SLID_-_Petition_-_Formation-Fry_s__654_MIller__Broadway.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

Fry’s #654 Miller & Broadway
SLID-2024-005

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(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-2024-005” (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 [21.49 acres (935908 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.

9. 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, ,the undersigned representative of the Petitioner has
executed this Petition as of the date st

PETITIONER:
Barclay Holding“ @XV1 Avivona Vnited lability compan)
By: Yb.
Title: Is coer TV. Peer, Man AGW

STATE OF KY\LOVV. )

) ss.

County of Mavicooa )

VERIFICATION

§ wr T. AOOW after being first duly sworn upon oath, deposes and states:

That s/he is the authorized officer/signer of bar c\ Ay toi ding 6 Ox¥V\ Wwe
an Pr Wond \iwvicwd Wail AA COmpary and Petitioner herein; s(he)been duly
authorized to sign this Petition and make this\ Verificatioh in that capacity; she) has read the
foregoing Petition, and knows the contents thereof to be true.

SUBSCRIBED AND SWORN TO by SCott V: Pv One before me, the
undersigned notary public, this Z 2ind day of _Q(A0 Den 2024.
f
ADV
j Notaty Pubfic
(Seal and Expiration Date)
; “hertl : LISA VICTORIA WRIGHT
June 30, 2025 ano an ant Notary Public - Arizona
ite 9 edoopey Maricopa County
BUOZIY - dIIGNq A1e}oN Commission # 607413
_AMOIHM VIHOLOIA WSTT My Comm. Exp. June 30, 2025
Smiths Food & Drug Centers Inc,
By: V6 7 ad >
a i

Title: Cr

STATE OF hui 2006. )

) ss.

County of (V \4 “icapa )

Dawd Weakland , after being first duly sworn upon oath, deposes and states:

That s/he is the authorized officer/signer of Sm th's Food and Drug Centers dba
Fvu's Food Stores of Arizona , and Petitioner herein; s/he been duly
authorized to sign this Petition and make this Verification in that capacity; s/he has read the
foregoing Petition, and knows the contents thereof to be true.

SUBSCRIBED AND SWORN TO by Dawd Wea bland before, me, the
undersigned notary public, this po day of October 202F.

Notary Public

VERIFICATION

(Seal and Expiration Date) April 20 2015

MELISSA COOPER
Notary Public, State of Arizona
Maricopa County
Commission # 602532
y Commission Expires
April 20, 2025

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

EXHIBIT A
CITY OF BUCKEYE — STREET LIGHTING IMROVEMENT DISTRICT
NO. 2024-SLID-005
HERITAGE WEST COMMERCIAL
LEGAL DESCRIPTION

A portion of the Northwest quarter of Section 29, Township 1 North, Range 3 West, of the
Gila and Salt River Base and Meridian, Maricopa County, Arizona, more particularly described
as follows:

Beginning at the Northwest corner of said Section 29, a brass in handhole from which
the North quarter corner of said Section 29, a brass cap in handhole, bears
North 90°00'00" East (Basis of Bearing), a distance of 2616.36 feet;

Thence along the north line of the Northwest quarter of said Section 29, North 90°00'00" East,
a distance of 1021.81 feet;

Thence leaving said north line, South 00°36'09" West, a distance of 33.00 feet, to the southerly
right-of-way line of Broadway Road;

Thence leaving said southerly right-of-way line, along the easterly line of Lot 2 as shown on
the Minor Subdivision Heritage West, recorded in Book 1736, Page 41, Maricopa County
Records (MCR), South 00°36'09" West, a distance of 883.00 feet, to the southerly line of
said Lot 2;

Thence leaving said easterly line, along said southerly line, South 89°59'50" West, a distance
of 981.75 feet, to the easterly right-of-way line of Miller Road;

Thence leaving said southerly line and said easterly right-of-way line, South 89°59'50" West,
a distance of 40.00 feet, to the west line of the Northwest quarter of said Section 29;

Thence along said west line, North 00°35'56" East, a distance of 916.05 feet, to the Point of
Beginning.

Containing 935,922 Square Feet or 21.49 Acres more or less.

EXHIBIT B
CITY OF BUCKEYE STREET LIGHTING IMPROVEMENT DISTRICT
NO. 2024-SLID-.005
HERITAGE WEST COMMERCIAL
ASSESSOR PARCEL NUMBERS

ASSESSOR PARCEL NUMBER

OWNER

504-40-993

SMITHS FOOD & DRUG CENTERS INC

504-40-994

f | | Rene

fo. BOX 2170

CHANDLER, AZ 85244

(480) 244-7630
DARMWO@AWLANDSURVEY.COM

JOB NO. 22-019} DATE: 9-26-24

BARCLAY HOLDINGS CXVI LLC

HERITAGE WEST COMMERCIAL
S.E.C. BROADWAY ROAD & MILLER ROAD
BUCKEYE, ARIZONA

STREET LIGHT IMPROVEMENT DISTRICT

EXHIBIT C

CITY OF BUCKEYE STREET LIGHTING IMPROVEMENT DISTRICT

NO. 2024-SLID-.005

HERITAGE WEST COMMERCIAL - BOUNDARY MAP

NW CORNER N 1/4 CORNE
SECTION 29 SECTION 29
TIN, R3W TIN, R3W
POINT OF BEGINNIN BROADWAY ROAD FD BCHH
c N_90°00'00"_E 2616.36"
1021.81"
| 5
AE zou
roy fe So LOT 3 =
fol = BOOK 1736, PAGE 41 i
et ie oS MCR °
oO ar
No oS
Oo
3
0 N =
< a Fy
0 3/8
wv ais
| -—~40' So} Fa}
RW 9° N
fava Yn
WwW LOT 2
4 BOOK 1736, PAGE 41
= MCR
=
uu
‘o
10
wW
ne) ’
& 981.75
a N29 S 89°59’50” W
j LINE|BEARING DISTANCE
W 1/4 CORNER Li |S 00°36’09” W [33.00°
SECTION 29 L2_ |S 89°59'50" W /40.00’
TIN, R3W
FD BCHH
! AW
\\]} | LAND
[SURVEYING
| uc
P.0. BOX 2170

CHANDLER, AZ 85244
(480) 244-7630
DARMIJO@AWLANDSURVEY.COM

JOB NO. 22-019] DATE: 9-26-24

HERITAGE WEST COMMERCIAL
S.E.C. BROADWAY ROAD & MILLER ROAD

BUCKEYE, ARIZONA

STREET LIGHT IMPROVEMENT DISTRICT