Res No 60-26 MID 2026-002 Heritage West Formation.pdf
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1 WHEN RECORDED, RETURN TO: City of Buckeye ATTN: City Clerk, Lucinda J. Aja 530 East Monroe Avenue Buckeye, Arizona 85326 RESOLUTION NO. 60-26 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF BUCKEYE, ARIZONA, ORDERING THE WORK AS DESCRIBED IN RESOLUTION NO. 61- 26; ORDERING THE FORMATION OF CITY OF BUCKEYE MAINTENANCE IMPROVEMENT DISTRICT NO. MID-2026-002 AND ORDERING THE RECORDING AND FILING OF THIS RESOLUTION. WHEREAS, on June 16, 2026, the Mayor and Council of the City of Buckeye, Arizona (the “City”) passed and adopted Resolution No. 61-26 (the Resolution of Intention”), which Resolution of Intention declared the Mayor and Council’s intention to form the City of Buckeye Maintenance Improvement District No. MID-2026-002 (the “District”), solely for the 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 (collectively, the “Work”); and WHEREAS, a legal description, Assessor’s parcel number(s) and a map of the proposed District boundaries are attached hereto as Exhibits A, B, and C and incorporated by reference herein; and WHEREAS, prior to adoption of the Resolution of Intention, a petition (the “Petition”) for the formation of the District was presented to this Mayor and Council, which Petition purported to be signed by all of the non-public real property owners in the proposed District, exclusive of mortgagees and other lien holders; and WHEREAS, the Mayor and Council accepted the Petition and found that the Petition was signed by all such owners and have verified such finding of such fact; and WHEREAS, in the Petition the signer waived all protests against the proposed Work, all objections to the extent of the District, and all publication, posting and mailing of the Resolution of Intention and this Resolution; and WHEREAS, pursuant to A.R.S. §§ 48-574 and -579, the Mayor and Council hereby find and determine that they have jurisdiction to order the Work of 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, and by this Resolution order the formation of the District described in the Resolution of Intention. 2 BE IT RESOLVED by the Mayor and Council of the City of Buckeye, Arizona, as follows: Section 1. Ordering the Work and District Formation. All protests against the Work or the formation of the District and all objections to the extent of the District being waived by the owners of all non-public real property within the District, exclusive of mortgagees and lienholders, the Work as described in the Resolution of Intention is hereby ordered and the formation of the City of Buckeye Maintenance Improvement District No. MID-2026-002 is hereby ordered. The legal description, Assessor’s parcel number(s) and boundary map of the District are set forth in Exhibits A, B, and C. Section 2. Excluded Property. No publicly owned land or property owned by a homeowners’ association will be liable to pay any portion of the District’s costs and expenses. This exclusion shall apply to all public streets, avenues, alleys, or public easements within the District that may hereafter be dedicated to public use. Section 3. Annual Tax or Annual Assessment. Subject to the restrictions of Section 2 of this Resolution, the City shall annually, commencing in tax year 2026 and for the City’s 2026- 2027 fiscal year, make annual statements and estimates of the expenses of the District, if any, and shall submit the same to the Board of Supervisors of Maricopa County for the levy and collection of ad valorem taxes upon the assessed value of all taxable property, real and person, in the District or by equal apportionment of taxes based on the number and classification of properties within the District, and shall publish notice of the statements and estimates, hold hearings on them and adopt them at the times and in the manner proved for an incorporated City’s statements and estimates by applicable portions of Title 42, Chapter 17, Article 3, Arizona Revised Statues, and shall annually set, fix and cause to be levied and assessed the amount to be raised by ad valorem taxes upon all of the taxable property of the District and shall cause to be collected, as County taxes are collected, the amounts shown by the statements and estimates so adopted by the Mayor and Council. As provided in A.R.S. § 48-574, all statutes providing for the levy and collection of general county taxes, including collection of delinquent taxes and sale of property for nonpayment of taxes, are applicable to the District taxes as provided to be levied by this section. Section 4. Recording and Filing. The City Clerk is ordered and directed to cause a certified copy of this Resolution to be recorded in the office of the Maricopa County Recorder within ten (10) days of the adoption of this Resolution. The City Clerk is further ordered and directed to file certified copies of this Resolution with the Arizona Department of Revenue (the “Department”) and the Maricopa County Assessor, as required by A.R.S. § 42-17257, together with all other information prescribed by the Director of the Department relating to the boundaries of newly created taxing jurisdictions. Section 5. 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. 3 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 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. 60-26 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 ___ aye's, ___ nay's, ___ 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