250701-50267007H-Edwards PA - SellerSigned.pdf
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PURCHASE AGREEMENT
Jackrabbit Trail from Thomas to McDowell
SELLER:
Edwards Ward Family Revocable Trust
Attn: Isela Edwards Ward and Lori Karen Edwards
2386 Ron Way
San Diego, CA 92123
Phone:
Email:
BUYER:
City of Buckeye, an Arizona municipal corporation
530 East Monroe Avenue
Buckeye AZ 85326
Attn:
Rhiannon Zuleger, Right of Way Agent
Phone: 623.349.6288
E-mail: rzuleger@buckeyeaz.gov
c/o Tierra Right of Way
21410 N. 19th Ave. Suite 114
Phoenix, AZ 85027
Attn: Taylor Scott
Phone: 602.682.0000
Email: tscott@tierra-row.com
COPY TO:
City of Buckeye, an Arizona municipal corporation
530 East Monroe Avenue
Buckeye AZ 85326
Attn: K. Scott McCoy, City Attorney
Phone: 623.349.6933
E-mail: smccoy@buckeyeaz.gov
ESCROW AGENT:
Security Title Agency, Inc.
4772 North 24th Street Suite 200
Phoenix AZ 85016
Attn: Jason Bryant, AVP Branch Manager
Phone: 602.230.6297
E-mail: jbryant@securitytitle.com
Escrow No.
Date:
Security Title Escrow No.
Escrow Opening Date (“EOD”)
1.
Agreement. This Purchase Agreement, together with Escrow Agent’s printed form Escrow Instructions,
constitutes a binding agreement between Seller and Buyer for the purchase and sale of the Property (defined in
Paragraph 2 below) and defines the terms of escrow with Escrow Agent, who shall also serve as title insurer. If
there is any conflict or inconsistency between the printed form escrow instructions and this Purchase Agreement,
this Purchase Agreement shall prevail.
2.
Property Included in Sale. Collectively, all of the following comprises the “Property” [please check all
that apply]:
jacksonvalentine@hotmail.com
551-264-0420
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☐
the “Real Property” which includes the fee simple interest in that certain land legally described
and depicted in Exhibits * -* attached hereto. Any on-site improvements included in the sale are noted separately
herein below.
those easement or easements legally described and depicted in Exhibits *1* attached hereto. Any
on-site improvements included in the sale are noted separately herein below.
☐
the “Improvements,” which are those structures, buildings, fixtures and site improvements on the
Property, as set forth Exhibit * attached hereto.
3.
Purchase Price. The “Purchase Price” shall be in the following total amount: One Thousand Two
Hundred and Forty Six Dollars 00/100 DOLLARS ($1,246.00), payable at Close of Escrow (also abbreviated
herein as “COE”).
4.
Escrow. Escrow shall open upon receipt by Escrow Agent of a fully executed and approved copy of this
Purchase Agreement and shall close at Escrow Agent’s above-stated office address the earlier of (i) seven (7)
business days after all title requirements and Buyer’s contingencies have been met, and (ii) sixty (60) days following
Escrow Opening Date or at such other place, date or time as may be agreed in writing by the Parties.
5.
Escrow Documents. Within seven (7) business days after Buyer delivers a fully executed copy of this
Purchase Agreement to the Escrow Agent, Seller shall deliver to Escrow Agent the general warranty deed and/or
easements required to grant or convey the Property Included in Sale to Buyer, each of which shall be in form and
substance as provided to Seller with the written offer to purchase or as otherwise deemed satisfactory to Buyer. At
least one (1) business day prior to COE, Seller shall provide a non-foreign certificate, estoppel certificate, IRS Form
W-9, and other documents satisfactory to Buyer and/or Escrow Agent and sufficient time to allow title insurance to
issue and to allow Buyer unimpeded use of the Property for its intended public use.
6.
Closing Items. At Closing, Escrow Agent shall deliver the following: (a) all deeds and/or easements to
convey or grant to Buyer the Property Included in Sale, (b) all documents necessary to satisfy requirements for this
Escrow, (c) a closing or settlement statement indicating a true and correct disbursement of funds collected from the
Seller and Buyer in connection with the Escrow, and (d) disbursement of funds in accordance with the terms of this
Purchase Agreement; and shall Escrow Agent shall issue in favor of Buyer: NOT APPLICABLE
☐
Standard owner’s policy of title insurance in an amount equal to the Purchase Price to be paid by Buyer,
subject to (i) usual exceptions, conditions, and stipulations contained in the printed form of such a policy, and
(ii) those title defects or exceptions as are deemed acceptable to Buyer per Paragraph 7 below.
☐
[Other - describe]:
.
7.
Buyer’s Contingencies. Buyer’s obligations to close is contingent upon: (a) Buyer’s authorized
representative or counsel advising Escrow Agent that the status of title is acceptable or that Buyer will waive any
objections thereto, (b) Seller not encumbering the Real Property and/or the easements in any way from the date of
this Purchase Agreement through Close of Escrow, (c) Seller providing consents to easements, lease releases or
estoppels regarding tenants where deemed necessary by Buyer for its protection, and (d) completion of the Review
Period (as defined herein below).
8.
Review Period. Buyer shall have until 5:00 p.m. Arizona time, thirty (30) days after Escrow opens (the
“Review Period”) in which to review title matters, investigate environmental issues, survey, inspect, and examine
the Property at any time with any persons who it shall designate, including engineers and soil testing personnel.
Seller shall permit access to the Property by Buyer and its agents for these purposes. In the event Buyer, after
conducting such inspections, investigations, and tests, in its sole discretion, determines that the Property is not
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suitable for its purposes, it may elect at any time prior to the ends of the Review Period to cancel this Agreement
by written notice to Seller and Escrow Agent, who shall, without further instructions from either party or any other
person, promptly return any documents deposited hereunder to the appropriate party, and this Agreement shall
thereafter have no further force or effect. If Buyer does not elect to cancel under this Paragraph within the Review
Period, then the COE shall occur on the date specified in Paragraph 4 above, provided that all contingencies
including status of title requirements, are met.
9.
Seller’s Representations and Warranties. Seller represents and warrants to Buyer that Seller has the full
power, authority and legal capacity to execute, deliver, and perform this Agreement and all related documents or
instruments. No work has been performed or is in progress at the Property and no materials have been furnished to
the Property, which might give rise to a mechanic’s or materialman’s lien against the Property. Seller is not aware
of the presence of any subsurface improvements (e.g., septic systems, storm cellars, wells, storage tanks) within the
area that comprises the Real Property, except for such improvements as Seller has provided information to Buyer
to assist in locating the same. These representations and warranties shall be true as of the date of this Agreement
and at Close of Escrow.
10.
Costs and Prorations, Risk of Loss, Further Assurances. Buyer shall pay all escrow fees, title policy
premiums and recording fees. All real property taxes, rents and assessments shall be prorated through Eclose of
Escrow, based upon the most current available information. Seller shall be obligated to any existing liens,
mortgages, or deeds of trusts that encumber the Property from proceeds of the sale through escrow at Close of
Escrow. Each party shall take any further acts and shall execute further documents as reasonably necessary to carry
out the intent and purpose of this Purchase Agreement.
11.
Waivers, Title Insurance Option. Buyer may waive escrow and/or title insurance, and in such event the
conveyance or grant will be direct to Buyer and payment will be made concurrently to Seller. Buyer, at its option
and cost, may obtain extended coverage title insurance.
12.
Notices. All notices, consents, approvals, and waivers required or permitted hereunder shall be given in
writing and shall be effective upon personal delivery or direct facsimile transmission, or five (5) business days after
being deposited with the U.S. Postal Service, registered or certified, return receipt requested, postage prepaid, or
one (1) business day after being deposited with any commercial air courier or express service to the parties at their
addresses noted above.
13.
Removal of Improvements. The Parties hereby acknowledge and agree that the Purchase Price does not
include certain improvements, including without limitation, private signs, lights, and irrigation/sprinkler facilities,
that are capable of being removed and relocated by the Seller (the “Relocatable Improvements”), but does include
an amount for the reasonable cost of removal and relocation of such Relocatable Improvements. Seller shall remove
and relocate any such Relocatable Improvements from the Real Property, including from the area of any permanent
easements being acquired, together with any of Seller’s equipment or personal property located thereon, on or before
the date on which the Buyer acquires title or easement rights in the Real Property or within thirty (30) days after
the date on which Buyer obtains an Order of Immediate Possession in a court of law for the Real Property, whichever
date first occurs. Seller shall be responsible for obtaining any permits necessary to accomplish such relocation. If
Seller does not remove the Relocatable Improvements from the Real Property within the required thirty (30) day
period, and Buyer desires to remove the Relocatable Improvements, Buyer will either: (a) acquire and pay for the
value of the Relocatable Improvements as required by law, or (b) remove the Relocatable Improvements and place
them on other land owned by Seller or in storage, provided Seller, in writing, (i) requests such action, (ii) authorizes
Buyer to enter Seller’s land for such purpose or to store the Relocatable Improvements, (iii) expressly holds Buyer
harmless from any damages for injury to persons or property arising from this activity, and (iv) agrees to a reduction
in the compensation equal to the cost incurred by Buyer in performing such activity.
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14.
Modification. This Agreement may not be modified unless it is in writing and signed by all parties hereto.
15.
Exculpation. Seller agrees that there shall be absolutely no personal liability on the part of the
City or any employee or agent of the City with respect to any of the terms, covenants and conditions of
this Agreement.
16.
Time of Essence, Council Approval. Time is of the essence. For purposes of this Agreement, “business
days” shall mean Monday through Friday, excluding federal and state holidays. If any date set forth in this
Agreement for the delivery of any document or notice or the happening of any event (such as, for example, the
expiration of the Feasibility Period or the Close of Escrow) should, under the terms hereof, fall on a day that is not
a business day, then such date shall be automatically extended to the next succeeding business day. Deliveries or
events occurring subsequent to 5:00 PM on a business day in the location of occurrence shall be deemed to have
occurred on the next business day (e.g., notices due on a certain date must be received by 5:00 PM on such date).
Approval of the Buckeye City Council may be required for this Purchase Agreement and, if required, is a
contingency to the closing of Escrow. Any such required approval shall be indicated by the signature of the Mayor,
or official acting in said capacity, on this Purchase Agreement, or by a Resolution of the City Council ratifying the
execution of this Purchase Agreement by the agent of the Buyer signing below, or as otherwise required by the City
of Buckeye City Code.
17.
Exhibits. The Exhibits reference herein are and shall remain attached hereto, and are incorporated herein
by this reference.
18.
Litigation Expenses and Attorneys’ Fees. In the event litigation involving this Agreement, the prevailing
party shall in any such action or proceeding shall be entitled to recover its costs and expenses incurred in such action
from the other party, including reasonable attorney’s fees as determined by the Judge of the court.
19.
Entire Agreement. This Agreement constitutes the entire agreement between the Parties, written and
verbal.
20.
Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner
as to be valid under applicable law, but if any provision of this Agreement shall be deemed invalid or prohibited
thereunder, such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain
in full force and effect.
21.
Applicable Law. This Agreement shall be governed by, construed and enforced in accordance with the
laws of the state of Arizona.
22.
Counterparts. The Agreement may be executed by the signing in counterparts. The execution of this
instrument by each of the Parties signing a counterpart hereof shall constitute a valid execution, and this instrument
and all of its counterparts so executed shall be deemed for all purposes to be a single instrument.
23.
Possession. Upon Close of Escrow, possession of the Property shall be transferred to Buyer.
24.
Full Compensation. The consideration expressed herein is accepted by Seller as full compensation for the
Property being acquired by Buyer, whether in fee or as an easement-right, and in settlement of all injury or damage
to Seller’s remaining abutting property arising as a consequence of this acquisition by Buyer. The consideration
paid by Buyer shall not be admissible as evidence of value, nor for any other evidentiary purpose, in any judicial or
administrative proceeding.
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25.
Cancellation for Conflict of Interest. Buyer may cancel this Agreement for a conflict of interest under
A.R.S. § 38-511.
SELLER:
BUYER:
Isela Edwards Ward and Lori Karen Edwards,
City of Buckeye, an Arizona municipal
as Trustees of the Edwars Ward Family
corporation (“Buyer”)
Revocable Trust amended and restated
April 16, 2019
By:
By:
Print Name:
Print Name:
David B. Roderique
Title:
Title:
Interim City Manager
Date:
Date:
ATTEST:
By:
Print Name:
Lucinda J. Aja
Title:
City Clerk
APPROVED AS TO FORM:
By:
Print Name:
K. Scott McCoy
Title:
City Attorney
Jul 01, 2025
lori k edwards
Exhibit *1*
to Purchase Agreement
Temporary Construction Easement
WHEN RECORDED, RETURN TO:
City of Buckeye
ATTN: City Clerk, Lucinda J. Aja
530 East Monroe Avenue
Buckeye, Arizona 85326
Exempt under A.R.S. § 11-1134(A)(2)
TEMPORARY CONSTRUCTION EASEMENT
For and in consideration of the sum of Ten and 00/100 Dollars ($10.00), and other good
and valuable consideration, the receipt of which is hereby acknowledged, Isela Edwards Ward and
Lori Karen Edwards, as Trustees of the Edwards Ward Family Revocable Trust amended and
restated April 16, 2019 (“Grantor”), does/do hereby grant and convey to the City of Buckeye,
Arizona, an Arizona municipal corporation (“Grantee”), a Temporary Construction Easement for
the expansion of Jackrabbit Trail (“Improvements”), together with the temporary right of ingress
and egress for the purposes of excavating and removing, installation, placement or replacement of
soil and/or asphalt and construction plans identified below, including any additional grading work
deemed necessary or appropriate by the Grantee over, under and across the real property situated
in Maricopa County, Arizona, as legally described and depicted on Exhibit A and Exhibit B
attached hereto and made a part hereof, and as shown on the construction plans prepared by
Ardurra and dated November 2024. Grantor’s property shall be restored by Grantee to an “as good
as” condition as existed prior to construction of the Improvements.
This easement right, related to Assessor’s Parcel No(s). 502-67-007H, shall be
extinguished upon completion of construction of the Improvements by the City of Buckeye
“Construction Completion”).
Grantor agrees that for a period of one (1) year following Construction Completion, and
upon five (5) days’ prior written notice by Grantee to Grantor, Grantee may enter upon the property
described and depicted on Exhibit A and Exhibit B for the purposes of performing any required
warranty work. Grantor agrees that the Improvements will provide a benefit to Grantor’s property
and, therefore, agrees to allow Grantee to perform the warranty work at no additional consideration
to the Grantor. Grantor’s property shall be restored by Grantee to an “as good as” condition as
existed prior to performance of the warranty work.
Dated this
day of
, 2025.
[signature on following page]
GRANTOR: Isela Edwards Ward and Lori
Karen Edwards, as Trustees of the Edwars
Ward Family Revocable Trust amended and
restated April 16, 2019
By:__________________________________
Print Name:___________________________
Its:___________________________________
By:__________________________________
Print Name:___________________________
Its:___________________________________
State of
)
) ss.
County of
)
On this ______ day of _____________, 2025, before me personally appeared
_____________, the
of
, a[n]
, whose identity was
proven to me on the basis of satisfactory evidence to be the person who s/he claims to be, and
acknowledged that s/he signed the above/attached document, consisting of
pages,
including exhibits, on behalf of said entity.
I certify under PENALTY OF PERJURY under the laws of the State of Arizona that the
foregoing paragraph is true and correct.
Notary Public
My Commission Expires:
ACCEPTED BY:
CITY OF BUCKEYE,
an Arizona municipal corporation
_________________________________
David B. Roderique, Interim City Manager
ATTEST:
__________________________________
Lucinda J. Aja, City Clerk
Exhibit A
to
Temporary Construction Easement
Legal Description
SHEET 1 OF 2
DATE:
DSN:
DRN:
CHK:
1001 N. CENTRAL AVENUE,
SUITE 900
PHOENIX, AZ 85004
PHONE: 602-263-1177
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APN 502-67-007H
LEGAL DESCRIPTION
PROPOSED
TEMPORARY CONSTRUCTION EASEMENT
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McDOWELL ROAD TO
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02/04/25
Exhibit B
to
Temporary Construction Easement
Boundary Map/Depiction
SHEET 2 OF 2
DATE:
DSN:
DRN:
CHK:
1001 N. CENTRAL AVENUE,
SUITE 900
PHOENIX, AZ 85004
PHONE: 602-263-1177
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APN 502-67-007H
LEGAL DESCRIPTION
PROPOSED
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McDOWELL ROAD TO
OSBORN ROAD
02/04/25