MID 2025-002 Petition Floreo Village 2 & Teravalis-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
MAINTENANCE IMPROVEMENT DISTRICT
BY THE CITY OF BUCKEYE

FLOREO AT TERAVALIS
MID-2025-002

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 "Pefitioner") respectfully
petitions the Mayor and City Council (the "City Council") of the City of Buckeye, Arizona (the
"City") to order the formation of a residential municipal maintenance improvement district under
the Improvement District Law. In support of this Petition, Waiver and Consent to Formation of a
Maintenance Improvement District by the City of Buckeye (this "Pefition"), the Petitioner agrees
to waive certain rights under the Improvement District Law and hereby consents to the formation
of a residential municipal maintenance 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 Maintenance Improvement District No. MID-2025-002" (the
"District").

2. Area of District. The property comprising the proposed 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. The proposed District consists of an aggregate of [2432.2058 acres
(105,946,885sq. ft.)] 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 providing for
operation, maintenance, repair and improvement of parkings, parkways, retention basins and
detention basins within, adjacent to, or that serve the District, and public landscaping, street
lights, all headwalls, pumps, piping, canals, washes, ditches, storm drain inlets, scuppers, dry
wells, and other adjuncts and appliances related to such parkings, parkways, retention basins and
detention basins. To enhance such purposes the Petitioner grants to the City the public use of all
such parkings, parkways, retention basins and detention basins and access thereto across the
Petitioner's property to carry out all District purposes.

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 annual
special assessment upon all of the non-public real property within the District.

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. Document Requirements. The Petitioner has previously submitted the following
documents to the City's Public Works Department:

a) Street landscaping layout plans.
b) One 24" x 36" copy of the District diagram showing each lot or parcel.

c) A metes and bounds legal description of the District boundary, accompanied by a
list of Assessor's parcel number(s) within the proposed District and a map showing the
District boundary (with back-up material showing that the boundary closes, as
necessary).

The Petitioner or the Petitioner's engineer will submit the following documents to the
City's Development Services Department concurrently with the submission of this fully executed
Petition:

a) Proof of payment of the District application fees.

b) Two 8-1/2" x 11" recordable copies of a legal description of the District boundary
and a map showing the District boundary.

8. 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.

9. 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 the resolution of
intention and the notice of proposed improvements pursuant to A.R.S. § 48-578;

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 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.

10. Expenses. The Petitioner hereby petitions the City Council to provide for the
expenses of the District by assessment of the total sum upon the several lots, each respectively in
proportion to the benefits to be received by each lot within the District, pursuant to A.R.S. § 48-
574(D). 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. The Petitioner
hereby agrees that each non-public parcel within the property proposed to be included in the
District receives the same benefits as each other non-public parcel proposed to be included in the
District.

11. 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.

12. Public_Benefit. The operation, maintenance, repair and improvements of
parkings, parkways, retention basins and detention basins within, adjacent to, or serving the
District is of more than local or ordinary public benefit and the costs and expense thereof should
be charged against the property within the District, all of which will benefit thereby.

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 in Exhibits A, B, and C attached hereto.

14. 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.

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.

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.

[SIGNATURE PAGE FOLLOWS]

PETITIONER:

Teed Cao loa Lite ch iD usb, Compan

Title: \)i@e Pres idert

STATE OF Bas 7. )
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County of Wer. cor )

VERIFICATION

( k ae =e N 1 fel Vs after being first duly sworn upon oath, deposes and states:
That s/he is the authorized officer/signer of [illic / 2 bal bi (Dn Ch. Uc_

» and Petitioner herein; s/hé 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 Cherler reuntlls before me, the
undersigned notary public, this St day of (Y CLA 7 2025-

a
Notary Public

(Seal and Expiration Date)

— Dabbrlaher 9, 2072.

Rebecca L. Walcott
Notary Public
Maricopa County, Arizona
‘Y My Comm. Expires 12-09-28
Commission No. 677840

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