RELEASE AND TERMINATION ESCROW AGREEMENT FINAL.PDF

Maricopa County — Formal (2022-01-21)

Extracted text (via pymupdf) 32240 characters

ESCROW AGREEMENT
THIS ESCROW AGREEMENT (this "Agreement") is entered into as of this __ day of
------n 202_, by and between THREE RIVERS RANCH LLC, a Delaware
limited liability company ("TRR"), and FLOOD CONTROL DISTRICT OF MARICOPA
COUNTY, a political subdivision of the State of Arizona ("FCD").
RECITALS
A.
TRR owns certain real property in the unincorporated area of Maricopa County
("County") legally described on Exhibit "A-1" attached hereto and incorporated herein by this
reference (the "Property").
B.
Some or all of the Property is subject to that certain Flowage Easement and
Agreement for Flood Control Purposes, specifically the Designated Fringe identified as Exhibit
"A-2", in the Final Order of Condemnation recorded in the Official Records of the County at
Document No. 1993-410818 ("Flood Control Fringe Easement").
C.
A substantial portion of the Property is encumbered by existing Zone 'A' and Zone
'AE' Federal Emergency Management Agency ("FEMA") floodplains.
D.
Pursuant to Flood Control District ROW Use Permit Application 2022P163, TRR
has submitted, and FCD has approved (by the "Plan Approval Letter"), construction plans (the
"Approved Plans") pursuant to which, upon completion of the improvements proposed therein (the
"Improvements"), the elevation of the Property will be raised above the Standard Project Flood
("SPF") elevations identified along the Agua Fria River ,thereby removing portions of the Property
from the FEMA floodplains.
E.
Upon submission by TRR of the documentation, performance bond, and payment
listed on Exhibit "B" attached hereto, FCD will issue a permit to TRR, allowing TRR to proceed
with its construction of the Improvements on the Flood Control Fringe Easement, pursuant to
ROW Use Permit 2022P163 (the "Use Permit").
F.
Upon completion of the Improvements in accordance with the Approved Plans, a
portion of the Flood Control Fringe Easement applicable to the Property will no longer be
necessary or required by FCD, and the Use Permit will be closed out by FCD.
G.
Subject to completion of the Improvements in accordance with the Approved Plans,
FCD will cause the portions of the Flood Control Fringe Easement to be terminated with respect
to the Property by recording the Release and Termination of Easement substantially in the form
attached hereto as Exhibit "C" (the ''Notice of Termination").
H.
The parties now desire to enter into this Agreement to provide a procedure for the
process and timing of executing and delivering the Notice of Termination, holding, and releasing
the Notice of Termination from escrow, and recording the Notice of Termination in the Official
Records of the Maricopa County Recorder.
11798.13.3637300.4

NOW, THEREFORE, for good and valuable consideration, and in consideration of the
premises and of the mutual covenants and agreements herein contained, the parties hereto agree as
follows:
1.
Establishment of Escrow. Prior to the date of this Agreement, TRR caused Escrow
No. 55005130A (the "Escrow") to be established with Escrow Agent at the address below. As
used herein, the term "Opening of Escrow" shall mean the day on which Escrow Agent receives a
copy of (i) this Agreement executed by TRR and FCD, and (ii) has notified the parties in writing
of such receipt by providing a copy of the fully executed Agreement (including Escrow Agent's
signature) to the parties by email to the email addresses (if any) listed in Section 7 below.
2.
Execution of Notice of Termination. Within fifteen (15) business days after the
Opening of Escrow, FCD shall execute, acknowledge, and deliver the Notice of Termination to
Escrow Agent. Escrow Agent shall, by email, provide a copy of the fully executed Notice of
Termination to the parties promptly after its receipt thereof. Escrow Agent shall hold the Notice
of Termination in Escrow in accordance with the terms of this Agreement.
3.
Completion of Improvements. Upon TRR's completion of the Improvements in
accordance with the Approved Plans, FCD shall close the Use Permit in accordance with FCD's
standard procedures. FCD's confirmation that the Use Permit has been closed shall be evidenced
by the Use Permit bond release letter substantially in the form attached hereto as Exhibit "D" (the
"Improvements Completion Confirmation"), which FCD shall promptly ( and in any event, within
10 days) provide to TRR. TRR may provide the Improvements Completion Confirmation to
Escrow Agent after its receipt thereof.
4.
Release from Escrow and Recording of Notice of Termination. The Notice of
Termination shall automatically, and without any further instruction from TRR or FCD, be deemed
to be released from Escrow upon Escrow Agent's receipt of the Improvements Completion
Confirmation. Upon Escrow Agent's receipt of the Improvements Completion Confirmation,
Escrow Agent shall take the following actions:
(i)
Fill in the blanks (if any) in the date fields of the introductory paragraph of
the Notice of Termination.
(ii)
Record the Notice of Termination in the Official Records of the Maricopa
County, Arizona, Recorder.
Following the recording of the Notice of Termination, Escrow Agent shall take the following
actions:
(i)
Provide a copy of the recorded Notice of Termination to the parties by email
to the email addresses listed in Section 8 below.
(ii)
Mail the original recorded Notice of Termination to the recipient shown on
the Notice of Termination.
5.
Termination.
11798.13.3637300.4
2

(a)
TRR may, at any time prior to the recording of the Notice of Termination
and at TRR's sole discretion, terminate this Agreement by giving written notice to FCD and
Escrow Agent ("Escrow Termination Notice"). Promptly after Escrow Agent's receipt ( or deemed
receipt) of the Escrow Termination Notice, Escrow Agent shall (i) return the unrecorded Notice of
Termination to FCD; and (ii) terminate the Escrow. Upon the termination of this Agreement, the
parties shall have no further rights or obligations hereunder.
(b)
Notwithstanding anything herein to the contrary, if the Notice of
Termination has not been recorded and remains on deposit with Escrow Agent as of the date that
is 36 months after the date of this Agreement, Escrow Agent shall return the Notice of Termination
to FCD without further authorization or direction from the parties hereto. Upon disbursement of
the Notice of Termination in accordance with this paragraph, this Agreement shall terminate, and
Escrow Agent shall have no further liability hereunder.
6.
Representations and Warranties. Each party represents and warrants as follows: (i)
this Agreement and each other document required herein to be executed by it has been duly
authorized and executed by such party and is a valid and binding agreement of it, and the person
signing this Agreement on behalf of such party has full power and authority to do so; (ii) no consent
is required to be obtained by such party from any third party for this Agreement or the documents
to be executed, delivered, and recorded by it pursuant hereto to be effective; and (iii) such party's
execution of this Agreement does not, and shall not, result in any violation of, or conflict with, or
constitute a default under, any provisions of any agreement of such party or any mortgage, deed
of trust, indenture, lease, security agreement, or other instrument, covenant, obligations, or
agreement to which such party is subject.
7.
Escrow Terms.
(a)
Costs. TRR shall pay all costs of Escrow Agent to administer the Escrow
and record the Notice of Termination.
(b)
Indemnity. Escrow Agent shall have no liability in connection with this
agreement, except for the recording of the Notice of Termination in accordance with the terms
hereof and except for its willful acts and gross negligence. The parties shall indemnify and hold
Escrow Agent harmless from and against all costs, damages, attorneys' fees, and expenses arising
as a result of or related to this Agreement or the recording of the Notice of Termination, including
without limitation any judgment, amounts paid in settlement, and all costs and expenses, including
reasonable attorneys' fees, incurred in defending or settling any action, suit or proceeding in
connection with the foregoing except to the extent the Escrow Agent shall be in breach of any
fiduciary obligation.
(c)
Interpleader.
(i)
Escrow Agent shall act hereunder as a depository only and shall not
be responsible or liable in any manner whatever for the sufficiency, correctness, genuineness or
validity of any instrument deposited with Escrow Agent hereunder, or with respect to the form or
execution of same, or the identity, authority or rights of any person executing or depositing the
same. Escrow Agent is neither a party to nor bound by any agreement which may deposited under,
11798.13.3637300.4
3

evidenced by, or arising out of this Agreement. Escrow Agent is not required to investigate the
circumstances, background or truthfulness of any notice received from the parties hereto. Escrow
Agent shall have no duties to anyone except those signing this Agreement.
(ii)
If conflicting demands are made upon Escrow Agent, Escrow Agent
may hold any documents subject to such conflicting demands until the rights of the parties making
such conflicting demands are determined by written agreement or court action, or Escrow Agent
may interplead said documents.
( d)
Resignation. Escrow Agent may, at any time and with or without cause,
resign by sending written notice to all parties to the escrow. The resignation is effective thirty (30)
days after the notice is deposited into the United States Mail. All documents held by Escrow Agent
after its resignation shall be disbursed according to the written mutual instructions of the parties
hereto or, if no such instructions are received by Escrow Agent by the effective date of Escrow
Agent's resignation, shall be disbursed to FCD, without further instructions.
8.
Notices. All notices required or permitted by this Agreement shall be in writing.
Such notices may be delivered in person (by hand delivery or professional messenger service) to
the party or may be sent by certified mail, with postage prepaid, return receipt requested or
delivered by Express Mail of the U.S. Postal Service or Federal Express or any other courier
service guaranteeing overnight delivery, charges prepaid, or may be transmitted by email or
facsimile transmission, and addressed as follows:
ToTRR:
With a copy to:
ToFCD:
With a copy to:
11798.13.3637300.4
Three Rivers Ranch LLC
Attn: Jim Stockwell
4340 E. Indian School Road, Ste. 21-204
Phoenix, AZ 85018
Email: jstockwell@clydecap.com
Gammage & Burnham
Attn: Jonathan Bennett
40 N. Central Avenue, 20th Floor
Phoenix, AZ 85004
Fax: (602) 256-4475
Email: jbennett@gblaw.com
Flood Control District of Maricopa County
Attn: Director
2801 West Durango Street
Phoenix, AZ 85009
Maricopa County Attorney's Office
Attn: Flood Control District General Counsel
225 West Madison
Phoenix, AZ 85003
Email: ca-civilmailbox@mcao.maricopa.gov
4

To Escrow Agent:
Fidelity National Title Agency, Inc.
Attn: Kristina Gooding
14000 N. Pima Road, Suite 100
Scottsdale, AZ 85260
Email: kristina.gooding@fnf.com
Any such notice shall be deemed to be received for all purposes as follows: (a) upon actual receipt
if delivered personally, (b) upon actual receipt if transmitted by email or facsimile on a business
day before 5 :00 p.m. (Phoenix, Arizona, local time), ( c) upon the next business day following
transmission if transmitted by facsimile or email on a day which is not a business day or if
transmitted after 5 :00 p.m. (Phoenix, Arizona, local time) on a business day, ( d) the next business
day if given by overnight courier, (e) three (3) days following deposit in the mail if given by mail,
or (f) if and when delivery is refused during normal business hours on a business day, upon such
refusal. The parties may designate from time to time a different address by written notice given
in the manner provided for above not less than five (5) days prior to the effective date of the
change.
9.
Non-Waiver. No delay or failure by a party to exercise any right under this
Agreement and no partial or single exercise of that right shall constitute a waiver of that or any
other right, unless otherwise expressly provided herein.
10.
Headings: Recitals. Headings in this Agreement are for convenience only and shall
not be used to interpret or construe its provisions. The recitals hereof are incorporated herein.
11.
Attorneys' Fees. In the event of any litigation concerning this Agreement, in
addition to all other remedies available, each party shall bear its own costs and expenses, including
reasonable attorneys' fees, and neither party shall have any right to recover any costs or expenses
from the other party.
12.
Counterparts. This Agreement may be executed in counterparts and delivered by
.pdf or other electronic means, and each such counterpart, when taken together with all other
counterparts, shall be deemed one and the same original instrument.
13.
This Agreement is subject to cancelation pursuant to A.R. S. § 3 8-511.
14.
The Chief Engineer and General Manager of the FCD or the Director of the
Maricopa County Real Estate Department are hereby authorized to execute any and all documents
necessary to administer this Agreement to carry out its purpose, provided the form of all such
documents is approved by FCD General Counsel.
[SIGNATURES FOLLOW]
11798.13.3637300.4
5

IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of the date
first above written.
RECOMMENDED FOR APPROVAL:
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
12/14/2023
Scott Vogel
Date
Chief Engineer and General Manager
MARI COP A COUNTY REAL ESTATE DEPARTMENT
l,
DocuSigned by:
Q
Alex Smith
Director
12/14/2023
Date
APPROVED AS TO FORM and within the powers and authority granted under the laws of the
State of Arizona.
rv
DocuSigned by:
(JJIA,(,, p ul
89409D8DE4484E5 ...
Wayne Peck
District General Counsel
11798.13.3637300.4
12/14/2023
Date
6

APPROVED
GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
Chairman of the Board
Date
Printed Name: -------------
ATTEST
Clerk of the Board
Date
Printed Name: -------------
STATE OF ARIZONA
)
)ss
COUNTY OF MARICOPA )
Before me, _____________ E Notary Public in and for said County, State
of Arizona, on this day personally appeared
known to me
to be the person whose name is subscribed to the forgoing instrument as Chairman of the Board of
Directors for the Flood Control District of Maricopa County.
Given under my hand and seal of the office this ____ day of ______ 20 __ .
Notary Public (signature)
11798.13.3637300.4
7

IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of the date
first above written.
THREE RIVERS RANCH LLC, a Delaware limited liability company
By: CLYDE CAPITAL LLC, an Arizona limited liability company, its Manager
DocuSigned by:
By:R1cn
James C. Stockwell, Jr., its Manager
Accepted by Escrow Agent:
Escrow Agent hereby (i) declares that it has received the fully executed Escrow Agreement, (ii)
declares that the Opening of Escrow has occurred as of the date set forth below Escrow Agent's
signature, and (iii) agrees to be bound by the provisions of the Escrow Agreement and to perform
its obligations as set forth herein in accordance with the terms hereof.
FIDELITY NATIONAL TITLE AGENCY, INC.
By: ______________ _
Its: ---------------
("Opening ofEscrow"): _________ _, 2023
11798.13.3637300.4
8

Exhibit "A-1"
LEGAL DESCRIPTION OF THE TRR PROPERTY
PARCEL NO. 1:
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 1 NORTH,
RANGE 1 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA
COUNTY, ARIZONA MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 22;
THENCE NORTH 0°48'24" WEST ALONG THE EAST LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 22, A DISTANCE OF 33.04 FEET;
THENCE NORTH 88°07'16" WEST, A DISTANCE OF 33.04 FEET;
THENCE NORTH 0°48'24" WEST PARALLEL WITH AND 33.00 FEET WEST OF THE
EAST LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 524.81 FEET TO THE
POINT OF BEGINNING OF THE HEREIN DESCRIBED PROPERTY:
THENCE SOUTH 83°45'25" WEST, A DISTANCE OF 358.92 FEET;
THENCE NORTH 4°38'01" WEST, A DISTANCE OF 435.45 FEET;
THENCE SOUTH 88°29'19" EAST, A DISTANCE OF 386.69 FEET;
THENCE SOUTH 0°48'24" EAST PARALLEL WITH AND 33.0 FEET WEST OF THE EAST
LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 384.84 FEET TO THE POINT
OF BEGINNING.
PARCEL NO. 2:
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 1 NORTH,
RANGE 1 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA
COUNTY, ARIZONA MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 22;
THENCE NORTH 0°48'24" WEST ALONG THE EAST LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 22, A DISTANCE OF 33.04 FEET;
THENCE NORTH 88°07'16" WEST PARALLEL WITH AND 33.00 FEET NORTH OF THE
SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 22, A DISTANCE OF
33.04 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;
THENCE CONTINUING NORTH 88°07'16" WEST PARALLEL WITH AND 33.00 FEET
NORTH OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 22,
A DISTANCE OF 2542.59 FEET;
THENCE NORTH 0°34'13" WEST PARALLEL WITH AND 10.00 FEET EAST OF THE
WEST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SAID SECTION 22, A DISTANCE OF 1275.42 FEET;
11798.13.3637300.4
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THENCE SOUTH 88°21 '57'' EAST PARALLEL WITH AND 10.00 FEET SOUTH OF THE
NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SAID SECTION 22, A DISTANCE OF 1289.94 FEET;
THENCE NORTH 0°41'20" WEST PARALLEL WITH AND 10.00 FEET EAST OF THE
WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION
22, A DISTANCE OF 1324.09 FEET;
THENCE SOUTH 88°36'43" EAST PARALLEL WITH AND 10.00 FEET SOUTH OF THE
NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 22, A DISTANCE OF
1243.96 FEET;
THENCE SOUTH 0°48'24" EAST PARALLEL WITH AND 33.00 FEET WEST OF THE
EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 22, A DISTANCE OF
1706.41 FEET;
THENCE NORTH 88°29'19" WEST, A DISTANCE OF 386.69 FEET;
THENCE SOUTH 4°38'01" EAST, A DISTANCE OF 435.45 FEET;
THENCE NORTH 83°45'25" EAST, A DISTANCE OF 358.92 FEET;
THENCE SOUTH 0°48'24" EAST PARALLEL WITH AND 33.00 FEET WEST OF THE
EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 22, A DISTANCE OF
524.81 FEET TO THE POINT OF BEGINNING.
PARCEL NO. 4:
THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 1
NORTH, RANGE 1 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA.
EXCEPT THERE FROM THE PROPERTY CONVEYED, RECORDED IN DOCKET 1941,
PAGE 95, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE EAST 33 FEET OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 1
NORTH, RANGE 1 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA.
11798.13.3637300.4
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Exhibit "B"
•
Construction Work Plan
https://www.maricopa.gov/DocumentCenterNiew/2322/Checklist--
Construction-Work-Plan-PDF
•
Emergency Action Plan
https://www.maricopa.gov/DocumentCenterNiew/2327/Checklist---Emergency-Action
Plan-PDF
•
Performance Bond in the amount of $25,000
•
Certificate oflnsurance
•
Payment for the cost of the ROW Use Permit
11798.13.3637300.4
11

Exhibit "C"
NOTICE OF TERMINATION
WHEN RECORDED, RETURN TO:
Three Rivers Ranch LLC
4340 E. Indian School Road, Ste. 21-204
Phoenix, AZ 85018
RELEASE AND TERMINATION OF EASEMENT
ExemptfromAPVper ARS § 11-1134(A)(4)
THIS RELEASE AND TERMINATION OF EASEMENT (this "Termination") is
executed as of the_ day of ______ ____, 202_,
by
the
FLOOD
CONTROL
DISTRICT OF MARICOPA COUNTY, a political subdivision of the State of Arizona ("FCD")
in favor of THREE RIVERS RANCH LLC, a Delaware limited liability company ("TRR"), and/or
its successors and assigns.
RECITALS
A.
TRR owns certain real property legally described on Exhibit ''A-1" attached hereto
and incorporated herein by this reference (the "Property").
B.
Portions of the Property are subject to that certain Flowage Easement and
Agreement for Flood Control Purposes, specifically the Designated Fringe identified as Exhibit
"A-2", in the Final Order of Condemnation, recorded in the Official Records of the County at
Document No. 1993-410818, (the "Flood Control Fringe Easement"). FCD is the beneficiary of
the Flood Control Fringe Easement.
C.
FCD has agreed to terminate portions of the Flood Control Fringe Easement and
quit-claim its right, title and interest, if any, in and to portions of the TRR Property to TRR.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the undersigned hereby state, confirm and agree as follows:
AGREEMENT
1.
Release and Termination of Easement. Pursuant to the Flood Control District
Board of Directors Resolution 1999R016, FCD hereby terminates the portions of the Flood Control
Fringe Easement described on Exhibit ''A-2" and depicted on Exhibit "B" attached hereto and
incorporated herein.
[ signature page follows]
11798.13.3637300.4
12

IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of the date first
above written.
RECOMMENDED FOR APPROVAL:
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
Scott Vogel
Date
Chief Engineer and General Manager
MARICOPA COUNTY REAL ESTATE DEPARTMENT
Alex Smith
Director
Date
APPROVED AS TO FORM and within the powers and authority granted under the laws of the
State of Arizona.
Wayne Peck
Date
District General Counsel
11798.13.3637300.4
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EXHIBIT A-2
FRINGE EASEMENT RELINQUISHMENT
LEGAL DESCRIPTION
PORTIONS OF THE SOUTHEAST QUARTER OF SECTION 22 AND THE NORTHEAST
QUARTER OF SECTION 27, TOWNSHIP 1 NORTH, RANGE 1 WEST OF THE GILA
AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
PART ONE:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 22 FROM WHICH
THE EAST QUARTER CORNER OF SECTION 22 BEARS NORTH 00°48'24" WEST, A
DISTANCE OF 2659.71 FEET;
THENCE ALONG THE EAST LINE OF SAID SECTION 22, NORTH 00°48'24" WEST, A
DISTANCE OF 1711.40 FEET;
THENCE LEAVING SAID EAST LINE SOUTH 89°11'36" WEST, A DISTANCE OF 33.00
FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 21 °25'39" WEST, A DISTANCE OF 244.31 FEET;
THENCE SOUTH 79°52'27" WEST, A DISTANCE OF 1169.07 FEET;
THENCE NORTH 00°41'20" WEST, A DISTANCE OF 1138.28 FEET;
THENCE NORTH 46°13'18" EAST, A DISTANCE OF 136.18 FEET;
THENCE NORTH 63°11'59" EAST, A DISTANCE OF 354.90 FEET;
THENCE SOUTH 88°36'43" EAST, A DISTANCE OF 825.72 FEET;
THENCE SOUTH 00°48'24" EAST, A DISTANCE OF 939.57 FEET TO THE POINT OF
BEGINNING;
CHAD W. HUBER
RLS 35316
7740 N. 16TH STREET, SUITE 300
PHOENIX, ARIZONA 85020
PH. 602-837-5511
chad.huber@kimley-horn.com
11798.13.3637300.4
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EXHIBIT A-2
FRINGE EASEMENT RELINQUISHMENT
LEGAL DESCRIPTION
TOGETHER WITH;
PART TWO;
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 22 FROM WHICH
THE EAST QUARTER CORNER OF SECTION 22 BEARS NORTH 00 °48'24" WEST, A
DISTANCE OF 2659.71 FEET;
THENCE ALONG THE EAST LINE OF SAID SECTION 22, NORTH 00 °48'24" WEST, A
DISTANCE OF 694.57 FEET;
THENCE LEAVING SAID EAST LINE SOUTH 89°11'36" WEST, A DISTANCE OF 33.26
FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 00 °13'07" EAST, A DISTANCE OF 1991.46 FEET;
THENCE NORTH 88°27'24" WEST, A DISTANCE OF 2554.27 FEET TO A POINT ON
THE NORTH SOUTH MID-SECTION LINE OF SAID SECTION 27;
THENCE ALONG SAID NORTH SOUTH MID-SECTION LINE NORTH 00°10'41" EAST, A
DISTANCE OF 1313.42 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION
22;
THENCE ALONG THE SOUTH LINE OF SAID SECTION 22 SOUTH 88°07'16" EAST, A
DISTANCE OF 10.00 FEET;
THENCE LEAVING SAID SOUTH LINE NORTH 00 °34'11" WEST, A DISTANCE OF
375. 75 FEET;
THENCE NORTH 50°06'47" EAST, A DISTANCE OF 874.24 FEET;
THENCE NORTH 19°12'10" EAST, DISTANCE OF 51.96 FEET;
THENCE NORTH 79°51'44" EAST, A DISTANCE OF 1728.30 FEET;
CHAD W. HUBER
RLS 35316
7740 N. 16TH STREET, SUITE 300
PHOENIX, ARIZONA 85020
PH. 602-837-5511
chad.huber@kimley-horn.com
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EXHIBIT A-2
FRINGE EASEMENT RELINQUISHMENT
LEGAL DESCRIPTION
THENCE SOUTH 21 °25'39" WEST A DISTANCE OF 218.07 FEET;
THENCE SOUTH 39°12'39" WEST. A DISTANCE OF 150.00 FEET;
THENCE SOUTH 59°29'39" WEST, A DISTANCE OF 190.00 FEET;
THENCE SOUTH 05°47'39" WEST, A DISTANCE OF 155.00 FEET;
THENCE SOUTH 43°12121' EAST, A DISTANCE OF 180.00 FEET;
THENCE SOUTH 86°1612111 EAST, A DISTANCE OF 185.00 FEET;
THENCE NORTH 80°14'50 .. EAST, A DISTANCE OF 194.99 FEET TO THE POINT OF
BEGINNING.
TOTALAREACONTAINING 167.66ACRES MORE OR LESS.
CHAD W. HUBER
RLS35316
7740 N. 16TH STREET, SUITE 300
PHOENIX, ARIZONA 85020
PH. 602-837-5511
chad.huber@kimley-hom.com
11798.13.3637300.4
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EXHIBIT B
FRINGE EASEMENT RELINQUISHMENT
E 1/4CORNER
SEC. 22, T1 N, R1W
SEE SHEET 8 OF 7
I
FOR DETAIL
I .
THREE fflVERB RANCH c I!
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SE CORNER
SEC. 22, T1N1 R1W
POC
------ ...
. ·------ ...,_ __ - - _ __,..,
SEE SHEET 5 OF 7
FOR DETAIL
THREE RIVERS RANCH LLC
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,---------------..J
CHAD W. HUBER
RLS35316
7740 N.1.6TH STREET, SUITE300
PHOENIX, ARIZONA 85020
PH. 602-837-5511
chad.huber@kimley-hom.com
11798.13.3637300.4
20
E 1/4 CORNER ±---....6.
SEC. 27, T1N, R1W
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PHOEN!it,,Z.llmO
-
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llaWIL.
11at/2ila
2111IIIIODI
4 OF7

EXHIBIT B
'FRINGE EASEMENT RELINQUISHMENT
Ct-lADW .. HUBER
RLS35318
I
I
l
I
1740 N. 18TH STREETt SUITE 300
PHOENIX. ARIZONA85020
PH. 802-8!1-5511
chad.hu
kimley-hom.com
11798.13.3637300.4
E 1f4CORNER
,S.·EC.· 22 T1N R1W.
•
J
J
.
SECQRNER
se. 22,T1N, R1W
POC
L.4
1
CITY OF AVONDALE
APttSOCJ-77-ooGB
E 114 CORNER---...-.....6.
SEC. 27, T1N, R1W
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1
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Witt
CWH
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.....
IOl"T
21

EXHI.BIT B
FRINGE EASEMENT RELINQUISHMENT
I
I
E1/400RNER
SEC. 22, T1N, R1W
---f!---- ...,. - -· -- ·- - --
CHAD W. HUBER
RLS353UJ
7740 N.18TH STREET, SUITE 300
PHOEN)X..ARIZONA.86020
PH. 802-8374'511
SE CORNER
SEC. 22, T1N, R1W
POC
CITVOF AVONDALE
APN:600-77-0068
l19
chad.hu
:kimh,y--hom.com
,_
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N.T.I:.
• VNI
CWH
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101'7
11798.13.3637300.4
22

EXHIBITB
FRINGE EASEMENT RELINQUISHMENT
UNETABLE
NO.
u
L2
LS
L4.
LO
LS
L1
L8
l9
L10
L11
L12
L11
L14.
L15
L18
L17
CHAD W. HUBER
.
.
.
:
RLS35318
BEARING
Noo•i4ara4,v
sar11vw
SQO•ftorE
N88927'M'W
N0(r10'41"E
se8W16"E
N00°34'11'W
N50°06'47"E
N1F12'1o-E
N79°51'4'*E
S21°26'39"W
S39°12'39'W
č
S06'47'39'W
M3*1ft1"E
881r''ll'21
Naoa.,4'50"E
LENGTH
884.51"
33.26'
1191.48'
astU.27'
13.11.42'
10.00'
3.75.75'
174.24'
51.88'
1728.3(1
21&07'
1S<UJO'
190.W
165.atr
1•Ď0
·
18lUJO'
194.89'
7740 N. 18TH .STREETj SUITE 300
PHOENIX. ARIZONA 88020
PH. 802-837_11
chad.hube
kimley-hom.com
11798.13.3637300.4
23
LINE TABLE
NO.
BEARING
LENGTH
L18. NOO•ffi.1-W 1111.40'
L19 S8r11'36'W
33.0D'
LaO a1•25•arw· w..a1·
L21
S7W'SIWYI
1169.07'
1.22. N00-41'%0'W
1138.ll'
ua N-18"13'18"E
1.3$ . 18J
ď
tm0·48'24"E
-:57'
L25
Ner11'591'E
354 ...
L28
S&rae'43"E
825;12'
Kimlev>>Horn
7f40N..1t:nnrr . ._•
1 J
.r,u-..••-t
PHCl!IU,IIZ. ..

11ft.
am.a zr I Cs
all
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rt.1'.,4'.
• VAH
CIIIIH
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1ot,1

11798.13.3637300.4
Exhibit "D"
FORM OF USE PERMIT BOND RELEASE LETTER
[SEE ATTACHED]
24

11798.13.3637300.4
25

11798.13.3637300.4
26