Extracted text (via pymupdf_layout)
24421 characters
When Recorded/Executed Mail to:
Maricopa County Planning and Development Department
501 North 44th Street, Suite 200
Phoenix, AZ 85008
Attention: Lynn Favour
DRAINAGE AND ACCESS EASEMENTS AND AGREEMENT
d This Drainage and Access Easements and Agreement ("Agreement") is made as of this
day of MA-1 , 2015 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").
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 development 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
preceding paragraph, the Parties agree to execute and record an Agreement Termination in the
form attached hereto as Exhibit D ("Agreement Termination").
[Signature Pages to Follow]
2
hd
of 11)4ATTESS WHEREOF, the Parties have executed this Agreement this ook day
, 2015.
ELLIOTT HOMES:
NSHE Brisbane, LLC, an Arizona limited liability company,
by Sunset Tartesso, LLC, an Arizona limited liability company, its Managing Member
4 t6
STATE OF ARIZONA
) SS.
COUNTY OF MARICOPA )
fr-d
T.he foregoing instrumt vs cknowledged before me this 'AA day of,
MIN , 2015, by kOr") , the 7S1"-, 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 Public - Arizona
Maricopa County
(Seal and Expiration) My Comm. Expires Mar 19, 2017
Sunset Tartesso, LLC, an Arizona limited liability company
STATE OF ARIZONA
) SS.
COUNTY OF MARICOPA
J
T1.e foregoing instrumest.wvi 3G-cnoryliedged before me this day of ,r
, 2015, by jL,e1U-Q1 , the 5.51: v
of Sunseffartesso, an Arizona limited liability company.
•
AMY L. BRINSON (A&viL
1 Notary Public - Arizona
4 Maricopa County
My Comm. Expires Mar 19, 2017 •
(Seal and Expiration)
3
HOA:
Granite Vista Homeowners Association,
an Arizona not for profit corporation
By:/
Its:
Date: C -)
State of Arizona
) SS.
County of Maricopa
The foregoing ins iument was acknowledged before me this day of
2015, by le p id ern , the 06 i ept- of Granite Vista
Homeowners Association, an Arizona not for profit corporation, on behalf of the corporation.
(Seal and Expiration)
AMY L. BRINSON
T. Notary Public - Arizona Notary Public (signature)
Maricopa County
My Comm. Expires Mar 19, 2017
IhmorwmernerINP•Narmirierwormurownwi
4
COUNTY:
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)
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 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: Maricopa 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, 382.61 FEET;
THENCE NORTH 89 DEGREES 54 MINUTES 30 SECONDS WEST, 198.72 FEET
THENCE NORTH 00 DEGREES 10 MINUTES 37 SECONDS EAST, 67.10 FEET TO THE EAST-WEST
MID-SECTION LINE;
THENCE CONTINUING NORTH 00 DEGREES 10 MINUTES 37 SECONDS EAST, 461.93 FEET;
THENCE NORTH 41 DEGREES 33 MINUTES 30 SECONDS EAST, 312.47 FEET;
THENCE SOUTH 89 DEGREES 36 MINUTES 44 SECONDS EAST, 284.49 FEET;
THENCE NORTH 41 DEGREES 27 MINUTES 24 SECONDS EAST, 247.47 FEET;
THENCE NORTH 01 DEGREES 12 MINUTES 12 SECONDS EAST, 484.43 FEET;
THENCE NORTH 42 DEGREES 54 MINUTES 39 SECONDS EAST, 280.53 FEET;
Project No.: 13199 Location: Maricopa County, Arizona File: Drainage Esmt Future Ph Description
Hubbard Engineering (Mesa, AZ) Page 2 of 4 aburcham@hubbardengineeringocom
THENCE NORTH 00 DEGREES 07 MINUTES 36 SECONDS EAST, 672.75 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 THE 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;
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;
Project No.: 13199 Location: Maricopa County, Arizona File: Drainage Esmt Future Ph Description
Hubbard Engineering (Mesa, AZ) Page 3 of 4 aburcham@hubbardengineeringcom
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 2,313,983 SQUARE FEET OR 53.1217 ACRES, MORE OR LESS.
Project No.: 13199 Location: Maricopa County, Arizona File: Drainage Esmt Future Ph Description
Hubbard Engineering (Mesa, AZ) Page 4 of 4 aburcham@hubbardengineering. con)
HUBBARD 1201 S. Alma Suite School 12000 pd.
ENGINEERING Ph: Mesa, 480.802.5313 AZ 85210
www.hubbardengineering.com
N. 1/4 CORNER, OLIVE AVENUE NE CORNER,
SEC. 35, T3N, R2W,N. LINE, NE 1/4, SEC. 35, UN, R2W SEC. 35, T3N, R2W_,E7
FND. BCF , 1 - 1 N89.57 '44"W 2659.57' FND. BCHH
N- L15 1 I- (o
_
L- L CI- -1
X L17
N2538'51 'W 198.07
ir)
N71'44'53"W 185.75' N r\i
RESUBDI VISION OF o cc) N
UNIT NO. 38 OF
°§13
I2PA Dc FiP,OT I ,1AfiT AN -(043)
BK. 18, PG. 38, M. C. R. \-4Vri,9:F/C)
SO*17'16"W
517.84'
53220'00"W
38.12'
1047.00'
S39*,33 '13"E ..ii, --S0'03'36"W 112.99'
49.60' (G,,J.J1/0)' _ _ _ _
BIANKET DRAINAGE 1-"----S0. 17'16'W 314.00'
EASEMENT/DRAINAGE S0'00 '02"W 52.73'
ACCESS EASEMENT FOR S2'42 '38"E 53.81'
FUTURE PHASE(S) S613'39 "E 61.57'
SF59 '11 "E 10.00'
67.10' 105.80' S7'19 '50"E 150.50'
N89`52 '17"W 2654.98' P.0.8.
1342.34' 44.70' 1009.65' ImiiI -\
'HII11"' SECTION, SEE SHEET 2
.JE"C'`. KW, R2W, E-W MID-SECTION, SEC. 10, T4N, R3W SEC. 3., 7 .,"‘, IV'4;,
FND. NOTHING BUTLER AVE FND. BCF
GRANITE VISTA 1 Project No. Date
[ BLANKET DRAINAGE EASEMENT/DRAINAGE ACCESS 13199 04/305
EASEMENT FOR FUTURE PHASE(S) Slit: 1 of 3
EXHIBIT 'A" Project Manager Project Eng.
Maricopa County, Arizona 4 ADRPIN BURCHAM
HUBBARD 1201 S. Alma Suite School 12000 Rd.
ENGINEERING Ph: Mesa, 480.892.3313 AZ 85210
IIIII 1111111
-CD k.0.3
L:113 C%1 S645 '35"W 102.08'
C:3 Crg‘ S8927'07"W 68.32'
S8509 '43'W 349.57'
11,1 S8142 '36"W 194.07'
• 1-c&r)) S7714'18"W 204.20'
_ S35'15'14''W 143.03'
I I tecs.:(2
- BLANKET DRAINAGE
1-14 t7j1 EASEMENT/DRAINAGE
ACCESS EASEMENT FOR
W MID-SECTION z FUTURE PHASE(S)
118 1.4,2 tql.)
i nc\i
1 RESUBDI VISION OF
511 0-) (r) UNIT NO. 38 OF
ROMOL4 OF ARIZONA
GRAPE FRUIT UNIT
BK. 18, PG. 38, M.C. R.
N1613'42"E 896.56'
(RADIAL BEARING)
N6846'41 'W 92.26'
\— S21'17'28"W 177.93'
i-1139'15' R=896.56', L=182.36'
S2750'50 'W 88.00'
L51— --(4--11 S33'28 '16"W 84.21'
S61' 22 127'W 178.19'
(.117/1 332.92'
2L _A L5±
V Vir 58947'56"E 2651.07'
L5 ji \\ S. 1/4 CORNER, SE CORNER,
SEC. 35, LW, R2 W, S. LINE, SE 1/4, SEC. SEC. 35, T3N, R2W,
FND. BCF 35, T3N, R2W FND. BCHH
S89'47'14"E 2650.94' NORTHERN AVE
SW CORNER,
SEC. 35, UN, R2W,
FND. BCHH
GRANITE VISTA 1 Project No. Date
[ BLANKET DRAINAGE EASEMENT/DRAINAGE ACCESS 13199 04/30/15
EASEMENT FOR FUTURE PHASE(S) Sht 2 of 3
EXHIBIT "A" Project Manager Project Eng.
Maricopa County, Arizona ADRIAN BURCHAM
HUBBARD 1201 S. Alma School Rd.
Suite 12000
ENGINEERING Ph: Mesa, 480.892.3313 AZ 85210
www.hubbardengineering.com
,
LINE TABLE LINE TABLE
LINE i BEARING LENGTH LINE i BEARING LENGTH
L1 S7103'24"W 59.95' L52 N0'12 146"E 122.80'
L2 S7812'39"W 72.25' L53 N8947'14"W 977.23'
L3 S19'58'21 "W 453.46' L54 N89'47'56"W 122.04'
L4 S2918'34"E 155.58'
L5 N90'00'00"W 76.68'
L6 N0'00 100"E 361.54'
L7 S6851 '54"E 269.27'
L8 N2135'17"E 235.46'
L9 N89'54'30"W 198.72'
L10 N4133'30"E 312.47'
L11 S89'36'44''E 284.49'
L12 N4127'24"E 247.47'
L13 N89'57 144''W 298.07'
L14 N0•18'13"E 125.22'
L15 S89'57'44''E 479.13'
L16 S018'1314/ 175.47'
L17 S8948'21"E 207.00'
L18 5011'49"W 123.00'
L19 S8948'111- 331.71'
L51 N9000 '00"E 1022.13'
GRANITE VISTA , Project No. Date
BLANKET BLANKET DRAINAGE EASEMENT/DRAINAGE ACCESS 13199 04/30/15
EASEMENT FOR FUTURE PHASE(S) Sht: 3 of 3
EXHIBIT 'V Project Manager Project Eng.
Maricopa County, Arizona ADRIAN BURCHAM
Or CAUspreVach.P11\opprlotoNJocal KREPS: oel Ame 1100.1.11t. arREPOR r97027E311-1A 103.11ER Kum. WM ex 107027-ESAIT OE OCNCOM onoolonr \tamp M. 47027AI WS.. \AcPublIsh_4176 PRESENITS wen. x97027EPI-10 AnniooLellor NERCO. VorPoPment 1,137027N-113 AS NI raAprAnoR lanewirxr Phu. 47027131.1 err Flap.dwq Of KOLIT-1.0iX SW/CC - Apr IS 1C MX. 30. ASS0.111:3. COLT 2015 FOR zacIthIll -PC St. 9,071. RE PUPPDX Innen. Weal, W.. lo FOR vlaCH IT WM ma PREPARE!. AeSOCIARS. ANSE
MASTER DRAINAGE EASEMENT
EXHIBIT B
II OLIVE AVENUE
II!
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DEVELOPMENT FUTURE ..:•%::.:%y ::::: • ::
PHASE(S) .. ..: 4 . . A . : :::•:::::::::: . **Kw:4 *4*%::•:•• :. :::: : :X•4: ::::* : • :4: •
, .: : . : : .?•!::: : . I .: •: ::::::.:: i•::::*;•.:
BL ANKET , ;A I: N A G E •
i.: ::: :: :: :1 : ; : : : :el :.: : CEsE ::i: .:.
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CITRUS
IV
+ : ,
/7! //
BLANKET DRAINAGE
BLANKET DRAINAGE EASEMENT/DRAINAGE ACCESS EASEMENT
EASEMENT EASEMENT/DRAINAGE FOR PHASE ACCESS 18 Rig FOR PHASE 1D
itt
BLANKET DRAINAGE Or
FACPAAFKIT /1-117/11NIanr arrrcc
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 ,20l5 NSHE Brisbane, LLC, an Arizona limited liability
company, ("Elliott Homes"), the HOA, and the County (collectively, the "Parties") executed a
Drainage and Access Easements and Agreement, recorded in the Office of the Maricopa County
Recorder on , 2015 as Document No. 2015- ("Agreement").
Through the 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 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 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 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 WO OF the HOA 7d the County have executed this Easement
Extinguishment this day of 4 - , 2015.
HOA:
Granite Vista Homeowners Association,
an Arizona not for profit corporation
Date: 51M Abv5
STATE OF ARIZONA
) SS.
COUNTY OF MARICOPA )
044he foregoing instru„me ,vas , acknowledged before thi,s , day of
, 2015, by je_. r Klair) the Kr6
of Granite Vista Homeowners Association, an Arizona not for profit corporation, on behalf of
the corporation.
Aorack
(Seal and Expiration)
glirdbmirardilIah
AMY L. BRINSON
Notary Public - Arizona
Maricopa County
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
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 AGREEMENT
This Termination of 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, "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 , 2015 the Parties executed a Drainage and Access Easements and
Agreement, recorded in the Office of the Maricopa County Recorder on , 2015
as Document No. 2015- ("Agreement").
Through the 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 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 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 Agreement, the
Parties mutually agree and do hereby terminate the Agreement.
[Signature Pages to Follow]
MVATNESS WHEREOF, the Parties have executed this Termination this c,w1 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
STATE OF ARIZONA
) SS.
COUNTY OF MARICOPA )
The foregoing instrument se.p,cnmledged before me this „__ iday
, 2015, by -e ,the R%-t, r -
of Sunset Tartesso, LLC, an Arizona limited liability company, Managing Member of NSHE
Brisbane, LLC, an Arizona limited liability company.
ANL
AMY L. BRINSON
Notary Public - Arizona
Maricopa County
(Seal and Expiration) My Comm. Expires Mar 19, 2017
w•----mr---w-w--I-I••I •••Iupp,11 Ncitdiry Public (signature)
Sunset Tartesso, LLC, an Arizona limited liability company
By;
Its: 551 It 19.
Date: bic
STATE OF ARIZONA
) SS.
COUNTY OF MARICOPA )
he foregoing instrumejackppwledged before me this
, 2015, by , the n 6
of Sunset Tartesso, an Arizona limited liability company.
• -11•11-
AMY L. BRINSON
Notary Public - Arizona
Maricopa County Noraf-y Public (signature)
(Seal and Expiration) My Comm. Expires Mar 19. 2017
~"OPPWW"111"1.rw'''''
2
HOA:
Granite Vista Homeowners Association,
an Arizona not for profit corporation
By:/
Its:
Date: c A 19- P5
STATE OF ARIZONA
) SS.
COUNTY OF MARICOPA )
The foregoing instrun,t 1 vascknowledged before ,ne this, day of
, 2015, by , the feSici,ee
of Granite Vista Homeowners Association, an Arizona not for profit corporation, on behalf of the
corporation.
An.
AMY L. BRINSON
Notary Public - Arizona
Maricopa County
My Comm. Expires Mar 19, 2017 NotaityPublic (Signature)
(Seal and Expiration)
3
County:
Maricopa County
By:
Its:
Date:
STATE OF ARIZONA )
) S S.
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)
4