Res No 61-26 MID 2026-002 Heritage West Intent Formation.pdf
Extracted text (via pymupdf)
11470 characters
1 WHEN RECORDED, RETURN TO: City of Buckeye ATTN: City Clerk, Lucinda J. Aja 530 East Monroe Avenue Buckeye, Arizona 85326 RESOLUTION NO. 61-26 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF BUCKEYE, ARIZONA, ACCEPTING A PETITION, WAIVER, AND CONSENT TO FORMATION OF A MAINTENANCE IMPROVEMENT DISTRICT (MID); DECLARING THE INTENTION TO FORM A MAINTENANCE IMPROVEMENT DISTRICT; DESIGNATING SUCH DISTRICT AS THE “CITY OF BUCKEYE MAINTENANCE IMPROVEMENT DISTRICT NO. MID-2026-002”; AND ORDERING THE RECORDING AND FILING OF THIS RESOLUTION. BE IT RESOLVED by the Mayor and Council of the City of Buckeye, Arizona, as follows: Section 1. Acceptance and Findings. A Petition, Waiver, and Consent of Formation of Maintenance Improvement District No. MID-2026-002 to operate, maintain, repair and improve Parkings, Parkways, Retention Basins and Detention Basins within adjacent to, or that serve the District, and public landscaping, street lights, all headwalls, pumps, piping, canals, washes, ditches, storm drain inlets, scuppers, dry wells, and other adjuncts and appliances related to such Parkings, Parkways, Retention Basins and Detention Basins. To enhance such purposes the Petitioner grants the City of Buckeye (“City”) the public use of all such Parkings, Parkways, Retention Basins and Detention Basins and access thereto across the Petitioner’s property to carry out all District purposes. The Petition is accepted. The Petition purports to be signed by all of the non-public real property owners in the proposed District, exclusive of mortgagees and other lienholders. After verification of such ownership, the Governing Body finds that the Petition was signed by all of the real property owners in the proposed District, exclusive of mortgagees and other lienholders or the owners of any Public Property. Section 2. Definitions. In this Resolution, the following terms shall have the following meanings: “City” shall mean the City of Buckeye, Arizona. “Clerk” shall mean the Clerk of the City, located at 530 East Monroe Avenue, Buckeye, Arizona 85326. “Detention Basin” shall mean a flood control structure that captures and diverts stormwater runoff and typically does not retain a permanent pool of water. “District” shall mean the City of Buckeye Maintenance Improvement District No. MID- 2026-002, as described by the legal description, Assessor’s parcel number, and map in Exhibits A, B and C attached hereto and incorporated by reference herein. “Governing Body” shall mean the Mayor and Council of the City. 2 “Landscaping” shall mean trees, plants, grass, ornamental structures, lighting structures and facilities for watering or otherwise maintaining such landscaping that are now in place or hereafter constructed or acquired for beautification of streets within or adjacent to the District. “Parking” shall mean the landscaped public area lying between a sidewalk and the adjacent street. “Parkway” shall mean a street with landscaped sides and/or a landscaped center median and shall also include ornamentation that enhances the beauty of a street. “Petition” shall mean the Petition, Waiver, and Consent to Form a Maintenance Improvement District by the City of Buckeye, on file in the Clerk’s office. “Public Property” shall mean any lot or parcel belonging to the United States; the state of Arizona (the “State”); any county, city, town, school district or political subdivision; or any institution of the State or county that is physically located within the District, including without limitation any public street, avenue, alley or public easement located within the District hereinafter dedicated to public use. “Retention Basin” shall mean a stormwater control structure that captures and retains stormwater runoff and typically retains a permanent pool of water. “Work” shall mean providing for operation, maintenance, repair and improvement of parkings, parkways, retention basins and detention basins. Section 3. Declaration of Intention to Order Formation of the District. The public interest and convenience require, and it is the intention of the Governing Body to order, the Work through formation of the District pursuant to A.R.S. Title 48, Chapter 4, Article 2. The District’s sole purpose shall be the operation, maintenance, repair and improvement of Parkings, Parkways, Retention Basins and Detention Basins within, adjacent to, or that serve the District, and public landscaping, street lights, all headwalls, pumps, piping, canals, washes, ditches, storm drain inlets, scuppers, dry wells, and other adjuncts and appliances related to such Parkings, Parkways, Retention Basins and Detention Basins. For purposes of this Resolution and of all resolutions, ordinances and notices pertaining hereto, the District shall be known as and is hereby designated as “City of Buckeye Maintenance Improvement District No. MID-2026-002”. Section 4. Statutory Authority; Payment of Incidental Expenses. All proceedings pertaining to the District shall be done under and as authorized by A.R.S. Title 48, Chapter 4, Article 2, and all amendments thereto including, without limitation, A.R.S. §§ 48-616 and -617. All Incidental Expenses shall become the obligation of the District. Section 5. Excluded Property. No Public Property or property owned by a homeowners’ association will be liable to pay any portion of the District’s costs and expenses. Additionally, any public streets, avenues, alleys, or public easements hereafter dedicated to public use shall become exempt after such dedication. Section 6. Protests and Objections to Extent of District. In the Petition, the signer has made written consents and waivers pertaining to the ordering of the Work and to the 3 enlargement of the District and has specifically waived all protests against enlargement of, and objections to, the extent of the District. City staff has verified that all non-public real property owners within the District have signed the Petition, and the Governing Body finds as a fact that all non-public property owners within the District have signed such Petition. Therefore, pursuant to A.R.S. § 48-617(A), no publication, mailing or posting of any notice pertaining to formation of the District will be made. Section 7. Engineer’s Estimate, Plans and Specifications. The District’s sole purpose shall be the operation, maintenance, repair and improvement of Parkings, Parkways, Retention Basins and Detention Basins within, adjacent to, or that serve the District, and public landscaping, street lights, all headwalls, pumps, piping, canals, washes, ditches, storm drain inlets, scuppers, dry wells, and other adjuncts and appliances related to such Parkings, Parkways, Retention Basins and Detention Basins. No engineer’s estimate, plans, or specifications have been filed with the Clerk. In the Petition, all owners of land within the District specifically waived the filing of an engineer’s estimate, plans, or specifications. Section 8. Recordation. A certified copy of this Resolution shall be recorded in the office of the Maricopa County Recorder within ten (10) days of its adoption to give notice of formation of the District, as required by A.R.S. § 48-574(M). Section 9. Extension for Filing. If either the formation of the District occurs after November 1 of the year preceding the year in which initial assessments are to be levied, or the resolution ordering the Work is not filed with both the Arizona Department of Revenue and the Maricopa County Assessor prior to such deadline, the Mayor and Council hereby request, subject to the November 30 deadline for such request as provided in A.R.S. § 42-17257(B), that the Director of the Arizona Department of Revenue extend the deadline prescribed by A.R.S. § 42-17257 to December 20, 2026. PASSED AND ADOPTED by the Mayor and Council of the City of Buckeye, Arizona, this 16th day of June, 2026. ___________________________________ Eric W. Orsborn, Mayor ATTEST: __________________________________ Lucinda J. Aja, City Clerk APPROVED AS TO FORM: __________________________________ Tosca Henry, City Attorney Attachments: Exhibit A – Legal Description Exhibit B – Assessor’s Parcel Number and Owner’s Name Exhibit C – Boundary Map 4 CERTIFICATION I, Lucinda J. Aja, the duly appointed and acting Clerk of the City of Buckeye, Arizona, do hereby certify that the above and foregoing Resolution No. 61-26 was duly passed by the Mayor and Council of the City of Buckeye, Arizona, at a City Council meeting held on June 16, 2026 and the vote was ___ ayes, ___ nays, ___ recused, and were absent and that the Mayor and ___ Council Members were present thereat. DATED: June 16, 2026. __________________________________ Lucinda J. Aja, City Clerk 5 EXHIBIT A Legal Description (consisting of 2 pages) Page 1 of 4 EXHIBIT A CITY OF BUCKEYE – MAINTENANCE IMPROVEMENT DISTRICT MID 2026-002 HERITAGE WEST LOTS LEGAL DESCRIPTION LOCATED WITHIN A PORTION OF THE NORTH HALF OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 3 WEST, OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND MONUMENT IN HANDHOLE, ACCEPTED AS THE NORTHWEST CORNER OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 3 WEST, FROM WHICH A FOUND MONUMENT IN HANDHOLE, ACCEPTED AS THE NORTH QUARTER CORNER OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 3 WEST, THEREOF BEARS N90°00’00”E A DISTANCE OF 2616.36 FEET; THENCE, ALONG THE NORTH LINE OF SAID SECTION 29 N90°00'00"E A DISTANCE OF 1021.81 FEET TO THE POINT OF BEGINNING; THENCE, N90°00’00”E A DISTANCE OF 1594.55 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 29; THENCE, CONTINUING ALONG SAID LINE, N90°00’00”E A DISTANCE OF 2616.40 FEET TO THE NORTHEAST CORNER OF SAID SECTION 29; THENCE, ALONG THE EAST LINE OF SAID SECTION 29 S00°06'26"W A DISTANCE OF 1321.63 FEET; THENCE, N89°55'37"W A DISTANCE OF 2621.37 FEET; THENCE, S00°19'24"W A DISTANCE OF 1318.31 FEET; THENCE, N89°51'15"W A DISTANCE OF 2628.98 FEET TO THE WEST LINE OF SAID SECTION 29; THENCE, ALONG THE WEST LINE OF SAID SECTION 29 N00°35'56"E A DISTANCE OF 1713.97 FEET; THENCE, LEAVING THE WEST LINE OF SAID SECTION 29 N89°59'50"E A DISTANCE OF 1021.75 FEET; THENCE, N00°36'09"E A DISTANCE OF 916.00 FEET TO THE POINT OF BEGINNING. EXHIBIT A CITY OF BUCKEYE – MAINTENANCE IMPROVEMENT DISTRICT MID 2026-002 HERITAGE WEST LEGAL DESCRIPTION Page 2 of 4 THE ABOVE DESCRIBED PARCEL CONTAINS A COMPUTED AREA OF 9,427,018 SQUARE FEET OR 216.41 ACRES, MORE OR LESS AND IS SUBJECT TO ANY EASEMENTS, RESTRICTIONS, OR RIGHTS OF WAY OF RECORD OR OTHERWISE. THE DESCRIPTION SHOWN HEREON IS NOT TO BE USED TO VIOLATE ANY SUBDIVISION REGULATIONS OF THE STATE, COUNTY AND/OR MUNICIPALITY OR ANY OTHER LAND DIVISION RESTRICTIONS. PREPARED BY: ATWELL, LLC 645 E. MISSOURI AVE., STE. 420 PHOENIX, ARIZONA 85212 PROJECT NO. 21000619 DATE APRIL 27TH, 2026 SPRING JAMES G. 22282 04-27-2026 6 EXHIBIT B Assessor’s Parcel Number and Owner’s Name (consisting of 1 page) SPRING JAMES G. 22282 04-27-2026 7 EXHIBIT C Boundary Map (consisting of 1 page) SPRING JAMES G. 22282 04-27-2026