Res No 33-26 MID with Exhibits.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. 33-26 A RESOLUTION OF THE MAYOR AND CITY 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-2026-001”; 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-2026-001 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. “District” shall mean the City of Buckeye Maintenance Improvement District No. MID- 2026-001, 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 City Council of the City. “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. 2 “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. “Detention Basin” shall mean a flood control structure that captures and diverts stormwater runoff and typically does not retain a permanent pool of water. “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. “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-2026-001”. 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 7th day of April, 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 Ordinance No. 33-26 was duly passed by the Mayor and Council of the City of Buckeye, Arizona, at a City Council meeting held on April 7, 2026 and the vote was ___ ayes, ___ nays, ___ recused, and were absent and that the Mayor and ___ Council Members were present thereat. DATED: April 7, 2026. __________________________________ Lucinda J. Aja, City Clerk 5 EXHIBIT A Legal Description (consisting of 2 pages) 6 EXHIBIT B Assessor’s Parcel Number and Owner’s Name (consisting of 1 page) 7 EXHIBIT C Boundary Map (consisting of 2 pages) 5 EXHIBIT A Legal Description (consisting of 2 pages) EPS Group, Inc. • 1130 N. Alma School Rd, Suite 120 • Mesa, AZ 85201 Tel (480) 503-2250 • Fax (480) 503-2258 S:\Projects\2019\19-1227\Legal Survey\Legals\19-1227.4 MID Exhibit Legal Description.docx Exhibit “A” City of Buckeye Maintenance Improvement District MID-2026-001 Vista Bonita MID Exhibit Legal Description Job No. 19-1227.4 January 19, 2026 A portion of the Northwest Quarter of Section 28, Township 1 North, Range 3 West of the Gila and Salt River Meridian, Maricopa County, Arizona; BEGINNING at a found mag nail at the Northwest Corner of said Section 28, from which a brass cap flush at the North Quarter Corner of said Section 28 bears North 89 degrees 41 minutes 00 seconds East, 2649.28 feet therefrom; Thence along the north line of the Northwest Quarter of said Section 28, North 89 degrees 41 minutes 00 seconds East, 1950.13 feet to a point on said north line; Thence, departing said north line South 0 degrees 08 minutes 00 seconds West, 1313.60 feet to a point on the north line of the south 1345.00 feet of the Northwest Quarter of said section 28; Thence along said north line North 89 degrees 51 minutes 27 seconds West, 1941.81 feet to a point on the west line of the Northwest Quarter of said Section 28; Thence along said west line north 0 degrees 13 minutes 54 seconds West, 1298.00 feet to the Northwest Corner of said Section 28 and the POINT OF BEGINNING; EXCEPT the following described parcel of land: A portion of the Northwest Quarter of Section 28, Township 1 North, Range 3 West of the Gila and Salt River Meridian, Maricopa County, Arizona; COMMENCING at a found mag nail at the Northwest Corner of said Section 28, from which a brass cap flush at the North Quarter Corner of said Section 28 bears North 89 degrees 41 minutes 00 seconds East, 2649.28 feet therefrom; EPS Group, Inc. • 1130 N. Alma School Rd, Suite 120 • Mesa, AZ 85201 Tel (480) 503-2250 • Fax (480) 503-2258 S:\Projects\2019\19-1227\Legal Survey\Legals\19-1227.4 MID Exhibit Legal Description.docx Thence along the north line of the Northwest Quarter of said Section 28, North 89 degrees 41 minutes 00 seconds East, 957.00 feet to a point on said north line; Thence, departing said north line South 0 degrees 13 minutes 54 seconds East along the west line of the east 261.00 feet of the west 1218.00 feet of the Northwest Quarter of said section 28, being 957.00 feet east of and parallel with the west line of the Northwest Quarter of said section 28, 80.00 feet to the POINT OF BEGINNING; Thence North 89 degrees 41 minutes 00 seconds East, being 80.00 feet south of and parallel with the north line of the Northwest Quarter of said section 28, 261.00 feet; Thence South 0 degrees 13 minutes 54 seconds East along the east line of the west 1218.00 feet of the Northwest Quarter of said section 28, being 1218.00 feet east of and parallel with the west line of the Northwest Quarter of said section 28, 278.50 feet; Thence South 89 degrees 41 minutes 00 seconds West, being 358.50 feet south of and parallel with the north line of the Northwest Quarter of said section 28, 261.00 feet; Thence North 0 degrees 13 minutes 54 seconds West along the west line of the east 261.00 feet of the west 1218.00 feet of the Northwest Quarter of said section 28, being 957.00 feet east of and parallel with the west line of the Northwest Quarter of said section 28, 278.50 feet to the POINT OF BEGINNING; Said parcel of land containing 2,468,328 square feet, or 56.6650 acres, more or less, and being subject to any easements, restrictions, and/or rights-of-ways of record or otherwise. The description shown hereon is not to be used to violate subdivision regulations of the State, Country and/or Municipality, or any other land division restrictions. 6 EXHIBIT B Assessor’s Parcel Number and Owner’s Name (consisting of 1 page) Exhibit B City of Buckeye Maintenance Improvement District MID-2026-001 Vista Bonita Assessor Parcel Numbers ASSESSOR PARCEL NUMBER OWNER 504-41-724 GMCD VISTA BONITA LP 7 EXHIBIT C Boundary Map (consisting of 2 pages)