25-0701-50267007G-Melvin-SellersignedPSA.pdf
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CITY OF BUCKEYE City Attorney’s Office BUCKEYE, AZ Real Estate Division June 4, 2025 Melvin Family Revocable Trust Attn: Franklin and Karen Thompson-Melvin, Trustees and Ms. Donna Jo Melvin 10047 W. Ironwood Dr. Sun City, AZ 85351 RE: Project: Jackrabbit Trail from Thomas to McDowell Project CIP#: 109050 Maricopa County Assessor's Parcel No.: 502-67-007G Property Address: East side of Jackrabbit Trail, north of McDowell Road Property Owner: Melvin Family Revocable Trust Dear Franklin and Karen Thompson-Melvin, Trustees and Ms. Donna Jo Melvin: The City of Buckeye, Arizona will be conducting roadway improvements along Jackrabbit Trail between McDowell and Thomas Roads. To complete these improvements, it is necessary for the City to acquire additional rights of way. The City of Buckeye presents its offer of $56,836.00 for the property rights needed in connection with the above project. Below is a summary of the offer for your property. The estate or interest needed is as follows: Fee Interest (new right-of-way) 4,372 Sq Ft The amount offered represents just compensation and is the result of a review and analysis of an appraisal made by a certified real estate appraiser. If only part of the property is needed, full consideration has been given to the value of the remaining property, including items requiring compensation on a “cost-to-cure” basis, if any. The analysis of the remaining property takes into account the effect of the acquisition of the land needed, and the establishment and construction of the project. Land (including improvements) $56,836.00 Total Just Compensation $56,836.00 945 N. 215» Ave Suite 137 * Buckeye, Arizona 85326 Phone 623-349-6920 * www.buckeyeaz.gov The improvements associated with the purchase are described as follows: None. Additional improvements within the easement acquisition areas that are considered relocatable must be removed from the acquisition area by close of escrow. It is hereby acknowledged that all buildings and other improvements listed above, that are situated entirely or partially within the acquisition areas, are conveyed to the City of Buckeye with Rights of Entry upon the Property Owner’s remaining land for the purpose of building removal and other improvements as noted. Provided is a copy of the independent appraisal upon which the offer is based. If you accept the offer, please sign, or have those persons authorized to sign on behalf of the property owners, sign this offer letter and we will provide the documents necessary to transfer your property rights to the City of Buckeye. If the property to be acquired is owned by a Corporation, Limited Liability Company, Partnership or Trust, we will need a copy of the Articles of Organization, and/or Operating/Partnership/Trust Agreements, along with a resolution stating who has signature authority to sign on its behalf. If you have any questions, please contact me at 602-682-0000. You may also reach me at my email address: tscott@tierra-row.com. Thank you for your consideration. Regards, een ere ied a. 3 Taylor Scott, Acquisition Agent Tierra Right of Way Services, Ltd. as Agent for City of Buckeye SELLER: BUYER: COPY TO: ESCROW AGENT: Escrow No. PURCHASE AGREEMENT (Jackrabbit Trail from Thomas to McDowell) Melvin Family Revocable Living Trust 10047 W. Ironwood Dr. Sun City, AZ 85351 Phone: 602: 58? -S79S Email: 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. 19" Ave. Suite 114 Phoenix, AZ 85027 Attn: Taylor Scott Phone: 602.682.0000 Email: tscott@tierra-row.com City of Buckeye, an Arizona municipal corporation 530 East Monroe Avenue Buckeye AZ 85326 Atin: K. Scott McCoy, City Attorney Phone: 623.349.6933 E-mail: smccoy@buckeyeaz.gov 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: sbryant@securitytitle.com 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): Page 1 of 5 the “Real Property” which includes the fee simple interest in that certain land legally described and depicted in Exhibits *1* attached hereto, Any on-site improvements included in the sale are noted separately herein below. O those easement or easements legally described and depicted in Exhibits * -* attached hereto. Any on-site improvements included in the sale are noted separately herein below. Oo the “Improvements,” which are those structures, buildings, fixtures and site improvements on the Property, as set forth Exhibit * attached hereto. O [Other - describe] 3. Purchase Price. The “Purchase Price” shall be in the following total amount. Fifty-Six Thousand Eight Hundred and Thirty-Six and 00/100 DOLLARS ($56,836.00) 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 1n 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 [please check as 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 1n the printed form of such a policy, and (11) those title defects or exceptions as are deemed acceptable to Buyer per Paragraph 7 below. O) = [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 1s 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). Page 2 of S 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 imspections, investigations, and tests, in 1ts sole discretion, determines that the Property 1s not suitable for 1ts purposes, 1t 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 Page 3 of 5 them on other land owned by Seller or in storage, provided Seller, in writing, (1) requests such action, (ii) authorizes Buyer to enter Sellei’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. 14, Modification. This Agreement may not be modified unless it 1s 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, 1s 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 1f 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. Page 4 of 5 24, Full Compensation. She 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. 25. Cancellation for Conflict of Interest. Buyer may cancel this Agreement for a conflict of interest unde1 ARS, § 38-511. SELLER: Franklin E. Melvin and Karen A. Thompson-Melvin, Trustees of The Melvin Family Revocable Living Trust dated February 28, 2008 and Donna Jo Melvin, an unmarried woman By: 2 , ©) PSoN Melvin Print Name: MARE Title: Troster Date: 6) 7: AS Page 5 of 5 BUYER: City of Buckeye, an Arizona municipal corporation (“Buyer”) By: Print Name: David B. Roderique Title: Interim City Manager Date: ATTEST: By: Print Name. Lucinda J. Aja Title: City Clerk APPROVED AS TO FORM: By: Print Name* K Scott McCoy Title: City Attorney Exhibit *1* to Purchase Agreement General Warranty Deed WHEN RECORDED, RETURN TO: City of Buckeye ATTN: City Clerk, Lucinda J. Aja 530 East Monroe Avenue Buckeye, Arizona 85326 THIS DEED IS EXEMPT FROM AFFIDAVIT PURSUANT TO A.RSS. § 11-1134.A.3 GENERAL WARRANTY DEED This General Warranty Deed is made the 14. day of dune , 2025, by FRANKLIN E. MELVIN AND KAREN A. THOMPSON-MELVIN, TRUSTEES OF THE MELVIN FAMILY REVOCABLE LIVING TRUST DATED FEBRUARY 28, 2008 AND DONNA JO MELVIN, AN UNMARRIED WOMAN as Grantor, to the CITY OF BUCKEYE, an Arizona municipal corporation, as Grantee. For the consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor grants and conveys to Grantee the following described real property situated in Maricopa County, Arizona, to wit: See Exhibit A and Exhibit B attached hereto and incorporated herein by this reference. Together with all tenements, hereditaments and appurtenances thereto. Grantor hereby binds Grantor and successors to warrant and defend the title to Grantee against all lawful claims whatsoever, whether claiming through Grantor or otherwise. [SIGNATURES APPEAR ON NEXT PAGE] IN we OUK WHEREOF Grantor has executed this General Warranty Deed as of the jam day of » 2025. GRANTOR: Franklin E. Melvin and Karen A. Thompson-Melvin, Trustees of The Melvin Family Revocable Living Trust dated February 28, 2008 and Donna Jo Melvin, an unmarried woman K Qrevy \ Jhuomps.on Welburn Signature Signature Signature Hagen A Thorpsern Meus) yo Trust: Its STATE OF ARIZONA ) Ss COUNTY OF Mami Ga pa_) in this jam day of dune , 2025, before me personally appeared Karey AK 7? , Whose identity was proven to me on the basis of satisfactory evidence to be the person who he or she claims to be and acknowledged that s/he signed this General Warranty Deed. I certify under PENALTY OF PERJURY under the laws) of the State of Arizona that the foregoing paragraph is true and correct. fim, ALEJANDRA VICTORIA-LOPEZ Notary Public - State of Arizona MARICOPA COUNTY (Seal and Expiration Date) N VY 0 Commission # 673183 Expires September 16, 2028 Bublic oy for the State of Arizona ACCEPTED BY: CITY OF BUCKEYE, an Arizona APPROVED AS TO FORM: Municipal Corporation K. Scott McCoy, City Attorney David B. Roderique, Interim City Manager ATTEST: Lucinda J. Aja, City Clerk EXHIBIT A TO GENERAL WARRANTY DEED [Legal Description of Property] RIVER MERIDIAN. LESS. (~ EXHIBIT A THAT PART OF THE PARCEL DESCRIBED IN INSTRUMENT NO. 2018—0739263, MARICOPA COUNTY RECORDS THAT LIES WITHIN THE EAST 30 FEET OF THE WEST 70 FEET OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 2 WEST, GILA AND SALT ~ THE ABOVE DESCRIBED PARCEL CONTAINS 4,372 SF (0.1004 AC) OF LAND, MORE OR x NV, » 4 Sones w Som, 0 SUITE 900 ARDURRA PHOENIX, AZ 85004 PHONE: 602-263-1177 602-263-1177 \ www.ardurra.com Y 1001 N. CENTRAL AVENUE, APN 502-67-007G LEGAL DESCRIPTION PROPOSED RIGHT-OF-WAY DATE: 11/07/24 DSN JB DRN. JB CHK. TR JACKRABBIT TRAIL McDOWELL ROAD TO OSBORN ROAD SHEET 1 OF 2 EXHIBIT B TO GENERAL WARRANTY DEED [Boundary Map/Depiction] ya WEST QUARTER—CORNER EXHIBIT B SEC. 33, T2N, R2W FND 3” MCDOT BCHH W. MCDOWELL RD SW CORNER SEC. 33, T2N, R2W FND 3” MCDOT BCHH ; oy APN 502—67—031G iS $89°50'05°E THOMAS M MCMAHON 5 40.00 REVOCABLE LIVING TRUST e 589°33'06"E ~—« INST. 2023-0179701, MCR 30.00’ WY | wy & Sly. anz 40 PROPOSED R/W zag| RM VA N MW APN 502-67—007G BS MELVIN FAMILY REVOCABLE 225! LIVING TRUST/ETAL 25) Ne INST. 2018-0739263, MCR ~ een , S0°09’55” No‘o9’58"E__-130" 7 iosg 145.72' ror) [2 ~ | | N89°30'30"W | SCALE: 50.00 APN 502-67—007H 1"=60 | EDWARDS WARD FAMILY ow At REVOCABLE. TRUST oN ; INST. 2019—0780037, MCR RoW x SV, vy 4, Sioned Ww Sony. 0 2 NA 1001 N. CENTRAL AVENUE, APN 502-67-007G LEGAL DESCRIPTION PROPOSED RIGHT-OF-WAY SUITE 900 TES DATE: 11/07/24) = JACKRABBIT TRAIL PHOENIX, AZ 85004 DSN JB McDOWELL ROAD TO PHONE. 602-263-1177 602-263-1177 DRN JB OSBORN ROAD \._ www.ardurra.com CHK TR SHEET 2 OF 2 S/S WHEN RECORDED, RETURN TO: City of Buckeye ATTN: City Clerk, Lucinda J. Aja 530 East Monroe Avenue Buckeye, Arizona 85326 THIS DEED IS EXEMPT FROM AFFIDAVIT PURSUANT TO A.RSS. § 11-1134.A.3 GENERAL WARRANTY DEED This General Warranty Deed is made the /%) day of \) UY e— , 2025, by FRANKLIN E. MELVIN AND KAREN A. THOMPSON-MELVIN, TRUSTEES OF THE MELVIN FAMILY REVOCABLE LIVING TRUST DATED FEBRUARY 28, 2008 AND DONNA JO MELVIN, AN UNMARRIED WOMAN as Grantor, to the CITY OF BUCKEYE, an Arizona municipal corporation, as Grantee. For the consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor grants and conveys to Grantee the following described real property situated in Maricopa County, Arizona, to wit: See Exhibit A and Exhibit B attached hereto and incorporated herein by this reference. Together with all tenements, hereditaments and appurtenances thereto. Grantor hereby binds Grantor and successors to warrant and defend the title to Grantee against all lawful claims whatsoever, whether claiming through Grantor or otherwise. [SIGNATURES APPEAR ON NEXT PAGE] IN WITNESS EREOF Grantor has executed this General Warranty Deed as of the (qr day of N , 2025. GRANTOR: Franklin E. Melvin and Karen A. Thompson-Melvin, Trustees of The Melvin Family Revocable Living Trust dated February 28, 2008 and Donna Jo Melvin, an unmarried woman kK AwYy h Shops Wo en Signature Signature Signature aged A Thompson Webs so we Ly -) & Its STATE OF ARIZONA 4 ss county oF Man. . m this 14 day of , 2025, before me personally appeared _T\A | , whose identity was proven to me on the basis of satisfa¢tory evidence to be the person who he or she claims to be and acknowledged that s/he signed this General Warranty Deed. I certify under PENALTY OF PERJURY y e State of Arizona that the foregoing paragraph 1s true and correct. (Seal and Expiration Date) arp ALEJANDRA VICTORIA. LOPEZ ie = Notary Public - State of Anzona oe ses): MARICOPA COUNTY ACCEPTED BY: Commission # 673183 Expires September 16, 2028 ij the State of Arizona CITY OF BUCKEYE, an Arizona APPROVED AS TO FORM: Municipal Corporation K. Scott McCoy, City Attorney David B. Roderique, Interim City Manager ATTEST: Lucinda J. Aja, City Clerk EXHIBIT A TO GENERAL WARRANTY DEED [Legal Description of Property] (— EXHIBIT A >» THAT PART OF THE PARCEL DESCRIBED IN INSTRUMENT NO. 2018-0739263, MARICOPA COUNTY RECORDS THAT LIES WITHIN THE EAST 30 FEET OF THE WEST 70 FEET OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 2 WEST, GILA AND SALT RIVER MERIDIAN. THE ABOVE DESCRIBED PARCEL CONTAINS 4,372 SF (0.1004 AC) OF LAND, MORE OR LESS. ~ Yj » 4 Sone SY Som, WS APN 502-67-007G LEGAL DESCRIPTION PROPOSED RIGHT-OF-WAY 1001 N. CENTRAL AVENUE, SUITE 900 DATE: 11/07/24) JACKRABBIT TRAIL PHOENIX, AZ 85004 DSN JB McDOWELL ROAD TO PHONE, 602-263-1177 602-263-1177 DRN. JB OSBORN ROAD L www.ardurra.com CHK. TR SHEET 1 OF 2 SS)