MARBELLA_DRAINAGE.EASEMENT.PARCEL2.PDF

When Recorded/Executed Mail to:
Maricopa County Planning
and Development Department
501 North 44th Street, Suite 200
Phoenix, AZ 85008
Attention: Lynn Favour
INTERIM DRAINAGE AND ACCESS EASEMENTS AM) AGREEMENT
This Interim Drainage and Access Easements and Agreement ("Agreement") is made as
of this 1st day of August, 2017 between Marbella Ranch Limited Partnership, a Delaware limited
partnership ("Marbella"), Marbella Ranch Community Association, an Arizona non-profit
corporation ("HOA"), and Maricopa County, a political subdivision of the State of Arizona
("County"). Marbella, HOA, the County, and their successors are sometimes referred to herein
collectively as the "Parties."
For valuable consideration. Marbella hereby grants to the HOA an interim blanket storm
water drainage easement over, upon, and across certain real property which is legally described
and depicted in Exhibit A ("Interim Blanket Drainage Easement") for the purpose of maintaining
and operating temporary drainage facilities to protect that certain real property which is legally
described and depicted in Exhibit B ("Parcel 1"). Such temporary drainage facilities shall be
maintained in good condition, repair and operation by the HOA at its sole cost and expense.
For valuable consideration, Marbella hereby grants to the County an interim access
easement over, upon, and across the same area of land to be covered by the Interim Blanket
Drainage Easement as depicted in Exhibit A for the purpose of review and inspection to ensure
that the regional drainage flows are properly conveyed ("Interim Drainage Access Easement").
In the future, Marbella will prepare a final plat for development of the parcel upon which
the Interim Blanket Drainage Easement sits ("Final Plat Parcel 2"). Following approval and
recordation of the Final Plat Parcel 2, Marbella will construct permanent drainage facilities
("Permanent Drainage Facilities") in certain tracts within Final Plat Parcel 2, which tracts will be
designated for drainage use in the Final Plat Parcel 2 ("Parcel 2 Drainage Tracts") to manage
storm water. These Parcel 2 Drainage Tracts will be conveyed to the HOA through the Final Plat
Parcel 2 and/or by separate recorded conveyance deed, and the 110A will be obligated to
maintain those facilities in good condition, repair and operation at the HOA's sole cost and
expense.
The conveyance of the Parcel 2 Drainage Tracts to the HOA and the construction of the
Permanent Drainage Facilities, pursuant to permits that have been issued and finalized by
Maricopa County, within the Parcel 2 Drainage Tracts will replace the Interim Blanket Drainage
Easement and the Interim Drainage Access Easement granted pursuant to this Agreement, which
the Parties recognize are a temporary solution to the management of storm water crossing over
Parcel I.
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The Final Plat Parcel 2 may be recorded over the Interim Blanket Drainage Easements
and the Interim Drainage Access Easements. However, when Marbella completes construction
of the Permanent Drainage Facilities within the Final Plat Parcel 2 boundaries pursuant to
permits issued and finalized by the County, then the HOA and the County agree to execute and
record an extinguishment of this Interim Blanket Drainage Easement and the Interim Drainage
Access Easement and a termination of this Agreement, in the form attached hereto as Exhibit C
("Easement Termination Agreement"). The Easement Termination Agreement shall be recorded
with respect to all or any portion of the land that is encumbered by the easements herein so long
as the Permanent Drainage Facilities have been constructed therein in accordance with the plans
approved by the County.
As used herein, "Platted Lot" means each and every lot within the property encumbered
by the Interim Blanket Drainage Easement and/or Interim Drainage Access Easement created
herein that has been created by the recording of any Final Plat that includes the Final Plat Parcel
2, which lot is intended to have constructed thereon a single family residence. Notwithstanding
any contrary provision hereof, the Parties hereby acknowledge and agree that this Agreement is
not intended to and shall not create conditions or exceptions to title or covenants running with
any Platted Lot. Therefore, in order to alleviate any concern as to the effect of this Agreement
on the status of title to any Platted Lot, this Agreement shall automatically terminate without the
execution or recordation of any further document or instrument as to any Platted Lot upon
conveyance of such Platted Lot to a bona fide purchaser for value, and any such Platted Lot shall
be released from and no longer be subject to or burdened by the provisions of this Agreement,
and any Interim Blanket Drainage Easement and/or Interim Drainage Access Easement created
herein. The Parties agree to record a termination of this Agreement with respect to any Platted
Lot upon receipt of written request therefor.
The recordation of this Agreement in the Official Records of the IVIaricopa County
Recorder shall automatically effectuate, without the execution or recordation of any further
document or instrument, the termination of that certain Temporary Drainage and Construction
Easement Agreement dated as of and recorded on July 26, 2017, at Instrument No. 2017-
0547102 in the Official Records of the Maricopa County Recorder.
[Signature Pages to Follow'
3969.73.1153890.2 2

MARBEL LA:
MARBELLA RANCH LIMITED PARTNERSHIP,
a Delaware limited Partnership
By: TRS Marbella Ranch Management, LLC,
an Arizona limited liability company,
Its General Partner
By: Taproot Consulting, LLC, an Arizona
limited liability company, Manager
By :
John Wittrock, Manager
STATE OF ARIZONA
) ss.
County of Maricopa
ACKNOWLEDGED before me, the undersigned, this . el day of August ; 2017, by John
Wittrock, who acknowledged himself to be the Manager of Taproot Consulting, LLC, an Arizona
limited liability company, the Manager of 'FRS Marbella Ranch Management, LLC, an Arizona
limited liability company, General Partner of N4ARBELLA RANCH LIMITED
PARTNERSHIP, a Delaware limited Partnership, and who further acknowledged that he was
authorized to and did execute the foregoing on behalf of such company.
My Commission Expires: ii /f7
DANIEL JOHNSON
NOTARY PUBLIC — ARIZONA
MARICOPA COUNTY
My Commission Expires
November 11, 2017
3969.73.1153890.2 3 8/1/2017

HOA:
MARBELLA RANCH COMMUNITY ASSOCIATION,
an Arizona non-profit corporation
13y:
John Wittrock, Vice President
STATE OF ARIZONA
) ss.
County of Maricopa
ACKNOWLEDGED before me, the undersigned, this 2 - day of August, 2017, by John
Wittrock, who acknowledged himself to be the Vice President of MARBELLA RANCH
COMMUNITY ASSOCIATION, An Arizona non-profit corporation, and who further
acknowledged that he was authorized to and did execute the foregoing on behalf of such
company.
Notary Public
My Commission Expires: //NJ
DANIEL JOHNSON
NOTARY PUBLIC ARIZONA
MARICOPA COUNTY
My Commission Expires
November 11,2017
3%9.73.1153890.2 4 8/1/2017

COUNTY:
MARICOPA COUNTY,
a political subdivision of the State of Arizona
By:
APPROVE yo FORM: ATTEST:
Deputy County Attorney Clerk of the Board of Supervisors
STATE OF ARIZONA
) ss.
County of Maricopa
The foregoing instrument was acknowledged before me this _ day of
2017, by , Chairman of the Maricopa County. Board of
Supervisors.
IN WITNESS WHEREOF, f have hereunto set my hand and official seal.
NOTARY PUBLIC
My Commission Expires:
3969,73.1153890.2 5 8/1/2017

EXHIBIT "A"
Easement Area — Legal Description and Depiction
A portion of' the southeast quarter of Section 2, Township 2 North, Range 1 West of the Gila and
Salt River Meridian, described as follows:
COMMENCING at a brass cap flush at the south quarter-corner of said Section 2, from which a
brass cap in handhole at the southeast corner of said Section 2 bears South 89 degrees 02 minutes
56 seconds East, 2606.75 feet;
thence along the south line of said Section 2, South 89 degrees 02 minutes 56 seconds East,
1087.21 feet;
thence North 0 degrees 57 minutes 04 seconds East, 58.65 feet to the POINT OF BEGINNING;
thence North 1 degrees 39 minutes 12 seconds West, 1185.01 feet;
thence North 88 degrees 37 minutes 37 seconds East, I 82.37 feet;
thence South 1 degrees 22 minutes 23 seconds East, 1185.00 feet;
thence South 88 degrees 37 minutes 37 seconds West, 176.57 feet to the POINT OF
BEGINNING.
3969.73.1153890.2 5 8/1/2017

EAST QUARTER—CORNER
SECTION 2, T2N,
BRASS CAP IN HANDHOLE
TEMPORARY CONSTRUCTION
AND DRAINAGE EASEMENT
N88'37'371 182.37'
Lc') a..7)
I
"rv
POINT OF BEGINNING SOUTHEAST CORNER
SECTION 2, T2N, R1VV
BRASS CAP IN HANDHOLE
NO•57'04”E 58.65'
1087.21' N •I'" —1—S88'37'37"W 176.57'
589'02'56"E 2606,75'
GLENDALE AVENUE
POINT OF COMMENCEMENT
SOUTH QUARTER—CORNER
SECTION 2, T2N, R1W
BRASS CAP FLUSH
500 500 I 000
scale feet
I OF I
www.epsgroupinc.com
cy MARBELLA RANCH
cl
,1) TEMPORARY CONSTRUCTION AND DRAINAGE EASEMENT EPS
MAY 26, 2017 GROUP
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EXHIBIT' "B"
Parcel 1 — Legal Description
BEGINNING AT A BRASS CAP IN HAND HOLE MARKING THE SOUTHEAST CORNER
OF SAID SECTION 2, FROM WHICH A BRASS CAP FLUSH MARKING TIIE SOUTH
QUARTER CORNER OF SAID SECTION 2, BEARS NORTH 89 DEGREES 03 MINUTES 02
SECONDS WEST, A DISTANCE OF 2,606,75 FEET;
THENCE ALONG THE souTH LINE OF SAID SECTION 2, NORTH 89 DEGREES 03
MINUTES 02 SECONDS WEST, 1340.45 FEET;
THENCE NORTH 1 DEGREES 22 MINUTES 23 SECONDS WEST, 1320.00 FEET;
THENCE SOUTH 89 DEGREES 03 MINUTES 02 SECONDS EAST, 593.49 FEET;
THENCE NORTH 0 DEGREES 56 MINUTES 58 SECONDS EAST, 30.00 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWEST, FROM WHICH
THE RADIUS POINT BEARS NORTH 0 DEGREES 56 MINUTES 56 SECONDS EAST A
DISTANCE OF 20.00 FEET;
THENCE NORTHEASTERLY 31.42 FEET ALONG THE ARC OF SAID CURVE TO THE
LEFT THROUGH A CENTRAL ANGLE OF 90 DEGREES 00 MINUTES 28 SECONDS;
THENCE ON A NON-TANGENT' LINE SOUTH 89 DEGREES 03 MINUTES 02 SECONDS
EAST, 50.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE
NORTHEAST, FROM WHICH THE RADIUS POINT BEARS SOUTH 89 DEGREES 02
MINUTES 32 SECONDS EAST A DISTANCE OF 2000 , FEET;
THENCE SOUTHEASTERLY 31,42 FEET ALONG THE ARC OF SAID CURVE TO THE
LEFT THROUGH A CENTRAL ANGLE OF 90 DEGREES 00 MINUTES 30 SECONDS;
THENCE SOUTH 89 DEGREES 03 MINUTES 02 SECONDS EAST, 549.03 FEET TO THE
BEGINNING OF A CURVE, CONCAVE NORTHWEST, HAVING A RADIUS OF 40.00
FEET;
THENCE NORTHEASTERLY 64.45 FEET ALONG THE ARC OF SAID CURVE TO THE
LEFT THROUGH A CENTRAL ANGLE OF 92 DEGREES 19 MINUTES 21 SECONDS;
THENCE ON A NON-TANGENT' LINE NORTH 89 DEGREES 08 MINUTES 47 SECONDS
EAST, 11.14 FEET;
THENCE NORTH 0 DEGREES 51 MINUTES 13 SECONDS WEST, 145.11 FEET;
THENCE NORTH 4 DEGREES 56 MINUTES 21 SECONDS EAST, 177.78 FEET;
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THENCE NORTH 88 DEGREES 37 MINUTES 37 SECONDS EAST, 33.00 FEET TO A
POINT ON THE EAST LINE OF SAID SECTION 2;
THENCE ALONG SAID EAST LINE, SOUTH 1 DEGREES 22 MINUTES 23 SECONDS
EAST, 1716.03 FEET TO THE POINT OF BEGINNING.
3969.73.1153890.2 9 8/1/2017

EXHIBIT "C"
When Recorded/Executed Mail to:
Maricopa County Planning
and Development Department
501 North 44th Street, Suite 200
Phoenix, AZ 85008
Attention: Lynn Favour
EXTINGUISHMENT OF INTERIM DRAINAGE AND ACCESS EASEMENTS AND
TERMINATION OF AGREEMENT
This Extinguishment of Interim Drainage and Access Easements and Termination of
Agreement ("Extinguishment and Termination") is made as of this day of
, 20 between Marbella Ranch Community Association, an Arizona non-
profit corporation ("BOA"), and Maricopa County, a political subdivision of the State of Arizona
("County"). Marbella, BOA, the County, and their successors are sometimes referred to herein
collectively as the "Parties."
On , 2017, the Parties entered into an Interim Drainage and Access
Easements and Agreement, recorded in the Office of the Maricopa County Recorder on
, 2017, as Instrument No. 2017- (the "Agreement").
Through the Agreement, the BOA was granted an interim blanket drainage easement
over, upon, and across that certain real property situated in Maricopa County and legally
described and depicted in Exhibit A of the Agreement ("Interim Blanket Drainage Easement").
The Agreement also granted the County an interim drainage access easement over, upon, and
across the same area of land covered by the Interim Blanket Drainage Easement ("Interim
Drainage Access Easement").
The Parties now acknowledge that the permanent drainage facilities have been
constructed within Final Plat Parcel 2, as contemplated in the Agreement, which the County has
approved. Therefore, the Interim Blanket Drainage Easement and the Interim Drainage Access
Easement are no longer necessary and can be extinguished.
As per the terms of the Agreement, the BOA hereby extinguishes the Interim Blanket
Drainage Easement and the County hereby extinguishes the Interim Drainage Access Easement,
both of which cover the same area of real property legally described and depicted in Exhibit A of
the Agreement. Accordingly, the Interim Blanket Drainage Easement and the Interim Drainage
Access Easement are now null and void.
The purpose of the Agreement having been fulfilled, the Parties mutually agree and do
hereby terminate the Agreement, rendering it null and void and of no further effect.
3969.73.1153890.2 10 8/1/2017

IN WITNESS WHEREOF, the Parties have executed this Extinguishment and
Termination this day of , 20
HOA:
MARBELLA RANCH COMMUNITY ASSOCIATION,
an Arizona non-profit corporation
By:
STATE OF ARIZONA
) ss.
County of Maricopa
ACKNOWLEDGED before me, the undersigned, this day of , 201 ,
by , who acknowledged himself to be the of
MARBELLA RANCH COMMUNITY ASSOCIATION, An Arizona non-prolit corporation, and
who further acknowledged that he was authorized to and did execute the foregoing on behalf of
such company.
Notary Public
My Commission Expires:
3969.73.1153890.2 11 8/1/2017

COUNTY:
MARICOPA COUNTY,
a political subdivision of the State of Arizona
By:
APPROVE yo FORM: ATTEST:
Deputy County Attorney Clerk of the Board of Supervisors
STATE OF ARIZONA
) ss.
County of Maricopa
The foregoing instrument was acknowledged before me this _ day of
2017, by , Chairman of the Maricopa County. Board of
Supervisors.
IN WITNESS WHEREOF, f have hereunto set my hand and official seal.
NOTARY PUBLIC
My Commission Expires:
3969,73.1153890.2 5 8/1/2017