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
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By�
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�F�� ��I:�,X� .t�.4" �"(� LEGAL FORM:
ANITA BURGESS, CITY �1�"�"C�RNEY
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By: '� � �
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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
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Contract of Sale
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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�
... ,. � _
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�� , � '�4� � ����` ��&; � ^ r� �y Public, State of ��CL
�
� �` • �'� ; � = �r1y ccai�rr�i��i�n expires: �t )
� �
� � y �� �s� � `� TE OF � C� � § _ �, _
•��� �
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d���'� ��'�,�r�u��
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���°������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
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Notary � ut�lic, State of �` � � �,
My commission expires: � � p�� �� ��
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' � ' � , ', � ; , ` ; � ,,
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 �
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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)
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❑ 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 �' �
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�,.���" �a�1��r�I�T
STATE OF l�G�1Gc�i�
COUNTY OF ��U(/cA'�—
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.
Sworn to and subscribed to before me on the
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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]
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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�
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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. TYSON)[cs;110613]
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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 _
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ALTA/ACSM
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