Commitment, if any, and Closing shall be so extended to accommodate
such review and cure period.
3.05 Title Policy. At Closing, Seller, at Buyer's sole cost and expense, shall cause a
standard Texas Owner's Policy of Title Insurance ("Title Policy") to be furnished to
Buyer. The Title Policy shall be issued by the Title Company, in the amount of the
Purchase Price and insuring that Buyer has indefeasible fee simple title to the Property,
subject only to the Permitted Exceptions. The Title Policy may contain only the
Permitted Exceptions and shall contain no other exceptions to title, with the standard
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printed or common exceptions amended or deleted as follows:
(a) survey exception must be amended if required by Buyer to read "shortages in
area" only (although Schedule C of the Title Commitment may condition
amendment on the presentation of an acceptable survey and payment, to be borne
solely by Buyer, of any required additional premium);
(b) no exception will be permitted for "visible and apparent easements" or words to
that effect (although reference may be made to any specific easement or use
shown on the Survey, if a Permitted Exception);
(c) no exception will be permitted for "rights of parties in possession";
(d) no liens will be shown on Schedule B.
Notwithstanding the enumeration of the following exceptions, amendments and/or
deletions, Buyer may object to any Exception it deems material, in its sole discretion.
ARTICLE IV
FEASIBILITY REVIEW PERIOD
4.01 Review Period. Any term or provision of this Contract notwithstanding, the
obligations of Buyer specified in this Contract are wholly conditioned on Buyer's having
determined, in Buyer's sole and absolute discretion, during the period commencing with
the Effective Date of this Contract and ending sixty (60) calendar days thereafter (the
"Absolute Review Period"), based on such tests, examinations, studies, investigations and
inspections of the Property the Buyer deems necessary or desirable, including but not
limited to studies or inspections to determine the existence of any environmental hazards
or conditions, performed at Buyer's sole cost, that Buyer finds the Property suitable for
Buyer's purposes. Buyer is granted the right to conduct engineering studies of the
Property, and to conduct a physical inspection of the Property, including inspections that
invade the surface and subsurface of the Property. If Buyer determines, in its sole
judgment, that the Property is not suitable, for any reason, for Buyer's intended use or
purpose, the Buyer may terminate this Contract by written notice to the Seller, as soon as
reasonably practicable, but in any event prior to the expiration of the Absolute Review
Period, in which case the Earnest Money will be returned to Buyer, and neither Buyer nor
Seller shall have any further duties or obligations hereunder. In the event Buyer elects to
terminate this Contract pursuant to the terms of this Article IV, Section 4.01, Buyer will
provide to Seller copies of (i) any and all non -confidential and non -privileged reports and
studies obtained by Buyer during the Absolute Review Period; and (ii) the Survey.
ARTICLE V
REPRESENTATIONS, WARRANTIES, COVENANTS AND
AGREEMENTS
5.01 Representations and Warranties of Seller. To induce Buyer to enter into this
Contract of Sale
Page 5 of 24
Contract and consummate the sale and purchase of the Property in accordance with the
terms and provisions herewith, Seller represents and warrants to Buyer as of the Effective
Date and as of the Closing Date, except where specific reference is made to another date,
that:
(a) The descriptive information concerning the Property set forth in this Contract is
complete, accurate, true and correct.
(b) There are no adverse or other parties in possession of the Property or any part
thereof, and no party has been granted any license, lease or other right related to
the use or possession of the Property, or any part thereof, except those described
in the Leases, as defined in Article V, Section 5.02(a).
(c) The Seller has good and marketable fee simple title to the Property, subject only
to the Permitted Exceptions.
(d) The Seller has the full right, power, and authority to sell and convey the Property
as provided in this Contract and to carry out Seller's obligations hereunder.
(e) The Seller has not received notice of, and has no other knowledge or information
of, any pending or threatened judicial or administrative action, or any action
pending or threatened by adjacent landowners or other persons against or
affecting the Property.
(f) The Seller has disclosed to Buyer in writing of any and all facts and
circumstances relating to the physical condition of the Property that may
materially and adversely affect the Property and operation or intended operation
thereof, or any portion thereof, of which Seller has knowledge.
(g) The Seller has paid all real estate and personal property taxes, assessments,
excises, and levies that are presently due, if any, which are against or are related
to the Property, or will be due as of the Closing, and the Property will be subject
to no such liens.
(h) The Seller shall convey the Property free and clear of all debts, liens and
encumbrances.
(i) Seller has not contracted or entered into any agreement with any real estate
broker, agent, finder, or any other party in connection with this transaction or
taken any action which would result in any real estate broker commissions or
finder's fee or other fees payable to any other party with respect to the
transactions contemplated by this Contract.
(j) To the best of Seller's knowledge, there has not occurred the disposal or release
of any Hazardous Substance to, on or from the Property.
Contract of Sale
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As used in this Contract, "Hazardous Substance" means and includes all
hazardous and toxic substances, waste or materials, chemicals, and any pollutant
or contaminant, including without limitation, PCB's, asbestos, asbestos -
containing material, petroleum products. and raw materials, that. are included
under or regulated by any Environmental Law or that would or may pose a health,
safety or environmental hazard.
As used in this Contract, "Environmental Law" means and includes all federal,
state, and local statutes, ordinances, regulations and rules presently in force or
hereafter enacted relating to environmental quality, contamination, and clean-up
of Hazardous Substances, including without limitation, the Comprehensive
Environmental Response, Compensation and Liability Act (42 U.S.C. 9601, et
seq.), as amended by the Superfund Amendments and Reauthorization Act of
1986, the Resource Conservation and Recovery Act (42 U.S.C. 6901, et seq.), as
amended, Toxic Substance Control Act, 15 U.S.C. 2601, et seq., and state
superlien and environmental clean-up statutes and all rules and regulations
presently or hereafter promulgated under or related to said statutes, as amended.
(k) All Leases, as defined in Article V, Section 5.02(a), shall have expired or
otherwise terminated and any and all tenants or parties occupying the Property
pursuant to the Leases shall have permanently abandoned and vacated the
Property on or before the date of Closing.
(1) The Seller is not a "foreign person" as defined in Section 1445 of the Internal
Revenue Code of 1986, as amended.
5.02 Covenants and Agreements of Seller. Seller covenants and agrees with Buyer
as follows:
(a) Unless stated otherwise, within ten (10) calendar days after the Effective Date,
Seller, at Seller's sole cost and expense, shall deliver to Buyer, with respect to the
Property, true, correct, and complete copies of the following:
(i) All lease agreements and/or occupancy agreements and/or licenses of any
kind or nature (if oral, Seller shall provide to Buyer in writing all material
terms thereof) relating to the possession of the Property, or any part
thereof, including any and all modifications, supplements, and
amendments thereto (the "Leases").
(ii) All environmental audits, soil tests and engineering and feasibility reports,
including any and all modifications, supplements and amendments thereto,
with respect to the Property that Seller possesses or has the right to
receive.
(b) From the Effective Date until the date of Closing or earlier termination of this
Contract, Seller shall:
Contract of Sale
Page 7 of 24
(i) Not enter into any written or oral contract, lease, easement or right of way
agreement, conveyance or any other agreement of any kind with respect
to, or affecting, the Property that will not be fully performed on or before
the Closing or would be binding on Buyer or the Property after the date of
Closing.
(ii) Advise the Buyer promptly of any litigation, arbitration, or administrative
hearing concerning or affecting the Property.
(iii) Not take, or omit to take, any action that would result in a violation of the
representations, warranties, covenants, and agreements of Seller.
(iv) Not sell, assign, lease or convey any right, title or interest whatsoever in or
to the Property, or create, grant or permit to be attached or perfected, any
lien, encumbrance, or charge thereon.
(c) Seller shall indemnify and hold Buyer harmless, to the extent permitted by law,
from all loss, liability, and expense, including, without limitation, reasonable
attorneys' fees, arising or incurred as a result of any liens or claims resulting from
labor or materials furnished to the Property under any written or oral contracts
arising or entered into prior to Closing.
5.03 Survival Beyond Closing. Notwithstanding anything to the contrary contained in
this Contract, the representations, warranties, covenants and agreements of Seller
contained in this Contract shall survive the Closing, and shall not, in any circumstance,
be merged with the Special Warranty Deed, as described in Article VII, Section 7.02(a).
ARTICLE VI
CONDITIONS PRECEDENT TO PERFORMANCE
6.01 Performance of Seller's Obligations. Buyer is not obligated to perform under
this Contract unless, within the designated time periods, all of the following shall have
occurred:
(a) Seller has performed, furnished, or caused to be furnished to Buyer all items
required to be so performed or furnished under other sections of this Contract; and
(b) Seller cures or Buyer waives in writing, within the time periods specified in
Article III, all of Buyer's objections made in accordance with Article III.
6.02 Breach of Seller's Representations, Warranties, Covenants and Agreements.
Buyer is not obligated to perform under this Contract unless all representations,
warranties, covenants and agreements of Seller contained in this Contract are true and
correct or have been performed, as applicable, as of the Closing Date, except where
specific reference is made to another date.
Contract of Sale
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6.03 Adverse Change. Buyer is not obligated to perform under this Contract, if on the
date of Closing, any portion of the Property has been condemned by an entity other than
Buyer, or is the subject of condemnation, eminent domain, or other material proceeding
initiated by an entity other than Buyer, or the Property, or any part thereof, has been
materially or adversely impaired in any manner.
6.04 Review Period. Buyer is not obligated to perform under this Contract if Buyer
delivers notice to Seller pursuant to Article IV, Section 4.01 that Buyer has determined
that the Property is unsuitable to or for Buyer's purposes.
6.05 Buyer's Right to Waive Conditions Precedent. Notwithstanding anything
contained in this Contract to the contrary, Buyer may, at Buyer's option, elect to waive
any of the conditions precedent to the performance of Buyer's obligations under this
Contract by giving to the Seller, at any time prior to Closing, a written waiver specifying
the waived condition precedent.
6.06 Buyer's Termination if Conditions Precedent Not Satisfied or Waived. If any
of the conditions precedent to the performance of Buyer's obligations under this Contract
have not been satisfied by Seller or waived by the Buyer, the Buyer may, by giving
written notice to Seller, terminate this Contract. On Buyer's termination, the Earnest
Money shall be immediately returned to Buyer by the Title Company. The Seller shall,
on written request from Buyer, promptly issue the instructions necessary to instruct the
Title Company to return to Buyer the Earnest Money and, thereafter, except as otherwise
provided in this Contract, Buyer and Seller shall have no further obligations under this
Contract, one to the other.
ARTICLE VII
CLOSING
7.01 Date and Place of Closing. The Closing (herein so called) shall take place in the
offices of the Title Company and shall be accomplished through an escrow to be
established with the Title Company, as escrowee. The Closing Date (herein sometimes
called), shall be one hundred and eighty (180) calendar days after the Effective Date,
unless otherwise mutually agreed upon by Buyer and Seller.
7.02 Items to be Delivered at the Closing.
(a) Seller. At the Closing, Seller shall deliver or cause to be delivered to Buyer or
the Title Company, at the expense of the party designated herein, the following
items:
(i) The Title Policy, in the form specified in Article III, Section 3.05;
(ii) The General Warranty Deed, substantially in the form as attached hereto
as Exhibit `B", subject only to the Permitted Exceptions, if any, duly
executed by Seller and acknowledged;
Contract of Sale
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(iii) Other items reasonably requested by the Title Company as administrative
requirements for consummating the Closing.
(b) Buyer. At the Closing, Buyer shall deliver to Seller or the Title Company, the
following items:
(i) The sum required by Article II, Section 2.01, less the Earnest Money and
interest earned thereon, in the form of a check or cashier's check or other
immediately available funds;
(ii) Other items reasonably requested by the Title Company as administrative
requirements for consummating the Closing.
7.03 Adjustments at Closing. Notwithstanding anything to the contrary contained in
this Contract and without limiting the general application of the provisions of Section
5.03, above, the provisions of this Article VII, Section 7.03 shall survive the Closing.
The following item shall be adjusted or prorated between Seller and Buyer with respect to
the Property:
(a) Ad valorem taxes relating to the Property for the calendar year in which the
Closing shall occur shall be prorated between Seller and Buyer as of the Closing
Date. If the actual amount of taxes for the calendar year in which the Closing
shall occur is not known as of the Closing Date, the proration at Closing shall be
based on the amount of taxes due and payable with respect to the Property for the
preceding calendar year. As soon as the amount of taxes levied against the
Property for the calendar year in which Closing shall occur is known, Seller and
Buyer shall readjust in cash the amount of taxes to be paid by each party with the
result that Seller shall pay for those taxes attributable to the period of time prior to
the Closing Date (including, but not limited to, subsequent assessments for prior
years due to change of land usage or ownership occurring prior to the date of
Closing) and Buyer shall pay for those taxes attributable to the period of time
commencing with the Closing Date.
7.04 Possession at Closing. Possession of the Property shall be delivered to Buyer at
Closing.
7.05 Costs of Closing. Each party is responsible for paying the legal fees of its
counsel, in negotiating, preparing, and closing the transaction contemplated by this
Contract. Seller is responsible for paying fees, costs and expenses identified herein as
being the responsibility of Seller. Buyer is responsible for paying fees, costs and
expenses identified herein as being the responsibility of Buyer. If the responsibility for
such costs or expenses associated with closing the transaction contemplated by this
Contract are not identified herein, such costs or expenses shall be allocated between the
parties in the customary manner for closings of real property similar to the Property in
Denton County, Texas.
Contract of Sale
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ARTICLE VIII
DEFAULTS AND REMEDIES
8.01 Seller's Defaults and Buyer's Remedies.
(a) Seller's Defaults. Seller is in default under this Contract on the occurrence of any
one or more of the following events:
(i) Any of Seller's warranties or representations contained in this Contract are
untrue on the Closing Date; or
(ii) Seller fails to meet, comply with or perform any covenant, agreement,
condition precedent or obligation on Seller's part required within the time
limits and in the manner required in this Contract; or
(iii) Seller fails to deliver at Closing, the items specified in Article VII,
Section 7.02(a) of this Contract for any reason other than a default by
Buyer or termination of this Contract by Buyer pursuant to the terms
hereof prior to Closing.
(b) Buyer's Remedies. If Seller is in default under this Contract, Buyer as Buyer's
sole and exclusive remedies for the default, may, at Buyer's sole option, do any of
the following:
(i) Terminate this Contract by written notice delivered to Seller in which
event the Buyer shall be entitled to a return of the Earnest Money, and
Seller shall, promptly on written request from Buyer, execute and deliver
any documents necessary to cause the Title Company to return to Buyer
the Earnest Money;
(ii) Enforce specific performance of this Contract against Seller, requiring
Seller to convey the Property to Buyer subject to no liens, encumbrances,
exceptions, and conditions other than those shown on the Title
Commitment, whereupon Buyer shall waive title objections, if any, and
accept such title without reduction in Purchase Price on account of title
defects and shall be entitled to assert any rights for damages based on
Seller's representations, warranties and obligations that are not waived by
Buyer by its acceptance of Seller's title; and
(iii) Seek other recourse or relief as may be available to Buyer at or by law,
equity, contract or otherwise.
8.02 Buyer's Default and Seller's Remedies.
(a) Buyer's Default. Buyer is in default under this Contract if Buyer fails to deliver
at Closing, the items specified in Article VII, Section 7.02(b) of this Contract for
Contract of Sale
Page 11 of 24
any reason other than a default by Seller under this Contract or termination of this
Contract by Buyer pursuant to the terms hereof prior to Closing..
(b) Seller's Remedy. If Buyer is in default under this Contract, Seller, as Seller's
sole and exclusive remedies for the default, may, at Seller's sole option, do either
one of the following:
(i) Terminate this Contract by written notice delivered to Buyer in which
event the Seller shall be entitled to a return of the Earnest Money, and
Buyer shall, promptly on written request from Seller, execute and deliver
any documents necessary to cause the Title Company to return to Seller
the Earnest Money; or
(ii) Enforce specific performance of this Contract against Buyer.
ARTICLE IX
MISCELLANEOUS
9.01 Notice. All notices, demands, requests, and other communications required
hereunder shall be in writing, delivered, unless expressly provided otherwise in this
Contract, by telephonic facsimile, by hand delivery or by United States Mail, and shall be
deemed to be delivered, upon the earlier to occur of (a) the date provided if provided by
telephonic facsimile or hand delivery, and (b) the date of the deposit of, in a regularly
maintained receptacle for the United States Mail, registered or certified, return receipt
requested, postage prepaid, addressed as follows:
SELLER: BUYER:
Telecopy
Copies to:
For. Seller:_
Telecopy:
City of Denton
Paul Williamson
Real Estate and Capital Support
901-A Texas Street
Denton, Texas 76209
Telecopy: (940) 349-8951
For Bum
John E. Kelsey, Attorney at Law
Kelsey, Kelsey & Hickey, PLLC
P.O. Box 918
Denton, Texas 76202
Telecopy: (940) 387-9553
Contract of Sale
Page 12 of 24
9.02 Governing Law and Venue. This Contract is being executed and delivered and
is intended to -be performed in the State of Texas, the laws of Texas governing the
validity, construction, enforcement and interpretation of this Contract. THIS
CONTRACT IS PERFORMABLE IN, AND THE EXCLUSIVE VENUE FOR ANY
ACTION BROUGHT WITH RESPECT HERETO, SHALL LIE IN DENTON
COUNTY, TEXAS.
9.03 Entirety and Amendments. This Contract embodies the entire agreement
between the parties and supersedes all prior agreements and understandings, if any,
related to the Property, and may be amended or supplemented only in writing executed
by the party against whom enforcement is sought.
9.04 Parties Bound. This Contract is binding upon and inures to the benefit of Seller
and Buyer, and their respective successors and assigns. If requested by Buyer, Seller
agrees to execute, acknowledge and record a memorandum of this Contract in the Real
Property Records of Denton County, Texas, imparting notice of this Contract to the
public.
9.05 Risk of Loss. If any damage or destruction to the Property shall occur prior to
Closing, or if any condemnation or any eminent domain proceedings are threatened or
initiated by an entity or party other than Buyer that might result in the taking of any
portion of the Property, Buyer may, at Buyer's option, do any of the following:
(a) Terminate this Contract and withdraw from this transaction without cost,
obligation or liability, in which case the Earnest Money shall be immediately
returned to Buyer; or
(b) Consummate this Contract, in which case Buyer, with respect to the Property,
shall be entitled to receive any (i) in the case of damage or destruction, all
insurance proceeds; and (ii) in the case of eminent domain, proceeds paid for the
Property related to the eminent domain proceedings.
Buyer shall have a period of up to ten (10) calendar days after receipt of written
notification from Seller on the final settlement of all condemnation proceedings or
insurance claims related to damage or destruction of any improvement located on
the Property, in which to make Buyer's election. In the event Buyer elects to
close prior to such final settlement, then the Closing shall take place as provided
in Article VII, above, and there shall be assigned by Seller to Buyer at Closing all
interests of Seller in and to any and all insurance proceeds or condemnation
awards which may be payable to Seller on account of such event. In the event
Buyer elects to close upon this Contract after final settlement, as described above,
Closing shall be held five (5) business days after such final settlement.
9.06 Further Assurances. In addition to the acts and deeds recited in this Contract
Contract of Sale
Page 13 of 24
and contemplated to be performed, executed and/or delivered by Seller and Buyer, Seller
and Buyer agree to perform, execute and/or deliver, or cause to be performed, executed
and/or delivered at the Closing or after the Closing, any further deeds, acts, and
assurances as are. reasonably necessary to consummate the transactions contemplated
hereby. Notwithstanding anything to the contrary contained in this Contract and without
limiting the general application of the provisions of Section 5.03, above, the provisions
of this Article IX, Section 9.06 shall survive Closing.
9.07 Time is of the Essence. It is expressly agreed between Buyer and Seller that time
is of the essence with respect to this Contract.
9.08 Exhibits. The Exhibits which are referenced in, and attached to this Contract, are
incorporated in and made a part of, this Contract for all purposes.
9.09 Delegation of Authority. Authority to take any actions that are to be, or may be,
taken by Buyer under this Contract, including without limitation, adjustment of the
Closing Date, are hereby delegated by Buyer, pursuant to action by the City Council of
Denton, Texas, to Frank Payne, P.E., City Engineer of Buyer, or his designee.
9.10 Contract Execution. This Contract of Sale may be executed in any number of
counterparts, all of which taken together shall constitute one and the same agreement, and
any of the parties hereto may execute this Agreement by signing any such counterpart.
9.11 Business Days. If the Closing Date or the day of performance required or
permitted under this Contract falls on a Saturday, Sunday or Denton County holiday, then
the Closing Date or the date of such performance, as the case may be, shall be the next
following regular business day.
9.12 Relocation. Relocation advisory services and relocation financial assistance, if
applicable pursuant to Ordinance No. 2012-073 (the "Relocation Ordinance"), shall be
administered as provided by the Relocation Ordinance, aside and apart from the
transaction contemplated by this Contract.
9.13 Seller Participation Contingency. This contract is contingent upon the full
participation of all Sellers. Further, the Sellers are independently liable for their
respective obligations as set forth herein. Buyer may waive the contingency stated in this
paragraph.
9.14 Continuing Obligation for Cooperation. Among the other continuing
obligations contained herein, Sellers shall cooperate with Buyer in the gathering of
information and/or documenting of Sellers' respective interests in the Property, and shall
acquire and/or execute such other appropriate documents as are a reasonably necessary or
advisable to properly document their respective and/or collective ownership interests in
the Property, such documents to include, without limitation, execution and collection
from disinterested parties of affidavits of heirship. Seller's performance of this
obligation is a condition precedent to Buyer's obligation to close.
Contract of Sale
Page 14 of 24
9.15 Duplicate Originals, Counterparts. This Agreement may be executed in several
counterparts and/or duplicate originals, each of which shall be deemed an original and all of
which when taken together shall constitute but one and the same Agreement. In the event
that a comparison of the multiple agreements reveals that the Agreements contain
differences or inconsistencies, then the Agreement which is first executed and signed by all
of the parties shall be deemed the original Agreement and all other agreements, although
duly signed by the parties, shall be deemed inferior and subordinate to the first signed
Agreement.
SELLER:
L M LEE TYSON, II Date
y
ROSEMARM VIRGINIA V'-IYSOIq- Date
� ?16KT44�� -
ROBERT 10fiN TYSON
*:i;lRBAR�AA N WITTWER p
DWANE DOUGLA "'SON
Contract of Sale
Page 15 of 24
4-Alll y
Date
l� l
Date
Date
BUYER:
By:
George C. Campbell, CITY MANAGER
Executed by Buyer on the ._. day of _ 2014.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
mm
APPROVED AS TO LEGAL FORM:
JOHN E. KELSEY, KELSEY, KELSEY & HICKEY, PLLC
a
B.
Contract of Sale
Page 16 of 24
RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acknowledges receipt of an executed copy
of this Contract. Title Company agrees to comply with, and be bound by, the terms and
provisions of this Contract and to perform its duties pursuant to the provisions of this
Contract and comply with Section 6045(e) of the Internal Revenue Code of 1986, as
amended from time to time, and as further set forth in any regulations or forms
promulgated thereunder.
TITLE COMPANY:
Title Resources, LLC
525 South Loop 288, Suite 125
Denton, Texas 76205
Telephone: (940) 381-1006
Telecopy: (940) 898-0121
Printed Name:
Title:
Contract receipt date: , 2014
Contract of Sale
Page 17 of 24
VICINITY MAP N.T.S
LROEND
Exhibit "A"
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Contract of Sale
Page 18 of 24
IF11
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ALTA/ACSM
LAND TITLE SURVEY
(A a
EXHIBIT "B"
to
Contract of Sale
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE
FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER
GENERAL WARRANTY DEED
STATE OF TEXAS §
COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS
That William Lee Tyson, I1, Rosemarie Virginia Tyson, Robert John Tyson,
Barbara Ann Wittwer, and Dwane Douglas Tyson, collectively herein called "Grantor",
for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other
good and valuable consideration to Grantor in hand paid by the City of Denton, Texas, a
Texas Home Rule Municipal Corporation (herein called "Grantee"), 215 E. McKinney,
Denton, Texas 76201, the receipt and sufficiency of which are hereby acknowledged and
confessed, subject to the reservations set forth below, has GRANTED, SOLD and
CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto Grantee
all of Grantor's right, title and interest in and to the real property in Denton County,
Texas being particularly described and depicted on Exhibit "A", attached hereto and
made a part hereof for all purposes, and being located in Denton County, Texas, together
with any and all rights or interests of Grantor in and to adjacent streets, alleys and rights
of way and together with all and singular the improvements and fixtures thereon and all
other rights and appurtenances thereto (collectively, the "Property").
Grantor, subject to the limitation of such reservation made herein, reserves, for
themselves, their heirs, devisees, successors and assigns all oil, gas and other minerals in,
on and under and that may be produced from the Property. Grantor, their heirs, devisees,
Contract of Sale
Page 19 of 24
successors and assigns shall not have the right to use or access the surface of the
Property, in any way, manner or form, in connection with or related to the reserved oil,
gas, and other minerals and/or related to exploration and/or production of the oil, gas and
other minerals reserved herein, including without limitation, use or access of the surface
of the Property for the location of any well or drill sites, well bores, whether vertical or
any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank
batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or
lateral support for any surface facilities or well bores, or any other infrastructure or
improvement of any kind or type in connection with or related to the reserved oil, gas and
other minerals, and/or related to the exploration or production of same.
As used herein, the term "minerals" shall include oil, gas and all associated
hydrocarbons, and shall exclude (i) all substances (except oil, gas and all associated
hydrocarbons) that any reasonable extraction, mining or other exploration and/or
production method, operation, process or procedure would consume, deplete or destroy
the surface of the Property; and (ii) all substances (except oil and gas) which are at or
near the surface of the Property. The intent of the parties hereto is that the meaning of
the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v.
Wylie, 597 S.W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Property" shall include the area from the
surface of the earth to a depth of five hundred feet (500') below the surface of the earth
and all areas above the surface of the earth.
This conveyance is subject to the following: Liens described as part of the
Consideration and any other liens described in this deed as being either assumed or
subject to which title is taken; validly existing easements, rights -of -way, and prescriptive
rights, whether of record or not; all presently recorded and validly existing restrictions,
reservations, covenants, conditions, oil and gas leases, mineral interests, and water
interests outstanding in persons other than Grantor, and other instruments, other than
conveyances of the surface fee estate, that affect the Property; validly existing rights of
adjoining owners in any walls and fences situated on a common boundary; any
discrepancies, conflicts, or shortages in area or boundary lines; any encroachments or
overlapping of improvements; all rights, obligations, and other matters arising from any
Contract of Sale
Page 20 of 24
applicable governmental district, agency, authority; and taxes for 2014 prorated after this
date, which Grantee assumes and agrees to pay.
TO HAVE AND TO HOLD the Property, together with all and singular the rights
and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors
and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and
assigns to WARRANT AND FOREVER DEFEND all and singular Grantor's undivided
right, title and interest in the Property unto Grantee and Grantee's 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.
Effective this day of , 2014.
SELLER:
{WftLIAM LEE TYSON, II
ROSBkARIE VIRGINIA TYSON
ROBER J :CAN TYSON
*�B-xAIIEARA ANN WITTWER
DWANE DOUGLA SON
Contract of Sale
Page 21 of 24
ACKNOWLEDGMENTS
THE STATE OF
COUNTY OF L des A 111 e'T
eS
This instrument was acknowledged before me on the _ day of MAY,
2014 by WILLIAM LEE TYSON, II.
QMy
EARL L. HOOPER
OMM. #1943795Notary Public California o
zLos Angeles County
Comm. Expires Aug. 7, 015
THE STATE OF
COUNTY OF
Notary Public, State of c'a for -n i a
My commission expires: '66-7 1^57
L 06 s-e Atklnc „IX '-A
This instrument was acknowledged before me on the day of klaul,
'� kO11111 %4 by ROSEMARIE VIRGINJA TYSON.SON
lee
a.
...
a42 0
^ o y Public, State of J7LpK,.Cj
My commission expires: -t
: i tst TE OF i6l §
d � kLX
tpl **"TY OF §
This instrument was acknowledged before me on the d day of Mn,,
2014 by ROBERT JOHN TYSON.
Andres Maria Parodi
NOTARY PUBLIC
STATE OF FLORIDA Notary Public, State of vict(A
Comm# FF019129 My commission expires: 1
THE S` 1 O1 07
COUNTY OF k (I §
This instrument was acknowledged before me on the 1- day of j C;U
2014 by BARBARA ANN WITTWER. a
Andrea Maria Parodi
NOTARY PUBLIC Notary Public, State of V'i
STATE OF FLORIDA My commission expires: i -1
Comm# FF019129
Expires 5/19/2017
Contract of Sale
Page 22 of 24
State of California
County of
L o:s A -a i-IrP
I
On before me, Eaf,l LpcAgo.pef. Rotary Pub+-.
(Here insert name and title of the officer)
personally appeared I LL I A rVt E TY,N
who proved to me on the basis of satisfactory evidence to be the person(s whose name"Iftre subscribed to
the within instrument acid acknowledged to line thatrcYsheAiwy executed the same in C�herftlrerir authorized
capacity), and that by1 sir siglature(A oft the instrument the person, or the entity upon behalf of
which the person(o acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of C al"o ' 1: L -`.goillg'paragraph
is true and correct. EARL L. HOOPER
COMM. #1943795
' Notary Public California
Los Angeles County
Aug. 7 �1
WITNESS my k1a�llcid [Iicial s ,al. ��-.��.--.- -- M Cornm xpt-
Signature of Notary Public
EARL L. HOOPER
(Notary Seal) COMM. #1943795
t Notary Public . California
Z Los Angeles County
1 „F try Comm. Exoires Auo. 7. 2015 P
:11_ I I' • 1' 1'
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
( fill' or description of attached document continued)
Number of Pages Document Date —
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
Individual
❑ Corporate Officer
�............u. (Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Air), acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form nhh(st be
properly completed and attached to that document. The only exception is if a
document is to be recorded oartside of California. In such instances, any ahernative
acknowledgment verbiage as ma), be printed on such a document so long cis the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. cert firing the authorised capaciij? of the signer). Please check the
document carefully for proper notarial wording and Mach this forin f required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/they- is /ere ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
THE STATE OF f L, X fY nq §
COUNTY OF §
This instrument was acknowledged before me on the day of 14-1
2014 by DWANE DOUGLAS TYSON. T-
7
Notary P41ic,6tare of
GEORGE ANTHONY CARIBALTES, A My commission expires:
AM
My COMMISSION #FF013231
April 30, 201 7
EXPIRES April 30,2017
�407) E398-Oi 63 Florld02L. �SOIVICIBX�Ilmll
Upon Filing Return To:
The City of Denton -Engineering
Attn: Paul Williamson
901 -A Texas Street
Denton, TX 76209
Send Tax Billing Statements To:
The City of Denton
Attn: Finance Department
215 East McKinney Street
Denton, Texas 76201
Contract of Sale
Page 23 of 24
Notice of confidentiality rights: If you are a natural person, you may remove or strike any
or all of the following information from any instrument that transfers an interest in real
property before it is filed for record in the public records: your Social Security number or
your driver's license number.
AFFIDAVIT OF FACTS CONCERNING THE IDENTITY OF HEIRS OF
HELEN ROSE TYSON. DECEASED
Before me, the undersigned authority, on this day personally appeared
/QI Al A PaS lea, la 14IS ("Affiant") who, being first duly sworn, upon his oath states:
1. My name isKea. and I live at
JI) (house number, street, city,
county, state). I am personally familiar with the family and marital history of HELEN ROSE
TYSON ("Decedent") and I have personal knowledge of the facts stated in this affidavit. My
relationship with the Decedent was that as her j,,,r ' _ (state family or
friendship relationship). I am over the age of twenty-one (21) years.
2. I knew Decedent from % (date) until
1 / a 0 t ) (date). Decedent died on June 1, 2011. Decedent's place of death
was St. Vincent's Medical Center, Jacksonville, Duval County, Florida. At the time of
Decedent's death, Decedent's residence was 1861 Riviera Parkway, Apartment 4, Jacksonville,
Duval County, Florida, 32205.
3. Decedent's marital history was as follows: Decedent was married once, and that was to
WILLIAM TYSON in approximately 1945 in/Va (state). WILLIAM TYSON
predeceased Decedent on June 20, 2002. WILLIAM TYSON'S Estate was probated in Duval
County, Florida, in the Circuit Court In and For Duval County, Florida, Probate Division, file
number 16-2003-CP-000241, division CV -A, and exemplified copies of such probate records
Page I of 3 — AFFIDAVIT OF FACTS CONCERNING THE IDENTITY OF HEIRS
•R r ,. Docs/Jarnes Tyson Heirs/Do
were filed in the Real Property records of Denton County, Texas, on January 9, 2014, under
Instrument Number 2014-2226.
4. Decedent had the following five children only:
a) WILLIAM LEE TYSON, II
2114 Meadowbrook Lane
Glendora, CA 91741-6412
Date of Birth:
Marital Status:
b) ROSEMARIE VIRGINIA TYSON
1861 Riviera Parkway, Apt. 4
Jacksonville, Florida 32205 _
Date of Birth:
Marital Status:
c) ROBERT JOHN TYSON
6945 SW 45th Avenue
Gainesville, Florida 32608
Date of Birth:
Marital Status:
d) BARBARA ANN TYSON (Wittwer)
6945 SW 45th Avenue
Gainesville, Floridq 32608
Date of Birth: k) 116
Marital Status: S
e) DWANE DOUGLAS TYSON
2137 Herschel Street
Jacksonville, Florida 3 204
Date of Birth:
Marital Status: WI
5. Decedent did not have or adopt any other children and did not take any other children
into Decedent's home or raise any other children, except: NONE.
6. Decedent died without leaving a written will.
7. There has been no administration of Decedent's estate.
Page 2 Of 3 —.AFFIDAVIT OF FACTS CONCERNING THE IDENTITY OF HEIRS
(COD.DME/Purple Route/Carter/Docs/James Tyson Heirs/Docs/Affidavit.Heirship. TYSON)[cs;110613]
iT"���
•
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GEORGE ANTHONY CARIBALTES, JR
MY COMMISSION #FF013231
='�rery� •••,,.,"a
EXPIRES April 30, 2017
(407098.0153
FIoridallosa0ervice.co
8. Decedent left no debts that are unpaid, except: NONE.
9. There are no unpaid estate or inheritance taxes, except: NONE.
10. To the best of my knowledge, Decedent owned an interest in the following real
property: Through the Estate of William Tyson, an interest in the real property described in the
attached Exhibit "A".
11. The Decedent's heirs are her children:
a) WILLIAM LEE TYSON, II;
b) ROSEMARIE VIRGINIA TYSON;
c) ROBERT JOHN TYSON;
d) BARBARA ANN TYSON (Wittwer); and
e) DWANE DOUGLAS TYSON.
Signed this day of 7��_,2014,�, _
AFFIANT
STATE OF I GWeO,l- §
COUNTY OF L�Uc/cA'� §
Sworn to/and subscribed to before me on the
AV �X—
Notary Pul ic, S(hfu of
My commission expires: `/ 3,)/ z
C� day of . 2014 by
Page 3 of 3 — AFFIDAVIT OF FACTS CONCERNING THE IDENTITY OF HEIRS
(COD.DME/Purple Route/Carter/Docs/James Tyson Heirs/Docs/Affidavit.Heirship. TYSON)[cs;110613]
VICINITY MAP N.T.S.
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LAND TITLE SURVEY
Notice of confidentiality rights: If you are a natural person, you may remove or strike any
or all of the following information from any instrument that transfers an interest in real
property before it is filed for record in the public records: your Social Security number or
your driver's' license number.
AFFIDAVIT OF FACTS CONCERNING THE IDENTITY OF HEIRS OF
HELEN ROSE TYSON. DECEASED
Before me, the undersigned authority, on this day personally appeared
4,jl ("Affiant") who, being first duly sworn, upon his oath states:
1. My name is �'� /A�i �- , and I live at
a
3,2210 (house number, street, city,
county, state). I am personally familiar with the family and marital history of HELEN ROSE
TYSON ("Decedent") and I have personal knowledge of the facts stated in this affidavit. My
p
relationship with the Decedent was that as her...._ aC�.r i,1p1 (state family or
friendship relationship). I am over the age of twenty-one (21) years.
2. 1 knew Decedent from Ce V, (date) until
(date). Decedent died on June 1, 2011. Decedent's place of death
was St. Vincent's Medical Center, Jacksonville, Duval County, Florida. At the time of
Decedent's death, Decedent's residence was 1861 Riviera Parkway, Apartment 4, Jacksonville,
Duval County, Florida, 32205.
3. Decedent's marital history was as follows: Decedent was married once, and that was to
WILLIAM TYSON in approximately 1945 in 11f dt) i?l'- (state). WILLIAM TYSON
predeceased Decedent on June 20, 2002. WILLIAM TYSON'S Estate was probated in Duval
County, Florida, in the Circuit Court In and For Duval County, Florida, Probate Division, file
number 16-2003-CP-000241, division CV -A, and exemplified copies of such probate records
Page 1 of 3 — AFFIDAVIT OF FACTS CONCERNING THE IDENTITY OF HEIRS
(COD.DME/Purple Route/Carter/Docs/James Tyson Heirs/Does/Affidavit.Heirship. TYSON)[cs;1106131
were filed in the Real Property records of Denton County, Texas, on January 9, 2014, under
Instrument Number 2014-2226.
4. Decedent had the following five children only:
a) WILLIAM LEE TYSON, II
2114 Meadowbrook Lane
Glendora, CA 91741,-6412
Date of Birth: t`
Marital Status:
b) ROSEMARIE VIRGINIA TYSON
1861 Riviera Parkway, Apt. 4
Jacksonville, Florida.32?0 �
Date of Birth: 1 L-{
Marital Status: 5
c) ROBERT JOHN TYSON
6945 SW 45th Avenue
Gainesville, Florid 32 8
Date of Birth:
Marital Status: j
d) BARBARA ANN TYSON (Wittwer)
6945 SW 45th Avenue
Gainesville, Florida 32608 _
Date of Birth: t j s
Marital Status: 1 S
e) DWANE DOUGLAS TYSON
2137 Herschel Street
Jacksonville, Fiol ida 32`°;�4
Date of Birth: l
Marital Status:
5. Decedent did not have or adopt any other children and did not take any other children
into Decedent's home or raise any other children, except: NONE.
6. Decedent died without leaving a written will.
7. There has been no administration of Decedent's estate.
Page 2 of 3 —AFFIDAVIT OF FACTS CONCERNING THE IDENTITY OF HEIRS
(COD.DME/Purple Route/Carter/Does/James Tyson Heirs/Docs/Affidavit.Heirship. TYSON)[cs;110613]
8. Decedent left no debts that are unpaid, except: NONE.
9. There are no unpaid estate or inheritance taxes, except: NONE.
10. To the best of my knowledge, Decedent owned an interest in the following real
property: Through the Estate of William Tyson, an interest in the real property described in the
attached Exhibit "A".
11. The Decedent's heirs are her children:
a) WILLIAM LEE TYSON, 11;
b) ROSEMARIE VIRGINIA TYSON;
c) ROBERT JOHN TYSON;
d) BARBARA ANN TYSON (Wittwer); and
e) DWANE DOUGLAS TYSON.
ry
Signed this day of 34A---k 2014.
AFFIANT
STATE OF §
COUNTY OF §
Sworn to and 7jbscribcd tobefore me on the day of 2014 by
— -- My Comm' -------------
ary Public e of -1,
GEORGE ANTHONY CARIBALTES, JR
A
MY COMMISSION #FF013231 ission expires:
EXPIRES April 30, 20117
407) 1 F lotid aN otarySe rvice.corn
Page 3 of 3 — AFFIDAVIT OF FACTS CONCERNING THE IDENTITY OF HEIRS
(COD.DME/Purple Route/Carter/Docs/James Tyson Heirs/Docs/AffidavitHeirship. TYSON)[cs;l 106131
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LAND TITLE SURVEY
Notice of confidentiality rights: If you are a natural person, you may remove or strike any
or all of the following information from any instrument that transfers an interest in real
property before it is filed for record in the public records: your Social Security number or
your driver's license number.
AFFIDAVIT OF FACTS CONCERNING THE IDENTITY OF HEIRS OF
HELEN ROSE TYSON, DECEASED
Before me, the undersigned authority, on this day personally appeared
DW&Ift TIVe,,04_ „ _ ("Affiant") who, being first duly sworn, upon his oath states:
1. My name is..`. — "f �, and I live at
(house number, street, city,
county, state). I am personally familiar with the family and marital history of HELEN ROSE
TYSON ("Decedent") and I have personal knowledge of the facts stated in this affidavit. My
relationship with the Decedent was that as her E (state family or
friendship relationship). I am over the age of twenty-one (21) years.
2. I knew Decedent from 1 (date) until
CP 1 I / "'z o / j (date). Decedent died on June 1, 2011. Decedent's place of death
was St. Vincent's Medical Center, Jacksonville, Duval County, Florida. At the time of
Decedent's death, Decedent's residence was 1861 Riviera Parkway, Apartment 4, Jacksonville,
Duval County, Florida, 32205.
3. Decedent's marital history was as follows: Decedent was married once, and that was to
WILLIAM TYSON in approximately 1945 in Eli V
L) l(state). WILLIAM TYSON
predeceased Decedent on June 20, 2002. WILLIAM TYSON'S Estate was probated in Duval
County, Florida, in the Circuit Court In and For Duval County, Florida, Probate Division, file
number 16-2003-CP-000241, division CV -A, and exemplified copies of such probate records
Page 1 of 3 — AFFIDAVIT OF FACTS CONCERNING THE IDENTITY OF HEIRS
(COD,DME/Purple Route/Carter/Docs/James Tyson Heirs/Does/Affidavit.Heirship. TYSON)[cs;l 106131
were filed in the Real Property records of Denton County, Texas, on January 9, 2014, under
Instrument Number 2014-2226.
4. Decedent had the following five children only:
a) WILLIAM LEE TYSON, II
2114 Meadowbrook Lane
Glendora, CA 91741-6412
Date of Birth: i
Marital Status: .m
b) ROSEMARIE VIRGINIA TYSON
1861 Riviera Parkway, Apt. 4
Jacksonville, Florida 32205
Date of Birth:
Marital Status:
c) ROBERT JOHN TYSON
6945 SW 45th Avenue
Gainesville, Florida 32008
Date of Birth: /
Marital Status:
d) BARBARA ANN TYSON (Wittwer)
6945 SW 451h Avenue
Gainesville, Florida �260
16
Date of Birth: / 0// �
Marital Status:
e) DWANE DOUGLAS TYSON
2137 Herschel Street
Jacksonville, Flori a 2 4
Date of Birth:
Marital Status:
5. Decedent did not have or adopt any other children and did not take any other children
into Decedent's home or raise any other children, except: NONE.
6. Decedent died without leaving a written will.
7. There has been no administration of Decedent's estate.
Page 2 of 3 — AFFIDAVIT OF FACTS CONCERNING THE IDENTITY OF HEIRS
(COD.DME/Purple Route/Carter/Does/James Tyson Heirs/Does/Affidavit.Heirship. TYSON)(cs;110613]
8. Decedent left no debts that are unpaid, except: NONE.
9. There are no unpaid estate or inheritance taxes, except: NONE.
10. To the best of my knowledge, Decedent owned an interest in the following real
property: Through the Estate of William Tyson, an interest in the real property described in the
attached Exhibit "A".
11. The Decedent's heirs are her children:
a) WILLIAM LEE TYSON, 11;
b) ROSEMARIE VIRGINIA TYSON;
c) ROBERT JOIN TYSON;
d) BARBARA ANN TYSON (Wittwer); and
e) DWANE DOUGLAS TYSON.
Signed this day of 2014.
A
V
AFFIANT
STATE OF fGc14(Oft §
..................... ---
U
§
COUNTY OF ')OA§
Sworn to and subscribed to before me on the day of 2014 by
1,90 /-s M k,,,l vi,,ILe.
f
GEORGE ANTHONY CARIBALTES, A
My COMMISSION #FF013231
Notary Public, State of
EXPIRES April 30, 2017
My commission expire
NotaryServIce-cOrn
(407)398-0
E 153
Page 3 of 3 — AFFIDAVIT OF FACTS CONCERNING THE IDENTITY OF HEIRS
(COD.DME/Purple Route/Carter/Docs/James Tyson Hei rs/Does/Affidav it. Heirship. TYSON)[cs; 110613-
41
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LAND TITLE SURVEY