2019-001 SLID - Petition - Expansion SWC 247th and Yuma Final.pdf

City of Buckeye — Regular Council Meeting (2025-05-20)

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2019-001 SLID Expansion  -- Yuma Self Storage 
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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 
 
YUMA SELF STORAGE 
ANNEXATION TO SLID-2019-001 
 
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 owners (the "Petitioners") respectfully 
petition 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-2019-001 (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 Petitioners agree to waive certain rights under the 
Improvement District Law and hereby consent 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 properties comprising the proposed addition to 
the existing District are  described by a legal description, Assessor's parcel numbers and a map or 
plat of the areas, 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 6.396 acres (278618 
square feet) and is entirely within the corporate boundaries of the City of Buckeye, Arizona (the 
"City"). The Petitioners respectfully request 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 numbers 
set forth in Exhibit B are for convenience only. Should either the legal description set forth in 
Exhibit A or Assessor's parcel numbers set forth in Exhibit B conflict with Exhibit C, Exhibit C 
shall govern. 
 
2. 
Authority. The Petitioners are  the sole owners 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.

2019-001 SLID Expansion  -- Yuma Self Storage 
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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 
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 Petitioners agree 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, 2026, 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 2026/2027. 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, 2026, and the City does not expect to receive taxes from the property 
described and depicted in Exhibits A, B, and C before November 1, 2026. 
 
6. 
Reimbursement. The Petitioners agree 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 Petitioners waive any objections 
to, or protest against, future enlargement or enlargements of the District and also waive 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 Petitioners further waive any 
objection to, or protest against, the consolidation of the District with any other similar district or 
districts. 
 
 
8. 
Waiver and Consent. The Petitioners, with full knowledge of their  rights being 
waived hereunder, hereby expressly waive: 
 
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 
Petitioners now within the District or within the property comprising the proposed addition 
to the District. 
 
 
9. 
Fees. The Petitioners  have paid, or will pay, any and all District application fees.

2019-001 SLID Expansion  -- Yuma Self Storage 
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10.
Equal Apportionment. The Petitioners hereby petition 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 Petitioners who hereafter own or have an interest in the 
properties described and depicted in Exhibits A, B, and C. 
14.
Authority to Sign Petition.  The individuals signing this Petition represent and
warrants to the City that  they   are  duly authorized to (i) sign the Petition to form or enlarge the 
District, as applicable; (ii) bind the Petitioners to the matters set forth in this Petition; and (iii) bind 
the Petitioners 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 ___________, 20___,  
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