A. AMENDED AND RESTATED IRRIGATION PIPELINE EASEMENT.PDF

MARICOPA COUNTY
Real Estate Department
INTEROFFICE MEMORANDUM
Date: October 31, 2019
To: Michelle May
From: Shirley Seeley
Subject: Amended and Restated Irrigation Pipeline Easement
Please present the attached Amended and Restated Irrigation Pipeline Easement before the Board of
Directors at the next informal Board meeting. Once, executed, please return to me for recording
with other documents.
Tha
/Enclosure Amended and Restated Irrigation Pipeline Easement
2801 West Durango Street Phoenix, Arizona 85009 Phone: 602-506-4648 Fax: 602-506-4161

When recorded, return to:
Flood Control District of
Maricopa County
2801 West Durango Street
Phoenix, AZ 85009 (ss)
EXEMPT ARS § 11-1134, A2
C-69-19-034-6-01
AMENDED AND RESTATED IRRIGATION PIPELINE EASEMENT
Project: 565.04 Durango Regional Outfall
FCD Parcel No.: A010.004
APN: 101-25-003A, 003B, 003C
This non-exclusive Amended and Restated Irrigation Pipeline Easement (the "Easement") is
entered into this day of , 2019, by and between the following parties, and
shall become effective upon acceptance by the Board of Directors of the Flood Control District of
Maricopa County. This Easement amends and replaces, in its entirety, that certain Irrigation
Pipeline Easement (Park Forest), recorded on January 22, 2018, in the Official Records of
Maricopa County, Arizona, at Instrument No. 20180050864.
GRANTOR: PARK FOREST 283, LLC, a Delaware limited liability company
GRANTEE: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a
political subdivision of the State of Arizona
In consideration of the mutual covenants contained herein, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, GRANTOR does
hereby grant and convey to GRANTEE, its successor and/or assigns, the non-exclusive,
perpetual right, easement and privilege, but not the obligation, to access, use, inspect, maintain,
repair and replace an underground irrigation water delivery system and all necessary and
appurtenant facilities related thereto (collectively, the "Irrigation Pipeline") over, under and across
that certain real property situated in Maricopa County, Arizona, more particularly described on
EXHIBIT "A" and depicted on "EXHIBIT "B" attached hereto and incorporated herein by this
Page 1 of 7

Project: 565.04 Durango Regional Outfall
FCD Parcel #: A010.004
APN: 10I-25-003A, 003B, 003C
reference (the "Easement Area"). GRANTOR shall have the right to landscape the ground of the
Easement Area with grass and other small plants, but such landscaping shall not interfere with the
use of the Easement Area by GRANTEE.
GRANTEE agrees to indemnify GRANTOR for all direct damages to the real property, personal
property, or physical injury to persons on the property of GRANTOR, as described in Exhibit
"A", caused by or arising from the willful misconduct or gross negligence of the activities of
GRANTEE, its officers, employees, agents or contractors in the exercise of GRANTEE'S rights
pursuant to the terms of this Easement. The parties agree and acknowledge that in no event shall
GRANTEE owe, or be obligated to pay, any amounts which GRANTOR has no obligation to pay
or has not actually paid, whether due to inability to pay or due to having entered into an agreement
or arrangement that provides GRANTOR has no obligation to pay, regardless of GRANTEE'S
ability to pay or due to any other reason, including but not limited to liabilities for which a covenant
not to execute has been provided to GRANTOR, or any other agreement where liabilities are
created with no obligation on the part of GRANTOR to pay.
This Easement and the rights granted to GRANTEE herein constitute a covenant running with the
land for the benefit of GRANTEE and shall be binding upon GRANTOR, its successors and
assigns.
NOW THEREFORE, in consideration of the same and further consideration here within set forth,
this Agreement contains all of the provisions between the parties hereto.
Page 2 of 11

GRANTOR:
PARK FOREST 283, LLC
a Delaware limited liability company
By: Builder Capital, LLC
a Delaware limited liability company
Its: Manager
By: Arizona Crowns Nest Ventures, LLC,
an Arizona limited liability company
Its: Manags
By:
William So Oral, Sole Member
The foregoing instrument was acknowledged before me this 0 day of #(10 her 2019,
by William Southworth, the Sole Member of Arizona Crows Nest Ventures, LLC, an Arizona
limited liability company, the Manager of Builder Capital, LLC, a Delaware limited liability
company, the Manager of PARK FOREST 283, LLC, A Delaware limited liability company for
and on behalf thereof.
My Commission Expires A 4,446
Notary Public (nature
KIMBERLY D. CRISP
Notary Public
Anne Arundel County
Maryland
My Commission Expires Aug. 25, 2020
Page 3 of 11

CONCUR:
PARK FOREST HOMEOWNERS ASSOCIATION,
an Arizona non-profit corporation
By:
Angela Kent, Its Director
STATE OF ARIZONA )
)ss.
COUNTY OF MARICOPA )
Before me, /UV L -11 VIVP hrtl Notary Public in and for said County, State of
Arizona, on this day personally appeared gela Kent, known to me to be the person whose name
is subscribed to the forgoing instrument as Director of PARK FOREST HOMEOWNERS
ASSOCIATION, an Arizona non-profit corporation in the foregoing instrument,
Given under my hand and seal of the office this day of DO__401D.Q.K , 2019.
My commission expires:
JANELLE HUMPHREY
t; Notary Maricopa Public County • Arizona Nataril Public (signathre
.4-At....:_.F., Commission a 564786
".•!-J9 ,1 . My Comm. Expires Jun 12, 2023
jimpoop.spospwwwwwwqrwmorwmi
Page 4 of 11

SENIOR LENDER
CONSENT TO EASEMENT
KNOW ALL MEN BY THESE PRESENTS;
THAT, WHEREAS, FLAGSTAR BANK, FSB, a federally chartered savings bank has an interest
in the herein described real property, such interest being evidenced by that certain Deed of Trust,
Assignment of Leases and Rents, Security Agreement and Fixture Filing dated October 4, 2018,
and recorded October 5, 2018 as Document No. 2018-0749682, records of Maricopa County,
Arizona; and
WHEREAS, FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a political subdivision
of the State of Arizona proposes to be the recipient of a grant and conveyance of Easement across
the ground embraced within a parcel of land situated in the county of Maricopa, State of Arizona
and more particularly described as Exhibit "A" and Exhibit "B" herein.
NOW THEREFORE, the undersigned Beneficiary, being by this instrument duly authorized, does
hereby consent and subordinate to the conveyance of said Easement and right of way and agrees
that any sale, conveyance, transfer, assignment of encumbrance shall be subject to the Flood
Control District of Maricopa County, its successor and/or assigns permanent Easement and right
of way over and across the herein described land.
FLAGSTAR BANK, FSB,
a federally chartegLtayings bank
By:
Name: 041 set-S
Title: 1117
STATE OF Cc o (J
COUNTY OF c%) 0 1,u;
Before me, , Li 4:16L rt , Notayy Public in and for said County. State of
Cr. 0 to L(6744. , on this day personally appeared ett:6 , known ; to me to be
the person whose name is subscribed to the forgoing instrument as V ite scideht in the
foregoing instrument.
Given under my hand and seal of the office this 1P day of 0/Thep-- , 201 (ri
Notary Public (signature)
USA R BROWN
NOTARY PUBLIC
STATE OF COLORADO
MY COMMISSION NOTARY EXPIRES ID 20314028396 OCTOBER 23, 2021 Page 5 of 11

JUNIOR LIEN HOLDER
CONSENT TO EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, FANFOL PROPERTIES CORPORATION, a Nevada corporation has an
interest in the herein described real property, such interest being evidenced by that certain
Memorandum of Deferred Consideration Obligation and Creation and Confirmation of Lien, dated
March 14, 2018 and recorded March 14, 2018 as Document No, 2018-0193393, records of
Maricopa County, Arizona; and
WHEREAS, FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a political subdivision
of the State of Arizona proposes to be the recipient of a grant and conveyance of Easement and
Agreement across the ground embraced within a parcel of land situated in the county of Maricopa,
State of Arizona and more particularly described as Exhibit "A" and Exhibit "B" herein,
NOW THEREFORE, the undersigned Junior Lienholder, being by this instrument duly authorized,
does hereby consent and subordinate to the conveyance of said Easement and right of way and
agrees that any sale, conveyance, transfer, assignment of encumbrance shall be subject to the Flood
Control District of Maricopa County its successor and/or assigns permanent Easement and right
of way over and across the herein described land.
FANFOL PROPERTIES CORPORATION,
a Nevada corporation
By:
Name: David Beckham
Title: President gipiardll646.0•411I100646.111116•11111.416411IAP
MARY M CRONIN
STATE OF leo (3,4 Notary Maricopa Public County - Arizona
My Comm. Expires Dec B. 2020
COUNTY OF 04--/e, (60 6/1- A-Rs...arisr.movisrmiamsp-ise•garmormirmr*b
Before me, /(4-Al /4/ , Notary Public in and for said County, State of
on this day personally appeared David Beckham, known to me to be the person.
whose name is subscribed to the forgoing instrument as President of Fanfot Properties Corporation,
a Nevada corporation, in the foregoing instrument.
Given under my hand and seal of the office this 7 6-day of 10C.,4 CPA' , 2019,
My commission expires: /02:46
Page 6 of 11

OPTIONEE BUILDER
CONSENT TO EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, GWH PARK FOREST, LLC, an Arizona limited liability company
("Builder") has an interest in the herein described real property, such interest being evidenced by
that certain Memorandum of Option Agreement, dated March 14, 2018 and recorded March 14,
2018 as Document No. 2018-0193394, records of Maricopa County, Arizona; and
WHEREAS, FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a political subdivision
of the State of Arizona proposes to be the recipient of a grant and conveyance of Easement and
Agreement across the ground embraced within a parcel of land situated in the county of Maricopa,
State of Arizona and more particularly described as Exhibit "A" and Exhibit "B" herein.
NOW THEREFORE, the undersigned Builder, being by this instrument duly authorized, does
hereby consent and subordinate to the conveyance of said Easement and right of way and agrees
that any sale, conveyance, transfer, assignment of encumbrance shall be subject to the Flood
Control District of Maricopa County its successor and/or assigns permanent Easement and right
of way over and across the herein described land.
[Balance of Page Left Intentionally Blank. Signature(s) on Following Page]
Page 7 of 11

GWH PARK FOREST, LLC,
an Arizona limited liability company
By: GWH Holdings, LLC, an Arizona
limited liability company, Manager
By: ZKL, LLC, a Wyoming
limited liability company, Manager
By: BP 2305 Enterprises, LLC,
a Nevada limited liability r, company, Manager
STATE OF ARIZONA
)ss.
COUNTY OF .Maricopa )
The foregoing instrument was acknowledged before me this day of October, 2019,
by Jacob S. Walker, the Manager of BP 2305 Enterprises, LLC, a Nevada limited liability
company, the Manager of ZKL, LLC, a Wyoming limited liability company, the Manager of GWH
Holdings, LLC, an Arizona limited liability company, as Manager of GWH PARK FOREST, LLC,
an Arizona limited liability company for and on behalf thereof.
Given under my hand and seal of the office this L. r‘k day of 06-oho , 2019.
My commission expires:
JANELLE HUMPHREY
Notary Public Arizona
Maricopa County
Commission rt 564786
My Comm. Expires Jun 12, 2023
Page 8 of 11

OPTIONEE BUILDER'S AFFILIATE
CONSENT TO EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, GARRETT WALKER HOMES, LLC, an Arizona limited liability company
("Builder's Affiliate") has an interest in the herein described real property, such interest being
evidenced by that certain Memorandum of Option Agreement, dated March 14,2018 and recorded
March 14, 2018 as Document No. 2018-0193394, records of Maricopa County, Arizona; and
WHEREAS, FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a political subdivision
of the State of Arizona proposes to be the recipient of a grant and conveyance of Easement and
Agreement across the ground embraced within a parcel of land situated in the county of Maricopa,
State of Arizona and more particularly described as Exhibit "A" and Exhibit "B" herein.
NOW THEREFORE, the undersigned Builder's Affiliate, being by this instrument duly
authorized, does hereby consent and subordinate to the conveyance of said Easement and right of
way and agrees that any sale, conveyance, transfer, assignment of encumbrance shall be subject to
the Flood Control District of Maricopa County its successor and/or assigns permanent Easement
and right of way over and across the herein described land.
[Balance of Page Left Intentionally Blank. Signature(s) on Following Pagel
Page 9 of 11

GARRETT WALKER HOMES, LLC,
an Arizona limited liability company
By: GWH Holdings, LLC, an Arizona
limited liability company, Manager
By: ZKL, LLC, a Wyoming
limited liability company, Manager
By: BP 2305 Enterprises, LLC,
a Nevada limited liability cOnpany, Manager
STATE OF ARIZONA
)ss.
COUNTY OF Maricopa
The foregoing instrument was acknowledged before me this 04, day of October, 2019,
by Jacob S. Walker, the Manager of BP 2305 Enterprises, LLC, a Nevada limited liability
company, the Manager of ZKL, LLC, a Wyoming limited liability company, the Manager of GWH
Holdings, LLC, an Arizona limited liability company, as Manager of GARRETT WALKER
HOMES, LLC, an Arizona limited liability company for and on behalf thereof.
Given under my hand and seal of the office this a day of Dekb2 , 2019.
My commission expires:
JANELLE HUMPHREY
Notary Public - Arizona
Maricopa County
Commission 4 564786
My Comm. Expires Jun 12, 2023
Page 10 of 11

GRANTEE:
RECOMMENDED FOR APPROVAL: APPROVED AND ACCEPTED:
FLOOD CONTROL DISTRICT BOARD OF DIRECTORS OF
OF MARICOPA COUNTY FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
vt./
Michlel A, Fulton Chairman of the Board
Director
ATTEST:
Michelle Colby, SR/WAL Date
Director, Real Estate Department
Clerk of the Board
Date:
STATE OF ARIZONA
)ss.
COUNTY OF MARICOPA )
Before me, , Notary Public in and for said County, State of
Arizona, on this day personally appeared , known to me to be the person
whose name is subscribed to the for going instrument as Chairman of the Board of the Political
Subdivision in the foregoing instrument.
Given under my hand and seal of the office this day of ,201_.
Notary Public (signature)
APPROVED AS TO FORM and within the
powers and authority granted under the laws
Of the State of Arizona and Maricopa County
Floofd ontrol District General Counsel Date
Page 11 of 11

EXHIBIT "A"
Legal Description of Easement Area
That part of the Northwest Quarter of Section 20, Township 1 North, Range 1 East, of
the Gila and Salt River Meridian, Maricopa County, Arizona, more particularly described
as follows:
Commencing at the 1" iron Pipe in a handhole marking the North Quarter Corner of said
Section 20, from which the Brass Cap flush marking the Northwest Corner of said
Section 20 bears South 89°49'14" West, a distance of 2593.64 feet;
Thence South 00°42'33" East, along the North-South Mid-Section line of said Section
20, a distance of 59.00 feet to the True Point of Beginning;
Thence continuing along said North-South Mid-Section line, South 00°42'33" East, a
distance of 1,270.57 feet to a point on the South line of the North half of the Northwest
Quarter of said Section 20;
Thence South 89°50'18" West, along said South line, a distance of 1,368.85 feet;
Thence North 00 009142" West ; departing said South line, a distance of 10.00 feet to a
point on a line which is parallel with and 10.00 feet Northerly, as measured at right
angles, from the South line of the North half of the Northwest Quarter of said Section
20;
Thence North 89 050'18" East, along said parallel line, a distance of 1,358,75 feet to a
point on a line which is parallel with and 10.00 feet Westerly, as measured at right
angles, from the North-South Mid-Section line of said Section 20;
Thence North 00042 133" West, along said parallel line, a distance of 1,219.57 feet to a
point on a line which is parallel with and 100.00 feet Southerly, as measured at right
angles, from the North line of the Northwest Quarter of said Section 20;
Thence South 890491 14" West, along said parallel line, a distance of 15.00 feet to a
point on a line which is parallel with and 25,00 feet Westerly, as measured at right
angles, from the North-South Mid-Section line of said Section 20;
Thence North 00°42 133" West, along said parallel line, a distance of 45,00 feet to a point
on a line which is parallel with and 55.00 feet Southerly, as measured at right angles,
from the North line of the Northwest Quarter of said Section 20;
Thence North 89°49'14" East, along said parallel line, a distance of 9.00 feet;

Thence South 45°26'39" East, departing said parallel line, a distance of 5.68 feet to a
point on a line which is parallel with and 59.00 feet Southerly, as measured at right
angles, from the North line of the Northwest Quarter of said Section 20;
Thence North 89 04914" East, along said parallel line, a distance of 1200 , feet to the
True Point of Beginning.
Containing 26,952.7825 Square Feet or 0.6188 Acres, more or less.

NORTHWEST CORNER EXHIBIT "B"
SECTION 20 DEPICTION OF NORTH 1/4 CORNER
TOWNSHIP 1 NORTH EASEMENT AREA SECTION 20
i RANGE 1 EAST TOWNSHIP 1 NORTH
LOWER BUCKEYE ROAD RANGE 1 EAST
POINT OF COMMENCEMENT
4114--- 389'49'14V 2593.64'
(BASIS OF BEARING)
LINE TABLE
POINT OF BEGINNING
NO. BEARING LENGTH
L1 N00.09 142"W 10.00'
L2 S89'49'1 4"W 15.00'
25'
L3 N00`42'33"W 45.00' /L2 NORTH-SOUTH
MID-SECTION LINE
L4 N8949'14"E 9.00'
L5 S4526'39"E 5.68'
L6 N89•49'1 4"E 12.00'
r1 `7
PRIVATE IRRIGATION
EASEMENT
10' PRIVATE
IRRIGATION EASEMENT
=22=z= N89'50'1 8"E 1358.75'
S89'50'1 8V 1368,85'
SOUTH LINE OF THE COUNTRY PLACE 2 & 3
NORTH 1/2 OF THE
NORTHWEST 1/4 BK. 531 OF MAPS, PG. 14
SECTION 20 NOT A PART
SCALE 1" = 40'
EXHIBIT PARK FOREST *CVL
4550 North 12th Street
Phoenix, Arizona 85014 PRIVATE IRRIGATION CONSULTANTS
Phone 602-264-6831
http://www.ovIci ,00rn EASEMENT OF
N:101102978011Cadd\c000NVX.PRIVATE IRR ESMT.dwg TornD January 22, 2018