SLID 2021-002 Petition Veterinary Clinic Miller & Watkins-Fully Executed.pdf

City of Buckeye — Regular Council Meeting (2025-09-02)

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SLID Expansion -- 2021-002 
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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 
 
Miller Watkins LLC 
ANNEXATION TO [SLID-2021-002 
 
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 (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-
2021-002 (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 [2.578 acres (112306 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 parcel 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 (iii) 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 
 
 
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[Signature Pages Follows]

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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 
 
 
 
 
2025,