MID 2019-005 Petition and exhibits Westpark Phase 2.2 7S,8,19,20N Expansion.pdf
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MID Expansion -- 2019-005
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 MAINTENANCE IMPROVEMENT DISTRICT
BY THE CITY OF BUCKEYE
WESTPARK Phase II P-7S,8,19 & 20N
ANNEXATION TO MID-2019-005
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 Maintenance Improvement District No. MID-2019-005 (the "District")
under the Improvement District Law. In support of this Petition, Waiver and Consent to Inclusion
of Additional Land within an Existing Maintenance 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 (4,006,849 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 for the purpose for the purpose of providing for
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
MID Expansion -- 2019-005
basins. To enhance such purposes the Petitioner grants to the 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.
4.
Public Convenience and Necessity. Public convenience, necessity and welfare
will be promoted by the expansion of the District by the inclusion of the property described in
Exhibits A, B, and C within the District, and the levying of an annual ad valorem tax or annual
special assessment upon all of the non-public real property within the District.
5.
Payment of Costs by Petitioner. The Petitioner agrees to pay the costs and expenses
of maintain the parkings, parkways, retention basins and detention basins within, adjacent to, or
that serve the District 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 resulting in the
resolution of intention and the resolution ordering the work relating to the
formation of the District;
b)
The right to challenge or object to any and all irregularities, illegalities
or deficiencies which may exist in the acts or proceedings that result in the
adoption of any and all future resolutions of intention, resolutions ordering
work, resolutions enlarging the District, and notices pertaining thereto;
c)
Any necessity for publication, posting, mailing or recording of the
resolution of intention and the notice of proposed improvements pursuant to
A.R.S. § 48-578;
MID Expansion -- 2019-005
d)
All protest rights whatsoever under A.R.S. § 48-579(A) and (B),
which provide for protests against the work;
e)
All objections to the extent of the District under A.R.S. § 48-579(C);
f)
All objections to the lack of plans and specifications, the engineer's
estimate and an assessment diagram, all which are unnecessary for
completion of the District's formation or purpose; and
g)
Any necessity for any notice or hearing with respect to land
owned by the Petitioner now within the proposed boundaries of the District.
9.
Fees. The Petitioner has paid, or will pay, any and all District application fees.
10.
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.
11.
Public Benefit. The operation, maintenance, repair and improvements of parkings,
parkways, retention basins and detention basins within, adjacent to, or serving the District is of
more than local or ordinary public benefit and the costs and expense thereof should be charged
against the property within the District, all of which will benefit thereby.
12.
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.
13.
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.
14.
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
MID-2019-005 EXPANSION
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;
THENCE, WEST A DISTANCE OF 96.00 FEET;
Page 5 of 37
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
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JAMES G.
22282
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JAMES G.
22282
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JAMES G.
22282
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JAMES G.
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JAMES G.
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22282
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JAMES G.
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JAMES G.
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JAMES G.
22282
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JAMES G.
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SPRING
JAMES G.
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SPRING
JAMES G.
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SPRING
JAMES G.
22282
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SPRING
JAMES G.
22282
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SPRING
JAMES G.
22282
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SPRING
JAMES G.
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SPRING
JAMES G.
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SPRING
JAMES G.
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JAMES G.
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JAMES G.
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JAMES G.
22282
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SPRING
JAMES G.
22282
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SPRING
JAMES G.
22282
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SPRING
JAMES G.
22282
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SPRING
JAMES G.
22282
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SPRING
JAMES G.
22282
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SPRING
JAMES G.
22282
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SPRING
JAMES G.
22282
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SPRING
JAMES G.
22282
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SPRING
JAMES G.
22282
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