Res No 34-26 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. 34-26 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF BUCKEYE, ARIZONA, ORDERING THE WORK AS DESCRIBED IN RESOLUTION NO. 33-26; ORDERING THE FORMATION OF CITY OF BUCKEYE MAINTENANCE IMPROVEMENT DISTRICT NO. MID-2026-001 AND ORDERING THE RECORDING AND FILING OF THIS RESOLUTION. WHEREAS, on April 7, 2026, the Mayor and Council of the City of Buckeye, Arizona (the “City”) passed and adopted Resolution No. 33-26 (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-2026-001 (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 prosed 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. BE IT RESOLVED by the Mayor and Council of the City of Buckeye, Arizona, as follows: 2 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-2026-001 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 provide in A.R.S. § 48-574, all statues 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. PASSED AND ADOPTED by the Mayor and Council of the City of Buckeye, Arizona, this 7th day of April, 2026. 3 ___________________________________ 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 Ordinance No. 34-26 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 4 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. 5 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 504-41-006L VILLA BONITA VISTA LLC (EXCEPTION PARCEL) 6 EXHIBIT C Boundary Map (consisting of 2 pages) APACHE ROAD BROADWAY ROAD 239TH AVENUE (ALIGNMENT) ROESER ROAD EXHIBIT "C" 1"=500' 1 NORTH 250 scale 500 feet 0 1" = 500' 1130 N. Alma School Rd. Ste. 120 Mesa, AZ 85201 T:480.503.2250 | F:480.503.2258 www.epsgroupinc.com of Drawn by: Reviewed by: Sheet Scale: Sheet No: 19-1227.4 VISTA BONITA CITY OF BUCKEYE MID EXHIBIT EXHIBIT "C" 2 TJP RAJ CITY OF BUCKEYE MAINTENANCE IMPROVEMENT DISTRICT MID-2026-001 VISTA BONITA - BOUNDARY MAP TOTAL LAND AREA: 2,468,328 Square Feet 56.6650± Acres, more or less LINE TABLE EXHIBIT "C" NTS 2 1130 N. Alma School Rd. Ste. 120 Mesa, AZ 85201 T:480.503.2250 | F:480.503.2258 www.epsgroupinc.com of Drawn by: Reviewed by: Sheet Scale: Sheet No: 19-1227.4 VISTA BONITA CITY OF BUCKEYE MID EXHIBIT EXHIBIT "C" 2 TJP RAJ CITY OF BUCKEYE MAINTENANCE IMPROVEMENT DISTRICT MID-2026-001 VISTA BONITA - BOUNDARY MAP