SLID 2025-005 Petition CatClaw-Fully Executed.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

BA Pacific Sun Valley LLC (Catclaw Solar)
SLID-2025-005

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-2025-005” (the “Districr”).

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 2234.08 acres (97316354 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 shown below.

PETITIONER:
Coan
Vv [n]
By: Andrew M. Cohn
Authorized Rep.
Title: Mana 4

STATE OF Aagpote
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County of Hateepta _)

VERIFICATION

Aho! 7. La ha , after being first duly sworn upon oath, deposes and states:
That s/he is the authorized officer/signer of _, BL &- [ae sfius LOLA Le ot L£LE
fand Pétitioner herein; s/he beén 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 Vie Kl Crh before me, the
undersigned notary public, this 7*_ day of (D ly. 2025,

& (tle

Notary Public
(Seal and Expiration Date) f/u foe

AMANDA B. KOWALSKI
Notary Public - Arizona
Maricopa Co. / #663812

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