SLID 2025-009- Resolution NO. 77-25 TWC Buckeye Canopy with Exhibits.pdf

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

Extracted text (via pymupdf) 12804 characters

WHEN RECORDED, RETURN TO:

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

RESOLUTION NO. 77-25
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF BUCKEYE,
ARIZONA, ACCEPTING A PETITION FOR FORMATION OF A STREET
LIGHTING IMPROVEMENT DISTRICT; DECLARING ITS INTENTION TO FORM
A STREET LIGHTING IMPROVEMENT DISTRICT; DESIGNATING SUCH
DISTRICT AS THE “CITY OF BUCKEYE STREET LIGHTING IMPROVEMENT
DISTRICT NO. SLID-2025-009”; PROVIDING FOR THE ANNUAL LEVY OF
TAXES OR ASSESSMENTS EQUALLY APPORTIONED UPON ALL OF THE
NON-PUBLIC PROPERTY OWNERS IN THE DISTRICT TO PURCHASE
ENERGY FOR THE LIGHTING OF PUBLIC STREETS AND PARKS WITHIN
AND ADJACENT TO THE DISTRICT; AND ORDERING THE RECORDING AND
FILING OF THIS RESOLUTION.

BE IT RESOLVED by the Mayor and Council of the City of Buckeye, Arizona, as follows:

Section 1.
Acceptance and Findings. A Petition for the formation of the City of
Buckeye Street Lighting Improvement District No. SLID-2025-009 to purchase (and not
generate) energy for street and public park lighting within the District and streets adjacent
thereto has been filed with the Clerk and presented to the Governing Body of the City. The
Petition is accepted. The Petition purports to be signed by all of the non-public real property
owners in the proposed District, exclusive of mortgagees and other lienholders. After verification
of such ownership, the Governing Body finds that the Petition was signed by all of the real
property owners in the proposed District, exclusive of mortgagees and other lienholders or the
owners of any Public Property.

Section 2.
Definitions. In this Resolution, the following terms shall have the following
meanings:

“APS” shall mean the Arizona Public Service Company.

“City” shall mean the City of Buckeye, Arizona.

“Clerk” shall mean the Clerk of the City, located at 530 East Monroe Avenue, Buckeye,
Arizona 85326.

“Director” shall mean the Director of the Arizona Department of Revenue.

“District” shall mean the City of Buckeye Street Lighting Improvement District No. SLID-
2025-009, as described by the legal description, Assessor’s parcel number, and map in
Exhibits A, B and C attached hereto and incorporated by reference herein.

“Governing Body” shall mean the Mayor and Council of the City.

“Incidental Expenses” shall mean the costs of posting, publication, mailing, recording,
engineering and legal fees with respect to the formation of the District and the annual
levy of taxes.

“Petition” shall mean the Petition, Waiver, and Consent to Formation of a Street Lighting
Improvement District by the City of Buckeye, requesting formation of the District, on file
in the Clerk’s office.

“Public Property” shall mean any lot or parcel belonging to the United States; the state of
Arizona (the “State”); any county, city, town, school district or political subdivision; or any
institution of the State or county that is physically located within the District, including
without limitation any public street, avenue, alley or public easement located within the
District hereinafter dedicated to public use.

“Street Lighting System” shall mean all publicly owned street and traffic lights and all
wire, apparatus and other facilities now in place or hereafter constructed or acquired for
the lighting of public streets and parks within the District and on streets adjacent to the
District.

“Work” shall mean the purchasing of energy for the operation of the Street Lighting
System.

Section 3.
Declaration of Intention to Order Formation of the District. The public
interest and convenience require, and it is the intention of the Governing Body to order, the
Work through formation of the District pursuant to A.R.S. Title 48, Chapter 4, Article 2. The
District’s sole purpose shall be the purchase, not generation, of energy to operate the Street
Lighting System, including as it is hereafter modified or enlarged. The District shall encompass
the property described on Exhibits A, B, and C, attached hereto. 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 5 of this Resolution. For
purposes of this Resolution and of all resolutions, ordinances and notices pertaining hereto, the
District shall be known as and is hereby designated as “City of Buckeye Street Lighting
Improvement District No. SLID-2025-009”.

Section 4.
Statutory Authority; Payment of Incidental Expenses. All proceedings
pertaining to the District shall be done under and as authorized by A.R.S. Title 48, Chapter 4,
Article 2, and all amendments thereto including, without limitation, A.R.S. §§ 48-616 and -617.
All Incidental Expenses shall become the obligation of the District.

Section 5.
Excluded Property. No Public Property or property owned by a
homeowners’ association will be liable to pay any portion of the District’s costs and expenses.
Additionally, any public streets, avenues, alleys, or public easements hereafter dedicated to
public use shall become exempt after such dedication.

Section 6.
Protests and Objections to Extent of District. In the Petition, the signer
has made written consents and waivers pertaining to the ordering of the Work and to the
formation of the District and has specifically waived all protests against formation of, and
objections to, the extent of the District. City staff has verified that all non-public real property
owners within the District have signed the Petition, and the Governing Body finds as a fact that

all non-public property owners within the District have signed such Petition. Therefore, pursuant
to A.R.S. § 48-617(A), no publication, mailing or posting of any notice pertaining to formation of
the District will be made.

Section 7.
Engineer’s Estimate, Plans and Specifications. As financing for the
acquisition and construction of the initial Street Lighting System has been, or will be, provided,
the District’s sole purpose will be to purchase, and not generate, energy to operate the Street
Lighting System. No engineer’s estimate, plans, or specifications have been filed with the Clerk.
In the Petition, all owners of land within the District specifically waived the filing of an engineer’s
estimate, plans, or specifications.

Section 8.
Determination of Type of Lighting and Consideration of the Rate to be
Paid. The type of lighting shall be the type now in place within the District, to be operated nightly
from dusk to dawn, or such other lighting facilities as may be acquired in the future by the City
or some other entity for use within the District. The District’s costs and expenses of purchasing
energy for the operation of the Street Lighting System are subject to change due to inflation,
new construction, new technology, updated APS rate schedules as approved by the Arizona
Corporation Commission, updated APS or City specifications as approved by the City Engineer,
or acquisition of additional portions of the Street Lighting System.

Section 9.
Recordation. A certified copy of this Resolution shall be recorded in the
office of the Maricopa County Recorder within ten (10) days of its adoption to give notice of
formation of the District, as required by A.R.S. § 48-574(M).

Section 10.
Extension for Filing. If either the formation of the District occurs after
November 1 of the year preceding the year in which initial assessments are to be levied, or the
resolution ordering the Work is not filed with both the Arizona Department of Revenue and the
Maricopa County Assessor prior to such deadline, 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 Arizona Department of Revenue 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,
this 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 Number and Owner’s Name
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 Ordinance No. 77-25 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’s Parcel Number and Owner’s Name

(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