PARCEL 37B 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
ZANJERO TRAILS PARCEL 37B
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
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."
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 Zanjero Trails Phase 1 ("Zanjero Trails").
For valuable consideration, Trustee hereby grants to the HOA an interim blanket storm water
drainage easement over, upon, and across certain real property situated within Parcel 37B 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 37B."
This Interim Blanket Drainage Easement is identical to the boundaries of Zanjero Trails
development Parcel 37B, 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 37B, 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, Maricopa
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 37B ("Final Plat Parcel
37B"). Following approval and recordation of the Final Plat Parcel 37B, Zanjero will construct
permanent drainage facilities ("Permanent Drainage Facilities") in certain tracts within Final Plat
Parcel 37B, which tracts will be designated for drainage use in the Final Plat Parcel 37B ("Parcel
37B Drainage Tracts") to manage storm water. These Parcel 37B Drainage Tracts will be
conveyed to the BOA through the Final Plat Parcel 37B and/or by separate recorded conveyance
deed, and the BOA 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 37B Drainage Tracts to the BOA and the construction of the
Permanent Drainage Facilities, pursuant to permits that have been issued and finalized by
Maricopa County, within the Parcel 37B 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 37B 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 37B 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 37B, 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
Tra,..5 1--
STATE OF OF ARIZONA
County of Maricopa
On this A=V-t‘ day of A/x.3 US+ , 2016, before me the undersigned Notary
Public personally appeared ite(Y: IN 'Tel- 114 , known to me to be the
5triSor Tros4 Offi`cer 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.
Tortfre,
NOTARY PUBLII-7"a
My Commission Expires:
/ OFFICIAL SEAL
NOTARY JULIE PUBLIC M. - KING State of Atte'
My Comm. MARICOPA Expires COUNTY March 14,2011
3

ZANJERO:
SBH ZANJERO TRAILS LP,
an Arizona limited partnership
By: AGS LLC,
an Arizona limited liability company,
General Partner
(-__1-2,.I _________-
By:
Sean T. Walters
Its: Manager
STATE OF ARIZONA )
) ss:
County of Maricopa )
On this A7 day of ALL 05+ , 2016, 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.
My Commission Expires:
51( 4) ao 1 -7 OFFICIAL SEAL
NOTARY JULIE PUBLIC M. - State KING 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
Its : l'ee -Pre-6 1'd erA.4
STATE OF ARIZONA
) ss:
County of Maricopa
On this a9k day of fit.t9 1)54 2016, before me the undersigned Notary
Pgblie personally appeared 5 ett,er: Gualt-ff:5 , 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.
Vt.k.
NOTARY PUBLIC()
My Commission Expires:
8114,3M
OFFICIAL SEAL
JULIE M. KING
NOTARY PUBLIC - State of Arizona
MARIGOPA COUNTY
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 37B

EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 37B
A portion of land being situated within the Northeast Quarter of 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 Northeast Corner of said Section 16, being a 3" Flood
Control District of Maricopa County aluminum cap, from which the East Quarter
Corner, being a 3" McDot brass cap, bears South 00°24'01° West, 2637.85 feet;
Thence South 00°24'01" West, 1136.91 feet along the East line of said Northeast
Quarter of Section 16, to the POINT OF BEGINNING;
Thence continuing along said East line South 0002401" West, 184.50 feet;
Thence leaving said East line North 90°0000" West, 65.00 feet;
Thence South 00°24'01" West, 380,13 feet;
Thence South 89°4214" West, 965.25 feet;
Thence South 19°21'57" West, 21.54 feet;
Thence North 70°38'03" West, 50.00 feet to a non-tangent curve, concave to the
northwest, having a radius of 12.00 feet, the center of which bears
North 70°3803" West;
Thence southwesterly along said curve, through a central angle of 90°00'00", an
arc length of 18.85 feet to a tangent line;
Thence North 70°38'03" West, 103.00 feet to the beginning of a tangent curve
concave to the northeast, having a radius of 20.00 feet;
Thence northwesterly along said curve, through a central angle of 90°00'00", an
arc length of 31.42 feet to a tangent line;
Thence North 19°21'57" East, 296.08 feet to the beginning of a tangent curve
concave to the west, having a radius of 730.00 feet;
Thence northerly along said curve, through a central angle of 10°29'44", an arc
length of 133.72 feet to a non-tangent line;
Thence North 81°07'47" West, 30.00 feet to a non-tangent curve, concave west,
having a radius of 700.00 feet, the center of which bears North 81°07'47" West;
U:11000\1003\Survey\DOCS\1003-Parcel 37B Legal.docx

Thence northerly along said curve, through a central angle of 09°28'10", an arc
length of 115.69 feet to a non-tangent line;
Thence South 89°35'42" East, 1093.79 feet to the POINT OF BEGINNING.
The above described parcel contains a computed area of 620070.04 sq. ft.
(14.235 acres) more or less and being subject to any easements, restrictions,
rights-of-way of record or otherwise.
The description shown hereon is not to be used to violate any subdivision
regulation of the state, county and/or municipality or any land division restrictions.
Prepared by: HilgartWilson
2141 E. Highland Ave, Suite 250
Phoenix, AZ 85016
Project No, 1003
Date: June 2016
U:\100011003Survey\DOCS11003-Parcel 37B Legal.docx

S89'55'30"E 2627.74'
BETHANY HOME ROAD ALIGNMENT
NORTHEAST CORNER
SECTION 16, T2N, R2W
NORTH QUARTER CORNER FOUND 3" ALUMINUM CAP
SECTION 16, T2N, R2W STAMPED FCDMC, T2N R2W
FOUND 3" MCDOT BRASS CAP 59 S10 S15 516, LS 33307
STAMPED T2N R2W 1/4 DATED 2009
S9, S16, 29891, DATED 2003 P.O.C.
(0
4 CANAL L1 0
C\J N) CD C4--I .....-L9
N81 .07'47"W
(RADIAL) (,)
PARCEL 37B
BEARDSLEY N7038 1 03"W
(RADIAL)
i-L6
C2
L5 L4
C
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 2632.62'
P.O.C. - POINT OF COMMENCING
FOB. - POINT OF BEGINNING
PROJ.NO.: 1003 ZANJERO TRAILS PHASE 1
DATE: JUNE 2016 PARCEL 37B NSW
SCALE: NTS MAR1COPA COUNTY, ARIZONA HILGARTWILSON
DRAWN BY: RAJ 2141 E, HIGHLAND AVE., STE. 250
EXHIBIT "A" PHOENIX, AZ 85016
CHECKED BY: RAJ P: 802.490.0535/ PI 602.368.2436
0,10011\1003\Survey CICS\1003-PRCL 31B EXHIBIT.dwg 7/1/2015 9:52 AM

LINE TABLE
CURVE TABLE
LINE # DIRECTION LENGTH
CURVE # RADIUS DELTA LENGTH
Li S00'24'01"W 184.50'
Cl 12.00' 9000'00" 18.85'
L2 N90.00'00"W 65.00'
L3 500'24'01"W 380.13' 02 20.00' 90'00'00" 31.42'
L4 S8942'14"W 955.25' 03 730.00' 1029'44" 133.72'
C4 700.00' 9'28'10" 115.69'
L5 S1921`57W 21.54'
L6 N7038)03"W 50.00'
L7 N7038'03" W 103.00'
L8 N1921'57"E 296.08'
L9 N81 .07 1 47"W 30.00'
L10 S8935'42"E 1093.79'
SHEET 4 OF 4
PROWNO.: 1003 ZANJERO TRAILS PHASE 1
DATE: JUNE 2016 PARCEL 37B A9.4 IF
SCALE: NTS MARICOPA COUNTY, ARIZONA HILGARTWILBON
DRAWN BY: RAJ 2141 E. HIGHLAND AVE., STE. 250
EXHIBIT "A" PHOENIX, AZ 85016
CHECKED BY: RAJ P: 602.490.0535 / F: 602.368.2436
tIA1000\1003\Survey\PCS\1003—PRCI. 378 EMIBIT.dwg 1/1/201fi 052 AM

EXHIBIT "B"
INTERIM MASTER DRAINAGE EASEMENT

W. BETHANY HOME RD j
teStireite PARCEL SSIM
Ell.kiliCfDRAINAGE-
EASEMENT/DRAINAGE
I:+70 ACCESS EASEMENT FOR
PHASES 1A & 1171
BLANKET DRAINAGE
EASEMENTARAINAGE
ACCESS EASEMENT FOR
PHASES 1A lit 1B
DEVELOPMENT
PHASE BOUNDARY
PARCEL 45
-BLANKET DRAINAGE -
EASEMENT/DRAINAGE
FAA5F,PrI.1Y .F.F11?
• ;$§1 LL
W. OAMELBACK RD
PROWNO.: 1003 ZANJERO TRAILS DRAINAGE EASEMENT
DATE: 10/02/2015 PERRYVILLE RD. & BETHANY HOME RD. ALIGNMENT
SCALE: N.TS. MARICOPA COUNTY. ARIZONA HILGARTWILSON
DRAWN BY: KO 2141 E. HIGHLAND AVE., STE. 250
EXHIBIT 9 PHOENIX, AZ 85016
CHECKED BY: ZH
P: 602.490.05,15 / F; 602.368.2436
U: \1000\1003\ENGR\EXHIBITS\1003 PH1A & 1B DRAINAGE EXHIBIT.* 3/21/20;6 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 ("HA"), 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."
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 37B, 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 37B, 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 Maricopa )
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

110A:
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 Maricopa
County, a political subdivision of the State of Arizona, on behalf of the County.
NOTARY PUBLIC
My Commission Expires:
5