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HomeMy WebLinkAbout011-79 Ordinance - RECORD OF ORDINANCES 83 . , , I National Graphics Corp., Cols.. O. ~ Form No. 2806-A ' . ~ Ordinance N 0 .ll---1~lm..--u Passedum______MAR..L.RJ9Z9mm__um19m.. -- I I , AN ORDINANCE PROVIDING FOR A CHANGE OF ZONING OF CERTAIN REAL ESTATE TO THE L. I. (LIMITED INDUST- '1 RIAL) ZONING DISTRICT. U BE IT ORDAINED by the Counci I of the Vii lage of Dubl in, State of Ohio, ~ of the elected members concurring: SECTION I . That the fol lowing described real estate (See attach ed Legal Description marked Exhibit "A") situated in t he V i II age ~ of Dubl in, State of Ohio, sha II be, and hereby IS, rezoned to the L. I . Zoning District and shal I be subject to regulations I and procedures contained in Ordinance No: 21-70 (Vi I lage of I Dublin, Ohio Zoning Code) and amendments thereto. SECTION 2. The appl ication, Exhibit "B" containing the list of contiguous property owners, the location plat, marked Exhibit "C" and the report of the Planning Commission, marked Exhibit "D" are a II incorporated into, and made an official part of this Ordinance and said real estate sha II be developed and used In accordance therewith. I I SECTION 3. That this Ordinance shal I take effect and be In I force from and after the earliest period al lowed by law. ~ Passed this I~ day of mAlL~ 1979. I f I , I I U I I _~r~ a~ :zk~~ I Mayor - Presiding Officer ~President Pro Tempore ATTEST: I . ~~ I I Clerk - Treasurer I n ~ I . I r I I I I I . ." \ JI-- . " . I VILLAGE OF DUBLIN PLANNING AND ZONING COMMISSION AN APPLICA TION FOR AMENDMENT' . For P & ZC Use Only OF THE VILLAGE OF DUBLIN t-i~' Application No. : ZONING DISTRICT MAP ZM Z. 79 - oov- (Rec las sification of Land) \~\\ Date Filed: /:2.-19-71" C .Fee Receipt No. #/A Received by: 3: S /'4 {rlu"" _ _ __ _ Please type or print information - Use additional sheets as necessary - - - -- TO THE HONORABLE PLANNING AN D ZONING COMMISSION: The Applicant, Thelma Alder & Gladys Geese , . Being the owner (s), /lessee (s) of property located within the area proposed for reclas sification of land/ special use or development, requests that the following de sc ribed land to be placed in the LI Zoning District (s)/ Special District (s). A. DESCRIPTION OF LAND TO BE RECLASSIFIED 1. General Description of Land (describe by one of the following: ) YEE f,EcrAL PESC~~/?TlO~ \ 0 a. Lot(s)/ Reserve (5) of . ,/(}TT 1p , a recorded plat, with an area of Acres/ Square feet. b. Beginning at a point along (street or other) and being feet in a N SEW (circle) direction from the (specify) of (street or other), and thence having a dimension of from the (specify) of (street or other), and having an area of . c. The tract of land containing Acres and bounded by: C <> (specify). on the N SEW (circle) (specify) on the N SEW "(circle) (specify) on the N SEW (circle) (specify)" .on.the N W E W (circle) d. Attached' legal descriptipn: YES X NO Page 1 of 3 . Page 2. of ZM Map of proposed Zoning District boundaries: Two (2.) copies of map accurately drawn ~o an appropriate scale (to fill a sheet of not less than 8- 1 /2. x 11 inches and not more than 16 x 2.0 inches). The map shall be identified and submitted in addition to the General Description of Land. ., , !,', ..., The map shall include all land in the proposed change and all land within five hundred (500) feet beyond the limits of the proposed change. . I} To be shown on the map - all property lines, street right of way, easements and U other information related to the location of the proposed boundaries and shall be fully dimensioned. '. The map shall show the existing and proposed Zoning District or Special District Boundaries. List all owners of property within and contiguous to and directly across the street from such area proposed to be rezoned. The addresses of the owners shall be those appearing on the County Auditor1 s current tax list or the Treasurer1 s mailing list. NAME ADDRESS ~e Attache~~ G B. ARGUMENTS FOR RECLASSIFICA TION OF THE DESCRIBED LAND. 1. Proposed Use or Development of the Land: Industrial-Office & Manufacturing Facilities PLANNED DEVELOPMENT ZONING DISTRICTS and SPECIAL DISTRICTS submission of three (3) copies of a Development Plan and other documents and two (2.) copies shall be retained as a permanent public record if approved. For other Zoning Districts,' such plans or other exhibits would be helpful to the review of this application. Plans and Exhibits submitted: Plo t Plan~; Building Plan _; Development Plan..:-- ; Sketch_; Pho to g raphs ~ ; Other Aerial Photo (specify) G 2.. State briefly how the proposed zoning and development relates to the existing and probable future land use character of th-e' vicinity. North and West of this property the zoning is limited industrialo East is I-270 outerbelt and the Ashland Oil Complex. South is farm land in Washington Township. The manner in which the adjacent property is being 'used, the best and logical use for this property is limited industrial. With this proposed use the tax base will be greatly increased. Page 2. of 3 page 6 t . . I I . . Page 3 of ZM I 3. Has an application for rezoning of the property been denied by the Village I I Council within the last two (2) years ?YES NO. : X HYes, state the basis of reconsideration. '. .~. .;t" r) U C. AFFIDAVIT Before completing this application and executing the following affidavit, it is recommended that this application be discussed with the Building.Inspector to insure completeness and accuracy. APPLICANT'S AFFIDAVIT STATE OF OHIO COUNTY OF FRANKLIN, I (WE) Thelma Alder & Gladys Geese being duly sworn, depose and say that I am/we are the owner (s}/lessee (s) of land included in the application and that the foregoing statement herein con- tained and attached, and information or attached exhibits thoroughly to the ",I 0 best of my/our ability present the arguments in behalf of the application here- , with submitted and that the statements and attached exhibits above referred to are in all respects true and correct to the best or my/our knowledge and belief. J Thelma Alder \. J/~/VJ~ {li2.e~/1/ (signature) Gladys Geese lr i/I -' / . ~I jliJ.(J~ ' J:;' ;.,.. (- i' s~gnature r:"-'.; f .~ ,A r " }" , . I I.. I " ; (mailing addres.s) Phone: Subscribed and sworn to before me this )....(.,~ day of PkL- ' .19 7~ . , DN'I~LD J. ~:ILER ' ~f--tJ #~ v' . . -~ OF OHIO NOTARY PU3LlC-STA1~ ~. I MY ~OMMISS10N E)~PlRES MAR. ,;,0, 1 !.HIO Notary Public . 0 Person to be contacted for details, if other than above signatory: " Victor D. Irelan Rny iF,F, D"blin Ohio 889-1003 (name) ( ad.dre s s ) J (telephone) ________________________________DO:NOT WRITE BELOW THIS LINE-------------- D. RECORD OF ACTION l. Withdrawn He.ld to (date) . (date) 2. P & ZC: Date of Hearing Approved. ; Disapproved Modified 3, Village Council: Date of Hearing .. \ . ; Disapproved M qqifir. q ~..,..,~.\'\'{\(' -- - I)oDSON - LINDBLO~l ~t\SSOCIATES, INC. I COKSULTING ENGINEERS PRINCIPALS - ALLAN C. STRANGE 5 EAST LOXG STREET ROBERT D. McCOY COLUMBUS, OHIO 43215 ARE:A CODE: 614 224-1251 December 13, 1978 DESCRIPTION OF A 46.167 ACRF. TRACT t-i ~ , FOR 0 \ , DUBLIN BUILDING SYSTEMS, INC. ~f\ Situated in the State of Ohio, lounty of Franklin, Village of Dublin, Virginia Military Survey No. 3011 and being all of that tract designated as Parcel "A" conveyed to Gladys F. Geese and Thelma M.Alder by deed of record in Deed Book 3070, Page 645, Recorder's Office, Franklin County, Ohio and being more particularly described as follows: Beginning at a found iron pin at the northwesterly corner of said tract and at the northeasterly corner of the Columbus and Southern Ohio Electric Company 17.710 acre tract (Deed Book 3011, Page 115), and in the southerly right-of-way line of Sheir-Rings Road (formerly Geese Frontage Road), and in the northerly line of said Virginia Military Survey 3011 and in the southerly line of Virginia Military Survey 2542; thence, easterly with the southerly right-of-way line of Shier-Rings Road, S 87022'23" E for a distance of 204.83 feet to a point; thence, continuing with said right-of-way line, S Sr39'20" E for a distance of 489.36 feet to a point, said point being 42.00 feet right of station 37 + 43.20 in the centerline of survey of Geese Frontage Road, said centerline of survey being made in conjunction with the centerline of a survey made in 1965 by the Ohio Department of Highways for Interstate Route 270, Section 7.47 N; thence, S 83033'46" E for a distance of 314.97 feet to an iron pin in the westerly right-of~way line of Interstate ,Route No. 270; G thence, southerly with said westerly right-of-way line the following courses, S 3010'52" W for a distance of 132.48 feet to a point; thence, S 18034'23" W for a distance of 408.91 feet to a point; thence, S 14055'15" W for a distance of 204.39 feet to a point; thence, along a curve to the left having a radius of 7,623.36 feet, a chord ~o]hich bears S 10047'33" W, a chord distance of 1,663.16 feet to an iron pin; thence, westerly with the northerly line of lands now or formerly owned by William M. Thomas et al (Deed Book 3137, Page 521), N 8r54'40" ~v for a distance of 722.88 feet to an iron pin; thence, northerly with the easterly line of lands now or formerly owned by C.L. Murphy and Freda Murphy (Deed Book 1960, Page 320) and the easterly line of lands now or formerly owned by Columbus and Southern Ohio Electric Co. (Deed Book 3011, Page 115), N 05012'04" E for a distance of 2399.38 feet to the point of begin- ning. It is understood that the tract of land described above contains 46.167 acres, more or less, subject, however, to all legal highways and easements and restrictions of record and of records in respective utility offices. This description for this parcel is based upon a field survey made by Dodson-Lindblom Associates, Inc. , Consulting Engineers, Columbus, Ohio. By ;//IJ" dJ )/'I ~ C; , Robert D. McCoy Registered Surveyor No. 5283 0 , '. - - DUBLIN BUILDING SYSTEMS 5715 AVERY ROAD . BOX 366 . DUBLIN. OHIO 43017 . TELEPHONE (614)889-1445 ., U LIST OF OWNERS ADJACENT TO PROPERTY PROPOSED FOR REZONING HARDON , INC. ~X~ ~~1 " Dublin Industrial Lane 1445 Goodale Blvd. Columbus, Ohio 43212 Lot 351 HAROLD A. WILLIAMS 2068 Chardin Road Columbus, Ohio 43220 HOOSIER ENGR. CO. Box 428 Dublin, Ohio 43017 G ST~~EY STEEMER INTERNATIONAL INC. 4654 Kenny Road Columbus, Ohio 43220 GLAYDS F. GEESE & THELMA M. A~ER Frantz Road, W. on 5280 Pinney Road Dublin, Ohio 43017 " ........ ~ ' 'I' "'rl~'" II roT Ui.: !'I'i','1'ill~III~;;11 :i IlUll~'1! 1111 illj Design-Build Contractors & Engineers . Building For Your Future DIT&IIVUOII' OllLlII &lIOCUTlO' Ralph Hewitt Vic Irelan Robert Dodge 0 " ! I . . .. ........-:J"- ... ^ RALPH G. COBURN,ETAL 200 Pinney Road Dublin, Ohio 43017 WILLIA1'1 M. THOMAS,ETAL G'i-~ Route 1, Post Road 8 n Dublin, Ohio 43017 U C. L. MURPHY 427 Chatham Road Co 1 umbus , Ohio 43214 COLUMBUS & SOUTHERN OHIO ELECTRIC CO. 215 N. Front Street Columbus, Ohio 43215 n V '1 \.J , -,. ... - - - --------- ,. __~__J \ - S I-j f E ~ - R. , N G" KD__ I ) / / J (;'i"" I (1 /'J i 1 1 \' W,,!.{ , 'C 1 I' I ~ 1 .J .1 f If I i , I I ! "'-. I . "- J I ,~ "- I \' J ! Cl / / J N r ~ \\ I I f I \., / tJ ! l..:> It. ..... ! ~ ~ ~ , ~'" I :". tJ ~ I ~ \. I "- I 1 a I ~ ~ i \J . .~ , ~ I ~ ~ -:.: cy I ~b 1 ~ 1.. , I I I \:~ I k.. I Iu l'i \) I ~') '~ I , I I , I I I () ! :) I J ~ I ! 'v I I ~ ~ 0 I ~ I I i j , I J I I ; I I I J J I I I .- t , - .-'--..---........---_....__ ....~I.~.._....._..., ~ , PLANNING & ZONING CO~~ITTEE January 9, 1979 On January 9, 1979 at 7:30 p.m. the regular monthly meeting of the Dublin Planning and Zoning Committee came to order'at the Municipal Building, 6665 Coffman Road, Dublin, Ohio 43017. (, t I Those members in attendance were as follows: .., t'i~ · Mr. Caudy, P & Z member Mr. Callahan, Councilman Mr. Karrer, Mayor My. Macklin, P & Z member fJ) Mr. Moffitt, Chairman Mr. Gunner, Solicitor Mr. Helman, Planner Mr. Myers, Planner Regarding the minutes of the December 5 , 1978 P & Z meeting, under No, 3, it was Mr. Helman's recommendation to modify the rezoning, since he felt a PUD rezonIng was more appropriate. R-4 rezoning was not recommended. December 5, 1978 minutes were then approved as modified. Mr. Callahan asked for a clarification of Mr. Caudy's commission termination since he was not sitting with the committee, though present at the meeting. He was then asked to join the others at the meeting. Mr. Moffitt then led the discussion and voting for a representative 0 from the committee to the Regional Planning Commission. }'1r . Caudy \Vas unanimously elected to represent the committee. ( Follo\Ving these preliminaries the first item of the Tentative Agenda was brought before the committee--rezoning request, W. Bridge Street rear of Exxon Station, east of Dublin Plaza. My. Moffitt suggested that C. K. Moon's property also be included ::.n tIle rezonIng to make the entire section consistent. Mr. Helman suggested that Mr. Moon be notified of this suggestion to rezone his land, so that he would be knowledgeable for future additions to his horne, etc. There \Vas a question raised as to whether the street runnIng along Dublin Plaza has been dedicated and accepted. Mr. Helman also stated there IS no provISIon in the application for 3n off-premise sIgn. ~lr . Callahan read that screening would be required for off-street \ pal' kin g for five or more vehicles and a loading zone. He then asked the :lppl icant, r.1r. Gall, his reasonIng for not specifically requesting office zonIng. Mr. Gall replied that he had not decided between an office building or a savIngs and loan type office building. ....."" ~ ~ PLANNING & ZONING COMMITTEE January 9 , 1979 Page 2 Mr. Macklin moved to approve Mr. Gall's application for rezoning. Mr. Karrer seconded the motion. Rezoning passed unanimously. Item Two on the Tentative Agenda, rezon1ng request, west side of G 1-270 across from Ashland and south of Shier-Rings Road, was brought before the committee. Mr. Moffitt stated that he had found a mistake in the application. Where it stated the property across the street 1S zoned Limited Industrial, it actually 1S zoned Restricted Industrial. He also stated that there had been a question as to taking this piece of land out of the industrial zoning all together. Mr. Helman said he wanted the applicant to recognize this as a critical p1ece of land to the "gateway" in Dublin. Pickett & Banning and Ashland Chemical were given as examples of good uses and planned uses of the land. My. Helman stated he wanted to be sure that all that goes into this area complements each other and \vorks well together. The applicant, Vic Ireland, then stated Shier-Rings Road and Avery Road industrial parks as examples of what his company wants to do with this piece of land. The total value of the development 1n the entire area ]S estimated at 10 million dollars, the total employ- ment from 700 to 1,000 people. My. Ireland also stated that Stanley Steamer wants to have a portion of the land for their corporate headquarters. Discussion followed concerning stuhbing their road down to the Thomas property so that eventual connection \vi th Shier-Rings and 0 Wilcox Roads or Rings Road \vould be possible. Mr. Callahan then stated tha1: this section of property falls within the Special Highh'ay Sign section, \vhich permi ts great height and size 1n signs. Applicant responded that he was willing to supply protective covenants and restrictions that would apply to them and to those they sell to, lease to or build for. Karrer moved to accept the rezonIng request and recommend approval to council. There was no second, so the motion \vas declared out of order. A remotion was made by Mr. Callahan to recommend acceptance by council and also recommend that the applicant submit his controlling proposed covenants for consideration by council and the planning and zonIng committee. My. Moffitt seconded the motion. It was passed unanimously. Item Three on the Tentative Agenda, Final Development Plan, Dublin Office Park, Banning (, Pickett, was brought before the committee. My. Helman stated he felt two points of access and connection should be left open--the north side and the west side. r"\ '" . . . . , " PLANNING c ZONING COMMITTEE II January 9, 1979 Page 3 I t ,vas generally felt that Pinney Road should be done away with. Mr. Helman also stated that Banning and Pickett had worked with Mr. Grabill across the street to make sure there IS an alignment. He then recommended approval of the final development plans. Regarding the plat, Mr. Myers added that the existing sanitary sewer easement along Lhe south property line needs to be added. (:) Discussion followed concerning extending Banning & Pickett's water line to the west side of 1-270, across from Ashland and south of Shier-Rings Road, and if Lhis was done would a l2-inch pipe be adequa te. Mr. Macklin moved for approval of the final development plans. Mr. Caudy seconded. It passed unanimously. Regarding old business--updating the zoning maps--Mr. Helman presented several copies of the large, wall size maps. Several changes that needed to be made were noted by the committee: l. The Electric Company is zoned Light Industrial. 2. There IS one instance where there IS a zoning boundary outside of the Village boundary. 3. Dr. Walker's land needs further clarification. 4. Macklin land is zoned PUD. 5. Several parcels in Delaware County have been rezoned RI. C 6. Stanley Steamer is L1. 7 . The west side of Avery Road piece labeled R is Rural. 8 . Need to show the connecting streets in Shannon Park. 9. Have the plat show significant connecting streets. 10. North of Belair and east of St. Rt. 745 should be R-I. I t ,vas decided to draft one map with the corrections and return to the committee for proofing. Then go with the smaller sized maps for general distribution, keeping one to be mounted for public view. Mr. Callahan then requested a change be made in Section 346.023-- to combine it with Section 346.03 under Conditional. Mr. Moffitt asked the Planner and Solicitor to research it and report back to the committee. The meeting adjourned at 10:20 p.m. Mr. Moffitt, Chai"rman Pamela Fallin, Secretary " - -- . - - ----- -- . - - - I . . SMITH & GUNNER ATTORNEYS-AT.LAW 5354 CEMETERY ROAD STEPHEN J. SMITH HILLIARD, OHIO 43026 MICHAEL T. GUNNER 876-1220-876-1229 February 12, 1979 ....... Planning & Zoning Commission I , Village of Dublin . . -" Municipal Building 6665 Coffman Road I Dublin, Ohio 43017 I I Re: Rezoning of 45.5 acres I I Shier-Rings Rd. and 1-270 Gentlemen: I am enclosing a letter from C. Stanley Taylor on the above, along with a copy of Declaration of Covenants on the same. ::2.~ Michael T. Gunner MTG: j v Ene. -- I - - - - -------- - -------- . --- -- - - - "!III __ . . - . - : " ' , ." . LAW OFFICES it! ERRETl' L. CARPENTER ~4~4 CLEVELAND AVENUE COLUMBUS. omo 43229 C. STANLEY TAYLOR (614) 890-8026 February 7, 1979 Mr. Stephen J. Smith -.. Solicitor, Village of Dublin ~ Municipal Building I 6665 Coffman "'-, Dublin, Ohio 43017 Dear Mr. Smith: I represent Victor D. Irelan, who, has been talking with the Village Planning Department and Mr. Larry Helman concerning the rezoning of a tract of land of approximately 45.5 acres at the southwest corner of the intersection of Shier-Rings Road and 1-270 within the Village of Dublin. We are willing to place restrictions on the use of the property after it is zoned to Limited Industrial District and suggest that this be done as we have in the past by a "Declaration of Covenants". I enclose a draft of the proposed Restrictions and am sending a copy to Mr. Helman for your review prior to the Zoning Hearing on March 5, 1979. If you have any comments or questions, please call me. Very truly yours, - --'-;2 ~':d~'__ __ ,,~ -....--...-.....'- ? 6"~~:Z -,r-~_ ... ~. C. "~~anl'ej.~ ay10r .. I \.... " CST/hr Encl: l. Draft of Declaration of Covenants cc: t.1r. Larry Helman Mr. Victor D. Irelan '"' - .. . ,? . " . ... ~ .. '. . ~ . DECLARATION OF COVENANTS vlHEREASt the undersigned owns a certain tract of land,situated in the Village of Dublint County of Franklin and State of Ohio, as being more fully described on Exhibit A attached hereto, and n WHEREAS, said tract is 'presently proposed for rezoning to the Limited . I W Industrial District classification as the same is set forth in Article III, Section 344 of the Village of:Dublin, Ohio, Zoning Ordinance Number 21-70, and .' 'I .. , WHEREAS, the Village of ' Dublin is concerned as 'to how 'and in what way said tract might be used for industrial and manufacturing purposes as permitted by said Section 344 of said Zoning Ordinance, ~and WHEREAS, it is,to the mutual benefit of the owner of said tract and the owners of surrounding properties and of their respective heirs, successors and assigns and of the Village of Dublin that certain restrictive covenants be placed upon said tract controlling industrial use of said tract. NOW, THEREFORE, the undersigned, for good and valuable consideration, ,.........,. receipt of which is hereby acknowledged, does promise, covenant and agree I \ with respect to said tract as follows: ....-" 1.' That if, when, and for so long as said proper~y is zoned in the Limited Industrial bistrictclassification as the same is set forth in Section 344:of said:Village of Uublin Zoning Ordinance: a. ,'Said tract shall not be used for the following uses or purposes: Sausages and other prepared meat products Grain Mill products Broad Woven Fabric Mills, Cotton Broad Woven Fabric Mills, Man-made fiber and silk Broad Woven Fabric Mills, Wool: Including dyeing and finishing Narrow Fabrics and ~ther Small Wares Mills: Cotton, wool, silk, and man-made fiber Knitting Mills Dyeing and Finishing Textiles, except wool fabrics and , knit goods ,', J ! I Floor Covering Mills .".; " , Yarn and Thread Mills Miscellaneous Textile Goods Nonferrous Foundries Railroads Sleeping Car and other Passenger Car Service Railway Express Service Terminal and Joint Terminal Haintenance Facilities for Motor Freight Transportation Rental of Railroad Cars ." Water Well Drilling " b. No part of said tract shall be used for outside storage , ' " . . . , -1- -- - . --- . . ." . '. , ~ to of non-licensed vehicles or materials; provided .that this restriction shall not apply to equipment and materials necessary for construction purposes during the time of the construction of any improvements upon said tract and , provided further that this restriction shall not be construed to prohibit ~ any activity normally relatedtoiparking areas associated with industrial or . W office structures. c. There shall not be permitted on said tract for any period of time odors, fumes, or noise and vibration sufficient to constitute a nuisance to residential or agricultural activity in the neighborhood, . provided that this restriction shall not apply to activity normally associated with the careful construction of improvements on the property or to isolated and/or unintentional episodes corrected or eliminated ina reasonable time after notice thereof. d. Any and all loading and service areas on the property shall be s~reened from 1-270 and Shier-Rings Roads by structures, walls, mounding, or solid vegetational screen at least 6 feet in height or a com- ,,-..., bination or combinations of any of the above. ~ e. All parking and circulation areas shall be paved and maintained in good repair. f. All areas other than those occupied by structures, park- ing and loading areas, and circulation areas shall be landscaped with grass or other suitable vegetational ground cover, shrubs and trees. g. There shall be no flashing or animated signs and other than ground oriented signs to indicate direction and use area locations, no . more than one freestanding sign for each separate use or' occupancy on the tract. The size of signs will be limited to the restrictions in the R-l Zoning District, Section 305 of said Zoning Ordinance. h. There shall be no discharge into any streams or storm -, water outlets of any waste materials in violation ~f applicable Federal and/or l".) State regulation. i. No structure along 1-270 will be located closer than 50 feet to the 1-270 right-of-way. II. These regulations are created for the benefit of all owners of the property located within the Village of Dublin, Franklin County, Ohio, their heirs, successors and assigns and shall be enforceable by each or any of said owners, heirs, successors or assigns against the undersigned, its heirs, successors and assigns. , , -'). ------ - - ~ . , . , ~ . . . . '" . , I I I. In the event of any legal action brought to enforce these covenants, the undersigned, for and on behalf of itself, its heirs, successors and assigns does hereby further covenant in the event said action is ,ultimately resolved in favor of the plaintiffs therein, to pay any and all '" cost, expenses and legal fees associated with or resulting from said action. I .., I WITHESSES: STATE OF OHIO I 'COUNTY OF FRANKLIN, 55:-- The foregoing instrument was acknowledged before me this . day of ' , 19 ,by ,... " ~ NOTARY PUBLIC , ,.' ~ ~} J J..J ..3..