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Ordinance 010-19RECORD OF ORDINANCES BARRETT BROTHERS - DAYTON, OHIO Ordinance No. 10-19 Passed , AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTATION TO ACCEPT THE DEDICATION OF A 0.044 ACRE, MORE OR LESS, PERMANENT UTILITY EASEMENT; A 0.007 ACRE, MORE OR LESS, PERMANENT UTILITY EASEMENT; A 0.007 ACRE, MORE OR LESS, PERMANENT UTILITY EASEMENT; A 0.265 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT; A 0.042 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT; AND A 0.007 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT, FROM THE MUIRFIELD ASSOCIATION INC. (RESERVE "RRRR"). _Form 6220S WHEREAS, the City of Dublin (the "City') is preparing to construct the Dumfries Court East — Hydraulic Disconnect (the "Project's in the Muirfield Association, Inc. (Reserve "RRRR') and then headed south on Carnoustie Drive to the intersection of Dumfries Court East & West at Carnoustie Drive; and WHEREAS, said Project requires that the City obtain certain property interests from the parcel owned by the Muirfield Association, Inc. (the"Owner'; and WHEREAS, the Owner is willing to dedicate as a donation the necessary property interests to the City as set forth in the legal descriptions attached hereto, and the City is willing to accept said dedication. NOW, THE EFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, of the elected members concurring that: Section 1, The City Manager is hereby authorized to execute all necessary conveyance documentation to accept the dedication of a 0.044 acre, more or less, permanent utility easement; a 0.007 acre, more or less, permanent utility easement; a 0.007 acre, more or less, permanent utility easement; a 0.265 acre, more or less, temporary construction easement; a 0.042 acre, more or less, temporary construction easement; and a 0.007 acre, more or less, temporary construction easement (Reserve "RRRR'), as set forth in the legal descriptions attached herewith. Section 2. Council further hereby authorizes and directs the City Manager, the Director of Law, the Director of Finance, the Clerk of Council, or other appropriate officers of the City to take any other actions as may be appropriate to implement this Ordinance without further legislation being required. Sec:tion 3. This Ordinance shall ke effect in accordance with 4.04(b) of the Dubli evised Charter. Pa s d this day 12019. �ayor — Pres' 'ng Officer ATTEST: Clerk of Council Office of the City Manager 5200 Emerald Parkway* Dublin, OH 43017-1090 CitUJTV of Dubli n Phone,-, 614.410.4400 * Fax: 614.410.4490 To: Members of Dublin City Coun Fromm, Dana McDaniel, City Manag 19 DateeMarch 12 a ,2019 InIfflated Bye, Megan O'Callaghan, PE, Public Works Director Paul A. Hammersmith, PE, Director of Engineering/ City Engineer Todd A. Garwick, PE, Senior Civil Engineer Re.,, Ordinance No. 10-19 Donation of Public Utility and Temporary Construction Easement� Dumfries Court East — Hydraulic Disconnect Project I Ordinance No. 10-19 would allow the City Manager to execute all necessary conveyance 41ocumentation to formally accept the dedication as a donation of the aforementioned property interests in the form of permanent utility and temporary construction easements. Staff recommends adoption of Ordinance No. 10-19 at the second reading/public hearing on April 8, 2019, as this ordinance authorizes the City Manager to execute all necessary conveyance and contract documents to formally accept the donation of the necessary property interests described above. Portion above reserved for County Recorder, Engineer and Auditor's Offices Use PERMANENT EASEMENT FOR PUBLIC UTILITIES THIS PERMANENT EASEMENT FOR PUBLIC UTILITIES (the "Easement") is made and entered into this day of , 2019, by and between Muirtield Association, Inc., ("Grantor"), an Ohio nonprofit corporation, whose tax mailing address is 8372 Muirfield Drive, Dublin, Ohio 43017, and the City of Dublin, Ohio, ("Grantee"), an Ohio municipal corporation whose mailing address is 5200 Emerald Parkway, Dublin, Ohio 43017. BACKGROUND INFORMATION WHEREAS, Grantor owns the real property identified as Delaware County parcel number 6003412300100 (the "Grantor's Property"); WHEREAS, Grantee desires permanent easement for the construction and maintenance of public utilities, storm drainage, shared -use path, and grading over, under, and through those portions of the Grantor's Property legally described on the attached Exhibit A and depicted on the attached Exhibit B (the "Easement Area") for the following purposes; and WHEREAS, Grantor desires to grant a permanent easement over, under, and through the Easement Area for the benefit of Grantee for those purposes 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 and perpetual, non-exclusive easement in, over, under, and through the Easement Area for the following purposes: (i) to construct, install, operate, maintain, repair, and replace public utilities including, but not limited to (a) utility lines for water, sewer, and facilities and appurtenances incidental thereto, including, but not limited to, conduits, equipment, meters, valves, regulators, manholes, drain pipes, fixtures, and other appurtenances and facilities and (b) drainage improvements, shared -use path, and facilities (collectively, the "Facilities"); (ii) for other construction purposes related to the project, including, but not limited to, grading and slope construction; (iii) ingress and egress over those portions of Grantor's Property reasonably necessary to facilitate Grantee's use of the Easement Area, and (iv) the right to do all things necessary, proper, or incidental to the successful operation and maintenance of such utilities is further reserved herein. Grantee, at its sole cost and expense, as soon as reasonably practicable after construction and installation of the Facilities, including any alterations and repairs thereto, and completion of the grading work, shall cause the Easement Area to be restored to its former condition as nearly as is reasonably practicable. Grantee shall have the right to remove any and all vegetation growing within the Easement Area as is reasonably necessary to facilitate Grantee's use thereof as permitted by this Easement. Without limiting the foregoing, Grantee will restore all vegetation, walks, signs for purposes of traffic control or subdivision identification, and entry features (if any) in the Easement Area or Grantor's Property, or otherwise remove and replace them in a manner mutually acceptable to Grantor and Grantee, at Grantee's sole cost and expense. Grantor has the right to enter on the Easement Area for any purpose whatsoever provided such entry by Grantor does not in any way impair or hinder the rights granted to Grantee in this Easement. Grantee is solely and exclusively responsible for all equipment and personnel brought into the Easement Area, as well as the design and construction of any Facilities, improvements, or grading made on the Easement Area. Grantee is solely responsible for the maintenance, repair, replacement, removal, and insurance of the Facilities and improvements that it makes in, on, over, across, through, and under the Easement Area. 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 grantors 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. 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. 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, Franklin County, Ohio with reference made to this Easement. Grantee is solely responsible for all recording costs related to this Easement and any modification. 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 grants the rights hereby conveyed to Grantee. Executed this day of 12019. GRANTOR: Muirfield Association, Inc., an Ohio nonprofit corproation Its: Print Name: 2 GRANTEE: City of Dublin, Ohio, an Ohio Municipal Corporation Dana L. McDaniel, City Manager ACKNOWLEDGEMENTS ON THE FOLLOWING PAGE) STATE OF OHIO COUNTY OF FRANKLIN SS: BE IT REMEMBERED, that on this day of , 2019, before me, the subscriber, a Notary Public in and for said county and state, personally came Dana L. McDaniel, of the City of Dublin, Ohio, an Ohio municipal corporation, 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 STATE OF OHIO COUNTY OF FRANKLIN SS: BE IT REMEMBERED, that on this day of 2019, before me, the subscriber, a Notary Public in and for said County, personally came the above named Walter Zeier, the of the Grantor, Muirfield Association, Inc., an Ohio nonprofit corporation, in the foregoing Easement, and acknowledged the signing of the same to be his/her voluntary act and deed on behalf of Grantor. 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 0127206.0607928 4828-7862-9770v1 4 Notary Public Portion above reserved for County Recorder, Engineer and Auditor's Offices Use PERMANENT EASEMENT FOR PUBLIC UTILITIES THIS PERMANENT EASEMENT FOR PUBLIC UTILITIES (the "Easement") is made and entered into this day of , 2019, by and between Muirtield Association, Inc., ("Grantor"), an Ohio nonprofit corporation, whose tax mailing address is 8372 Muirfield Drive, Dublin, Ohio 43017, and the City of Dublin, Ohio, ("Grantee"), an Ohio municipal corporation whose mailing address is 5200 Emerald Parkway, Dublin, Ohio 43017. BACKGROUND INFORMATION WHEREAS, Grantor owns the real property identified as Delaware County parcel number 6003412300100 (the "Grantor's Property"); WHEREAS, Grantee desires permanent easement for the construction and maintenance of public utilities, storm drainage, shared -use path, and grading over, under, and through those portions of the Grantor's Property legally described on the attached Exhibit A and depicted on the attached Exhibit B (the "Easement Area") for the following purposes; and WHEREAS, Grantor desires to grant a permanent easement over, under, and through the Easement Area for the benefit of Grantee for those purposes 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 and perpetual, non-exclusive easement in, over, under, and through the Easement Area for the following purposes: (i) to construct, install, operate, maintain, repair, and replace public utilities including, but not limited to (a) utility lines for water, sewer, and facilities and appurtenances incidental thereto, including, but not limited to, conduits, equipment, meters, valves, regulators, manholes, drain pipes, fixtures, and other appurtenances and facilities and (b) drainage improvements, shared -use path, and facilities (collectively, the "Facilities"); (ii) for other construction purposes related to the project, including, but not limited to, grading and slope construction; (iii) ingress and egress over those portions of Grantor's Property reasonably necessary to facilitate Grantee's use of the Easement Area, and (iv) the right to do all things necessary, proper, or incidental to the successful operation and maintenance of such utilities is further reserved herein. Grantee, at its sole cost and expense, as soon as reasonably practicable after construction and installation of the Facilities, including any alterations and repairs thereto, and completion of the grading work, shall cause the Easement Area to be restored to its former condition as nearly as is reasonably practicable. Grantee shall have the right to remove any and all vegetation growing within the Easement Area as is reasonably necessary to facilitate Grantee's use thereof as permitted by this Easement. Without limiting the foregoing, Grantee will restore all vegetation, walks, signs for purposes of traffic control or subdivision identification, and entry features (if any) in the Easement Area or Grantor's Property, or otherwise remove and replace them in a manner mutually acceptable to Grantor and Grantee, at Grantee's sole cost and expense. Grantor has the right to enter on the Easement Area for any purpose whatsoever provided such entry by Grantor does not in any way impair or hinder the rights granted to Grantee in this Easement. Grantee is solely and exclusively responsible for all equipment and personnel brought into the Easement Area, as well as the design and construction of any Facilities, improvements, or grading made on the Easement Area. Grantee is solely responsible for the maintenance, repair, replacement, removal, and insurance of the Facilities and improvements that it makes in, on, over, across, through, and under the Easement Area. 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 grantors 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. 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. 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, Franklin County, Ohio with reference made to this Easement. Grantee is solely responsible for all recording costs related to this Easement and any modification. 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 grants the rights hereby conveyed to Grantee. Executed this day of 12019. GRANTOR: Muirfield Association, Inc., an Ohio nonprofit corporation Its: Print Name: 2 GRANTEE: City of Dublin, Ohio, an Ohio Municipal Corporation Dana L. McDaniel, City Manager ACKNOWLEDGEMENTS ON THE FOLLOWING PAGE) STATE OF OHIO COUNTY OF FRANKLIN SS: BE IT REMEMBERED, that on this day of , 2019, before me, the subscriber, a Notary Public in and for said county and state, personally came Dana L. McDaniel, of the City of Dublin, Ohio, an Ohio municipal corporation, 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 STATE OF OHIO COUNTY OF FRANKLIN SS: BE IT REMEMBERED, that on this day of 2019, before me, the subscriber, a Notary Public in and for said County, personally came the above named Walter Zeier, the of the Grantor, Muirfield Association, Inc., an Ohio nonprofit corporation, in the foregoing Easement, and acknowledged the signing of the same to be his/her voluntary act and deed on behalf of Grantor. 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 0127206.0607928 4816-8725-0826v1 4 Notary Public Portion above reserved for County Recorder, Engineer and Auditor's Offices Use PERMANENT EASEMENT FOR PUBLIC UTILITIES THIS PERMANENT EASEMENT FOR PUBLIC UTILITIES (the "Easement") is made and entered into this day of 2019, by and between Muirfeld Association, Inc., ("Grantor"), an Ohio nonprofit corporation, whose tax mailing address is 8372 Muirfield Drive, Dublin, Ohio 43017, and the City of Dublin, Ohio, ("Grantee"), an Ohio municipal corporation whose mailing address is 5200 Emerald Parkway, Dublin, Ohio 43017. BACKGROUND INFORMATION WHEREAS, Grantor owns the real property identified as Delaware County parcel number 6003412300100 (the "Grantor's Property"); WHEREAS, Grantee desires a permanent easement for the construction and maintenance of public utilities, storm drainage, shared -use path, and grading over, under, and through those portions of the Grantor's Property legally described on the attached Exhibit A and depicted on the attached Exhibit B (the "Easement Area") for the following purposes; and WHEREAS, Grantor desires to grant a permanent easement over, under, and through the Easement Area for the benefit of Grantee for those purposes 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 and perpetual, non-exclusive easement in, over, under, and through the Easement Area for the following purposes: (i) to construct, install, operate, maintain, repair, and replace public utilities including, but not limited to (a) utility lines for water, sewer, and facilities and appurtenances incidental thereto, including, but not limited to, conduits, equipment, meters, valves, regulators, manholes, drain pipes, fixtures, and other appurtenances and facilities and (b) drainage improvements, shared -use path, and facilities (collectively, the "Facilities"); (ii) for other construction purposes related to the project, including, but not limited to, grading and slope construction; (iii) ingress and egress over those portions of Grantor's Property reasonably necessary to facilitate Grantee's use of the Easement Area, and (iv) the right to do all things necessary, proper, or incidental to the successful operation and maintenance of such utilities is further reserved herein. Grantee, at its sole cost and expense, as soon as reasonably practicable after construction and installation of the Facilities, including any alterations and repairs thereto, and completion of the grading work, shall cause the Easement Area to be restored to its former condition as nearly as is reasonably practicable. Grantee shall have the right to remove any and all vegetation growing within the Easement Area as is reasonably necessary to facilitate Grantee's use thereof as permitted by this Easement. Without limiting the foregoing, Grantee will restore all vegetation, walks, signs for purposes of traffic control or subdivision identification, and entry features (if any) in the Easement Area or Grantor's Property, or otherwise remove and replace them in a manner mutually acceptable to Grantor and Grantee, at Grantee's sole cost and expense. Grantor has the right to enter on the Easement Area for any purpose whatsoever provided such entry by Grantor does not in any way impair or hinder the rights granted to Grantee in this Easement. Grantee is solely and exclusively responsible for all equipment and personnel brought into the Easement Area, as well as the design and construction of any Facilities, improvements, or grading made on the Easement Area. Grantee is solely responsible for the maintenance, repair, replacement, removal, and insurance of the Facilities and improvements that it makes in, on, over, across, through, and under the Easement Area. 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. 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. 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, Franklin County, Ohio with reference made to this Easement. Grantee is solely responsible for all recording costs related to this Easement and any modification. 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 grants the rights hereby conveyed to Grantee. Executed this day of 12019. GRANTOR: 2 Muirfield Association Inc., an Ohio nonprofit corporation Its: Print Name: GRANTEE: City of Dublin, Ohio, an Ohio Municipal Corporation Dana L. McDaniel, City Manager ACKNOWLEDGMENTS ON THE FOLLOWING PAGE) STATE OF OHIO COUNTY OF FRANKLIN) SS: BE IT REMEMBERED, that on this day of , 2019, before me, the subscriber, a Notary Public in and for said county and state, personally came of the City of Dublin, Ohio, an Ohio municipal corporation, 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 STATE OF OHIO COUNTY OF FRANKLIN) SS: BE IT REMEMBERED, that on this day of 2019, before me, the subscriber, a Notary Public in and for said County, personally came the above named Walter Zeier, the of the Grantor, Muirfield Association, Inc., an Ohio nonprofit corporation, in the foregoing Easement, and acknowledged the signing of the same to be his/her voluntary act and deed on behalf of Grantor. 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 0127206.0607928 4837-6821-5434v1 Notary Public 4 Portion above reserved for County Recorder, Engineer and Auditor's Offices Use TEMPORARY CONSTRUCTION EASEMENT THIS TEMPORARY CONSTRUCTION EASEMENT (the "Easement") is made and entered into this day of , 2019, by and between Muirfield Association, Inc., ("Grantor"), an Ohio nonprofit corporation, whose tax mailing address is 8372 Muirfield Drive, Dublin, Ohio 43017, and the City of Dublin, Ohio, ("Grantee"), an Ohio municipal corporation whose mailing address is 5200 Emerald Parkway, Dublin, Ohio 43017. BACKGROUND INFORMATION WHEREAS, Grantor owns the real property identified as Delaware County parcel number 6003412300100 (the "Grantor's Property"); WHEREAS, Grantee desires a temporary easement over those portions of the Grantor's property described on the attached Exhibit A and depicted on the attached Exhibit B (the "Easement Area") commencing on the date construction begins and ending on the date construction is completed, but no longer than twelve months from the date construction begins, for the purpose of construction staging and work related to Dumfries Court construction; and WHEREAS, Grantor desires to grant a temporary easement over and through the Easement Area for the benefit of Grantee for those purposes 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 Temporary Easement. Grantor grants to Grantee, its agents, employees, independent contractors, and successors and assigns, a temporary, non-exclusive easement in, through, and over the Easement Area for the duration of construction for the purpose of construction staging and work related to Dumfries Court. Grantee shall have the right to enter on and use the Easement Area in connection with the performance of certain work on the Grantor's Property, including, but not limited to, construction, grading, utility work, sewer work, and for any other purpose reasonably necessary in connection with the same, at Grantee's sole cost and expense. Upon termination of the aforementioned activities, Grantee shall, at its sole cost and expense, restore the Easement Area as nearly as reasonably practicable to the condition that existed prior to the entry thereon by Grantee. Without limiting the foregoing, Grantee will restore all vegetation, walks, signs for the purposes of traffic control or subdivision identification, and entry features in the Easement Area or Grantor's Property, or otherwise remove and replace them in a manner mutually acceptable to Grantor and Grantee. Grantee is solely and exclusively responsible for all equipment and personnel brought into the Easement Area, as well as the design and construction of any improvements or grading made on the Easement Area. 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 1 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. 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, Franklin County, Ohio with reference made to this Easement. Grantee is solely responsible for all recording costs related to this Easement and any modification. 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 grants the rights hereby conveyed to Grantee. Executed this day of GRANTOR: Muirfield Association Inc., an Ohio nonprofit corporation Its: Print Name: 2019. GRANTEE: City of Dublin, Ohio, an Ohio Municipal Corporation Dana L. McDaniel, City Manager ACKNOWLEDGMENTS ON THE FOLLOWING PAGE) 2 STATE OF OHIO COUNTY OF FRANKLIN) SS: BE IT REMEMBERED, that on this day of , 2019, 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, 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 STATE OF OHIO COUNTY OF FRANKLIN) SS: BE IT REMEMBERED, that on this day of 2019, before me, the subscriber, a Notary Public in and for said County, personally came the above named Walter Zeier, the of the Grantor, Muirfield Association, Inc., an Ohio nonprofit corporation, in the foregoing Easement, and acknowledged the signing of the same to be his/her voluntary act and deed on behalf of Grantor. 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 0127206.0607928 4830-6232-7178v1 Portion above reserved for County Recorder, Engineer and Auditor's Offices Use TEMPORARY CONSTRUCTION EASEMENT THIS TEMPORARY CONSTRUCTION EASEMENT (the "Easement") is made and entered into this day of , 2019, by and between Muirfield Association, Inc., ("Grantor"), an Ohio nonprofit corporation, whose tax mailing address is 8372 Muirfield Drive, Dublin, Ohio 43017, and the City of Dublin, Ohio, ("Grantee"), an Ohio municipal corporation whose mailing address is 5200 Emerald Parkway, Dublin, Ohio 43017. BACKGROUND INFORMATION WHEREAS, Grantor owns the real property identified as Delaware County parcel number 6003412300100 (the "Grantor's Property"); WHEREAS, Grantee desires a temporary easement over those portions of the Grantor's property described on the attached Exhibit A and depicted on the attached Exhibit B (the "Easement Area") commencing on the date construction begins and ending on the date construction is completed, but no longer than twelve months from the date construction begins, for the purpose of construction staging and work related to Dumfries Court construction; and WHEREAS, Grantor desires to grant a temporary easement over and through the Easement Area for the benefit of Grantee for those purposes 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 Temporary Easement. Grantor grants to Grantee, its agents, employees, independent contractors, and successors and assigns, a temporary, non-exclusive easement in, through, and over the Easement Area for the duration of construction for the purpose of construction staging and work related to Dumfries Court. Grantee shall have the right to enter on and use the Easement Area in connection with the performance of certain work on the Grantor's Property, including, but not limited to, construction, grading, utility work, sewer work, and for any other purpose reasonably necessary in connection with the same, at Grantee's sole cost and expense. Upon termination of the aforementioned activities, Grantee shall, at its sole cost and expense, restore the Easement Area as nearly as reasonably practicable to the condition that existed prior to the entry thereon by Grantee. Without limiting the foregoing, Grantee will restore all vegetation, walks, signs for the purposes of traffic control or subdivision identification, and entry features in the Easement Area or Grantor's Property, or otherwise remove and replace them in a manner mutually acceptable to Grantor and Grantee. Grantee is solely and exclusively responsible for all equipment and personnel brought into the Easement Area, as well as the design and construction of any improvements or grading made on the Easement Area. 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 1 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. 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, Franklin County, Ohio with reference made to this Easement. Grantee is solely responsible for all recording costs related to this Easement and any modification. 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 grants the rights hereby conveyed to Grantee. Executed this day of GRANTOR: Muirfield Association Inc., an Ohio nonprofit corporation Its: Print Name: 2019. GRANTEE: City of Dublin, Ohio, an Ohio Municipal Corporation Dana L. McDaniel, City Manager ACKNOWLEDGMENTS ON THE FOLLOWING PAGE) 2 STATE OF OHIO COUNTY OF FRANKLIN) SS: BE IT REMEMBERED, that on this day of , 2019, 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, 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 STATE OF OHIO COUNTY OF FRANKLIN) SS: BE IT REMEMBERED, that on this day of 2019, before me, the subscriber, a Notary Public in and for said County, personally came the above named Walter Zeier, the of the Grantor, Muirfield Association, Inc., an Ohio nonprofit corporation, in the foregoing Easement, and acknowledged the signing of the same to be his/her voluntary act and deed on behalf of Grantor. 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 0127206.0607928 4836-8282-2026v1 Portion above reserved for County Recorder, Engineer and Auditor's Offices Use TEMPORARY CONSTRUCTION AND GRADING EASEMENT THIS TEMPORARY CONSTRUCTION EASEMENT (the "Easement") is made and entered into this day of 2019, by and between MUIRFIELD ASSOCIATION, INC. an Ohio nonprofit corporation ("Grantor"), whose tax mailing address is 8372 Muirfield Drive, Dublin, Ohio 43017, and the CITY OF DUBLIN, OHIO, an Ohio municipal corporation ("Grantee"), whose mailing address is 5200 Emerald Parkway, Dublin, Ohio 43017. BACKGROUND INFORMATION WHEREAS, Grantor owns the real property identified as Delaware County parcel number 600-341-23-001-000 (the "Grantors' Property"); WHEREAS, Grantee desires a temporary easement over those portions of the Grantor's Property legally described on the attached Exhibit A and depicted on attached Exhibit B (the "Easement Area") commencing on the date construction beings and ending on the date construction is completed but for no longer than twelve months from the date construction begins, for the purpose of construction staging and work related to Dumfries Court construction; and WHEREAS, Grantor desires to grant a temporary 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 Temporary Easement. Grantor grants to Grantee, its agents, employees, independent contractors, and successors and assigns, a temporary, non-exclusive easement in, through, over, and under the Easement Area for the duration of construction for the purpose of construction staging and work related to Dumfries Court. Grantee shall have the right to enter on and use the Easement Area in connection with the performance of certain work on the Grantor's Property, including, but not limited to, construction, grading, utility work, sewer work, and for any other purpose reasonably necessary in connection with the same, at Grantee's sole cost and expense. Upon termination of the aforementioned activities, Grantee shall, at its sole cost and expense, restore the Easement Area as nearly as reasonably practicable to the condition that existed prior to the entry thereon by Grantee. Without limiting the foregoing, Grantee will restore all vegetation, walks, signs for the purposes of traffic control or subdivision identification, and entry features in the Easement Area or Grantor's Property, or otherwise remove and replace them in a manner mutually acceptable to Grantor and Grantee. Grantee is solely and exclusively responsible for all equipment and personnel brought into the Easement Area, as well as the design and construction of any improvements or grading made on the Easement Area. 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. 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 with reference made to this Easement. Grantee is solely responsible for all recording costs related to this Easement and any modification. 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 grant the rights hereby conveyed to Grantee. Executed this day of 12019. (SIGNAT URES AND ACKNOWLEDGEMENTS ON THE FOLLOWING PAGE) 2 GRANTOR: MUIRFIELD ASSOCIATION, INC., AN OHIO NONPROFIT CORPORATION STATE OF OHIO COUNTY OF FRANKLIN SS: GRANTEE: CITY OF DUBLIN, OHIO, AN OHIO MUNICIPAL CORPORATION Dana L. McDaniel, City Manager BE IT REMEMBERED, that on this day of , 2019, 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, 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 STATE OF OHIO COUNTY OF SS: BE IT REMEMBERED, that on this day of , 2019, before me, the subscriber, a Notary Public in and for said county and state, personally came , the of Grantor, who acknowledged the signing thereof to be his/her free act and deed for and on behalf of the Grantor. 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 0127206.0607928 4821-0563-2650v1 Easements - Dumfries Ct. E. - Hydraulic Disconnect I City of blin OHIO, USA 80 40 Dumfries Court East - Hydraulic Disconnect 18-037-CIP Dublin, Ohio 43017 80 Feet N W E S