Res No 64-26 MID 2026-003 Festival Foothills Intent Formation.pdf
Extracted text (via pymupdf)
20254 characters
1 WHEN RECORDED, RETURN TO: City of Buckeye ATTN: City Clerk, Lucinda J. Aja 530 East Monroe Avenue Buckeye, Arizona 85326 RESOLUTION NO. 64-26 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-2026-003”; 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-2026-003 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- 2026-003, 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-2026-003”. 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. 64-26 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 3 pages) EXHIBIT A BOUNDARY MAP FOR THE CITY OF BUCKEYE MAINTENANCE IMPROVEMENT DISTRICT MID-2026-003, FESTIVAL FOOTHILLS PARCEL 33 LEGAL DESCRIPTION A PORTION OF LAND IN SECTION 22, TOWNSHIP 4 NORTH, RANGE 4 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, CITY OF BUCKEYE, MARICOPA COUNTY, ARIZONA, AS DESCRIBED AS PARCEL 33 IN BOOK 1887, PAGE 46 OF MAPS, AND RECORDED AS DOCUMENT 2025-0641443, MARICOPA COUNTY CLERK AND RECORDER, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF PARCEL 33 IN SAID BOOK AND PAGE, THENCE TRAVERSING THE EXTERIOR BOUNDARY OF SAID PARCEL THE FOLLOWING 38 COURSES; THENCE SOUTH 0°51'01” WEST, 379.13 FEET; THENCE SOUTH 12°53'08" WEST, 243.57' TO THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT, CONCAVE SOUTHERLY, HAVING A RADIUS BEARING SOUTH 12°53'08” WEST 1865.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, 131.08 FEET THROUGH A CENTRAL ANGLE OF 4°01'37”; THENCE SOUTH 73°05'14” EAST, 304.34 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT, CONCAVE NORTHERLY, HAVING A RADIUS BEARING NORTH 16°54'46” EAST 1855.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, 534.95 FEET THROUGH A CENTRAL ANGLE OF 16°31'23”; THENCE SOUTH 89°36'38” EAST, 168.97 FEET; THENCE SOUTH 0°23'23” WEST, 130.00 FEET; THENCE NORTH 89°36'38” WEST, 168.97 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT, CONCAVE NORTHERLY, HAVING A RADIUS BEARING NORTH 00°23'22” EAST 1985.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, 572.44 FEET THROUGH A CENTRAL ANGLE OF 16°31'23”; THENCE NORTH 73°05'14” WEST, 304.34 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT, CONCAVE SOUTHERLY, HAVING A RADIUS BEARING SOUTH 16°54'46” WEST 1735.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, 664.20 FEET THROUGH A CENTRAL ANGLE OF 21°56'04”; EXHIBIT A BOUNDARY MAP FOR THE CITY OF BUCKEYE MAINTENANCE IMPROVEMENT DISTRICT MID-2026-003, FESTIVAL FOOTHILLS PARCEL 33 THENCE SOUTH 38°36'58" WEST, 48.82 FEET; THENCE SOUTH 82°49'54" WEST, 60.00 FEET; THENCE NORTH 52°57'09" WEST, 48.82 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT, CONCAVE SOUTHERLY, HAVING A RADIUS BEARING SOUTH 9°18'53" EAST 1735.00 FEET; THENCE WESTERLY ALONG SAID ARC OF CURVE, 301.06 FEET THROUGH A CENTRAL ANGLE OF 9°56'32"; THENCE SOUTH 70°44'35" WEST, 300.48 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT, CONCAVE NORTHERLY, HAVING A RADIUS BEARING NORTH 19°15'25" WEST 1865.00 FEET; THENCE WESTERLY ALONG SAID ARC OF CURVE, 422.67 FEET THROUGH A CENTRAL ANGLE OF 12°59'07"; THENCE SOUTH 39°59'44" WEST, 50.12 FEET; THENCE SOUTH 85°43'31" WEST, 60.00 FEET; THENCE NORTH 48°32'43" WEST, 50.12 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT, CONCAVE NORTHERLY, HAVING A RADIUS BEARING NORTH 2°16'40" WEST 1865.00 FEET; THENCE WESTERLY ALONG SAID ARC OF CURVE 101.82 FEET THROUGH A CENTRAL ANGLE OF 3°07'41"; THENCE NORTH 89°08'59" WEST, 300.00 FEET TO A BEGINNING OF A TANGENT CURVE TO THE LEFT, CONCAVE SOUTHERLY, HAVING A RADIUS BEARING SOUTH 0°51'01" WEST 1735.00 FEET; THENCE WESTERLY ALONG SAID ARC OF CURVE, 24.04' FEET THROUGH A CENTRAL ANGLE OF 0°47'39"; THENCE NORTH 0°03'22" EAST, 130.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT, CONCAVE SOUTHERLY, HAVING A RADIUS BEARING SOUTH 0°03'22" WEST 1865.00 FEET; THENCE WESTERLY ALONG SAID ARC OF CURVE 57.56 FEET THROUGH A CENTRAL ANGLE OF 1°46'06"; THENCE NORTH 1°42'44" WEST, 135.50 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT, CONCAVE SOUTHERLY, HAVING A RADIUS BEARING SOUTH 1°35'20" EAST 2000.05 FEET; THENCE EASTERLY ALONG SAID ARC OF CURVE 4.30 FEET THROUGH A CENTRAL ANGLE OF 0°07'23"; THENCE NORTH 1°35'20" WEST, 44.00 FEET; EXHIBIT A BOUNDARY MAP FOR THE CITY OF BUCKEYE MAINTENANCE IMPROVEMENT DISTRICT MID-2026-003, FESTIVAL FOOTHILLS PARCEL 33 THENCE NORTH 44°44'09" EAST, 21.62 FEET; THENCE NORTH 0°51'01" EAST, 200.77 FEET; THENCE NORTH 44°08'59" WEST, 21.21 FEET; THENCE NORTH 0°51'01" EAST, 44.00 FEET; THENCE NORTH 45°51'01" EAST, 21.21 FEET; THENCE NORTH 0°51'01" EAST, 122.39 FEET; THENCE SOUTH 89°08'59" EAST, 164.00 FEET; THENCE NORTH 0°51'01" EAST, 308.47 FEET; THENCE SOUTH 89°07'53" EAST, 402.88 FEET. THENCE SOUTH 89°09'38" EAST, 1764.58 FEET TO THE POINT OF BEGINNING. CONTAINING 2,111,363.20 SQUARE FEET OR 48.47 ACRES, MORE OR LESS. SUBJECT TO ANY RIGHTS OF WAY OR ENCUMBRANCES OF RECORD. LEGAL DESCRIPTION AND EXHIBIT ATTACHED HEREIN ARE ILLUSTRATIONS FOR THE CITY OF BUCKEYE MAINTENANCE IMPROVEMENT DISTRICT AND SHALL NOT BE USED IN ANY FEE CONVEYANCE. 6 EXHIBIT B Assessor’s Parcel Number and Owner’s Name (consisting of 3 pages) EXHIBIT B BOUNDARY MAP FOR THE CITY OF BUCKEYE MAINTENANCE IMPROVEMENT DISTRICT MID-2026-003, FESTIVAL FOOTHILLS PARCEL 33 APN Owner 503-49-265 Pulte Home Company LLC 503-49-266 Pulte Home Company LLC 503-49-267 Pulte Home Company LLC 503-49-268 Pulte Home Company LLC 503-49-269 Pulte Home Company LLC 503-49-270 Pulte Home Company LLC 503-49-271 Pulte Home Company LLC 503-49-272 Pulte Home Company LLC 503-49-273 Pulte Home Company LLC 503-49-274 Pulte Home Company LLC 503-49-275 Pulte Home Company LLC 503-49-276 Pulte Home Company LLC 503-49-277 Pulte Home Company LLC 503-49-278 Pulte Home Company LLC 503-49-279 Pulte Home Company LLC 503-49-280 Pulte Home Company LLC 503-49-281 Pulte Home Company LLC 503-49-282 Pulte Home Company LLC 503-49-283 Pulte Home Company LLC 503-49-284 Pulte Home Company LLC 503-49-285 Pulte Home Company LLC 503-49-286 Pulte Home Company LLC 503-49-287 Pulte Home Company LLC 503-49-288 Pulte Home Company LLC 503-49-289 Pulte Home Company LLC 503-49-290 Pulte Home Company LLC 503-49-291 Pulte Home Company LLC 503-49-292 Pulte Home Company LLC 503-49-293 Pulte Home Company LLC 503-49-294 Pulte Home Company LLC 503-49-295 Pulte Home Company LLC 503-49-296 Pulte Home Company LLC 503-49-297 Pulte Home Company LLC 503-49-298 Pulte Home Company LLC 503-49-299 Pulte Home Company LLC 503-49-300 Pulte Home Company LLC 503-49-301 Pulte Home Company LLC 503-49-302 Pulte Home Company LLC 503-49-303 Pulte Home Company LLC 503-49-304 Pulte Home Company LLC 503-49-305 Pulte Home Company LLC 503-49-306 Pulte Home Company LLC 503-49-307 Pulte Home Company LLC 503-49-308 Pulte Home Company LLC 503-49-309 Pulte Home Company LLC 503-49-310 Pulte Home Company LLC 503-49-311 Pulte Home Company LLC 503-49-312 Pulte Home Company LLC 503-49-313 Pulte Home Company LLC 503-49-314 Pulte Home Company LLC 503-49-315 Pulte Home Company LLC EXHIBIT B BOUNDARY MAP FOR THE CITY OF BUCKEYE MAINTENANCE IMPROVEMENT DISTRICT MID-2026-003, FESTIVAL FOOTHILLS PARCEL 33 503-49-316 Pulte Home Company LLC 503-49-317 Pulte Home Company LLC 503-49-318 Pulte Home Company LLC 503-49-319 Pulte Home Company LLC 503-49-320 Pulte Home Company LLC 503-49-321 Pulte Home Company LLC 503-49-322 Pulte Home Company LLC 503-49-323 Pulte Home Company LLC 503-49-324 Pulte Home Company LLC 503-49-325 Pulte Home Company LLC 503-49-326 Pulte Home Company LLC 503-49-327 Pulte Home Company LLC 503-49-328 Pulte Home Company LLC 503-49-329 Pulte Home Company LLC 503-49-330 Pulte Home Company LLC 503-49-331 Pulte Home Company LLC 503-49-332 Pulte Home Company LLC 503-49-333 Pulte Home Company LLC 503-49-334 Pulte Home Company LLC 503-49-335 Pulte Home Company LLC 503-49-336 Pulte Home Company LLC 503-49-337 Pulte Home Company LLC 503-49-338 Pulte Home Company LLC 503-49-339 Pulte Home Company LLC 503-49-340 Pulte Home Company LLC 503-49-341 Pulte Home Company LLC 503-49-342 Pulte Home Company LLC 503-49-343 Pulte Home Company LLC 503-49-344 Pulte Home Company LLC 503-49-345 Pulte Home Company LLC 503-49-346 Pulte Home Company LLC 503-49-347 Pulte Home Company LLC 503-49-348 Pulte Home Company LLC 503-49-349 Pulte Home Company LLC 503-49-350 Pulte Home Company LLC 503-49-351 Pulte Home Company LLC 503-49-352 Pulte Home Company LLC 503-49-353 Pulte Home Company LLC 503-49-354 Pulte Home Company LLC 503-49-355 Pulte Home Company LLC 503-49-356 Pulte Home Company LLC 503-49-357 Pulte Home Company LLC 503-49-358 Pulte Home Company LLC 503-49-359 Pulte Home Company LLC 503-49-360 Pulte Home Company LLC 503-49-361 Pulte Home Company LLC 503-49-362 Pulte Home Company LLC 503-49-363 Pulte Home Company LLC 503-49-364 Pulte Home Company LLC 503-49-365 Pulte Home Company LLC 503-49-366 Pulte Home Company LLC 503-49-367 Pulte Home Company LLC EXHIBIT B BOUNDARY MAP FOR THE CITY OF BUCKEYE MAINTENANCE IMPROVEMENT DISTRICT MID-2026-003, FESTIVAL FOOTHILLS PARCEL 33 503-49-368 Pulte Home Company LLC 503-49-369 Pulte Home Company LLC 503-49-370 Pulte Home Company LLC 503-49-371 Pulte Home Company LLC 503-49-372 Pulte Home Company LLC 503-49-373 Pulte Home Company LLC 503-49-374 Pulte Home Company LLC 503-49-375 Pulte Home Company LLC 503-49-376 Pulte Home Company LLC 503-49-377 Pulte Home Company LLC 503-49-378 Pulte Home Company LLC 503-49-379 Pulte Home Company LLC 503-49-380 Pulte Home Company LLC 503-49-381 Pulte Home Company LLC 503-49-382 Pulte Home Company LLC 503-49-383 Pulte Home Company LLC 503-49-384 Pulte Home Company LLC 503-49-385 Pulte Home Company LLC 503-49-386 Pulte Home Company LLC 503-49-387 Pulte Home Company LLC 503-49-388 Pulte Home Company LLC 503-49-389 Pulte Home Company LLC 503-49-390 Pulte Home Company LLC 503-49-391 Pulte Home Company LLC 503-49-392 Pulte Home Company LLC 503-49-393 Pulte Home Company LLC 503-49-394 Pulte Home Company LLC 503-49-395 Pulte Home Company LLC 503-49-396 Pulte Home Company LLC 503-49-397 Pulte Home Company LLC 503-49-398 Pulte Home Company LLC 503-49-399 Pulte Home Company LLC 503-49-400 Pulte Home Company LLC 503-49-401 Pulte Home Company LLC 503-49-402 Pulte Home Company LLC 503-49-403 Pulte Home Company LLC 7 EXHIBIT C Boundary Map (consisting of 3 pages) EXHIBIT C BOUNDARY MAP FOR THE CITY OF BUCKEYE MAINTENANCE IMPROVEMENT DISTRICT MID-2026-003, FESTIVAL FOOTHILLS PARCEL 33 LINE TABLE NO. L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 L14 L15 BEARING S00°51'01"W S12°53'08"W S73°05'14"E S89°36'38"E S00°23'23"W N89°36'38"W N73°05'14"W S38°36'58"W S82°49'54"W N52°57'09"W S70°44'35"W S39°59'44"W S85°43'31"W N48°32'43"W N89°08'59"W LENGTH 379.13' 243.57' 304.34' 168.97' 130.00' 168.97' 304.34' 48.82' 60.00' 48.82' 300.48' 50.12' 60.00' 50.12' 300.00' LINE TABLE NO. L16 L17 L18 L19 L20 L21 L22 L23 L24 L25 L26 L27 L28 BEARING N00°03'22"E N01°42'44"W N01°35'20"W N44°44'09"E N00°51'01"E N44°08'59"W N00°51'01"E N45°51'01"E N00°51'01"E S89°08'59"E N00°51'01"E S89°07'53"E S89°09'38"E LENGTH 130.00' 135.50' 44.00' 21.62' 200.77' 21.21' 44.00' 21.21' 122.39' 164.00' 308.47' 402.88' 1764.58' EXHIBIT C CURVE TABLE NO. C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 DELTA 4°01'37" 16°31'23" 16°31'23" 21°56'04" 9°56'32" 12°59'07" 3°07'41" 0°47'39" 1°46'06" 0°07'23" RADIUS 1865.00' 1855.00' 1985.00' 1735.00' 1735.00' 1865.00' 1865.00' 1735.00' 1865.00' 2000.50' LENGTH 131.08' 534.95' 572.44' 664.20' 301.06' 422.67' 101.82' 24.04' 57.56' 4.30' TANGENT 65.57 269.35 288.22 336.22 150.91 212.25 50.92 12.02 28.78 2.15 RADIUS BEARING S12°53'08"W N16°54'46"E N00°23'22"E S16°54'46"W S09°18'53"E N19°15'25"W N02°16'40"W S00°51'01"W S00°03'22"W S01°35'20"E EXHIBIT C