PUBLIC ACCESS EASEMENT AND AGREEMENT FINAL PLAT 1B.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
A el
T is Public Access Easements and Agreement ("Agreement") is made as of this dakr1--
day of , 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 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 1B"). This Final Plat 1B dedicates roadways to Grantee for use by the
public ("Public Roadways"). One of the Public Roadways terminates at the boundaries of Final
Plat 1B 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 B. 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 1B 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").
[Signature Pages to Follow]
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of (VI ff,I1TNESS WHEREOF, the Parties have executed this Agreement on this OM i day
,2015.
GRANTOR:
NSHE Brisbane, LLC, an Arizona limited liability company,
by Sunset Tartesso, LLC, an Arizona limited liability company, its Managing Member
veb,_
AD
STATE OF ARIZONA )
) SS.
COUNTY OF MARICOPA )
he foregoing instrument,wp 1s/apIppyiledged before me this Aoli) ay of
, 2015, by 3.err /Con , the ASS 1. Vr.
of Sunset Tartesso, LLC, an Arizona limited liability company, Managing Member of NSHE
Brisbane, LLC, an Arizona limited liability company.
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AMY L BRINSON
- Notary Public - Arizona
Maricopa County
(Seal and Expiration) My Comm. Expires Mar 19, 2017
otary Public (signature)
Sunset Tartesso, LLC, an Arizona limited liability company
STATE OF ARIZONA
) SS.
COUNTY OF MARICOPA
e foregoing instmmet watckiipwledged before me this 010 da
, 2015, by ,1 ar) , the /766 yp
of Sunset Tartesso, an Arizona limited liability company.
AMY L. BRINSON
Notary Public - Arizona
Maricopa County otary Public (signature)
(Seal and Expiration) My Comm. Expires Mar 19, 2017
3

GRANTEE:
MARICOPA COUNTY, a political subdivision of the State of Arizona
By
Chairman of the Board of Supervisors
APPROVED AS TO FORM: ATTEST:
Deputy County Attorney 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 1B 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 NORTHEAST CORNER OF SAID SECTION 35 BEING MARKED BY A BRASS
CAP IN HANDHOLE, FROM WHICH THE NORTH QUARTER CORNER OF SAID SECTION 35, BEING
MARKED BY A BRASS CAP FLUSH, BEARS NORTH 89 DEGREES 57 MINUTES 44 SECONDS WEST,
2659.57 FEET;
THENCE NORTH 89 DEGREES 57 MINUTES 44 SECONDS WEST ALONG THE NORTH LINE OF SAID
NORTHEAST QUARTER, 1384.35 FEET;
THENCE DEPARTING SAID NORTH LINE SOUTH 00 DEGREES 02 MINUTES 16 SECONDS WEST,
1258.08 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 00 DEGREES 11 MINUTES 49 SECONDS WEST, 83.00 FEET;
THENCE NORTH 89 DEGREES 48 MINUTES 11 SECONDS WEST, 5.78 FEET TO THE BEGINNING OF
A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 4.50 FEET;
THENCE ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 44 DEGREES 30
MINUTES 21 SECONDS, AN ARC LENGTH OF 3.50 FEET TO THE BEGINNING OF A REVERSE CURVE,
CONCAVE EASTERLY, HAVING A RADIUS OF 60.00 FEET;
THENCE ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 269 DEGREES 00
MINUTES 42 SECONDS, AN ARC LENGTH OF 281.71 FEET TO THE BEGINNING OF A REVERSE
CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 4.50 FEET;
THENCE ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 44 DEGREES 30
MINUTES 21 SECONDS, AN ARC LENGTH OF 3.50 FEET;
THENCE SOUTH 89 DEGREES 48 MINUTES 11 SECONDS EAST, 5.78 FEET TO THE POINT OF
BEGINNING;
SAID PARCEL CONTAINS 10,995 SQUARE FEET OR 0.2524 ACRES,
MORE OR LESS.
Project No.: 13199 Location: Maricopa County, Arizona File: Access Esmt Ph1B 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.com
N. 1/4 CORNER, NE CORNER,
SEC. 35, T3N, R2W, OLIVE AVENUE SEC. 35, T3N, R2W,
FND. BCF r-- N. LINE, NE 1/4, SEC. 35, T3N, R2W FND. BCHH
I N89°57 144"W 2659.57'
I-- 1384.35'
•
RESUBDIVISION OF
UNIT NO. 38 OF
ROMOL4 OF ARIZONA
GRAPE FRUIT UNIT
BK. 18, PG. 38, M. C. R. L.)
44°30'21 " P.O.B.
R=4.50, L=3.50'
S89°48 '11 "E 5.78'
N.TS. ACCESS EASEMENT
PHASE 1B
N89°48'11 "W 5.78'
d=44'3021"
R=4.50, L=3.50'
*S. #0°
aNIONO .00 00'
RESUBDI VISION OF
UNIT NO. 38 OF
ROMOLA OF ARIZONA
GRAPE FRUIT UNIT
BK. 18, PG. 38, M.C.R.
GRANITE VISTA Project No. Date
13199 04/27/15
ACCESS EASEMENT PHASE 18
EXHIBIT "A" Project Manager Project Eng. Sht loll
Maricopa County, Arizona ADRIAN BURCHAM

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PUBLIC ACCESS EASEMENTS
EXHIBIT B
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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 -*Lis Extinguishmept of Public
Access Easement and Termination of Agreement this 4QLi-- day of /1 , 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: 5: ra 6/5
STATE OF ARIZONA
) SS.
COUNTY OF MARICOPA )
n
The foregoing instrunitx owle dge d before me this 00 clay of
, 2015, by 7 I- en/ , the 7X‘' r • sr.
of Sunset Tartesso, LLC, an Arizona limited liability company, Managing Member of NSHE
Brisbane, LLC, an Arizona limited liability company.
10.111641willirdllbrilIam4.41I016•111 111.1
AMY L. BRINSON
Notary Public Arizona
Maricopa County
(Seal and Expiration) ____________________ My Comm. Expires Mar 19, 2017
ry Public (signature)
C, an Arizona limited liability company
STATE OF ARIZONA
) SS.
COUNTY OF MARICOPA )
A he foregoing instrument acjsupwledged before me this av 4 4 d day of
M it , 2015, by fi t (Klein , the SS t. ye
of Sunset Tartesso, an Arizona limited liability company.
AMY L. BRINSON
Notary Public - Arizona
I Maricopa County
(Seal and Expiration) \z--mry My Comm. Expires Mar 19, 2017

County:
Maricopa County
By:
Its:
Date:
STATE 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)
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