SLID-2025-010 Petition Miller Marketplace with Exhibits - Fully Executed.pdf
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1 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 MILLER MARKETPLACE SLID-2025-010 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-2025-010” (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 2.637 acres (114871 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. 2 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. 3 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 shown below. PETITIONER: Kavaso Investments LLC, an Arizona limited liability company By: Title: lonape STATEOF Caifomia CountyofSan Die0 Agamirzotan ) ) SS. VERIFICATION after being first duly sworn upon oath, deposes and states: That s/he is the authorized officer/signer of Kavaso Investments LLC, an Arizona limited liability company, 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 Vadih Aaic2o4an undersignednotarypublic,this lb 1hday of_Septen he Notary Public (Seal and xpiration Date) PAYTON PAYNE Notary Public - California San Diego County Commission 2461988 My Comm. Expires Sep 2, 2027 before me, the 2025. 04-02-2021 4 IN WITNESS WHEREOF, the undersigned representative of the Petitioner has executed this Petition as of the date shown below. PETITIONER: Berzerker LLC, an Arizona limited liability company By: AfemGngoryasL Dener Title: STATEOF nizena Countyof aicapa ) ss. VERIFICATION Aten ngorya after being first duly sworn upon oath, deposes and states: Thats/He islhe authorized officer/signer of Berzerker LLC, an Arizona limited liability company, 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. peflitcCaytel SUBSCRIBED AND SWORN TO by undersignednotarypublic,this 5day ofSeptermber ELL.NO 67043%. (Seal and Expiration Date) .sh8tbli28ilg FR CAMPBEL, eL/sal292? before me, the 2025. 5 6 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 Title: Project #: Date: Scale: Page: R O Y E V R D a t e S i g n e d . O N E T A C I F I T R E C U S D N A L D E R E T S I G E R 35113 MICHAEL E. FONDREN . A . . U , A N S Z I A R O DESCRIPTION 2400970 09/12/2025 N / A 1 OF 3 CITY OF BUCKEYE - STREET LIGHTING IMPROVEMENT DISTRICT NO. SLID 2025-010 DESCRIPTION OF LOT 1 OF MILLER MARKETPLACE, AS SHOWN IN BOOK 1166 OF MAPS, PAGE 29, MARICOPA COUNTY RECORDER'S OFFICE (M.C.R.) EXHIBIT "A" SITUATE IN A PORTION OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 3 WEST OF THE GILA AND SALT RIVER MERIDIAN, CITY OF BUCKEYE, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 32 (P.O.C.), FROM WHICH THE NORTH QUARTER CORNER OF SAID SECTION 32 BEARS SOUTH 89°32'04" EAST (BASIS OF BEARING), A DISTANCE OF 2641.61 FEET; THENCE ALONG SAID LINE, SOUTH 89°32'04" EAST, A DISTANCE OF 331.39 FEET TO THE POINT OF BEGINNING (P.O.B.); THENCE CONTINUING ALONG SAID LINE, SOUTH 89°32'04" EAST, A DISTANCE OF 329.58 FEET; THENCE DEPARTING SAID LINE, SOUTH 00°27'54" WEST, A DISTANCE OF 350.24 FEET TO A REBAR WITH PLASTIC CAP STAMPED "T. ROPE LS 21081"; THENCE NORTH 89°14'26" WEST, A DISTANCE OF 327.97 FEET TO A PK NAIL WITH WASHER STAMPED, "RLS 42137"; THENCE NORTH 00°11'57" EAST, A DISTANCE OF 348.56 FEET TO THE POINT OF BEGINNING. CONTAINING 114,871 SQUARE FEET OR 2.637 ACRES, MORE OR LESS. Title: Project #: Date: Scale: Page: R O Y E V R D a t e S i g n e d . O N E T A C I F I T R E C U S D N A L D E R E T S I G E R 35113 MICHAEL E. FONDREN . A . . U , A N S Z I A R O DESCRIPTION 2400970 09/12/2025 N / A 2 OF 3 CITY OF BUCKEYE - STREET LIGHTING IMPROVEMENT DISTRICT NO. SLID 2025-010 DESCRIPTION OF LOT 1 OF MILLER MARKETPLACE, AS SHOWN IN BOOK 1166 OF MAPS, PAGE 29, MARICOPA COUNTY RECORDER'S OFFICE (M.C.R.) EXHIBIT "B" APNS ASSESSOR PARCEL NUMBER OWNER 504-47-007 KAVASO INVESTMENTS LLC/BERZERKER LLC APN: 504-47-004T OWNER: JOHN MORRIS CO INC ETAL DOC# 2011-0822866, MCR APN: 504-47-250 OWNER: R&T INVESTMENTS LC/REALMAGIC LC DOC#: 2024-0065111, MCR S0° 27' 54"W 350.24' N0° 11' 57"E 348.56' LOT 1B 44,535 SF ± 1.022 AC ± LOT 1A 44,612 SF ± 1.024 AC ± N89° 14' 26"W 327.97' 329.58' 331.39' 1980.64' S89° 32' 04"E 2641.61' 78' R/W 1166-29 APN: 504-47-007 OWNER: KAVAZO INVESTMENTS LLC/ BERZERKER LLC DOC#: 2024-0187711, MCR P.O.C. 3" MARICOPA COUNTY HIGHWAY DEPARTMENT BRASS CAP IN HANDHOLE N.W. COR. OF SEC. 32, T. 1 N., R. 3 W., INTERSECTION OF SOUTHERN AVE. AND MILLER RD. 1" = 100' Title: Project #: Date: Scale: Page: R O Y E V R D a t e S i g n e d . O N E T A C I F I T R E C U S D N A L D E R E T S I G E R 35113 MICHAEL E. FONDREN . A . . U , A N S Z I A R O EXHIBIT 2400970 09/12/2025 1" = 100' 3 OF 3 CITY OF BUCKEYE - STREET LIGHTING IMPROVEMENT DISTRICT NO. SLID 2025-010 DESCRIPTION OF LOT 1 OF MILLER MARKETPLACE, AS SHOWN IN BOOK 1166 OF MAPS, PAGE 29, MARICOPA COUNTY RECORDER'S OFFICE (M.C.R.) EXHIBIT "C" 3" MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION BRASS CAP FLUSH, NORTH 1/4 CORNER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 3 WEST P.O.B. (BASIS OF BEARING)