PUBLIC ACCESS EASEMENT AND AGREEMENT FINAL PLAT 1C.PDF

When Recorded/Executed Mail to:
Maricopa County Planning and Development Department
501 North 44th Street, Suite 200
Phoenix, AZ 85008
Attention: Lynn Favour
PUBLIC ACCESS EASEMENT AND AGREEMENT
This Public Access Easements and Agreement ("Agreement") is made as of this 2_ th
day of Tv , 2015 between NSHE Brisbane, LLC, an Arizona limited liability company,
Sunset Tartesso, LLC, an Arizona limited liability company (collectively, "Grantor" or "Elliott
Homes"), and Maricopa County, a political subdivision of the State of Arizona ("Grantee" or
"County"). Grantee, Grantor, and their successors are sometimes referred to herein collectively
as the "Parties."
For valuable consideration, Grantor hereby grants to Grantee a public access easement
over, upon, and across certain real property situated in Maricopa County and legally described
and depicted in Exhibit A, attached hereto ("Public Access Easement").
Grantor has prepared and submitted to Grantee (or is preparing to do so) a final plat for a
parcel at the northwest corner of Northern Avenue and Cotton Lane in a multi-phased master
planned project known as Granite Vista ("Final Plat 1C"). This Final Plat 1C will dedicate
roadways to Grantee for use by the public ("Public Roadways"). One of the Public Roadways
terminates at the boundaries of Final Plat 1C as a stub street in preparation for connecting to a
Future Roadway (as defined hereafter).
This Public Access Easement is contiguous to the end of this stub street ("Stub Street"),
as depicted on Exhibit 13. Until this Stub Street is connected to the Future Roadway, this Public
Access Easement will provide Grantee and the public with a temporary cul-de-sac on which the
public can turn vehicles around at the end of the Stub Street.
Grantor agrees not to build, or give others permission to build, any structures or
improvements on, over, or through this Access Easement in any manner which obstructs or
impedes public access, unless specifically approved by the County as evidenced by issuance of a
permit for such improvements from the County.
In the future, Grantor will prepare a final plat for a residential subdivision that will
dedicate a public roadway to connect to the Stub Street ("Future Roadway"), which will
eliminate the need for this Public Access Easement.

When the Future Public Roadway is dedicated to Grantee and constructed according to
plans approved by Grantee and provides the public exiting the boundaries of Plat 1C at the Stub
Street with the ability to connect to another public street or cul de sac, Grantee agrees to execute
and record an extinguishment of the Public Access Easement and a termination of this Public
Access Easements Agreement in the form attached hereto as Exhibit C ("Easement
Extinguishment and Agreement Termination").
1Signature Pages to Follow]
2

WI,TNESS WHEREOF, the Parties have executed this Agreement on this day
of , 2015.
GRANTOR:
NSHE Brisbane, LLC, an Arizona limited liability company,
by Sunset Tartesso, LLC, an Arizona limited liability company, its Managing Member
By4/c.
Its: /ft fie
Date: tTLs-
STALE OF ARIZONA
) SS.
COUNTY OF MARICOPA )
1 The foregoing instrumept s ac owledged before me this 0( i day of,
- t , 2015, by —e, K an , the /1-9J, V V
of Sunset Tartesso, LLC, an Arizona limited liability company, Managing Member of NSHE
Brisbane, LLC, an Arizona limited liability company.
AMY L. BRINSON
. Notary Ptiblit -. Arizona
MaricoPa.C(itinty
Polnrn, :expiees mar,19', ,?ott
(Seal and Expirati
Sunset Tartesso, LLC, an Arizona limited liability company
By
Its:
Date: 1.71 2 .c, ,C
STATE OF ARIZONA )
) SS.
COUNTY OF MARICOPA
.44.411-L-
I The foregoing instrument_w acknowledged before me this %'(' day of
J ,2015, by fd Idein , the vr ,
of SunYet Tartesso, an Arizona limited liability company.
AMYL BRINSON
Notary PUblit - -Arlinna
Maricopa County
(Seal and Expiration) MY- Comm. 'Expires Mar,19, 201•11
.1•1"I••• NEP- -.NV
3

GRANTEE:
MARICOPA COUNTY, a political subdivision of the State of Arizona
By
Chairman of the Board of Supervisors
APPROVED AS TO FORM: 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 2015, by , Chairman
of the Maricopa County Board of Supervisors.
My Commission Expires
Notary Public (signature)
4

EXHIBIT "A"
ACCESS EASEMENT PHASE 1C 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 SOUTHEAST CORNER OF SAID SECTION 35 BEING MARKED BY A BRASS
CAP IN HANDHOLE, FROM WHICH THE SOUTH QUARTER CORNER OF SAID SECTION 35, BEING
MARKED BY A BRASS CAP FLUSH, BEARS NORTH 89 DEGREES 47 MINUTES 56 SECONDS WEST,
2651.07 FEET;
THENCE NORTH 89 DEGREES 47 MINUTES 56 SECONDS WEST ALONG THE SOUTH LINE OF SAID
SOUTHEAST QUARTER, 2404.53 FEET;
THENCE DEPARTING SAID SOUTH LINE NORTH 00 DEGREES 12 MINUTES 04 SECONDS EAST,
689.64 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY,
FROM WHICH THE CENTER BEARS NORTH 27 DEGREES 50 MINUTES SO SECONDS EAST, 990.00
FEET AND THE POINT OF BEGINNING;
THENCE ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 00 DEGREES 10
MINUTES 47 SECONDS, AN ARC LENGTH OF 3.11 FEET TO THE BEGINNING OF A REVERSE CURVE,
CONCAVE SOUTHERLY, HAVING A RADIUS OF 15.00 FEET;
THENCE ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 41 DEGREES 21
MINUTES 34 SECONDS, AN ARC LENGTH OF 10.83 FEET TO THE BEGINNING OF A REVERSE
CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 60.00 FEET;
THENCE ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 265 DEGREES 37
MINUTES 19 SECONDS, AN ARC LENGTH OF 278.16 FEET TO THE BEGINNING OF A REVERSE
CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 15.00 FEET;
THENCE ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 44 DEGREES 11
MINUTES 05 SECONDS, AN ARC LENGTH OF 11.57 FEET;
THENCE SOUTH 27 DEGREES 47 MINUTES 01 SECONDS WEST, 80.00 FEET TO THE POINT OF
BEGINNING;
SAID PARCEL CONTAINS 11,104 SQUARE FEET OR 0.2549 ACRES,
MORE OR LESS.
Project No.: 13199 Location: Mancopa County, Arizona File: Access Esmt Ph1C Description
Hubbard Engineering (Mesa, AZ) Page 1 of 1 aburcham@hubbardengineering.com

HUBBARD 1201 S. Alma Suite School 12000 Rd.
ENGINEERING Ph: Mesa, 480.892.3313 AZ 85210
www.hubbardengineering.cam
CURVE TABLE
RESUBDIVISION OF
CURVE i DELTA RADIUS LENGTH UNIT NO. 38 OF
ROMOLA OF ARIZONA
Cl 0'10'47" 990.00' 3.11' GRAPE FRUIT UNIT
BK. 18, PG. 38, M.C.R.
C2 4121'34" 15.00' 10.83'
C3 44•11'05" 15.00' 11.57'
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ACCESS EASEMENT
PHASE 1C
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RESUBDIVISION OF IkLJ
UNIT NO. 38 OF 1;72,1-
ROMOLA OF ARIZONA I
GRAPE FRUIT UNIT
BK. 18, PG. 38, M.C.R. E-4
246.54' 2404.53'
— N8947'56"W 2651.07'
S. 1/4 CORNER, S. LINE, SE 1/4, SEC. 35, T3N, R2W SE CORNER,
SEC. 35 , T3N, R2W,
FND. BCF NORTHERN AVENUE FND. BCHH
GRANITE VISTA Project No. Date
13199 06/30/15
ACCESS EASEMENT PHASE 1C lE Sit 1 of 1
EXHIBIT 'A' Project Manager Project Eng.
Maricopa County, Arizona ADRG4N BURCHAM

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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 PUBLIC ACCESS EASEMENT
AND TERMINATION OF AGREEMENT
This Extinguishment of Public Access Easement and Termination of Agreement is made
as of this day of , 2015 by NSHE Brisbane, LLC, an Arizona limited liability
company, Sunset Tartesso, LLC, an Arizona limited liability company (collectively, "Grantor" or
"Elliott Homes"), and Maricopa County, a political subdivision of the State of Arizona
("Grantee" or "County"). Grantee, Grantor, and their successors are sometimes referred to
herein collectively as the "Parties."
On , 2015 Grantor and Grantee executed a Public Access Easement
and Agreement, recorded in the Office of the Maricopa County Recorder on
2015 as Document No. 2015- (the "Agreement"), which granted Grantee an interim
public access easement over, upon, and across that certain real property situated in Maricopa
County that is legally described and depicted in Exhibit A, attached hereto ("Public Access
Easement").
The Parties hereby acknowledge that Grantor has constructed the connecting public
roadway as contemplated in the Agreement and that as a result the interim Public Access
Easement is no longer necessary.
Accordingly, and per the terms of the Agreement, Grantee hereby extinguishes the Public
Access Easement, and the Parties mutually agree and do hereby terminate the Public Access
Easement and Agreement.
[Signature Pages to Follow]

IN WITNESS WHEREOF, the Parties have executed this Extinguishment of Public
Access Easement and Termination of Agreement this day of , 2015.
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
) SS.
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this day of
, 2015, 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:
STA IL OF ARIZONA
) SS.
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this day of
, 2015, by , the
of Sunset Tartesso, an Arizona limited liability company.
Notary Public (signature)
(Seal and Expiration)
2

County:
Maricopa County
By:
Its:
Date:
STA'IE OF ARIZONA )
)SS,
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this day of
, 2015, 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