2019-001 SLID - Petition - Expansion SWC 247th and Yuma Final.pdf
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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.
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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.
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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
[Remainder of Page Intentionally Left Blank]
[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