SLID 2025-009 Petition TWC Buckeye Canopy-Fully Executed.pdf

When Recorded, Return to:
Lucinda J. Aja, City Clerk
City of Buckeye

530 East Monroe Avenue
Buckeye, Arizona 85326

PETITION, WAIVER AND CONSENT TO FORMATION OF
A STREET LIGHTING IMPROVEMENT DISTRICT
BY THE CITY OF BUCKEYE

TWC Buckeye Canopy
SLID-2025-009

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(s) (the “Petitioner’’) respectfully
petitions the Mayor and City Council (the “City Council”) of the City of Buckeye, Arizona (the
“City”), to order the formation of a street lighting improvement district under the Improvement
District Law. In support of this Petition, Waiver and Consent to Formation of a 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 formation of a street
lighting improvement district encompassing the land shown on Exhibits A, B, and C attached
hereto and incorporated by reference herein.

1. Name of District. The Petitioner hereby requests the proposed district to be named
the “City of Buckeye Street Lighting Improvement District No. SLID-2025-009” (the “District”).

2. Area of District. The property comprising the proposed District is described by a
legal description, Assessor’s Parcel Number(s), and a map or plat of the area, all as set forth in
Exhibits A, B, and C. Such property is entirely within the corporate boundaries of the City. The
Petitioner respectfully requests that the property shown on Exhibits _A, B and C be included within
the District. The proposed District consists of an aggregate of 4.8736 acres (212295 square feet)
which are entirely within the corporate boundaries of the City. The Petitioner respectfully requests
that the land shown on Exhibits A, B and C be 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 the Assessor’s parcel number set forth in Exhibit B conflict with Exhibit C, Exhibit
C shall govern.

3. Ownership. The Petitioner is the sole owner of all non-public real property within
the proposed District.
4. Purpose. The District is proposed to be formed for the purpose of purchasing, and

not generating, energy for street and public park lighting.

5. Public Convenience and Necessity. Public convenience, necessity and welfare
will be promoted by the formation of the District, 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 equal

apportionment of taxes upon all of the non-public real property within the District as provided in
A.R.S. § 48-616(C).

6. Fees and Reimbursement. The Petitioner has paid all application fees for the
formation of the District and further agrees to reimburse the City for all reasonable legal and
engineering fees and costs incurred by the City with respect to the formation of the District.

7. Expansion of or Annexation to the District. The Petitioner waives any objection
to, or protest against, any 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 any
resolution(s) of intention, resolution(s) ordering work, resolution(s) enlarging the
District, or notices of proposed improvements as described in A.R.S. §§ 48-578 and
48-581;

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 of 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.

o: Equal Apportionment. The Petitioner hereby petitions the City Council to equally
apportion the District’s annual taxes based on the number and classification of properties within
the District pursuant to A.R.S. § 48-616(J). The Petitioner further requests that no publicly owned
land or property owned by a homeowners’ association shall be liable to pay any expenses of the
District.

10. Waiver of Petition. This Petition shall 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 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 purchasing of energy to operate street lighting improvements
within the District is of more than local or ordinary public benefit and 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 in Exhibits A, B, and C attached hereto.

13. Authority to Sign Petition. The individual signing this Petition represents and
warrants to the City that he/she 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.

The Petitioner hereby requests the City Council of the City to adopt a resolution of
intention to order the proposed improvements and to proceed with the improvements requested
herein.

IN WITNESS WHEREOF, th undersigned authorized representative has executed this
Petition as of the (e) day of 4 laa) , 2025.

TWC-JACKRABBI IL PROPERTIES LLC, an Arizona limited liability company

By:
Its: Memher-
STATE OF_AriZonc. )

) ss.

County of VY OP COR )

Scott} MeDonala , after being first duly sworn upon oath, deposes and

VERIFICATION

states:

That I am the authorized signer of TWC-JACKRABBIT TRAIL PROPERTIES LLC, an Arizona
limited liability company; 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 ise before me, the
undersigned notary public, this O24, day of 2025.

DARA J WILSON
Notary Public, State of Arizona
Maricopa County
Commission # 681638
My Commission Expires
April 15, 2029

Notary Publi
(Seal and Expiration Date)

[SIGNATURES CONTINUE ON FOLLOWING PAGES]

RECEIPT this day of , 2025,
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

EXHIBIT A

LEGAL DESCRIPTION
TWC BUCKEYE CANOPY
SLID-2025-009

A PORTION OF THAT CERTAIN PROPERTY DESCRIBED IN SPECIAL WARRANTY DEED RECORDED IN
DOCUMENT NO. 2024-0570375. RECORDS OF MARICOPA COUNTY, ARIZONA LOCATED IN A PART OF
THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 1 NORTH, RANGE 2 WEST OF THE GILA AND
SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND BRASS CAP FLUSH MARKING THE SOUTHEAST CORNER OF SAID
SOUTHEAST QUARTER OF SAID SECTION 5 FROM WHICH THE CALCULATED POSITION OF THE EAST
QUARTER CORNER OF SAID SECTION 5 BEARS NORTH 00°22'02" EAST, A DISTANCE OF 2645.01
FEET, AS DEPICTED ON THE RECORD OF SURVEY RECORDED IN BOOK 1843 OF MAPS, PAGE 24,
RECORDS OF MARICOPA COUNTY, ARIZONA;

THENCE NORTH 00°22'02" EAST ALONG THE EAST LINE OF SAID SECTION 5, A DISTANCE OF 1009.71
FEET TO THE POINT OF BEGINNING;

THENCE NORTH 89°38'30" WEST, A DISTANCE OF 465.06 FEET;
THENCE NORTH 08°03'13" EAST, A DISTANCE OF 496.06 FEET;

THENCE SOUTH 89°37'50" EAST, A DISTANCE OF 398.71 FEET TO A POINT ON THE EAST LINE OF SAID
SECTION 5;

THENCE SOUTH 00°22'02" EAST ALONG SAID EAST LINE OF SECTION 5, A DISTANCE OF 491.52 FEET
TO THE POINT OF BEGINNING.

CONTAINING 212,295 SQUARE FEET OR 4.8736 ACRES MORE OR LESS.

PROJECT #: 702501700
451 NORTH DEAN AVE,
CHANDLER, AZ 85226 | DATE: 8-18-25
PHONE: 623.536.1993 SHEET: 1 OF; 3

KAZ KO FAX: 623.746.9008 CHECKED BY: GCH

DRAWN BY: KJS

EXHIBIT B

TWC BUCKEYE CANOPY

SLID-2025-009

ASSESSOR PARCEL NUMBER

OWNER

502-35-016K

TWC-JACKRABBIT TRAIL PROPERTIES LLC

502-35-016J

TWC-JACKRABBIT TRAIL PROPERTIES LLC

451 NORTH DEAN AVE,
CHANDLER, AZ 85226
PHONE: 623.536.1993

FAX: 623,748,9008
KA=KO

PROJECT #: 702501700

DATE: 8-18-25
SHEET: 2 OF; 3

CHECKED BY: GCH
DRAWN BY: KJS

LEGEND
®

MONUMENT FOUND (AS NOTED)

EXHIBIT C
TWC BUCKEYE CANOPY

SLID-2025-009 NE COR. SEC. 5 FND.
BRASS CAP IN HANDHOLE

fo) PLSS MONUMENT FOUND (AS NOTED)
EAST 1/4 COR. SEC. 5
© CALCULATED POSITION CALCULATED POSITION
—— — —RIGHT OF WAY LINE PER BOOK 1843, PAGE
— — — — SECTION LINE 24, MCR.
SUBJECT PROPERTY — _N89° 43'22"W 5289.41"
LOT LINE APN: 502-35-015E
--—-— TIE LINE W 1/4 COR. FND. OWNER: BINGHAM It
BRASS CAP IN INVESTMENT Rig
HANDHOLE COMPANY 3
ABBREVIATION ~IA
APN ~ ASSESSOR PARC SE" 377 50°F _ 398.711
EL NUMBER ct 333.71" ] 77
G&SRM __ GILA & SALT RIVER MERIDIAN 65.00"
i NORTH EXISTING 65' R.O.W.
E EAST DKT 3207 PG 324M.C.R.
s SOUTH foo
Ww WEST 10' l
SQ.FT. SQUARE FEET -
T. TOWNSHIP APN: 502-35-016K i
R RANGE DOC. NO. 2024-0570375, M.C.R. 3
‘ OWNER: TWC-JACKRABBIT +
MC MARICOPA COUNTY TRAIL PROPERTIES LLC
BCFL BRASS CAP FLUSH x |
FND. FOUND Ss APN: 502-35-016J
P.O.C. POINT OF COMMENCEMENT 8] DOC. NO. 2024-0570375, M.C.R.
P.O.B. — POINT OF BEGINNING Ss OWNER: Lobe add =
M.C.R. | MARICOPA COUNTY RECORDS TRAIL PROPERTIES LLC ;
400.06" |
\ N89° 38' 30"W 465.06'
P.0.B._/
- jw
LINE TABLE APN: 502-35-016E =lN
OWNER: QUICKTRIP an
LINE# | DIRECTION | LENGTH CORPORATION 8 IN
L1 | NO0°21"14"E | 2634.69” 8
t
N.T.S.
SE COR, T. 1N.. R. 2W.,
: OF GSR&M SEC. 5 FND.
451 NORTH DEAN AVE, Eee © TOONS 3" MC BCFL STAMPED
CHANDLER, AZ 85226 | DATE: 8-18-25 RLS 48362
PHONE: 623.536.1993 | SHEET; 3 OF; 3 P.0.C.
KAEKO FAX 823-748.9008 — [cucoxesevreon
= DRAWN BY: KJS

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JACKRABBIT