PARCEL 35A INTERIM DRAINAGE - ZT.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 AND AGREEMENT
ZANIER° TRAILS PARCEL 35A
This Interim Drainage and Access Easements and Agreement ("Agreement") is made as of this
day of , 2016 between First American Title Insurance Company, a Nebraska
corporation, as Trustee under Trust No. 8708, and not in its individual or corporate capacity
("Trustee"), SBH Zanjero Trails LP, an Arizona limited partnership ("Zanjero"), Windrose at
Zanjero Trails Community Association Inc., an Arizona not for profit corporation ("HOA"), and
Maricopa County, a political subdivision of the State of Arizona ("County"). Trustee, Zanjero,
the HOA, the County, and their successors are sometimes referred to herein collectively as the
"Parties."
Trustee owns approximately 627.48 acres of property generally located on the northwest corner
of Camelback Road and Perryville Road in Section 16, Township 2 North, Range 2 West of
Maricopa County. Zanjero has been granted an exclusive option to purchase such property,
which Zanjero intends to develop in multiple development phases as a residential community
known as Zarijero Trails Phase 1 ("Zanjero Trails").
For valuable consideration, Trustee hereby grants to the HOA an interim blanket ston -n water
drainage easement over, upon, and across certain real property situated within Parcel 35A of the
Zanjero Trails development master plan, 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 initial phases of the Zanjero Trails development. Such temporary
drainage facilities shall be maintained in good condition, repair and operation by the HOA at its
sole cost and expense. The land legally described and depicted in Exhibit A is also sometimes
hereinafter referred to as "Parcel 35A."
This Interim Blanket Drainage Easement is identical to the boundaries of Zanjero Trails
development Parcel 35A, and together with other Interim Drainage and Access Easements and
Agreements granted this day, will provide the HOA with storm water drainage easements across
Zanjero Trails as depicted in Exhibit B. Notwithstanding the depiction of other Zanjero Trails
development parcels in Exhibit B, this Agreement is only intended to create easements with
respect to Parcel 35A, and is not intended to create easements and/or constitute an exception to
title with respect to any other property depicted in Exhibit B.
For valuable consideration, Trustee, pursuant to the direction of its Trust beneficiary, Marieopa
County Municipal Water Conservation District Number One, a political subdivision of the State
of Arizona, 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, Zanjero will prepare a final plat for development Parcel 35A ("Final Nat Parcel
35A"). Following approval and recordation of the Final Plat Parcel 35A, Zanjero will construct
permanent drainage facilities ("Permanent Drainage Facilities") in certain tracts within Final Plat
Parcel 35A, which tracts will be designated for drainage use in the Final Plat Parcel 35A ("Parcel
35A Drainage Tracts") to manage storm water. These Parcel 35A Drainage Tracts will be
conveyed to the HOA through the Final Plat Parcel 35A and/or by separate recorded conveyance
deed, and the HOA 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 35A 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 35A 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 Zanjero Trails.
The Final Plat Parcel 35A may be recorded over the Interim Blanket Drainage Easements and the
Interim Drainage Access Easements. However, when Zanjero completes construction of the
Permanent Drainage Facilities within the Final Plat Parcel 35A boundaries pursuant to permits
issued and finalizeded by the County , then the Parties 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 Extinguishment and Agreement Termination").
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 Parcel 35A, which lot is
intended to have constructed thereone 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
(as hereinafter defined). 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,
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 Drainage Easement an/or Interim Drainage Access
Easement created herein.
[Signature Pages to Follow]
2

IN WITNESS WHEREOF, the Parties have executed this Agreement this day of
2016.
TRUSTEE:
FIRST AMERICAN TITLE INSURANCE COMPANY,
a Nebraska corporation, as Trustee under Trust No. 8708, and
not in its individual or corporate capacity
STATE OF ARIZONA
) ss:
County of Maricopa
On this 1Ath day of Atto.).5,-/- , 2016, before me the undersigned Notary
Public personally appeared 5i rel r\s' , known to me to be the
'Tr + Office( of _HIRST AMERICAN TITLE INSURANCE
COMPANY, a Nebraska corporation, as Trustee under Trust No, 8708, and not in its individual
or corporate capacity, and such person, being duly authorized so to do, executed the foregoing
instrument for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
My Commission Expires:
J/1/4/30 I OFFICIAL SEAL
JULIE M. KING
NOTAilY PUBLIC - State of Arizona
My Comm, MAFfICOIDA Expires March COUNTY 14, 2017
3

ZANJERO:
SBH ZANJERO TRAILS LP,
an Arizona limited partnership
By: AGS LLC,
an Arizona limited liability company,
General Partner
By:
Sean T. Walters
Its: Manager
STATE OF ARIZONA
) ss:
County of Marieopa
On this acti+t day of AtIq 054 , 2016, before Inc the undersigned Notary
Public personally appeared Sean T. 'Walters, known to me to be the Manager of AGS LLC, an
Arizona limited liability company, the General Partner of SBH ZANJERO TRAILS LP, an
Arizona limited partnership, and he, being duly authorized so to do, executed the foregoing
instrument for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
My Commission Expires:
5114 00 r) OFFICIAL SEAL
JULIE M. KING
NOTARY PUBLIC State of Arizona
My COMM. MARICOPA Expires COUNTY March 14, 2017
4

HOA:
WINDROSE AT ZANJERO TRAILS COMMUNITY
ASSOCIATION INC., an Arizona not for profit corporation
By:
Its: V i' c.e Tre5fciEn+
STATE OF ARIZONA )
) ss:
County of Maricopa )
On this R9'1-11 day of Att_q05 I , 2016, before me the undersigned Notary
Public personally appeared sear, 1-: tocate..r.5 , known to me to be the
VI et Tr-86 bLe-n + of WINDROSE AT ZANJERO TRAILS
COMMUNITY ASSOCIATION INC., an Arizona not for profit corporation, and he, being
duly authorized so to do, executed the foregoing instrument for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
My Commission Expires:
,5/4/24 1 7
OFFICIAL SEAL
JULIE M. KING
NOTARY MARICOPA PUBLIC - COUNTY State of Arizona
My Comm. Expires March 14, 2017
5

COUNTY:
MARICOPA COUNTY,
a political subdivision of the State of Arizona
By:
Chairman of the Board of Supervisors
ATTEST:
Deputy"County Attorney Clerk of the Board of Supervisors Date
STATE OF ARIZONA
) ss.
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this day of
, 2016, by , Chairman of the Maricopa
County Board of Supervisors.
NOTARY PUBLIC
My Commission Expires:
6

EXHIBIT "A"
INTERIM BLANKET DRAINAGE EASEMENT- PARCEL 35A

EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 35A
A parcel of land being situated within East Half Section 16, Township 2 North,
Range 2 West of the Gila and Salt River Meridian, Maricopa County, Arizona,
being more particularly described as follows:
COMMENCING at the North Quarter Corner (3" McDot brass cap flush) of
Section 16 from which the Northeast Corner (3" aluminum cap) of said Section
16 bears South 89'5530" East, 2627.74 feet;
Thence, along the north line of the Northeast Quarter of said Section 16,
South 89'66'30" East, 139.00 feet to the east line of the Maricopa County
Municipal Water Conservation District Number One Beardsley Canal Fee Title
and Right-of-Way, as recorded in Docket 4739, Page 93-97, records of Maricopa
County, Arizona, said east line also being 139.00 feet east of and parallel with
the west line of the Northeast Quarter of said Section 16 to the POINT OF
BEGINNING;
Thence South 89°55'30" East, 1276.11 feet along the north line of the Northeast
Quarter of said Section 16;
Thence leaving said north line, South 00°0513" West, 459.38 feet to the
beginning of a tangent curve, concave northeasterly, having a radius of 1000.00
feet;
Thence southeasterly along said curve, through a central angle of 13°05'39", an
arc length of 228.64 feet to a tangent line;
Thence South 13°00'27" East, 302.29 feet to the beginning of a tangent curve,
concave southwesterly, having a radius of 700.00 feet;
Thence southerly along said curve, through a central angle of 21°52'40", an arc
length of 267.29 feet to a non-tangent line;
Thence North 81°07'47" West, 30.00 feet;
Thence North 89'36'42" West, 359.61 feet;
Thence North 83°40'37" West, 67.88 feet;
Thence North 78'0009" West, 123.67 feet;
Thence North 73°68'32" West, 691.92 feet;
U:11000110031SURVEYIDOCS11003-PARCEL 35A LEGAL,DOCX Page 1 of 4

Thence North 84 056134" West, 142.30 feet;
Thence North 89 029113" West, 99.48 feet to the east line of said Beardsley Canal
Right-of-Way;
Thence North 00°30'24" East, 1030.53 feet along the east line of said Beardsley
Canal Right-of-Way to the POINT OF BEGINNING.
Said portion of land containing 1 1517,943.02 scilt., or 34.847 acres, more or less.
and being subject to any easements, restrictions, and/or rights-of-way.
This description shown hereon is not to be used to violate subdivision regulations
of the state, county and/or municipality of any other land division restrictions.
Prepared by: HILGARTWILSON, LLC
2141 E. Highland Avenue, Suite 250
Phoenix, AZ 85016
Project No. 1003
Date: June 2016
U:1100011003\SURVEYIDOCS11 003-PARCEL 35A LEGALDOCX Page 2 of 4

BETHANY HOME ROAD ALIGNMENT
589'5530°E 2627.74'
Li 1212.63'
139,00' NORTHEAST CORNER
NORTH QUARTER CORNER CNi SECTION 16, T2N, R2W
SECTION 15, T2N, R2W FOUND 3" ALUMINUM CAP
FOUND 3" MCOOT BRASS CAP STAMPED FCDMC, 12N R2W
STAMPED T2N R2W 1/4 Sg S10 515 516, LS 33307
59, 516, 29891, DATED 2003 DATED 2009
P.O.C.
PARCEL 35A
CANAL L9
L6 L5
BEARDSLEY
Li
CENTER OF SECTION
SECTION 16, T2N, R2W
FOUND 3/4" REBAR
EAST QUARTER CORNER,
SECTION 16, T2N, R2W
FOUND 3" MCDOT
BRASS CAP FLUSH
NO STAMPING
S8951'13°E 2632.82'
P.O.C. — POINT OF COMMENCING
P.O.B. — POINT OF BEGINNING SHEET 3 OF 4
PROWNO.: 1003 ZANJERO TRAILS PHASE 1
DATE: JUNE 2016 PARCEL 35A aviri
SCALE: NTS MARICOPA COUNTY, ARIZONA H I LGARTWI LSD N
DRAWN BY: DSP 2141 E. HIGHLAND AVE., STE 250
EXHIBIT "A" PHOENIX, AZ 85016
CHECKED BY: RAJ P: 02.490.0535 F: 602.368.2436
u:S.,1000\1003\Suryty 0005\1003-PRCL 35A EXHIBIT.thq 7/1/2016 9:3i AM

LINE TABLE
CURVE TABLE
LINE # DIRECTION LENGTH
CURVE # RADIUS DELTA LENGTH
Li S8955'30E 1276.11'
Cl 1000,00' 13'05'39" 228.54'
L2 50005'13° W 459.38'
C2 700.00' 21'52'40" 267.29'
L3 51300'27 H E 302,29'
L4 N81 07 .47"W 30,00'
L5 1\189'35'42 1'W 359.61'
L6 1183°40'37' 1 W 67.88'
L7 N78.00 109"W 123,67'
L8 N73'58'32"W 591,92'
L9 N84'56'34"W 142.30'
L10 N8929'13"W 99.48'
L11 _ NO0'30'24 n E 1030.53'
SHEET 4 OF 4
PROJ.N0,: 1003 ZANJERO TRAILS PHASE 1
DATE: JUNE 2016 PARCEL 35A
SCALE: NTS MARICOPA COUNTY, ARIZONA HILGARTWILSON
DRAWN BY: DSP 2141 E. HIGHLAND AVE., STE. 260
EXHIBIT "A" PHOENIX, AZ 86016
CHECKED BY: RAJ P: 602.490.0535 / F: 602.368.2436
J: \l000\1003\,& „++ Y111111 "HOL AM

EXHIBIT "B"
INTERIM MASTER DRAINAGE EASEMENT

W. BETHANY HOME RD j
PARCEL 35B
- PARCEL 87A
PARCEL $8
L
PARCEL 43
PARCEL 40
^L31.ANKET DRAINAGE -
ACCESS EASEMENT/DRAINAGE EASEMENT FOR
PHASES IA & 18
BLANKET DRAINAGE
EASEMENT/DRAINAGE
ACCESS EASEMENT FOR
PHASES IA & 18
DEVELOPMENT
PHASE BOUNDARY
W. CAMELBACK RD
PROJ.NO.: 1003 ZANJERO TRAILS DRAINAGE EASEMENT
DATE: 10/02/2015 afrAr
PERRYVILLE RD. & BEIHANY HOME RD. ALIGNMENT
SCALE: N. T. S. MARICOPA COUNTY, ARIZONA HILGARTWILE N
DRAWN BY: KO 2141 E. HIGHLAND AVE., STE. 250
EXHIBIT "B" PHOENIX, AZ 85016
CHECKED BY: ZH
P: 602,40.0535 / P: 607..36.7436
J:\QCO\IQO3\ENGR\EXHBITS\1CO3 PHIA & 1B DRAINAGE CX1-11R11.flivg 3/21/2016 8:53 AM

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 EASEMENT AND
TERMINATION OF AGREEMENT
This Extinguishment of Interim Drainage and Access Easement and Termination of
Agreement ("Extinguishment and Termination") is made as of this day of
, 20 between First American Title Insurance Company, a Nebraska
corporation, as Trustee under Trust No. 8708, and not in its individual or corporate capacity
("Trustee"), SBH Zanjero Trails LP, an Arizona limited partnership ("Zanjero"), Windrose at
Zanjero Trails Community Association, an Arizona not for profit corporation ("HOA"), and
Maticopa County, a political subdivision of the State of Arizona ("County"). Trustee, Zanjero,
the HOA, the County, and their successors are sometimes referred to herein collectively as the
"Parties."
On , 2016, the Parties entered into an Interim Drainage and Access
Easements and Agreement, recorded in the Office of the Maricopa County Recorder on
2016 as Document No. 2016- (the
"Agreement").
Through the Agreement, the HOA was granted an interim blanket drainage easement
over, upon, and across that certain identified real property in the Zanjero Trails Phase 1
development master plan 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 Zanjero has constructed the permanent drainage
facilities within Zanjero Trails development Parcel 35A, as contemplated in the Agreement,
which the County has approved. Therefore, the Interim Blanket Drainage Easement and the
Interim Drainage Access Easement, of which are identical to the boundaries of development
Parcel 35A, are no longer necessary and can be extinguished.
As per the terms of the Agreement, the HOA 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 and is 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 purposes 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.
IN WITNESS WHEREOF, the Parties have executed this Extinguishment and Termination this
day of , 20
TRUSTEE:
FIRST AMERICAN TITLE INSURANCE COMPANY,
a Nebraska corporation, as Trustee under Trust No. 8708, and
not in its individual or corporate capacity
By:
Printed Name:
Title:
STATE OF ARIZONA
) ss:
County of Marieopa
On this day of , 2016, before me the undersigned Notary
Public personally appeared , known to me to be the
of FIRST AMERICAN TITLE INSURANCE
COMPANY, a Nebraska corporation, as Trustee under Trust No. 8708, and not in its individual
or corporate capacity, and such person, being duly authorized so to do, executed the foregoing
instrument for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
NOTARY PUBLIC
My Commission Expires:
2

ZANJERO:
SBH ZANJERO TRAILS LP,
an Arizona limited partnership
By: AGS LLC,
an Arizona limited liability company,
General Partner
By:
Sean T. Walters
Its: Manager
STATE OF ARIZONA
) ss:
County of Maricopa
On this day of , 20 , before me the undersigned Notary
Public personally appeared Sean T. Walters, known to me to be the Manager of AGS LLC, an
Arizona limited liability company, the General Partner of SBH ZANJERO TRAILS LP, an
Arizona limited partnership, and he, being duly authorized so to do, executed the foregoing
instrument for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
NOTARY PUBLIC
My Commission Expires:
3

HOA:
WINDROSE AT ZANJERO TRAILS COMMUNITY
ASSOCIATION INC., an Arizona not for profit corporation
By:
Its:
STATE OF ARIZONA
) ss:
County of Maricopa
On this day of , 20 , before me the undersigned Notary
Public personally appeared , known to me to be the
of WINDROSE AT ZANJERO TRAILS
COMMUNITY ASSOCIATION INC., an Arizona not for profit corporation, and he, being
duly authorized so to do, executed the foregoing instrument for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
NOTARY PUBLIC
My Commission Expires:
4

COUNTY:
MARICOPA COUNTY,
a political subdivision of the State of Arizona
By:
Its: Director of the Planning & Development Dept.
Date:
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this day of ,
20 , by , the of Maticopa
County, a political subdivision of the State of Arizona, on behalf of the County,
NOTARY PUBLIC
My Commission Expires:
5