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2014-209s:\legal\our documents\ordinancesU 4\tyson settlement ordinance.doc ORDINANCE NO. ZO 14-2�9 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, ABSTR.ACT NO. 346, CITY OF DENTON, DENTON COUNTY, TEXAS ��ROPERTY INTERESTj 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 NO/100 ($16,500.00) FROM WILLIAM LEE TYSON, II, ROSEMARIE VIRGINIA TYSON, ROBERT JOHN TYSON, BARBARA ANN WITTWER AND DWANE DOUGLAS TYSON (COLLECTIVELY THE`OWNEI��, 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 f`Cit}�� 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 Interes��; 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 Owne�'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 �•,� ��ay of � _ r, 2014. CHRIS Vu�'1"�"�s, MAYOR 2 ATTEST: JENNIFER WALTERS, CITY SECRETARY � r By� . .,i"�....�. € �F�� ��I:�,X� .t�.4" �"(� LEGAL FORM: ANITA BURGESS, CITY �1�"�"C�RNEY ,_^"� � `� �' , ��� � , �' By: '� � � �:, � �� STATE OF TEXAS § COUNTY OF DENTON § CONTRACT OF SALE NOTICE YOU, AS OWNER OF THE PROPERTY (AS DEFINED SELOV�, 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 l cJ' �Jday of 2014, effective as of the date of execution hereof by Seller, as �lefit h�r�i .�e "Effective Date"), by and between William Lee Tyson, II, Rosemaxie �''�r�ini� '�W�srt��, 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 Murucipal Corporation of Denton County, Texas (referred to herein as "Buyer"). RECITALS WHEREAS, Seller owns an undivided interest in that certain tract of land being moze 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 vvith all and singular the improvements and fixtures thereon and all other rights and appurtenances to the Lan.d (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, sha11 reserve, for themselves, their heirs, devisees, successors and assigns all oil, gas and other minezals 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, znanner or form, in connection with or related to the reserved oil, gas, and other minerals andlor 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 boxes, 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 suxface 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 hydrocaxbons) 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) alI 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/100�'S DOLLARS ($16,500.00) (the "Purchase Price"). Allocation of the Pu�rchase 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 Dollazs ($1,000.00), as Earnest Money (herein so called) with Title Resouxces, 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 hereo£ All interest earned tl�ereon 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 Eamest 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) calendaz days after the Effective Date, Buyer shall deliver to the Title Company, payable to and for the benefit of Seller, a check in the axnount of One Hundred and No/100 Dollazs ($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 an.d 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 retainecl by Seller notwi.thstanding 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 fiarnished to Buyer a current Commitment for Title Tnsurance (the "Title Commitment") for the Property, issued by Title Company. The Title Commitment shall set forth the sta.te 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 sha11 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 Coznmitment as exceptions to which tb.e 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 sha11 be prepared by a surveyor selected by Buyer and sha11 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, certiiicates, assurances, andlor 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 Contract of Sale Page 3 of 24 the day Buyer receives the last of the Title Comnnitment, the Survey, amd 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 Com�mitment, and all other items set forth in the Title Commitment which are zequired 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 n.ot 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 5eller 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 Buyez 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 Pertnitted Exceptions (herein so called), or (b) terminating this Contract by notice in writing prior to Closing and receiving back the Earnest Money, in which lattex event Seller arxd 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 tkie Title Commitment shall expire prior to Closing, Seller shall cause to be furnished to Buyer, no earlier than ninety one (91) calendaz days after the Effective Date and no later than one hundred ten (110) calendaz days aftez 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 Commitm.ent. 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 sha11 be issued by the Title Company, in the amount of the Purchase Price and insuring that Buyer has indefeasible £ee simple title to the Properry, 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 Contract of Sale Page 4 of 24 printed or comrnon 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 amendm.ent 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 rnay be made to any speciiic 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, amendrn�ents 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 Properiy 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 Pzoperty 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 deteimines, 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 th.e expiration of the Absolute Review Period, in which case the Eamest 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 Stuvey. 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 infortnation 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 inform.ation of, any pending or threatened judicial or administrative action, or any action pending or threatened by adjacent landowners or other persons against or af%cting the Property. (� 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 lrnowledge. (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 Properry free and clear of all debts, liens and encumbrances. (i) Seller has not contracted or entered into any agreernent 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 Page 6 of 24 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, petroleutn 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 a11 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 follovving: (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 thereo� zelating 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 engineeri.ng 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, c�rn��y��ae� �r an�r es���r agreemez�t c��` �ny ki�� w���. respect to, or affecti���, t��� 1'rc���rty t��i wil� not be �"t���� �a��fc�n��ed �� �r before the Closing �rr vvc��.�ic� b� �i��i�g �x� �uyer or th� Pr�pearti� a��r th� 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, gran.t or pernut to be atta.ched 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 circuxnstance, 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 occurxed: (a) Seller has performed, furnished, or caused to be furnished to Buyer all items required to be so performed or fiarnished under other sections of this Contract; and (b) Seller cures or Buyer waives in writing, within the time periods specified in Article III, a11 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. Conlract of Sale Page 8 of 24 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 Propexty, or any part thereof, has been materially or adversely impaired in any manner. 6.04 Review Period. Buyer is not obligated to per£orm under this Contract if Buyer delivers notice to Seller pursuant to Article IV, Section 4.O1. that Buyer has detenmined 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 sha11 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 Page 9 of 24 (iii) Other items reasonably requested by the Title Company as administrative requirements for consummating the Closing. (b) Bu�er• At the Closing, Buyer shall deliver to Seller or the Title Company, the following items: (i) The sum required by Article II, Section 2.O1, less the Earnest Money and interest earned thereon, in the form of a check or cashier's check or other immediately available fun.ds; (ii) Other items reasonably requested by the Title Company as administxative requirements for consuxnmating 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 Properly 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 aze not identified herein, such costs or expenses shall be allocated between the parties in the customary maiuier for closings of real property similar to the Properly in Denton County, Texas. Contract of Sale Page 10 of 24 ARTICLE VIII DEFAULTS AND REMEDIES 8.01 Seller's Defaults and Buyer's Remedies. (a) Seller's Defaults. Seller is in default under tlus 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 perfozm 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 fai.ls 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 tern�s hereof prior to Closing. (b) Buyer's Remedies. If Seller is in default under this Contract, Buyex 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 sha11 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 Defaul� 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 oi 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 deli.vered 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 docuxnents 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, dernands, requests, and other communications required hereunder shall be in writing, delivered, u.nless 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 regulaxly maintained recepta.cle for the United States Mail, registered or certiiied, return receipt requested, postage prepaid, addressed as follows: SELLER: BUYER: T�4�c�t��y 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 Bu,� 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 af � 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 TN 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 deshuction 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 an.y 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 destxuction, 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 5eller 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 per.fornaed, executed and/or delivered by Seller and Buyer, Seller and Buyer agree to perforzn, 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 consumnnate the transactions contemplated hereby. Notwithstanding anything to the contrary contained in this Contract and without limitiung 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 Contxact, includirng 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 design,ee. 9.10 Contract Execution. This Contract of Sale may be executed in any number of counterparts, all of vc�hich taken together sha11 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 pernutted 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 �nancial 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 txansaction contemplated by this Contxact. 9.13 Seller Participation Contingency. This contract is contingent upon the full participation of all Sellers. Furth.er, 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 docwm,enting of Sellers' respective interests in the Property, and shall acquire ar�.dlor execute such other appropriate documents as are a reasonably necessary or advisable to properly docuxnent their respective andlor 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 Dnplicate 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 mu].tiple agreements reveals that the Agreements contain differences or inconsistencies, thf;n 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 an�d subordinate to the f�rst signed Agreement. SELLER: �� � � � � � .�.� _ --. TYSON, II � Date � ��'������ ���,�A �`.�,�.,���., � , �.()�� �T VIRGINIA �� �� �. . _ _�� ROBERTJ TYSON BAR.BARA �i�� WITTWER p .� � �"`��{�..l��`�` t�t.� � �-�' ._ �����_ DWANE DOUG���, "�'�(3� Contract of Sale Page 15 of 24 � � �� r�'� __ � Date �"%�//y �_ _ _� Date l� l Date �- � � �� �_._ m� Date BUYER: � .��_����� �� ,�- .�-r- �---`�--��-��°'s„� — By: _ _ _._. .. _ George C. Campbell, CITY MANAGER Executed by Buyer on the _�� ��� of _ _, 2014. �..m AT"TEST: JENNTFER WALTERS, CITY SECRETARY : A��'�.t�VEI� 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 Tnternal 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 I: Printed Name: Title: Contract receipt date: _ __ � 2014 Con�act of Sale Page 17 of 24 VICINIiV MAP N.T.S: �E� cw++v.�w r�e»r� ��e^ie#.Yr -.. -� :� � _ "�' �°m„�,.� 8xhibit "A" ��,�•f����� '��.�,.,,� rys, �'��+'�",'y `�--, -... mH,y �y� ,A�' ,y . � b �-r �a�ye riM �J �� ��� .�� � ,. �. ..�. � !`� .r,� ,� � },f ':r a �n, :a�,{�.s � " �"uz �_ ,�gq„�� rd �p.,�� �^"'.� � �� _ � � �� u°wnm My~ �s� N h+�'�5�� ... . Wk �y�ap�.� � I, -,,...�, i �y� .,° `�r � I I � � � � � � � � � �3. t�'F.. � �i ,a1 � �R9�E� 3� �o ai,ey 3�Gra�! � fi � � �11 �'-�� �r � Inmrer v io� � � �riz� P4cr�nr �J.N�.tl �� �b ti'.,�x ' i:i wV i2^^'a ng, z±,�2 n� ff. i•a s1 Crn I.,ar . Eoem'�e. Sfv ztlti� i�[5tlk � � 1 �� � '� r� c�w � ta nt. �rGttxra � �k an�.i � tk�rB.a E1diFnvid � . .:. � ' '� Wiil.aatnx 9illfl, 9'�nHn n3tl.. 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Rne9Al ,f���, � ALTA/ACSM LAND TITLE SURVEY 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, II, 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 aiad 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 Crrantor 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 sha11 not have the right to use or access the surface of the Froperty, in any way, manner or form, in connection with or related to the reserved oil, gas, and other minerals andlor 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 andlor 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 Prope�ty. The intent of the parties hereto is that the meax�ing of the term "minerals" as utilized here'vn, 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 sur£ace of the earth and all areas above the surface of the earth. This conveyance is subj ect to the following: Liens described as part of the Consideration and any other liens described in tkris deed as being either assumed or subj ect to vvhich 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 ownexs in any walls and fences situated on a comr�non boundary; any discrepancies, conflicts, or shortages in area or boundary lines; any encroachments or overlapping of im.provements; all rights, obligations, and other rnatters 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 bin.d Grantor and Grantor's successors and assigns to WARRANT AND FOREVER DEFEND a11 and singulax Grrantor's undivided right, title and interest in the Property unto Grantee and Grantee's successors and assigns, against evexy 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 Warrazity. Effective this day of � � , 2014. SELLER: . �; ,✓ �� { � p !� � i_ � _ _ � �al�vS LEE TYSON, II _ , � , �.. � ----. � , � �. :�.. ����'' `� . „A,��..� �.�,� �� �, # _ . ... �.�1� � � VIRGINIA TYSGN ' l� ,���... _� �+����, � :C-�I TYSON : � `' � ..�.�� �'`� ��'�.�, __a �ii�z.. __ ��A� ANt'+� WITTWER DWANE DOUGLA SON Contract of Sale Page 21 of 24 : t s. {-os�:n 1 a �,CKNOWLEDGMENTS C` ' . THE STATE OF , - & .,.. _ �, COUNTY OF � °� A �� � �T� � � This instrument was acknowledged before me on the �_ day of �9-� , 2014 by WILLIAM LEE TYSON, II. �a�.< EARL L. HOOP�� _ _ COMM. #1943795 z � -�� Nolary Public - California o � Los Angeles C�ur�1y M C�mm. �x��res Rsrg. 7, �UtS THE STATE OF COUNTY OF � * _ �,�.,_. Notazy Public, State of �'� ����o r n� a My comxnission expires: ��7 ��� l. 06 s�e Atk�nc „���� ��`�, `��ck� This instrument was acic�owledged before me on the � day of .� ��,,�e�����#���4 by ROSEMARIE VIRGIlVIA TYSON. -� �`,���,����It�1A,q,�,��'r�#��� .� . f� ... ,. � _ � k i�.�P+" GOd�� +^` �R. �• ,J. .._LL r '����'°`�'v'�1e_,... . �� , � '�4� � ����` ��&; � ^ r� �y Public, State of ��CL � � �` • �'� ; � = �r1y ccai�rr�i��i�n expires: �t ) � � � � y �� �s� � `� TE OF � C� � § _ �, _ •��� � � � ��`��, d���'� ��'�,�r�u�� ��i� � �°°k» ��.. e��w'.. ���°������iiiK � "� OF _��'I�.l�(.(.�l § This instxument was ack��owledged before nne on the � day of �-l�,� �, _, 2014 by ROBERT JOHN TYSOr1. � �,�� ;� AnCrw MMrie Parodi �� ,' � { NOTARY PUBLIC * ' ' � " sT�� oF F�oRio�n I�i���r� �°��lic3 State �� vic.�G � , camm# FFO1912s My commission expires: 1 I--� TxE s• � �1��� �1, ,, ��7 COUNTY OF ���g § This instrument was acicnowledged before me on the 1- day of j_ C;�. ., 2014 by BARBARA ANN WITTWER. �� 4 Andrea Ma�ia Parodi NOTARY PUBUC STATE OF FLORIDA Comm# FF019129 �"���' E�ires 5l19/2017 Contract of Sale Page 22 of 24 ��.. � '� � .- � ,���'�''�.��� Notary � ut�lic, State of �` � � �, My commission expires: � � p�� �� �� c , I� ' ♦ • � ' � 1 , ' � ' � , ', � ; , ` ; � ,, State of California . . .... County of t o�s A�r+; ?�-�e,�s On �� �� '�.O 1�: before me, ._.�.m. �as,l l;cr-H P� .. v;.aF y: Rub�f=�'� �.�. _ .�. � (Here insert natne and title of the officer) personally appeared � I LL I A-►�it ,� E���av � � who proved to me on Cli� t����is �f's�i��f��tnr� ev�c�e���u tc� kac t��� person(�whose name(��t,�h'�a�e subscribed to the within instrument ����d E�����t����l��'�,c:ci ��� wi�� tihat��l . F executed the same in �h�rcrir authorized capacity�), and that ����1 �i�� �i�r��t��z°�{�i �i� �:1�e instrument the person�, or the entity upon behalf of which the person(�j acted, executed the instrument. I certify under PENALTY OF PERNRY under the laws of the 4i��te c�f C'•�[� ��' ' �� -`:���i���;�paragraph is true and correct. . •• _ ���� �" w����� COMM. #1943795 � .� ' .� Notary Public - California � ;�� �� 5 Los �tngeles Co�t�1y � � k��t �ar�s� Exp4r�s At�g. l �1� : WITNESS my laa���t�ic� [�i�°i�l s ��1. ���,� -- _ '/ � �� V��.�...._ Signature of Notary Public (Notary Seal) � � a��-�. EARL L. �Ct�tlP�� � � w, � COMM. #1943795 � � ,, ��� Notary Public • California Q � , Los Angeles �uunt�r � � �FF;� t�v �r�m. �x�ires Au+a. 7. �}t5 P : 1 1- - I I'' 1 • �' 1 DESCRIPTION OF THE ATTACHED DOCUMENT � 1�,���_V�`�s �..,......... (T�EIi or description of attached document) � � `�' . �- . � 5. �"�'— �.. .. { f"illc or description of attached docwnent continued) Number of Pages v� � Dacument Date — (Additional inform�tion) . �+ � ; � I �,.;h� ����. � .i ■ r �• .-• �............u. (TiNe} ❑ Partner(s) ❑ Attorney-in-Fact ❑ Trustee(s) � Other 1NSTRUCTIONS FOR COMPLETING THIS FORM Ai�� acknoirledgmenl corrrpleted in Californru inusl conluin verbiuge exactlp as uppeu�:s nbove in Ihe nolnry seclion or n sepurcde ucknoirledgmenl forut mus! be properl�� compleled nnd aNnched ta Ihul doctunenl. The only exceplia� is if n documen! is �o be recorded o:rlsiAe of Ca/rforriin. 7n s�rch inslances, uny a/lernalire acknomledgnrenl verbiage us mc�� be pri1�led on such u doctunenl so long as Ihe verbruge does nol require Ihe nolaiy !o do saneN�ing lhnf is illegrd for a notary rn Californin (i.e. cerl�Nqg lI9B GdHJ01'l=PCI CG[7GCI7�� of Ihe signeiJ. Pleuse clieck I{re docaimeM carefidly for proper nolnrial u�ording ru�d aNach Ihis form if required. • St�te and County information must be the State �nd County where the document signer(s) personally �ppe�red before the notary public for acknowledgnrent. . Date of not�riz��tion must be the date that the signer(s) personally appeared whicl7 must also be the same date the �ckno���ledgment is completed. • The not�ry public must print his or her name as it appears within his or her commission followed by a comrna and then your title (notary public). • Print the name(s) of document signer(s) wiio personally �ppear at the time of not�rization. • Indicate the correct singular or plural forms by crossing off incorrect fonns (i.e. #e/she/tliey- is /e�re ) or circling the correct fonns. Failure to correcHy indicate this informatian may lead to rejection of document recording. • The notary seal irnpeessiosi meist be clear and photographically reproducible. Impression must not cover text or lines. If seui impression smudges, re-seal if a sufiicient �rea permits, othen��ise complete a different acknow(edgment form. • Signature of the not�ry public must matcli the signature on file ���ith the oft7ce of the county clerk. . Additional infonnation is not required but could help to ensure tliis ackuowledgment is uot misused or att�ched to n differeut document. . Ii7dicate title or t��pe of altached document, number of pages and date. . Indicate the c�pacity daimed by the signer. If the claimed capacity is a corporate officer, iudic�te the title (i.e. CEU, CFO, Secretary). • Securely attacli this document to the signed document `�-�F �T�i.'�"°� C3Iy J� �t�'�� �� § C��d'���` �lF' �:���J��`��- � This instrument was acknowledged before me on the � day of a��.�/ , 2014 by DWANE DOUGLAS TYSON. �� � � �._...�.. _. . ��,{ _ _ �-- � - Notary �' Ii�, t�t� of ��;��'t,o ,��4*""��; �, GEORGE ANTNONY CARIBALTES, JR My coxnmission expires: ��� ,;,J ��f � � � *� MY COMMISSION #FF013231 �'* �'�`�� EXPIRES Aprll 30, 2017 `' p�adF [?��,,�'. �q€�a} 398•0153 �E�rItl�Nntary��roics.e�t� Upon Filing Return To: The City of Denton-Engineering Attn: Paul Williamson 901-A Texas Street Denton, TX 76209 Contract of Sale Page 23 of 24 Send Tax Billing Statements To: The City of Denton Attn: Finance Department 215 East McKinney Street Denton, Texas 76201 Notice of con�dentiality 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 numb'er. ' ' AFFIDAVIT OF FACTS CONCERNING THE IDENTITY OF HEIRS OF HELEN ROSE TYSON. DECEASED Before me, the undersigned authority, on this day personally appeared ��2� N a. �Q.S !1a- �Gl %�IS ("Affiant") who, being first duly sworn, upon his oath states: i 1. My name is �+�� ��,�+�, ��G' ,� ���. ��t �i�; and I live at ���`������ ��_�� ,� �� ��,, � D,�`�' (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 �'�,,r �' �� ���� _�(state family or friendship relationship). I am over the age of twenty-one (21) years. 2. I knew Decedent from t (date) until �,_ ,� �� `1 (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/�% �(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 , , * �. � � � � , •� r . , . ,�. �� . �� , . � 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 9174 I-64 i 2 Date of Birth: �` � Marital Status: �� b) ROSEMARIE VIRGINIA TYSON 1861 Riviera Parkway, Apt. 4 Jacksonville, Florida 3?��75 _ 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 45t" Avenue Gainesville, Florid 32608 Date of Birth: !U !(,� � 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. PagC i Of 3— AFFIDAVIT OF FACTS CONCERNING THE IDENTITY OF HEIRS (COD.DMElPurple Route/CartedDocs/James Tyson Heirs/Docs/Affidavit,Heirship. 1'1'SON)[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, II; b) ROSEMARIE VIRGINIA TYSON; c) ROBERT JOHN TYSON; d) BARBARA ANN TYSON (Wittwer); and e) DWANE DOUGLAS TYSON. Signed this � day of �_ , 2014= ��,�, _ .-� � � ��° �i ` f �' � � ��..,.� �'���'' � .y�.�.� �� � � �� .- �-- ,,.. �_ ., � �,.���" �a�1��r�I�T STATE OF l�G�1Gc�i� COUNTY OF ��U(/cA'�— : . Sworn to and subscribed to before me on the ,,r% P_/"so��/ �rt vz✓4 � �,Q • ,� il f,�' � �. ,, ;� � � �.. � �,..,. � �....__.._.. -- -� ... ... Nt��l:�t-�+ �'uu' i�, � fu of �c�r�n- ..... . My commission expires: � 3 �/�- C� day of ,,�(���°� . 2014 by ���'f "� ���� GEORGE ANTHONY CARIBALTES, Jfl ���� � � gi i ' , "�� MY COMMISSION #FF013231 �'`�'�"w�,° •• �_,�`�� EXPIRES April 30, 2017 ., � �';,,� �4CI7��398-0153 �InridaNr�s�arySarvNCC+.ct�m Page 3 of 3— AFF,nAV�r oF FaC'rs CoNCERrv'NC'rHE InEN'r''rY oF HEtas (COD.DME/Purple Route/Carter/Docs/James Tyson Heirs/Docs/Affidavit.Heirship. TYSON}[cs;110613] VICININMAP N.TS. t,�cerro _6n� _ ".�_ �j',.. � M..l ,�i��'3���,� ��� � lYSya4{.y�tn� / �,y,` .W+Y . �" °d�y� r•7 � ��� � � AW ����� 1 r� Kf � ; �.,m .� �`lYl� ��� g l f ��.Y iw NS ( Y ! + i aw�•��3 �. Ll. S3 � �� � � na t �.�s � y �� -... d � -fh _ �-f e�� . P •V�� , ���"� +vs�'+� � ! 4 � �.�'�..'�; 4 � �� � s � I f I 4 � I � 2660 McKinney 9Ceeet I., .. . dernrd Ruiand Yela $ II.A^w$ ACroe ���" . � � Emmc ten�nr Yesa �.' €3rknn L`xr€er I,.,�_ � �. YoL aCd6, Pg 252 ptenda Caitec � � "� � dnmir. 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"d�lm4 . ➢kalem yXY.MtB ws: orarcno � xa:�._______._s�wm3�a � s q �` r�� � �� ,�lw�Rr��l,`f��� � a�,�u� �:;+sn vr . a�,. i � . wt� ° ��..�. � r g, ��a q'� ���.. ALTA/ACSM 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 FACT_S CONCERNING THE IDENTITY OF HEIRS OF HELEN ROSE TYSON. DECEASED Before me, the undersigned authority, on this day personally appeared '� j���' ��("Affiant") who, being first duly sworn, upon his oath states: _� � 1. My name is ���'� � � � � /�'�l � �- ��� , and I live at a � �-°�` �Z +��� " L C.` � �. �_„��_� ;��. 3� ��" C� (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 „v_ -� � 1.�_��� t��~ +�������1 �(state family or friendship relationship). I am over the age of twenty-one (21) years. 2. I knew Decedent from � % a� � (date) until ��... ..�. C? ��� o�-� ���_� (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 dt� ��' (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— AF�1nAV1T or Facrs ConccE�'NC THE InENT�rY oF HE'its (CdD.DME/Purple Route/CarterlDacs/James Tyson HeirslDocs/AftTdavit.Heirship. TYSON)[cs;l 10613] 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,-�41� Date of Birth: j � :�- � � Marital Status: l'�/l b) ROSEMARIE VIRGINIA TYSON 1861 Riviera Parkway, Apt. 4 Jacksonville, Florida32?0 �� Date of Birth: � �- 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 45t" Avenue Gainesville, Florida 32608 Date of Birth: � l7 � j s Marital Status: S e) DWANE DOUGLAS TYSON 2137 Herschel Street Jacksonville, F��� �c�<� 3�`°�; ,��-����, Date ofBirth: � ��� ,� j� . �" 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— AFF'uavtT oF Fac'rs CoNCE�trv�NC'rHE In�Nr['rY oF HE[xs (COD.DME/Purple Route/Carter/Docs/James Tyson Heirs(Docs/Affidavit.Heirship. TYSdN)(cs;l 10613] 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. r� Signed this � � day of � , 2014. �� t �.��`'..�'` � K - �� � N� _ .,.__ ..�gy �� _ � �..,. AFFIANT STATE OF �''����� § � __,__.�...�, § COUNTY OF � U(%�L § Sworn to and s/��a�u��i���t� to .l��;f" �~�. me on the �� day of �U/t/�f , 2014 by '�c� � � .�,� Cc.-1' � � � �-� t� {� ��'' . 4 . — --- --- - _ _� �_ ___ y r � �� ""�"`���;�; GEORGE ANTHONY CARIBALTES, JR � *;�f''f '< MY COMMISSION #FF013231 : �, r "?� �� ���?;� EXPIRES April 30, 2017 , ,.,,,,. {ay�T9 398-01 �3 1=iQf��li+hJ�aSarypS�tv3c�.cran� .� � ��' `'� � �- . y ..�.... �' r,, _�. _.._ Notar I��.�t�1i� � t� of ��,�'r" ' � My commission expires: _ �''��� �'` �` Page 3 of 3— AFF�uAV,r oF FAC'rs CoNCERrvrNG'rHE iuEMrirY or< HEr[ts (COD.DMElPurple RoutelCarterlDocsPJames Tyson Heirs/Docs/Aftidavit.Heirship. 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YYrulaturerl�fyti� Ne Pf aNtw 'Y ��«'�elie6a+txersemkui a'm�meu��kEka`MeLr SpndaNU+ullR+q(" aduAiTNhtSatlurtY'�bsSUWe1y° m�xtyniaFAiitwdaadtlryxM y L PorJ A tt wtiM�fWrsir.m� t.X,Pi.d(s).Sia}N.lO.tf(t AtJ Pfahk.sAv flficFbAwrz4xveme+yk�kalmFkY}I.lOtd. @a�eu(M�aPf+4 _ _ � � � r� ���#�����. ��� �,���» x,d.� , � ��¢,� �.,� n ai, ��n�r ALTA/ACSM LAND TITLE SURVEY Notice of con�dentiality 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 ��/�jhl� ��/S4�i6�_ _„ _("Affiant") who, being first duly sworn, upon his oath states: L My name is ���,�.��_�f� �, and I live at � -- � -� � -���;���� �j . :�..�,f��' � ��:��" � (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 ��,,� ,�-�� �,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 ,El� � 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/CartedDocs/James Tyson Heirs/Docs/Affidavit.Heirship. TYSON)[cs;l ]0613] were fled in the Real Property records of Denton County, Texas, on January 9, 2014, under Instrument Number 2014-2226. 4. Decedent had the following fve children only: a) WILLIAM LEE TYSON, II 2114 Meadowbrook Lane Glendora, CA 91741-�412 Date of Birth: i��� „� Marital Status: ���!_ m b) ROSEMARIE VIRGINIA TYSON 1861 Riviera Parkway, Apt. 4 Jacksonville, Florida �,2Z�}S Date of Birth: �^ �� �°� Marital Status: � c) ROBERT JOHN TYSON 6945 SW 45th Avenue Gainesville, Florida 32 08 Date of Birth: / •�- Marital Status: d) BARBAR.A ANN TYSON (Wittwer) 6945 SW 45t" Avenue Gainesville, Florida �i260� , Date of Birth: / �/� �� � ..,..�_ �..__,�— 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— AFFroAVtr oF FACrs CoNCE�[NC TxE IDENr[TY oF H�'rts (COD.DMF/Purple RoutelCarterlDocs/James Tyson Heirs/Docs/A�davit.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, II; b) ROSEMARIE VIRGINIA TYSON; c) ROBERT JOHN TYSON; d) BARBARA ANN TYSON (Wittwer); and e) DWANE DOUGLAS TYSON. Signed this � day of ,��"��� _, 2014. � _,.�: '� � �'� r � : AFFIANT STATE OF �Y�c�� § COUNTY OF �l� U �N tl� � § § Sworn top and subscribed to before me on the day of .r�-` �..�£�i� , 2014 by l�G� d 5 al�t wl ��1 u�,✓� d c,,(_, ;�� *�� "��r�;� 0 GE ANTHONY CARIBAI.TES, Jfl � *� MY COMMISSION #FF013231 `w, % e�' EXPIRES Aprll 30, 2017 `'3.,� ar �°: (A�7} 399-0153 �EurSd;�iF9�iseySz��,rica.cram _ „ �� ,,� . ; _.s'�ti � . �. ... � ��-{ Notary Put�i ��s �t�tc �f � �-��: ' ,�.� �' My commission expires: �N � � �� ;� u.,� ��� R� i� � • .;. • � ! . � .,•: M � i � � �.. � � !� � t , r .:. ! �: �. 1 . voGNaiY�nP n�.T.rtv. [EGEND 1 % S� h=s' . � .. 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