SLID 2025-009- Resolution NO. 88-25 TWC Buckeye Canopy with Exhibits.pdf

City of Buckeye — Regular Council Meeting (2025-11-04)

Extracted text (via pymupdf) 10510 characters

WHEN RECORDED RETURN TO:

City of Buckeye
ATTN: City Clerk, Lucinda J. Aja
530 East Monroe Avenue
Buckeye, Arizona 85326

RESOLUTION NO. 88-25

A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF BUCKEYE,
ARIZONA, ORDERING THE WORK AS DESCRIBED IN RESOLUTION NO. 77-
25 AND FORMING CITY OF BUCKEYE STREET LIGHTING IMPROVEMENT
DISTRICT NO. SLID-2025-009; AND ORDERING THE RECORDING AND
FILING OF THIS RESOLUTION.

WHEREAS, on November 4, 2025, the Mayor and Council of the City of Buckeye,
Arizona (the “City”) passed and adopted Resolution No. 77-25 (the “Resolution of Intention”),
which Resolution of Intention declared the Mayor and Council’s intention to form the City of
Buckeye Street Lighting Improvement District No. SLID-2025-009 (the “District”), solely for the
purpose of purchasing energy for lighting of the public streets within and adjacent to the District;
and

WHEREAS, a petition (the “Petition”) for the formation of the District was presented to
the Mayor and Council, which Petition purported to be signed by all the non-public real property
owners in the proposed District, exclusive of mortgagees and other lienholders; and,

WHEREAS, the Mayor and Council 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 (as
defined in the Resolution of Intention), all objections to the extent of the District, all publication,
posting and mailing of the Resolution of Intention, and the passage of time between adoption of
the Resolution of Intention and this Resolution; and,

WHEREAS, pursuant to A.R.S. §§ 48-616 and -617, the Mayor and Council hereby find
and determine that they have jurisdiction to order the Work of purchasing energy for lighting of
public streets and parks within the District and hereby 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:

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, pursuant to A.R.S. §§ 48-616 and -617, the Work, as described in the Resolution of
Intention, is hereby ordered and the formation of the City of Buckeye Street Lighting
Improvement District No. SLID-2025-009 is hereby ordered. The District shall encompass the
property described on Exhibits A, B, and C, attached hereto and incorporated by reference
herein. The Assessor’s parcel number(s) shown on Exhibit B is for convenience only. If either
Exhibit A or Exhibit B or both conflict with Exhibit C, Exhibit C shall govern and be determinative

of a parcel’s inclusion within, or exclusion from, the District, subject to the restrictions of Section
2 of this Resolution.

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 2025 and for the City’s 2025-
2026 fiscal year, make annual statements and estimates of the expenses of the District 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
personal, 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 provided for
incorporated cities and cities’ statements and estimates by applicable portions of Title 42,
Chapter 17, Article 3, Arizona Revised Statutes, 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 or by an equal annual charge 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 provided in A.R.S. § 48-616, all statutes 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.
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,
pursuant to 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 taxes are to be levied, or this
Resolution is not filed with both the Department and the Maricopa County Assessor prior to such
November 1, 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 Department extend
the deadline prescribed by A.R.S. § 42-17257 to December 20, 2025.

PASSED AND ADOPTED by the Mayor and Council of the City of Buckeye, Arizona on
the 4th day of November 2025.

Eric W. Orsborn, Mayor

ATTEST:

Lucinda J. Aja, City Clerk

APPROVED AS TO FORM:

K. Scott McCoy, City Attorney

Attachments
Exhibit A: Legal Description
Exhibit B: Assessor’s Parcel Numbers and Owners’ Names
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 Resolution No. 88-25 was duly passed by the Mayor
and Council of the City of Buckeye, Arizona, at a City Council meeting held on November 4, 2025
and the vote was ___ ayes, ___ nays, ___ recused, and
were absent and that the Mayor and
___ Council Members were present thereat.

DATED: November 4, 2025

Lucinda J. Aja, City Clerk

EXHIBIT A

Legal Description

(consisting of 1 page)

451 NORTH DEAN AVE,
CHANDLER, AZ 85226
PHONE: 623.536.1993
FAX: 623.748.9008
DATE: 8-18-25
SHEET; 1 OF; 3
PROJECT #: 702501700
CHECKED BY: GCH
DRAWN BY: KJS
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.
08-25-2025

EXHIBIT B

Assessor Parcel Numbers and Owners’ Names

(consisting of 1 page)

451 NORTH DEAN AVE,
CHANDLER, AZ 85226
PHONE: 623.536.1993
FAX: 623.748.9008
DATE: 8-18-25
SHEET; 2 OF; 3
PROJECT #: 702501700
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
08-25-2025

EXHIBIT C

Boundary Map

(consisting of 1 page)

L1
5289.41'
N89° 43' 22"W
398.71'
N08° 03' 13"E
496.06'
400.06'
N89° 38' 30"W
N00° 22' 02"E
2645.01'
1009.71'
491.52'
1143.78'
65.00'
465.06'
S89° 37' 50"E
333.71'
65.00'
451 NORTH DEAN AVE,
CHANDLER, AZ 85226
PHONE: 623.536.1993
FAX: 623.748.9008
DATE: 8-18-25
SHEET; 3 OF; 3
PROJECT #: 702501700
CHECKED BY: GCH
DRAWN BY: KJS
SE COR. T. 1N., R. 2W.,
OF GSR&M SEC. 5 FND.
3" MC BCFL STAMPED
RLS 48362
P.O.C.
MONUMENT FOUND (AS NOTED)
PLSS MONUMENT FOUND (AS NOTED)
CALCULATED POSITION
RIGHT OF WAY LINE
SECTION LINE
SUBJECT PROPERTY
LOT LINE
ASSESSOR PARCEL NUMBER
APN
GILA & SALT RIVER MERIDIAN
G&SRM
TIE LINE
LEGEND
NORTH
N
EAST
E
SOUTH
S
WEST
W
SQUARE FEET
SQ. FT.
ABBREVIATION
TOWNSHIP
T.
RANGE
R.
APN: 502-35-016K
DOC. NO. 2024-0570375, M.C.R.
OWNER: TWC-JACKRABBIT
TRAIL PROPERTIES LLC
APN: 502-35-016E
OWNER: QUICKTRIP
CORPORATION
APN: 502-35-015E
OWNER: BINGHAM
INVESTMENT
COMPANY
N.T.S.
MARICOPA COUNTY
MC
BRASS CAP FLUSH
BCFL
FOUND
FND.
N.
JACKRABBIT
TRAIL
NE COR. SEC. 5 FND.
BRASS CAP IN HANDHOLE
POINT OF COMMENCEMENT
P.O.C.
POINT OF BEGINNING
P.O.B.
W 1/4 COR. FND.
BRASS CAP IN
HANDHOLE
P.O.B.
EXHIBIT C
TWC BUCKEYE CANOPY
SLID-2025-009
EAST 1/4 COR. SEC. 5
CALCULATED POSITION
PER BOOK 1843, PAGE
24, M.C.R.
MARICOPA COUNTY RECORDS
M.C.R.
EXISTING 65' R.O.W.
DKT 3207 PG 324 M.C.R.
APN: 502-35-016J
DOC. NO. 2024-0570375, M.C.R.
OWNER: TWC-JACRABBIT
TRAIL PROPERTIES LLC
100'
10'
08-25-2025
V