20211206 PETITION FOR 130TH ROAD PAVING WITH SIGNATURES.PDF

Maricopa County — Formal (2022-01-12)

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DO NOT TAKE APART

PETITION FOR
130™ STREET & CHANDLER HEIGHTS ROAD
PAVEMENT IMPROVEMENT DISTRICT

July 2021

Maricopa County

Department of Transportation

Improvement District
2901 W. Durango Street
Phoenix, AZ 85009

Phone: 602-506-8797
Fax: 602-506-5969

wwwancdotmaricopazov PLEASE DO NOT SIGN THIS PETITION UNLESS YOU READ AND UNDERSTAND
ONCE YOU SIGN THIS PETITION, YOUR NAME MAY NOT BE REMOVED

DATE: July 15", 2021
Dear Property Owner:

We have been requested to prepare petition forms and furnish information regarding the formation of
an Improvement District to install local improvements as indicated below:

PROPOSED NAME: 130" Street & Chandler Heights Road Pavement Improvement District
LOCATION: 130" Street, Between Chandler Heights Road & Brooks Farm Road
PROPOSED IMPROVEMENT: Paving of Certain Streets Identified Above for

The proposed paving improvements are outlined on the petition form, EXHIBIT A, ITEM NO. 2. All work
is to be in accordance with the specifications and standards of Maricopa County, and upon completion
of the work, the streets improved will be maintained as part of the County Transportation System. There
are some very important considerations involved in signing the petition:

1. The total cost of the improvements requested, along with incidental costs, shall be borne
by the property owners within the district proportionate to benefit received. Based on recent
experience, it is estimated that an average assessment for street paving could cost $650,000
to $1,600 per acre. The above costs are an ESTIMATE only. The exact assessments can
only be calculated after completion of the project and shall include construction costs, bid
to be lowest/best by a qualified contractor by public competitive bidding; the engineering
costs; plus incidental and administrative costs as allowed and required by state law.

CAUTION... additional costs may emerge for unforeseen conflicts, such as buried utilities, bedrock
below the surface, or realignment of the existing road, or portions thereof, if found to lie outside the

existing or proposed right-of-way. Public right-of-way is required or the improvement. This estimate

does NOT reflect any costs for right-of-way acquisition.

Even though the effect of inflation has been considered in the above estimate, it is possible that the
assessments could be higher due to factors unknown by this office at this time.

THEREFORE, THE BOARD OF SUPERVISORS, OR OTHER OFFICIALS AND EMPLOYEES OF
MARICOPA COUNTY CANNOT GUARANTEE THE ACCURACY OF THE ABOVE ESTIMATE, AND
IT IS NOT TO BE STRICTLY RELIED UPON BY THE PETITIONERS OR ANY PROPERTY OWNERS
WITHIN THE PROPOSED DISTRICT.

Page 1 of 8

If, prior to installation of improvements, the improvement district proceedings are barred by the
people owning a majority of the (acreage or frontage) and subsequently, the proposed work is
abandoned by the district due to change of commitment, or any other reason, all costs incurred,
such as engineering, advertising, etc., shall be borne by the owners of property within the
district and collected on the next available tax roll. For this proposed district, if proceedings are
barred and work abandoned, the costs that would have been incurred are estimated at $25,000
or $806.46 per lot and/or parcel.

If improvement district proceedings progress, an assessment will be placed on every lot/or
parcel within the district. This assessment may be paid for:

(a) By cash, in the time provided, normally 30 days.

(b) By installments of principal and interest, paid semiannually over ten years. (Notice:
installments are not equally split. In either May or November, **one-tenth of the principal and
one-half of the interest on the unpaid balance is due. Therefore, one payment is always
larger than the other. The current interest rate is eight percent (8%).

*“Due date is dependent on when bonds close (generally after completion of construction).
NOTE: Assessments may be made prior to or after the installation of the improvement.

If any assessments become delinquent, the district will sell the property covered by those
assessments to pay off the special assessment bonds.

If after an assessment has gone to bond and an early payoff is desired, in most cases the bond
issued for the assessment can be called to any interest date. There is a five percent (5%)
premium on the unpaid balance that is paid to the bondholder as a premium for an early bond
call. Therefore, an early payoff of an assessment can be accomplished on July 1 or January 1
(payoff received by May 1 or November 1 respectively) and would amount to the unpaid
principal balance PLUS interest to the payoff date PLUS 5% of the unpaid principal balance.
Note, the prepayment of assessment election is statutory, unless specifically stated otherwise in
the Resolution of Intention.

WHO MAY SIGN THE PETITION?

(1) Owners of property within the proposed district.
WHAT CONSTITUTES A SUFFICIENT PETITION?

In order to start the proceedings to form the Improvement District and construct the project, the
petition must be submitted with the signatures of the following:

EITHER a majority of the persons owning real property in the district or the owners of fifty-one
percent (51%) or more of the real property within the district.

And

Owners of a majority of the frontage of properties contained within the limits of a proposed
assessment district.

Page 2 of 8

Itis strongly suggested that a meeting be held to discuss the implications of forming an
improvement district. Our office staff is available from 9:00 am to 7:00 pm, if needed,
Tuesday through Thursday at 2901 W. Durango Street in Phoenix and can meet with you
and your neighbors to help explain these proceedings. If possible, this meeting should
be held prior to obtaining signatures on the petition, but any time prior to filing the
petition would probably be helpful.

To insure proper validation of multiple petition copies that may be filed, please be aware that
while several different could sign AFFIDAVIT NO. 1, only ONE (THE SAME) PROPERTY
OWNER may sign AFFIDAIT NO.2 accompanying each of several petition copies.

The petition may be filed at the Office of Superintendent of Streets, 2901 W. Durango St.,
Phoenix, Arizona 85009. In order for the petition to be valid by policy, it must be returned within
60 days of the date shown on this letter.

In accordance with A.R.S. 48-904, at the time the petition is filed, a bond must be provided by
the petitioners sufficient to pay the expenses connected to the proceedings, in the event the
Board of Supervisors finds that the territory set out in the petition should NOT be incorporated
into an improvement district. The minimum bond that may be filed for this proposed district is
$800.00. If the bond posted is a check, make it payable to the Office of Superintendent of
Streets, Maricopa County.

If there are questions regarding this proposed district, contact Alfred Erives at (602) 506-8797 or
Simon Edwards at (602) 506-8192.

Sincerely,

Sup6rintendent of Streets

Attachment

Page 3 of 8

TO: THE BOARD OF SUPERVISORS OF MARICOPA COUNTY, ARIZONA

RE: PETITION TO ESTABLISH DISTRICT — A.R.S. 48-903 AND PETITION TO INCUR EXPENSE
A.R.S. 48-915 FOR THE 130" STREET PAVEMENT IIVIPROVEMENT DISTRICT.

The petitioners herein respectfully request that the Board of Supervisors proceed, pursuant to the
provisions of Arizona Revised Statutes, 48-901, et seq., as amended to establish the above-referenced
proposed Improvement District and that upon the establishment of said Improvement District, the Board
of Supervisors, in their capacity as Board of Directors of said Improvement District, proceed pursuant to
the provisions of either A.R.S. 48-901, et seq. or 48-981, et seq., as amended, which provisions are
alternative and supplemental to the provisions of 48-901, et seq., as amended, and following, order the
improvement hereinafter set forth, which proceedings will include the incurring of immediate expense or
costs for engineering, legal and/or other incidental services, and inasmuch as the proposed
improvement is of more than local or ordinary public benefit, that the said Board of Directors order the
expense of the improvement chargeable upon an assessment district as is hereinafter set forth. In
support of this petition, the undersigned do hereby represent and show as follows:

The necessity for the proposed improvement district is the making of local improvements by special
assessments in said district issuing bonds for such improvements and the public convenience,
necessity, and welfare will be promoted by the establishment of the district and the property to be
included therein will be benefitted.

That a general outline of the proposed improvement is to make local improvements by special
assessments and the issuance of bonds, suitable for the needs of the district either in one or more
proceedings as the need therefore may arise.

That this petition is signed by either a majority of the persons owning real property within the proposed
Improvement District or by the owners of fifty-one percent (61%) or more of the real property within the
limits of the proposed district.

That this petition is also signed by the owners of a majority of the frontage of property contained within
the limits of a proposed assessment district, the boundaries of which are coincident with the boundaries
of the said Improvement District and which are shown on the said plat attached hereto.

That the said boundaries are described in Item No. 1 of the attached Exhibit “A” and are delineated on
the boundary map attached hereto, which also indicates the approximate area of the district.

That the best interest of said Improvement District and the owners of the land therein situated that
certain improvements be made within the boundaries of said Improvement District, the cost of which is
to be made chargeable upon said assessment district consisting of the improvements as are described
in Item No. 2 of the attached Exhibit “A”.

That in the event this proposed Improvement District is organized by the above-described work is
abandoned by the district, the costs incurred previous to the abandonment (i.e., costs for engineering
legal, and/or other incidental expenses) will, pursuant to current statues, be paid by the district, such
payment to be provided for by the levy and collection of taxes upon all the property real and personal,
in the district, or payment for such costs will be made by any other remedy or law in force at the time of
abandonment.

Wherefore, petitioners pray that the Board of Supervisors set this petition for hearing, direct notice to be
given to interested property owners and upon the hearing, after consideration of any objections that

Page 4 of 8

may be made, enter a formal order declaring its findings, establishing the boundaries and declaring the
Improvement District to be organized.

Further, the petitioners pray, upon its organization, that the Board of Directors of said Improvement
District authorize, direct and commence with proceedings that will facilitate the construction of aforesaid
improvements pursuant to Arizona law.

Respectfully submitted

Page 5 of 8

Exhibit “A”

ITEM NO. 1 (Legal Description)

(See attached boundary map)

ITEM NO. 2 (Activities Contemplated Within District)

The paving of 130" Street, between Chandler Heights Road & Brooks Farm Road.
The improvement will be a maximum for 24-foot wide paved roadway with 6 foot shoulders.

Paving will consist of a minimum of 2-1/2" Asphalt over 6” ABC, or as recommended by the District
Engineer.

There may be extra costs involved for the relocation of existing utilities, right-of-way acquisition, and/or
the removal of obstructions within the rights-of-way.

Driveway tie-ons to the new pavement will be the responsibility of the individual property owners and |
will NOT be bid as part of this proposed improvement district.

Page 6 of 8

AFFIDAVIT FOR VERIFICATION OF PETITION — A.R.S. 48-903 and/or
48-915 (AFFIDAVIT NO. 1 — Signatures Witness)

STATE OF ARIZONA )
)s.s.
COUNTY OF MARICOPA )
,_ Freak SPRNIDER < , being first duly sworn, on oath, depose
and say:

That | am one of the petitioners who signed the foregoing petition; that the facts stated in said
petition are true; that each of the signers of said petition, the best of my knowledge, owns real property
within the limits of the proposed district; that each signature on said petition was affixed in my presence
and is the signer’s genuine signature; and that,

| am the owner of property contained within the proposed improvement district, which property is

subject ta assessmentfar-the activities contemplateg-in the foregoing petition.
DANIELLE BONILLA

Semen Notary Public - State of Arizona

=| (Sarr) J) “MARICOPA COUNTY Ze

Baked gr sues “Signature of Property Owner

Subscribed and sworn to before me this_“t day of Octo pew 20. e[.

—OE=&=©nmnn My Commission Expires: 7 i Z1 | Lwe>
—Ki

Va
AFFIDAVIT OF PROPERTY OWNER REGARDING PETITION TO INCUR EXPENSE
A.R.S. 48-915 (AFFIDAVIT NO. 2 — Sufficient Petition)

STATE OF ARIZONA )
)s.s.
COUNTY OF MARICOPA )
,_ Fagen SANDERS , being first duly sworn, on oath, depose and
say:

That | am one of the petitioners who signed the foregoing petition; that the facts stated in said
petition are true; that each of the signers of said petition, the best of my knowledge, owns real property
within the limits of the proposed district; that each signature on said petition was affixed in my presence
and is the signer’s genuine signature; and that,

| am the owner of property contained within the proposed improvement district, which property is

subject to assessment for the activities conterpplate@ in the foregoing petition.
DANIELLE BONILLA CL
ye

MARICOPA COUNTY Signature of Property Owner

Commission # 610652

oseniber-anteswerriobotare me this t dayof_ October 20 2

ec My Commission Expires: 7 / Z7/ 20. ZS

Page 7 of 8

PROPOSED 130th STREET - CHANDLER HEIGHTS ROAD to BROOKS FARM ROAD
PAVING IMPROVEMENT DISTRICT
BOUNDARY MAP

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address: (304) E. Books Farm Lp
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Name: San icyene SAMOZEE
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CPNOLER, 4) Zz €S2 SF Lot or Parcel No. SO 3-SZ- G 73

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Name: Be rLau aa Che rete. Gragek
Address: }3013 E Brodks FZ Fare 5)

Chandle AZ 55244 Lot or Parcel No. 363 -5a -G]a
Signature: fs Ua, Cryo

FINITE COE ODI ROO TIO OT IAI IIIA IE TESS IHC OC IEC HOS IIE T EI OT ES EIGER TOP I I IODIOH EI TO TACT ACR IIE A IOMES IIIT II ISIE Ir

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Name: Tony Wwiethett+

Address: 13 O cs q EE Povell PI

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Signature:

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Page 8 of 8

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Name: Cl wat EH LAG don Cle) NA

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Address: aal3 (4 S. i230 St Charrcllec SEZ ExaVvY

Lot or Parcel No. _s 303 - GY- O2GA

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Page 8 of 8

PLEASE PRINT NAME AND ADDRESS

Name: p jOTR ST OLA
Address: (2020 E - SAV (AMOS

CMAN DLE, AD 2524 Lot or Parcel No. %05-YY-O2F 4

Signature: 2 se RN x —f

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name Abcaheemn She wa C bobs )

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Name: Warns) Luss,

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KANKREA K Io IERIE GEICO TIA II ATI I A ITO IIR I AIO OCICT I IIR CE I TI TRIO I I I IIR IR IIR PRM BEREIKB IR BR REAAIA

name: JILL WaRLEY Stony,
Address: 23 42 4 | Bot’ ST
C Ha NO Leek AZ BS2449 Lot or Parcel No. bS-44- COOK

Signature: Nhu YS 7 S40

TOI A AA “aml OCIS IOOC COAT IO CCIE OITO TITS ROCIO ISTIC A SOTTO IIIT RE TES OA TO SOCIO ISO I A I IOS I A ADI.

Name: ia “Ane LAT
rates: (300 E Via Da Veeoz
G-tae DLE, At G 5944 Lot or Parcel No. 464, - LE o 4 Z

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Page 8 of 8

PLEASE PRINT NAME AND ADDRESS

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Address: | 3027 £ bs as Plate :
Urandtler N AZ b Say / Lot or Parcel No. BOB = f+ — 02D

Signature:

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Name:

Address:

Lot or Parcel No.

Signature:

FESTA OOD OATES ATES EA JAC UC RTI EOUT EI IOUECOIGIO CIAO IO TIO TAHT ATCO UTTAR ATT TO IARI AO TOIT OBO I

Name:

Address:

Lot or Parcel No.

Signature:

IORI ICCA TOI IIA HORIOD IOI TORIC SOOO IACI TOC AIO ADSI ACA IODA SCTIT ISSIR A I ATR IDI BGA AIA SGOAAT ATRIA AO TO TOSI ARADO IAA

Name:

Address:

Lot or Parcel No.

Signature:

FESSOR IIE TIO IITA II IAGO GUE TAC GCOS OM EICEAIEI AIO IATA TAROT AGORA A TARTAR IA RAITT OER DI I ABODE TARO AIR

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