Virtua Bennett Estates Owner, LLC, an Arizona limited liability company, holds a 34% tenant in common interest in the Virtua Property and Virtua Bennett Estates Owner 2, LLC, an Arizona limited liability company, holds a 66% tenant in common interest in the Virtua Property (“Virtua”) as owners of the Bennett Meadows property. They have been working with the City to develop the property located northwest corner of Harrison Street and Sarival Avenue (the “Bennett Meadows Property”).  The Final Plat for Bennett Meadows (the “Final Plat”) has been submitted to the City for approval by separate action.  The Final Plat is for a single family residential development and provides for the dedication of streets and easements for City infrastructure within the Bennett Meadows Property.   

The development of the Bennett Meadows Property requires the construction of a sewer line which will cross the adjacent property owned by the Curtis Commons Homeowners’ Association.   In addition to the sewer line, and in order to develop, the Bennett Meadows Property requires the ability to utilize the existing drainage basin, located on the adjacent Curtis Commons Property, for storm flow in excess of a 100-year 6-hour storm event.   This basin is currently handling these storm water flows as part of the historic flows from the Bennett Meadows Property. 

The Curtis Commons Homeowners’ Association, the City and Virtua have agreed to enter into the Sewer Line and Access Easement and the Drainage and Access Easement Agreement and have provided the signed easements to the City for acceptance.  The Sewer and Access Easement Agreement requires Virtua to: (i) pay to Curtis Commons Homeowners’ Association, an Arizona non-profit corporation the sum of $10,000 in payment and (ii) repair and/or replace any damage caused to the block wall along the boundary of the Virtua Property and the north end of the Curtis Commons Property caused by any trees planted within the Virtua Property.  The Sewer Line and Access Easement states that its shall not be effective until the Agreement is recorded in the official records of the Maricopa County Recorder and the City shall maintain control of the original executed copy of this Agreement.  It also states that the City agrees it shall not record this Agreement, nor the drainage easement described above, until either the City receives written notice from Royer Association Management, Inc. that the payment referred to above was received, or until the City receives written documentation from Virtua that the payment has been made and the instrument used in making such payment has been cashed.