B1. 470.12.12_A022-001_OG-RE.PDF

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, 
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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 
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470.12.12 A022-001 OG-RE 
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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. 
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470.12.12 A022-001 OG-RE 
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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 
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470.12.12 A022-001 OG-RE 
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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 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) 
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470.12.12 A022-001 OG-RE 
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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. 
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470.12.12 A022-001 OG-RE 
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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 
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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 
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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 
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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 
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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 
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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 
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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 
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