23-09 OrdinanceRECORD OF ORDINANCES
23-09
Ordi~zance No.
Form N~. 3003,
Passed , 20
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT FORA PERMANENT
UTILITY EASEMENT IN A 0.048 ACRE TRACT, MORE OR
LESS, AND A TEMPORARY CONSTRUCTION EASEMENT
IN A 0.117 ACRE TRACT, MORE OR LESS, 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 desires to construct underground utilities in
Historic Dublin near Darby Street;
WHEREAS, the said improvement requires the City of Dublin to obtain permanent
and temporary easements on the premises of Shanghi Enterprises, LLC as shown in
Exhibit "A," located in the City of Dublin, County of Franklin, State of Ohio; and
WHEREAS, Shanghi Enterprises, LLC has agreed to enter into an agreement,
attached as exhibit "B," to provide the easements to the City of Dublin at no cost in
exchange for constructing the improvement in conjunction with the Historic Dublin
Utility Burial Project; and
WHEREAS, Shanghi Enterprises, LLC will enter into an agreement for the
construction of the said improvements.
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 Agreement for the
acceptance of temporary and permanent easements 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 in accepting easements
may unduly delay construction and 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.
w
Mayor -Presiding Officer
ATTEST:
c~
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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~~~~~ EASEMENT EXHIBIT Date: April 2, zoos
~•~i~•~ LOCATED IN
Evans,Mechworr,Hamb~etonar~ton,~nc. VIRGINIA MILITARY SURVEY NUMBER 2512 Scale: 1° = so'
Engineers • Surveyors • Planners • Scientists
5500 New Albany Road, CoWmbus. OH x3054
Pha~.e, 6,<.»5.<5oa Fa, si<ns.aeoo CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO
Job No: 2008-942
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THE CITY OF DUBLIN, OHIO POB ~ ~
s I 0.689 AC. o.ae ~~
~ '~ I.N. 200607070133305 ~ SOS'24'12"E
208.62 1 p.00
EpSement 48'~E
N81.35 f POB SOS•24 12 E
_ Q p48 Ac• ZOg.69• o.,os ~ . 13.98
`s N07'S9'32"W /y ~~ ~ W
10.00 S81.3 ~ 8 W Q.117 A~• - S81 3 00 I
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~ v' ? D ~ THE SHANGHI ENTERPRISES Ic * ;~ • EDWARD ••: it ~_
J.
~~00-1 , LIMITED LIABILITY COMPANY = MILLER
,v ~ ~ I.N. 200702120025649 : ~•`• 8250 `~
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9 BY \ - _ - - -
~ GRAPHIC SCALE (in feet) Professionol~ rveyor No. 8250
a
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 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 southeasterly comer of that tract
conveyed to'I'he 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 ° 3Y 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 Local
School District;
thence North 07° 59' 32" West, with said common line, a distance of 10.00 feet to the
southwesterly comer 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 POIN"1' OF BEGINNING, containing 0.048 acre, more or less.
E1M~j mi 2 apri109
0_048 ac 80942
F. NSr FI>~WART, HAMBLETON & TILTON, INC.
- -_
Edward J. Mil e~ ~ Date
Registered Surveyor No. 82
~'~~~ PT E OF ~''-,
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ss~~NAI SU~J~y
TEMPORARY 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, Fra~ilclin 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 200609060178010,
thence South 08° 24' 12" East, with a westerly line of said Gutluie tract, a distance of 10.00 feet
to a point;
thence across Grantor's 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 to a point in the line common to Grantor's tract
and that tract conveyed to The Board of Education of Washington Local School District;
thence 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 line, 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. „~„~~~,,,,,,,
,•~,tP~ ~ O F Oy~O
* :'~ EDWARD ~': ~ E ~ S ~H~L~T, HAMBLETON & "I'1L'fON, INC.
c i J. ~ '~,. ~-- -
MILLER ~~ A ~ ~ - ~~~~
~° •` 8250 ' ~ ? ~ --- - _
''~~'c~SS~ONAIg~~~~`,,`~ Edward J. Miller ~ Date
„ ~,,,. ` Kegistered Surveyor iVo. 8250
FJtvt/jnn 2 apri109 ~
0 105 ac 80942TE
- \
Attachment B
UTILITY EASEMENT AGREEMENT
WITH 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 construction 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 arc hereby acknowledged, the parties agree to
the foregoing Background hi formation 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, relocation, 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
~~~~h~~s~,,
any public or quasi-public utility provider to use the Easement Arca 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 Grantee's 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 permanent or semi-pern~anent 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 heretmder.
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:
;f11JR1isv'
If to Grantee: City of Dublin
5200 Emerald Parkway
Dublin, Ohio 43017
Attn: Terry Foegler, City Manager
With a copy to: Schottenstein, Zox & Dunn Co., LPA
250 West Street
Columbus, Ohio 43215
Attn: Stephen .l. Smith, Esq.
If to Grantor: Shanghi Enterprises, LLC
50 W. Bridge Street
Dublin, Ohio 43017
Attn: .Iiechun 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 Cowlty, Ohio.
~~~aK=~t<, ~ ; 3
1 l . 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 are 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 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, 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:
~~~,s„<<,~; 4
STATE OF OHIO,
COUNTY OF FRANKLIN, ss.
The forgoing instrument was acknowledged before me this day of April, 2009, by
.liechun 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
Illali~lsn'; C
EXHIBIT A
LEGAL DESCRIPTION OF EASEMENT AREA
[See attached]
~~~a~s~~~,,
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 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 southeasterly comer of that tract
conveyed to'I'he 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 ° 3Y 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 Local
School District;
thence North 07° 59' 32" West, with said common line, a distance of 10.00 feet to the
southwesterly comer 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 POIN"1' OF BEGINNING, containing 0.048 acre, more or less.
E1M~j mi 2 apri109
0_048 ac 80942
F. NSr FI>~WART, HAMBLETON & TILTON, INC.
- -_
Edward J. Mil e~ ~ Date
Registered Surveyor No. 82
~'~~~ PT E OF ~''-,
.~ : n'''LL.~k ~
~: ~ ., 'P ~25p ..
~' •~~~srEr?E~••'~ o~
ss~~NAI SU~J~y
EXHIBIT B
LEGAL DESCRIPTION OF THE
TEMPORARY CONSTRUCTION EASEMENT AREA
[See attached]
III1Ntlz~~_
TEMPORARY 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, Fra~ilclin 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 200609060178010,
thence South 08° 24' 12" East, with a westerly line of said Gutluie tract, a distance of 10.00 feet
to a point;
thence across Grantor's 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 to a point in the line common to Grantor's tract
and that tract conveyed to The Board of Education of Washington Local School District;
thence 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 line, 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. „~„~~~,,,,,,,
,•~,tP~ ~ O F Oy~O
* :'~ EDWARD ~': ~ E ~ S ~H~L~T, HAMBLETON & "I'1L'fON, INC.
c i J. ~ '~,. ~-- -
MILLER ~~ A ~ ~ - ~~~~
~° •` 8250 ' ~ ? ~ --- - _
''~~'c~SS~ONAIg~~~~`,,`~ Edward J. Miller ~ Date
„ ~,,,. ` Kegistered Surveyor iVo. 8250
FJtvt/jnn 2 apri109 ~
0 105 ac 80942TE
- \
EXHIBIT C
DEPICTION OF THE EASEMENT AREA
AND TEMPORARY CONSTRUCTION EASEMENT AREA
[See attached]
~~~a~=~s~,,
~~~~~ EASEMENT EXHIBIT Date: April 2, zoos
~•~i~•~ LOCATED IN
Evans,Mechworr,Hamb~etonar~ton,~nc. VIRGINIA MILITARY SURVEY NUMBER 2512 Scale: 1° = so'
Engineers • Surveyors • Planners • Scientists
5500 New Albany Road, CoWmbus. OH x3054
Pha~.e, 6,<.»5.<5oa Fa, si<ns.aeoo CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO
Job No: 2008-942
I ^^ c M z x v i
i ~
THE CITY OF DUBLIN, OHIO POB ~ ~
s I 0.689 AC. o.ae ~~
~ '~ I.N. 200607070133305 ~ SOS'24'12"E
208.62 1 p.00
EpSement 48'~E
N81.35 f POB SOS•24 12 E
_ Q p48 Ac• ZOg.69• o.,os ~ . 13.98
`s N07'S9'32"W /y ~~ ~ W
10.00 S81.3 ~ 8 W Q.117 A~• - S81 3 00 I
s
• \ ~
f
508.24 12 E
e ~ Z - '-
~ ~ ~ 0 140.86a5ement 10.00 ? ~ ~
ororY
r z r`' ~ ~ ~ 581.35~28.,w Temp N m
~ O
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~ GRAPHIC SCALE (in feet) Professionol~ rveyor No. 8250
a
MORTGAGEE CONSENT AND SUBORDINATION
The undersigned, The Huntington National Bank, successor by merger to Sky Bank, with
an address at 41 S. Fligh Street, Columbus, Ohio 4321 S ("Mortgagee-'), for valuable
consideration paid, hereby consents to the foregoing Easement Agreement and waives and
subordinates the priority of that certain Open-End Construction Mortgage from Shanghi
Enterprises, LLC, an Ohio limited liability company, dated May 11, 2007, and recorded as
Instrument Number 200705110083048. in the Recorders Office of Franklin County. Ohio (the
"Mortgage'-). which is a lien upon the Property, in favor of this I;asemcnt 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 constihite 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
By:
Print Name
Its:
STATE OF OH lO
COUNTY OF FRANKLIN
SS
The foregoing instrument 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
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