PARCEL 39 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 PHASE PARCEL 39
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
Marieopa 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 comer
of Carnelback 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 39 of the
Zanjero Trails development master plan, which is legally described and depicted in Exhibit A
("Interim Blanket Drainage Easement"), for the purpose of the use and operation of temporary
drainage facilities to protect initial phases of the Zanjero Trails development (the "Temporary
Drainage Facilities"). The land legally described and depicted in Exhibit A is also sometimes
hereinafter referred to as "Parcel 39,"
Such Temporary Drainage Facilities shall be maintained in good condition, repair and operation
by the HOA at its sole cost and expense for as long as Zanjero or Trustee is the Owner of (or
Zanjero holds an exclusive option to purchase) Parcel 39; and thereafter, such temporary
drainage facilities shall be maintained in good condition, repair and operation by the Owner of
Parcel 39, at such Owner's sole cost and expense. As used in this Agreement, the term "Owner"
shall mean the record owner of fee simple title to Parcel 39, or any portion thereof, including a
vendee under a recorded contract for sale; provided, however, that the term "Owner" shall not
include mortgagees and others having an interest merely as security for the performance of an
obligation (including a trustee or beneficiary under a deed of trust, in which event fee title shall
be deemed to be held by the trustor or its successor of record, and not by the trustee). If more
than one person or entity is the Owner of Parcel 39, then all such persons and/or entities shall be
jointly and severally liable for the obligations of the Owner hereunder.

This Interim Blanket Drainage Easement is identical to the boundaries of Zanjero Trails
development Parcel 39, and together with other Interim Drainage and Access Easements and
Agreements granted this day, will provide the HOA with interim 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 39, 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").
The Parties recognize that the Interim Blanket Drainage Easement and the Interim
Drainage Access Easement granted pursuant to this Agreement are a temporary solution to the
management of storm water crossing over Zanjero Trails. At such time as permanent drainage
facilities within Parcel 39 that satisfy all applicable state and county requirements are completed,
a "Permanent Drainage Easement" granted to the HOA shall be recorded, which Permanent
Drainage Easement shall (i) specify the location of the Permanent Drainage Easement (i.e., the
specific area of Parcel 39 in which such permanent drainage facilities and any other drainage
areas are located); (ii) specify the obligation to maintain any and all facilities contained within
said Permanent Drainage Easement, including but not limited to specific identification of the
person(s) and/or entity(ies) with the obligation to undertake such maintenance; and (iii) be
recorded with priority over any and all other encumbrances against the property encumbered by
the Permanent Drainage Easement, notwithstanding the date of recording of any such
encumbrance. Upon recording of the Permanent Drainage Easement, the Interim Drainage
Easement and Interim Drainage Access Easement created herein shall be deemed terminated;
provided, however, that no such Permanent Drainage Easement shall terminate the Interim
Drainage Easement and Interim Drainage Access Easement created herein unless such
Petuianent Drainage Easement bears the signature of the Director of the Maricopa County
Planning and Development Department confirming that all required drainage facilities necessary
to manage storm water for the development of Parcel 39 have been completed and approved by
Maricopa County. Upon termination of the Interim Drainage Easement and Interim Drainage
Access Easement as provided above, the Parties agree to execute and record an extinguishment
of this Interim Blanket Drainage Easement and Interim Drainage Access Easement and a
termination of this Agreement, in the form attached hereto as Exhibit C ("Easement
Extinguishment and Agreement Termination"). The Permanent Drainage Easement and the
Easement Extinguishment and Agreement Termination may be recorded concurrently (i.e., in
succession, as part of a single recording package). Any failure to record the document shown on
Exhibit C shall not affect the deemed termination of the Interim Drainage Easement and Interim
Drainage Access Easement as provided above in this paragraph.
2

This Agreement and the rights, easements and privileges herein granted and conveyed
shall run with the land and shall be binding upon and shall inure to the benefit of the Parties
hereto and their respective successors and assigns, it being agreed that the term "Owner" as used
herein shall mean and refer to the Owner as initially named herein and its successors in interest
(i.e., any successor owner(s) that hereafter acquire fee title to all or any portion of Parcel 39).
[Signature Pages to Follow]
3

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
By:
Its: 42/1;or Trust Officer
STATE OF ARIZONA
) ss:
County of Marieop a
On this ,294 day of 14 139 OS , 2016, before me the undersigned Notary
Public personally appeared Simin Berry , known to
me to be the ⪙ r Trust Officer 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.
ta-tfi Y?W[14---69
NOTARY PUBLIC C
My Commission Expires:
OFFICIAL SEAL
JULIE M. KING
NOTARY PUBLIC- State of Arizona
My Comm. MARICOPA Expires COUNTY March 14,2017
4

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 19-Fit day of tAIA.oAuS -k- , 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.
CAA& MI
NOTARY PUBLI
My Commission Expires:
3)14101b/7
5

HOA:
WINDROSE AT ZANJERO TRAILS COMMUNITY
ASSOCIATION INC., an Arizona not for profit corporation
By:
Its:
STATE OF OF ARIZONA
) ss:
County of Maricopa
On this 09.9+1, day of P Lt5 us 4. , 2016, before me the undersigned Notary
Public personally appeared Stark_ T. tOcitike-i5 , known to me to be the
1E.Ce. /re,s of WINDROSE AT ZANIER() 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:
51 1111 i)
JULIE OFFICIAL M. SEAL KING
NOTARY PUBLIC - State of Arizona
My Corm. MARICOPA Expires COUNTY March 14, 2017
6

COUNTY:
MARICOPA COUNTY,
a political subdivision of the State of Arizona
By:
Chairman of the Board of Supervisors
ATTEST:
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:
7

EXHIBIT "A"
INTERIM BLANKET DRAINAGE EASEMENT- PARCEL 39

EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 39
A portion of land being situated within the Southeast 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 Souze th Quarter Corner of said Section 16, being a 3"
McDot brass cap, from which the Southeast Corner, also being a 3" McDot brass
cap bears South 89°37'16" East, 2637.51 feet;
Thence North 00°30'25" East, 1880,04 feet along the West line of said Southeast
Quarter of Section 16;
Thence leaving said West line South 89°29'35" East, 429.00 feet to the POINT
OF BEGINNING;
Thence North 03°34'17" East, 128.18 feet;
Thence North 12°40'12" East, 139.50 feet;
Thence North 76°35151" West, 122.31 feet;
Thence North 13°24'09" East, 55.32 feet to the beginning of a tangent curve
concave to the west, having a radius of 425.00 feet;
Thence northerly along said curve, through a central angle of 12°5322 1 , an arc
length of 95.61 feet to a tangent line;
Thence North 0030'47" East, 7.55 feet;
Thence South 89°29'13" East, 312.99 feet;
Thence South 43'1003" East, 58.18 feet;
Thence North 46°49'57" East, 113.74 feet to a non-tangent curve, concave to the
southeast, having a radius of 80.00 feet, the center of which bears
North 58°01'48" East;
Thence northeasterly along said curve, through a central angle of 136'06'31", an
arc length of 190.04 feet to the beginning of a reverse curve concave to the
north, having a radius of 200,00 feet;
Thence easterly along said curve, through a central angle of 14°08'19", an arc
length of 49.35 feet to a tangent line;
U:1100011003\Survey\DOC$11003-Pareal 39 Legal.doex

Thence North 90 00000" East, 174.68 feet to the beginning of a tangent CL111/0
concave to the north, having a radius of 200.00 feet;;
Thence easterly along said curve, through a central angle of 12°04'55, an arc
length of 42.17 feet to a tangent line;
Thence North 77°5505" East, 22.36 feet;
Thence South 22°16'45" East, 49.79 feet to a non-tangent curve, concave to the
southwest, having a radius of 60.00 feet, the center of which bears
South 12°04'55" East;
Thence southeast along said curve, through a central angle of 105'41'32", an arc
length of 110.68 feet to a tangent line;
Thence South 03°36'37" West, 172.06 feet to the beginning of a tangent curve
concave to the east, having a radius of 630.00 feet;
Thence south along said curve, through a central angle of 23°34'51", an arc
length of 259.28 feet to a tangent line;
Thence South 19 058'14" East, 151.54 feet;
Thence North 90°00'00" West, 112.04 feet;
Thence South 00°2428" West, 55,83 feet;
Thence North 89035 132" West, 195,00 feet;
Thence North 88°56 128" West, 64.31 feet;
Thence North 85°17'02" West, 63.79 feet;
Thence North 80°47'33" West, 63.79 feet;
Thence North 76°35'39" West, 63,79 feet;
Thence North 73°48'43" West, 194.88 feet;
Thence North 7406'21" West, 68.67 feet;
Thence North 77°5916" West, 112.24 feet to the POINT OF BEGINNING.
U:11000110031SurveyTIOCSVI003-Porcel 39 Legadocx

The above described parcel contains a computed area of 529952.16 sq. ft.
(12.166 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
UM 000110031SurveylDOCS11003-Parcel 39 Legal.docx

EAST QUARTER CORNER
(:) CENTER OF SECTION SECTION 16, T2N, R2W
z-SECTION 16, T2N, R2W FOUND 3" MCDOT
FOUND 3/4" REBAR BRASS CAP FLUSH
NO STAMPING
Li 0—NS89.51'13"E 2632.62'
C3 L9 \.
S1 204'55"E
\J\ C4--/ (RADIAL)
, CS—s CNi
Cl N58'01 '48"E
(RADIAL)
0
PARCEL 39
L22
589'29'35"E
429.00' L19—I L17 L15--\
P.O.B. L21 1.2-6 L16 L14
ROAD
L18
PERRYVILLE
N.
LI
SOUTH QUARTER CORNER OF SECTION SOUTHEAST CORNER OF SECTION 16,
15, TOWNSHIP 2 NORTH, RANGE 2 TOWNSHIP 2 NORTH, RANGE 2 WEST,
WEST, FOUND 3" MARICOPA COUNTY FOUND 3" MARICOPA COUNTY
DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION BRASS
i BRASS CAP FLUSH STAMPED "516, CAP IN HAND HOLE, DOWN 0,6±,
521, RLS 25411" DATED 2009 STAMPED "T2N, R2W, S15, S16, S21, 522
RO,C, RLS 26411" DATED 2009
CAMELBACK ROAD
S8937'1 6"E 2637.51'
P.O.C. - POINT OF COMMENCING
P.O.B. - POINT OF BEGINNING SHEET 3 OF 4
PROJ.NO.: 1003 ZANJERO TRAILS PHASE
DATE: JUNE 2016 PARCEL 39
SCALE: NTS MARICOPA COUNTY, ARIZONA H I LGARTW1 LSD N
DRAWN BY: RAJ 2141 E. HIGHLAND AVE., 57E. 250
CHECKED BY: RAJ EXHIBIT " A " PHOENIX, AZ 85016
P: 602,490.0535j F: 602.368.2436
MIO00111000033\Vuurrvvyy\V005\1043—PRCL 39 EY,HIBIT,cfwg 7/1:22001166 99:88 iAhl

LINE TABLE LINE TABLE
LINE # DIRECTION LENGTH LINE # DIRECTION LENGTH
L1 NO3'34 117"E 128.18' L21 N73.48' 43"W 194.88'
L2 N12.40 112"E 139,50' L22 N74•06'21"W 68,67'
L3 N76 .35`51"W 122.31' L23 N77'59'16"W 112.24'
L4 N13•24'09"E 55.32'
L5 N00.30 1 47"E 7.55'
L6 S89 .29 113"E 312.99'
L7 S4310'031 58.18'
L8 N4649'57"E 113.74'
L9 N90.00'00"E 174.68' CURVE TABLE
L10 N77'55'051 22.36' CURVE # RADIUS DELTA LENGTH
L11 522'16'45"E 49.79' Cl 425,00' 12°53'22" 95.61'
L12 S03.36 137"W 172,06' C2 80.00' 13606'31" 190.04'
L13 S1958'14"E 151.54' C3 200.00' 14'08'19" 49.35'
L14 N90.001009W 112.04' C4 200.00' 1204'55" 42.17'
L15 S00'24'28"W 55,83' C5 60.00' 105'41'32" 110,68'
L16 N89'35'32"W 195.00' C6 630.00' 23'34'51" 259.28'
L17 N88'56'28"W 64.31'
L18 N8517'02"W 63.79'
L19 N80'47'33"W 63.79'
L2D N76'35'39"W 63.79'
SHEET 4 OF 4
PROJ.NO.: 1003 ZANJERO TRAILS PHASE 1
DATE: JUNE 2016 PARCEL 39 /SON
SCALE: NTS MARICOPA COUNTY, ARIZONA H I LGAIITWI LS N
DRAWN BY: RAJ 2141 E. HIGHLAND AVE., sm. 250
CHECKED BY: RAJ EXI-111BIT PHOENIX, AZ 85016
P: 602.4100535 / F: 602.30_8,2436
LI: 100001,1003\survey\DOCS\1003—PRCL 39 EXHINT.dwg 7/1/2015 9213 AM

EXHIBIT "B"
INTERIM MASTER DRAINAGE EASEMENT

—BLANKET DRAINAGE —
EASEMENT/MANAGE
ACCESS EASEMENT FOR
PHASES IA & 113
r-
L
'BLANKET DRAINAGE
EASEMENT/DRAINAGE
ACCESS EASEMENT FOR
PHASES IA dc 1B
BLANKET DRAiNAGE
01+:00 EASEMENT/DRAINAGE ACCESS EASEMENT FOR
PHASES IA & 1B
DEVELOPMENT
PHASE BOUNDARY
BLANKET DRAWAGE
• ••
PROWNO.: 1003 ZANJERO TRAILS DRAINAGE EASEMENT
DATE: 10/02/2015 PERRYIALLE RD. St BETHANY HOME RD. ALIGNMENT Arfirs
SCALE: N. T.S. MARICOPA COUNTY. ARIZONA HI LGARTWILSON
DRAWN BY: KO 2141 E. HIGHLAND AVE,, STE. 250
EX H I BIT 9 9 B 9 9 PHOENIX, AZ 85016
CHECKED BY: ZH
P: 6_01 49111_5_35 / E . 6D7.368.7436
u:\1on\0003\ENCR\EXHBITS\1003 PH1A dc TB DRAINAGE EXHIBLT dwg 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 ("Easement Extinguishment and Agreement 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 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 BOA was granted an interim blanket drainage easement
over, upon, and across that certain identified real property in the Zanjero Trails Phase I
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 (a) the Owner (as defined in the Agreement) has
constructed the permanent drainage facilities within Zanjero Trails development Parcel 39, as
contemplated in the Agreement, which the County has approved, and (b) the Permanent
Drainage Easement (as defined in the Agreement) has been recorded or will be recorded
concurrently with the recordation of this Easement Extinguishment and Agreement Termination.
Therefore, the Interim Blanket Drainage Easement and the Interim Drainage Access Easement,
both of which are identical to the boundaries of development Parcel 39, 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 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:
Simin Berry
Its: Trust Officer
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 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 Maricopa
County, a political subdivision of the State of Arizona, on behalf of the County.
NOTARY PUBLIC
My Commission Expires:
5