FCD_MEMO FOR 1.29.2025 MEETING.PDF

Real Estate Department 
2801 W Durango St 
Phoenix, Arizona 85009 
Please return signed documents to
Zoe Peru, Real Estate Department. If you have any
questions, please contact me at 602-506-4282 or 
via email at Zoe.Peru@maricopa.gov.
 
 
 
 
 
 
 
 
 
 
 
DATE:  
January 06, 2025 
 
TO: 
 
Clerk of the Board  
 
FROM: 
Jennifer Rodriguez, Right of Way Supervisor 
 
Steven Warburton, Property Management Supervisor 
 
SUBJECT:  
Transmittal of Right-of-Way Documents for the January 29, 2025, Meeting 
 
On behalf of the Flood Control District of Maricopa County (District), documents granting right of way to or from the 
District for approval by the District's Board of Directors. 
 
APPROVAL OF DOCUMENTS FOR FLOOD CONTROL PURPOSES 
 
 
A. Indian Bend Wash Outlet-MH 
Item #N-2608 and N-2609: - Project #: 111.02.12 – Permit #: FRU2400277 - Grantor/Grantee: Flood Control 
District of Maricopa County/City of Tempe  
        
 
A1. Non-Exclusive Utility Easement  
 
Supervisory District 2 
 
 
B. Reems Road Channel and Basin-MH  
Item #A022-001 and A022-001A - Project #: 470.12.12 – Permit #:FRU2400168 (2022P241) - Grantor/Grantee: 
Flood Control District of Maricopa County/VIP Industrial Holdings Phase 2, LLC 
        
 
B1. Non-Exclusive Roadway Easement  
   
Supervisory District 4 
 
 
C. Skunk Creek Channel at ACDC Reach 1 and Arizona Canal Diversion Channel Reach 1-MH  
Item #K-006A-FL, K-006B-FL, K-006D-FL, K-006-FL, K-009A-FL1, K-010-CH, K-011, T-009, T-009-1, T-012, T-013, T-
015, T-015-A, T-016-A, T-017, T-018, and T-019 - Project #: 400.03.12 – Permit #:FRU2400350 – 
Grantor/Grantee: Flood Control District of Maricopa County/Salt River Project Agricultural Improvement and 
Power District 
  
C1. Aerial Easement  
 
   
Supervisory District 4

When recorded, return to: 
Flood Control District of Maricopa County 
2801 West Durango Street 
Phoenix, AZ 85009 (MDH) 
EXEMPT ARS § 11-1134, A2 
FCD 1999R0 16 
NON-EXCLUSIVE UTILITY EASEMENT 
FCD Project: Indian Bend Wash Outlet 
FCD Parcel Nos.: N-2608 and N-2609 
APNs: 132-14-004A and 132-14-002E ptn. 
FCD Permit No.: FRU2400277 
This Non-Exclusive Utility Easement is entered into by and between the following parties 
GRANTOR: 
GRANTEE: 
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a political 
subdivision of the State of Arizona 
CITY OF TEMPE, an Arizona municipal corporation and/or its successors 
and assigns 
In accordance with GRANTOR'S Board of Directors Resolutions 2018R013 dated October 
24, 2018 and 88-5 dated January 16, 1989, for good and valuable consideration, the receipt and 
sufficiency of which are hereby acknowledged, GRANTOR does hereby grant and convey to 
GRANTEE a non-exclusive utility easement in, upon, over, under, across, through and along a 
portion of the premises set fo1ih in instrument numbers 19770327098, recorded November 08, 1977 
and 19750165445, recorded July 22, 1975 in the official records of Maricopa County ("Burdened 
Property"). The granted easement, described on the attached Exhibit "A" ("Easement"), is for the 
purpose of constructing, operating, repairing, and maintaining a waterline on Flood Control District 
(FCD) property, and appurtenances thereto (collectively, the "Facility"), in accordance with FCD 
Right-of-Way Use Permit No. FRU2400277 ("FCD Permit"). 
Said Easement is SUBJECT TO all governmental restrictions which include, but are not 
limited to, environmental, archaeological, and cultural resource regulations, and all land use 
regulations, covenants, conditions, restrictions, easements, rights-of-way, and other matters of 
record, or not ofrecord, that could be disclosed by a visual inspection or accurate survey of the real 
property. 
Page 1 of 10 
111.02.12 N-2608 OG-UE 
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This Easement is, at all times, subject to and subordinate to the rights of GRANTOR to 
have unrestricted access to and use of the Easement for the purpose of operation and maintenance 
of the flood control project known as the Indian Bend Wash Outlet (Project). GRANTOR shall 
endeavor to use its best efforts to operate and maintain the Project in a manner which will not 
unreasonably interfere with the GRANTEE'S rights granted by this Easement. GRANTEE 
assumes all risk of damage to its Facility resulting from the Burdened Property functioning as a 
flood control project. 
In the event any use or activity conducted pursuant to the rights granted in this easement by 
the GRANTEE interferes with GRANTOR'S use of the Burdened Property or the Burdened 
Prope1iy is needed to construct, maintain, or relocate any portion of GRANTOR'S Project 
(collectively "Interference"), GRANTEE shall, at GRANTOR'S request and GRANTEE'S sole 
expense, eliminate the Interference upon notice from the GRANTOR. If elimination of 
Interference, including but not limited to the relocation of the Facility, or any part thereof, requires 
a right of way use permit, actual construction shall begin within thiliy (30) days following 
GRANTOR'S issuance of a right-of-way use permit. Upon mutual agreement, the time frame 
for the start and completion of said work may be extended based on the requirements of 
GRANTOR. If GRANTEE'S effo1i to eliminate Interference delays construction by 
GRANTOR, and causes GRANTOR to be liable for damages, GRANTEE shall reimburse 
GRANTOR for those damages attributable to the delay created by GRANTEE within thiliy (30) 
days after GRANTEE'S receipt of the GRANTOR'S invoice for said delay. 
The GRANTEE shall, at its sole cost and expense, maintain the Easement, and 
GRANTEE'S Facility located within the Easement, in a state of good repair and in a safe condition, 
including without limitation the removal of trash and debris from the Easement. The rights granted 
to GRANTEE herein include the right to cut back, trim and remove vegetation now growing, or 
that may hereafter grow, within the Easement, or that may extend over the Easement, so as to protect 
the same from interfering with the maintenance and operation of GRANTEE'S Facility. 
After the installation of GRANTEE'S Facility in accordance with said FCD Permit, any 
installation or modification whatsoever to the Easement, the Facility, or any appurtenance of 
GRANTEE located therein, that is not in compliance with said FCD Pe1mit, will require 
GRANTEE to apply for and obtain a new right-of-way use permit from GRANTOR. GRANTOR 
Page 2 oflO 
111.02.12 N-2608 OG-UE 
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will process any such application in accordance with GRANTOR'S right-of-way use permit 
approval process. 
GRANTEE shall indemnify GRANTOR for any and all damages and costs, including 
without limitation, reasonable attorney's fees, court costs, and all other expenses relating to the 
defense of claims or litigation, caused by, or arising from the exercise of GRANTEE'S rights 
pursuant to the terms of this Easement. 
In the event GRANTEE fails to install the Facility within the Easement, or in the event 
GRANTEE removes the Facility, or in the event the Facility ceases to function, or in the event of 
any other event giving evidence to GRANTOR that the GRANTEE has abandoned the use of this 
Easement, then and in such event, GRANTOR shall notify GRANTEE, in writing, that 
GRANTOR considers that the Easement has been abandoned. In such event, GRANTEE shall 
provide confirmation to GRANTOR that the Easement has been abandoned, or in the event 
GRANTEE shall fail to reply that there has been no intent to abandon the Easement within thi1iy 
(30) days of receipt of the aforesaid notice from the GRANTOR, this Easement shall be deemed 
to be abandoned and GRANTOR shall be permitted to record a termination of this Easement in the 
public records of Maricopa County. Unless and until such termination is recorded by GRANTOR, 
this Easement shall remain in full force and effect. 
The rights and privileges granted in this Easement are solely for GRANTEE to use the 
Easement for the purpose stated herein, and do not include the right to permit and/or grant any other 
use of the Easement to another party. 
This Easement shall run with the land and is binding on all paiiies. 
Page 3 oflO 
111.02.12 N-2608 OG-UE 
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RECOMMENDED FOR APPROVAL: 
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY 
11/19/2024 
Paul Baughman, P.E., CFM 
Date 
Chief Engineer and General Manager 
MARI COP A COUNTY REAL ESTATE DEPARTMENT 
~: 
..... ...,:: .... :: ..... CC-------11-/_1_9_/_20_2_4_ 
Alex Smith 
Date 
Director 
APPROVED AS TO FORM and within the powers and authority granted under the laws of the 
State of Arizona. 
11/19/2024 
Wayne Peck 
Date 
District General Counsel 
Page 4 oflO 
111.02.12 N-2608 OG-UE 
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APPROVED 
GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY 
Chairman of the Board 
Date 
Printed Name: ____________ _ 
ATTEST 
Clerk of the Board 
Date 
Printed Name: -------------
STATE OF ARIZONA 
) 
)ss 
COUNTY OF MARICOPA ) 
Before me, ______________ , Notary Public in and for said County, State 
of Arizona, on this day personally appeared 
, known to me 
to be the person whose name is subscribed to the forgoing instrument as Chairman of the Board of 
Directors for the Flood Control District of Maricopa County. 
Given under my hand and seal of the office this ____ day of. ________ 20 __ . 
Notary Public (signature) 
Page 5 oflO 
111.02.12_N-2608_ OG-UE

GRANTEE ACCEPTANCE AND APPROVAL: 
CITY OF TEMPE, an Arizona municipal corporation and/or its successors and assigns 
Mark A. Weber, P.E. 
City Engineer 
STATE OF ARIZONA 
) 
)ss 
COUNTY OF MARICOPA ) 
The foregoing instrument was acknowledged before me this r3-l\... day of lvc~.c: 
20 2-L( , by Mark A. Weber, P.E., City Engineer for the City of Tempe, an Arizona municipal 
corporation for and on behalf thereof. 
My Commission Expires ____ _ 
JESSICA PINON 
Notary ?ublk: • Arizona 
MARICOPA COUNTY 
commission# 612448 
§Xplres Aug11st J~, 2026 
Notary Stamp Seal 
Page 6 oflO 
l l l .02.12_N-2608_ OG-UE

Exhibit "A" - Easement 
Attached to Non-exclusive Utility Easement 
PUBLIC UTILITY EASEMENT DESCRIPTION 
A PORTION OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DOCKET 11254, PAGE 345, 
MARICOPA COUNTY RECORDS, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 11, 
TOWNSHIP 1 NORTH, RANGE 4 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, 
ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: 
COMMENCING AT A CITY OF TEMPE BRASS CAP FLUSH MARKING THE INTERSECTION BETWEEN 
CURRY ROAD AND MILLER ROAD, FROM WHICH A CITY OF TEMPE BRASS CAP FLUSH MARKING 
THE INTERSECTION BETWEEN CURRY ROAD AND STADEM DRIVE BEARS NORTH 89'52'14" EAST, A 
DISTANCE OF 1280.35 FEET; 
THENCE NORTH 89'52'14" EAST, ALONG THE CENTER LINE OF CURRY ROAD, A DISTANCE OF 
916. 71 FEET; 
THENCE NORTH 0'07'46" WEST, A DISTANCE OF 30.00 FEET TO THE NORTH RIGHT-OF-WAY LINE 
OF CURRY ROAD, ALSO BEING THE POINT OF BEGINNING; 
THENCE NORTH 0'07'46" WEST, A DISTANCE OF 14.43 FEET TO A POINT ON THE SOUTH 
EASEMENT LINE OF A 30 FEET WIDE WATER LINE EASEMENT AS SHOWN IN DOCUMENT NUMBER 
j 2016-0916235, MARICOPA COUNTY RECORDS; 
J 
i 
THENCE SOUTH 64'30'41" EAST, ALONG SAID SOUTH EASEMENT LINE, A DISTANCE OF 33.37 FEET 
TO A POINT ON SAID NORTH RIGHT-OF-WAY LINE; 
8 
THENCE SOUTH 89'52'14'' WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 
~ 
30.09 FEET TO THE POINT OF BEGINNING. 
~ 
~ 
CONTAINS 217 SQUARE FEET OR 0.0050 ACRES OF LAND, MORE OR LESS. 
{ 
] 
SEE ATTACHED EXHIBIT "A" BY REFERENCE MADE A PART HERETO. 
SUNRISE 
ENGINEERING 
2045 SOUTH VINEYARD, SUITE 101 
~~~a~.~i~~:0~
5210 
SHEET 1 OF 2 
'----------------------www.sunme-eng.com 
Page 7 of 10 
111.02.12 N-2608 OG-UE 
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~ 
Exhibit "A" - continued 
Attached to Non-exclusive Utility Easement 
EXHIBIT "A" 
FLOOD CONTROL DISTRICT OF 
MARICOPA COUNTY 
DOCKET 11254, PAGE 345, MCR 
--, 
-
30' R/W 
POB 
PUBLIC 
UTILITY 
EASEMENT 
t.~ 
L3 
?:I CURRY ROAD 
,:st-. 
8· 
~-71'_ 
~I 
363.64' 
POC 
N89'52'14"E 1280.35' 
FOUND CITY OF TEMPE 
BRASS CAP FLUSH 
CURRY ROAD AND 
MILLER ROAD INTERSECTION 
DOC. NO. 
E 
MCR 
N 
POB 
POC 
R 
s 
T w 
ABBREVIATIONS 
DOCUMENT NUMBER 
EAST 
MARICOPA COUNTY RECORDS 
NORTH 
POINT OF BEGINNING 
POINT OF COMMENCEMENT 
RANGE 
SOUTH 
TOWNSHIP 
WEST 
LEGEND 
~ 
FOUND MONUMENT, AS NOTED 
SUBJECT EASEMENT 
- - - - - -
OTHER EASEMENT LINE 
-
-
RIGHT-OF-WAY LINE 
CENTER LINE 
-
• • -
• • -
SURVEY TIE LINE 
FOUND CITY OF TEMPE 
BRASS CAP FLUSH 
CURRY ROAD AND 
ST ADEM DRIVE INTERSECTION 
LINE TABLE 
LINE # 
DIRECTION 
LENGTH 
L1 
N0'07'46"W 
14.43' 
L2 
S64'30'41"E 
33.37' 
L3 
S89'52'14"W 
30,09' 
NOT TO SCALE 
SUNRISE 
ENGINEERING 
2045 SOUTH VINEYARD, SUITE 101 
SHEET 2 OF 2 
TEL 480,768.8600 
1.------------------------ WWW.811117'Ue-eng.com 
Page 8 oflO 
111.02.12_N-2608_OG-UE

Exhibit "A" - continued 
Attached to Non-exclusive Utility Easement 
PUBLIC UTILITY EASEMENT DESCRIPTION 
A PORTION OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DOCKET 12533, PAGE 737, 
MARICOPA COUNTY RECORDS, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 11, 
TOWNSHIP 1 NORTH, RANGE 4 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, 
ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: 
COMMENCING AT A CITY OF TEMPE BRASS CAP FLUSH MARKING THE INTERSECTION BETWEEN 
CURRY ROAD AND MILLER ROAD, FROM WHICH A CITY OF TEMPE BRASS CAP FLUSH MARKING 
THE INTERSECTION BETWEEN CURRY ROAD AND STADEM DRIVE BEARS NORTH 89'52'14" EAST, A 
DISTANCE OF 1280.35 FEET; 
THENCE NORTH 89'52'14" EAST, ALONG THE CENTER LINE OF CURRY ROAD, A DISTANCE OF 
619.43 FEET; 
THENCE NORTH 0'07'46" WEST, A DISTANCE OF 30.00 FEET TO THE NORTH RIGHT-OF-WAY LINE 
OF CURRY ROAD, ALSO BEING THE POINT OF BEGINNING; 
THENCE NORTH 0'07'46" WEST, A DISTANCE OF 23.00 FEET; 
~ 
THENCE NORTH 89'52
114" EAST, A DISTANCE OF 21.20 FEET TO A POINT ON THE WEST PARCEL 
8.a: 
LINE OF THAT PARCEL DESCRIBED IN DOCKET 11254, PAGE 345, MARICOPA COUNTY RECORDS; 
THENCE SOUTH 0'21'23
11 WEST, ALONG SAID PARCEL LINE, A DISTANCE OF 23.00 FEET TO A 
~ 
POINT ON SAID NORTH RIGHT-OF-WAY LINE; 
a 
iii 
THENCE SOUTH 89'52'14" WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 
~ 
21.00 FEET TO THE POINT OF BEGINNING. 
Jj ! 
CONTAINS 485 SQUARE FEET OR 0.0111 ACRES OF LAND, MORE OR LESS. 
] 
~ 
SEE ATTACHED EXHIBIT "A" BY REFERENCE MADE A PART HERETO. 
"' 
SUNRISE 
ENGINEERING 
2045 SOUTH VINEYARD, SUITE 101 
~~:a~'.;1;~~:-0!
5210 
SHEET 1 OF 2 
-----------------------www.SU1trl.re-enJ!.COm 
Page 9 oflO 
111.02.12 N-2608 OG-UE 
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Exhibit "A" - continued 
Attached to Non-exclusive Utility Easement 
EXHIBIT "A" 
FLOOD CONTROL DISTRICT OF 
MARICOPA COUNTY 
DOCKET 12533, PAGE 737, MCR 
PUBLIC 
UllLITY 
EASEMENT 
L2 
:::i 
'.:3 
POB 
L4 
FLOOD CONTROL DISTRICT OF 
MARICOPA COUNTY 
DOCKET 11254, PAGE 345, MCR 
_T __ _ 
30' R/W 
~I CURRY ROAD 
,:st-. 
8· 
660.92' 
6_19_.4_3'___ ~J_ -----
POC 
N89'52'14"E 1280.35' 
FOUND CITY OF TEMPE 
BRASS CAP FLUSH 
CURRY ROAD AND 
MILLER ROAD INTERSECllON 
DOC. NO. 
E 
MCR 
N 
POB 
POC 
R s 
T w 
ABBREVIA llONS 
DOCUMENT NUMBER 
EAST 
MARICOPA COUNTY RECORDS 
NORTH 
POINT OF BEGINNING 
POINT OF COMMENCEMENT 
RANGE 
SOUTH 
TOWNSHIP 
WEST 
LEGEND 
FOUND MONUMENT, AS NOTED 
SUBJECT EASEMENT 
PARCEL LINE 
RIGHT-OF-WAY LINE 
CENTER LINE 
-
• • -
• • -
SURVEY TIE LINE 
FOUND CITY OF TEMPE 
BRASS CAP FLUSH 
CURRY ROAD AND 
ST ADEM DRIVE INTERSECTION 
LINE TABLE 
LINE It 
DIRECllON 
LENGTH 
L1 
N0'07'46"W 
23.00' 
L2 
N89'52'14"E 
21.20' 
L3 
S0'21'23"W 
23.00' 
L4 
S89'52'14"W 
21.00' 
NOT TO SCALE 
SUNRISE 
ENGINEERING 
2045 SOUTH VINEYARD, SUITE 101 
~~:a~~;~::0~
5210 
SHEET 2 OF 2 
,__ _____________________ 
WWW,8U/lme-eng.cam 
Page 10 oflO 
111.02.12 N-2608 OG-UE 
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When recorded, return to: 
Flood Control District of Maricopa County 
2801 West Durango Street 
Phoenix, AZ 85009 (MDH) 
EXEMPT ARS § 11-1134, A2 
FCD 1999R016 
NON-EXCLUSIVE ROADWAY EASEMENT 
FCD Project: Reems Road Channel and Basin 
FCD Parcel No.: A022-001 and A022-001A 
APN: 501-41-00SF and 501-41-00SE 
FCD Permit No.: FRU2400168 (2022P241) 
This non-exclusive roadway easement ("Easement") is entered into by and between the following 
paiiies and becomes effective ("Effective Date") as of the date of recordation with the Maricopa 
County Recorder. 
GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a 
political subdivision of the State of Arizona 
GRANTEE: VIP INDUSTRIAL HOLDINGS PHASE 2, LLC, a Delaware limited 
liability company and/or its successors and assigns 
In accordance with GRANTOR'S Board of Director Resolution 2018R013, for and in 
consideration of the sum of FIFTY-SIX THOUSAND ONE HUNDRED FORTY DOLLARS 
($56,140.00), and other valuable consideration, the receipt and sufficiency of which are hereby 
acknowledged, GRANTOR does hereby grant and convey to GRANTEE a non-exclusive roadway 
easement over portions of premises described in the attached Exhibit "A" ("Burdened Property"). 
The granted easement, legally described and depicted on the attached Exhibit "B" ("Easement"), is 
for the purpose of constrncting, operating, repairing and maintaining a roadway, box culve1i, and 
appulienances thereto, (collectively, the "Facility"), in accordance with FCD Right-of-Way Use 
Permit No. FRU2400168 (2022P241) ("FCD Pe1mit"). The Facility is intended to benefit the 
propeliy legally described and depicted in Exhibit "C" ("Benefited Prope1iy"). In no event shall 
the Benefited Propeliy be split, subdivided, have recorded against it a horizontal propeliy regime, 
sold in pali or in any way diminished from the size as it exists on the date hereof, unless and until the 
GRANT OR shall have approved a fully executed maintenance agreement binding all of the prope1iy 
within the Benefited Property. GRANTEE shall submit any such maintenance agreement to the 
Director of Real Estate for Maricopa County (the "Director") for approval. The Director shall have thiliy

(30) days to review said maintenance agreement and approve, deny or provide comments to said 
agreement and provide a resubmittal and approval timeline for final approval. The Grantee and the 
Director shall use best efforts to create a maintenance agreement that the Director is able to approve 
within ninety (90) days. Prior to the recording of any horizontal property regime, any split, subdivision 
or diminution of the size of the benefited property, an approved maintenance agreement shall be recorded 
in the office of the Maricopa County Recorder as an encumbrance against all of the Benefitted Property. 
Any violation of this Easement shall void the grant created herein and GRANTEE shall record in 
the office of the Maricopa County Recorder a revocation of this Easement. 
Said Easement is subject to all governmental restrictions which include, but are not limited 
to, environmental, archaeological, and cultural resource regulations, and all land use regulations, 
covenants, conditions, restrictions, easements, rights-of-way, and other matters of record, or not of 
record, that could be disclosed by a visual inspection or accurate survey of the real property. Without 
limitation, this Easement is also subject to all regulations related to its permitted use. 
This Easement is, at all times, subject to and subordinate to the rights of GRANTOR to have 
umestricted access to the Burdened Property for the purpose of constmction, use, operation and 
maintenance of GRANTOR'S flood control project known as the Reems Road Channel and Basin 
("Project"). GRANTOR shall endeavor to use its best efforts to operate and maintain the Project in 
a manner which will not unreasonably interfere with the GRANTEE'S rights granted by this 
Easement. GRANTEE assumes all risk of damage to its Facility resulting from the Burdened 
Property functioning as a flood control project. 
In the event the use of the Facility interferes with GRANTOR'S use of the Burdened 
Property, or the land within the Easement is needed to constmct, maintain, or relocate any portion of 
GRANTOR'S Project due to the needs of the GRANTOR, GRANTEE shall at GRANTOR'S 
request and GRANTEE'S sole expense, eliminate the interference or conflict, including restiicting 
use of the Facility if needed. 
The GRANTEE shall, at its sole cost and expense, maintain the Easement, in a safe 
condition and in such a state of repair that shall not, in any manner whatsoever, interfere with the 
operation of the GRANTOR'S Project. GRANTEE shall, at its sole cost and expense, repair any 
damage to the culvert, including but not limited to the box, wing walls and fall hazard pipe railing, 
Page 2 of 14 
470.12.12 _A022-001_ OG-RE

caused or contributed by the use of the of Facility. The rights granted to GRANTEE herein include 
the right to cut back, trim and remove vegetation now growing, or that may hereafter grow, on the 
Burdened Property, or that may extend over the Burdened Property, so as to protect the same from 
interfering with the maintenance and operation of GRANTEE'S Facility. If GRANTOR incurs 
costs to maintain, repair, and/or remove GRANTEE'S Facility, GRANTEE shall reimburse the 
GRANT OR for all costs incurred within thirty (30) days after its receipt of the GRANTOR'S invoice 
for said costs. 
After the installation of GRANTEE'S Facility in accordance with said FCD Permit, any 
proposed modification whatsoever to the Easement that is not in compliance with said FCD Permit, 
will require GRANTEE to apply for and obtain a new right-of-way use permit from GRANTOR. 
GRANTOR will process any such application in accordance with GRANTOR'S right-of-way use 
permit approval process. 
GRANTEE shall indemnify GRANTOR for any and all damages and costs of any nature 
whatsoever, including without limitation, reasonable attorney's fees, court costs, and all other 
expenses relating to the defense of claims or litigation, caused by or arising from the exercise of 
GRANTEE'S rights pursuant to the te1ms of this Easement. 
GRANTEE shall use good faith efforts to substantially complete the Facility within five 
(5) years from the Effective Date. In the event the Facility is not substantially complete within five 
(5) years, but GRANTEE has been issued a pe1mit to construct by FCD and is actively constructing 
the facility or will commence construction of the Facility withing ninety (90) days of permit 
issuance, GRANTOR shall allow GRANTEE additional time needed to perform. Unreasonable 
delay by GRANTEE to substantially complete the Facility in accordance with this Easement within 
five ( 5) years of the Effective Date shall constitute a forfeiture under this Easement and, after ninety 
(90) days to GRANTEE, GRANTOR shall be pe1mitted to record a revocation of this Easement-:-
In the event GRANTEE removes the Facility, or in the event the Facility ceases to function 
for a period of six ( 6) consecutive months, or in the event of any other event giving evidence to 
GRANTOR that the GRANTEE has abandoned the use of this Easement, then and in such event, 
GRANTOR shall notify GRANTEE, in writing, that GRANTOR considers that the Easement has 
been abandoned. In such event, GRANTEE shall provide confamation to GRANTOR that the 
Page 3 of 14 
470.12.12 A022-001 OG-RE 
-
-

Easement has been abandoned, or in the event GRANTEE shall fail to reply that there has been no 
intent to abandon the Easement within ninety (90) days of receipt of the aforesaid notice from the 
GRANTOR, this Easement shall be deemed to be abandoned and GRANTOR shall be permitted 
to record a termination of this Easement in the public records of Maricopa County. Unless and until 
such termination is recorded by GRANTOR, this Easement shall remain in full force and effect. 
The rights and privileges granted in this Easement are solely for the benefit of Benefited 
Property so long as Benefited Property remains in single ownership and the size and configuration of 
the Benefited Property remain as it is on the date hereof, unless the Director shall approve another 
condition as outlined herein, to use portions of the Burdened Property for a Facility and for no other 
purpose, and do not include the right to permit and/ or grant any use of the Easement to another party. 
Nothing contained herein shall limit the right of invitees of GRANTEE from gaining access 
to the Benefited Property via the Facility, subject to all terms hereof. 
This Easement shall run with the land and is binding on all parties 
THE REMAINDER OF THIS PA GE INTENTIONALLY LEFT BLANK. 
Page 4 of 14 
470.12.12 A022-001 OG-RE 
-
-

RECOMMENDED FOR APPROVAL: 
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY 
[,'""'""''"" 
~:5~=5488... 
12/6/2024 
Paul Baughman, P.E., CFM 
Date 
Chief Engineer and General Manager 
MARICOPA COUNTY REAL ESTATE DEPARTMENT 
Alex Smith 
Director 
12/5/2024 
Date 
APPROVED AS TO FORM and within the powers and authority granted under the laws of the 
State of Arizona. 
~;;1~ 
12/5/2024 
Wayne Peck 
Date 
District General Counsel 
Page 5 of 14 
470.12.12 A022-001 OG-RE 
-
-

APPROVED: 
GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY 
Chairman of the Board 
Date 
Printed Name: 
ATTEST 
Clerk of the Board 
Date 
Printed Name: -------------
STATE OF ARIZONA 
) 
)ss 
COUNTY OF MARICOPA ) 
Before me, _____________ _, Notary Public in and for said County, State of 
Arizona, on this day personally appeared 
known to me to 
be the person whose name is subscribed to the forgoing instrnment as Chairman of the Board of 
Directors for the Flood Control District of Maricopa County. 
Given under my hand and seal of the office this __ day of __________ 20 __ . 
Notary Public (signature) 
Page 6 of 14 
470.12.12 A022-001 OG-RE 
-
-

ACCEPTANCE: 
GRANTEE: VIP INDUSTRIAL HOLDINGS Phase 2, LLC, a Delaware limited liability company 
By: VIP Industrial Investors, LLC, a Delaware limited liability company 
Its: Sole Member 
By: VIP Indicap, LLC, A Delaware limited liability company 
Its: Manager 
[tSlgnedby: 
By: ~
~L,f::e~~sk~ 
12/5/2024 
Todd Ostransky, Manager 
STA TE OF 
Arizona 
) 
=-=.c===-------
) s s 
COUNTY OF Maricopa County 
) 
The foregoing instrnment was acknowledged before me, Mona Hernandez, a Notary Public for said 
County and State this 05th day of December 2024, by Todd Ostransky, Manager, of VIP Industrial 
Holdings, LLC, a Delaware limited liability company, on behalf of the company. 
My Commission Expires January 09, 2027 
MONA HERNANDEZ 
Notary Public 
State of Arizona 
Maricopa County 
Commission #641366 
My Comm. Expires Jan. 9, 2027 
Notary Stamp Seal 
[ """'""" "" 
k~ 
2El50052C225B405 ... 
Notary Public (signature) 
The notary public certifies that appropriate authorization has been issued by the Arizona 
Secretary of State to allow electronic notarizations or remote online notarization pursuant to 
A.R.S. § 41-276. This remote notarial act involved the use of communication technology. 
Page 7 of 14 
470.12.12 A022-001 OG-RE 
-
-

Exhibit "A" -Burdened Property 
The property described in the Final Order of Condemnation recorded on April 12, 2007, as 
Instrument Number 2007-0429082 in the Official Records of Maricopa County. 
Page 8 of 14 
470.12.12 A022-001 OG-RE 
-
-

Exhibit "B" - Easement Area 
VIRGIN INDUSTRIAL PARK 
PHASE 2 FCD EASEMENT 
LEGAL DESCRIPTION 
A portion of land being situated within Document No. 2007-0429082, Records of 
Maricopa County, Arizona, lying within the Southeast Quarter of Section 30, 
Township 3 North, Range 1 West of the Gila and Salt River Meridian, Maricopa 
County, Arizona, being more particularly described as follows: 
COMMENCING at the Southeast Corner of said Section 30, marked by a found 3" 
Maricopa County Highway Department brass cap in hand hole, from which the 
East Quarter Corner, marked by a found 3" Maricopa County Highway Department 
brass cap in hand hole, thereof bears North 00°00'09" West, 2635.33 feet; 
THENCE North 00°00'09" West, 739.47 feet on the easterly boundary of said 
Southeast Quarter; 
THENCE leaving said easterly boundary, South 89°59'51" West, 65.00 feet to the 
POINT OF BEGINNING; 
Thence South 89°59'51" West, 18.52 feet; 
Thence South 44°59'51" West, 6.36 feet; 
Thence South 89°59'51" West, 28.97 feet; 
Thence North 45°00'09" West, 6 .. 36 feet; 
Thence South 89°59'51" West, 28.17 feet; 
Thence South 00°00'09" East, 0.47 feet; 
Thence South 42°33'02" East, 50.35 feet; 
Thence South 06°34'43" West, 18.64 feet; 
Thence North 86°37'32" West, 56.27 feet; 
Thence North 08°48'10" East, 7.07 feet; 
Thence North 00°00'00" East, 5.78 feet; 
Thence North 90°00'00" West, 29.22 feet; 
Thence South 89°59'51" West, 23.01 feet; 
Page 9 of 14 
470.12.12 A022-001 OG-RE 
-
-

Exhibit "B" - Easement Area continued 
Thence South 55°40'19" West, 3.18 feet; 
Thence North 34°19'41" West, 4.92 feet; 
Thence North 55°40'19" East, 56.75 feet; 
Thence North 03°52'58" East, 5.75 feet; 
Thence South 89°59'51" West, 44.54 feet; 
Thence South 44°59'51" West, 6.36 feet; 
Thence South 89°59'51" West, 2.49 feet; 
Thence South 89°59'51" West, 26.49 feet; 
Thence North 45°00'09" West, 5.33 feet to the westerly boundary of said 
Document No. 2007-0429082; 
Thence along said westerly boundary, North 00°00'10" West, 59.23 feet; 
Thence leaving said westerly line, South 90°00'00" East, 4.60 feet; 
Thence North 89°59'51" East, 27 .31 feet; 
Thence North 90°00'00" East, 8.44 feet; 
Thence North 00°00'00" East, 30.86 feet; 
Thence North 38°34'19" East, 3.51 feet; 
Thence South 54°33'01" East, 4.48 feet; 
Thence North 89°59'51" East, 98.81 feet; 
Thence North 49°35'47" East, 6.13 feet; 
Thence North 83°08'03" West, 22.50 feet; 
Thence North 83°08'03" West, 13.00 feet; 
Thence North 06°51 '57'' East, 11.00 feet; 
Thence South 83°08'03" East, 49.67 feet; 
Thence South 03°48'17" West, 18.09 feet; 
Page 10 of 14 
470.12.12 A022-001 OG-RE 
-
-

Exhibit "B" - Easement Area continued 
Thence South 49°35'47
11 West, 53.70 feet; 
Thence South 64°25'04" West, 0.81 feet; 
Thence North 89°59'51" East, 36.45 feet; 
Thence North 00°00'09" West, 3.83 feet; 
Thence North 44°59'51" East, 7.31 feet; 
Thence North 89°59'54" East, 36.13 feet to a line parallel with and 65.00 feet west 
of the east line of said Southeast quarter; 
Thence along said parallel line, South 00°00'09" East, 58.50 feet to the POINT OF 
BEGINNING. 
The above described parcel contains a computed area of 19,492 sq. ft. (0.45 
acres) more or less and being subject to any easements, restrictions, rights-of-way 
of record or otherwise. 
The description shown hereon is not to be used to violate any subdivision 
regulation of the state, county and/or municipality or any land division restrictions. 
Prepared by: HILGARTWILSON, LLC 
2141 E. Highland Avenue, Suite 250 
Phoenix, AZ 85016 
Project No. 237 4 
Date: July 2024 
Page 11 of14 
. 11 
tres 6/30 
470.12.12 A022-001 OG-RE 
-
-

Exhibit "B" - Easement Area continued 
DOC. NO. 
2007-0429082, 
M.C.R. 
EAST QUARTER CORNER 
SECTION 30, T3N, R1W 
FOUND 3" MARICOPA COUNTY 
HIGHWAY DEPARTMENT BRASS 
CAP IN HAND HOLE, DOWN 0.5' 
I 
L29 
L28 
L26 
L25 
L24 
L34 
L41 
L42 
FCD ESMT 
19,492 SQ FT 
0.45 ACRES 
L40 
<.D 
• 
co n 
I.[) 
~ 
01 
LO 
~~c 
N <( 
L22 
L21 
L20 L 19 
L15 
L14 
L13 
SOUTH QUARTER CORNER 
SECTION 30, T3N, R1 W 
L18 
FOUND 2" MARICOPA COUNTY 
ALUMINUM CAP FLUSH, 
STAMPED T3N R1W 1/4 
S30 S31 RLS 36563 2003 
N89'02'25"W 2635. 71' 
OLIVE A VENUE 
L 1 
S89'59'51"w ~ 0 
-~-----
01 a: 
--"'I 
65.00' 
{; 
'i---
0 
(J) 
-tj-o::E 
DOC. NO. 
2007-0429082, 
M.C.R. 
01 ~ w 
POINT OF r 
W 
BEGINNING 
a: 
SOUTHEAST CORNER 
SECTION 30, T3N, R1 W 
FOUND 3" MARICOPA COUNTY 
HIGHWAY DEPARTMENT BRASS 
CAP IN HAND HOLE, DOWN 0.5' 
POINT OF COMMENCEMENT 
1-P_Ro_J_.N_o._: _2_37_4 __ VIRGIN INDUSTRIAL PARK 
Ill,•• 
DATE: 
JUL 2024 
PHASE 2 FCD EASEMENT 
••• 
SCALE: 
N.T.S. 
MARICOPA COUNTY, ARIZONA 
HILGARTWILSDN 
1-D-R_A_W_N_BY-:--JK----+--------'------1 
2141 E. HIGHLAND AVE., STE. 250 
1--------------1 E 
X 
H 
O IE3 0 T 
PHOENIX, AZ 85016 
CHECKED BY: PR 
P: 602.490.0535 F: 602.368.2436 
©2024, HILGART'MLSON, LLC 
U:\2300\2374\SIJRl'EY\0OCS\LEGAL\2374-\IP PH2 fCO ESMT EXH!BIT.dwg 7/17/2024 11:32 AU 
Page 12 of 14 
470.12.12 A022-001 OG-RE 
-
-

Exhibit "B" - Easement Area continued 
LINE TABLE 
LINE TABLE 
LINE NO. 
DIRECTION 
LENGTH 
LINE NO. 
DIRECTION 
LENGTH 
L1 
S89'59'51"W 
18.52' 
L23 
N00'00'1 O"W 
59.23' 
L2 
S44'59'51"W 
6.36' 
L24 
S90'00'00"E 
4.60' 
L3 
S89'59'51"W 
28.97' 
L25 
N89'59'51"E 
27.31' 
L4 
N45'00'09"W 
6.36' 
L26 
N90'00'00"E 
8.44' 
L5 
S89'59'51"W 
28.17' 
L27 
NOO'OO'OO"E 
30.86' 
L6 
soo·oo•o9"E 
0.47' 
L28 
N38'34'19"E 
3.51' 
L7 
S42'33'02''E 
50.35' 
L29 
S54'33'01 "E 
4.48' 
LS 
S06'34' 43"W 
18.64' 
L30 
N89'59'51"E 
98.81' 
L9 
N86'37'32"W 
56.27' 
L31 
N49'35' 4 7"E 
6.13' 
L10 
N08'48'10"E 
7.07' 
L32 
N83'08'03"W 
22.50' 
L11 
NOO'OO'OO"E 
5.78' 
L33 
N83'08'03"W 
13.00' 
L12 
N9o·oo·oo"w 
29.22' 
L34 
N06'51 '57"E 
11.00' 
L13 
S89'59'51"W 
23.01' 
L35 
S83'08'03"E 
49.67' 
L14 
S55'40'19"W 
3.18' 
L36 
S03'48'17"W 
18.09' 
L15 
N34'19'41"W 
4.92' 
L37 
S49'35'47"W 
53.70' 
L16 
N55'40'19"E 
56.75' 
L38 
S64'25'04"W 
0.81' 
L17 
N03'52'58"E 
5.75' 
L39 
N89'59'51"E 
36.45' 
-
S89'59'51"W 
44.54' 
L40 
N00'00'09"W 
3.83' 
<i,,,'0Jdit:!.,"s 
L18 
§j~~;"w1c r .~/; '2> 
L19 
S44'59'51"W 
6.36' 
L41 
N44'59'51 "E 
7.31' 
I o::( 
HIL 
J:;o 11 
L20 
S89'59' 51 "W 
2.49' 
L42 
N89'59'54"E 
36.13' 
°oi., R.EIMER~ 
.. · ,. O 
Signed.1.,. 
L21 
S89'59'51''W 
26.49' 
L43 
soo·oo•og"E 
58.50' 
"'R1z()j:[j;lj .s .'ro· 
<:,t 
' 
~'o 
L22 
N45'00'09"W 
5.33' 
Pires 6/30/'l-r:, 
PROJ.NO.: 
2374 
VIRGIN INDUSTRIAL PARK 
'*•• 
DATE: 
JUL 2024 
PHASE 2 FCD EASEMENT 
SCALE: 
N.T.S. 
MARICOPA COUNTY, ARIZONA 
HILGARTWILSDN 
DRAWN BY: 
JK 
2141 E. HIGHLAND AVE., STE. 250 
E 
X 
11---ll 0 BOT 
PHOENIX, AZ 85016 
CHECKED BY: PR 
P: 602.490.0535 / F: 602.368.2436 
©2024, HILGARl\\lLSON, LLC 
U:\2300\2374\SURl-l:Y\DOCS\LEGAL\2374-'ilP PH2 FCD ESMT EXHIBIT.dwg 7/17/2024 12:45 PM 
Page 13 of 14 
470.12.12 A022-001 OG-RE 
-
-

Exhibit "C" - Benefited Property 
The property described in the Special Warranty Deed recorded on December 12, 2023, as Instrument 
Number 2023-0633352 in the Official Records of Maricopa County. 
AND 
The property described in the Special Warranty Deed recorded on December 12, 2023, as Instrument 
Number 2023-0633353 in the Official Records of Maricopa County. 
Page 14 of 14 
470.12.12 A022-001 OG-RE 
-
-

When recorded, return to: 
Flood Control District of Maricopa County 
2801 West Durango Street 
Phoenix, AZ 85009 (MDH) 
 
Page 1 of 53 
 
 
 
EXEMPT ARS § 11-1134, A2 
 
 
 
 
 
 
 
 
 
FCD 1999R016 
 
AERIAL EASEMENT 
FCD Project: Skunk Creek Channel at 
ACDC Reach 1 and Arizona Canal 
Diversion Channel Reach 1 
FCD Parcel Nos.: K-006A-FL, K-006B-
FL, K-006D-FL, K-006-FL, K-009A-
FL1, K-010-CH, K-011, T-009, T-009-1, 
T-012, T-013, T-015, T-015-A, T-016-A, 
T-017, T-018, and T-019 
Portion of APNs: 200-62-022W, 022X, 
071C, 200-53-009D, 005C, 011H, 011E, 
011G, 014B, 008K, 200-52-002C, 814B, 
005B, 021J, 015H, and 015G  
FCD Permit No.: FRU2400350 
 
This Aerial Easement is entered into by and between the following parties  
 
GRANTOR: 
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a 
political subdivision of the State of Arizona 
GRANTEE: 
SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND 
POWER DISTRICT, an agricultural improvement district organized and 
existing under the laws of the State of Arizona, and/or its successors and 
assigns 
 
In accordance with GRANTOR’S Board of Directors Resolution 2018R013, for and in 
consideration of the sum of Fifty-One Thousand Two Hundred Fifty dollars and 00/100 
($51,250.00), and other valuable consideration, the receipt and sufficiency of which are hereby 
acknowledged, GRANTOR does hereby grant and convey to GRANTEE an easement (“Aerial

Page 2 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Easement”) through, within and across portions of premises set forth in instrument numbers 
19860624576, recorded November 12, 1986; 19870590229, recorded September 22, 1987; 
19860716585, recorded December 26, 1986; 19850285992, recorded June 20, 1985; 
19850608291, recorded December 23, 1985; 19810226284, recorded July 07, 1981; 19870551130, 
recorded September 01, 1987; 19870551131, recorded September 01, 1987; 19940135938, 
recorded February 17, 1994; 19810389964, recorded November 30, 1981; 19810227787, recorded 
July 08, 1981, and re-recorded December 15, 1983 as 19830501612; 19870590229 recorded 
September 22, 1987; 19860630759, recorded November 14, 1986; 19870571396 recorded 
September 11, 1987 and 19870590231 recorded September 22, 1987 in the official records of 
Maricopa County (“Burdened  Properties”). The Aerial Easement is granted across the vertical air 
space beginning at fifteen feet (15’) above ground level within the real property described in the 
attached Exhibit “A” (“Easement Area”) for the purpose of constructing, installing, accessing, 
reconstructing, replacing, removing, repairing, operating and maintaining: conductors, cables, 
wires, communication and signal lines; and other appliances, appurtenances, and fixtures 
(collectively, “Facilities) for the transmission and distribution of electricity, communication 
signals and data, and for all other purposes connected therewith at such locations and elevations 
in, across, through and along the Easement Property, as GRANTEE may now or in the future 
deem convenient or necessary from time to time, in accordance with FCD Right-of-Way Use 
Permit No. FRU2400350 (“FCD Permit”). The Aerial Easement includes the right of ingress 
egress through the Burdened Properties for the purpose of exercising the rights granted hereunder. 
CAUTION: Facilities placed within the Aerial Easement may contain high voltage electrical 
equipment. Notice is given that any activity performed within the Aerial Easement shall comply 
with the Arizona Overhead Powerline Safety Law, A.R.S. Sections 40-360.41-45. 
 
Said Aerial Easement is SUBJECT TO all governmental restrictions which include, but are 
not limited to, environmental, archaeological, and cultural resource regulations, and all land use 
regulations, covenants, conditions, restrictions, easements, rights-of-way, and other matters of 
record, or not of record, that could be disclosed by a visual inspection or accurate survey of the 
real property.

Page 3 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
This Aerial Easement is, at all times, subject to and subordinate to the rights of GRANTOR 
to use and access the Burdened Properties for the purpose of operation and maintenance of the 
flood control project. GRANTOR shall endeavor to use its best efforts to operate and maintain 
the flood control project in a manner which will not unreasonably interfere with the GRANTEE’S 
rights granted by this Aerial Easement. GRANTEE assumes all risk of damage to its Facilities 
resulting from the property functioning as a flood control project. 
In the event that any of GRANTEE’S non-affixed materials, vehicles, equipment, or other 
personalty, interferes with GRANTOR’S use of the Burdened Properties, GRANTEE shall, at 
GRANTOR’S request, and at GRANTEE’S sole expense, eliminate the interference within thirty 
(30) days of notice from the GRANTOR. 
GRANTOR maintains and operates a flood control project on the Burdened Properties 
and over which the Aerial Easement has been granted. GRANTEE shall not impede, interfere 
or conflict with GRANTOR’S ability to maintain, repair or replace the flood control project, 
including but not limited to deenergizing the Facilities upon being provided with reasonable 
advanced notice of such request by GRANTOR. 
The rights granted to GRANTEE herein include the right, but not the obligation, to cut 
back, trim and remove vegetation now growing, or that may hereafter grow within the Burdened 
Properties over which the Aerial Easement is granted, so as to protect the same from interfering 
with the maintenance and operation of GRANTEE’S Facilities. After the installation of 
GRANTEE’S Facilities in accordance with said FCD Permit, any modification whatsoever to the 
Aerial Easement, the Facilities, or any appurtenance of GRANTEE located within the Easement 
Area, that is not in compliance with said FCD Permit, will require GRANTEE to apply for and 
obtain a new right-of-way use permit from GRANTOR. GRANTOR will process any such 
application in accordance with GRANTOR’S right-of-way use permit approval process. 
The rights and privileges granted in this Aerial Easement are for use by GRANTEE and 
GRANTEE’S employees, contractors, co-owners, and participants for the purpose stated herein. 
This Aerial Easement shall run with the land and is binding on all parties, their successors and 
assigns. Grantee shall have the right to assign the Aerial Easement, in whole or in part, to one or

Page 4 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
more assignees and, upon the assignment, any such assignee hereby assumes the rights and 
obligations of the Grantee hereunder with respect to the portion of the Aerial Easement assigned. 
GRANTOR shall not use, permit the use of, or grant any licenses, additional easements, 
or any other rights to use the Easement Area, without the prior written consent of GRANTEE, 
which may be granted or denied through the exercise of GRANTEE’S sole and absolute 
discretion. GRANTOR shall not place or permit the placement of improvements, fixtures, trees, 
shrubs, obstacles or other obstructions within that portion of the Burdened Properties over which 
the Aerial Easement has been granted (collectively “Obstructions”). GRANTEE shall have the 
right (but not the obligation) to remove any obstructions within the Easement Area. GRANTOR 
hereby grants grantee the right of vehicular and pedestrian access over and across Burdened 
Properties for the purpose of trimming, cutting, or clearing any and all Obstructions encroaching 
within the Easement Area. 
The provisions of this instrument are not intended to and do not constitute a public utility 
easement or any other grant, dedication, or conveyance for public use of the Aerial Easement or 
Easement Area. GRANTOR represents and warrants that it has full power and authority to grant 
the Aerial Easement and perform its obligations under this instrument. 
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

Page 5 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY 
 
 
RECOMMENDED FOR APPROVAL:  
 
 
 
 
 
 
 
 
 
 
 
 
Paul Baughman, P.E., CFM  
Date 
 
Chief Engineer & General Manager 
 
 
 
REAL ESTATE DEPARTMENT APPROVAL: 
 
 
 
 
 
 
 
 
 
 
 
Alex Smith 
 
 
 
Date 
Director 
 
 
 
 
 
 
 
 
 
 
 
APPROVED AS TO FORM and within the powers and authority granted under the laws of the 
State of Arizona. 
 
 
 
 
 
 
 
 
 
 
District General Counsel 
 
Date 
 
 
12/11/2024
12/10/2024
12/11/2024

Page 6 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
APPROVED: 
 
BOARD OF DIRECTORS OF FLOOD CONTROL DISTRICT OF MARICOPA 
COUNTY 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Date 
Chairman of the Board  
 
 
ATTEST: 
 
 
 
 
 
 
 
 
Clerk of the Board 
 
 
Date 
 
 
STATE OF ARIZONA 
) 
 
 
 
 
)ss 
COUNTY OF MARICOPA ) 
 
Before me, 
 
 
 
 
 
, Notary Public in and for said County, State 
of Arizona, on this day personally appeared   
 
 
 
 
, known to me 
to be the person whose name is subscribed to the forgoing instrument as Chairman of the Board of 
the Political Subdivision in the foregoing instrument. 
 
Given under my hand and seal of the office this  
day of  
 
 
, 20      . 
 
 
 
 
 
 
 
 
 
Notary Public (signature)

Page 7 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
GRANTEE: 
SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT,  
an agricultural improvement district organized and existing under the laws of the State of 
Arizona, and/or its successors and assigns   
 
ACCEPTANCE AND APPROVAL: 
 
 
 
By:  
 
 
 
 
 
 
 
 
 
 Alan J. Jollineau, RPLS, Senior Land Rights Analyst 
 
 
STATE OF ARIZONA 
) 
 
 
 
 
)ss 
COUNTY OF MARICOPA ) 
 
The foregoing instrument was acknowledged before me this 10th day of December 2024, by Alan 
J. Jollineau, RPLS, Senior Land Rights Analyst for SALT RIVER PROJECT AGRICULTURAL 
IMPROVEMENT AND POWER DISTRICT, an agricultural improvement district organized and 
existing under the laws of the State of Arizona, and/or its successors and assigns, on behalf of the 
GRANTEE. 
 
 
 
 
 
 
 
 
 
 
Notary Public (signature) 
 
 
 
 
 
Notary Stamp Seal 
The notary public certifies that appropriate authorization has been issued by the Arizona 
Secretary of State to allow electronic notarizations or remote online notarization pursuant 
to A.R.S. § 41-276. This remote notarial act involved the use of communication technology. 
 
12/10/2024

Page 8 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - Easement 
Attached to Non-exclusive Aerial Easement 
 
 
Exhibit “A” - continued

Page 9 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Attached to Non-exclusive Aerial Easement

Page 10 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement

Page 11 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement

Page 12 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement

Page 13 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement

Page 14 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement

Page 15 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement

Page 16 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement

Page 17 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement

Page 18 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement

Page 19 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement

Page 20 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement

Page 21 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement

Page 22 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement

Page 23 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement

Page 24 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement

Page 25 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement

Page 26 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement

Page 27 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement

Page 28 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement

Page 29 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement

Page 30 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement

Page 31 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement

Page 32 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement

Page 33 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement

Page 34 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement

Page 35 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement

Page 36 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement

Page 37 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement

Page 38 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement 
 
 
 
 
 
 
 
 
 
 
Exhibit “A” - continued

Page 39 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Attached to Non-exclusive Aerial Easement

Page 40 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement

Page 41 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement

Page 42 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement

Page 43 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement

Page 44 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement

Page 45 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement

Page 46 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement

Page 47 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement

Page 48 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement

Page 49 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement

Page 50 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement

Page 51 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement

Page 52 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement

Page 53 of 53 
 
400.03.12 & 118.01.12_K-006A-FL_OG-AE
Exhibit “A” - continued 
Attached to Non-exclusive Aerial Easement