SLID 2019-002 Petition and Exhibits Westpark 2.2 7S, 8, 19, 20N Expansion.pdf
Extracted text (via pymupdf)
16705 characters
SLID Expansion -- 2019-002
When Recorded, Return to:
City of Buckeye
ATTN: City Clerk, Lucinda J. Aja
530 East Monroe Avenue
Buckeye, Arizona 85326
PETITION, WAIVER AND CONSENT TO INCLUSION OF ADDITIONAL LAND
WITHIN AN EXISTING STREET LIGHTING IMPROVEMENT DISTRICT
BY THE CITY OF BUCKEYE
WESTPARK Phase II P-7S,8,19 & 20N
ANNEXATION TO SLID-2019-002
To:
Honorable Mayor and Councilmembers City of Buckeye, Arizona
Pursuant to Arizona Revised Statutes ("A.R.S.") Title 48, Chapter 4, Article 2 (the
"Improvement District Law"), the undersigned property owner (the "Petitioner") respectfully
petitions the City Council of the City of Buckeye, Arizona ("City Council") to order the
enlargement of the existing City of Buckeye Street Lighting Improvement District No. SLID-2019-
002 (the "District") under the Improvement District Law. In support of this Petition, Waiver and
Consent to Inclusion of Additional Land within an Existing Street Lighting Improvement District
by the City of Buckeye (this "Petition"), the Petitioner agrees to waive certain rights under the
Improvement District Law and hereby consents to the annexation and inclusion of the land shown
on Exhibits A, B, and C to be annexed into the District.
1.
Area to be Added to District. The property comprising the proposed addition to the
existing District is described by a legal description, Assessor's parcel number and a map or plat of
the area, all as set forth in Exhibits A, B, and C, attached hereto and incorporated herein by this
reference. The proposed enlarged District consists of an aggregate of 91.98 acres (4006849 square
feet) and is entirely within the corporate boundaries of the City of Buckeye, Arizona (the "City").
The Petitioner respectfully requests that the land described and depicted on Exhibits A, B, and C
be annexed into and become included within the District. The Assessor’s parcel number set forth
in Exhibit B is for convenience only. Should either the legal description set forth in Exhibit A or
Assessor's parcel number set forth in Exhibit B conflict with Exhibit C, Exhibit C shall govern.
2.
Authority. The Petitioner is the sole owner of all non-public real property within
the area proposed to be annexed to the District.
3.
Purpose. The District was formed solely for the purchase of energy for lighting the
streets and public parks within and adjacent to the District.
4.
Public Convenience and Necessity. The necessity for the enlargement of the
District is the purchase of energy for lighting the streets and public parks within the proposed
SLID Expansion -- 2019-002
enlarged District by the levying of an annual ad valorem tax or by an equal apportionment of taxes
upon all of the non-public real property of the District as provided in A.R.S. § 48-616(C).
5.
Payment of Costs by Petitioner. The Petitioner agrees to pay the costs and expenses
of operation, repair and energy for street lighting within and surrounding the proposed addition to
the District that operate prior to July 1, 2027, because the District will not be able to levy taxes for
such expenses of the area added to the District prior to the City's fiscal year 2027/2028. Tax
collections of taxes levied on the addition to be annexed to the District will not be posted to the
City until on or about July 1, 2027, and the City does not expect to receive taxes from the property
described and depicted in Exhibits A, B, and C before November 1, 2027.
6.
Reimbursement. The Petitioner agrees to reimburse the City for all reasonable legal
and engineering fees and costs incurred by the City with respect to the enlargement of the District.
7.
Expansion of or Annexation to the District. The Petitioner waives any objections
to, or protest against, future enlargement or enlargements of the District and also waives all notices
of such enlargement or enlargements, whether required to be published, posted, or mailed with
respect to the later enlargement of the District's boundaries; the Petitioner further waives any
objection to, or protest against, the consolidation of the District with any other similar district or
districts.
8.
Waiver and Consent. The Petitioner, with full knowledge of its rights being waived
hereunder, hereby expressly waives:
a)
The right to challenge or object to any and all irregularities, illegalities or
deficiencies which may exist in the acts or proceedings that resulted in or will result in the
adoption of the Resolution of Intention, the Resolution Forming the District, and the
Resolution(s) Enlarging the District, or any Notices pertaining thereto;
b)
Any necessity for publication, posting, or mailing of the Resolution(s) Enlarging
the District, Notices of Proposed Improvements, or Notices described in A.R.S. §§ 48-
574(J) and 48-616(M);
c)
All protest rights whatsoever under A.R.S. §§ 48-579(A)-(B) and 48-616(M),
which provide for protests against the work or objections to the extent of the enlargement
of the District; and
d)
Any necessity for any notice or hearing with respect to land owned by
the Petitioner now within the District or within the property comprising the proposed
addition to the District.
9.
Fees. The Petitioner has paid, or will pay, any and all District application fees.
SLID Expansion -- 2019-002
10.
Equal Apportionment. The Petitioner hereby petitions the City Council to equally
apportion the District's annual taxes based on the number and classifications of properties within
the proposed enlarged District pursuant to A.R.S. § 48-616(J).
11.
Waiver. This Petition shall also be deemed to be a petition of more than one-half
(1/2) of the taxable property units and more than one-half (1/2) of the assessed valuation within
the proposed addition to the District and as such shall also be deemed to be a waiver of any and
all requirements to file a petition under A.R.S. § 48-576, as amended.
12.
Public Benefit. The purchase of energy to operate street lighting improvements
within the area to be annexed is of more than local or ordinary public benefit.
13.
Successors and Assigns. To the extent permitted by law, this Petition shall be
binding on all successors or assigns of the Petitioner who hereafter own or have an interest in the
property described and depicted in Exhibits A, B, and C.
14.
Authority to Sign Petition. The individual signing this Petition represents and
warrants to the City that he is duly authorized to (i) sign the Petition to form or enlarge the District,
as applicable; (ii) bind the Petitioner to the matters set forth in this Petition; and (iii) agree to hold
the City harmless for, from and against any claims in connection with the formation or enlargement
of the District.
15.
Recordation. This Petition may be recorded in the office of the Maricopa County
Recorder and in the office of the Superintendent of Streets of the City.
PROPERTY: See attached Exhibits A, B, and C
[Remainder of Page Intentionally Left Blank]
[Signature Pages Follows]
RECEIPT this
day of
, 20
,
of the foregoing Petition is hereby acknowledged
by the City Clerk of the City of Buckeye, Arizona,
who will deliver said Petition to the City Council
for action.
Lucinda J. Aja, City Clerk
Page 1 of 37
EXHIBIT "A"
WESTPARK PHASE II
PARCELS 7S, 8, 19 AND 20N
SLID-2019-002 EXPANSION
DOC. NO. 2020-0779129, MCR
CITY OF BUCKEYE, ARIZONA
LOCATED WITHIN A PORTION OF THE SOUTH HALF OF SECTION 13 AND NORTH HALF OF SECTION 24,
TOWNSHIP 1 NORTH, RANGE 4 WEST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA
COUNTY, ARIZONA.
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND STONE IN HANDHOLE ACCEPTED AS THE SOUTH QUARTER CORNER OF
SECTION 24, TOWNSHIP 1 NORTH, RANGE 4 WEST, FROM WHICH A FOUND MONUMENT IN HANDHOLE,
ACCEPTED AS THE SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 1 NORTH, RANGE 4 WEST, THEREOF
BEARS S89°39'26"E A DISTANCE OF 2670.94 FEET;
THENCE, ALONG THE SOUTH LINE OF SAID SECTION 24, S89°39’26”E, A DISTANCE OF 370.26 FEET;
THENCE, LEAVING THE SOUTH LINE OF SAID SECTION 24, N00°00'00"E A DISTANCE OF 3390.34 FEET
TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE RIGHT ALSO BEING THE
POINT OF BEGINNING;
THENCE, WESTERLY ALONG SAID CURVE AN ARC LENGTH OF 165.61 FEET, WITH A RADIUS OF 540.00 FEET
AND THE RADIAL BEARING OF N01°22'17"E AND A CENTRAL ANGLE OF 17°34'18" TO THE BEGINNING OF A
COMPOUND CURVE CONCAVE TO THE RIGHT;
THENCE, NORTHWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 205.95 FEET, WITH A RADIUS OF 780.00
FEET AND A CENTRAL ANGLE OF 15°07'42" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE LEFT;
THENCE, WESTERLY ALONG SAID CURVE AN ARC LENGTH OF 220.87 FEET, WITH A RADIUS OF 200.00 FEET
AND A CENTRAL ANGLE OF 63°16'33" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE RIGHT;
THENCE, WESTERLY ALONG SAID CURVE AN ARC LENGTH OF 192.46 FEET, WITH A RADIUS OF 570.00 FEET
AND A CENTRAL ANGLE OF 19°20'45";
THENCE, S80°08'28"W A DISTANCE OF 143.14 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO
THE LEFT;
THENCE, WESTERLY ALONG SAID CURVE AN ARC LENGTH OF 134.68 FEET, WITH A RADIUS OF 570.00 FEET
AND A CENTRAL ANGLE OF 13°32'16";
Page 2 of 37
THENCE, S66°36'13"W A DISTANCE OF 444.39 FEET;
THENCE, N23°23'47"W A DISTANCE OF 110.00 FEET;
THENCE, N66°36'13"E A DISTANCE OF 38.98 FEET;
THENCE, N23°23'47"W A DISTANCE OF 691.00 FEET;
THENCE, N21°22'55"W A DISTANCE OF 30.38 FEET;
THENCE, N00°01'42"W A DISTANCE OF 1328.31 FEET;
THENCE, N00°35'43"E A DISTANCE OF 12.82 FEET;
THENCE, S89°13'42"E A DISTANCE OF 605.00 FEET;
THENCE, S87°35'36"E A DISTANCE OF 51.89 FEET;
THENCE, S86°02'34"E A DISTANCE OF 159.00 FEET;
THENCE, N03°57'26"E A DISTANCE OF 115.00 FEET;
THENCE, S86°02'34"E A DISTANCE OF 100.16 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO
THE RIGHT;
THENCE, EASTERLY ALONG SAID CURVE AN ARC LENGTH OF 35.45 FEET, WITH A RADIUS OF 180.00 FEET AND
A CENTRAL ANGLE OF 11°17'08";
THENCE ALONG A LINE NON-TANGENT TO SAID CURVE, S19°47'06"E, A DISTANCE OF 31.47 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE LEFT;
THENCE, SOUTHWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 22.25 FEET, WITH A RADIUS OF 760.00
FEET AND THE RADIAL BEARING OF S59°44'14"E AND A CENTRAL ANGLE OF 01°40'38";
THENCE ALONG A LINE NON-TANGENT TO SAID CURVE, S61°24'52"E, A DISTANCE OF 40.00 FEET;
THENCE, S19°32'06"E A DISTANCE OF 23.10 FEET;
THENCE, S66°39'39"E A DISTANCE OF 80.96 FEET;
THENCE, N70°04'54"E A DISTANCE OF 32.02 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
TO THE RIGHT;
Page 3 of 37
THENCE, NORTHEASTERLY ALONG SAID CURVE AN ARC LENGTH OF 809.56 FEET, WITH A RADIUS OF 740.00
FEET AND THE RADIAL BEARING OF S62°00'52"E AND A CENTRAL ANGLE OF 62°40'53";
THENCE, S89°19'59"E A DISTANCE OF 517.37 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO
THE RIGHT;
THENCE, EASTERLY ALONG SAID CURVE AN ARC LENGTH OF 101.68 FEET, WITH A RADIUS OF 2040.00 FEET
AND A CENTRAL ANGLE OF 02°51'20";
THENCE, ALONG A LINE NON-TANGENT TO SAID CURVE, S03°31'22"W, A DISTANCE OF 80.00 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE LEFT;
THENCE, WESTERLY ALONG SAID CURVE AN ARC LENGTH OF 10.00 FEET, WITH A RADIUS OF 1960.00 FEET
AND THE RADIAL BEARING OF S03°31'22"W AND A CENTRAL ANGLE OF 00°17'32";
THENCE, ALONG A LINE NON-TANGENT TO SAID CURVE, S46°28'08"W, A DISTANCE OF 27.55 FEET;
THENCE, SOUTH A DISTANCE OF 60.00 FEET;
THENCE, S06°42'35"W A DISTANCE OF 47.17 FEET;
THENCE, EAST A DISTANCE OF 114.51 FEET;
THENCE, SOUTH A DISTANCE OF 53.00 FEET;
THENCE, S04°18'59"W A DISTANCE OF 53.15 FEET;
THENCE, SOUTH A DISTANCE OF 232.60 FEET;
THENCE, S05°48'13"W A DISTANCE OF 149.00 FEET;
THENCE, N84°11'47"W A DISTANCE OF 113.14 FEET TO THE BEGINNING OF A NON-TANGENT CURVE
CONCAVE TO THE LEFT;
THENCE, SOUTHEASTERLY ALONG SAID CURVE AN ARC LENGTH OF 10.56 FEET, WITH A RADIUS OF 20.00 FEET
AND THE RADIAL BEARING OF N70°54'12"E AND A CENTRAL ANGLE OF 30°15'00" TO THE BEGINNING OF A
REVERSE CURVE CONCAVE TO THE RIGHT;
THENCE, SOUTHERLY ALONG SAID CURVE AN ARC LENGTH OF 68.84 FEET, WITH A RADIUS OF 50.00 FEET
AND A CENTRAL ANGLE OF 78°53'08";
THENCE, ALONG A LINE NON-TANGENT TO SAID CURVE, S60°27'39"E, A DISTANCE OF 41.38 FEET;
Page 4 of 37
THENCE, S00°40'01"W A DISTANCE OF 115.88 FEET;
THENCE, S48°06'41"E A DISTANCE OF 18.55 FEET;
THENCE, S23°20'31"E A DISTANCE OF 114.32 FEET;
THENCE, S00°40'01"W A DISTANCE OF 219.70 FEET;
THENCE, S22°39'34"W A DISTANCE OF 136.52 FEET;
THENCE, N67°20'26"W A DISTANCE OF 106.73 FEET;
THENCE, N23°46'36"W A DISTANCE OF 11.44 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
TO THE RIGHT;
THENCE, SOUTHWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 38.34 FEET, WITH A RADIUS OF 50.00
FEET AND THE RADIAL BEARING OF N68°46'36"W AND A CENTRAL ANGLE OF 43°55'45";
THENCE, ALONG A LINE NON-TANGENT TO SAID CURVE, S45°20'11"E, A DISTANCE OF 21.42 FEET;
THENCE, S00°40'01"W A DISTANCE OF 105.00 FEET;
THENCE, N89°19'59"W A DISTANCE OF 122.24 FEET;
THENCE, N32°08'03"W A DISTANCE OF 23.55 FEET;
THENCE, S89°12'26"W A DISTANCE OF 40.06 FEET;
THENCE, S10°42'33"W A DISTANCE OF 32.04 FEET;
THENCE, S79°59'17"W A DISTANCE OF 105.00 FEET;
THENCE, N69°59'58"W A DISTANCE OF 97.36 FEET;
THENCE, N89°19'59"W A DISTANCE OF 640.14 FEET;
THENCE, NORTH A DISTANCE OF 26.82 FEET;
THENCE, WEST A DISTANCE OF 40.00 FEET;
THENCE, S45°00'00"W A DISTANCE OF 9.90 FEET;
Page 5 of 37
THENCE, WEST A DISTANCE OF 96.00 FEET;
THENCE, N45°00'00"W A DISTANCE OF 16.97 FEET;
THENCE, SOUTH A DISTANCE OF 128.82 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE
LEFT;
THENCE, SOUTHERLY ALONG SAID CURVE AN ARC LENGTH OF 347.41 FEET, WITH A RADIUS OF 700.00 FEET
AND A CENTRAL ANGLE OF 28°26'08" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE TO THE LEFT;
THENCE, SOUTHEASTERLY ALONG SAID CURVE AN ARC LENGTH OF 84.07 FEET, WITH A RADIUS OF 80.00 FEET
AND A CENTRAL ANGLE OF 60°12'47" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE RIGHT;
THENCE, SOUTHEASTERLY ALONG SAID CURVE AN ARC LENGTH OF 195.40 FEET, WITH A RADIUS OF 120.00
FEET AND A CENTRAL ANGLE OF 93°17'41" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE LEFT;
THENCE, SOUTHEASTERLY ALONG SAID CURVE AN ARC LENGTH OF 84.07 FEET, WITH A RADIUS OF 80.00 FEET
AND A CENTRAL ANGLE OF 60°12'47" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE TO THE LEFT;
THENCE, SOUTHEASTERLY ALONG SAID CURVE AN ARC LENGTH OF 189.24 FEET, WITH A RADIUS OF 700.00
FEET AND A CENTRAL ANGLE OF 15°29'23" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE TO THE
LEFT;
THENCE, EASTERLY ALONG SAID CURVE AN ARC LENGTH OF 141.07 FEET, WITH A RADIUS OF 460.00 FEET
AND A CENTRAL ANGLE OF 17°34'18";
THENCE, ALONG A LINE NON-TANGENT TO SAID CURVE, S01°22'17"W, A DISTANCE OF 80.00 FEET TO THE
POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS A COMPUTED AREA OF 4,006,849 SQUARE FEET OR 91.98
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
4700 E. SOUTHERN AVENUE
MESA, ARIZONA 85206
PROJECT NO. 21001100
DATE: JANUARY 22ND, 2026
SPRING
JAMES G.
22282
01-22-2026
SPRING
JAMES G.
22282
01-22-2026
SPRING
JAMES G.
22282
01-22-2026
SPRING
JAMES G.
22282
01-22-2026
SPRING
JAMES G.
22282
01-22-2026
SPRING
JAMES G.
22282
01-22-2026
SPRING
JAMES G.
22282
01-22-2026
SPRING
JAMES G.
22282
01-22-2026
SPRING
JAMES G.
22282
01-22-2026
SPRING
JAMES G.
22282
01-22-2026
SPRING
JAMES G.
22282
01-22-2026
SPRING
JAMES G.
22282
01-22-2026
SPRING
JAMES G.
22282
01-22-2026
SPRING
JAMES G.
22282
01-22-2026
SPRING
JAMES G.
22282
01-22-2026
SPRING
JAMES G.
22282
01-22-2026
SPRING
JAMES G.
22282
01-22-2026
SPRING
JAMES G.
22282
01-22-2026
SPRING
JAMES G.
22282
01-22-2026
SPRING
JAMES G.
22282
01-22-2026
SPRING
JAMES G.
22282
01-22-2026
SPRING
JAMES G.
22282
01-22-2026
SPRING
JAMES G.
22282
01-22-2026
SPRING
JAMES G.
22282
01-22-2026
SPRING
JAMES G.
22282
01-22-2026
SPRING
JAMES G.
22282
01-22-2026
SPRING
JAMES G.
22282
01-22-2026
SPRING
JAMES G.
22282
01-22-2026
SPRING
JAMES G.
22282
01-22-2026
SPRING
JAMES G.
22282
01-22-2026
SPRING
JAMES G.
22282
01-22-2026
SPRING
JAMES G.
22282
01-22-2026
SPRING
JAMES G.
22282
01-22-2026