25-0811-JRT-50267031G-McMahon Trust-PE PSA.pdf

SELLER:

BUYER:

COPY TO:

ESCROW AGENT:

Escrow No.

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,

PURCHASE AGREEMENT
(Jackrabbit Trail from Thomas to McDowell)

Thomas M. McMahon Revocable Living Trust
2227 S. 166th Ave

Goodyear, AZ 85338

Phone:_€23~ 672- G/ot

Email: Tme 9¢337 2 Yahoo Con

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

Attn: K. Scott McCoy, City Attorney

Phone: 623.349.6933

E-mail: smecoy@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: jbryant@securitytitle.com

STISL5 O25 Date: Sun 24 wes”

Security Title Escrow No. Escrow Opening Date (“EOD”)

this Purchase Agreement shall prevail.

2. Property Included in Sale. Collectively, all of the following comprises the “Property”:
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.

Page 1 of 5

those easement or easements legally described and depicted in Exhibits *2* 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.

oO [Other - describe]

3. Purchase Price. The “Purchase Price” shall be in the following total amount: Ninety-Four Thousand
Seven Hundred Twenty Five and 00/100 DOLLARS ($94,725.00), 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 [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 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.
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 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
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

Page 2 of 5

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.

14. Modification. This Agreement may not be modified unless it is in writing and signed by all parties hereto.

Page 3 of 5

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.

25. Cancellation for Conflict of Interest. Buyer may cancel this Agreement for a conflict of interest under
ARS. § 38-511.

Page 4 of S

SELLER:

Thomas M. McMahon, Trustee of the Thomas M.
McMahon Revocable Living Trust, dated April 3,

2023, (ti amendments thereto
By: / L—

Print Name:_ homer Me Ma Hoy
Title:_ Celie
Date: 6-4- dS

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

ATIN: City Clerk, Lucinda J. Aja
530 East Monroe Avenue
Buckeye, Arizona 85326

THIS DEED IS EXEMPT FROM AFFIDAVIT PURSUANT TO A.RS. § 11-1134.A.3

GENERAL WARRANTY DEED

This General Warranty Deed is made the day of , 2025, by
Thomas McMahon, Trustee of The Thomas M. McMahon Revocable Living Trust, dated
April 3, 2023, and any amendments thereto 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 WHEREOF Grantor has executed this General Warranty Deed as of the

day of , 2025.

GRANTOR: Thomas McMahon, Trustee
of The Thomas M. McMahon Revocable
Living Trust, dated April 3, 2023, and
any amendments thereto
Signature
By
Its

STATE OF ARIZONA )

) ss
COUNTY OF )
On this day of , 2025, before me personally appeared

, 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.

(Seal and Expiration Date)

Notary Public in and 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]

(~ EXHIBIT A >)

THE EAST 30 FEET OF THE WEST 70 FEET OF THE NORTH HALF OF THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 353,
TOWNSHIP 2 NORTH, RANGE 2 WEST, GILA AND SALT RIVER MERIDIAN.

THE ABOVE DESCRIBED PARCEL CONTAINS 9,881 SF (0.2268 AC) OF LAND, MORE OR
LESS.

x
S

Sy
4 Signe OY .
S/20N ves

APN 502-67-031G
LEGAL DESCRIPTION
PROPOSED RIGHT-OF-WAY

1001 N. CENTRAL AVENUE,

SUITE 900 DATE: 12/02/24] JACKRABBIT TRAIL
PHOENIX, AZ 85004 : McDOWELL ROAD TO
PHONE: 602-263-1177 DSN: _JB c

602-263-1177 DRN: JB OSBORN ROAD
SHEET 1 OF 2 a)

www.ardurra.com CHK: TR

EXHIBIT B

TO
GENERAL WARRANTY DEED

[Boundary Map/Depiction]

WEST QUARTER-CORNER FX XHIBIT B )
SEC. 33, T2N, R2W
FND 3” MCDOT BCHH

|
—— i | APN 502-67—013
x | $89°33'36’E 4 NEW TESTAMENT CHRISTIAN
m | 30.00’ CHURCHES OF AMERICA
| } INST. 2024—0156933, MCR
— ©
\ \
Caosas
_ — 40.00’
a8 | PROPOSED R/W N
| Ws el 40’ po
2° APN 502—67-031G
| Gos R/W THOMAS M MCMAHON
| few REVOCABLE LIVING TRUST
| Bo INST. 2023-0179701, MCR
Begl
oO
| z Z2a!8 Ne
| 5 [S04 329.37"
NO‘09’55"E_-
| 329.37 APN 502—67—007G
| Lo MELVIN FAMILY REVOCABLE SCALE:
| N89°33 06 W LIVING TRUST/ETAL 1"=80
| 30.00° INST. 2018-0739263, MCR SW a

| |

W. MCDOWELL RD <x

SW CORNER SEC. 33, T2N, R2W
FND 3” MCDOT BCHH

NA

602-263-1177
Ne www.ardurra.com

ARDURRA

APN 502-67-031G
LEGAL DESCRIPTION
PROPOSED RIGHT-OF-WAY
1001 N. CENTRAL AVENUE,

SUI

TE 900 DATE: 12/02/24) JACKRABBIT TRAIL
PHOENIX, AZ 85004 - bo OAD T
PHONE: 602-263-1177 DSN: __JB__| McDOWELL ROAD TO

DRN: JB OSBORN ROAD
CHK. TR SHEET 2 OF 2 SD)

Exhibit *2*
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, Thomas McMahon,
Trusted of the Thomas M. McMahon Revocable Living Trust, dated April 3, 2023, and any
amendments thereto (“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). 502-67-031G, 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: Thomas McMahon, Trustee of The
Thomas M. McMahon Revocable Living Trust, dated
April 3, 2023, and any amendments thereto

By:

Print Name: Thomas McMahon

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

(— EXHIBIT A \

A PORTION OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 2
WEST, GILA AND SALT RIVER MERIDIAN, ALSO DESCRIBED AS FOLLOWS:

COMMENCING AT A FOUND BRASS CAP IN HANDHOLE AT THE SOUTHWEST CORNER OF SAID
SECTION 33, FROM WHICH A FOUND BRASS CAP IN HANDHOLE AT THE WEST
QUARTER-—CORNER OF SAID SECTION 33 BEARS NORTH 0 DEGREES 09 MINUTES 55 SECONDS
EAST, 2634.90 FEET;

THENCE ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER, NORTH O DEGREES 09
MINUTES 55 SECONDS EAST, 1161.75 FEET;

THENCE SOUTH 89 DEGREES 50 MINUTES 05 SECONDS EAST, 70.00 FEET TO THE POINT OF
BEGINNING;

THENCE NORTH O DEGREES 09 MINUTES 55 SECONDS EAST, 155.37 FEET TO A POINT ON
THE NORTH LINE OF THAT PARCEL DESCRIBED IN INSTRUMENT NO. 2023-—0179701, MARICOPA
COUNTY RECORDS;

THENCE ALONG SAID NORTH PARCEL LINE, SOUTH 89 DEGREES 32 MINUTES 11 SECONDS
EAST, 6.00 FEET;

THENCE SOUTH 0 DEGREES 09 MINUTES 55 SECONDS WEST, 155.32 FEET;

THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 6.00 FEET TO THE POINT OF
BEGINNING.

THE ABOVE DESCRIBED PARCEL CONTAINS 932 SF (0.0214 AC) OF LAND, MORE OR LESS.

S
4 Sioned Ww
Sion, ved

APN 502-67-031G
LEGAL DESCRIPTION
PROPOSED
TEMPORARY CONSTRUCTION EASEMENT

1001 N. CENTRAL AVENUE,

Sone 200 DATE: 02/04/25} = JACKRABBIT TRAIL
PHOENIX, AZ 85004
. DSN: JB McDOWELL ROAD TO
PHONE: 602-263-1177
602-263-1177 DRN: JB OSBORN ROAD
\ www.ardurra.com cH TR SHEET 1 OF 2 /

Exhibit B
to
Temporary Construction Easement

Boundary Map/Depiction

(— WEST QUARTER-CORNER F}XHIBIT B >
SEC. 33, T2N, R2W
FND 3” MCDOT BCHH

APN 502—67-013
$89°32'11"E NEW TESTAMENT CHRISTIAN
6.00° CHURCHES OF AMERICA

INST. 2024—0156933, MCR

155.37’

io
e
=
tif[--——PROPOSED TCE N
sgl 40) 8 S0'09°55"W APN 502—67-0316
WeZz(R/W, g , THOMAS M MCMAHON
2% ¢ 155.32
as ae S REVOCABLE LIVING TRUST
Ni INST. 2023-0179701, MCR
<0 7
BBO | N90°00'00"W 6.00"
23D | \~sg9°50'05"E 70.00’
ZOoaglin
Zz2\i2 |
©
= APN 502-67—007G
MELVIN FAMILY REVOCABLE SCALE:
LIVING TRUST/ETAL V'=80
| INST. 2018-0739263, MCR SW et
|
]

!

W. MCDOWELL RD

POC
SW CORNER SEC. 33, T2N, R2W
FND 3” MCDOT BCHH

APN 502-67-031G
LEGAL DESCRIPTION
PROPOSED
TEMPORARY CONSTRUCTION EASEMENT

1001 N. CENTRAL AVENUE,

SUITE 900 DATE: 02/04/25] 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 /)