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Ordinance 003-18Dayton Legal Blank, Inc. Ordinance No. 03-18 RECORD OF ORDINANCES Form No. 30043 Passed , 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INFRASTRUCTURE AGREEMENT WITH GAGE CROSSING II, LLC, FOR THE GAGE CROSSING DEVELOPMENT WHEREAS, Gage Crossing II, LLC ("the Developer's is presently engaged in the improvement of certain land and is desirous of contributing to public street infrastructure and related public facilities to service the apartments located in a development known as Gage Crossing (the "Development'; and WHEREAS, the Developer has commissioned a traffic impact study, titled "5300 Avery Road Site Traffic Study Update", prepared by EMH&T and dated August 2016, most recently revised November 4, 2016 (" 775� for the Development, that has been reviewed and accepted by Dublin and the other municipal and county agencies having jurisdiction; and WHEREAS, the Parties agree to enter into this Agreement relating to the contribution to certain transportation improvements to the surrounding roadway network to mitigate the impact of the additional traffic generated by the Development; and WHEREAS, the traffic impacts used in this Agreement to calculate cost contributions were developed based on the TIS prepared for the Development, and the Tuttle Crossing Boulevard extension and Avery Road widening project. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, Delaware, Franklin, and Union Counties, State of Ohio, of the elected members concurring, that: Section 1, The City Manager is hereby authorized to execute the attached Infrastructure Agreement with Gage Crossing II, LLC for the Gage Crossing development, in substantially the same form as attached, with changes not inconsistent with this Ordinance and not substantially adverse to the City and which shall be approved by the City Manager. The approval of changes thereto by those officials, and their character as not being substantially adverse to the City, shall be evidenced conclusively by their execution thereof. Section 2,. This Ordingonce shall take effect upon the earliest (late permitted by law. Pas�l thisla�`��day of fie.,bLa':aal12018. - / yor — Pre#dinc�bfficer ATTEST: le of Council City of Dublin Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 Phone: 614.410.4400 • Fax: 614.410.4490 Memo To: Members of Dublin City Council From: Dana L. McDaniel, City Manaqwv Date: January 18, 2018 Initiated By: Paul A. Hammersmith, P.E. Director of Engineering C. Aaron Stanford, P.E., Senior Civil Engineer Philip K. Hartmann, Assistant Law Director Re: Ordinance 03-18 — An Ordinance Authorizing the City Manager to Enter into an Infrastructure Agreement with Gage Crossing II, LLC, for the Gage Crossing Development Summary Gage Crossing II, LLC ("Developer') is currently proposing to develop a residential project on a site located in Columbus just east of Avery Road and to the south of the future Tuttle Crossing Boulevard extension, as shown in Figure 1 below. During the rezoning process through the City of Columbus, a Traffic Impact Study (TIS) was developed to identify traffic impacts and traffic mitigation strategies. This study and its recommendations have been reviewed and accepted by Dublin and the other municipal and county agencies having jurisdiction. 1 ° y City of Dublin � 1 i -s•• Air!' ..-. - ._. -- ' I� t Tudle rOS5l�1 blvd Am 1 1 •`�� M 1 ,;� ` - s Gage Crossing II M�1 r • i CYL L, VIA -9 City of Columbus 7 Figure 1. Gage Crossing II Site Location and Tuttle Crossing Blvd Extension Ordinance 03-18 — Infrastructure Agreement with Gage Crossing II LLC January 18, 2018 Page 2 of 2 The study found that there should be contributions from the Developer to the City of Dublin as followsm. If the Infrastructure Agreement is approved, staff would bring the easements identified in the agreement forward to City Council for approval. r Staff recommends approval of Ordinance 03-18 at the second reading/public hearing on February 12, 2018, authorizing the City Manager to enter into an Infrastructure Agreement with Gage Crossing II, LLC for the Gage Crossing residential developmenti, INFRASTRUCTURE AGREEMENT FOR THE GAGE CROSSING DEVELOPMENT This Infrastructure Agreement (the "Agreement) dated , 2017, by and between the CITY OF DUBLIN, OHIO ("Dubiiri), a municipal corporation duly organized and validly existing under the Constitution and laws of the State of Ohio (the "State) and its Charter and GAGE CROSSING LLC ("Deveiopei" and collectively with Dublin, the "Parties), a foreign limited liability company authorized to conduct business in the State of Ohio, witnesseth: WHEREAS, the Developer is presently engaged in the improvement of certain land and is desirous of contributing to public street infrastructure and related public facilities to service the apartments located in a development known as Gage Crossing (the "Development); WHEREAS, the Developer has commissioned a traffic impact study, titled "5300 Avery Road Site Traffic Study Update", prepared by EMH&T and dated August 2016, most recently revised November 4, 2016 ('ITIS) for the Development, that has been reviewed and accepted by Dublin and the other municipal and county agencies having jurisdiction; and WHEREAS, the Parties agree to enter into this Agreement relating to the contribution to certain transportation improvements to the surrounding roadway network to mitigate the impact of the additional traffic generated by the Development; and WHEREAS, the traffic impacts used in this Agreement to calculate cost contributions were developed based on the TIS prepared for the Development, and the Tuttle Crossing Boulevard extension and Avery Road widening project; NOW THEREFORE, the Parties covenant, agree and obligate themselves as follows: 1. The Developer agrees to contribute $31,089 for the left turn lane from Tuttle Crossing Boulevard into the site as identified in the TIS. This improvement shall be constructed by Dublin as part of the Tuttle Crossing Boulevard extension and Avery Road widening project. This contribution shall be paid to Dublin contemporaneously with the execution of this Agreement. 2. The Developer agrees to contribute $11,897, in lieu of constructing a sidewalk along Avery Road site frontage. This improvement shall be constructed by Dublin as part of the Tuttle Crossing Boulevard extension and Avery Road widening project. This contribution shall be paid to Dublin contemporaneously with the execution of this Agreement. 3. The Developer agrees to construct two driveways and driveway aprons from the Development to intersect Tuttle Crossing Boulevard, as identified in the TIS (the "Driveways'). The Driveways shall be constructed by the Developer. The western driveway is restricted to right -in and right -out only turning movements. The eastern driveway is required to be centered on the eastern Development parcel line. 4. The Parties agree that the Development will access Tuttle Crossing Boulevard, via the aforementioned driveways, through land owned by Dublin, subject to the approval of the City Engineer. Dublin and the Developer agree to enter into access and sidewalk easements in a form similar to the attached Exhibit "A". 5. The Developer agrees to donate, at no cost, all permanent right-of-way, shared highway easement, sewer easement, and channel easement needed from the Development site for the necessary improvements of the Tuttle Crossing Boulevard extension and Avery Road widening project, as referenced in Exhibit B. The channel easement will be vacated after the associated drainage is accommodated, to the satisfaction of the City Engineer, by the private development site. 6. The Developer will submit detailed plans and specifications, for the Driveways to be installed by the Developer to Dublin for their review and approval. No work shall begin until such time that Dublin has granted the appropriate approval of the plans and specifications for the Driveways. Page 1 of 4 INFRASTRUCTURE AGREEMENT FOR THE GAGE CROSSING DEVELOPMENT DATE OF AGREEMENT: 7. The Developer shall repair, replace, or correct all or any part of the Driveways within the public right-of-way adjacent to the Development and referenced in Paragraph 3 that have been improperly installed or which have been proven faulty. Dublin will provide written notice to the Developer of any needed repairs or replacements and the Developer shall complete said repairs and replacements within a reasonable amount of time, weather permitting. 8. Indemnification and Hold Harmless. The Developer agrees to defend, indemnify, protect and hold harmless Dublin, their elected officials, officers, employees, agents, and volunteers from and against any liability for all actions, claims, losses, damages, costs and/or expenses (including reasonable attorney's fees) to the extent that such actions, claims, losses, damages, costs and/or expenses arise out or are in any way caused by the performance or non-performance of this Agreement, either directly or indirectly, irrespective of whether such actions, claims, losses, damages, costs and/or expenses are caused by the acts, omissions or conduct of the Developer or its employees, agents and representatives. 9. Notices. Except as otherwise specifically set forth in this Agreement, notices, demands, requests, consents or approvals given, required or permitted to be given hereunder shall be in writing and shall be deemed sufficiently given if actually received or if hand -delivered or sent by recognized, overnight delivery service or by certified mail, postage prepaid and return receipt requested, addressed to the other Parties at the addresses set forth in this Agreement or any addendum to or counterpart of this Agreement, or to such other addresses as the recipients shall have previously notified the sender of in writing, and shall be deemed received upon actual receipt, unless sent by certified mail, in which event such notice shall be deemed to have been received when the return receipt is signed or refused. A duplicate copy of each notice, certificate, request or other communication given hereunder to the Parties shall be given also to the others. The Parties, by notice given hereunder, may designate any further or different addresses to which subsequent notices, certificate, requests or other communications shall be sent. (a) As to Dublin: City of Dublin, Ohio Attention: Director of Engineering 5800 Shier -Rings Road Dublin, Ohio 43016-7295 (b) As to Developer: Gage Crossing LLC Attention: Rowland S. Giller III 470 Olde Worthington Road, Suite 100 Westerville, OH 43082 10. Extent of Provisions Regarding the Parties; No Personal Liability. No representation, warranty, covenant, agreement, obligation or stipulation contained in this Agreement shall be deemed to constitute a representation, warranty, covenant, agreement, obligation or stipulation of any present or future official, member, officer, agent or employee of the Parties in an individual capacity, and to the extent authorized and permitted by applicable law, no official executing or approving the Parties' participation in this Agreement shall be liable personally under this Agreement or be subject to any personal liability or accountability by reason of the issuance thereof. 11. Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon the Parties, and their respective permitted successors and assigns. The Parties will observe and perform faithfully at all times all covenants, agreements and obligations under this Agreement. This Agreement may be amended only by a writing signed by authorized representatives of all Parties. 12. Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to the principles thereof relating to conflicts or choice of laws. Page 2 of 4 INFRASTRUCTURE AGREEMENT FOR THE GAGE CROSSING DEVELOPMENT DATE OF AGREEMENT: IN WITNESS WHEREOF, Dublin and the Developer have caused this Agreement to be executed in their respective names by their duly authorized representatives, all as of the date written above. Developer: Gage Crossing LLC By: Metro Development LLC am Donald R. Kenney, Manager City of Dublin, Ohio Signature Date Dana L. McDaniel, City Manager Approved as to form: Signature Date Jennifer D. Readler, Law Director Page 3 of 4 INFRASTRUCTURE AGREEMENT FOR THE GAGE CROSSING DEVELOPMENT DATE OF AGREEMENT: 0127206.0607929 4832-7303-9193v1 Page 4 of 4 EXHIBIT "A" Portion above reserved for County Recorder, Engineer and Auditor's Offices Use GRANT OF ACCESS EASEMENT THIS GRANT OF ACCESS EASEMENT (the "Easement") is made and entered into this __ day of 2018, by and between the CITY OF DUBLIN, OHIO, an Ohio municipal corporation ("Grantor" or the "City"), having an office at 5200 Emerald Parkway, Dublin, Ohio 43017-1006, and GAGE CROSSING II LLC, a domestic limited liability company authorized to conduct business in the State of Ohio, ("Grantee"). BACKGROUND INFORMATION WHEREAS, Grantor owns the real property described on the attached Exhibit "A" (the "Grantor's Property"); WHEREAS, Grantee desires access easements over those portions of the Grantor's Property legally described on the attached Exhibit `B" and depicted on the attached Exhibit "C" (the "Easement Area"); and WHEREAS, Grantor desires to grant an access and sidewalk easement over the Easement Area for the benefit of Grantee upon the terms and conditions set forth in this Easement. STATEMENT OF AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the foregoing Background Information and as follows: 1. Grant of Permanent Easement. Grantor grants to Grantee, its agents, employees, independent contractors, and successors and assigns, a permanent, non-exclusive easement in, through, over and under the Easement Area for continuous and unobstructed access to its property located in Columbus, Ohio, identified as Franklin County parcel number 010-297197- 00, as described on the attached Exhibit "D" and depicted on the attached Exhibit "E." 2. Relationship of Parties. Nothing contained herein shall be deemed or construed by the parties or by any third party as creating the relationship of principal and agent, of partnership or of joint venture between the parties, it being understood and agreed that no provision contained herein or any act of the parties hereto shall be deemed to create any relationship other than grantor and grantee of the rights and easements set forth herein. 3. Waiver. Except to the extent that a party may have otherwise agreed in writing, no waiver by such party of any breach of the other party of any of its obligations, agreements, or covenants hereunder shall be deemed to be a waiver of any subsequent breach of the same or of any other covenants, agreements, or obligations, nor shall any forbearance by a party to seek a remedy for any breach by the other party be deemed a waiver of any rights or remedies with respectto such breach or any similar breach in the future. 4. Severability. In the event any provision of this Easement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 1 5. Captions and Pronoun Usage. The captions and section numbers in this Easement are for convenience only and shall not be deemed to be a part hereof. The pronouns used herein shall be considered as meaning the person, number, and gender appropriate under the circumstances at any given time. 6. Governing Law. This Easement shall be governed by and construed in accordance with the laws of the State of Ohio. 7. Modification. This Easement, or any easement or covenant set forth herein, may not be amended, terminated, rescinded or otherwise modified, in whole or in part, except by a written instrument executed by the parties hereto and recorded with the Recorder's Office, Fairfield County, Ohio with reference made to this Easement. 8. Benefit. This Easement shall run with the land and inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. 9. Authority. Grantor represents and warrants that it has the full right and authority to enter into this Easement and to grant the rights hereby conveyed to Grantees. IN WITNESS WHEREOF, the parties hereto have set their hands as of the date set forth above. GRANTEE: Gage Crossing II LLC, a domestic limited liability company Name: Its: GRANTOR: City of Dublin, Ohio, an Ohio Municipal Corporation Dana L. McDaniel, City Manager (ACKNouEEDGEMENTSONTHEFOLLowiNGPAGE) 2 STATEOFOHIO COUNTYOF FRANKLIN )SS: BE IT REbIIImmm, that on this day of 2018, before me, the subscriber, a Notary Public in and for said County, personally came the above named , the , on behalf of GAGE CROSSING II LLC, a domestic limited liability company, authorized to do business in the State of Ohio and Grantee in the foregoing Easement, and acknowledged the signing of the same to be his/her voluntary act and deed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal, on the day and year last aforesaid. Notary Public State of Ohio ) County of ) SS: Be It Remembered, that on this day of 1 2018, before me, the subscriber, a Notary Public in and for said county and state, personally came Dana L. McDaniel, City Manager of the City of Dublin, Ohio, an Ohio municipal corporation and Grantor in the foregoing Easement, who acknowledged the signing thereof to be his free act and deed for and on behalf of the municipal corporation. In Testimony Whereof, I have hereunto subscribed my name and affixed my official seal on the day and year last aforesaid. This Instrument Prepared By: Frost Brown Todd LLC One Columbus 10 West Broad Street Columbus, Ohio 43215 0127206.0607868 4822-7677-6007v5 3 Notary Public EXHIBIT "A" Situated in the Slate of Ohio, in the County of Franklin, and in the Township of Washington: Being in V.M.S. No. 3004, and being 6.0808 au Cs A 011 near the south margin of the Thedl Clegg 62.480 acre parcel, and being further described as follows: From it railroad spike set in the centerline of Averp Road (80% some said railroad spike being on the westward projection of the south margin of Cara Road (601); thence proceed S. 089 22. 00" W. along said Avery Read centerline, 1307.50 feet to a cement nail, the true point of beginning; thence S. X1038' 00" E. 151.17 feet to an iron pin, passing on iron pin at 40.00 ferry thence N, 830 29' 21" E. 1,454.74 feet to an iron pin; thence S. 06° 49' 02" E. 160.00 feet t0 an iron pin; thence S. X30 29' 21" W. 1,593A4 feet to an iron pin; thence N. 810 38. 00" W. 59.12 feet to a cement nail in said centerline of Avery Road, and passing an iron pin at 19.12 feet; thence N. 08022' 00" E. along said Avery Road 190.00 feet tNe paint of beginning, containing 6.057 acres. i *AV :u:11a:3 DESCRIPTION OF 0.010 ACRE ACCESS EASEMENT :l /7 Civil & Environmental Consultants, Inc. Situated in the State of Ohio, County of Franklin, City of Columbus, located within Virginia Military Survey 3004, and being an easement that lies over and across part of that 6.057 acre tract as described in deed to the City of Dublin, of record in Instrument Number 200605190097737, all being of record in the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows: BEGINNING at the common corner of that 9.606 acre tract as described in deed to Gage Crossing LLC, of record in Instrument Number 201702220024904 and said 6.057 acres, being in the westerly line of that 51.387 acre tract as described in deed to Wilcox -Tuttle Limited Partnership, of record in Official Record 14758 H17; Thence South 85°47'21" West, with the common line of said 9.606 acres and said 6.057 acres, a distance of 28.00 feet, to a point; Thence through said 6.057 acre tract, the following courses: North 04°27'38" East, a distance of 28.00 feet, to a point; North 85°47'21" East, a distance of 15.00 feet, to a point in the common line of said 6.057 acres and said 51.387 acres; Thence South 04°27'38" East, with aforesaid common line, a distance of 28.00 feet, to the POINT OF TRUE BEGINNING, and containing 0.010 acres, more or less. The bearings shown above are based on the bearing of North 10°44'47" East for the centerline of Avery Road in between Franklin County Monuments 1934 and 8855, as determined by GPS observations using ODOT VRS, based on NAD 83 (2011), Ohio State Plane South Zone, at the time of the survey. C2 MARK ALAN - SMITH _ A S-8232 p GISTE SS�ONALs; 0\ :111111% CIVIL & ENVIRONMENTAL CONSULTANTS, INC. Mark Alan Smith, P.S. Date Registered Surveyor No. 8232 Page 1 of 1 File Name: 162965-SV01-DESC_ESMT_ACC_0.010.docx #17 250 Old Wilson Bridge Road, Suite 250 1 Worthington, Ohio 43085 1 p: 614-540-6633 f: 614-540-6638 1 www.cecinc.com EXHIBIT C P.-\2016\ 162-965 \ -Survey � Dwg � 162965-S O I -ESMT-ACCESS-3.dwg{L4 YOUT2f LS•(6/20/2017 - obenson) - LP.- 6/20/2017 4.26 PM -0 DO O C -0 � r (mDf� R D < ���Nr VERY w ao V cn z _ ARIES ^, _K o < m ~� 1 1 z o o z cocn D I ti Q O Z 0 N -� VQ I co czi svo hCLn n I J 47IT.V� om U) 0 z m O z � m m q ``%�11�11/��, %% j►' I �► "9 Li —�GO N � . > �� IJ 2ZX yo 'L5 (� I r tC► ` _ r,fl I RlIitIt D m z N Cr C) r, o Q� 0 op C C- C: z (n o ■ m o o 1 No > wQ- 1 �I W m w C �• 2 (7 �C)W olo FA Do36�o1 w ►ti m 3 1 o pp 0 O o ~ m 1 al n C-) C - C2 D D C- MI O Z v O O O O O O OO O_ O_ -n OOO(O zG) nn 7 D MMm m E: ZM EjEjDD v6', > C7 n C) C ) 0 0m**mm g z� r-r-U)U z z 7 TN m m Z G) DD�U) I'Tl o mm O KKMg: m mmzz -a< OTD 2 W zN m—im m Cl) mWmvao Cl) z�o � 00 Wzo== o ca r*i m cn m N z ZDUZTO Z Dap OmE Z N `4 COin ZOO ,. Mmo z = N Zl �I m p D C)Z= ��0 N mp�mic O =O C O =cn zoo m� ODS D U) I o��4 m 0> o(n a'n n i DJ mm D �o m F- C) z C?� D y mn N r `° r,1 m m m of n V O d C°Cov]s OC�i�y D � -4 I L313 ICO D O 2 C7 0 m o ?:70 �n 7J I wad o D m > o w cn I �p4 O NI m I m y JI m �a I C) M m it m J 1 M cn -P, L4 N 0 CrO orp CD Cil � w r nml m z Z 0 m m z z m w z z w m Z Z r z 0 m o co op o m 0 0 o m o m o m o v v 14 v V v v N V N N v N N J N C) N N N N � m N � � � N � � N � D m -= N O - s z CO m m m m m m m m r m N N N N N N W N W N m Op Cn OD (J1 O CO O 00 O OU O ap O ap O 00 Z O O O O O O O O O O O O O 0 O O O O O O O O O O O O O O O O O O D m O m O < 77 0 zo r �c D Z -� r-�0 D Om -n MTrn U)D D (Z Z Vi <�rn mG Z zrn o�Z o O C) m n O r- 03 W c cn EXHIBIT D DESCRIPTION OF 9.606 ACRES Situated in the State of Ohio, County of Franklin, City of Columbus, located within Virginia Military Survey 3004, and being part of that 6.808 acre tract as described in deed to Bruce D. Bergmann, Trustee, of record in Oficial Record 21540 A20, and that 6.167 acre tract as described in deed to Bruce D. Bergmann, Trustee, of record in Oficial Record 21539 B17, all being of record in the Recorders Office, Franklin County, Ohio, and being more particularly described as follows: BEGINNING FOR REFERENCE at Franklin County Monument 1934 at the centerline intersection on Avery Road and Rings Road; Thence South 10144'47" West, with the centerline of Avery Road, a distance of 1538.45 feet to a mag nail set at the westerly common corner of said 6.808 acre tract and that 6.057 acre tract as described in deed to the City of Dublin, of record in Instrument Number 200605190097737; Thence South 79129'34" East, with the common line of said 6.808 acre tract and said 6.057 acre tract, a distance of 61.18 feet, passing a 34" iron pipe found at 42,28 feet, to a 3A" iron pipe found at an angle point in aforesaid common line; Thence North 85°47'21" East, continuing with the common line of said 6.808 acre tract and said 6.057 acre tract, a distance of 363.09 feet, to an iron pin set, being the POINT OF TRUE BEGINNING; Thence North 85°47'21" East, with aforesaid common line, a distance of 1230.59 feet, to a 1" iron pipe found, being 0.31 feet east, at the easterly common corner of said 6.808 acre tract and said 6.057 acre tract, being in the west line of that 51.387 acre tract as described in deed to Wilcox - Tuttle Limited Partnership, of record in Official Record 14758 H17; Thence South 04°27'38" East, with the easterly line of said 6.808 acre tract and said 6.167 acre tract, and the westerly line of said 51.387 acre tract, a distance of 315.32 feet, passing a 1" iron pipe found at 159.92 feet, to a 3/4" iron pipe found at the common corner of said 6.167 acre tract and said 51.387 acre tract, being in the north line of that 18.965 acre tract as described in deed to The Orchard at Wilcox, Ltd, of record in Instrument Number 200103270061621; Thence South 84°40'31" West, with the south line of said 6.167 acre tract, In part with the north line of said 18.965 acre tract, with the north line of that 6.379 acre tract as described in deed to The Pines at Tuttle Crossing 111, LLC, of record in Instrument Number 201309200160860, and part of the north line of that 30.00 acre tract as described in deed to A.R. Associates, of record in Official Record 11789104, a distance of 1323.21 feet, passing a 5/8" iron pin found capped "Bird & Bull" at a distance of 489.47 feet, to an iron pin set; Thence North 10043'41" East, though said 6.167 acre tract and said 6.808 acre tract, a distance of 352.97 feet, to the POINT OF TRUE BEGINNING, and containing 9.606 acres, mare or less. Subject to all easements, restrictions and right of way of record. All iron pins set are 5/8 -inch rebar, 30 inches in length, with a cap bearing the name "CEC". The bearings shown above are based on the bearing of North 10°4447" East for the centerline of Avery Road in between Franklin County Monuments 1934 and 8855, as determined by GPS observations using COOT VRS, based on NAD 83 (2011), Ohio State Plane South Zone, at the time of the survey EXHIBIT E R o Nno }}= _ UO W o y� y <� 3nb LLLLZ3 •0-0 y: 030 d�n� �i I dY X46 nw, F F F Ilk 3� gg b 0k1 K I 3 c• it L, k a 'Y fah y a i- e ^doy; sa ry Ci F a$ © _ _Li jl-�v A 3C O ro roa a�[a/mR,n -f-a,m/wtUs�/asp,nYri'a-,wsxn,IWl�„•s-I�sr.n, W,M:� Portion above reserved for County Recorder, Engineer and Auditor's Offices Use GRANT OF SIDEWALK EASEMENT THIS GRANT OF SIDEWALK EASEMENT (the "Easement") is made and entered into this day of 2018, by and between the CITY OF DUBLIN, OHIO, an Ohio municipal corporation ("Grantor" or the "City"), having an office at 5200 Emerald Parkway, Dublin, Ohio 43017-1006, and GAGE CROSSING II LLC, a domestic limited liability company authorized to conduct business in the State of Ohio, ("Grantee"). BACKGROUND INFORMATION WHEREAS, Grantor owns the real property described on the attached Exhibit "A" (the "Grantor's Property"); WHEREAS, Grantee desires a sidewalk easement over those portions of the Grantor's Property legally described on the attached Exhibit `B" and depicted on the attached Exhibit "C" (the "Easement Area"); and WHEREAS, Grantor desires to grant a sidewalk easement over the Easement Area for the benefit of Grantee upon the terms and conditions set forth in this Easement. STATEMENT OF AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the foregoing Background Information and as follows: 1. Grant of Permanent Easement. Grantor grants to Grantee, its agents, employees, independent contractors, and successors and assigns, a permanent, non-exclusive easement in, through, over and under the Easement Area for continuous and unobstructed use as a sidewalk access to its property located in Columbus, Ohio, identified as Franklin County parcel number 010-297197-00, as described on the attached Exhibit "D" and depicted on the attached Exhibit "E 2. Relationship of Parties. Nothing contained herein shall be deemed or construed by the parties or by any third party as creating the relationship of principal and agent, of partnership or of joint venture between the parties, it being understood and agreed that no provision contained herein or any act of the parties hereto shall be deemed to create any relationship other than grantor and grantee of the rights and easements set forth herein. 3. Waiver. Except to the extent that a party may have otherwise agreed in writing, no waiver by such party of any breach of the other party of any of its obligations, agreements, or covenants hereunder shall be deemed to be a waiver of any subsequent breach of the same or of any other covenants, agreements, or obligations, nor shall any forbearance by a party to seek a remedy for any breach by the other party be deemed a waiver of any rights or remedies with respectto such breach or any similar breach in the future. 4. Severability. In the event any provision of this Easement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 1 5. Captions and Pronoun Usage. The captions and section numbers in this Easement are for convenience only and shall not be deemed to be a part hereof. The pronouns used herein shall be considered as meaning the person, number, and gender appropriate under the circumstances at any given time. 6. Governing Law. This Easement shall be governed by and construed in accordance with the laws of the State of Ohio. 7. Modification. This Easement, or any easement or covenant set forth herein, may not be amended, terminated, rescinded or otherwise modified, in whole or in part, except by a written instrument executed by the parties hereto and recorded with the Recorder's Office, Fairfield County, Ohio with reference made to this Easement 8. Benefit. This Easement shall run with the land and inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. 9. Authority. Grantor represents and warrants that it has the full right and authority to enter into this Easement and to grant the rights hereby conveyed to Grantees. IN WITNESS WHEREOF, the parties hereto have set their hands as of the date set forth above. GRANTEE: Gage Crossing II LLC, a domestic limited liability company Name: Its: GRANTOR: City of Dublin, Ohio, an Ohio Municipal Corporation Dana L. McDaniel, City Manager (ACKNouEEDGEMENTSONTHEFOLLowiNGPAGE) 2 STATEOFOHIO COUNTYOF FRANKLIN )SS: BE IT REbIIImmm, that on this day of 2018, before me, the subscriber, a Notary Public in and for said County, personally came the above named , the , on behalf of GAGE CROSSING II LLC, a domestic limited liability company, authorized to do business in the State of Ohio and Grantee in the foregoing Easement, and acknowledged the signing of the same to be his/her voluntary act and deed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal, on the day and year last aforesaid. Notary Public State of Ohio ) County of ) SS: Be It Remembered, that on this day of 1 2018, before me, the subscriber, a Notary Public in and for said county and state, personally came Dana L. McDaniel, City Manager of the City of Dublin, Ohio, an Ohio municipal corporation and Grantor in the foregoing Easement, who acknowledged the signing thereof to be his free act and deed for and on behalf of the municipal corporation. In Testimony Whereof, I have hereunto subscribed my name and affixed my official seal on the day and year last aforesaid. This Instrument Prepared By: Frost Brown Todd LLC One Columbus 10 West Broad Street Columbus, Ohio 43215 0127206.0607868 4827-4934-1017v1 3 Notary Public EXHIBIT "A" Situated in the Slate of Ohio, in the County of Franklin, and in the Township of Washington: Being in V.M.S. No. 3004, and being 6.0808 au Cs A 011 near the south margin of the Thedl Clegg 62.480 acre parcel, and being further described as follows: From it railroad spike set in the centerline of Averp Road (80% some said railroad spike being on the westward projection of the south margin of Cara Road (601); thence proceed S. 089 22. 00" W. along said Avery Read centerline, 1307.50 feet to a cement nail, the true point of beginning; thence S. X1038' 00" E. 151.17 feet to an iron pin, passing on iron pin at 40.00 ferry thence N, 830 29' 21" E. 1,454.74 feet to an iron pin; thence S. 06° 49' 02" E. 160.00 feet t0 an iron pin; thence S. X30 29' 21" W. 1,593A4 feet to an iron pin; thence N. 810 38. 00" W. 59.12 feet to a cement nail in said centerline of Avery Road, and passing an iron pin at 19.12 feet; thence N. 08022' 00" E. along said Avery Road 190.00 feet tNe paint of beginning, containing 6.057 acres. EXHIBIT B DESCRIPTION OF 0.006 ACRE WALK EASEMENT I'I A �1 / Civil & Environmental Consultants, Inc. Situated in the State of Ohio, County of Franklin, City of Columbus, located within Virginia Military Survey 3004, and being an easement that lies over and across part of that 6.057 acre tract as described in deed to the City of Dublin, of record in Instrument Number 200605190097737, all being of record in the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows: BEGINNING FOR REFERENCE at the northerly common corner of that 9.606 acre tract as described in deed to Gage Crossing LLC, of record in Instrument Number 201702220024904 and that 2.717 acre tract as described in deed to Gage Crossing II LLC, of record in Instrument Number 20170222024905, being in the southerly line of said 6.057 acres; Thence North 85°47'21" East, with the common line of said 9.606 acres and said 6.057 acres, a distance of 882.32 feet, to the POINT OF TRUE BEGINNING; Thence through said 6.057 acre tract, the following courses: North 04°12'39" East, a distance of 28.00 feet, to a point; North 85°47'21" East, a distance of 10.00 feet, to a point; South 04°12'39" East, a distance of 28.00 feet, to a point in the common line of said 9.606 acres and said 6.057 acres; Thence South 85°47'21" West, with aforesaid common line, a distance of 30.00 feet, to the POINT OF TRUE BEGINNING, and containing 0.006 acres, more or less. The bearings shown above are based on the bearing of North 10°44'47" East for the centerline of Avery Road in between Franklin County Monuments 1934 and 8855, as determined by GPS observations using ODOT VRS, based on NAD 83 (2011), Ohio State Plane South Zone, at the time of the survey. IIIIItII E aFP', MARK ALAN - SMITH = Ci S-8232 0 s JJAL SV��• CIVIL & ENVIRONMENTAL CONSULTANTS, INC. tV10AI<D 6 Mark Alan Smith, P.S. Registered Surveyor No. 8232 File Name: 162965-SV01-DESC_ESMT_WALK_0.006_E.docx Date Page 1 of 1 250 Old Wilson Bridge Road, Suite 250 1 Worthington, Ohio 43085 1 p: 614-540-6633 f: 614-540-6638 1 www.cecinc.com EXHIBIT C P.•�2016, 162-965-Survey�Dwg� 162965-SVOl-ESMT ACCESS-3.dwgfLAYOUT2J LS.•(6/20/2017 - obenson) - LP.- 6/20/2017 4.26 PM � � n D 9 A r U) D Z z z D O C 2 Z < z o 0 O z .. cn C: U) r D ODCA Z N N Z C) AVERY 0 D -'GHr�VARrCS D � m � _ z 0° C C '< O p„aw O a � cn c o r�• C- C: z ■ �C o m o 0 p , o do w m Cw� C O m 0 CM) o � o m Do�6�p� 1 m co00 0 00 o pp O o 1 0o C C- o D D � v 0 C- m O 0+ m Z 0 O O .5 O O O O O O O_ O_ -n - OOOCfl z� nn �D mmmm K zrn E55DD (onUU)Onm m00 C:0p ��m � r r U) U) z �z �7smm mo o0DDww :. ��mm O KKmm mmzz -o< O cn D D --A W mW Mmv co N oPOz� _m m__ a o cum m cn m NZ -< D z D Z> 0 Z (.A CU Z O 0 =n Mmom z M O D 0 Z= 0 U) K_-'OD;u OO(n ;=X mM C:-<— < o m(n Zp0: m -c)DD (nmol Jm D < o (n 8 E. ZC) 0 ii m �m I ILl 4 T 3 V J O D O I 0° 0 I "L5rm(0 L7 c�i) n I M r { >m CD M � rn 1I Z D 1 � I mm rn a i m oI Na n NI �o A� r to n o I v } I� o C) o 0 1 0 or 1Cl)mD � mm I Do N Cl) 4 M WI E�: D n JI Z Cl) M m r j 4� m z L r rn D m O m O < 2 7o O Zor >cD z -� r�0 y o -n Di -n m C/) D CZ Z Vi <�m < z Zm OZ Z C, 0 0 o .n 0 O r c W c (n WW N N � O 0 ((0 oro j m u w �i fm Tl (n Z Z (n (n m Z Z (n N Z Z m m Z Z F- Z 0 O 00 00 O m O m O m O m 0 m O N N 4%-� m V -4 V J -4 N v N 4 N v N v N J N N N N N (,7 Na N N N C D � cWD cWD z m m:E m m m rn m m m m N N N N N N W N W N m 00 Cn 00 CT O 00 O 0o O 0o O 00 O 00 O 00 z O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O D m O m O < 2 7o O Zor >cD z -� r�0 y o -n Di -n m C/) D CZ Z Vi <�m < z Zm OZ Z C, 0 0 o .n 0 O r c W c (n EXHIBIT D DESCRIPTION OF 9.606 ACRES Situated in the State of Ohio, County of Franklin, City of Columbus, located within Virginia Military Survey 3004, and being part of that 6.808 acre tract as described in deed to Bruce D. Bergmann, Trustee, of record in Oficial Record 21540 A20, and that 6.167 acre tract as described in deed to Bruce D. Bergmann, Trustee, of record in Oficial Record 21539 B17, all being of record in the Recorders Office, Franklin County, Ohio, and being more particularly described as follows: BEGINNING FOR REFERENCE at Franklin County Monument 1934 at the centerline intersection on Avery Road and Rings Road; Thence South 10144'47" West, with the centerline of Avery Road, a distance of 1538.45 feet to a mag nail set at the westerly common corner of said 6.808 acre tract and that 6.057 acre tract as described in deed to the City of Dublin, of record in Instrument Number 200605190097737; Thence South 79129'34" East, with the common line of said 6.808 acre tract and said 6.057 acre tract, a distance of 61.18 feet, passing a 34" iron pipe found at 42,28 feet, to a 3A" iron pipe found at an angle point in aforesaid common line; Thence North 85°47'21" East, continuing with the common line of said 6.808 acre tract and said 6.057 acre tract, a distance of 363.09 feet, to an iron pin set, being the POINT OF TRUE BEGINNING; Thence North 85°47'21" East, with aforesaid common line, a distance of 1230.59 feet, to a 1" iron pipe found, being 0.31 feet east, at the easterly common corner of said 6.808 acre tract and said 6.057 acre tract, being in the west line of that 51.387 acre tract as described in deed to Wilcox - Tuttle Limited Partnership, of record in Official Record 14758 H17; Thence South 04°27'38" East, with the easterly line of said 6.808 acre tract and said 6.167 acre tract, and the westerly line of said 51.387 acre tract, a distance of 315.32 feet, passing a 1" iron pipe found at 159.92 feet, to a 3/4" iron pipe found at the common corner of said 6.167 acre tract and said 51.387 acre tract, being in the north line of that 18.965 acre tract as described in deed to The Orchard at Wilcox, Ltd, of record in Instrument Number 200103270061621; Thence South 84°40'31" West, with the south line of said 6.167 acre tract, In part with the north line of said 18.965 acre tract, with the north line of that 6.379 acre tract as described in deed to The Pines at Tuttle Crossing 111, LLC, of record in Instrument Number 201309200160860, and part of the north line of that 30.00 acre tract as described in deed to A.R. Associates, of record in Official Record 11789104, a distance of 1323.21 feet, passing a 5/8" iron pin found capped "Bird & Bull" at a distance of 489.47 feet, to an iron pin set; Thence North 10043'41" East, though said 6.167 acre tract and said 6.808 acre tract, a distance of 352.97 feet, to the POINT OF TRUE BEGINNING, and containing 9.606 acres, mare or less. Subject to all easements, restrictions and right of way of record. All iron pins set are 5/8 -inch rebar, 30 inches in length, with a cap bearing the name "CEC". The bearings shown above are based on the bearing of North 10°4447" East for the centerline of Avery Road in between Franklin County Monuments 1934 and 8855, as determined by GPS observations using COOT VRS, based on NAD 83 (2011), Ohio State Plane South Zone, at the time of the survey EXHIBIT E R o Nno }}= _ UO W o y� y <� 3nb LLLLZ3 •0-0 y: 030 d�n� �i I dY X46 nw, F F F Ilk 3� gg b 0k1 K I 3 c• it L, k a 'Y fah y a i- e ^doy; sa ry Ci F a$ © _ _Li jl-�v A 3C O ro roa a�[a/mR,n -f-a,m/wtUs�/asp,nYri'a-,wsxn,IWl�„•s-I�sr.n, W,M:� Portion above reserved for County Recorder, Engineer and Auditor's Offices Use GRANT OF SIDEWALK EASEMENT THIS GRANT OF SIDEWALK EASEMENT (the "Easement") is made and entered into this day of 2018, by and between the CITY OF DUBLIN, OHIO, an Ohio municipal corporation ("Grantor" or the "City"), having an office at 5200 Emerald Parkway, Dublin, Ohio 43017-1006, and GAGE CROSSING II LLC, a domestic limited liability company authorized to conduct business in the State of Ohio, ("Grantee"). BACKGROUND INFORMATION WHEREAS, Grantor owns the real property described on the attached Exhibit "A" (the "Grantor's Property"); WHEREAS, Grantee desires a sidewalk easement over those portions of the Grantor's Property legally described on the attached Exhibit `B" and depicted on the attached Exhibit "C" (the "Easement Area"); and WHEREAS, Grantor desires to grant a sidewalk easement over the Easement Area for the benefit of Grantee upon the terms and conditions set forth in this Easement. STATEMENT OF AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the foregoing Background Information and as follows: 1. Grant of Permanent Easement. Grantor grants to Grantee, its agents, employees, independent contractors, and successors and assigns, a permanent, non-exclusive easement in, through, over and under the Easement Area for continuous and unobstructed use as a sidewalk access to its property located in Columbus, Ohio, identified as Franklin County parcel number 010-297197-00, as described on the attached Exhibit "D" and depicted on the attached Exhibit "E 2. Relationship of Parties. Nothing contained herein shall be deemed or construed by the parties or by any third party as creating the relationship of principal and agent, of partnership or of joint venture between the parties, it being understood and agreed that no provision contained herein or any act of the parties hereto shall be deemed to create any relationship other than grantor and grantee of the rights and easements set forth herein. 3. Waiver. Except to the extent that a party may have otherwise agreed in writing, no waiver by such party of any breach of the other party of any of its obligations, agreements, or covenants hereunder shall be deemed to be a waiver of any subsequent breach of the same or of any other covenants, agreements, or obligations, nor shall any forbearance by a party to seek a remedy for any breach by the other party be deemed a waiver of any rights or remedies with respectto such breach or any similar breach in the future. 4. Severability. In the event any provision of this Easement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 1 5. Captions and Pronoun Usage. The captions and section numbers in this Easement are for convenience only and shall not be deemed to be a part hereof. The pronouns used herein shall be considered as meaning the person, number, and gender appropriate under the circumstances at any given time. 6. Governing Law. This Easement shall be governed by and construed in accordance with the laws of the State of Ohio. 7. Modification. This Easement, or any easement or covenant set forth herein, may not be amended, terminated, rescinded or otherwise modified, in whole or in part, except by a written instrument executed by the parties hereto and recorded with the Recorder's Office, Fairfield County, Ohio with reference made to this Easement 8. Benefit. This Easement shall run with the land and inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. 9. Authority. Grantor represents and warrants that it has the full right and authority to enter into this Easement and to grant the rights hereby conveyed to Grantees. IN WITNESS WHEREOF, the parties hereto have set their hands as of the date set forth above. GRANTEE: Gage Crossing II LLC, a domestic limited liability company Name: Its: GRANTOR: City of Dublin, Ohio, an Ohio Municipal Corporation Dana L. McDaniel, City Manager (ACKNouEEDGEMENTSONTHEFOLLowiNGPAGE) 2 STATEOFOHIO COUNTYOF FRANKLIN )SS: BE IT REbIIImmm, that on this day of 2018, before me, the subscriber, a Notary Public in and for said County, personally came the above named , the , on behalf of GAGE CROSSING II LLC, a domestic limited liability company, authorized to do business in the State of Ohio and Grantee in the foregoing Easement, and acknowledged the signing of the same to be his/her voluntary act and deed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal, on the day and year last aforesaid. Notary Public State of Ohio ) County of ) SS: Be It Remembered, that on this day of 1 2018, before me, the subscriber, a Notary Public in and for said county and state, personally came Dana L. McDaniel, City Manager of the City of Dublin, Ohio, an Ohio municipal corporation and Grantor in the foregoing Easement, who acknowledged the signing thereof to be his free act and deed for and on behalf of the municipal corporation. In Testimony Whereof, I have hereunto subscribed my name and affixed my official seal on the day and year last aforesaid. This Instrument Prepared By: Frost Brown Todd LLC One Columbus 10 West Broad Street Columbus, Ohio 43215 0127206.0607868 4827-4934-1017v1 3 Notary Public EXHIBIT "A" Situated in the Slate of Ohio, in the County of Franklin, and in the Township of Washington: Being in V.M.S. No. 3004, and being 6.0808 au Cs A 011 near the south margin of the Thedl Clegg 62.480 acre parcel, and being further described as follows: From it railroad spike set in the centerline of Averp Road (80% some said railroad spike being on the westward projection of the south margin of Cara Road (601); thence proceed S. 089 22. 00" W. along said Avery Read centerline, 1307.50 feet to a cement nail, the true point of beginning; thence S. X1038' 00" E. 151.17 feet to an iron pin, passing on iron pin at 40.00 ferry thence N, 830 29' 21" E. 1,454.74 feet to an iron pin; thence S. 06° 49' 02" E. 160.00 feet t0 an iron pin; thence S. X30 29' 21" W. 1,593A4 feet to an iron pin; thence N. 810 38. 00" W. 59.12 feet to a cement nail in said centerline of Avery Road, and passing an iron pin at 19.12 feet; thence N. 08022' 00" E. along said Avery Road 190.00 feet tNe paint of beginning, containing 6.057 acres. .w.A�tw; s w � . Civil & Environmental Consultants, Inc. DESCRIPTION OF 0.006 ACRE WALK EASEMENT Situated in the State of Ohio, County of Franklin, City of Columbus, located within Virginia Military Survey 3004, and being an easement that lies over and across part of that 6.057 acre tract as described in deed to the City of Dublin, of record in Instrument Number 200605190097737, all being of record in the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows: BEGINNING FOR REFERENCE at the northerly common corner of that 9.606 acre tract as described in deed to Gage Crossing LLC, of record in Instrument Number 201702220024904 and that 2.717 acre tract as described in deed to Gage Crossing II LLC, of record in Instrument Number 20170222024905, being in the southerly line of said 6.057 acres; Thence North 85°47'21" East, with the common line of said 9.606 acres and said 6.057 acres, a distance of 252.00 feet, to the POINT OF TRUE BEGINNING; Thence through said 6.057 acre tract, the following courses: North 04°12'39" East, a distance of 28.00 feet, to a point; North 85°47'21" East, a distance of 10.00 feet, to a point; South 04°12'39" East, a distance of 28.00 feet, to a point in the common line of said 9.606 acres and said 6.057 acres; Thence South 85°47'21" West, with aforesaid common line, a distance of 30.00 feet, to the POINT OF TRUE BEGINNING, and containing 0.006 acres, more or less. The bearings shown above are based on the bearing of North 10°44'47" East for the centerline of Avery Road in between Franklin County Monuments 1934 and 8855, as determined by GPS observations using ODOT VRS, based on NAD 83 (2011), Ohio State Plane South Zone, at the time of the survey. IL1%11 OP co MARK ALAN SMITH o S-8232 k ., NAL SVQ:� 241 Mark Alan Smith, P.S. Date Registered Surveyor No. 8232 Page 1 of 1 File Name: 162965-SVOI-DESC ESMT WALK 0.006.docx 250 Old Wilson Bridge Road, Suite 250 1 Worthington, Ohio 43085 1 p: 614-540-6633 f: 614-540-6638 1 www.cecinc.com EXHIBIT C P:12016l 162-965-Suivey�Dwg� 162965-SVOf-ESMT-ACCESS_3.dwg[LAYOUT2J LS.•(6/20/2017 - obenson) - LP.- 6/20/2017 4.26 PM � � n D Om A m D z z < r -Ko = Z < z O r n z O O Z U) c U I D Qo z N N (n z n O +�Nr of''ROaa > z m 0 a O Z m = O Z� �N,) Vzo asAV S Q .SS30ad����,,�� �a =� b n ti� w %Qip /Vy �0%% D � � W � m D O G- aro 07 rn C -n C � .� o � r r ri m OL Rp z cn cn m z D C C�oz F— i' 'COD m N)> o o (3, 1 z CID M M 0 ao ao 0 �+ ,, C G =0 m n31 W N m cl) C7 0 i o D o 6� p 1 m003 o pp O 1 �a N o D N NCA D 0 O i m O O O O 00 O_ O_ 1l O O O CO Z G) n n ;,�D mmmm K Z c/) c/) cin > nC� m Mnn � 00 mm z� r�cf) cf) G) �z mm 0 cn:. _ c/)CDmm O �Kmm m m z z —A � --4 -a<vrnD = W zN M -1m m U) mW ;13m O co N cn >DoT �v o-1 zi m N Z -< D N ZooZ�0 Z Dao om]z Zin W m Z O O �..mm0 z m O < 0 m = D -::I m z 0 N K:- ODS m0zm=c OO C O =cn zap m�a> D cnm0� 4m O 713 D o cn F. ou O Z I ao Cn I � v O O = ] W _m Q I I Inti 3 � o m o n o cn .L r m D r—i U) D I m r U cn n O m� m m cc/) O Do m <_ O 1 mO Z �n -1 Z_ t Hca mm 0) ? i �0 `'' I o -n M cn D D Atz) C Z U) � �m I Z %4 zC) m Z O I C,o p I� � m N 0 D o n Ci o O C) c r cn D mMc l o D m cn D o cn I CA D0 JI Z cn :D -i I mm m ` z 1 rn C7 0 � W N � O G- aro rn crit w .� r r ri m z z cn cn m z F— z M M 0 ao ao 0 m 0 ao o m 0 m 0 m 0 IM N NCA N N N NU N N D co s Q O m = = = z m m g m m m m m m r m N N N N N N W N W N m aD U oo - O go O go O go O go O ao O Oo z O O O O O O O O CIO O O O O O O O O O O O O O O O O O O O O O O EXHIBIT D DESCRIPTION OF 9.606 ACRES Situated in the State of Ohio, County of Franklin, City of Columbus, located within Virginia Military Survey 3004, and being part of that 6.808 acre tract as described in deed to Bruce D. Bergmann, Trustee, of record in Oficial Record 21540 A20, and that 6.167 acre tract as described in deed to Bruce D. Bergmann, Trustee, of record in Oficial Record 21539 B17, all being of record in the Recorders Office, Franklin County, Ohio, and being more particularly described as follows: BEGINNING FOR REFERENCE at Franklin County Monument 1934 at the centerline intersection on Avery Road and Rings Road; Thence South 10144'47" West, with the centerline of Avery Road, a distance of 1538.45 feet to a mag nail set at the westerly common corner of said 6.808 acre tract and that 6.057 acre tract as described in deed to the City of Dublin, of record in Instrument Number 200605190097737; Thence South 79129'34" East, with the common line of said 6.808 acre tract and said 6.057 acre tract, a distance of 61.18 feet, passing a 34" iron pipe found at 42,28 feet, to a 3A" iron pipe found at an angle point in aforesaid common line; Thence North 85°47'21" East, continuing with the common line of said 6.808 acre tract and said 6.057 acre tract, a distance of 363.09 feet, to an iron pin set, being the POINT OF TRUE BEGINNING; Thence North 85°47'21" East, with aforesaid common line, a distance of 1230.59 feet, to a 1" iron pipe found, being 0.31 feet east, at the easterly common corner of said 6.808 acre tract and said 6.057 acre tract, being in the west line of that 51.387 acre tract as described in deed to Wilcox - Tuttle Limited Partnership, of record in Official Record 14758 H17; Thence South 04°27'38" East, with the easterly line of said 6.808 acre tract and said 6.167 acre tract, and the westerly line of said 51.387 acre tract, a distance of 315.32 feet, passing a 1" iron pipe found at 159.92 feet, to a 3/4" iron pipe found at the common corner of said 6.167 acre tract and said 51.387 acre tract, being in the north line of that 18.965 acre tract as described in deed to The Orchard at Wilcox, Ltd, of record in Instrument Number 200103270061621; Thence South 84°40'31" West, with the south line of said 6.167 acre tract, In part with the north line of said 18.965 acre tract, with the north line of that 6.379 acre tract as described in deed to The Pines at Tuttle Crossing 111, LLC, of record in Instrument Number 201309200160860, and part of the north line of that 30.00 acre tract as described in deed to A.R. Associates, of record in Official Record 11789104, a distance of 1323.21 feet, passing a 5/8" iron pin found capped "Bird & Bull" at a distance of 489.47 feet, to an iron pin set; Thence North 10043'41" East, though said 6.167 acre tract and said 6.808 acre tract, a distance of 352.97 feet, to the POINT OF TRUE BEGINNING, and containing 9.606 acres, mare or less. Subject to all easements, restrictions and right of way of record. All iron pins set are 5/8 -inch rebar, 30 inches in length, with a cap bearing the name "CEC". The bearings shown above are based on the bearing of North 10°4447" East for the centerline of Avery Road in between Franklin County Monuments 1934 and 8855, as determined by GPS observations using COOT VRS, based on NAD 83 (2011), Ohio State Plane South Zone, at the time of the survey EXHIBIT E R o Nno }}= _ UO W o y� y <� 3nb LLLLZ3 •0-0 y: 030 d�n� �i I dY X46 nw, F F F Ilk 3� gg b 0k1 K I 3 c• it L, k a 'Y fah y a i- e ^doy; sa ry Ci F a$ © _ _Li jl-�v A 3C O ro roa a�[a/mR,n -f-a,m/wtUs�/asp,nYri'a-,wsxn,IWl�„•s-I�sr.n, W,M:� Portion above reserved for County Recorder, Engineer and Auditor's Offices Use GRANT OF ACCESS EASEMENT THIS GRANT OF ACCESS EASEMENT (the "Easement") is made and entered into this __ day of 2018, by and between the CITY OF DUBLIN, OHIO, an Ohio municipal corporation ("Grantor" or the "City"), having an office at 5200 Emerald Parkway, Dublin, Ohio 43017-1006, and GAGE CROSSING II LLC, a domestic limited liability company authorized to conduct business in the State of Ohio, ("Grantee"). BACKGROUND INFORMATION WHEREAS, Grantor owns the real property described on the attached Exhibit "A" (the "Grantor's Property"); WHEREAS, Grantee desires access easements over those portions of the Grantor's Property legally described on the attached Exhibit `B" and depicted on the attached Exhibit "C" (the "Easement Area"); and WHEREAS, Grantor desires to grant an access and sidewalk easement over the Easement Area for the benefit of Grantee upon the terms and conditions set forth in this Easement. STATEMENT OF AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the foregoing Background Information and as follows: 1. Grant of Permanent Easement. Grantor grants to Grantee, its agents, employees, independent contractors, and successors and assigns, a permanent, non-exclusive easement in, through, over and under the Easement Area for continuous and unobstructed access to its property located in Columbus, Ohio, identified as Franklin County parcel number 010-297197- 00, as described on the attached Exhibit "D" and depicted on the attached Exhibit "E." 2. Relationship of Parties. Nothing contained herein shall be deemed or construed by the parties or by any third party as creating the relationship of principal and agent, of partnership or of joint venture between the parties, it being understood and agreed that no provision contained herein or any act of the parties hereto shall be deemed to create any relationship other than grantor and grantee of the rights and easements set forth herein. 3. Waiver. Except to the extent that a party may have otherwise agreed in writing, no waiver by such party of any breach of the other party of any of its obligations, agreements, or covenants hereunder shall be deemed to be a waiver of any subsequent breach of the same or of any other covenants, agreements, or obligations, nor shall any forbearance by a party to seek a remedy for any breach by the other party be deemed a waiver of any rights or remedies with respectto such breach or any similar breach in the future. 4. Severability. In the event any provision of this Easement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 1 5. Captions and Pronoun Usage. The captions and section numbers in this Easement are for convenience only and shall not be deemed to be a part hereof. The pronouns used herein shall be considered as meaning the person, number, and gender appropriate under the circumstances at any given time. 6. Governing Law. This Easement shall be governed by and construed in accordance with the laws of the State of Ohio. 7. Modification. This Easement, or any easement or covenant set forth herein, may not be amended, terminated, rescinded or otherwise modified, in whole or in part, except by a written instrument executed by the parties hereto and recorded with the Recorder's Office, Fairfield County, Ohio with reference made to this Easement. 8. Benefit. This Easement shall run with the land and inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. 9. Authority. Grantor represents and warrants that it has the full right and authority to enter into this Easement and to grant the rights hereby conveyed to Grantees. IN WITNESS WHEREOF, the parties hereto have set their hands as of the date set forth above. GRANTEE: Gage Crossing II LLC, a domestic limited liability company Name: Its: GRANTOR: City of Dublin, Ohio, an Ohio Municipal Corporation Dana L. McDaniel, City Manager (ACKNouEEDGEMENTSONTHEFOLLowiNGPAGE) 2 STATEOFOHIO COUNTYOF FRANKLIN )SS: BE IT REbIIImmm, that on this day of 2018, before me, the subscriber, a Notary Public in and for said County, personally came the above named , the , on behalf of GAGE CROSSING II LLC, a domestic limited liability company, authorized to do business in the State of Ohio and Grantee in the foregoing Easement, and acknowledged the signing of the same to be his/her voluntary act and deed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal, on the day and year last aforesaid. Notary Public State of Ohio ) County of ) SS: Be It Remembered, that on this day of 1 2018, before me, the subscriber, a Notary Public in and for said county and state, personally came Dana L. McDaniel, City Manager of the City of Dublin, Ohio, an Ohio municipal corporation and Grantor in the foregoing Easement, who acknowledged the signing thereof to be his free act and deed for and on behalf of the municipal corporation. In Testimony Whereof, I have hereunto subscribed my name and affixed my official seal on the day and year last aforesaid. This Instrument Prepared By: Frost Brown Todd LLC One Columbus 10 West Broad Street Columbus, Ohio 43215 0127206.0607868 4822-7677-6007v5 3 Notary Public EXHIBIT "A" Situated in the Slate of Ohio, in the County of Franklin, and in the Township of Washington: Being in V.M.S. No. 3004, and being 6.0808 au Cs A 011 near the south margin of the Thedl Clegg 62.480 acre parcel, and being further described as follows: From it railroad spike set in the centerline of Averp Road (80% some said railroad spike being on the westward projection of the south margin of Cara Road (601); thence proceed S. 089 22. 00" W. along said Avery Read centerline, 1307.50 feet to a cement nail, the true point of beginning; thence S. X1038' 00" E. 151.17 feet to an iron pin, passing on iron pin at 40.00 ferry thence N, 830 29' 21" E. 1,454.74 feet to an iron pin; thence S. 06° 49' 02" E. 160.00 feet t0 an iron pin; thence S. X30 29' 21" W. 1,593A4 feet to an iron pin; thence N. 810 38. 00" W. 59.12 feet to a cement nail in said centerline of Avery Road, and passing an iron pin at 19.12 feet; thence N. 08022' 00" E. along said Avery Road 190.00 feet tNe paint of beginning, containing 6.057 acres. *:/:II:11r:3 Civil & Environmental Consultants, Inc. DESCRIPTION OF 0.019 ACRE ACCESS EASEMENT Situated in the State of Ohio, County of Franklin, City of Columbus, located within Virginia Military Survey 3004, and being an easement that lies over and across part of that 6.057 acre tract as described in deed to the City of Dublin, of record in Instrument Number 200605190097737, all being of record in the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows: BEGINNING FOR REFERENCE at the northerly common corner of that 9.606 acre tract as described in deed to Gage Crossing LLC, of record in Instrument Number 201702220024904 and that 2.717 acre tract as described in deed to Gage Crossing II LLC, of record in Instrument Number 20170222024905, being in the southerly line of said 6.057 acres; Thence North 85°47'21" East, with the common line of said 9.606 acres and said 6.057 acres, a distance of 72.00 feet, to the POINT OF TRUE BEGINNING; Thence through said 6.057 acre tract, the following courses: North 04°12'39" East, a distance of 28.00 feet, to a point; North 85°47'21" East, a distance of 30.00 feet, to a point; South 04°12'39" East, a distance of 28.00 feet, to a point in the common line of said 9.606 acres and said 6.057 acres; Thence South 85°47'21" West, with aforesaid common line, a distance of 30.00 feet, to the POINT OF TRUE BEGINNING, and containing 0.019 acres, more or less. The bearings shown above are based on the bearing of North 10°44'47" East for the centerline of Avery Road in between Franklin County Monuments 1934 and 8855, as determined by GPS observations using ODOT VRS, based on NAD 83 (2011), Ohio State Plane South Zone, at the time of the survey. MARK = ALAN SMITH S-8232 %. SrO At 5V CIVIL & ENVIRONMEN CONSULTANTS, INC. VP No Mark Alan Smith, P.S. Date Registered Surveyor No. 8232 Page 1 of 1 File Name: 162965-SVOI-DESC_ESMT_ACC_0.019.docx 250 Old Wilson Bridge Road, Suite 250 1 Worthington, Ohio 43085 1 p: 614-540-6633 f: 614-540-6638 1 www.cecinc.com EXHIBIT C P.•�2016� 162-965-Survey�Owg� 162965-S1i01-ESMT-ACCESS-3.dwg[LAYOUT2J LS•(6/20/2017 - obenson) - LP.- 6/20/2017 4.26 PM i 0 D C) O . O N D R' —,� DN AVy < ��IG!-f7 QFR AD D z cn z R 1 AR1ES m O = z � � oo i z O m = M z O O z (n En � I N z 4a� O W N _❑ ��n z N Z ao oA"a N3 C) ro NN m C3 :13 Q V .► �d 'o v� �, �O , r ci CO) co 0 ID p O C) o L5r m (n I 0.4- rn cn D i m >M m W O m D O 1 m <2 z yo ]70 j o4,A rn z n'� 01Z� m> DO D R° iv cn I Z l=J �Enogcl(Dnm D �+o�Z fan �m rn Z l --i 0 D m- ;mooao cn `', ��' rnoo m oI ti (� >O 0 �. cnD X00 � N ���� I � � � NI �� m 11 m m� z 2g O )N N) V] rZ,i f n p a� (st O -G -n X11 "n ❑ Z m �0 . _100-1 _ 0 ao �a�� � � `"A� c z C) m m (n m rrl o D m N z m cn D �'�=� on o�C C m V W 0. ee* ■ mD Uzm O Z �sr.- x' I Z 00�m.-o�m��� n �, 11 Znm G) m cf)m w �'. Dap OCZ z fn I V i O- � o ° (TI L', C'] �u'CO ((nzoo -- p w 0 m 3 3:'MMo z i r 0 0 mp o , m O O Tl I cfl r TI m W ms rn �;��zN 1 N c DO C� � e~if m- z<� N C) o y C 0m M j< ?� j cm/)D O O (n C) W tv S7 DJ C o i"i m - a> -pt>D `°do Do W� �m � � 1 c03 n O cmv 4_m �"�a �rn wl li < O� nom-+ I m D JI m o c- �o I �m o D ❑y o M m j m `O Z W m O y — Oi m - — — O m O O r! r 75 O O 0000`��� 71 (3) () O CD C1) 7i Z n n Ov tin N m m 7", > z� mmn0 az (A UnC)mm �p mm zltzt Z r-F_�� z �— ��mm :. __ ��mm 0 ��mm Ci CA r cro oro v rn crn � w �i � nl C7 (T � W N � O (n z z cn cn cn z z cn cn z z (n cn z z r o ao o ao ao o ao o ao 0 00 o ao 0 00 0 � z V v V V V N v N -,J N v N V N v N (7 � OWO N 00 N N tW0 N co N cWD N co N cWo N co � D z r m m�:* * rn m�� m m�� m m� m N W N W N MOo Cn OD CT O CO O DD O Oo O p DD O OD z O O O O O O O 0,0 O O O O O O O O O O O O O O O O O O O O O O O O � EXHIBIT D DESCRIPTION OF 9.606 ACRES Situated in the State of Ohio, County of Franklin, City of Columbus, located within Virginia Military Survey 3004, and being part of that 6.808 acre tract as described in deed to Bruce D. Bergmann, Trustee, of record in Oficial Record 21540 A20, and that 6.167 acre tract as described in deed to Bruce D. Bergmann, Trustee, of record in Oficial Record 21539 B17, all being of record in the Recorders Office, Franklin County, Ohio, and being more particularly described as follows: BEGINNING FOR REFERENCE at Franklin County Monument 1934 at the centerline intersection on Avery Road and Rings Road; Thence South 10144'47" West, with the centerline of Avery Road, a distance of 1538.45 feet to a mag nail set at the westerly common corner of said 6.808 acre tract and that 6.057 acre tract as described in deed to the City of Dublin, of record in Instrument Number 200605190097737; Thence South 79129'34" East, with the common line of said 6.808 acre tract and said 6.057 acre tract, a distance of 61.18 feet, passing a 34" iron pipe found at 42,28 feet, to a 3A" iron pipe found at an angle point in aforesaid common line; Thence North 85°47'21" East, continuing with the common line of said 6.808 acre tract and said 6.057 acre tract, a distance of 363.09 feet, to an iron pin set, being the POINT OF TRUE BEGINNING; Thence North 85°47'21" East, with aforesaid common line, a distance of 1230.59 feet, to a 1" iron pipe found, being 0.31 feet east, at the easterly common corner of said 6.808 acre tract and said 6.057 acre tract, being in the west line of that 51.387 acre tract as described in deed to Wilcox - Tuttle Limited Partnership, of record in Official Record 14758 H17; Thence South 04°27'38" East, with the easterly line of said 6.808 acre tract and said 6.167 acre tract, and the westerly line of said 51.387 acre tract, a distance of 315.32 feet, passing a 1" iron pipe found at 159.92 feet, to a 3/4" iron pipe found at the common corner of said 6.167 acre tract and said 51.387 acre tract, being in the north line of that 18.965 acre tract as described in deed to The Orchard at Wilcox, Ltd, of record in Instrument Number 200103270061621; Thence South 84°40'31" West, with the south line of said 6.167 acre tract, In part with the north line of said 18.965 acre tract, with the north line of that 6.379 acre tract as described in deed to The Pines at Tuttle Crossing 111, LLC, of record in Instrument Number 201309200160860, and part of the north line of that 30.00 acre tract as described in deed to A.R. Associates, of record in Official Record 11789104, a distance of 1323.21 feet, passing a 5/8" iron pin found capped "Bird & Bull" at a distance of 489.47 feet, to an iron pin set; Thence North 10043'41" East, though said 6.167 acre tract and said 6.808 acre tract, a distance of 352.97 feet, to the POINT OF TRUE BEGINNING, and containing 9.606 acres, mare or less. Subject to all easements, restrictions and right of way of record. All iron pins set are 5/8 -inch rebar, 30 inches in length, with a cap bearing the name "CEC". The bearings shown above are based on the bearing of North 10°4447" East for the centerline of Avery Road in between Franklin County Monuments 1934 and 8855, as determined by GPS observations using COOT VRS, based on NAD 83 (2011), Ohio State Plane South Zone, at the time of the survey EXHIBIT E R o Nno }}= _ UO W o y� y <� 3nb LLLLZ3 •0-0 y: 030 d�n� �i I dY X46 nw, F F F Ilk 3� gg b 0k1 K I 3 c• it L, k a 'Y fah y a i- e ^doy; sa ry Ci F a$ © _ _Li jl-�v A 3C O ro roa a�[a/mR,n -f-a,m/wtUs�/asp,nYri'a-,wsxn,IWl�„•s-I�sr.n, W,M:� EXHIBIT "B" Portion above reserved for County Recorder, Engineer and Auditor's Offices Use GRANT OF HIGHWAY EASEMENT THIS GRANT OF HIGHWAY EASEMENT (the "Easement") is made and entered into this day of 2018, by and between GAGE CROSSING H LLC, a domestic limited liability company authorized to conduct business in the State of Ohio, ("Grantor"), and the CITY of DUBLIN, OHIO, an Ohio municipal corporation ("Grantee" or the "City"), having an office at 5200 Emerald Parkway, Dublin, Ohio 43017-1006. BACKGROUND INFORMATION WHEREAS, Grantor owns the real property described on the attached Exhibit "A" and depicted in the attached Exhibit `B" (the "Grantor's Property"); WHEREAS, Grantee desires a highway easement over that portion of the Grantor's Property legally described on the attached Exhibit "C" and depicted on the attached Exhibit "D" (the "Easement Area"); and WHEREAS, Grantor desires to grant a highway easement over the Easement Area for the benefit of Grantee upon the terms and conditions set forth in this Easement STATEMENT OF AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the foregoing Background Information and as follows: 1. Grant of Permanent Easement. Grantor grants to Grantee, its agents, employees, independent contractors, and successors and assigns, a permanent, non-exclusive easement for highway purposes in, through, over and under the Easement Area upon its property located in Columbus, Ohio, identified as Franklin County parcel number 010-297197-00, as described on the attached Exhibit "E" and depicted on the attached Exhibit "F." 2. Relationship of Parties. Nothing contained herein shall be deemed or construed by the parties or by any third party as creating the relationship of principal and agent, of partnership or of joint venture between the parties, it being understood and agreed that no provision contained herein or any act of the parties hereto shall be deemed to create any relationship other than grantor and grantee of the rights and easements set forth herein. 3. Waiver. Except to the extent that a party may have otherwise agreed in writing, no waiver by such party of any breach of the other party of any of its obligations, agreements, or covenants hereunder shall be deemed to be a waiver of any subsequent breach of the same or of any other covenants, agreements, or obligations, nor shall any forbearance by a party to seek a remedy for any breach by the other party be deemed a waiver of any rights or remedies with respect to such breach or any similar breach in the future. 4. Severabilitv. In the event any provision of this Easement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 1 5. Captions and Pronoun Usage. The captions and section numbers in this Easement are for convenience only and shall not be deemed to be a part hereof. The pronouns used herein shall be considered as meaning the person, number, and gender appropriate under the circumstances at any given time. 6. Governing Law. This Easement shall be governed by and construed in accordance with the laws of the State of Ohio. 7. Modification. This Easement, or any easement or covenant set forth herein, may not be amended, terminated, rescinded or otherwise modified, in whole or in part, except by a written instrument executed by the parties hereto and recorded with the Recorder's Office, Fairfield County, Ohio with reference made to this Easement. 8. Benefit. This Easement shall run with the land and inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. 9. Authoritv. Grantor represents and warrants that it has the full right and authority to enter into this Easement and to grant the rights hereby conveyed to Grantees. IN WITNESS WHEREOF, the parties hereto have set their hands as of the date set forth above. GRANTOR: Gage Crossing lI LLC, a domestic limited liability company Name: Its: GRANTEE: City of Dublin, Ohio, an Ohio Municipal Corporation Dana L. McDaniel, City Manager ACKNOWLEDGEMENTS ON THE FOLLOWING PAGE) 2 STATE OF OHIO COUNTY OF FRANKLIN SS: BE IT REMEMBERED, that on this day of 2018, before me, the subscriber, a Notary Public in and for said County, personally came the above named , the , on behalf of GAGE CROSSING II LLC, a domestic limited liability company, authorized to do business in the State of Ohio and Grantor in the foregoing Easement, and acknowledged the signing of the same to be his/her voluntary act and deed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal, on the day and year last aforesaid. Notary Public State of Ohio ) County of ) SS: Be It Remembered, that on this day of , 2018, before me, the subscriber, a Notary Public in and for said county and state, personally came Dana L. McDaniel, City Manager of the City of Dublin, Ohio, an Ohio municipal corporation and Grantee in the foregoing Easement, who acknowledged the signing thereof to be his free act and deed for and on behalf of the municipal corporation. In Testimony Whereof, I have hereunto subscribed my name and affixed my official seal on the day and year last aforesaid. Notary Public This Instrument Prepared By: Frost Brown Todd LLC One Columbus 10 West Broad Street Columbus, Ohio 43215 0127206.0607868 4822-7677-6007v5 Portion above reserved for County Recorder, Engineer and Auditor's Offices Use GRANT OF SEWER EASEMENT THIS GRANT OF SEWER EASEMENT (the "Easement") is made and entered into this day of 2018, by and between GAGE CROSSING II LLC, a domestic limited liability company authorized to conduct business in the State of Ohio, ("Grantor"), and the CITY of DUBLIN, OHIO, an Ohio municipal corporation ("Grantee" or the "City"), having an office at 5200 Emerald Parkway, Dublin, Ohio 43017-1006. BACKGROUND INFORMATION WHEREAS, Grantor owns the real property described on the attached Exhibit "A" and depicted in the attached Exhibit `B" (the "Grantor's Property"); WHEREAS, Grantee desires a sewer easement over that portion of the Grantor's Property legally described on the attached Exhibit "C" and depicted on the attached Exhibit "D" (the "Easement Area"); and WHEREAS, Grantor desires to grant a sewer easement over the Easement Area for the benefit of Grantee upon the terms and conditions set forth in this Easement STATEMENT OF AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the foregoing Background Information and as follows: 1. Grant of Permanent Easement. Grantor grants to Grantee, its agents, employees, independent contractors, and successors and assigns, a permanent, non-exclusive easement for sewer purposes in, through, over and under the Easement Area upon its property located in Columbus, Ohio, identified as Franklin County parcel number 010-297197-00, as described on the attached Exhibit "E" and depicted on the attached Exhibit "F." 2. Relationship of Parties. Nothing contained herein shall be deemed or construed by the parties or by any third party as creating the relationship of principal and agent, of partnership or of joint venture between the parties, it being understood and agreed that no provision contained herein or any act of the parties hereto shall be deemed to create any relationship other than grantor and grantee of the rights and easements set forth herein. 3. Waiver. Except to the extent that a party may have otherwise agreed in writing, no waiver by such party of any breach of the other party of any of its obligations, agreements, or covenants hereunder shall be deemed to be a waiver of any subsequent breach of the same or of any other covenants, agreements, or obligations, nor shall any forbearance by a party to seek a remedy for any breach by the other party be deemed a waiver of any rights or remedies with respect to such breach or any similar breach in the future. 4. Severabilitv. In the event any provision of this Easement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 1 5. Captions and Pronoun Usage. The captions and section numbers in this Easement are for convenience only and shall not be deemed to be a part hereof. The pronouns used herein shall be considered as meaning the person, number, and gender appropriate under the circumstances at any given time. 6. Governing Law. This Easement shall be governed by and construed in accordance with the laws of the State of Ohio. 7. Modification. This Easement, or any easement or covenant set forth herein, may not be amended, terminated, rescinded or otherwise modified, in whole or in part, except by a written instrument executed by the parties hereto and recorded with the Recorder's Office, Fairfield County, Ohio with reference made to this Easement. 8. Benefit. This Easement shall run with the land and inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. 9. Authoritv. Grantor represents and warrants that it has the full right and authority to enter into this Easement and to grant the rights hereby conveyed to Grantees. IN WITNESS WHEREOF, the parties hereto have set their hands as of the date set forth above. GRANTOR: Gage Crossing lI LLC, a domestic limited liability company Name: Its: GRANTEE: City of Dublin, Ohio, an Ohio Municipal Corporation Dana L. McDaniel, City Manager ACKNOWLEDGEMENTS ON THE FOLLOWING PAGE) 2 STATE OF OHIO COUNTY OF FRANKLIN SS: BE IT REMEMBERED, that on this day of 2018, before me, the subscriber, a Notary Public in and for said County, personally came the above named , the , on behalf of GAGE CROSSING II LLC, a domestic limited liability company, authorized to do business in the State of Ohio and Grantor in the foregoing Easement, and acknowledged the signing of the same to be his/her voluntary act and deed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal, on the day and year last aforesaid. Notary Public State of Ohio ) County of ) SS: Be It Remembered, that on this day of , 2018, before me, the subscriber, a Notary Public in and for said county and state, personally came Dana L. McDaniel, City Manager of the City of Dublin, Ohio, an Ohio municipal corporation and Grantee in the foregoing Easement, who acknowledged the signing thereof to be his free act and deed for and on behalf of the municipal corporation. In Testimony Whereof, I have hereunto subscribed my name and affixed my official seal on the day and year last aforesaid. Notary Public This Instrument Prepared By: Frost Brown Todd LLC One Columbus 10 West Broad Street Columbus, Ohio 43215 0127206.0607868 4834-0994-3897v1 Portion above reserved for County Recorder, Engineer and Auditor's Offices Use GRANT OF CHANNEL EASEMENT THIS GRANT OF CHANNEL EASEMENT (the "Easement") is made and entered into this day of 2018, by and between GAGE CROSSING H LLC, a domestic limited liability company authorized to conduct business in the State of Ohio, ("Grantor"), and the CITY of DUBLIN, OHIO, an Ohio municipal corporation ("Grantee" or the "City"), having an office at 5200 Emerald Parkway, Dublin, Ohio 43017-1006. BACKGROUND INFORMATION WHEREAS, Grantor owns the real property described on the attached Exhibit "A" and depicted in the attached Exhibit `B" (the "Grantor's Property"); WHEREAS, Grantee desires a channel easement over that portion of the Grantor's Property legally described on the attached Exhibit "C" and depicted on the attached Exhibit "D" (the "Easement Area"); and WHEREAS, Grantor desires to grant a channel easement over the Easement Area for the benefit of Grantee upon the terms and conditions set forth in this Easement STATEMENT OF AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the foregoing Background Information and as follows: 1. Grant of Permanent Easement. Grantor grants to Grantee, its agents, employees, independent contractors, and successors and assigns, a permanent, non-exclusive easement for channel purposes in, through, over and under the Easement Area upon its property located in Columbus, Ohio, identified as Franklin County parcel number 010-297197-00, as described on the attached Exhibit "E" and depicted on the attached Exhibit "F." 2. Relationship of Parties. Nothing contained herein shall be deemed or construed by the parties or by any third party as creating the relationship of principal and agent, of partnership or of joint venture between the parties, it being understood and agreed that no provision contained herein or any act of the parties hereto shall be deemed to create any relationship other than grantor and grantee of the rights and easements set forth herein. 3. Waiver. Except to the extent that a party may have otherwise agreed in writing, no waiver by such party of any breach of the other party of any of its obligations, agreements, or covenants hereunder shall be deemed to be a waiver of any subsequent breach of the same or of any other covenants, agreements, or obligations, nor shall any forbearance by a party to seek a remedy for any breach by the other party be deemed a waiver of any rights or remedies with respect to such breach or any similar breach in the future. 4. Severabilitv. In the event any provision of this Easement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 1 5. Captions and Pronoun Usage. The captions and section numbers in this Easement are for convenience only and shall not be deemed to be a part hereof. The pronouns used herein shall be considered as meaning the person, number, and gender appropriate under the circumstances at any given time. 6. Governing Law. This Easement shall be governed by and construed in accordance with the laws of the State of Ohio. 7. Modification. This Easement, or any easement or covenant set forth herein, may not be amended, terminated, rescinded or otherwise modified, in whole or in part, except by a written instrument executed by the parties hereto and recorded with the Recorder's Office, Fairfield County, Ohio with reference made to this Easement. 8. Benefit. This Easement shall run with the land and inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. 9. Authoritv. Grantor represents and warrants that it has the full right and authority to enter into this Easement and to grant the rights hereby conveyed to Grantees. IN WITNESS WHEREOF, the parties hereto have set their hands as of the date set forth above. GRANTOR: Gage Crossing lI LLC, a domestic limited liability company Name: Its: GRANTEE: City of Dublin, Ohio, an Ohio Municipal Corporation Dana L. McDaniel, City Manager ACKNOWLEDGEMENTS ON THE FOLLOWING PAGE) 2 STATE OF OHIO COUNTY OF FRANKLIN SS: BE IT REMEMBERED, that on this day of 2018, before me, the subscriber, a Notary Public in and for said County, personally came the above named , the , on behalf of GAGE CROSSING II LLC, a domestic limited liability company, authorized to do business in the State of Ohio and Grantor in the foregoing Easement, and acknowledged the signing of the same to be his/her voluntary act and deed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal, on the day and year last aforesaid. Notary Public State of Ohio ) County of ) SS: Be It Remembered, that on this day of , 2018, before me, the subscriber, a Notary Public in and for said county and state, personally came Dana L. McDaniel, City Manager of the City of Dublin, Ohio, an Ohio municipal corporation and Grantee in the foregoing Easement, who acknowledged the signing thereof to be his free act and deed for and on behalf of the municipal corporation. In Testimony Whereof, I have hereunto subscribed my name and affixed my official seal on the day and year last aforesaid. Notary Public This Instrument Prepared By: Frost Brown Todd LLC One Columbus 10 West Broad Street Columbus, Ohio 43215 0127206.0607868 4842-7062-8185v1