SLID 2022-001 Petition Encanto 38-Fully Executed.pdf

When Recorded, Return to:

City of Buckeye

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

PETITION, WAIVER AND CONSENT TO INCLUSION OF ADDITIONAL LAND
WITHIN AN EXISTING STREET LIGHTING IMPROVEMENT DISTRICT
BY THE CITY OF BUCKEYE

ENCANTO 38
ANNEXATION TO [SLID-2022-001)

To: | Honorable Mayor and Councilmembers City of Buckeye, Arizona

Pursuant to Arizona Revised Statutes ("4.R.S.") Title 48, Chapter 4, Article 2 (the
"Improvement District Law"), the undersigned property owner (the "Petitioner") respectfully
petitions the City Council of the City of Buckeye, Arizona ("City Council") to order the
enlargement of the existing City of Buckeye Street Lighting Improvement District No. [SLID-
2022-001] (the "District") under the Improvement District Law. In support of this Petition, Waiver
and Consent to Inclusion of Additional Land within an Existing 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 annexation and inclusion of the land
shown on [Exhibits A, B, and C] to be annexed into the District.

1. Area to be Added to District. The property comprising the proposed addition to the
existing District is described by a legal description, Assessor's parcel number and a map or plat of
the area, all as set forth in Exhibits A, B, and C, attached hereto and incorporated herein by this
reference. The proposed enlarged District consists of an aggregate of [39.936 acres (1739624
square feet)] and is entirely within the corporate boundaries of the City of Buckeye, Arizona (the
"City"). The Petitioner respectfully requests that the land described and depicted on Exhibits A, B,
and C be annexed into and become 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 Assessor's parce] number set forth in Exhibit B conflict with Exhibit C, Exhibit C shall govern.

2. Authority. The Petitioner is the sole owner of all non-public real property within
the area proposed to be annexed to the District.

3. Purpose. The District was formed solely for the purchase of energy for lighting the
streets and public parks within and adjacent to the District.

4. Public Convenience and Necessity. The necessity for the enlargement of the
District is the purchase of energy for lighting the streets and public parks within the proposed

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enlarged District by the levying of an annual ad valorem tax or by an equal apportionment of taxes
upon all of the non-public real property of the District as provided in A.R.S. § 48-616(C).

5. Payment of Costs by Petitioner. The Petitioner agrees to pay the costs and expenses
of operation, repair and energy for street lighting within and surrounding the proposed addition to
the District that operate prior to July 1, 2025, because the District will not be able to levy taxes for
such expenses of the area added to the District prior to the City's fiscal year 2025/2026. Tax
collections of taxes levied on the addition to be annexed to the District will not be posted to the
City until on or about July 1, 2025, and the City does not expect to receive taxes from the property
described and depicted in Exhibits_A, B, and C before November 1, 2025.

6. Reimbursement. The Petitioner agrees to reimburse the City for all reasonable legal
and engineering fees and costs incurred by the City with respect to the enlargement of the District.

7. Expansion of or Annexation to the District. The Petitioner waives any objections
to, or protest against, 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 that resulted in or will result in the
adoption of the Resolution of Intention, the Resolution Forming the District, and the
Resolution(s) Enlarging the District, or any Notices pertaining thereto;

b) Any necessity for publication, posting, or mailing of the Resolution(s) Enlarging
the District, Notices of Proposed Improvements, or Notices described in A.R.S. §§ 48-
574(J) and 48-616(M);

c) All protest rights whatsoever under A.R.S. §§ 48-579(A)-(B) and 48-616(M),
which provide for protests against the work or objections to the extent of the enlargement
of the District; and

d) Any necessity for any notice or hearing with respect to land owned by
the Petitioner now within the District or within the property comprising the proposed

addition to the District.

9. Fees. The Petitioner has paid, or will pay, any and all District application fees.

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10. | Equal Apportionment. The Petitioner hereby petitions the City Council to equally
apportion the District's annual taxes based on the number and classifications of properties within
the proposed enlarged District pursuant to A.R.S. § 48-616(J).

11. | Waiver. This Petition shall also 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 proposed addition to 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.

12. Public Benefit. The purchase of energy to operate street lighting improvements
within the area to be annexed is of more than local or ordinary public benefit.

13. 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 and depicted in Exhibits A, B, and C.

14. Authority to Sign Petition. The individual signing this Petition represents and
warrants to the City that he 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 (111) agree to hold
the City harmless for, from and against any claims in connection with the formation or enlargement
of the District.

15. 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.

PROPERTY: See attached Exhibits A, B, and C

[Remainder of Page Intentionally Left Blank]

{Signature Pages Follows]

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IN WITNESS WHEREOF, the undersigned authorized representative has executed this
Petition as of the 24" day of June, 2025.

WSD-NN Jackrabbit Encanto LLC, a Delaware limited liability company

James R. Wentworth

Its: | Manager

STATE OF Arizona)
) ss.
County of Maricopa)

VERIFICATION

James R. Wentworth, after being first duly sworn upon oath, deposes and states:
That I am the authorized signer of WSD-NN Jackrabbit Encanto LLC, a Delaware limited liability
company; I have been duly authorized to sign this Petition and make this Verification in that
capacity; that I have read the foregoing Petition, and I know the contents thereof to be true.

SUBSCRIBED AND SWORN TO by James R. Wentworth before me, the undersigned notary
public, this 24 day of June, 2025.

<4

Notary Public State of Arizona

Maricopa Sota n
hanie Gordo’
Me Lee eslon Expires 6/16/2027

Commission Number 650333

Notary Pul c
(Seal and Expiration Date)

[SIGNATURES CONTINUE ON FOLLOWING PAGES]

Page 4 of 5

IN WITNESS WHEREOF, the undersigned authorized representative has executed this
Petition as of the 9th day of _July , 2025.

Encanto 2020 LLC, a Delaware limited liability company

By: \ ——
Its: Authorized Signatory
STATE OF _Atizona )
. ) ss.
County of __ Maricopa )
VERIFICATION
Dusty Lane , after being first duly sworn upon oath, deposes and
states:

That I am the authorized signer of Encanto 2020, LLC
; I have been duly authorized to sign this Petition and make this Verification in that capacity;
that I have read the foregoing Petition, and I know the contents thereof to be true.

SUBSCRIBED AND SWORN TO by _Dusty Lane before me, the
undersigned notary public, this_9th day of __ July , 2025.

Dy OLIVIA Il. BELLATO
Hx)\@\ Notary Public - Arizona
=! MARICOPA COUNTY

ks/ Commission # 643581 .
Expires March 15, 2027

Notary Public
(Seal and Expiration Date)

[SIGNATURES CONTINUE ON FOLLOWING PAGES]

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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

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