Resolution 41-25 - Intention of SLID Formation - Hayden Estates-2025-0701 (FINAL).pdf
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WHEN RECORDED, RETURN TO: City of Buckeye ATTN: City Clerk, Lucinda J. Aja 530 East Monroe Avenue Buckeye, Arizona 85326 RESOLUTION NO. 41-25 RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF BUCKEYE, ARIZONA, ACCEPTING A PETITION, WAIVER AND CONSENT FOR FORMATION OF A STREET LIGHTING IMPROVEMENT DISTRICT; DECLARING ITS INTENTION TO FORM A _ STREET LIGHTING IMPROVEMENT DISTRICT; DESIGNATING SUCH DISTRICT AS THE “CITY OF BUCKEYE STREET LIGHTING IMPROVEMENT DISTRICT NO. SLID-2025-007”; PROVIDING FOR THE ANNUAL LEVY OF TAXES OR ASSESSMENTS EQUALLY APPORTIONED UPON ALL OF THE NON- PUBLIC PROPERTY OWNERS IN THE DISTRICT TO PURCHASE ENERGY FOR THE LIGHTING OF PUBLIC STREETS AND PARKS WITHIN AND ADJACENT TO THE DISTRICT; AND ORDERING THE RECORDING AND FILING OF THIS RESOLUTION. BE IT RESOLVED by the Mayor and Council of the City of Buckeye, Arizona, as follows: Section 1. Acceptance and Findings. A Petition for the formation of the City of Buckeye Street Lighting Improvement District No. SLID-2025-007 to purchase (and not generate) energy for street and public park lighting within the District and streets adjacent thereto has been filed with the Clerk and presented to the Mayor and Council at the meeting at which this Resolution was adopted. The Petition is accepted. The Petition purports to be signed by all the non-public real property owners in the proposed District, exclusive of mortgagees and other lienholders. After verification of such ownership, the Mayor and Council finds that the Petition was signed by all the real property owners in the proposed District, exclusive of mortgagees and other lienholders or the owners of any Public Property. Section 2. Definitions. In this Resolution, the following terms shall have the following meanings: “APS” shall mean the Arizona Public Service Company. “City” shall mean the City of Buckeye, Arizona. “Clerk” shall mean the Clerk of the City, located at 530 East Monroe Avenue, Buckeye, Arizona 85326. “Director” shall mean the Director of the Arizona Department of Revenue. “District” shall mean the City of Buckeye Street Lighting Improvement District No. SLID- 2025-007, as described by the legal description, Assessor's parcel number, and map in Exhibits A, B, and C, attached hereto and incorporated by reference herein. “Governing Body” shall mean the Mayor and Council of the City of Buckeye. 1 “Incidental Expenses” shall mean the costs of posting, publication, mailing, recording, engineering and legal fees with respect to the formation of the District and the annual levy of taxes. “Petition” shall mean the Petition, Waiver, and Consent to Formation of a Street Lighting Improvement District by the City of Buckeye, requesting formation of the District, on file in the Clerk’s office. “Public Property” shall mean any lot or parcel belonging to the United States; the state of Arizona (the “State”); any county, city, town, school district or political subdivision; or any institution of the State or county that is physically located within the District, including without limitation any public street, avenue, alley or public easement located within the District hereinafter dedicated to public use. “Street Lighting System” shall mean all publicly owned street and traffic lights and all wire, apparatus and other facilities now in place or hereafter constructed or acquired for the lighting of public streets and parks within the District and on streets adjacent to the District. “Work” shail mean the purchasing of energy for the operation of the Street Lighting System. Section 3. Declaration of intention to Order Formation of the District. The public interest and convenience require, and it is the intention of the Governing Body to order the Work through formation of the District pursuant to A.R.S. Title 48, Chapter 4, Article 2. The District’s sole purpose shall be the purchase, not generation, of energy to operate the Street Lighting System, including as it is hereafter modified or enlarged. The District shall encompass the property described in Exhibits A, B, and C, attached hereto. The Assessor’s parcel numbers 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 5 of this Resolution. For purposes of this Resolution and of all resolutions, ordinances and notices pertaining hereto, the District shall be known as and his hereby designated as “City of Buckeye Street Lighting Improvement District No. SLID-2025-007.” Section 4. Statutory Authority; Payment of Incidental Expenses. All proceedings pertaining to the District shall be done under and as authorized by A.R.S. Title 48, Chapter 4, Article 2, and all amendments thereto including, without limitation, A.R.S. §§ 48-616 and -617. All Incidental Expenses shall become the obligation of the District. Section 5. Excluded Property. No Public Property or property owned by a homeowners’ association will be liable to pay any portion of the District's costs and expenses. Additionally, any public streets, avenues, alleys, or public easements hereafter dedicated to public use shall become exempt after such dedication. Section 6. Protests and Objections to Extent of District. In the Petition, the signer has made written consents and waivers pertaining to the ordering of the Work and to the formation of the District and has specifically waived all protests against formation of, and objections to, the extent of the District. City staff has verified that all non-public real property owners within the District have signed the Petition, and the Governing Body finds as a fact that all non-public property owners within the District have signed such Petition. Therefore, pursuant 2 to A.R.S. § 48-617(A), no publication, mailing or posting of any notice pertaining to formation of the District will be made. Section 7. Engineer’s Estimate, Plans and Specifications. As financing for the acquisition and construction of the initial Street Lighting System has been, or will be, provided, the District’s sole purpose will be to purchase, and not generate, energy to operate the Street Lighting System. No engineer’s estimate, plans, or specifications have been filed with the Clerk. In the Petition, all owners of land within the District specifically waived the filing of an engineer's estimate, plans or specifications. Section 8. Determination of Type of Lighting and Consideration of the Rate to be Paid. The type of lighting shall be the type now in place within the District, to be operated nightly from dusk to dawn, or such other lighting facilities as may be acquired in the future by the City or some other entity for use within the District. The District's costs and expenses of purchasing energy for the operation of the Street Lighting System are subject to change due to inflation, new construction, new technology, updated APS rate schedules as approved by the Arizona Corporation Commission, updated APS or City specifications as approved by the City Engineer, or acquisition of additional portions of the Street Lighting System. Section 9. Recordation. A certified copy of this Resolution shail be recorded in the office of the Maricopa County Recorder within ten (10) days of its adoption to give notice of formation of the District, as required by A.R.S. § 48-574(M). Section 10. Extension for Filing. If either the formation of the District occurs after November 1 of the year preceding the year in which initial assessments are to be levied, or the resolution ordering the Work is not filed with both the Arizona Department of Revenue 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 Arizona Department of Revenue extend the deadline prescribed by A.R.S. § 42-17257 to December 20, 2025. PASSED AND ADOPTED by the Mayor and Council of the City of Buckeye, Arizona, on this 18 day of July 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 |, 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. 41-25 was duly passed by the Mayor and Council of the City of Buckeye, Arizona, at a City Council meeting held on July 1, 2025 and the vote was aye's, nay's, recused, and were absent and that the Mayor and ____ Council Members were present thereat. DATED: July 1, 2025. Lucinda J. Aja, City Clerk EXHIBIT A Legal Description (consisting of 7 page) EXHIBIT A LEGAL DESCRIPTION FOR THE CITY OF BUCKEYE STREET LIGHT IMPROVEMENT DISTRICT NO. SLID-2025-007, HAYDEN ESTATES LEGAL DESCRIPTION A PORTION OF LAND IN THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 3 WEST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND BRASS CAP IN HAND HOLE BEING THE SOUTHWEST CORNER OF SAID SECTION 19, THENCE SOUTH 89°20'16” EAST 683.01 FEET, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 19, TO THE POINT OF BEGINNING. THENCE NORTH 0°39'44” EAST, 849 72 FEET; THENCE NORTH 30°18'22” EAST, 218.52 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT, CONCAVE SOUTHERLY, HAVING A RADIUS BEARING SOUTH 13°19'40” WEST 625.05 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, 38.78 FEET THROUGH A CENTRAL ANGLE OF 3°33'17"; THENCE NORTH 80°13'38” WEST, 434.49 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT, CONCAVE SOUTHERLY, HAVING A RADIUS BEARING SOUTH 9°46'22” WEST 765.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, 120.24 FEET THROUGH A CENTRAL ANGLE OF 9°00'21”; THENCE NORTH 89°13'59” WEST, 123.69 FEET; THENCE SOUTH 45°28'30” WEST, 42 21 FEET; THENCE NORTH 89°49'01” WEST, 60.00 FEET; THENCE NORTH 0°10'S9” EAST, 1318.53 FEET ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 19; THENCE SOUTH 80°15'09” EAST, 1682 35 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT, CONCAVE NORTHERLY, HAVING A RADIUS BEARING NORTH 11°07'20” EAST 1060.49 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, 249.13 FEET THROUGH A CENTRAL ANGLE OF 13°27'35” THENCE NORTH 88°38'09” EAST, 732.41 FEET; THENCE SOUTH 0°08'04” EAST, 2157.97 FEET ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 19; THENCE NORTH 89°20'16” WEST, 1968.04 FEET ALONG THE SOUTH LINE OF THE SCUTHWEST QUARTER OF SAID SECTION 19 TO THE POINT OF BEGINNING. CONTAINING 5,127,662.92 SQUARE FEET OR 217.71 ACRES, MORE OR LESS. Sta ntec EXHIBIT B Assessor Parcel Numbers and Owners’ Names (consisting of 1 page) EXHIBIT B ASSESSOR PARCEL NUMBERS FOR THE CITY OF BUCKEYE STREET LIGHT IMPROVEMENT DISTRICT NO. SLID-2025-007, HAYDEN ESTATES ASSESSOR PARCEL NUMBER OWNER 504-26-009E PULTE HOME COMPANY LLC 504-26-009F CASTLEROCK LAND LLC EXHIBIT C Boundary Map (consisting of 1 page) EXHIBIT C BOUNDARY MAP FOR THE CITY OF BUCKEYE STREET LIGHT IMPROVEMENT DISTRICT NO. SLID-2025-007, HAYDEN ESTATES LINE/CURVE DATA TABLE . | BEARING/DELTA | RADIUS | LENGTH | TANGENT 33317" 625.05 | 38.78 19.40 9°00'21" 765.00 | 120.24 60.25 13'27'35" 1060.49 | 249.13 | 125.14 N30°18'22°E 218.52 N8013'38"W 434.49 N89°13'59"W 123.69 $45'28'30"W 42.21 N89°49'01"W $80'15'09" Yj} 882 3 C3__NB8'38'09"E | E NO0%10'59"E $00°08’04”E SECTION 19, TIN, R3W FOUND BRASS CAP SOUTH QUARTER CORNER SECTION 19, TIN, R3W FOUND BRASS CAP IN HAND HOLE SOUTHWEST CORNER IN HAND HOLE $89°20'16" 683.01’ N89'20'16"W BROADWAY r