PARCEL 42 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 PHASE PARCEL 42
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
Maiicopa 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 BOA an interim blanket storm water
drainage easement over, upon, and across certain real property situated within Parcel 42 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 42."
Such Temporary Drainage Facilities shall be maintained in good condition, repair and operation
by the BOA 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 42; and thereafter, such temporary
drainage facilities shall be maintained in good condition, repair and operation by the Owner of
Parcel 42, 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 42, 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 42, 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 42, 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 42, 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 42 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 42 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
Permanent 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 42 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 42).
[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:
Simin Berry
Its: gal); r Trust Officer
STATE OF ARIZONA
) ss:
County of Maricopa
On this 0287 day of fritij 0 11 , 2016, before me the undersigned Notary
Public personally appeared Simin Berry , known to
me to be the 0 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.
My Commission Expires:
OFFICIAL SEAL
NOTARY JULIE PUBLIC M. - State KING 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: Mana2er
STATE OF ARIZONA )
) ss:
County of Marieopa )
On this 9-9Th- day of Paq 0 54 , 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.
LIMI lit tli
NOTARY PUBLIC
My Commission Expires:
44-11 11-
SEAL
JULIE M. KING
NOTARY MARICOPA PUBLIC - COUNTY State of Arizona
My Comm. Expires March 14,2011

HOA:
WINDROSE AT ZANJERO TRAILS COMMUNITY
ASSOCIATION INC., an Arizona not for profit corporation
By:
Its: 9Ye._ 5 catn-k
STATE OF ARIZONA
) ss :
County of Maricopa
On this (9..q+K day of 1IA3 4 , 2016, before me the undersigned Notary
Pu lic personally appeared tett\ T. LOCttke. , known to me to be the
['et_ -We-5 fa e--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:
3//4/01e I 7
OFFICIAL SEAL
JULIE M. KING
NOTARY PUBLIC - State of Arizona
My Comm. MARICOPA Expires COUNTY March 14,2011
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 42

EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 42
A parcel 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 Southeast Corner (3" McDot brass cap flush) of Section
16 from which the South Quarter Corner (3" McDot brass cap flush) of said
Section 16 bears North 89°37'16" West, 2637:51feet;
Thence North 89 037'16" West, 1631.67 feet, along the south line of the
Southeast Quarter of said Section 16;
Thence leaving said south line, North 00°22'44" East, 65.00 feet to the POINT
OF BEGINNING;
Thence North 00 02428" East, 333.68 feet;
Thence North 45°23'46" East, 99.01 feet;
Thence South 89°36'55" East, 370.00 feet;
Thence South 00 024'28" West, 378.64 feet to the beginning of a curve concave
to the northwest, having a radius of 25.00 feet;
Thence southwest along said curve, through a central angle of 8958'15", an arc
length of 39.26 feet to a tangent line;
Thence North 89'37'16" West, 415.01 feet along a line being 65.00 feet north of
and parallel with the south line of the Southeast Quarter of said Section 16 to the
POINT OF BEGINNING.
Said portion of land containing 175023.72 s.f., or 4018 acres, more or less.
This description shown hereon is not to be used to violate subdivision reg
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
000\1003\SURVEY \DOCSti 003-PARCEL 42 LEGAL.DOCX

EAST - WEST MID SECTION LINE
S89 .51'13"E 2632.62'
CENTER OF SECTION 16, T2N, EAST QUARTER CORNER SECTION 16,
R2W, FOUND 3/4" REBAR T2N, R2W FOUND 3" MCDOT BRASS
CAP FLUSH NO STAMPING
LINE TABLE
LINE # DIRECTION LENGTH
L1 N00'24' 28”E 333.66'
L2 N45`23)46"E 99.01 '
L3 S89 `36 ' 55 n E 370.00'
L4 SO0 '24' 28” W 378.64'
L5 N89 '37 ' 16" W 415.01 '
139' MWD
BEARDSLEY CANAL
CURVE TABLE
CURVE # RADIUS DELTA LENGTH
C1 25.00' 89'58'15" 39,26'
PARCEL 42
P/7;Ti-STSi
N0022'44 nE 65,00' 1631.67 '
N8937 '10/1/ 2637.51 '
W. CAMELBACK ROAD P.O.C.
SOUTH QUARTER CORNER OF SECTION 16, T2N, SOUTHEAST CORNER OF SECTION 16,
R2W, FOUND 3" MCDOT BRASS CAP FLUSH T2N, R2W, FOUND 3" MCDOT BRASS CAP
STAMPED "S16, 321, RLS 26411" DATED 2009 IN HAND HOLE, DOWN 0.6±, STAMPED
"T2N, R2W, 515, S16, 321, 522 RLS
26411" DATED 2009
P.O.C. - POINT OF COMMENCING
P.O.B. - POINT OF BEGINNING SHEET 2 OF 2
PROJ,NO.: 1003 ZANJERO TRAILS PHASE 1
JUNE 2016 PARCEL 42 ISM
NTS MARICOPA COUNTY, ARIZONA H I LGARTWI LEO N
DRAWN BY: SLM 99 2141 E. HIGHLAND AVE., STE. 250
CHECKED BY: RAJ EXHIBIT A"I PHOENIX, AZ 85016
P: 602.490,0535 / F: 602.368.2436
uNooD\lap3\Suryiy\DC/CS\1003—PRCL 42 EXHIaltdwg 7/1/201B 9:50 AM

EXHIBIT "B"
INTERIM MASTER DRAINAGE EASEMENT

W. ETHANY HOME RD
PARCEL 38
'BLANKET DRAINAGE.
EASEMENT/DRAINAGE
ACCESS EASEMENT FOR
PHASES IA & 18 tt?*
AtiftittitiVAIIWit14:4444:4411,4 4
PARCEL VA
PARCEL $8
L
PARCEL 4$
BLANKET DRAINAGE
0.4,130 EASEMENT/DRAINAGE
ACCESS EASEMENT FOR
PHASES IA & 18
rim rot DEWLOPME141
PHASE BOUNDARY
W, CAMELBACK RD
PROJ.NO.: 1003 ZANJERO TRAILS DRAINAGE EASEMENT
DATE: 10/02/2015 ra
PERRYVILLE RD, & BETHANY HOME RD, ALIGNMENT
SCALE: N. T.S. MARICOPA COUNTY. ARIZONA HILGARTWILSON
DRAWN BY: KO 2141 E. HIGHLAND AVE., STE. 250
EXHIBIT "B" PHOENIX, AZ 85016
CHECKED ,ELZ±I_1
IVZ.41-it),UOJD LF bk.)./
U: \100-3\ENGR\EXHIBITS-- \1003 PHIA dc' 18 MANAGE DD-IIBIT.Oofq 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 Tennination 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 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 (a) the Owner (as defined in the Agreement) has
constructed the permanent drainage facilities within Zanjero Trails development Parcel 42, 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 42, 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:
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