PUBLIC ACCESS EASEMENTS AND AGREEMENT FINAL PLAT 1A.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 EASEMENTS AND AGREEMENT
A iThis Public Access Easements and Agreement is made as of this 410(64 Anil day d 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 two public access
easements over, upon, and across certain real property situated in Maricopa County, the first of
which is legally described and depicted in Exhibit A and the second of which is legally
described and depicted in Exhibit B, attached hereto (individually, "Public Access Easement"
and collectively, "Public Access Easements").
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 1A"). This Final Plat lA dedicates roadways to Grantee for use by
the public ("Public Roadways"). Some of the Public Roadways terminate at the boundaries of
Final Plat lA as stub streets in preparation for connecting to Future Roadways (as defined
hereafter).
The Public Access Easements are contiguous to the end of two of these stub streets
("Stub Streets"), as depicted on Exhibit C. Until these Stub Streets are connected to Future
Roadways, these Public Access Easements will provide Grantee and the public with a temporary
cul-de-sac on which the public can turn vehicles around at the end of a Stub Street.
Grantor agrees not to build, or give others permission to build, any structures or
improvements on, over, or through these Access Easements 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.
Grantor covenants that it is the owner of fee simple title to the property over which these
Public Access Easements are being granted and is authorized to grant these Public Access
Easements over and across said property.
In the future, Grantor will prepare final plats for a residential subdivision that will
dedicate public roadways to connect to these Stub Streets (individually, "Future Roadway" and

collectively, "Future Roadways"), which will eliminate the need for these Public Access
Easements.
When a Future Roadway is dedicated to Grantee and constructed according to plans
approved by Grantee and provides the public exiting the boundaries of Plat IA at a 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 contiguous to that Stub Street in the
form attached hereto as Exhibit D ("Easement Extinguishment").
When both of the Public Access Easements have been extinguished pursuant to the terms
of the preceding paragraph, the Parties agree to execute and record an Agreement Termination
("Agreement Termination") in the form attached hereto as Exhibit E, which will render this
Public Access Easements Agreement fully satisfied and therefore null and void.
[Signature Pages to Follow]
2

IN WITNES4S. WHEREOF, the Parties have executed this Public Access Easements and
Agreement on this )4;?a0eday of , 2015.
GRANTOR:
NSHE Brisbane, LLC, an Arizona limited liability company,
by Sunset Tartesso, LLC, an Arizona limited liability company, its Managing Member
STATE OF ARIZONA
) SS.
COUNTY OF MARICOPA ) nd
4
Tihe foregoing instruint yo§ ackipvv,ledged before me this di'VA day ofil
, 2015, by Jett- Kieff) , the ASSt. r
of Sunset Tartesso, LLC, an Arizona limited liability company, Managing Member of NSHE
Brisbane, LLC, an Arizona limited liability company.
AMY L. BRINSON
Notary Public - Arizona
Maricopa County
My Comm. Expires Mar 19,201?
tary Public (signature)
Sunset Tartesso, LLC, an Arizona limited liability company
By:
Its: ASSt- P
Date: 57- Act do 6
STATE OF ARIZONA
) SS.
COUNTY OF MARICOPA
A A d
Iv/ The foregoing instrumjnoy*5. 1ackirlowledged before me this 0.0 ,dpy of
, 2015, by t icier?? ,the 75-5t. Vt
of Sunset Tartesso, an Arizona limited liability company.
zafftI AMY L. BRINSON
Notary Public - Arizona
-) Maricopa County
w My Comm. Expires Mar 19, 2017
(Seal and Expiration)
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 1A NORTH 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 EAST QUARTER CORNER OF SAID SECTION 35, BEING
MARKED BY A BRASS CAP FLUSH, BEARS NORTH 00 DEGREES 16 MINUTES 23 SECONDS EAST,
2647.74 FEET;
THENCE NORTH 00 DEGREES 16 MINUTES 23 SECONDS EAST ALONG THE EAST LINE OF SAID
SOUTHEAST QUARTER, 1597.07 FEET;
THENCE DEPARTING SAID EAST LINE NORTH 89 DEGREES 43 MINUTES 37 SECONDS WEST,
204.55 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 89 DEGREES 18 MINUTES 29 SECONDS WEST, 59.16 FEET TO THE BEGINNING OF
A NON-TANGENT CURVE, CONCAVE WESTERLY, FROM WHICH THE CENTER BEARS NORTH 89
DEGREES 18 MINUTES 29 SECONDS WEST, 2145.42 FEET;
THENCE ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 02 DEGREES 05
MINUTES 31 SECONDS, AN ARC LENGTH OF 78.33 FEET TO THE BEGINNING OF A REVERSE
CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 60.00 FEET;
THENCE ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 267 DEGREES 35
MINUTES 02 SECONDS, AN ARC LENGTH OF 280.21 FEET TO THE BEGINNING OF A REVERSE
CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 4.50 FEET;
THENCE ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 85 DEGREES 55
MINUTES 04 SECONDS, AN ARC LENGTH OF 6.75 FEET TO THE BEGINNING OF A REVERSE CURVE,
CONCAVE WESTERLY, HAVING A RADIUS OF 2176.42 FEET;
THENCE ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 00 DEGREES 25
MINUTES 32 SECONDS, AN ARC LENGTH OF 16.17 FEET TO THE POINT OF BEGINNING;
SAID PARCEL CONTAINS 13,251 SQUARE FEET OR 0.3042 ACRES, MORE OR LESS.
Project No.: 13199 Location: Maricopa County, Arizona File: Access Esmt Ph1A North 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.hubbardenglneerIng.com
E. 1/4 CORNER,
CURVE TABLE SEC. 35, T3N, R2W,
FND. BCF
CURVE i DELTA RADIUS LENGTH
RESUBDIVISION OF
C 1 8555'04" 4.50' 6.75' UNIT NO. 38 OF
ROMOLA OF ARIZONA
C2 025'32" 2176.42' 16.17' GRAPE FRUIT UNIT
BK. 18, PG. 38, MC. R.
. 3 s' 0 2" '2=50
070 . . ..... -- .....00,
/, ".• ... N.:.
10, N`I ‘;..,
/ V.../'
RESUBDI VISION OF /
UNIT NO. 38 OF
ROMOLA OF ARIZONA
GRAPE FRUIT UNIT
BK. 18, PG. 38, M.C.R.
ACCESS EASEMENT
PHASE 1A NORTH
*scI;
sst-
Lci
CC
P.O.B.
J—
N89°18 '29 "W N89°18 '29 "W N89°43'37"W
2145.42' 59.16' 204.55'
(RADIAL BEARING) (TIE LINE)
RESUBDI VISION OF
UNIT NO. 38 OF
ROMOLA OF ARIZONA
GRAPE FRUIT UNIT NORTHERN AVE
BK. 18, PG. 38, M.C. R.
SE CORNER,
N.T. S. SEC. 35, UN, R2W,
FND. BCHH
GRANITE VISTA Project No. Date
13199 04/27/15
E ACCESS EASEMENT PHASE 1A NORTH lE
EXHIBIT "A" Project Manager Project Eng. Slit I of I
Maricopa County, Arizona ADRIAN BURCHAA1

EXHIBIT "B"
ACCESS EASEMENT PHASE 1A SOUTH 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 THE
SOUTHEAST QUARTER OF SAID SECTION 35, 417.02 FEET;
THENCE DEPARTING SAID SOUTH LINE NORTH 00 DEGREES 12 MINUTES 04 SECONDS EAST,
297.96 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY, FROM
WHICH THE CENTER BEARS SOUTH 00 DEGREES 11 MINUTES 33 SECONDS WEST, 4.50 FEET AND
TO THE POINT OF BEGINNING;;
THENCE ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 86 DEGREES 44
MINUTES 07 SECONDS, AN ARC LENGTH OF 6.81 FEET TO THE BEGINNING OF A REVERSE CURVE,
CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 60.00 FEET;
THENCE ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 266 DEGREES 44
MINUTES 49 SECONDS, AN ARC LENGTH OF 279.34 FEET;
THENCE SOUTH 89 DEGREES 47 MINUTES 44 SECONDS EAST, 64.40 FEET;
THENCE SOUTH 00 DEGREES 12 MINUTES 16 SECONDS WEST, 59.16 FEET TO THE POINT OF
BEGINNING;
SAID PARCEL CONTAINS 12,346 SQUARE FEET OR 0.2834 ACRES, MORE OR LESS.
Project No.: 13199 Location: Maricopa County, Arizona File: Access Esmt Ph1A South 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.conn
RESUBDIVISION OF
UNIT NO. 38 OF
ROMOLA OF ARIZONA
GRAPE FRUIT UNIT
BK. 18, PG. 38, M.C.R.
S89'47'44"E 64.40'
d.8644'07"
R=4.50', L=6.81' P.O.B.
ACCESS EASEMENT
PHASE 1A SOUTH S0°11'33"W 4.50'
N.T.S.
(RADIAL BEARING)
RESUBDI VISION OF
UNIT NO. 38 OF
ROMOLA OF ARIZONA
GRAPE FRUIT UNIT
BK. 18, PG. 38, M.C.R.
2234.05' 41Z02'
N8947'56 "W 2651.07'
S. 1/4 CORNER, LINE, SE 1/4, SEC. 35, T3N, R2W SE CORNER,
SEC. 35, T3N, R2W, SEC. 35 , T3N, R2W,
FND. BCF NORTHERN AVENUE BCHH
GRANITE VISTA Project No. Date
I: ACCESS EASEMENT PHASE 1A SOUTH 13199 04/27/15
lE
EXHIBIT "B" Project Manager Project Eng.
Maricopa County, Arizona ADRIAN BURCHAM

PUBLIC ACCESS EASEMENTS
EXHIBIT C
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PUBLIC ACCRESS EASEMENTS DESIGNED at KimleYo
EXHIBIT C OMAN CHECHED OVI 0 2015 101I1.,-1-1 . A,soctA1122, sos
DAM JAN 2015 Ronk 2740 Morro 151h 20 (ssn PENSION APP17.

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
EXTINGUISHMENT OF PUBLIC ACCESS EASEMENT
This Extinguishment of Public Access Easement ("Easement Extinguishment") is
executed this day of , 2015 by Maricopa County, a political subdivision of the
State of Arizona ("Grantee" or "County").
On , 2015 NSHE Brisbane, LLC, an Arizona limited liability company,
("Grantor" or "Elliott Homes") and Grantee executed a Public Access Easements Agreement,
recorded in the Office of the Maricopa County Recorder on , 2015 as
Document No. 2015- , which granted Grantee two public access easements
over, upon, and across certain real property situated in Maricopa County, one of which is legally
described and depicted in Exhibit A ("Public Access Easement").
Grantee hereby acknowledges that Grantor has constructed one of the public roadways
contemplated in the Agreement and that as a result the Public Access Easement is no longer
necessary.
Accordingly, and per the terms of the Agreement, Grantee hereby extinguishes the Public
Access Easement.
[Signature Page to Follow]

IN WITNESS WHEREOF, Grantee has executed this Easement Extinguishment this
day of ,2015.
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)

Exhibit E
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 AGREEMENT
This Termination of Public Access Easements Agreement ("Termination") is executed
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 Easements
Agreement, recorded in the Office of the Maricopa County Recorder on ,2015
as Document No. 2015- (the "Agreement"), which granted Grantee two public access
easements over, upon, and across certain real property situated in Maricopa County (Public
Access Easements).
Pursuant to the terms of the Agreement, Grantee has extinguished both of the Public
Access Easements (or will do so prior to the recordation of this Termination). Accordingly, and
also per the terms of the Agreement, the Parties mutually agree and do hereby terminate the
Agreement.
[Signature Pages to Follow]

nd
IN.AIT;NESS WHEREOF, the Parties have executed this Termination this • AA day
N\ k‘l , 2015.
Elliott Homes:
NSHE Brisbane, LLC, an Arizona limited liability company,
by Sunset Tartesso, LLC, an Arizona limited liability company, its Managing Member
STATE OF ARIZONA
) SS.
COUNTY OF MARICOPA )
, The foregoing instnimt vpclEpowledged before me this ,e)(1., ,,da of
, 2015, by .yet r lc/ern ,the if ) 43'
of Sunset Tartesso, LLC, an Arizona limited liability company, Managing Member of NSHE
Brisbane, LLC, an Arizona limited liability company.
‘4037:b.. AMY L. BRINSON
-Notary Public - Arizona
Maricopa County
(Seal and Expiration) 4 %-‘74:_-9 My Comm. Expires Mar 19, 2017
Agewwerweemmeirmorol e"lh
Sunset Tartesso, LLC, an Arizona limited liability company
STATE OF ARIZONA
) SS.
COUNTY OF MARICOPA )
4i) TJie foregoing instrume w4cknowledged before me this d
/V/EY , 2015, by J-ejf NI,e/'77 , the
of Sunset Tartesso, an Arizona limited liability company.
AMY L. BRINSON
Notary Public - Arizona
Maricopa County
(Seal and Expiration) My Comm. Expires Mar 19, 2017
2

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)
3