B1. 470.12.12_A022-001_OG-SE.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

SIGN EASEMENT

FCD Project: Reems Road Channel and Basin
FCD Parcel Nos.: A022-001 & A022-001A
APN: 501-41-005F ptn.

FCD Permit No.: 2023P223

This Non-Exclusive Utility Easement is entered into by and between the following parties

and becomes effective 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, LLC, a Delaware limited liability
company and/or its successors and assigns

In accordance with GRANTOR’S Board of Directors Resolution 2018R013 dated October
24, 2018, for the sum of Four Thousand Two Hundred Eighty-Three DOLLARS and no/100
($4,283.00), and other valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, GRANTOR does hereby grant and convey to GRANTEE a non-exclusive sign
easement in, upon, over, under, across, through and along a portion of the premises set forth in
instrument number 20070429082, recorded April 12, 2007 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 an
illuminated monument sign on the Burdened Property, and appurtenances thereto (collectively, the

“Facility”), in accordance with FCD Right-of-Way Use Permit No. 2023P223 (“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 of record, that could be disclosed by a visual inspection or accurate survey of the

real property.

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470.12.12_A022-001_OG-UE

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 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 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
Property 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 thirty (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 effort 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 thirty (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
modification whatsoever to the Easement, the Facility, or any appurtenance of GRANTEE located

therein, that is not in compliance with said FCD Permit, will require GRANTEE to apply for and

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470.12.12_A022-001_OG-UE

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, 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 thirty
(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 parties.

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470.12.12_A022-001_OG-UE

RECOMMENDED FOR APPROVAL:

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

DocuSigned by:

Set Vogl 1/25/2024

Scott Vogel : Date
Chief Engineer and General Manager

MARICOPA COUNTY REAL ESTATE DEPARTMENT

DocuSigned by:
| AS 1/25/2024

Alex Smith Date
Director

APPROVED AS TO FORM and within the powers and authority granted under the laws of the

State of Arizona.
DocuSigned by:
Wayur. Puke 1/24/2024
Wayne Peck — . Date

District General Counsel

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470.12.12_A022-001_OG-UE

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)

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470.12.12_A022-001_OG-UE

GRANTEE ACCEPTANCE AND APPROVAL:
VIP INDUSTRIAL HOLDINGS, LLC, a Delaware limited liability company

BY: VIP INDUSTRIAL HOLDINGS, LLC, a Delaware limited liability company, its sole
member

DocuSigned by:

Tedd. Pstransly 1/19/2024

B y: 481C082382ED433...

Todd Ostransky, Vice President

STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA)

mM.
The foregoing instrument was acknowledged before me this 19th day of January, 2024 by Todd

Ostransky the Vice President on behalf of VIP Industrial Holdings, LLC a Delaware limited

liability company and/or its successors and assigns.

MONA HERNANDEZ
Notary Public
State of Arizona

Commission #641366 7

My Comm. Expires Jan. 9, 2027

Maricopa County (ai by:

2056052C2258465...

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.

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470.12.12_A022-001_OG-UE

Exhibit “A” - Easement
Attached to Non-exclusive Utility Easement

VIP PHASE 2
FCD ELECTRIC & SIGN 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 a found 3” Maricopa County Highway Department brass cap in hand
hole accepted as the Southeast corner of said Section 30, from which a found 3” Maricopa

County Highway Department brass cap in hand hole accepted as the East Quarter Corner
thereof bears North 00°00'09” West, 2635.33 feet;

Thence North 00°00'09” West, 1309.99 feet along the east line of said Southeast Quarter;

Thence leaving said east line, South 89°59'51" West, 73.77 feet to the POINT OF
BEGINNING;

Thence South 89°05'20" West, 24.62 feet;
Thence North 00°54'40" West, 8.90 feet;

Thence South 89°05'20" West, 166.48 feet to the west line of said Document No. 2007-
0429082;

Thence along said west line, North 00°00'10" West, 8.00 feet;
Thence leaving said west line, North 89°05'20" East, 190.98 feet;
Thence South 00°54'40" East, 16.90 feet to the POINT OF BEGINNING.

The above-described parcel contains a computed area of 1,748 sq. ft. (0.0401 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. 2374
Date: October 2023

U\2300\2374\SURVEY\DOCS\LEGAL\2374-FCD ELEC&SIGN ESMT-LEGAL.docx Page 1 of 1

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Exhibit “A” - continued

Attached to Non-exclusive Utility Easement

M.C.R.

CAP

N89°05’20"E
190.98’ L4

1$89°05'20"W “TT
166.48 / |

POINT OF

BEGINNING

$89°59'51"W
73.77

1325.34

NO0°00'09"W 2635.33

REEMS ROAD

L3

1309.99

DOC. NO.
2007-0429082,
M.C.R.

N89°02'25"W 2635.71’
OLIVE AVENUE

SOUTH QUARTER CORNER
SECTION 30, TSN, RIW

DOC. NO. \
2007—0429082, EAST QUARTER CORNER

SECTION 30, T3N, RiW
FOUND 3” MARICOPA COUNTY
HIGHWAY DEPARTMENT BRASS

IN HAND HOLE, DOWN 0.5’

SOUTHEAST CORNER

SECTION 30, TSN, RIW

FOUND 3” MARICOPA COUNTY
HIGHWAY DEPARTMENT BRASS
CAP IN HAND HOLE, DOWN 0.5’
POINT OF COMMENCEMENT

FOUND 2”

MARICOPA COUNTY LINE TABLE
ALUMINUM CAP FLUSH,

STAMPED T3N RIW 1/4 LINE NO. | DIRECTION | LENGTH

$30 S31 RLS 36563 2003 fn 589°05'20°W | 24.62'

L2 NO0'S4’40"W | 8.90"

L3 NOO'00'10"W | 8.00"

L4 $00°54’40"E | 16.90"

PROJ.NO.: 2374 VIP PHASE 2 Mag
DATE: OCT 2023 FCD ELECTRIC & SIGN EASEMENT
SCALE: NTS. MARICOPA COUNTY, ARIZONA | HILGARTWILSON
DRAWN BY: JDL 2144 E. HIGHLAND AVE., STE. 250
a E- >< KH) 1 — 1 TT PHOENIX, AZ 85016
CHECKED BY: KJP P: 602.490.0535 / F: 602.368.2436
62023, HILGARTWLSON, LLC U: \2300\2374\SURVEY\DOCS\LEGAL\2374-FCD ELECKSIGN ESMT-EXHIBIT.dwg 10/27/2023 10:39 AM
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