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May 8, 2024
S2023013
Page 1 of 2
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date:
May 8, 2024
Case #/Title:
S2023013 – White Tank Foothills Parcel 3.16
Supervisor District:
4
Applicant/Owner:
Joel Saurey, P.E., EPS Group, Inc. / Citrus & Northern, LLC
Request:
Final plat for 73 residential lots and 13 tracts in the R1-6 RUPD
zoning district
Site Location:
Generally located ¾ mile northwest of the northwest corner of
Citrus Rd. and Northern Ave. in the west Glendale area
Site Size:
Approximately 17.14 acres
County Island Status:
Yes (City of Glendale)
Additional
Comments:
Staff considers this final plat in substantial conformance with the
approved preliminary plat for White Tank Foothills Phase 3
(S2021015 and S2024008). It is a resubdivision or replat of Parcel
3.16 as shown on the White Tank Foothills Phase 3A final master
plat (S2023005). Additionally, this replat incorporates two tracts
(Q14 and 14Q) of the White Tank Foothills Phase 2 final plat into
Parcel 3.16 (MCR Bk. 1389, Pg. 38). This replat meets all applicable
subdivision regulations and zoning regulations for the R1-6 RUPD
zoning district as per Z2021050. Recording fees will be furnished
at the time of plat recordation. All requirements of the Maricopa
County Department of Transportation, the Maricopa County
Environmental Services Department, the Flood Control District of
Maricopa County, and the Drainage Review Division of the Maricopa
County Planning and Development Department have been met.
Recommendation:
Approval
Presented by:
Martin Martell, Planner
Reviewed by:
Darren Gérard, AICP, Planning Manager
Attachments:
Letter to the Board of Supervisors (1 page)
Final Plat (5 pages)
May 8, 2024
S2023013
Page 2 of 2
Narrative Report (8 pages)
Certificate of Assured Water (2 pages)
Fire Will Serve Letter (1 page)
LAFB Sign-Off Letter (1 page)
ALTA Land Survey (15 pages)
1130 N. Alma School Road, Suite 120, Mesa, AZ 85201 | T: 480.503.2250 | F: 480.503.2258 | www.epsgroupinc.com
GROUP
EPS
To:
Maricopa County
Board of Supervisors
501 N. 44th Street, Suite 200
Phoenix, AZ 85005
From: Joe Petrucci, PE
EPS Group, Inc.
Alma School Rd., Ste. 200
Mesa, AZ 85201
Date: October 25, 2023
Re:
White Tank Foothills Phase 3A
Board of Supervisors,
This letter is the formal request for approval of White Tank Foothills Phase 3A. Northern Citrus,
LLP is the responsible party for subdividing the land (please see contact information below). EPS
Group, Inc. is the responsible party for preparing the plat and verification of plat to cities and
towns within 3 miles.
Owner contact info:
Northern Citrus, LLP
Attn: Philip Miller, PMC Entitlement and Development
16 Spur Circle
Scottsdale, AZ 85251
developaz@gmail.com
Please do not hesitate to contact me directly should you have any additional questions or
comments.
Regards,
Joe Petrucci, PE
EPS Group, Inc.
Project:
Sheet No.
Job No.
Call at least two full working days
before you begin excavation.
Dial 8-1-1 or 1-800-STAKE-IT (782-5348)
In MARICOPACounty: (602)263-1100
Drawn by:
Reviewed by:
w w w . e p s g r o u p i n c . c o m
T:480.503.2250
F:480.835.1799
1130 N. Alma School Rd, Suite 120
|
Mesa, AZ 85201
"WHITE TANK FOOTHILLS PARCEL 3.16"
MARICOPACOUNTY, ARIZONA
A.G.
M.P.
20-1596
of 5
FP01
FINAL PLAT
1
’
CERTIFICATION OF COUNTY ASSESSOR
CERTIFICATION OF COUNTY TREASURER
BOARD OF SUPERVISORS
CASE NUMBER: S2023013
VICINITY MAP
SITE
SURVEYOR'S CERTIFICATION STATEMENT
A RE-PLAT OF PARCEL 3.16 OF "WHITE TANK FOOTHILLS PHASE 3A" FINAL PLAT
ACCORDING TO BOOK _____ OF MAPS, PAGE ____, RECORDS OF MARICOPA COUNTY, ARIZONA,
AND A RE-PLAT OF TRACTS 14Q AND Q14 OF
"WHITE TANK FOOTHILLS INFRASTRUCTURE" FINAL PLAT OF PHASE 2
ACCORDING TO BOOK 1389 OF MAPS, PAGE 38, RECORDS OF MARICOPA COUNTY, ARIZONA,
LOCATED IN THE WEST HALF OF SECTION 34,
TOWNSHIP 3 NORTH, RANGE 2 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPACOUNTY, ARIZONA
IN THE R1-6 RUPD ZONING DISTRICT
FINAL PLAT OF
"WHITE TANK FOOTHILLS PARCEL 3.16"
OWNER
BASIS OF BEARING
GENERAL NOTES
DEDICATION
ACKNOWLEDGMENT
SHEET INDEX
AREA SUMMARY TABLE
HOMEOWNERS RATIFICATION
ACKNOWLEDGMENT
FLOOD INFORMATION
ENGINEER
ASSURANCE STATEMENT –
PLANNING AND DEVELOPMENT
ACKNOWLEDGMENT
ACKNOWLEDGMENT
ACKNOWLEDGMENT
LEGAL DESCRIPTION
FINISHED PAD CERTIFICATION
LOT TRACKING TABLE
“
”
NOTICE OF WHITE TANK FOOTHILLS
DEVELOPMENT AGREEMENT
RECEIVED 9. APR 24
S2023013
TYPICAL LOT SETBACK
TYPICAL STREET SIDE
LOT SETBACKS
CURVE TABLE
CURVE TABLE
CURVE TABLE
LOT AREA TABLE
LOT AREA TABLE
LOT AREA TABLE
LOT AREA TABLE
TRACT USE TABLE
LINE TABLE
RIGHT OF WAY AREA TABLE
LEGAL DESCRIPTION
SHEET INDEX MAP
MCDOT DEPARTURE SIGHT TRIANGLES
ARTERIAL TO ARTERIAL
INTERSECTIONS
ALL OTHER INTERSECTIONS
Project:
Sheet No.
Job No.
Call at least two full working days
before you begin excavation.
Dial 8-1-1 or 1-800-STAKE-IT (782-5348)
In MARICOPACounty: (602)263-1100
Drawn by:
Reviewed by:
w w w . e p s g r o u p i n c . c o m
T:480.503.2250
F:480.835.1799
1130 N. Alma School Rd, Suite 120
|
Mesa, AZ 85201
"WHITE TANK FOOTHILLS PARCEL 3.16"
MARICOPA COUNTY, ARIZONA
A.G.
M.P.
20-1596
of 5
FP01
FINAL PLAT
2
SHEET 3
SHEET 5
SHEET 4
**
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DEVELOPMENT
STANDARDS TABLE
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W. NORTHERN AVENUE
69
65
64
63
72
71
70
61
60
68
67
66
73
TRACT L
59
58
57
56
55
52
54
53
51
TRACT J
62
TRACT M
TRACT K
W. EL CAMINITO DRIVE
W. LAURIE LANE
N. 184TH LANE
N. 185TH DRIVE
MATCH LINE SEE SHEET 4
40
0
40
80
scale
feet
Project:
Sheet No.
Job No.
Call at least two full working days
before you begin excavation.
Dial 8-1-1 or 1-800-STAKE-IT (782-5348)
In MARICOPACounty: (602)263-1100
Drawn by:
Reviewed by:
w w w . e p s g r o u p i n c . c o m
T:480.503.2250
F:480.835.1799
1130 N. Alma School Rd, Suite 120
|
Mesa, AZ 85201
"WHITE TANK FOOTHILLS PARCEL 3.16"
MARICOPA COUNTY, ARIZONA
A.G.
M.P.
20-1596
of 5
FP01
FINAL PLAT
3
LEGEND
GENERAL NOTES
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32
33
34
30
31
35
TRACT F
46
36
37
38
TRACT D
20
TRACT G
39
40
TRACT I
TRACT K
42
43
44
45
47
48
49
50
TRACT E
41
TRACT H
19
18
17
6
5
4
3
2
1
TRACT J
W. ECHO LANE
W. EVERGREEN ROAD
W. BUTLER DRIVE
N. 185TH DRIVE
N. 184TH LANE
MATCH LINE SEE SHEET 3
40
0
40
80
scale
feet
Project:
Sheet No.
Job No.
Call at least two full working days
before you begin excavation.
Dial 8-1-1 or 1-800-STAKE-IT (782-5348)
In MARICOPACounty: (602)263-1100
Drawn by:
Reviewed by:
w w w . e p s g r o u p i n c . c o m
T:480.503.2250
F:480.835.1799
1130 N. Alma School Rd, Suite 120
|
Mesa, AZ 85201
"WHITE TANK FOOTHILLS PARCEL 3.16"
MARICOPA COUNTY, ARIZONA
A.G.
M.P.
20-1596
of 5
FP01
FINAL PLAT
4
MATCH LINE SEE SHEET 5
LEGEND
10
9
8
26
27
28
29
12
13
14
16
21
22
20
24
23
25
TRACT B
11
TRACT E
15
17
TRACT A
TRACT C
7
6
TRACT A
TRACT A
W. BUTLER DRIVE
W. BUTLER DRIVE
W. SELDON LANE
N. 185TH DRIVE
N. 184TH LANE
MATCH LINE SEE SHEET 4
40
0
40
80
scale
feet
Project:
Sheet No.
Job No.
Call at least two full working days
before you begin excavation.
Dial 8-1-1 or 1-800-STAKE-IT (782-5348)
In MARICOPACounty: (602)263-1100
Drawn by:
Reviewed by:
w w w . e p s g r o u p i n c . c o m
T:480.503.2250
F:480.835.1799
1130 N. Alma School Rd, Suite 120
|
Mesa, AZ 85201
"WHITE TANK FOOTHILLS PARCEL 3.16"
MARICOPA COUNTY, ARIZONA
A.G.
M.P.
20-1596
of 5
FP01
FINAL PLAT
5
LEGEND
1
White Tank Foothills Phase 3A
Parcel 3.16
Final Plat Narrative
Case #: S2023013
NWC of Citrus Avenue & Northern Avenue in the Glendale area
Submitted: March, 2024
DEVELOPER
Northern Citrus, LLC
8901 E. Pima Center Parkway, Suite 225
Scottsdale, AZ 85258
CONSULTANT
EPS Group, Inc.
1130 N. Alma School, Suite 120
Mesa, AZ 85210
Contact: Joel Saurey, P.E.
Tel. 480-503-2250
Submitted to Maricopa County
2
Table of Contents
1.
Introduction and Purpose of Request .................................................................................................. 3
2.
Existing Conditions ................................................................................................................................ 4
3.
Description of Proposal ........................................................................................................................ 4
Residential Architecture ....................................................................................................................... 5
Project Signage Standards and Wall Standards .................................................................................... 5
Open Space Plan and Landscape Standards ......................................................................................... 5
Proposed Community Amenities .......................................................................................................... 5
4.
Relationship to Surrounding Properties ............................................................................................... 6
5.
Location and Accessibility ..................................................................................................................... 6
6.
Circulation System ................................................................................................................................ 6
7.
Project Phasing ..................................................................................................................................... 6
Phase 3A Improvements ....................................................................................................................... 6
Phase 3B Improvements ....................................................................................................................... 7
Offsite Improvements ........................................................................................................................... 7
8.
Community Facilities and Services........................................................................................................ 7
9.
Public Utilities and Services .................................................................................................................. 7
10. Conclusion ............................................................................................................................................. 8
3
1. Introduction and Purpose of Request
Northern Citrus, LLC desires to request the review of the infrastructure final plat of Parcel 3.16 of White
Tank Foothills Phase 3A. The White Tank Foothills Phase 3 site is Maricopa County Assessor Parcel
Numbers (APN) 502-09-012P, 012S, 014F, and 502-54-016, 021, 022. The proposed Parcel 3.16 subdivision
consists of 73 single family detached residential lots with one lot size of 50’ by 115’ (5,750 sf), totaling an
approximate 4.26 dwelling units per gross acre.
The site is approximately 17.14 gross acres of vacant undeveloped land and is zoned R1-6 RUPD. The
preliminary plat was approved on July 27, 2023 and was in conformance with the amendment of the White
Tank Foothills DMO (DMP2021001) and zone change with overlay (Z2021050) that was approved by the
Board of Supervisors on September 28, 2022.
The property is located on county land within the southern portion of the existing White Tank Foothills
Development Master Plan (DMP200002) and is the last phase of the community to be built. The
development of this property will expand housing opportunities for residents in an established and
mature area of the county where resources and infrastructure are in place to facilitate orderly and
efficient growth. The utilization of the existing infrastructure and infill development aligns with Maricopa
County Vision 2030 comprehensive plan’s development strategies.
White Tank Foothills Phase 3A – Parcel 3.16
A.P.N.
502-09-012S
Related Case No.’s
DMP200002, DMP2002006, Z2000136, DMP2013004,
DMP2021001, Z2021050, S2021015
Current Land Use
Vacant/Undeveloped
Existing Area Plan
White Tank / Grand Avenue Area Plan
Existing DMP Land Use Designation
Small Lot Residential (5-8 DU/Ac.)
Transitional Lot Residential (3-5 DU/Ac.)
Current Zoning District
R1-6 RUPD
Gross Area
17.14 acres
Net Area
12.46 acres
No. of Lots
50’ x 115’ (5,750 sf)
Total
73
73
Residential Density
4.26 du/ac
Open Space
1.50 acres (8.8% of gross area)
Supervisorial District
Supervisorial District 4
4
2. Existing Conditions
Project is currently vacant undeveloped land bounded by residential development and vacant parcels with
a moderate existing slope from the northwest to the southeast. The site is within FEMA flood zone X
designation per FIRM Panel 04013C1665L. Please refer to the drainage report for more information
regarding the flood plain designation. The site will be required to retain storm runoff from the adjacent,
vacant property to the west which will be intercepted by a proposed drainage channel along the west end
of the Project and routed along the north side of Northern Avenue. Another offsite flow arrives to impact
the site on its north edge coming from the northwest. This flow is carried in an existing channel between
the Phase 1 and Phase 3 parts of the master-planned community which will be designed to continue with
the Phase 3 development. These two channels shall meet at an offsite drainage detention basin at the
northwest corner of Northern and Citrus where the flow will discharge to an existing culvert crossing Citrus
Road to an existing channel east of the project site, to carry flow in its historic function. Please reference
the drainage report for additional information regarding retention and offsite flows. All improvements
located within tracts will be maintained by the White Tank Foothills HOA.
3. Description of Proposal
A request for review and approval of the replat for the White Tank Foothills Phase 3A – Parcel 3.16
subdivision. The proposed Parcel 3.16 community consists of 73 single family detached residential lots
with one lot size of 50’ by 115’ (5,750 sf) totaling an approximate 4.26 dwelling units per gross acre. The
proposed final plat shall be in conformance with the Z2021050 development standards listed below:
(1)
Irregularly shaped lots may be located at cul-de-sacs, street knuckles, and eyebrows. The
minimum front yard setback line for irregular or non-rectangular shaped lots shall be established
at the distance between the front property line and a line parallel to the street chord at the point
where said lot achieved the minimum lot width. But, in no case shall be less than the minimum
prescribed front yard for each zoning district, and in no instance shall this measurement line be
greater than 60 feet from the street cord.
(2)
5’ setback adjacent to a 10’ tract with a 1’ Vehicular Non-Access Easement.
Development Standard
Original
R1-6
RUPD
Approved
R1-6
RUPD
Max. Height
30’
30'
Min. Front Yard
10’
10’ (1)
Min. Side Yard
5’
5’
Min. Street Side Yard
10’ (2)
10’ (2)
Min. Rear Yard
20’
15’
Min. Lot Area
5,500 sf
5,500 sf
Min. Lot Width
50’
50’
Average Lot Area per Dwelling Unit
6,000 sf
6,000 sf
Max. Lot Coverage
45%
60%
Parking Spaces per Dwelling Unit
2
2
5
Residential Architecture
Building elevations and floor plans are in the preliminary design phase. Final architectural elevations,
floor plans and details will be provided for the County’s consideration and review during the permitting
process. Northern Citrus, LLC will offer multiple distinct residential standard plans for the proposed
development.
Project Signage Standards and Wall Standards
Project monument signage for White Tank Foothills Phase 3 is illustrated on the Preliminary Landscape
Plans. Entry monuments with signage are proposed at each entry into the community off of White Tank
Mountain Boulevard which is the continuation of the existing loop collector road of the White Tank
Foothills master planned community. The monumentation and signage will provide a strong sense of
arrival into the community. All proposed monument signage shall be in accordance to Maricopa County
Zoning Ordinance, Section 1402.
The theme and garden walls for this community provide privacy, and a sense of security for residents and
visitors while establishing an identity for the overall community. The simple yet elegant palette of
materials provides a consistent pattern and texture. For additional interest the walls include a simple
arrangement of 4x8x16 and 6x8x16 block modules. This subtle combination of desert earth toned
masonry provides an eye pleasing backdrop to the varying hues of green and bold desert plantings.
Open Space Plan and Landscape Standards
An Illustrative Landscape Open Space Plan has been designed and enclosed for reference with the
preliminary plat application. The development will provide evenly distributed amenity and open space
areas for White Tank Foothills Phase 3 easily accessible to all residents, which are the critical design
elements for the development. The open space areas will provide residents with an opportunity to
interact, socialize and gather as family and friends, creating a greater sense of community and
togetherness. Additional useable open space areas have been incorporated throughout the development
to provide further recreational opportunities for community residents. The total open space area includes
approximately 60.4 acres, or 26.0% of the project area. The open space of Phase 3 increases the overall
open space total of the entire White Tank Foothills master development plan to 147.90 acres, 23% of the
total project area. Phase 3 also proposes five parks which brings the total number of parks within the
White Tank Foothills master development plan to ten.
The total open space area for Parcel 3.16 includes approximately 1.50 acres, or 8.8% of the gross Parcel
3.16 area. All proposed landscape standards, plant material and ground cover for White Tank Foothills
Phase 3 shall be in accordance with the standards and shown on the Landscape Plans that were approved
as part of the preliminary plat.
Proposed Community Amenities
The open space areas provide within the community have been designed to accommodate connectivity
and provide passive and active areas for adults and children that include a variety of playground
equipment, shade structures, bench seating, games, a ramada with picnic tables, barbeque grill,
community lawn space for open play and plentiful trees providing ample shade. There are multiple large
open turf areas proposed in the development which residents may utilize for sports and picnic activities,
as shown on the Landscape Plans.
6
4. Relationship to Surrounding Properties
The Phase 3 site is located west of the City of Glendale and south of the City of Surprise in an
unincorporated part of Maricopa County. The Phase 3 site is bound by the large rural lots to the south
and east, the existing White Tank Foothills Community to the North, and undeveloped desert to the west.
North: White Tank Foothills Community (R1-7
RUPD PAD, R1-8 RUPD PAD & RU-43 PAD)
South: Large Rural Residences (RU-43)
East: Large Rural Residences (RU-43)
West: Undeveloped Desert (R1-6)
The proposed development has been designed to be compatible with the existing surrounding
developments.
5. Location and Accessibility
The Phase 3 site is located at the northwest corner of Northern Avenue and Citrus Road. The Loop 303
interchange with Northern Parkway is a short, mile and a half drive away to the east from the proposed
development. The proximity to the freeway will provide the future residents convenient access to a
nearby hospital, shopping, dining, entertainment, sporting facilities and connection to other major
freeways. Please refer to the Preliminary Plat for further detail on the sites location and accessibility.
6. Circulation System
The existing circulation system of the area supports the proposed single-family residential development
at this location. The primary points of access into the community shall be from the continuation of the
existing curved collector road White Tank Mountain Boulevard which connects to Citrus Road in the
northeast corner of the community. This collector road will dedicate 60’ of right of way, designed to
Maricopa County standard detail with 37’ of pavement and 6’ wide attached sidewalks. A secondary
collector road access designed with 60’ of right of way is provided via 181st Avenue to Sheldon Lane to the
northeast of the project. Internal local streets will include a 50’ right of way designed to Maricopa County
standard detail with 29’ of pavement and 6’ wide attached sidewalks. All streets will be constructed in
accordance with the MCDOT roadway design standards. Upon acceptance of the public streets, Maricopa
County will be responsible for maintaining the public streets. Local street cross sections are further
detailed on the Preliminary Plat.
7. Project Phasing
White Tank Foothills Phase 3 will be built in two phases, the west half being Phase 3A and the east half
being Phase 3B. Phase 3A shall be Parcels 3.13, 3.14, 3.15, 3.16, and 3.17 totaling 386 single family lots
and Phase 3B shall be Parcels 3.11, 3.12, 3.18, and 3.19 totaling 259 single family lots. The parcels in each
phase won’t necessarily be developed in numerical order.
Phase 3A Improvements
Phase 3A shall construct the full width of White Tank Mountain Boulevard from the existing connection
in the northwest of Phase 3A to the east boundary line of Parcel 3.13. From that point, the southern 20
feet of pavement shall be constructed east to 181st Avenue, then the east 20’ of pavement of 181st Avenue
will be constructed north to the existing connection to the northeast of the project to maintain two points
of fire access for Phase 3A. Each parcel in Phase 3A will then be constructed off the main collector, White
Tank Mountain Boulevard. Phase 3A shall also construct the drainage channel starting along the west
boundary and will turn east along the north side of Northern Avenue until about the east boundary of
7
Parcel 3.13, then it will empty into a temporary spreader basin. A box culvert will be constructed across
the future 181st Avenue to empty the flows of the existing drainage channel along the northwest boundary
of the project into another temporary spreader basin. Please see the phasing plan provided with the
preliminary plat and preliminary grading plans for more information.
Phase 3B Improvements
Phase 3B shall complete the full width construction of the White Tank Mountain Boulevard collector road
east to Citrus Road, as well as the full width construction of 181st Avenue to the north existing connection
point. Each parcel in Phase 3B will then be constructed off the main collector, White Tank Mountain
Boulevard. Phase 3B shall also remove the two temporary spreader basins built in Phase 3A and fully
construct the drainage channels as proposed. The north channel will continue east from the box culvert
built with Phase 3A and turn south along Citrus Road and the south channel will continue east along
Northern Avenue. Both will empty into a large spreader basin in the southeast corner of the project. The
main existing sewer line running through Phase 3B will be relocated at Parcel 3.11 so that it is located in
dedicated ROW’s. Please see the phasing plan provided with the preliminary plat and preliminary grading
plans for more information.
Offsite Improvements
Offsite arterial roadways (Citrus Road and Northern Avenue) are completed in Phasing. Citrus Road half
street improvements will be completed with Phase 3B development, while Northern Avenue for its full
length of project frontage has been agreed to be constructed under provisions of a Rezoning Stipulations
between County and developer for cash-in-lieu arrangements. Therefore, Northern Avenue will be fully
engineered with Phase 3A and a cash-in-lieu bond will be posted with Phase 3A and construction timing
will be determined by the provisions of the Rezoning Stipulations.
8. Community Facilities and Services
The White Tank Foothills Community Association shall own, manage, and maintain all common areas and
open space facilities. All landscaped tracts, open space and retention areas will be maintained by the
association.
9. Public Utilities and Services
This application request will not adversely affect municipal and private facilities and services. The request
will not have an adverse effect on existing or future public and private open space, recreation, schools or
library facilities. The following list identifies public and private services for the White Tank Foothills Phase
3 development:
Water:
EPCOR Water
Wastewater:
City of Surprise
Power:
Arizona Public Service (APS)
Gas:
Southwest Gas
Solid Waste:
Waste Management
Schools:
Dysart Unified School District
Police:
Maricopa County Sheriff
Fire/Medical: Rural Metro
8
10. Conclusion
The White Tank Foothills Phase 3 development will be a vibrant residential community in Maricopa
County, offering a variety of housing types and recreational opportunities for families and individuals. The
development team is committed to ensuring the creation of a high-quality neighborhood. We look
forward to working with Maricopa County and progressing with this exciting project. The development
team respectfully requests your favorable consideration of the Replat and associated documents.
STATE OF ARIZONA
DEPARTMENT OF WATER RESOURCES
CERTIFICATE OF ASSURED WATER SUPPLY
This is to certify that
Northern Citrus LLP, an Arizona limited liability partnership, Owner,
has met the requirements of A.R.S. §§ 45-576 and A.A.C.R12-15-701 et. seq., and
By powers vested in the Director of the Arizona Department of Water Resources by the
State of Arizona, and subject to the conditions contained in A.A.C. R12-15-701 et seq.,
Is issued this Certificate of Assured Water Supply for
White Tank Foothills Phase 3
Township 3 North, Range 2 West, Section 34
GSRB&M Maricopa County, PHOENIX AMA
The referenced subdivision consists of 645 lots as described in the preliminary plat on file with the
Department, and has an estimated water demand of 356.57 acre-feet per year. The subdivision will
be served groundwater by EPCOR - Agua Fria.
This Certificate is invalid as to any entity not named above.
This Certificate may be assigned pursuant to A.A.C. R12-15-705.
Certificate Number: 31-401563.0006
Original Issue Date: May 9, 2005
ARIZONA DEPARTMENT OF WATER RESOURCES
____________________________________________
______J_u__n_2_3_,_2_0_2_3_________
Program Manager
Date
TYPE A CERTIFICATE
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003904 (8-23-18)
Page 1 of 15
ALTA Commitment for Title Insurance (8-1-16)
Arizona
Commitment
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
File No: NCS-1060502-PHX1
COMMITMENT FOR TITLE INSURANCE
Issued By
FIRST AMERICAN TITLE INSURANCE COMPANY
NOTICE
IMPORTANT-READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE
POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION,
OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE
COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE
PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO
EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED
IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE
COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER
PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and the Commitment Conditions,
First American Title Insurance Company, a Nebraska Corporation (the "Company"), commits to issue the Policy
according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date
shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the
specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured.
If all of the Schedule B, Part I-Requirements have not been met within six months after the Commitment Date, this
Commitment terminates and the Company's liability and obligation end.
If this jacket was created electronically, it constitutes an original document.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003904 (8-23-18)
Page 2 of 15
ALTA Commitment for Title Insurance (8-1-16)
Arizona
COMMITMENT CONDITIONS
1. DEFINITIONS
(a) “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.
(b) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land”
does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or
easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent
that a right of access to and from the Land is to be insured by the Policy.
(c) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized
by law.
(d) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by
the Company pursuant to this Commitment.
(e) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this
Commitment.
(f) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be
issued pursuant to this Commitment.
(g) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive
notice of matters relating to real property to purchasers for value and without Knowledge.
(h) “Title”: The estate or interest described in Schedule A.
2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue
Policy, this Commitment terminates and the Company’s liability and obligation end.
3. The Company’s liability and obligation is limited by and this Commitment is not valid without:
(a) the Notice;
(b) the Commitment to Issue Policy;
(c) the Commitment Conditions;
(d) Schedule A;
(e) Schedule B, Part I—Requirements; and
(f) Schedule B, Part II—Exceptions.
4. COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien,
encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the
Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
(a) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the
interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended
Commitment, resulting from the Proposed Insured’s good faith reliance to:
(i) comply with the Schedule B, Part I—Requirements;
(ii) eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or
(iii) acquire the Title or create the Mortgage covered by this Commitment.
(b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had
Knowledge of the matter and did not notify the Company about it in writing.
(c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the
expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
(d) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and
described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(e) The Company shall not be liable for the content of the Transaction Identification Data, if any.
(f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B,
Part I—Requirements have been met to the satisfaction of the Company.
(g) In any event, the Company’s liability is limited by the terms and provisions of the Policy.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003904 (8-23-18)
Page 3 of 15
ALTA Commitment for Title Insurance (8-1-16)
Arizona
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
(a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.
(b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.
(c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with
respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and
proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment.
(d) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide
coverage beyond the terms and provisions of this Commitment or the Policy.
(e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the
Company.
(f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be
under the Policy.
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The
issuing agent is not the Company’s agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company
may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed
Insured, nor is it a commitment to insure.
9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be
arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured
may review a copy of the arbitration rules at http://www.alta.org/arbitration.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003904 (8-23-18)
Page 4 of 15
ALTA Commitment for Title Insurance (8-1-16)
Arizona
Schedule A
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
File No: NCS-1060502-PHX1
Transaction Identification Data for reference only:
Issuing Agent: First American Title Insurance Company National
Commercial Services
Issuing Office: 2425 E. Camelback Road, Suite 300,
Phoenix, AZ 85016
Commitment No.: NCS-1060502-PHX1
Issuing Office File No.: NCS-1060502-PHX1
Property Address: , , AZ
Escrow Officer: Name: Angelique Sizemore
Revision No.:
Email:
Phone: (602)567-8100
Title Officer:
Name: Ron B. Robertson
Email:
Phone: (602)567-8100
SCHEDULE A
1.
Commitment Date: April 06, 2021, at 8:00 AM
2.
Policy to be issued:
(a)
☒ ALTA® 2006 Extended Owner's Policy
Proposed Insured: To Be Determined
Proposed Policy Amount: $1,000,000.00
(b)
☐ ALTA® Policy
Proposed Insured:
Proposed Policy Amount: $
(c)
☐ ALTA® Policy
Proposed Insured:
Proposed Policy Amount: $
3.
The estate or interest in the Land described or referred to in this Commitment is
Fee Simple
4.
Title to the estate or interest in the Land is at the Commitment Date vested in:
Citrus & Northern LLC, an Arizona limited liability company as to Parcel Nos. 1 and 2 and Epcor Water
Arizona, an Arizona corporation as to Parcel No. 3
5.
The Land is described as follows:
See Exhibit "A" attached hereto and made a part hereof
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003904 (8-23-18)
Page 5 of 15
ALTA Commitment for Title Insurance (8-1-16)
Arizona
Schedule BI & BII
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
File No: NCS-1060502-PHX1
Commitment No.: NCS-1060502-PHX1
SCHEDULE B, PART I
Requirements
All of the following Requirements must be met:
1.
The Proposed Insured must notify the Company in writing of the name of any party not referred to in
this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The
Company may then make additional Requirements or Exceptions.
2.
Pay the agreed amount for the estate or interest to be insured.
3.
Pay the premiums, fees, and charges for the Policy to the Company.
4.
Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured,
or both, must be properly authorized, executed, delivered, and recorded in the Public Records.
5.
Compliance with A.R.S. 11-480 relative to all documents to be recorded in connection herewith. See
note at end of this section for details
NOTE: In connection with Arizona Revised Statutes 11-480, as of January 1, 1991, the County
Recorder may not accept documents for recording that do not comply with the following:
a. Print must be ten-point type or larger.
b. A margin of two inches at the top of the first page for recording and return address information
and margins of one-half inch along other borders of every page.
c. Each instrument shall be no larger than 8-1/2 inches in width and 14 inches in length.
NOTE: In the event any Affidavit required pursuant to A.R.S. 33-422 relating to unsubdivided land in
an unincorporated area of a country has been, or will be, recorded pertaining to the Land, such as
Affidavit is not reflected in this Commitment nor will it be shown in any policy to be issued in
connection with this Commitment.
NOTE to proposed insured lender only: No Private transfer fee covenant, as defined in Federal
Housing Finance Agency Final Rule 12 CFR Part 1228, that was created and first appears in the Public
Records on or after February 8, 2011, encumbers the Title except as follows: None
(Affects Parcel Nos. 1 and 3)
6.
Pay second half of 2020 taxes.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003904 (8-23-18)
Page 6 of 15
ALTA Commitment for Title Insurance (8-1-16)
Arizona
NOTE: Taxes are assessed in the total amount of $4,622.64 for the year 2020 under Assessor's
Parcel No. 502-09-012P 5.
(Affects Portion of Parcel No. 1)
NOTE: Taxes are assessed in the total amount of $17,580.08 for the year 2020 under Assessor's
Parcel No. 502-09-012S 2.
(Affects Portion of Parcel No. 1)
NOTE: Taxes are assessed in the total amount of $5,548.10 for the year 2020 under Assessor's
Parcel No. 502-09-014F 1.
(Affects Portion of Parcel No. 1)
7.
All of 2020 taxes are paid in full.
NOTE: Taxes are assessed in the total amount of $315.66 for the year 2020 under Assessor's Parcel
No. 502-09-012R 3.
(Affects Parcel No. 3)
NOTE: Taxes are assessed in the total amount of $7.94 for the year 2020 under Assessor's Parcel
No. 502-54-016 7.
(Affects Tract Q14 of Parcel No. 2)
NOTE: Taxes are assessed in the total amount of $7.94 for the year 2020 under Assessor's Parcel
No. 502-54-021 7.
(Affects Tract 14Q of Parcel No. 2)
8.
Proper evidence showing that all assessments due and payable, levied by White Tank Foothills
Community Association., have been paid to and including the closing date of this transaction.
9.
Payment in full of all assessments, late charges, transfer fees, and any other amounts due Maricopa
County Municipal Water Conservation District No. 1..
10.
We find no outstanding voluntary liens of record affecting subject property. Disclosure should be
made concerning the existence of any unrecorded lien or other indebtedness which could give rise to
any possible security interest in the subject property.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003904 (8-23-18)
Page 7 of 15
ALTA Commitment for Title Insurance (8-1-16)
Arizona
11.
Furnish Plat of Survey of the subject property by a Registered Land Surveyor in accordance with the
"Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys" which became effective
February 23, 2021. Said Plat of survey shall include the required certification and, at a minimum, also
have shown thereon Items 1, 8, 11, 16, 17, and 18 from Table A thereof. If zoning assurances are
requested, Items 7(a), 7(b), 7(c) and 9 from Table A and information regarding the usage of the
property must be included.
NOTE: If a Zoning Endorsement is requested, Items 7(a), 7(b) and 7(c) of Table A will also be
required. If "parking" is to be added to the endorsement, the number and type of parking spaces
must be shown on the survey. Property use information must also be provided to First American
Title Insurance Company.
12.
Furnish copies of any existing leases affecting the within described property and insertion of said
leases in Schedule B of the Policy of Title Insurance.
13.
Furnish a copy of the Articles of Organization, stamped "filed" by the Arizona Corporation
Commission; a fully executed copy of the Operating Agreement, and any amendments thereto; and a
list of the current members of Citrus & Northern, L.L.C., a limited liability company.
(Affects Parcel Nos. 1 and 2)
14.
Furnish a certified copy of a resolution by the Board of Directors of Epcor Water Arizona, an Arizona
corporation, attested to by its secretary, authorizing this transaction and naming the officers
authorized to execute the instruments necessary to complete this transaction.
(Affects Parcel No. 3)
15.
Furnish the names of parties to be insured herein and disposition of any matters disclosed thereby.
16.
Approval by all parties to this transaction of the description used herein.
(Affects Parcel Nos. 1 and 2)
17.
The subject land does not appear to abut a public road nor to be served by any right of way or
easement for access. Evidence of a right of access satisfactory to the Company must be provided to
the Company.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003904 (8-23-18)
Page 8 of 15
ALTA Commitment for Title Insurance (8-1-16)
Arizona
*************************************************************************
*****
ACCESS NOTE : A cursory search of the title does not indicate a right of access to this
property. In order to attempt to reduce the potentially vast number of properties that may
need to be searched to determine the existence of such right, we require a map showing the
physical route taken to and from the land. No further search for access will be attempted
until such map is received. Further, additional charges may be made to make the necessary
examinations of property to determine access. However, no work that would incur additional
charges shall be commenced without approval of the appropriate parties to this transaction.
An exhaustive search of surrounding properties does not guaranty the existence of insurable
access even though the roads providing physical access to the property are maintained by a
government entity. In the event this transaction is closed prior to a final determination of
the existence of an insurable right of access the following exception shall be placed in
Schedule B of the policy:
"The lack of a right of access to and from the land."
*************************************************************************
*****
18.
Record Warranty Deed from Epcor Water Arizona, an Arizona corporation to Citrus & Northern, L.L.C.,
an Arizona limited liability company.
(Affects Parcel No. 3)
19.
Record Warranty Deed from Citrus & Northern, L.L.C., an Arizona limited liability company to
Buyer(s).
NOTE: If this will be other than a Cash Transaction, notify the title department prior to close and
additional requirements will be made.
20.
Such further requirements as may be necessary after completion of the above.
21.
Return to title department for final recheck before recording.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003904 (8-23-18)
Page 9 of 15
ALTA Commitment for Title Insurance (8-1-16)
Arizona
Schedule BI & BII (Cont.)
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
File No: NCS-1060502-PHX1
Commitment No.: NCS-1060502-PHX1
SCHEDULE B, PART II
Exceptions
THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION
CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE
SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW
BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP,
FAMILIAL STATUS, OR NATIONAL ORIGIN.
The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or
easement identified in Schedule A, and will include the following Exceptions unless cleared to the
satisfaction of the Company:
1.
Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the
Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on
which all of the Schedule B, Part I-Requirements are met.
2.
(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority
that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a
public agency that may result in taxes or assessments, or notices of such proceedings, whether or
not shown by the records of such agency or by the Public Records.
3.
Any facts, rights, interests, or claims that are not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession thereof.
4.
Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
5.
Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which
a correct survey would disclose, and which are not shown by the Public Records.
6.
(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under
(a), (b), or (c) are shown by the Public Records.
7.
Any lien or right to a lien for services, labor, material or equipment, unless such lien is shown by the
Public Records at Date of Policy and not otherwise excepted from coverage herein.
Exceptions above will be eliminated from any A.L.T.A. Extended Coverage Policy, A.L.T.A.
Homeowner's Policy, A.L.T.A. Expanded Coverage Residential Loan Policy and any short form
versions thereof. However, the same or similar exception may be made in Schedule B of
those policies in conformity with Schedule B, Part Two of this Commitment.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003904 (8-23-18)
Page 10 of 15
ALTA Commitment for Title Insurance (8-1-16)
Arizona
1.
Taxes for the full year of 2021.
(The first half is due October 1, 2021 and is delinquent November 1, 2021. The second half is due
March 1, 2022 and is delinquent May 1, 2022 .)
2.
Any charge upon said land by reason of its inclusion in White Tank Foothills Community Association,
an Arizona non-profit association. (All assessments due and payable are paid.)
3.
Any charge upon said land by reason of its inclusion in Maricopa County Municipal Water
Conservation District No. 1 as shown in Map recorded in Book 24 of Maps, Page 3. (All assessments
due and payable are paid.)
4.
Reservations or Exceptions in Patents, or in Acts authorizing the issuance thereof.
5.
Restrictions, dedications, conditions, reservations, easements and other matters shown on the plat
recorded in Book 18 of Maps, Page 13, and in Book 53 of Maps, Page 17, but deleting any covenant,
condition or restriction indicating a preference, limitation or discrimination based on race, color,
religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or
restrictions violate 42 USC 3604(c).
(Affects all Parcels)
6.
An easement for canals and laterals for transportation and distribution of irrigation water and
incidental purposes in the document recorded in Book 343 of Deeds, Page 315.
(Affects all Parcels)
7.
The terms and provisions contained in the document entitled "Sewer Impact Fee Notice"
recorded October 20, 2004 as 2004-1223048 of Official Records
and First Amendment recorded January 13, 2011 as 2011-38156 of Official Records and Second
Amendment recorded December 19, 2017 as 2017-937702 of Official Records and Third Amendment
recorded October 28, 2019 as 2019-0862877 of Official Records
(Affects all Parcels)
8.
The terms and provisions contained in the document entitled "Memorandum of White Tank Foothills
Development Agreement" recorded January 3, 2005 as 2005-0004863 of Official Records.
(Affects all Parcels)
9.
The terms and provisions contained in the document entitled "Memorandum of Agreement"
recorded January 18, 2005 as 2005-0068903 of Official Records.
(Affects Parcel No. 3)
10.
The terms and provisions contained in the document entitled "Agreement and Notice of Municipal
Provider Reporting Requirements Regarding Membership in the Central Arizona Groundwater
Replenishment District" recorded March 23, 2005 as 2005-0352067 of Official Records.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003904 (8-23-18)
Page 11 of 15
ALTA Commitment for Title Insurance (8-1-16)
Arizona
(Affects all Parcels)
11.
The terms and provisions contained in the document entitled "Declaration of Covenants Conditions
and Restrictions Regarding Membership in the Central Arizona Groundwater Replenishment District"
recorded March 23, 2005 as 2005-0352068 of Official Records.
(Affects all Parcels)
12.
The terms and provisions contained in the document entitled "Memorandum of Agreement"
recorded June 30, 2005 as 2005-0903693 of Official Records.
(Affects all Parcels)
13.
Covenants, Conditions and Restrictions as set forth in Declaration of Covenants, Conditions and
Restrictions for White Tank Foothills recorded May 24, 2006 as 2006-0704323 of Official Records, but
deleting any covenant, condition or restriction indicating a preference, limitation or discrimination
based on race, color, religion, sex, handicap, familial status or national origin to the extent such
covenants, conditions or restrictions violate 42 USC 3604(c).
(Affects all Parcels)
14.
Restrictions, dedications, conditions, reservations, easements and other matters shown on the plat
of Final Plat of Phase 2 White Tank Foothills Infrastructure, as recorded in Plat Book 1389 of Maps,
Page 38, but deleting any covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status or national origin to the
extent such covenants, conditions or restrictions violate 42 USC 3604(c).
(Affects Parcel No. 2)
15.
The terms and provisions contained in the document entitled "Sewer Service Agreement"
recorded August 28, 2018 as 2018-649208 of Official Records.
(Affects all Parcels)
16.
The terms and provisions contained in the document entitled "Joint Development Agreement as
disclosed by Memorandum of Agreement" recorded March 23, 2018 as 2018-218865 of Official
Records. By and between Meritage Homes of Arizona, Inc., an Arizona corporation and Northern
Citrus LLP, an Arizona limited liability partnership.
(Affects Parcel No. 3)
17.
The terms, provisions and easement(s) contained in the document entitled "Easement Agreement"
recorded November 14, 2014 as 2014-0753224 of Official Records and First Amendment recorded on
October 04, 2016 as 2016-0724163 of Official Records.
(Affects all Parcels)
18.
The terms and provisions contained in the document entitled "Memorandum of Donation Agreement"
recorded November 15, 2018 as 2018-0851452 of Official Records.
(Affects Parcel Nos. 1 and 3)
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003904 (8-23-18)
Page 12 of 15
ALTA Commitment for Title Insurance (8-1-16)
Arizona
19.
All matters as set forth in Pesticide Restrictive Covenant, recorded November 15, 2018 as 2018-
0851453 of Official Records.
(Affects Parcel Nos. 1 and 3)
20.
Any claim that the Title is subject to a trust or lien created under The Perishable Agricultural
Commodities Act, 1930 (7 U.S.C. §§499a, et seq.) or the Packers and Stockyards Act (7 U.S.C. §§181
et seq.) or under similar state laws.
Consideration for the deletion of this exception is highly fact intensive. Please contact the underwriter
assigned to your file as soon as possible to discuss.
(Affects Parcel No. 1)
21.
Lack of a right of access to and from the land.
22.
Any facts, rights, interests or claims that may exist or arise by reason of the following matters
disclosed by an ALTA/NSPS survey made by _______ on _______, designated Job Number _______:
_______________
23.
The rights of parties in possession by reason of any unrecorded lease or leases or month to month
tenancies affecting any portion of the within described property.
NOTE: This matter will be more fully set forth or deleted upon compliance with the applicable
requirement(s) set forth herein.
24.
Water rights, claims or title to water, whether or not shown by the public records.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003904 (8-23-18)
Page 13 of 15
ALTA Commitment for Title Insurance (8-1-16)
Arizona
Exhibit A
ISSUED BY
First American Title Insurance Company
File No: NCS-1060502-PHX1
File No.: NCS-1060502-PHX1
The Land referred to herein below is situated in the County of Maricopa, State of Arizona, and is described as follows:
PARCEL NO. 1:
ALL OF SECTION 34, TOWNSHIP 3 NORTH, RANGE 2 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA, BEING ALSO DESCRIBED AS RESUBDIVISION OF UNIT 37 OF ROMOLA OF ARIZONA
GRAPEFRUIT UNIT, A SUBDIVISION RECORDED IN BOOK 18 OF MAPS, PAGE 13, RECORDS OF MARICOPA COUNTY,
ARIZONA.
EXCEPT ANY PORTION LYING WITHIN THE BOUNDARIES OF FINAL PLAT OF PHASE 1 "WHITE TANK FOOTHILLS
INFRASTRUCTURE", ACCORDING TO THE PLAT OF RECORD IN THE COUNTY RECORDER OF MARICOPA COUNTY
RECORDED SEPTEMBER 15, 2005 AS BOOK 777 OF MAPS, PAGE 19;
EXCEPT ANY PORTION LYING WITHIN THE BOUNDARIES OF FINAL PLAT OF PHASE 2 "WHITE TANK FOOTHILLS
INFRASTRUCTURE", ACCORDING TO THE PLAT OF RECORD IN THE COUNTY RECORDER OF MARICOPA COUNTY
RECORDED MAY 22, 2018 AS BOOK 1389 OF MAPS, PAGE 38 AND RE PLATTED TO BOOK 1389 OF MAPS, PAGE 36,
BOOK 1389 OF MAPS, PAGE 37 AND BOOK 1525 OF MAPS PAGE 7;
EXCEPT ANY PORTION LYING WITHIN THE BOUNDARIES OF "WHITE TANK FOOTHILLS INFRASTRUCTURE PHASE 1B",
ACCORDING TO THE PLAT OF RECORD IN THE COUNTY RECORDER OF MARICOPA COUNTY RECORDED JULY 07, 2006
AS BOOK 851 OF MAPS, PAGE 1;
EXCEPT ANY PORTION LYING WITHIN THE BOUNDARIES OF "WHITE TANK FOOTHILLS INFRASTRUCTURE PHASE 2
WELL SITE", ACCORDING TO THE PLAT OF RECORD IN THE COUNTY RECORDER OF MARICOPA COUNTY RECORDED
AUGUST 10, 2007 AS BOOK 940 OF MAPS, PAGE 28;
EXCEPT THE FOLLOWING DESCRIBED PROPERTY CONVEYED TO CITY OF SURPRISE BY WARRANTY DEED RECORDED
AUGUST 18, 2006 AS 2006-1100433 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 3 NORTH, RANGE 2 WEST OF THE GILA AND
SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE 1" IRON PIPE MARKING THE SOUTHEAST CORNER OF SAID SECTION 34, FROM WHICH THE
BRASS CAP IN HANDHOLD MARKING THE EAST QUARTER CORNER OF SAID SECTION 34 BEARS NORTH 00°00'35"
WEST, A DISTANCE OF 2,640.60 FEET;
THENCE NORTH 00 DEGREES 00 MINUTES 35 SECONDS WEST, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER
OF SAID SECTION 34, A DISTANCE OF 344.33 FEET;
THENCE SOUTH 89 DEGREES 59 MINUTES 25 SECONDS WEST, A DISTANCE OF 136.66 FEET; THENCE SOUTH 00°00'35"
EAST, A DISTANCE OF 16.08 FEET;
THENCE SOUTH 89 DEGREES 59 MINUTES 25 SECONDS WEST, A DISTANCE OF 28.00 FEET TO THE TRUE POINT OF
BEGINNING;
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003904 (8-23-18)
Page 14 of 15
ALTA Commitment for Title Insurance (8-1-16)
Arizona
THENCE CONTINUING SOUTH 89 DEGREES 59 MINUTES 25 SECONDS WEST, A DISTANCE OF 81.61 FEET;
THENCE NORTH 00 DEGREES 00 MINUTES 35 SECONDS WEST, A DISTANCE OF 72.75 FEET;
THENCE NORTH 89 DEGREES 59 MINUTES 25 SECONDS EAST, A DISTANCE OF 81.61 FEET;
THENCE SOUTH 00 DEGREES 00 MINUTES 35 SECONDS EAST, A DISTANCE OF 72.75 FEET TO THE TRUE POINT OF
BEGINNING AND
EXCEPT THE FOLLOWING DESCRIBED PROPERTY BY WARRANTY DEED RECORDED MARCH 06, 2019 AS 2019-0155863
OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PART OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 3 NORTH, RANGE 2 WEST, OF THE GILA AND
SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF PARCEL 8, "WHITE TANK FOOTHILLS INFRASTRUCTURE", RECORDED
IN BOOK 777 OF MAPS, PAGE 19, MARICOPA COUNTY RECORDS;
THENCE NORTH 27 DEGREES 24 MINUTES 50 SECONDS WEST, ALONG THE WEST LINE OF SAID PARCEL 8, A
DISTANCE OF 34.82 FEET;
THENCE SOUTH 21 DEGREES 24 MINUTES 52 SECONDS WEST, DEPARTING SAID WEST LINE, A DISTANCE OF 84.17
FEET;
THENCE SOUTH 35 DEGREES 56 MINUTES 44 SECONDS WEST, A DISTANCE OF 78.08 FEET;
THENCE SOUTH 52 DEGREES 24 MINUTES 44 SECONDS WEST, A DISTANCE OF 527.57 FEET;
THENCE NORTH 64 DEGREES 36 MINUTES 49 SECONDS WEST, A DISTANCE OF 399.61 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE SOUTH 25 DEGREES 23 MINUTES 11 SECONDS WEST, A DISTANCE OF 150.00 FEET;
THENCE NORTH 64 DEGREES 36 MINUTES 49 SECONDS WEST, A DISTANCE OF 125.95 FEET TO A POINT ON A
1,450.00 FOOT RADIUS NON-TANGENT CURVE, WHOSE CENTER BEARS SOUTH 77 DEGREES 57 MINUTES 44 SECONDS
EAST;
THENCE NORTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 00 DEGREES 18 MINUTES 07
SECONDS, A DISTANCE OF 7.64 FEET;
THENCE NORTH 19 DEGREES 09 MINUTES 10 SECONDS EAST, A DISTANCE OF 143.41 FEET;
THENCE SOUTH 64 DEGREES 36 MINUTES 49 SECONDS EAST, A DISTANCE OF 143.27 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL NO. 2:
TRACTS, Q14 AND 14Q OF FINAL PLAT OF PHASE 2 "WHITE TANK FOOTHILLS INFRASTRUCTURE, ACCORDING TO THE
PLAT OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, IN BOOK 1389 OF
MAPS, PAGE 38.
PARCEL NO. 3:
THAT PART OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 3 NORTH, RANGE 2 WEST, OF THE GILA AND
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003904 (8-23-18)
Page 15 of 15
ALTA Commitment for Title Insurance (8-1-16)
Arizona
SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF PARCEL 8, "WHITE TANK FOOTHILLS INFRASTRUCTURE", RECORDED
IN BOOK 777 OF MAPS, PAGE 19, MARICOPA COUNTY RECORDS;
THENCE NORTH 27 DEGREES 24 MINUTES 50 SECONDS WEST, ALONG THE WEST LINE OF SAID PARCEL 8, A
DISTANCE OF 34.82 FEET;
THENCE SOUTH 21 DEGREES 24 MINUTES 52 SECONDS WEST, DEPARTING SAID WEST LINE, A DISTANCE OF 84.17
FEET;
THENCE SOUTH 35 DEGREES 56 MINUTES 44 SECONDS WEST, A DISTANCE OF 78.08 FEET;
THENCE SOUTH 52 DEGREES 24 MINUTES 44 SECONDS WEST, A DISTANCE OF 527.57 FEET;
THENCE NORTH 64 DEGREES 36 MINUTES 49 SECONDS WEST, A DISTANCE OF 399.61 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE SOUTH 25 DEGREES 23 MINUTES 11 SECONDS WEST, A DISTANCE OF 150.00 FEET;
THENCE NORTH 64 DEGREES 36 MINUTES 49 SECONDS WEST, A DISTANCE OF 125.95 FEET TO A POINT ON A
1,450.00 FOOT RADIUS NON-TANGENT CURVE, WHOSE CENTER BEARS SOUTH 77 DEGREES 57 MINUTES 44 SECONDS
EAST;
THENCE NORTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 00 DEGREES 18 MINUTES 07
SECONDS, A DISTANCE OF 7.64 FEET;
THENCE NORTH 19 DEGREES 09 MINUTES 10 SECONDS EAST, A DISTANCE OF 143.41 FEET;
THENCE SOUTH 64 DEGREES 36 MINUTES 49 SECONDS EAST, A DISTANCE OF 143.27 FEET TO THE TRUE POINT OF
BEGINNING.