22-09 OrdinanceRECORD OF ORDINANCES
Da~~ton Loeal Blank,lnc.
Ordinance No.
22-~9
Passed 20
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT FOR THE UTILITY BURIAL
PROJECT, LOCATED WEST OF DARBY STREET, WITH
SHANGHI ENTERPRISES, LLC IN THE CITY OF DUBLIN,
COUNTY OF FRANKLIN, STATE OF OHIO, AND
DECLARING AN EMERGENCY
WHEREAS, the Dublin City Council strives to provide quality and aesthetically
pleasing surroundings and to increase utility reliability in the City of Dublin by
burying utility lines when possible; and
WHEREAS, the Dublin City Council recognizes the benefits to the community of
private land owners partnering with the City of Dublin to allow burial of utilities to
occur in a cost effective manner; and
WHEREAS, the Historic Dublin Utility Burial Project is under construction and an
expansion of the scope of the project is desirable; and
WHEREAS, Shanghi Enterprises, LLC is required to enter into an agreement,
attached as Exhibit "A," with the City of Dublin for execution of the expansion of
project scope.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
of its elected members concurring, that:
Section 1. The City Manager is authorized to enter into the Utility Burial Project
Agreement with Shanghi Enterprises, LCC for the purposes of constructing
underground utilities.
Section 2. This ordinance is hereby declared to be an emergency necessary for the
immediate preservation of the public health, safety and welfare. The reason for such
necessity is that existing site conditions are such that a delay would result in potential
hazards to motorists, pedestrians and existing infrastructure on and near the burial
project site. Therefore, this ordinance shall go into immediate effect upon passage.
Passed this ~~ `~ day of , 2009.
Mayor -Presiding Officer
ATTEST:
Clerk of Council
CITY OF Di~BLIN
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017
Phone: 614-410-4400 • Fax: 614-410-4490
TO: Members of Dublin City Council
Memo
FROM: Terry Foegler, City Manager
DATE: April 30, 2009
INITIATED BY: Fred Hahn, Parks and Open Space Direct
Sara Ott, Sr. Project Manager `_-~
RE: Ordinances 22-09 and 23-09 Regarding an Agreement for Utility Burial
and Acceptance of Easements from Shanghi Enterprises, LLC
Summary
In February, 2009, City staff was approached by a representative of Shanghi Enterprises, LLC
(aka J. Liu Restaurant) requesting the City expand the Historic Dublin Utility Burial Project
("Burial Project") through property at 50 West Bridge Street. The initial scope of the Burial
Project terminated at location A, as indicated on the attached exhibit. The requested expanded
scope would take the Burial Project 100 feet further west, terminating burial at the property line
between Indian Run Elementary, Shanghi Enterprises and the City-owned Darby Street parking
lot at the location indicated as B on the attached exhibit.
Through a coordinated effort between City staff, the City's consultant EMH&T, American
Electric Power, and Shanghi Enterprises the requested expansion is a preferred alternative route.
This new route benefits the community and Shanghi Enterprises by: 1) increasing the linear feet
of overhead utilities that would be relocated underground; 2) straightening the path of the burial
route; and 3) opening additional land for development at 38 and 50 W. Bridge Street. The
estimated cost ofthis expanded burial scope is expected to be $131,000. This funding is
available within the existing authorized dollars due to cost savings on easements and credits for
non-performance of other construction.
Recognizing the benefit directly to Shanghi Enterprises property, Shanghi representatives have
agreed to enter into agreements and grant easements to the City to allow this project to go
forward. The terms of the agreements and easements include:
• Shanghi to pay 35% of the additional costs the City will incur to expand the original
scope of the utility burial project up to $25,000.
• Shanghi to pay contributions in twenty-four (24) equal monthly installments,
commencing the first month after completion of work.
• Shanghi to contribute temporary construction and permanent utility easements at no cost
to the City. The value of these easements is estimated to be in excess of $12,500.
• City is to construct additional 100 feet of underground conduit.
Memo re: Ord. 22-09 and 23-09 for Historic Dublin Utility Burial Project
April 3Q, 2009
P~2of2
City is to provide service line connections to existing structures at 38 and 50 W. Bridge
Street.
Recommendation
Staff recommends approval of Ordinances 22-09 and 23-09, authorizing the City Manager to
enter into the Burial Project Agreement and Burial Project Easement Agreement on the City's
behalf. Further, staff requests approval by emergency to expedite construction in order to allow
timely completion of work and minimize public safety hazards from open trenches.
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Attachment A
UTILITY BURIAL PRO.IECT AGREEMENT
THIS UTILI'[~Y BURIAL PRO.IEC"l~ AGRL,EMF,N"l~ (the "Agreement") is entered into as
of this day of April, 2009, by and between SHANGHI ENTERPRISES, LLC, an Ohio
limited liability company, with an address at 50 W. Bridge Street, Dublin, Ohio 43017
("Shanghi"), and the CITY OF DUBLIN, OHIO. an Ohio municipal corporation, with an address
at 5200 Emerald Parkway, Dublin, Ohio 43017 (the "City") under the following circumstances:
BACKGROUND
A. The City has begun a utility burial project in the Historic District of Dublin
("Utility Burial Project'') and has determined a need to acquire certain easement
rights across the property owned by Shanghi, located at 38 and 50 West Bridge
Street, Dublin, Ohio 43017, which are Franklin County Auditor's Tax Parcel
Numbers 273-000036 and 273-000084 (collectively, the "Property").
B. As part of the negotiations with the City for the grant of such easement rights, the
City has agreed to expand the original scope of the Utility Burial Project for the
benefit of the Property and other adjacent parcels owned by Shanghi ("Revised
Utility Plans").
C. In exchange for the additional costs that the City will incur in completing the
Revised Utility Plans, Shanghi has agreed to grant the utility easement described
herein for no additional monetary consideration and to contribute financially to
the increased costs the City will incur in completing the Revised Utility Plans as
set forth herein.
AGREEMENT
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereby agree to the foregoing Background
Information and as follows:
1. Grant of Easement. Contemporaneously with the execution of this Agreement,
Shanghi agrees that it shall execute, in recordable form, and deliver to the City, the Utility
Easement Agreement with Temporary Construction Easement, a copy of which has been
attached hereto as Exhibit "A", incorporated herein and made a part hereof, granting the City,
and its agents, contractors and designees, a perpetual non-exclusive utility easement within the
areas described therein (the "F,asement"). Shanghi acknowledges that the City has agreed to
incur additional expenses necessary to expand the Utility Burial Project to accommodate certain
requests made by Shanghi, and therefore, Shanghi agrees to grant the Easement to the City for no
additional monetary consideration. The City agrees that it shall have the Easement recorded with
the Franklin County Recorder's Office at the City's expense.
2. Financial Contribution. In consideration of the City agreeing to revise the
Utility Burial Project to include the Revised Utility Plans, Shanghi agrees that it shall pay the
City a financial contribution equal to the lesser of (a) a s~nn equal to thirty-five percent (35%) of
the difference between the total costs the City would have incurred using the plans and
specifications prepared for the original Utility Burial Project and the additional costs the City
will incur in completing the Expanded Utility Plans ("Additional Costs~~). and (b) Twenty-Five
Thousand Dollars (525,000.00).
3. Payment Schedule. The City shall keep separate records documenting the
Additional Costs, and upon completion of the installation of the portion of the Utility Burial
Project affected by the Revised Utility Plans, the City shall deliver to Shanghi a good faith
breakdown of the Additional Costs, together with a calculation of the portion of the Additional
Costs for which Shanghi will be responsible pursuant to Section 2, above (the "Shanghi
Contribution"'). Shanghi hereby agrees to pay to the City the entire sum of the Shanghi
Contribution, without notice, demand, offset or counterclaim, in twenty-four (24) equal monthly
installments ("Repayment Period") which shall be due and payable commencing on the first day
of the calendar month following the date upon which Shanghi receives such notice from the City,
and thereafter on the first day of each subsequent calendar month until the Shanghi Contribution
is paid in full.
4. Default. [n the event Shanghi fails to make any payment toward the Shanghi
Contribution when due, and such amount remains unpaid for a period of five (5) days after notice
to Shanghi from the City of such non-payment, Shanghi shall be deemed in default of the terms
hereof; provided, however, that the City shall not be required to give Shanghi notice of such late
payment more than two (2) times per twelve (12) month period during the Repayment Period. In
the event of a default, the City shall have the right to (a) file a lien against the Property for the
total unpaid amount of the Shanghi Contribution, together with interest as provided by Section 5
below; (b) if permitted by the Franklin County Treasurer's Office, to certify the amount of the
unpaid portion of the Shanghi Contribution, together with all unpaid interest, to the tax record for
the Property and have such unpaid amounts collected by the Franklin County Treasurer for the
benefit of the City together with the real property taxes owed for the Property; and (c) pursue any
and all other remedies to which the City would be entitled at law or in equity against Shanghi for
the enforcement of its obligations hereunder.
5. Late Char,~e. In the event Shanghi fails to make any payment toward the Shanghi
Contribution by the fifth (5`~') day of any calendar month during the Repayment Period, Shanghi
shall pay interest at the rate of eighteen percent (18%) on such unpaid amount until paid in full to
the City.
6. Notices. All notices under this Agreement from either party to the other shall be
in writing and shall be sufficiently given and served upon the other party if delivered in person or
if sent by certified U.S. mail, return receipt requested, postage prepaid, addressed as follows:
To tl~e City: City of Dublin
5200 Emerald Parkway
Dublin, Ohio 43017
Attn: Terry Foegler, City Manager
;niasuros ~ ~, 2
With a copy to: Schottenstein, Zox & Dunn Co., LPA
250 West Street
Columbus, Ohio 43215
Attn: Stephen J. Smith, Esq.
[f to Shanghi: Shanghi Enterprises, LLC
50 W. Bridge Street
Dublin, Ohio 43017
Attn: .liechun Liu
or to such other place as the City or Shanghi may from time to time designate by notice to the
other party. Notice sent in compliance with this paragraph shall be deemed given on the date of
receipt or refusal if by certified mail or on the date such notice was personally delivered.
7. Waiver. The waiver by the City of any breach of any tern, covenant, or
condition herein contained shall not deemed to be a waiver of such term, covenant, or condition
for any subsequent breach of the same or any other term, covenant, or condition herein
contained.
8. No Third Party Benetit. This Agreement is intended for the benefit of the City
and Shanghi, and their respective successors and assigns, and nothing contained in this
Agreement shall be construed as creating any rights or benefits in or to any third party.
9. Severability. If and to the extent that any court of competent jurisdiction finds
any term or provision of this Agreement to be invalid or unenforceable, such invalidity shall not
affect the balance of that provision or the remaining provisions of this Agreement, which shall
remain in full force and effect.
10. Governing Law; Venue. This Agreement has been negotiated and executed in
the State of Ohio and relates to real property located in the State of Ohio. All questions
concerning the validity or intention of this Agreement shall be resolved under the laws of the
State of Ohio. The parties to this Agreement hereby designate the Court of Common Pleas of
Franklin County, Ohio, as the court of proper jurisdiction and exclusive venue for any actions or
proceedings relating to this Agreement; hereby irrevocably consent to such designation,
jurisdiction and venue; and hereby waive any objections or defenses relating to jurisdiction or
venue with respect to any action or proceeding initiated in the Court of Common Pleas of
Franklin County, Ohio.
l 1. Time of the Essence. Time is of the essence for the performance and observance
of all obligations and conditions to be performed or observed by the parties under this
Agreement.
12. Captions. The captions at the beginnings of the sections of this Agreement are
not part of the context of this Agreement, but are merely labels to assist in locating those
sections, and shall be ignored in construing and interpreting this Agreement.
~~ ~~~,~~~~x , ; ~
13. Bindin~~ Effect. Except as otherwise provided in this Agreement, all provisions
hereof shall be binding upon, inure to the benefit of, and be enforceable by and against the
respective heirs, personal representatives, successors, and assigns of each party to this
Agreement.
14. WAIVER OF ,IURY TRIAL. THE CITY AND SHANGHI MUTUALLY
AGREE THAT THEY HEREBY WAIVE TR[AL BY .IURY IN ANY ACTION,
PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER AGAINST THE OTHER AS
TO ANY MATTERS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS
AGREEMENT. SHANGHI AGREES THAT NO COUNTERCLAIM OR SETOFF WILL BE
INTERPOSED IN ANY ACTION BY THE CITY BASED ON NON-PAYMENT OF THE
SUMS OWED PURSUANT TO THIS AGREEMENT.
The City and Shanghi have executed this Agreement to be effective as of the date and
year first written above.
SHANGHI ENTERPRISES, LLC CITY OF DUBLIN, OHIO
By:
By:
Jiechun Liu, Member
Hongyu Tang, Member
,liechun Liu, Individually
By:
Terry Foegler, City Manager
Approved as to forn~:
Stephen ,1. Smith, Director of Law
niatiu,~~s, ; 4
EXHIBIT A
UTILITY EASEMENT AGREEMENT
WITH TEMPORARY CONSTRUCTION EASEMENT
[Sce attached]
nuxur~ti,
UTILITY EASEMENT AGREEMENT
W[TI-i TEMPORARY CONSTRUCTION EASEMENT
This UTILITY EASEMENT AGREEMENT WITH TEMPORARY CONSTRUCTION
EASEMENT (`'Easement Agreement") is made and entered into on this day of April,
2009, by and between SHANGHI ENTERPRISES, LLC, an Ohio limited liability company
("Grantor'), whose address is 50 W. Bridge Street, Dublin, Ohio 43017, and the CITY OF
DUBLIN, OHIO, an Ohio municipal corporation ("Grantee"). whose address is 5200 Emerald
Parkway, Dublin, Ohio 43017.
BACKGROUND INFORMATION
A. Grantor owns the real property commonly known as 38 and 50 West Bridge
Street, located in the Historic District of the City of Dublin, Ohio, being Franklin County
Auditor's Tax Parcel Nos. 273-00036 and 273-000084 (collectively, the "Grantor Property");
B. Grantee desires a permanent easement and temporary constriction easement over
certain portions of the Grantor Property for the purpose of constructing, installing, maintaining,
repairing, altering and replacing certain utilities and related facilities within the areas herein
described upon the Grantor Property; and
C. Grantor desires to grant these easements for the benefit of Grantee, upon the terms
and conditions hereinafter set forth.
STATEMENT OF AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and for other 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 Utility Easement. Grantor hereby grants to Grantee, and its employees,
agents, contractors, designees, successors and assigns forever, a perpetual, non-exclusive
easement in, through, over, and under the real property legally described on the attached Exhibit
"A" and depicted on the attached Exhibit "C", each of which are incorporated herein and made a
part hereof (the "Easement Area"), for the construction, installation, maintenance, reparation,
alteration, removal, re]ocation, replacement and operation of permanent utility lines, pipes,
conduits, valves, regulators and all other appurtenances incidental thereto (collectively,
"Facilities"). Grantee shall have the right, in Grantee's sole discretion, to designate and permit
any public or quasi-public utility provider to use the Easement Area in any manner not
inconsistent with Grantee's rights hereunder.
2. Grant of Temporary Construction Easement. Grantor hereby grants to Grantee,
and its employees, agents, contractors, designees, successors and assigns, anon-exclusive,
temporary easement over those portions of the Grantor Property legally described on the attached
Exhibit "B", incorporated herein and made a part hereof, and depicted on Exhibit "C" (the
"Temporary Construction Easement Area'). for the initial construction and installation of the
Facilities within the Easement Area, and thereafter during such periods of time as are necessary,
as determined by Grantee in Grantees commercially reasonable discretion, to maintain, repair,
alter, remove, relocate or replace any of the Facilities located within the Easement Area.
3. Restoration of Easement Areas. Grantee shall, at its sole cost and expense, restore
any landscaping and pavement within the Temporary Construction Easement Area and the
Easement Area, together with the dumpster enclosure currently located therein, to their original
condition insofar as practicable after entering upon the Easement Area for the purposes herein set
forth. Grantor shall not construct, or permit to be constructed, within the Easement Area or
Temporary Construction Easement Area any pen~~anent or semi-permanent structures (other than
the dumpster and enclosure currently located within the Easement Area) or buildings, fencing, or
signage. Grantee reserves the right to trim any trees or other vegetation within the Easement
Area or Temporary Construction Easement Area to the extent same interferes with Grantee's
rights hereunder.
4. Insurance. Grantee shall maintain commercial general liability and shall insure
against any liability or claim for personal injury, wrongful death or property damage for which
Grantee is responsible under this Easement Agreement or by law, with financially responsible
insurers authorized to transact insurance business in the State of Ohio, with a commercially
reasonable combined single limit of not less than One Million Dollars ($1,000,000.00) per
occurrence.
5. Relationship to Parties. Nothing contained herein shall be deemed or construed
by the parties hereto, or by any third party, as creating the relationship of principal and agent, of
partnership or of joint venture between the parties hereto, 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.
6. Notices. All notices under this Easement Agreement from either party to the
other shall be in writing and shall be sufficiently given and served upon the other party if
delivered in person or if sent by certified U.S. mail, return receipt requested, postage prepaid,
addressed as follows:
~~~~~,~s~,~; 2
if to Grantee: City of Dublin
5200 Emerald Parkway
Dublin, Ohio 43017
Attn: Terry Focgler, City Manager
With a copy to: Schottenstein, Zox & Dime Co., LPA
250 West Street
Columbus, Ohio 43215
Attn: Stephen J. Smith, Esq.
If to Grantor: Shanghi Enterprises, LLC
50 W. Bridge Street
Dublin, Ohio 43017
Attn: Jiechun Liu
or to such other place as the Grantor or Grantee may from time to time designate by notice to the
other party. Notice sent in compliance with this paragraph shall be deemed given on the date of
receipt or refusal if by certified mail or on the date such notice was personally delivered.
7. Waiver. The waiver by the City of any breach of any term, covenant, or condition
herein contained shall not deemed to be a waiver of such teen, covenant, or condition for any
subsequent breach of the same or any other term, covenant, or condition herein contained.
8. No Third Party Benefit. This Easement Agreement is intended for the benefit of
the City and Shanghi, and their respective successors and assigns, and nothing contained in this
Easement Agreement shall be construed as creating any rights or benefits in or to any third party
or to the public.
9. Severability. If and to the extent that any court of competent jurisdiction finds
any term or provision of this Easement Agreement to be invalid or unenforceable, such invalidity
shall not affect the balance of that provision or the remaining provisions of this Easement
Agreement, which shall remain in full force and effect.
10. Governing Law; Venue. This Easement Agreement has been negotiated and
executed in the State of Ohio and relates to real property located in the State of Ohio. All
questions concerning the validity or intention of this Easement Agreement shall be resolved
under the laws of the State of Ohio. The parties to this Easement Agreement hereby designate the
Court of Common Pleas of Franklin County, Ohio, as the court of proper jurisdiction and
exclusive venue for any actions or proceedings relating to this Agreement; hereby irrevocably
consent to such designation, jurisdiction and venue; and hereby waive any objections or defenses
relating to jurisdiction or venue with respect to any action or proceeding initiated in the Court of
Common Pleas of Franklin County, Ohio.
~~~aH~~t<,,; 3
11. Time of the Essence. Time is of the essence for the performance and observance
of all obligations and conditions to be performed or observed by the parties under this Easement
Agreement.
12. Captions. The captions at the beginnings of the sections of this Easement
Agreement are not part of the text of this Easement Agreement, but arc merely labels to assist in
locating those sections, and shall be ignored in construing and interpreting this Easement
Agreement.
13. Modification. This Easement Agreement, or any casement 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, or their respective heirs, executors,
representatives, successors and assigns, and recorded with the Recorder's Office, Franklin
County, Ohio with reference made to this Easement Agreement.
14. Benefit. This Easement Agreement shall run with the land and shall inure to the
benefit of and be binding upon the parties hereto and their respective heirs, executors,
representatives, successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this Easement Agreement to be
executed as of the day and year first written above.
GRANTOR:
SHANGHI ENTERPRISES, LLC
By:
By:
Jiechun Liu, Member
Hongyu Tang, Member
STATE OF OHIO,
COUNTY OF FRANKLIN, ss.
GRANTEE:
CITY OF DUBLIN, OHIO
By:
Terry Foegler, City Manager
The forgoing instrument was acknowledged before me this day of April, 2009, by
Terry Foegler, the City Manager of the City of Dublin, Ohio, an Ohio municipal corporation,
Grantee in the foregoing document, for and on behalf of said municipal corporation.
Notary Public
My Commission Expires:
~~~,~„«,~; 4
STATE OF OHIO,
COUNTY OF FRANKLIN, ss.
The forgoing instrument was acknowledged before me this day of April, 2009, by
,Iicchun Liu and Hongyu Tang, Members of Shanghi Enterprises, LLC, an Ohio limited liability
company, Grantor in the foregoing document, for and on behalf of said company.
Notary Public
My Commission Expires:
This instrument was prepared by: Schottenstein, Zox & Dunn, Co., LPA
250 West Street,
Columbus, Ohio 43215-6106
iiiastiia,~ ; 5
EXHIBIT A
LEGAL DESCRiPT[ON OF EASEMENT AREA
[Sec attached]
~~~ah,~z~,~
EASF,MENT
0.048 ACRE
Situate in the State of Ohio, County of Franklin, City of Dublin, lying in Virginia Military Survey
2512, being across that tract conveyed to The Shanghi Enterprises Limited Liability Company by deed of
record in Instrument Number 200 702 1 20025 649, (all references refer to the records of the Recorder's
Office, Franklin County, Ohio) being more particularly described as follows:
BEGINNING at a northeasterly corner of Grantor's tract, a southeasterly comer of that tract
conveyed to The City of Dublin, Ohio by deed of Record in Instrument Number 200607070133305;
thence South 08° 24' 12" East, with the westerly Right-of--way line of an unnamed alley, a
distance of 10.00 feet to a point;
thence South 81 ° 35' 48" West, across Grantor's tract, a distance of 208.69 feet to a point in the
line common to Grantor's tract and that tract conveyed to The Board of Education of Washington Loca:
School District;
thence North 07° 59' 32" West, with said common line, a distance of 10.00 feet to the
southwesterly corner of said City of Dublin Tract ;
thence North 81 ° 35' 48" East, with the southerly line of said City of Dublin tract, a distance of
208.62 feet to the POINT OF BEGINNING, containing 0.048 acre, more or less.
F_ NS_,~F,CF~ART, HAMBLETON &'I'ILgTi N IIVC.
~ _---_ 1
Edward J. Mil Date
Registered Surveyor No. 82
E1MIJnn 2 apnl09
0_048 ac 80942
~~~~
1 c EpwgR p •'•., p ',
o ~'• ~ 825 p ,
css~C!SrERE~••'y~~
~~NAL SdRy~C
EXHIBIT B
LEGAL DESCRIPTION OF THE
TEMPORARY CONSTRUCTION EASEMENT AREA
[See attached]
~~~ah,~;~,,,
TEMPORAKY EASEMENT'
0.117 ACRE
Situate in the State of Ohio, County of Franklin, City of Dublin, lying in Virginia Military Survey
2512, being across that tract conveyed to Shanghi Enterprises, LLC by deed of record in Instrument
Number 200711050192236 and that tract conveyed to'I'he Shanghi Enterprises Limited Liability
Company by deed of record in Instrument Number 200702120025649, (all references refer to the records
of the Recorder's Office, Franklin County, Ohio) being more particularly described as follows:
BEGINNING at a northeasterly corner of Grantor's tract, a northwesterly corner of that tract
conveyed to Tracey J. Guthrie by deed of record in Instrument Number 200609060 1 7 8 0 1 0,
thence South 08° 24' 12" East, with a westerly line of said Guthrie tract, a distance of 10.00 feet
to a point;
thence across Grantors tract, the following courses and distances:
South 81° 35' 28" West, a distance of 140.86 feet to a point;
South 07° 59' 32" East, a distance of 20.00 feet to a point;
South 81° 35' 28" West, a distance of 25.00 feet [o a point in the line common to Grantor's tract
and that tract conveyed to'I'he Board of Education of Washington Local School District;
[hence North 07° 59' 32" West, with said common line, a distance of 44.00 feet to a point;
thence North 81° 35' 48" East, across Grantor's Tract, a distance of 208.69 feet to a point in the
westerly right-of--way line of an unnamed Alley;
thence South 08° 24' 12" East, with said Right-of-way ]ine, a distance of 13.98 feet to a point;
thence South 81° 35' 28" West, with a northerly line of said right-of-way and a northerly line of
said Guthrie tract, a distance of 43.00 feet to the POINT OF BEGINNING, containing 0.117 acre, more or
less. ,,,,~„~~~~,,,,,,,.
,.~P~c~ of oy~.,
~•:.
''•• o ':
'` * r EDWARD •':, ~_~$ ~kI-W~T, HAMBLETON & "fILTON, INC.
c J. ~___
MILLER = ~ \ _~ _ ~ ~~~~
~"cc~' ~''• ~S~' J~' Edward J. Miller ~ Date
SS~ONAL SvR `~ Registered Surveyor hYo. 8250
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EXHIBIT C
DEPICTION OF THE EASEMENT AREA
AND TEMPORARY CONSTRUCTION EASEMENT AREA
[See attached]
IIIaHt~s~~'_
Evans, Mechwart, Hambleton & Tilton. Inc.
Engineers • Surveyors • Planners • Scieniisis
5500 New Albany Road, Columbus. OH 4305a
Phone 614.775.4500 Fox'. 614.775.4&70
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EASEMENT EXHIBIT
LOCATED IN
VIRGINIA MILITARY SURVEY NUMBER 2512
CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO
I THE CITY OF DUBLIN, OHIO
0.689 AC.
' I.N. 200607070133305
208.62'
Easement N$1.35'48'~E f'
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9 GRAPHIC SCALE (in feet)
Date: April 2, 2009
Scale: 1 " = 30'
.lob No: 2008-942
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S07'S9'32"E SHANGHI ENTERPRISES, LLC ~ ~ 1 ~
20.00 I.N. 200711050192236 ~ o ~ ~
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~ Temporary Eosem i o Z ,,s~~~~~~i,r~,,,,
S81'35'28"W ', ova ~ ` ,.~`''.~E OF p'''~
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THE SHANGHI ENTERPRISES I' *;~ EDWARD '. * "s
~1 LIMITED LIABILITY COMPANY - MILLER =
I.N. 200702120025649 : ~•'• 8250 0;' p ;
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By - - -
Professional ~S rveyor No. 8250
Stonehenge Conpnny / Bridge 8 High Eas`~n~nts / 2008-0942 / f
MORTGAGEE CONSENT AND SUBORDINATION
The undersigned, The Huntington National Bank, successor by merger to Sky Bank, with
an address at 41 S. IIigh Street, Columbus, Ohio 43215 ("Mortgagee"), for valuable
consideration paid, hereby consents to the foregoing Easement Agreement and waives and
subordinates the priority of that certain Open-End Constriction Mortgage from Shanghi
Enterprises, LLC, an Ohio limited liability company, dated May 11, 2007, and recorded as
Instrument Number 200705 1 1 0083048, in the Recorder's Office of Franklin County, Ohio (the
"Mortgage"). which is a lien upon the Property. in lavor of this Easement Agreement, in the
same manner and with the same effect as though this Easement Agreement had been executed
and recorded prior to the filing for record of the Mortgage, but without otherwise affecting the
lien or priority of the Mortgage.
Nothing contained herein shall be deemed to constitute consent by Mortgagee to any
document, easement or agreement except the Easement Agreement attached hereto, nor shall
Mortgagee-s consent provided herein create any liability on the part of~ Mortgagee. nor shall
Mortgagee be liable for any of the covenants, agreements or obligations of the parties to the
subject Easement Agreement.
The Huntington National Bank
STATE OF OHIO
COUNTY OF FRANKLIN
SS
By:
Print Name
Its:
The foregoing instrwnent was acknowledged before me this day of ,
2009, by ,the of The Huntington National
Bank, for and on behalf of such bank.
Notary Public
This instrument prepared by: Brian E. Linhart, Esq.
Schottenstein, Zox and Dunn Co., LPA
250 West Street
Columbus, Ohio 43215