PARCEL 44 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 44
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 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 44 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 44,"
This Interim Blanket Drainage Easement is identical to the boundaries of Zanjero Trails
development Parcel 44, 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 44, 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 44 ("Final Plat Parcel 44").
Following approval and recordation of the Final Plat Parcel 44, Zanjero will construct permanent
drainage facilities ("Permanent Drainage Facilities") in certain tracts within Final Plat Parcel 44,
which tracts will be designated for drainage use in the Final Plat Parcel 44 ("Parcel 44 Drainage
Tracts") to manage storm water. These Parcel 44 Drainage Tracts will be conveyed to the HOA
through the Final Plat Parcel 44 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 44 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 44 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 44 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 44 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 44, 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 ae9& day of 3/.)5 , 2016, before me the undersigned Notary
Public personally appeared ,57 n e_cri.4 , known to me to be the
5rnioc Off)-ce-r 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.
9 /tutt Y9? 15'-j2/y
NOTARY PUBLIC
My Commission Expires:
9/1 1/126/7 OFFICIAL SEAL
JULIE M. KING
NOTARY MARICOPA PUBLIC - COUNTY State of Arizona
My Comm. Expires March 1 4, 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 acilk day of iqu.,„,,s4- , 2016, before me the undersigned Notary
Public personally appeared Sean T. Valters, 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:
31_41. 7 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:
--p(e_, ikoke, 4
STATE OF ARIZONA
) ss:
County of Marieopa
On this P4ftday of atIR 05k , 2016, before me the undersigned Notary
Public personally appeared 5 etxx\ T. 1,0c3A.ek- , known to me to be the
'The_6 icke 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:
OFFICIAL SEAL
JULIE M. KING
NOTARY MARICOPA PUBLIC - couNr( 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:
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 44

EXHIBIT "A"
LEGAL DESCRIPTION
Parcel 44
A parcel of land being situated within the Southeast Quarter of Section 16,
Township 2 North, Range 2 West of the Gila arid Salt River Meridian, Maricopa
County, Arizona, being more particularly described as follows:
COMMENCING at the East Quarter Corner (3' McDOT brass cap flush) of
Section 16 from which the Southeast Corner (3" McDOT brass cap in hand hole)
of said Section 16 bears South 00°23'59" West, 2637.29 feet;
Thence, along the east line of the Southeast Quarter, South 00 023 159" West,
1071.89 feet;
Thence, leaving said east line, North 89°36'01" West, 65.00 feet to the POINT
OF BEGINNING;
Thence, South 00023'59" West, 866.91 feet;
Thence, North 89°36'55" West, 1066.60 feet;
Thence, North 00°24'28" East, 244.85 feet to the beginning of a tangent curve,
concave southeasterly, having a radius of 20.00 feet;
Thence, northeasterly along said curve, through a central angle of 90°0000 1 , an
arc length of 31.42 feet to a non-tangent line;
Thence, North 00°24'28" East, 50.00 feet to the beginning of a non-tangent
curve, concave northeasterly, having a radius of 20.00 feet, the center of which
bears North 00024'28" East;
Thence, northwesterly along said curve, through a central angle of 90°00'00", an .
arc length of 31.42 feet to a point of tangency;
Thence, North 00°24'28" East, 362.21 feet to the beginning of a tangent curve,
concave southwesterly, having a radius of 1030.00 feet;
Thence, northwesterly along said curve, through a central angle of 09°30'57", an
arc length of 171.07 feet to a non-tangent line;
Thence, South 89u35 132" East, 1080.65 feet to the POINT OF BEGINNING.
Said parcel of land containing 924,451 sq. ft., or 21.222 acres, more or less and
being subject to any easements, restrictions, and/or rights-of-way.
U:1100011003\Survey1DOCS11003-Parcel 44 Legal,docx

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
2141 E. Highland Avenue, Suite 250 WM:Vv. r .
Phoenix, AZ 85016
Project No. 1003 374
Date: June 2016 . ROBERT A.
JOHNSTON 1
tte 1,55
P 8 3
U:11000110031Survey\DOCS11003-Parcer 44 Legal.docx

EAST QUARTER CORNER
SECTION 16, 12N, R2W
FOUND 3" MCDOT
BRASS CAP FLUSH
NO STAMPING
58935'32"E 1080.65'
Li
P.O.B.
"W
C2 N00.24)28"E
RADIAL
--L3 S00°23'59
C 1
N89•36'55"W 1066.60'
W. CAMELBACK RD
:es
SOUTHEAST CORNER
SECTION 16, T2N, R2W
FOUND 3" MCDOT
BRASS CAP IN HAND HOLE
STAMPED T2N R2W S15 S16
521 S22, RLS 26411,
DATED 2009
— POINT OF COMMENCING
F.O.B. — POINT OF BEGINNING SHEET 1 OF 2
PROWNO.: 1003 ZANJERO TRAILS PHASE 'I
DATE: JUNE 2016 PARCEL 44
SCALE: NTS MARICOPA COUNTY, ARIZONA HILGARTWILSON
DRAWN BY: ARC 2141 E. HIGHLAND AVE., STE. 250
CHECKED BY: RAJ EXHIBIT "A" PHOENIX, AZ 85016
P: 602.490.0535 / F: 602.368.2436
L/A1000\1003\Survey10009\LEGAL 1003-PHIA4ARCEL 44\1N -PIMA-PARCEL 44 EXHIRIT.drig 7/1/2016 9;47 AM

LINE TABLE
LINE # DIRECTION LENGTH
Li 1\189'36'01W 65,00'
L2 N00.24'28 uE 244.85'
L3 N00*24'28 H E 50,00'
L4 N00.24'281 362.21'
CURVE TABLE
CURVE # RADIUS DELTA LENGTH
Cl 20.00' 90.00'009 31.42'
C2 20.00 1 90'00'0O n 31.42'
03 1030.00' 9 .30'57" 171.07'
SHEET 2 OF 2
PROWNO.: 1003 ZANJERC -tirrAorT 1111-11/LT7
DATE: JUNE 2016 4444).
SCALE: NTS MARICOP HIJ.11€ HICC11,, HILGARTWILSON
DRAWN BY: ARC 2141 E. HIGHLAND AVE„ STE. 260
CHECKED BY: RAJ EXHIEV -T1 11 41 PHOENIX, AZ 85016
P: 602.490.0535 I F: 602.368,2436
1-1:1,1000\1003\Survey\DOCSVEGAN403—P1-11A-PARCEL 40003—PMA—PARCEL 44 EMBIT.derg 7/1/2016 gl 46 AM

EXHIBIT "B"
INTERIM MASTER DRAINAGE EASEMENT

PARCEL 99
— BLiiaiff
EASEMENT/DRAINAGE
ACCESS EASEMENT FOR
PHASES IA & 15
—BLANKET DRAINAGE —
EASEMENT/DRAINAGE
ACCESS EASEMENT FOR
PHASES IA & IS
BLANKET DRANAOE
EASEMENTYDRANAGE
ACCESS EASEMENT FOR
PHASES IA & IB
DEVELOPMENT
PHASE BOUNDARY
—BLANKET DRAINAGE —
EASEMENT/DRAINAGE
ACCESS EASEMENT FOR
PHASES IA & 15
PROWNO.: 1003 ZANJERO TRAILS DRAINAG E EASEMENT
DATE: 10/02/2015 ar
PERRYVILLE RD. & BETHANY HOME RD. ALIGNMENT
SCALE: N. T.S. MARICOPA COUNTY. ARIZONA HILGARTWILSON
2141 E. HIGHLAND AVE., STE. 250
DRAWN BY: KO
EX1-11BIT 9 9 9 PHOENIX, AZ 85016
CHECKED BY: ZH
P: 6_02.49D.0535 F: 60216&2436
U: \100D1,1003\ENGR\DHBITS\1003 PH1A Sc 1B DRAINAGE EMLEI.dwri 3/21/2016 5:53 AM

EXHIBIT "C"
When Recorded/Executed Mail to:
Maricopa County Planning
and Development Depattinent
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 Temtination") 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
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 44, 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 44,
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 Marieopa )
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