AMENDED DRAINAGE AND ACCESS EASEMENT.PDF
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When Recorded/Executed Mail to:
Marieopa County Planning and Development Department
501 North 44th Street, Suite 200
Phoenix, AZ 85008
Attention: Lynn Favour
AMENDED AND RESTATED DRAINAGE AND ACCESS EASEMENTS AND
AGREEMENT AND EXTINGUISHMENTS
This Amended and Restated Drainage and Access Easements and Agreement and
Extinguishments ("Amended Agreement") is made as of this day of cce.Ze, 2014'
between NSHE Brisbane, LLC, an Arizona limited liability company, Sunset Tartesso, LLC, an
Arizona limited liability company (collectively, "Elliott Homes"), Granite Vista Homeowners
Association, an Arizona not for profit corporation ("HOA"), and Maricopa County, a political
subdivision of the State of Arizona ("County"). Elliott Homes, the HOA, the County, and their
successors are sometimes referred to herein collectively as the "Parties."
Elliott Homes owns approximately four hundred and seventy acres generally located on
the northwest corner of Northern Avenue and Cotton Lane in Maricopa County that will be
developed in multiple sequential development phases as a residential community known as
Granite Vista ("Granite Vista").
The Parties previously executed a Drainage and Access Easements and Agreement,
which was recorded on June 12, 2015 at 2015-0418836, of the Official Records of Maricopa
County, Arizona ("Original Agreement"). That Original Agreement created a drainage
easement and an access easement ("Original Easements") on a portion of Granite Vista
containing a future school site, which site Elliot intends to donate to the Dysart Unified School
District No. 89 of Maricopa County, Arizona ("School District"). The School District has
requested to have the location of the Original Easements modified so that no portion of the
Original Easements encumbers the school site. Accordingly, the Parties are executing this
Amended Agreement as a complete replacement to the Original Agreement and the HOA and
the County are extinguishing the Original Easements to enable Elliott Homes to replace them
with the easements granted herein, which will serve the same purposes as the Original
Easements but will contain modified legal descriptions so as to not encumber the school site.
The HOA does hereby extinguish the drainage easement granted to it in the Original
Agreement, the location of which is legally described in Exhibit E. Similarly, the County does
hereby extinguish the access easement granted to it in the Original Agreement, the location of
which is legally described in Exhibit E. The Parties also recognize and agree this Amended
Agreement (including its exhibits) amends and fully replaces the Original Agreement (including
its exhibits).
For valuable consideration, Elliott Homes hereby grants to the HOA an interim blanket
storm water drainage easements over, upon, and across certain real property situated within the
Granite Vista development master plan, which is legally described and depicted in Exhibit A
("Blanket Drainage Easement for Future Phases"), for the purpose of maintaining and operating
an earthen drainage facility to convey regional storm water through Granite Vista.
This Blanket Drainage Easement for Future Phases is one of several such easements
already granted to the HOA, which together will provide the HOA with contiguous stormwater
drainage easements across Granite Vista extending in a generalized north/south alignment from
Olive Avenue to Northern Avenue, as depicted in Exhibit B.
For valuable consideration, Elliott Homes hereby grants to the County an access
easement over, upon, and across the same area of land to be covered by the Blanket Drainage
Easement for Future Phases, which land is described and depicted in Exhibit A, for the purpose
of review and inspection to ensure that the regional drainage flows are properly conveyed over
the Blanket Drainage Easement for Future Phases ("Drainage Access Easement for Future
Phases").
In the future, Elliott Homes will plan and develop the area of land covered by the
Blanket Drainage Easement for Future Phases (which is also the same area of land covered by
the Drainage Access Easement for Future Phases) into separate development phases, with each
development phase having a corresponding final plat (collectively, "Future Final Plats," and
individually, "Future Final Plat"). Following approval and recordation of each such Future
Final Plat, Elliott Homes will construct permanent drainage facilities ("Permanent Drainage
Facilities") in certain tracts within each such Future Final Plat ("Future Drainage Tracts") to
convey regional storm water. The Future Drainage Tracts within each development phase will
be conveyed to the HOA through the corresponding Future Final Plat, together with an
obligation to maintain those Future Tracts so they properly convey the designated historic level
of regional storm water.
The conveyance of the Future Drainage Tracts to the HOA within a particular Future
Final Plat and the construction of the Permanent Drainage Facilities within those Future
Drainage Tracts will replace this interim Blanket Drainage Easement in favor of the HOA and
the interim Drainage Access Easement in favor of the County, which the Parties recognize are a
temporary solution to the management of storm water crossing over Granite Vista.
Each Future Final Plat may be recorded over the corresponding portion of the Blanket
Drainage Easement for Future Phases and the Drainage Access Easement for Future Phases
within its boundaries. However, when Elliott Homes completes construction of Permanent
Drainage Facilities within the boundaries of a Future Final Plat, according to plans approved by
the County, the HOA and the County agree to execute and record an extinguishment of the
portion of the Blanket Drainage Easement for Future Phases and the portion of the Drainage
Access Easement for Future Phases, respectively, which are within the boundaries of that
particular Future Final Plat, in the form attached hereto as Exhibit C ("Easement
Extinguishment").
When all portions of the Blanket Drainage Easement for Future Phases and the Drainage
Access Easement for Future Phases have been extinguished pursuant to the terms of the
2
preceding paragraph, the Parties agree to execute and record an Agreement Termination in the
form attached hereto as Exhibit D ("Agreement Termination").
"t • ‘,IN WITNESS WHEREOF, the Parties have executed this Amended Agreement this
day of (70010,(7 , 201 ST
ELLIOTT HOMES:
NSITE Brisbane, LLC, an Arizona limited liability company,
by Sunset Tartesso, LLC, an Arizona limited liability company, its Managing Member
B y
Its: P itet ley Z /1/707 -7apiT Nembei
Date: 10 A ,:-16
STATE OF ARIZONA
) S S.
COUNTY OF MARICOPA )
tb
The foregoing instrument was acknowledged before me this day of
CCIOIV2,015, by J#1 Kfem , the
of Sunset Tartesso, LLC, an Arizona limited liability company, Managing Member of NSHE
Brisbane, LLC, an Arizona limited liability company.
AMY L, BRINSON Oe‘C-4
(Seal and Expiration) Notary ,Public - Arizona
. theicopa County Notary Public (signature)
111,111111171. 1 7 M.Y"Comm. gxpires Mar 19, 2017
1.11101 T011-
Sunset Tartesso, LLC, an i zona mited liability company
By:
Its:
Date:
STATE OF ARIZONA
) SS.
COUNTY OF MARICOPA
7eA
he foregoing instrument vsr..asWowiedged before me this Af) . day of
, 201., by jepf--• ,the /SY
of Sunset Tartesso, an Arizona limited liability company.
rfee
AMMIANNAMON
Notary PUbliC AriZona otary Public (signature)
(Seal and Expiration) 4 Comm. Maricopa Expires County Mar 19, 2017 I,
AMY L. BRINSON
3 Notary Public - Arizona
Maricopa County
My Comm. Expires Mar 19, 2017
HOA:
Granite Vista Homeowners Association,
an Arizona not for profit corporation
By:
Its: 6://,:-./ ritybe
Date: e hur LIO 6
State of Arizona
) SS.
County of Maricopa
/11 A
riUient was acknowledged before me this day of eIC
eid)9 , the of Granite Vista
Homeowners Association, an Arizona not for profit corporation, on behalf of the corporation.
(Seal and Expiration)
AMY L. BRINSON
- Notary Public - Arizona Notary Public (signature)
Maricopa County
My Comm. Expires Mar 19 .„207
4
COUNTY:
MARICOPA COUNTY, a political subdivision of the State of Arizona
By
Chairman of the Board of Supervisors
ATTEST:
Clerk of the Board of Supervisors Date
STATE OF ARIZONA
) SS.
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this day
of 201 , by 5
Chairman of the Maricopa County Board of Supervisors.
My Commission Expires
Notary Public (signature)
5
EXHIBIT "A"
BLANKET DRAINAGE EASEMENT/DRAINAGE ACCESS EASEMENT FOR FUTURE
PHASE(S) LEGAL DESCRIPTION
THAT PORTION OF "RESUBDIVISION OF UNIT NO. 38 OF ROMOLA OF ARIZONA GRAPE FRUIT
UNIT" RECORDED IN BOOK 18 PAGE 38, RECORDS OF MARICOPA COUNTY AND BEING A
PORTION OF SECTION 35, TOWNSHIP 3 NORTH, RANGE 2 WEST OF THE GILA AND SALT RIVER
MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 35, BEING MARKED BY A
BRASS CAP FLUSH, FROM WHICH THE NORTHEAST CORNER OF SAID SECTION 35, BEING
MARKED BY A BRASS CAP IN HANDHOLE, BEARS NORTH 00 DEGREES 17 MINUTES 16 SECONDS
EAST, 2647.91 FEET;
THENCE NORTH 89 DEGREES 52 MINUTES 17 SECONDS WEST, ALONG THE EAST-WEST MID-
SECTION LINE OF SAID SECTION 35, 1009.65 FEET TO THE POINT OF BEGINNING;
THENCE DEPARTING SAID EAST-WEST MID-SECTION LINE, SOUTH 07 DEGREES 19 MINUTES 50
SECONDS EAST, 44.70 FEET;
THENCE SOUTH 06 DEGREES 45 MINUTES 35 SECONDS WEST, 102.08 FEET;
THENCE SOUTH 89 DEGREES 27 MINUTES 07 SECONDS WEST, 68.32 FEET;
THENCE SOUTH 85 DEGREES 09 MINUTES 43 SECONDS WEST, 349.57 FEET;
THENCE SOUTH 81 DEGREES 42 MINUTES 36 SECONDS WEST, 194.07 FEET;
THENCE SOUTH 77 DEGREES 14 MINUTES 18 SECONDS WEST, 204.20 FEET;
THENCE SOUTH 35 DEGREES 15 MINUTES 14 SECONDS WEST, 143.03 FEET;
THENCE SOUTH 71 DEGREES 03 MINUTES 24 SECONDS WEST, 59.95 FEET;
THENCE SOUTH 09 DEGREES 33 MINUTES 09 SECONDS EAST, 630.14 FEET;
THENCE SOUTH 04 DEGREES 42 MINUTES 15 SECONDS EAST, 363.73 FEET;
THENCE SOUTH 78 DEGREES 12 MINUTES 39 SECONDS WEST, 72.25 FEET;
THENCE SOUTH 19 DEGREES 58 MINUTES 21 SECONDS WEST, 453.46 FEET;
THENCE NORTH 68 DEGREES 46 MINUTES 41 SECONDS WEST, 92.26 FEET;
THENCE SOUTH 21 DEGREES 17 MINUTES 28 SECONDS WEST, 177.93 FEET TO THE BEGINNING
OF A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, FROM WHICH THE CENTER BEARS
NORTH 16 DEGREES 13 MINUTES 42 SECONDS EAST, 896.56 FEET;
THENCE ALONG SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 11 DEGREES 39
MINUTES 15 SECONDS, AN ARC LENGTH OF 182.36 FEET;
Project No.: 13199 Location: Mancopa County, Arizona File: Drainage Esmt Future Ph Description
Hubbard Engineering (Mesa, AZ) Page 1 of 4 aburcham@hubbardengineering.com
THENCE SOUTH 27 DEGREES 50 MINUTES 50 SECONDS WEST, 88.00 FEET;
THENCE SOUTH 33 DEGREES 28 MINUTES 16 SECONDS WEST, 84.21 FEET;
THENCE SOUTH 29 DEGREES 18 MINUTES 34 SECONDS EAST, 155.58 FEET;
THENCE SOUTH 61 DEGREES 22 MINUTES 27 SECONDS WEST, 178.19 FEET;
THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 332.92 FEET;
THENCE NORTH 89 DEGREES 47 MINUTES 56 SECONDS WEST, 122.04 FEET TO THE NORTH-
SOUTH MID-SECTION LINE;
THENCE NORTH 89 DEGREES 47 MINUTES 14 SECONDS WEST, 977.23 FEET;
THENCE NORTH 00 DEGREES 12 MINUTES 46 SECONDS EAST, 122.80 FEET;
THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, 1022.13 FEET;
THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 361.54 FEET;
THENCE NORTH 27 DEGREES 40 MINUTES 18 SECONDS EAST, 657.97 FEET;
THENCE SOUTH 68 DEGREES 51 MINUTES 54 SECONDS EAST, 269.27 FEET;
THENCE NORTH 21 DEGREES 35 MINUTES 17 SECONDS EAST, 235.46 FEET;
THENCE NORTH 03 DEGREES 57 MINUTES 38 SECONDS WEST, 955.38 FEET;
THENCE NORTH 17 DEGREES 08 MINUTES 20 SECONDS WEST, 369.49 FEET;
THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 489.82 FEET
THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 80.60 FEET TO THE EAST-WEST
MID-SECTION LINE;
THENCE CONTINUING NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 273.51 FEET;
THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, 338.11 FEET;
THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 10.00 FEET;
THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, 64.78 FEET;
THENCE NORTH 55 DEGREES 42 MINUTES 04 SECONDS EAST, 16184 FEET TO THE BEGINNING
OF A TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 925.00 FEET;
Project No.: 13199 Location: Maricopa County, Arizona File: Drainage Esrnt Future Ph Description
Hubbard Engineering (Mesa, AZ) Page 2 of 4 aburcham@hubbardengineering.com
THENCE ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 14 DEGREES 07
MINUTES 27 SECONDS, AN ARC LENGTH OF 228,03 FEET;
THENCE NORTH 41 DEGREES 34 MINUTES 36 SECONDS EAST, 421.07 FEET;
THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 562.48 FEET;
THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 73.89 FEET;
THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 62.77 FEET;
THENCE NORTH 38 DEGREES 27 MINUTES 11 SECONDS EAST, 312.06 FEET;
THENCE NORTH 54 DEGREES 35 MINUTES 16 SECONDS EAST, 45.91 FEET;
THENCE NORTH 00 DEGREES 07 MINUTES 36 SECONDS EAST, 523.81 FEET;
THENCE NORTH 71 DEGREES 44 MINUTES 53 SECONDS WEST, 185.75 FEET;
THENCE NORTH 25 DEGREES 38 MINUTES 51 SECONDS WEST, 198.07 FEET TO A LINE 165.22
FEET SOUTH OF A PARALLEL TO THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 35;
THENCE NORTH 89 DEGREES 57 MINUTES 44 SECONDS WEST, ALONG SAID PARALLEL LINE,
298.07 FEET;
THENCE DEPARTING SAID PARALLEL LINE, NORTH 00 DEGREES 18 MINUTES 13 SECONDS EAST,
125.22 FEET TO A LINE 40,00 FEET SOUTH OF AND PARALLEL TO SAID NORTH LINE;
THENCE SOUTH 89 DEGREES 57 MINUTES 44 SECONDS EAST, ALONG SAID PARALLEL LINE,
479.13 FEET;
THENCE DEPARTING SAID PARALLEL, SOUTH 00 DEGREES 18 MINUTES 13 SECONDS WEST,
175.47 FEET;
THENCE SOUTH 89 DEGREES 48 MINUTES 21 SECONDS EAST, 207.00 FEET;
THENCE SOUTH 00 DEGREES 17 MINUTES 33 SECONDS WEST, 1008,56 FEET;
THENCE SOUTH 00 DEGREES 11 MINUTES 49 SECONDS WEST, 123.00 FEET;
THENCE SOUTH 89 DEGREES 48 MINUTES 11 SECONDS EAST, 331.71 FEET TO A LINE 1047 FEET
WEST OF AND PARALLEL TO THE EAST LINE OF SAID NORTHEAST QUARTER;
THENCE SOUTH 00 DEGREES 17 MINUTES 16 SECONDS WEST, ALONG SAID PARALLEL LINE,
517.84 FEET;
THENCE DEPARTING SAID PARALLEL LINE, SOUTH 32 DEGREES 20 MINUTES 00 SECONDS WEST,
38,12 FEET;
Project No.: 13199 Location: Maricopa County, Arizona File: Drainage Esmt Future Ph Description
Hubbard Engineering (Mesa, AZ) Page 3 of 4 aburcham@hubbardengineering.com
THENCE SOUTH 00 DEGREES 03 MINUTES 36 SECONDS WEST, 112.99 FEET;
THENCE SOUTH 39 DEGREES 33 MINUTES 13 SECONDS EAST, 49.60 FEET TO A LINE 1035 FEET
WEST OF AND PARALLEL TO SAID EAST LINE;
THENCE SOUTH 00 DEGREES 17 MINUTES 16 SECONDS WEST, ALONG SAID PARALLEL LINE,
314.00 FEET;
THENCE DEPARTING SAID PARALLEL LINE, SOUTH 00 DEGREES 00 MINUTES 02 SECONDS WEST,
52.73 FEET;
THENCE SOUTH 02 DEGREES 42 MINUTES 38 SECONDS EAST, 53.81 FEET;
THENCE SOUTH 06 DEGREES 13 MINUTES 39 SECONDS EAST, 61.57 FEET;
THENCE SOUTH 06 DEGREES 59 MINUTES 11 SECONDS EAST, 10.00 FEET;
THENCE SOUTH 07 DEGREES 19 MINUTES 50 SECONDS EAST, 105.80 FEET
TO THE POINT OF BEGINNING;
SAID PARCEL CONTAINS 2,276,728 SQUARE FEET OR 52.2665 ACRES, MORE OR LESS.
Project No.: 13199 Location: Mancopa County, Arizona File: Drainage Esmt Future Ph Description
Hubbard Engineering (Mesa, AZ) Page 4 of 4 aburcham@hubbardengineering.com
HUBBARD 1201 S. Alma Suite School 12085 Rd.
ENGINEERING Ph: Mesa, 480.892.3313 AZ 95210
www.hubbardengineering.com
N. 1/4 CORNER, OLIVE AVENUE NE CORNER,
SEC. 35, UN, R2W, F. N. LINE, NE 1/4, SEC. 35, UN, R2W SEC. 35, T3N, R2W,
FND. BCF FND. BCHH
N89'57'44"W 2659.57' —r
zFç L22 1 I c\I In
L201-
(4::I 14-1 I
N2538'51 "W 198.07'1 /
N71'44'53"W 185.75' C:3 to F4! I N.T.S.
I
RESUBDIVISION OF L19
UNIT NO. 38 OF
ROMOLA OF ARIZONA SO'll '49"W 123.00'
GRAPE FRUIT UNIT
BK. 18, PG. 38, M.C.R. S89'48 '11 "E 331.71'
NO'00'00"E 62.77'
N90'00'00''W 73.89' S0'17'16"W 517.84'
N0'00 '00"E 562.48' —/
S32'20 '00"W
38.12' 1047.00'
zi,-14'0727" —S0'03'36"W 112.99'
R=925.00', S3933'13"E 49.60'
L=228.03' 1 1035.00'
L16 t/TiLlt'`IfrKLET tn-PlC i !_ S0'17 116"W 314.00'
1 0/1 LA rriV771777711 _I !I-d---1,7-- ,---S0'00'02'W 52.73'
ACCESS EASEMENT FOR S2'42'38"E 53.81'
FUTURE PHASE(S) S613'39 "E 61.57'
S6'59'11 "E 10.00'
105.80' S7'19 '50"E 150.50'
N89'52'17"W 2654.98' P.O.B.
80.60' OMNI 1I1111111111I 1629.77' 44.70' 1009.65'
15.56' SEE SHEET 2 E. 1/4 CORNER,
CENTER SECTION, 35, 13N, R2W SEC. 35, UN, R214 -/,
SEC. 35, T3N, R2W, BUTLER AVE FND. BCF
FND. NOTHING
GRANITE VISTA 1 Project No. Date
[ BLANKET DRAINAGE EASEMENT/DRAINAGE ACCESS 13199 10/20/15
EASEMENT FOR FUTURE PHASE(S) Project Manager Project Eng. Sht: 1013
EXHIBIT 'A" ADMAN BURCHAM
Maricopa County, Arizona
HUBBARD 1201 S. Alma Suite School 12000 Rd.
ENGINEERING Ph: Mesa, 480.892.3313 AZ 85210
www.hubbardengineering.com
SEE SHEET 1
S645 '35'W 102.08'
58927'07"W 68.32'
585'09'43"W 349.57'
35, S81•42'36"W 194.07'
57714'18"W 204.20'
SEC. S35'15'14"W 143.03'
LINE BLANKET DRAINAGE
EASEMENT/DRAINAGE
ACCESS EASEMENT FOR
MID-SECTION FUTURE PHASE(S)
RESUBDIVISION OF
UNIT NO. 38 OF
N-S ROMOLA OF ARIZONA
GRAPE FRUIT UNIT
BK. 18, PG. 38, M.C.R.
co, IN)
!NI
N16'13'42"E 896.56'
1r- (RADIAL BEARING)
of c(1\7\ " _
\_\---s2N16. 81 7.4,268'linwrW 1 79729. 236:
I ( \— A= 1139'15'; R=896.56', L=182.36'
0)I S2750'50'W 88.00'
II S33'28'16"W 84.21'
I \-561'2227"W 178.19'
f' ----S0'00'00"E 332.92'
51-44.95'
'977.17'
S8947 156"E 2651.07' SE CORNER,
S. 1/4 CORNER,
SEC. 35, T3N, R2W, \_ S. LINE, SE 1/4, SEC. SEC. 35, T3N, R2W,
FND. BCF 35, T3N, R2W FND. BCHH
S8947'14"E 2650.94' NORTHERN AVE
SW CORNER,
SEC. 35, T3N, R2W,
FND. BCHH
GRANITE VISTA 1 Project No. Date
[ BLANKET DRAINAGE EASEMENT/DRAINAGE ACCESS 13199 10/205
EASEMENT FOR FUTURE PHASE(S) Project Manager Project Eng. Sht 2 of 3
EXHIBIT ';4" ADRIAN BURCHAM
Maricopa County, Arizona
HUBBARD 1201 S. Alma Suite School 12000 Rd.
ENGINEERING Ph: Mesa, 480.892.3313 AZ 86210
www.hubbardengineering.com
]
LINE TABLE LINE TABLE
LINE i BEARING LENGTH LINE i BEARING LENGTH
Li S71'03'24''W 59.95' L21 N018 '1,3"E 125.22'
L2 S7812 '39"W 72.25' L22 S8957'44"E 479.13'
L3 S1958'21 "W 453.46' L23 S0*18'13"W 175.47'
L4 S2918'34"E 155.58' L24 589'48'21"E 207,00'
L5 N8947'56"W 122.04'
L6 N8947'14"W 97Z23'
L7 N0'12'46"E 122.80'
L8 N90'00 100"E 1022.13'
L9 NO'00'00''E 361.54'
L10 S6851'54"E 269.27'
L11 N2135'17"E 235.46'
L12 N90'00'00''W 489.82'
L13 NO'00'00"E 354.11'
L14 N9000'00"E 338.11'
L15 S0'00'00"E 10.00'
L16 N9000'00"E 64.78'
L17 N55'42'04''E 163.84'
L18 N3827'11 "E 312,06'
L19 N5435'16"E 45.91'
L20 N89'57'44"W 298.07'
GRANITE VISTA 1 Project No. Date
BLANKET DRAINAGE EASEMENT/DRAINAGE ACCESS 13199 10/20/15
EASEMENT FOR FUTURE PHASE(S) Project Manager Project Eng. Sht: 3 of 3
EXHIBIT 'A" AORkIN BURCHAM
Maricopa County, Arizona 4
14"-Z="17,z•20.0'.;,==="-.4.-='20.-°14""' 12fM.:=114.17==.."-M21:81111= "'`
Vir=1=11.111=r..1‘17.17A0MVIMP,W=11
MASTER DRAINAGE EASEMENT
EXHIBIT B
7 1
NN
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<:\:!::N\
FUTURE .
DEVELOPMENT PHASE(S) ELAN .;\\E \ME: KET DRAINAGE .\\G‘;
\\AN
UI
- 19 N\:` I
N'AN\\x\VXNN••'"\\ z
7 7‘xkliittill
XMX0MX0 10.- NNA 1\x\;1
BLANKET DRAINAGE --Kk.w•\>\,;. _
EASEMENT/DRAINAGE
BIANKET DRAINAGE ACCESS EASEMENT
EASEMENT/DRAINAGE ACCESS FOR PHASE .•, 10
EASEMENT FOR PHASE 15 ,,,,,, •, ,,,,, -•.••...•••••••
BLANKET DRAINAGE
EASEMENT/DRAINAGE ACCESS
EASEMENT FOR PHASE 10 DEV.
PHASE 1A
BLANKET DRAINAGE
EASEMENT/DRAINAGE ACCESS
EASEMENT FOR PHASE 15
BLANKET DRAINAGE
EASEMENT/DRAINAGE ACCESS
EASEMENT FOR FUTURE
PHASE(S)
BLANKET DRAINAGE
DEVELOPMENT EASEMENT/DRAINAGE ACCESS
PHASE BOUNDARY EASEMENT FOR PHASE 1C
NORTHERN AVENUE
.022 SCALE .4 201
1
scaJr 0.1.1 VA Nate V-2.1
MASTER DRAINAGE EASEMENT riearsm RN: Kimley*Hom
EXHIBIT B 20014 NECKED 511 *Ens mitre-Nom 1.30011/073.
P CAM JAW 2015 7710 FM% 1.1. Aeraav 15P 11520 7....411 (44M) 071 1144-.5. 71.71,0
Exhibit C
When Recorded/Executed Mail to:
Maricopa County Planning and Development Department
501 North 44th Street, Suite 200
Phoenix, AZ 85008
Attention: Lynn Favour
EXTINGUISHMENT OF A PORTION OF BLANKET DRAINAGE EASEMENT
AND A PORTION OF DRAINAGE ACCESS EASEMENT
This Extinguishment of a Portion of Blanket Drainage Easement and a Portion of
Drainage Access Easement ("Easement Extinguishment") is executed this day of
, 2015 by Granite Vista Homeowners Association, an Arizona not for profit
corporation ("HOA"), and Maricopa County, a political subdivision of the State of Arizona
("County").
On , 201 NSHE Brisbane, LLC, an Arizona limited liability
company, ("Elliott Homes"), the HOA, and the County (collectively, the "Parties") executed an
Amended and Restated Drainage and Access Easements and Agreement and Extinguishments,
recorded in the Office of the Maricopa County Recorder on ,201 as
Document No. 201 - ("Amended Agreement").
Through the Amended Agreement the HOA was granted a blanket drainage easement
over, upon, and across certain real property situated in Maricopa County that is legally described
and depicted in Exhibit A ("Blanket Drainage Easement"). The Amended Agreement also
granted the County a drainage access easement over, upon, and across the same area of land
covered by the Blanket Drainage Easement ("Drainage Access Easement").
The Parties now acknowledge that Elliott Homes has constructed certain permanent
drainage facilities within Elliott Homes' development Phase ("Development Phase "),
as contemplated in the Amended Agreement, and that as a result, the portion of the Blanket
Drainage Easement and the portion of the Drainage Access Easement that are identical to the
boundaries of Elliott Homes' Development Phase , are no longer necessary.
Accordingly, and per the terms of the Amended Agreement, the HOA hereby
extinguishes the portion of the Blanket Drainage Easement that is identical to the boundaries of
Elliott Homes' Development Phase , which portion is legally described and depicted
in Exhibit B, and the County hereby extinguishes the portion of the Drainage Access Easement
that is identical to the boundaries of Elliott Homes' Development Phase , which portion is
also legally described and depicted in Exhibit B.
[Signature Page to Follow]
IN WITNESS WHEREOF, the HOA and the County have executed this Easement
Extinguishment this day of , 20 .
HOA:
Granite Vista Homeowners Association,
an Arizona not for profit corporation
By:
Its:
Date:
STA IE OF ARIZONA )
) S S.
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this day of
, 20 , by , the
of Granite Vista Homeowners Association, an Arizona not for profit corporation, on behalf of
the corporation.
Notary Public (Signature)
(Seal and Expiration)
2
County:
Maricopa County
By:
Its:
Date:
STALL OF ARIZONA )
) SS.
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this day of
,20 , by , the
of Maricopa County, a political subdivision of the State of Arizona, on behalf of the County.
Notary Public (Signature)
(Seal and Expiration)
3
Exhibit D
When Recorded/Executed Mail to:
Maricopa County Planning and Development Department
501 North 44th Street, Suite 200
Phoenix, AZ 85008
Attention: Lynn Favour
TERMINATION OF AMENDED AND RESTATED AGREEMENT
This Termination of Amended and Restated Agreement ("Termination") is executed this
day of , 20 by NSHE Brisbane, LLC, an Arizona limited liability company,
Sunset Tartesso, LLC, an Arizona limited liability company (collectively, "Elliott Homes"),
Granite Vista Homeowners Association, an Arizona not for profit corporation ("HOA"), and
Maricopa County, a political subdivision of the State of Arizona ("County"). Elliott Homes, the
HOA, the County, and their successors are sometimes referred to herein collectively as the
"Parties."
On , 201 the Parties executed an Amended and Restated Drainage
and Access Easements and Agreement and Extinguishments, recorded in the Office of the
Maricopa County Recorder on ,201 as Document No. 201 -
("Amended Agreement").
Through the Amended Agreement the HOA was granted a blanket drainage easement
over, upon, and across certain real property situated in Maricopa County that is legally described
and depicted in Exhibit A ("Blanket Drainage Easement"). The Amended Agreement also
granted the County a drainage access easement over, upon, and across the same area of land
covered by the Blanket Drainage Easement ("Drainage Access Easement").
Pursuant to the terms of the Amended Agreement, the HOA has (or will prior to the
recordation of this Termination) extinguished the entirety of the Blanket Drainage Easement and
the County has (or will prior to the recordation of this Termination) extinguished the entirety of
the Drainage Access Easement, respectively. Accordingly, and also per the terms of the
Amended Agreement, the Parties mutually agree and do hereby terminate the Amended
Agreement.
[Signature Pages to Follow]
IN WITNESS WHEREOF, the Parties have executed this Termination this day
of , 20 .
Elliott Homes:
NSHE Brisbane, LLC, an Arizona limited liability company,
by Sunset Tartesso, LLC, an Arizona limited liability company, its Managing Member
By:
Its:
Date:
STATE OF ARIZONA )
) S S.
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this day of
,20 , by , the
of Sunset Tartesso, LLC, an Arizona limited liability company,
Managing Member of NSHE Brisbane, LLC, an Arizona limited liability company.
(Seal and Expiration)
Notary Public (signature)
Sunset Tartesso, LLC, an Arizona limited liability company
By:
Its:
Date:
STA1 E OF ARIZONA )
) SS.
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this day of
, 20 , by , the
of Sunset Tartesso, an Arizona limited liability company.
Notary Public (signature)
(Seal and Expiration)
2
HOA:
Granite Vista Homeowners Association,
an Arizona not for profit corporation
By:
Its:
Date:
STATE OF ARIZONA
) S S.
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this day of
,20 , by , the
of Granite Vista Homeowners Association, an Arizona not for profit corporation, on behalf of the
corporation.
Notary Public (Signature)
(Seal and Expiration)
3
County:
Maricopa County
By:
Its:
Date:
STA IE OF ARIZONA )
) SS.
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this day of
, 20 , by , the
of Maricopa County, a political subdivision of the State of Arizona, on behalf of the County.
Notary Public (Signature)
(Seal and Expiration)
4