SLID 2025-010 Miller Marketplace Resolution w. Exhibits SLID CREATION.pdf

City of Buckeye — Regular Council Meeting (2025-10-21)

Extracted text (via pymupdf) 10233 characters

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WHEN RECORDED RETURN TO:
City of Buckeye
ATTN: Lucinda J. Aja, City Clerk
530 East Monroe Avenue
Buckeye, Arizona 85326
RESOLUTION NO. 74-25
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
BUCKEYE, ARIZONA, ORDERING THE WORK AS DESCRIBED IN
RESOLUTION NO. 73-25 AND FORMING CITY OF BUCKEYE STREET
LIGHTING IMPROVEMENT DISTRICT NO. SLID-2025-010; AND ORDERING
THE RECORDING AND FILING OF THIS RESOLUTION.
WHEREAS, on October 21, 2025, the Mayor and City Council of the City of Buckeye,
Arizona (the “City”) passed and adopted Resolution No. 73-25 (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-2025-010 (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-2025-010 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 City Council of the City of Buckeye, Arizona
on the 21st day of October 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. 74-25 was duly passed by the Mayor
and Council of the City of Buckeye, Arizona, at a City Council meeting held on October 21, 2025
and the vote was ___ aye's, ___ nay's, ___ recused, and were absent and that the Mayor and
___ Council Members were present thereat.

DATED: October 21, 2025

Lucinda J. Aja, City Clerk

EXHIBIT A

Legal Description

(consisting of 1 page)

Title:
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35113
MICHAEL E.
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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.

EXHIBIT B

Assessor Parcel Numbers and Owners’ Names

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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

EXHIBIT C

Boundary Map

(consisting of 1 page)

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'
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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)