SLID 2021-002 Petition and Exhibits Loves Travel Stops and QuikTrip-Fully Executed All Parties.pdf

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

LOVE’S MILLER ROAD/QUIKTRIP CORPORATION
ANNEXATION TO 2021-SLID-002

To: Honorable Mayor and Councilmembers City of Buckeye, Arizona

Pursuant to Arizona Revised Statutes ("4.2.8.") Title 48, Chapter 4, Article 2 (the
"Improvement District Law"), the undersigned property owner (the "Pefitioner") 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. 2021-SLID-
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 "Pefition"), 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 17.35 acres 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

202 1-SLID-002 Expansion ~- Love’s Miller Road/QuikTrip Corporation
Page 1 of 7

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, 2026, 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 2026/2027. 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, 2026, and the City does not expect to receive taxes from the property
described and depicted in Exhibits A, B, and C before November 1, 2026.

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 ail 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.

2021-SLID-002 Expansion — Love’s Miller Road/QuikTrip Corporation
Page 2 of 7

10. Equa! 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. § 48-61 6(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]

2021-SLID-002 Expansion — Love’s Miller Road/QuikTrip Corporation
Page 3 of 7

IN WITNESS WHEREOF, the undersigned authorized representative has executed this
Petition as of the 13?day of Asses t , 2025.

QUIKTRIP CORPORATION, an Oklahoma corporation

Its: Regional Director of Real Estate

STATE OF Kansas)
) ss.
County of Johnson)

VERIFICATION

Jason Acord, after being first duly sworn upon oath, deposes and states:

That I am the authorized signer of the QuikTrip Corporation; I have been duly authorized to
sign this Petition and make this Verification in that capacity; that I have read the foregoing Petition,
and I know the contents thereof to be true.

SUBSCRIBED AND SWORN TO by __\acon Beard before me, the
undersigned notary public, this_[% day of August, 2025.

NOTARY PUBLIC - State of Kansas

DEANNA POPP
My Appt. Expires . O71» 29

Notary Public

(Seal and Expiration Date)

[SIGNATURES CONTINUE ON FOLLOWING PAGES]

Page 4 of 5

LOVE’S TRAVEL STOPS & COUNTRY STORES, INC., an Oklahoma corporation
By: aS” aaa

Its: Timo thy J Dory my Vice Pro Sdonk

Date: Detomiaer \d 0024

STATE OF OWanowo. )
County of OWlanomoa ; *
VERIFICATION
Amos. Vo xy ‘ my , after being first duly sworn upon oath, deposes and
states:

That I am the authorized signer of Love’s Travel Stops & Country Stores, Inc.; I have been
duly authorized to sign this Petition and make this Verification in that capacity; that I have read the
foregoing Petition, and I know the contents thereof to be true.

SUBSCRIBED AND SWORN TO b Twwothy J, Dot, TT before me, the
we , 2024,

Byrne Yo

Notafy Public

a Hi;

outa if
CAs OF ONS
Hw

[SIGNATURES CONTINUE ON FOLLOWING PAGES]

Page 5 of 7

LOVE’S TRAVEL STOPS & COUNTRY STORES, INC., an Oklahoma corporation,
formerly known as Love’s Country Stores, Inc., an Oklahoma corporation

By: “Za
Its: Vw Resid
Date: Ocrie 02 109099

sTATEOF OWlahname. )

SS.

)
County of Ow \anome. )

VERIFICATION

Vim Yoty , after being first duly sworn upon oath, deposes and
states:

That Iam the authorized signer of Love’s Travel Stops & Country Stores, Inc., formerly
known as Love’s Country Stores, Inc., an Oklahoma corporation; I have been duly authorized to

sign this Petition and make this Verification in that capacity; that I have read the foregoing Petition,
and I know the contents thereof to be true.

before me, the

SUBSCRIBED AND SWORN TO’'b tim Doly
undersigned notary public, this Te Re ia 2025

4
i 2 nee aA

(Seal and Expiration Date)

SIGNATURE ONE UE ON FOLLOWING PAGES]

Page 6 of 7

RECEIPT this day of , 2024,
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 7 of 7

EXHIBIT A
LEGAL DESCRIPTION
CITY OF BUCKEYE STREET LIGHT IMPROVEMENT DISTRICT
NO. 2021-SLID-002 EXPANSION
LOVE'S MILLER ROAD/QUIKTRIP CORP.

A PORTION OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 1 NORTH, RANGE 3
WEST OF THE SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS;

COMMENCING AT A FOUND BRASS CAP IN HAND HOLE MARKING THE EAST QUARTER
CORNER OF SAID SECTION 18;

THENCE NORTH 00'06’07” WEST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF
SAID SECTION 18, A DISTANCE OF 293.05 FEET TO THE POINT OF BEGINNING;

THENCE SOUTH 89°53'53” WEST, ALONG THE SOUTH LINE OF LOT 6 OF REPLAT AS
RECORDED IN BOOK 1070, PAGE 39, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA,
A DISTANCE OF 900.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 6;

THENCE NORTH 00°06’07” EAST, ALONG THE WEST LINE OF SAID LOT 6, A DISTANCE OF
404.99 FEET TO A POINT ON THE CENTERLINE OF PIMA STREET;

THENCE NORTH 89°53’50” EAST, ALONG SAID CENTERLINE, A DISTANCE OF 236.40 FEET;
THENCE NORTH 00°06’07” WEST, A DISTANCE OF 286.01 FEET;

THENCE NORTH 89°53'53” EAST, A DISTANCE OF 79.84 FEET TO THE SOUTHWEST CORNER
OF THAT PROPERTY AS DESCRIBED IN DOC. NO. 2005-0005597, MARICOPA COUNTY
RECORDS;

THENCE NORTH 00°06’07” WEST, ALONG THE WEST LINE OF SAID DOCUMENT, A DISTANCE
OF 763.48 FEET TO A POINT ON THE CENTERLINE OF INTERSTATE 10;

THENCE NORTH 68°55'12" EAST, ALONG SAID CENTERLINE, A DISTANCE OF 259.54 FEET;
THENCE SOUTH 00°06'07” EAST, A DISTANCE OF 550.39 FEET;

THENCE NORTH 89°53'53” EAST, A DISTANCE OF 339.98 FEET TO A POINT ON THE EAST
LINE OF NORTHEAST QUARTER OF SAID SECTION 18;

THENCE SOUTH 00°06'07” EAST, ALONG SAID EAST LINE, A DISTANCE OF 997.01 FEET TO
THE POINT OF BEGINNING.

SAID DESCRIPTION CONTAINING 19.60 ACRES+.

: SLID HUNTER 4
ENGINEERING CIVIL AND SURVEY
: 4/25/24 10446 N. 74TH STREET,
SUITE. 140
> SLID EXHIBIT & SCOTTSDALE, AZ 85258
LEGAL DESC. F 480 991 3986 | PROU.NO.LOVEOOS

EXHIBIT B
TABLE OF PARCEL OWNERS
CITY OF BUCKEYE STREET LIGHT IMPROVEMENT DISTRICT
2021-SLID-002 EXPANSION LOVE'S MILLER ROAD

ASSESSOR PARCEL NUMBER OWNER
504—26-972 QUIKTRIP CORPORATION
A 504—26—-128B LOVES TRAVEL STOPS & COUNTRY STORES INC.
A\ 504—26—001R LOVES COUNTRY STORES INC.
504—26—-001Q LOVES TRAVEL STOPS & COUNTRY STORES INC.

A EXISTING SLID 2021—SLID—002

> SLID HUNTER q
ENGINEERING CIVIL AND SURVEY
: 4/22/24 10446 N. 74TH STREET,
: SLID EXHIBIT & SCOTTSDALE, #2 85268
LEGAL DESC. F 480 991 3888 | PROU.NO.LOVEOOS

v,

( EXHIBIT C )
CITY OF BUCKEYE STREET LIGHT IMPROVEMENT DISTRICT fn NORTHEAST CORNER OF
NO. 2021-SLID-002 EXPANSION — 655.35! SECTION 18, T.1N.,R3W.
LOVE'S MILLER ROAD/QUIKTRIP CORP. FND. 1” IRON PIPE
BOUNDARY MAP 1 oh
py, . CL CALCULATED PER
An 9"
qe none it i SUPPLEMENTAL RESULTS OF
gtk noe Z0.88 \ | SURVEY, DWG. NO.
4 Ps) ® D—7—T-1031,
yo 7 " __ | PROJ. NO.
- 8 | 010 MA 112 FO119
ADOT RW S|
— a Lid «
a ¥ i ° 0 +13
3 2 ~ als
e 8 _8 RY]
oO 1 =
a = “” eg alu
5 \
fs jo 7 \ar % |b
o ANS 19 | 10
©] A.P.N. 504-26-0010 "|e ip | 13
Z| LOVES TRAVEL STOPS | . | 2] @
& COUNTRY STORES Cle 2\|z
INC. 6|<a
20050005597 MCR a m |
~ rae) — pom |
WS 3
Ls ming
Sina Ww
N A A * as Olole
N 5|— Z/+1 90
S|. Isis
1 3ler als} s
— PIMASTREET — —— {5% uy
—————-+#J bi] to a uw | =
KR 2 Ld << F FS
la 2 95 FT ey BIS
=]. Ke) ud fol
S| A.P.N.: 504—26-972 2] 5 Z2\2|8/8
ol ¥ QUIKTRIP_ CORPORATION a} < <|312
ar 20101015765 MCR o|2|z
2 id
\ \ 2/519
ee - $89'53'53"W 900.00" ~J =)
A.P.N.504-—26—970A ! POB
HOSPITALaY LLC G! EAST QUARTER CORNER
LMATCHLINE &|f OF SECTION 18, T.1N.,R.3W
‘ , FND BRASS CAP IN
DURANGO STREET \t/ HANDHOLE. POC
: SLID HUNTER
ENGINEERING CIVIL, AND SURVEY
: 4/22/24 10446 N. 74TH STREET,
: SLID EXHIBIT & SCOTTSDALE, AZ 85258
LEGAL DESC. F 480 991 3986 | PROW.NO.LOVEOOS

v,