2026-12 Submerged Land Lease & Proposed Easement 1015 Nicholson Ave

Docusign Envelope ID: E9802B03- 950D- 407D- 8A9D- 87D3C51D91AA Baker, Bixenstine, Bullock, RESOLUTION NO. 2026- 12 BY: Evans, Kepple, Steiner, Strebig A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, approving the use of submerged lands for the property located at and abutting 1015 Nicholson Avenue, Lakewood, Ohio PPN 312- 08- 001 ( a legal description of which is attached hereto as Exhibit " A" of the attached Deed of Easement), in order to permit the property owners the opportunity to undertake lakeshore protection measures. WHEREAS, the property owners, Lisa K. and Robert L. Kunkle Trustees, have agreed to permit the City of Lakewood to construct Nicholson and Wilbert Outfalls Rehabilitation and bluff stabilization in Lake Erie at Lakewood, Cuyahoga County, Ohio; and WHEREAS, as part of the application to lease submerged lands, the parties involved must submit to the Ohio Department of Natural Resources a resolution from Lakewood City Council approving the proposed use of the submerged land; and WHEREAS, as set forth in Section 2. 12 of the Third Amended Charter of the City of Lakewood, this Council by a vote of at least two thirds of its members determines that this resolution is an emergency measure and that it shall take effect immediately, and that it is necessary for the immediate preservation of the public property, health, and safety and to provide for the usual daily operation of municipal departments in that this submerged lands lease is necessary for the improvements to be made; now, therefore BE IT RESOLVED BY THE CITY OF LAKEWOOD, OHIO: Section 1. The City of Lakewood finds and determines that territory being proposed for the lakeshore protection, which is further described in the application for a submerged lands lease, is not necessary or required for the construction, maintenance or operation by the municipal corporation of breakwaters, piers, docks, wharves, bulkheads, connecting waterways, water terminals, facilities and improvements, and marginal highways in the aid of navigation and water commerce, and the land uses specified in the application comply with regulation of permissible land use as determined by the city. Section 2. Council hereby approves the Deed of Easement for Shoreline Development at PPN 312- 08- 001 and agreement for a Permanent Storm Sewer Easement, attached as Exhibit " B". Section 3. The Clerk of Council is hereby authorized and directed to certify a copy of this resolution to the Ohio Department of Natural Resources.

Docusign Envelope ID: E9802B03- 950D- 407D- 8A9D- 87D3C51D91AA Section 4. It is found and determined that all formal actions of this Council concerning and relating to the passage of this Resolution were passed in open meetings of this Council and that all deliberations of this Council and any of its committees that resulted in such actions were in meetings open to the public and in compliance with legal requirements. Section 4. This resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, property, health, safety and welfare in the City and for the usual daily operation of the City for the reasons set forth and defined in the preamble to this ordinance, and provided it receives the affirmative vote of at least two thirds of the members of Council, this resolution shall take. effect and be in force immediately upon its adoption by the Council and approval by the Mayor, or otherwise it shall take effect and be in force after the earliest period allowed by law. Adopted: March 2, 2026 Approved: 3 - 12-+ DocuSlgned by: Sarah Kepple, President of Council DocuSlgned by: Maureen M. Bach, Clerk of Council Meghan F. George, Mayor

Docusign Envelope ID: E9802B03- 950D- 407D- 8A9D- 87D3C51D91AA EXHIBIT A OFFICIAL DEED OF EASEMENT FOR SHORELINE DEVELOPMENT AT PERMANENT PARCEL NUMBER PPN 312- 08- 001 WHEREAS, on this day of Jr'44l i?,44,(— , 2026 (" Effective Date") this OFFICIAL DEC OF EASEMENT is granted by Lisa K. & Robert L. Kunkle, Trustees ( Grantor), to the City of Lakewood, a municipal corporation of the State of Ohio ( Grantee), for the purpose of allowing ingress and egress and to establish an upland ownership interest; and WHEREAS, Grantee plans to construct public improvements to storm water outfalls; and WHEREAS, Grantor owns littoral parcels, Permanent Parcel Number 312-08- 001, which is private property along the Lake Erie shore landward of the proposed improvements, and spanning the distance of the proposed improvements as well as property leading from the shoreline to the street level ( the " Property"); and WHEREAS, Grantee requires a submerged lands lease with the State of Ohio to implement public improvements on the State-owned lakebed and an Easement Agreement to develop the facilities and to allow limited public access on privately owned property; and WHEREAS, Grantor intends to grant an easement and confirming the prior yield of Grantor' s littoral rights to Grantee necessary for the public improvements and to satisfy requirements within Ohio Revised Code 1506. 11 and the rules adopted thereunder for the installation of the public improvements; and WHEREAS, Grantor acknowledges that the standard requirement for the duration of a submerged lands lease per the Ohio Department of Natural Resources ( ODNR) is 50 years, and that Grantee' s Easement for the Property will be an appurtenant easement, not a permanent easement, with a term of years consistent with the submerged lands lease. NOW, THEREFORE, pursuant to these premises Lisa K. & Robert L. Kunkle, Trustees Grantor), for good and valuable consideration, receipt of which is hereby acknowledged, does hereby give, grant and convey to the City of Lakewood, Ohio (Grantee), the non- exclusive easement as specifically described in Exhibit " A" attached hereto and incorporated herein, for the sole purpose of ingress and egress and to establish an upland interest for the purpose of entering into a submerged land lease with the Ohio Department of Natural Resources.

Docusign Envelope ID: E9802B03-950D-407D-8A9D- 87D3C51D91AA EXHIBIT A The duration of this easement shall not exceed the term of the submerged lands lease and shall not be assignable without the prior written consent of the Grantor. The grant is made on the express condition that Grantee shall, as far as possible after the construction of said public improvements and all subsequent alterations or repairs thereunto, restore all property belonging to the Grantor( s) except buildings or other structures located in the permanent easement to its original condition and shall reasonably compensate the Grantor( s) for any property damaged or destroyed except buildings or other structures located in the permanent easement which cannot be restored to its original condition, as a result of or in consequence of said construction, maintenance and repair ofsaid public improvements. Grantee is solely responsible for maintaining any and all of its improvements located within the easement, in compliance with all local, state and federal laws. Grantor may terminate this Easement at any time for cause upon ninety days written notice to Grantee. Grantor hereby reserves the right to use said premises within the limits of the above -described easement for the passage or transportation of personnel, materials or equipment over or across the described easement, and to make such other use of said premises within the limits of the above -described easement as are not herein expressly prohibited by and are not inconsistent with the rights and easement hereby granted. Grantee shall timely pay all taxes and assessments ( if any) imposed on the easement premises by reasons of Grantee' s activities thereon and any other charges or expenses attributable to Grantee' s activities on the premises. Nothing herein shall prohibit Grantee from contesting the taxability of the premises or the taxable value of the premises; provided, however, that Grantee posts adequate security, to cover any taxes that may become due and owing after final determination of taxability or value. TO HAVE AND TO HOLD the above granted easement to the above described premises, for the purpose above mentioned to said Grantee. And the Grantor, for itself, its successors and assigns, does covenant that at and until the sealing of these presents, it is well seized of the above described premises as a good and indefeasible estate in fee simple and has good right to bargain, and grant the same in manner and forms as above written, and that it will warrant and defend said premises with the appurtenances thereunto belonging to the Grantee, its successors and assigns, against all lawful claims and demands whatsoever for the purpose herein described.

Docusign Envelope ID: E9802B03- 950D- 407D- 8A9D- 87D3C51D91AA EXHIBIT A IN WITNESS WHEREOF, Lisa K. & Robert L. Kunkle, Trustees by Title), has caused her name to be affixed hereto this Easement this day of 2026. Lisa K. & Robert L. Kunkle, Trustees i The undersigned hereby agrees and consents to the terms and conditions of this Official Deed of Easement. City of Lakewood Name Title Date The legal form of this instrument is approved. Jeruiifer Swallow Chief Assistant Law Director January 20, 2026

Docusign Envelope ID: E9802B03- 950D- 407D- 8A9D- 87D3C51D91AA EXHIBIT A STATE OF OHIO SS: COUNTY OF CUYAHOGA On this - 5 day of Je& uaz i4 , 2026 before me a Notary Public in and for said County and State, came ( Title), who acknowledged the execution of the foregoing deed to be his/ her voluntary act on behalf of Lisa K. & Robert L. Kunkle, Trustees, and the free act and deed of City of Lakewood. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal at Lakewood, Ohio, the day and year last aforesaid. a COLLEEN GILLESPIE v r; Notary Public State or Ohio Notary Public aY . 0 µy Comm. Expires My Commission Expires qy o June 9, 2029 a STATE OF OHIO SS: COUNTY OF CUYAHOGA On this day of , 2026 before me a Notary Public in and for said County and State, came ( Title), who acknowledged the execution of the foregoing deed to be his/ Iner voluntary act on behalf of City of Lakewood, and the free act and deed of City of Lakewood, IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal at Lakewood, Ohio, the day and year last aforesaid. Notary Public My Commission Expires

Docusign Envelope ID: E9802B03- 950D- 407D- 8A9D- 87D3C51D91AA EXHIBIT A Additional Easement Description information to be inserted)

Docusign Envelope ID: E9802Bo3- 950D- 407D- 8A9D- 87D3C51D91AA IN THE MATTER OF: City of Lakewood STATE OF OHIO COUNTY OF CUYAHOGA CITY OF LAKEWOOD EXHIBIT A CITY OF LAKEWOOD CUYAHOGA COUNTY, OHIO AFFIDAVIT OF PNN: 312- 08- 001 Now comes Lisa K. & Robert L. Kunkle, Trustees, the property owner of record lands known as permanent parcel; number 312- 08- 001 situated on the shore of Lake Erie, Lakewood, Cuyahoga County, Ohio, and hereby states: 1. I am the duly authorized representative of the property including permanent parcel number 312- 08- 001. 2. That the lands described above are situated on Lake Erie north of permanent parcel number 312- 08- 001. 3. That I am in full support of the public improvements proposed for this portion of the shoreline of Lake Erie, 4. That I am aware that the City of Lakewood will obtain and hold a Submerged Lands Lease or leases from the State of Ohio for the project. S. That I recognize as the identified adjacent upland property owner that the aforementioned Submerged Lands Lease impacts the littoral rights of my property, nevertheless I do not object to the Submerged Lands Lease between the State of Ohio, as Lessor, and the City of Lakewood and its successors or assigns, as Lessee. 6. I am aware that the City of Lakewood seeks to obtain an interest in the littoral parcel to satisfy requirements within RC 1506. 11 and the rules adopted thereunder for the installation of the public improvements. 7. That the relationship of the lakeward area of the proposed public improvements and the littoral pat -eel and related Littoral apportionment boundary lines is depicted in Exhibit A» 8. That the undersigned hereby recognizes that it yields its littoral rights to the City of Lakewood to that area of the Lake Erie Territory necessary for the public improvements as more particularly described and provided in Exhibit "A". 9. That upon the execution of the Submerged Lands Lease for the public improvements between the City of Lakewood and the State of Ohio, the fee upland owner signing the affidavit is committing to convey an easement interest to the City of Lakewood that will run with the land and be binding on successors in title, heirs and assigns for a period of time that is coterminous with the Submerged Lands Lease, 10. That should the property transfer after the signing of this affidavit and prior to the conveyance of an easement interest to the City of Lakewood for the project, the

Docusign Envelope ID: E98021303- 950D-407D-8A9D-87D3C51D91AA EXHIBIT A undersigned agrees to provide a copy of this affidavit to any subsequent owner to inform them of the continuing obligations under this affidavit of any subsequent owners to yield the littoral rights to the City of Lakewood and to convey an easement interest to the City of Lakewood for such improvements. 11. That thus affidavit, the yielded littoral rights and other obligations hereunder shall automatically become null and void upon the earlier to occur of: (i) if for any reason, the Submerged Lands Lease for the project is not executed between the City of Lakewood and the State of Ohio or ( ii) the termination of the Lessee' s rights to the possession of the Lease Property or ( iii) the expiration of the Lease. Further Affiant sayeth naught. Lisa K. & Robert L. Kunkle, Trustees Sworn to and subscribed in my presence by this R 3 day of 2026. s COLLEEN GILLESPIE Notary Public a 2 State of Ohio rmA My Comm. Expires rod c June 9, 2029 W itnesse OW 0( 6ywa. G. C. r_ Notary Public My Commission Expires Date: Z ' z3 - 2o2-i0 Date: Z Z3 2026

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Docusign Envelope ID: E9802B03- 950D- 407D- 8A9D- 87D3C5lD9lAA EXHIBIT A Submerged Land Lease Parcel 1 Parcel 312- 08- 001 0. 0110 Acres Situated in the submerged lands of Lake Erie lying northerly of and lakeward of the City of Lakewood and County of Cuyahoga and within the State of Ohio and lying northerly of and lakeward of Original Rockport Township Section No. 21, ( Fractional Township 7- N Range 14- W Connecticut Western Reserve). Also lying northerly of and lakeward of the land conveyed to Lisa K. and Robert L. Kunkle, Trustees as recorded in AFN 202505310003 of the Cuyahoga County Records, being more definitely described as follows; Commencing at a MAG nail set at the intersection of the centerline of Nicholson Avenue (60 feel wide) and the centerline of Cliff Drive ( 50 feet wide); Thence, leaving said intersection, South 89' 19' 59" East, 30.00 feet to the easterly right of way of Nicholson Avenue; Thence, along the easterly right of way of Nicholson Avenue, North 000 40' 01" East, 68.92 feet to the Fall 2023 natural shoreline of Lake Erie and passing through an iron pin set at 43.00 feet; Thence, along the littoral rights partition line between said land conveyed to Lisa K. and Robert L. Kunkle, Trustees and the easterly right of way of Nicholson Avenue, North 010 19' 30" West, 11. 89 feet to the True Point of Beginning for the parcel herein described Thence, continuing along said littoral rights partition line, North 01 ° 19' 30" West, 34. 32 feet; Thence, leaving said littoral rights partition line. South 74° 46' 16" East, 9. 49 feet; Thence, along the are of a tangent curve which deflects to the right, 25.91 feet, said curve having a radius of 51. 29 feet, a central angle of 28° 56' 21 ", and a chord of 25. 63 feet which bears South 60' 18' 05" East; Thence, South 750 23' 17" West, 20. 97 feet; Thence, South 35' 40' 50" West, 17. 01 feet; Thence, South 88° 40' 30" West, 0. 41 feet to the point of beginning. Containing within said bounds 0.0110 acres (481 square feet) of submerged land as surveyed by KS Associates, Inc. under the supervision of Trevor A. Bixler, Professional Surveyor, No. 7730 in February and July, 2024, Bearings are based on Ohio State Plane, North Zone, NAD83( 2011) Grid North. All iron pins set are 5/ 8" x 30" capped rebar inscribed "KS ASSOCS INC PROP MARKER". The Fall 2023 Natural Shoreline is based on Fall 2023 aerial imagery.

Docusign Envelope ID: E9802B03- 950D- 407D- 8A9D- 87D3C51D91AA EXHIBIT A Submerged Land Lease Parcel 1 Parcel 312- 08- 001 0. 0110 Acres z- ram-- Trevor A. Bixler, P. S. Professional Surveyor, Ohio No. 7730 KS ASSOCIATES Civil Engineers + Surveyors 260 Burns Road, Suite 100 Elyria, OH 44035 440 365 4730 R:\ 22000\ 22144- 1 Nicholson Oulfall Design\ Legal Description\ 312- 08- 001- SLL parcel 1, docx OF oy o 7REVOR A. k BIXLER 7730 S 4NAi. SV

Docusign Envelope ID: E9802B03-950D-407D-8A9D- 87D3C51D91AA EXHIBIT A Submerged Land Lease Parcel 2 Parcel 312- 08- 001 0, 0040 Acres Situated in the submerged lands of Lake Erie lying northerly of and adjacent to the City of Lakewood and County of Cuyahoga and within the State of Ohio and lying northerly of and adjacent to Original Rockport Township Section No. 21, ( Fractional Township 7- N Range 14-W Connecticut Western Reserve). Also lying northerly of and adjacent to the land conveyed to Lisa K. and Robert L. Kunkle, Trustees as recorded in AFN 202505310003 of the Cuyahoga County Records, being more definitely described as follows; Commencing at a MAG nail set at the intersection of the centerline of Nicholson Avenue ( 60 feet wide) and the centerline of Cliff Drive ( 50 feet wide); Thence, leaving said intersection, South 89" 19' 59" East, 30. 00 feet to the easterly right of way of Nicholson Avenue; Thence, along the easterly right of way of Nicholson Avenue, North 00' 40' 01" East, 68,92 feet to the Fall 2023 natural shoreline of Lake Erie and the True Point of Beginning for the parcel herein described and passing through an iron pin set at 43.00 feet; Thence, along the littoral rights partition line between said land conveyed to Lisa K, and Robert L. Kunkle, Trustees and the easterly right of way of Nicholson Avenue, North 010 19' 30" West, 11. 89 feet; Thence, leaving said littoral rights partition line, North 880 40' 30" East, 0.41 feet to the southwesterly corner of existing submerged land lease SUB-0759- CU; Thence, along the southerly line of existing submerged land lease SUB-0759-CU, South 75° 25' 19" East, 19. 74 feet to the Fall 2023 natural shoreline of Lake Erie; Thence, leaving the southerly line of existing submerged land lease SUB- 0759- CU, along the Fall 2023 natural shoreline of Lake Erie, the following four courses; South 19° 03' 39" West, 8, 04 feet; Thence, North 820 58' 38" West, 10. 15 feet; Thence, South 87° 36' 58" West, 3. 31 feet; Thence, South 829 24' 41" West, 3.27 feet to the point of beginning. Containing within said bounds 0. 0040 acres ( 173 square feet) of submerged land as surveyed by KS Associates, Inc. under the supervision of Trevor A. Bixler, Professional Surveyor, No. 7730 in February and July, 2024. Bearings are based on Ohio State Plane, North Zone, NAD83( 2011) Grid North. All iron pins set are 5/ 8" x 30" capped rebar inscribed " KS ASSOCS INC PROP MARKER". The Fall 2023 Natural Shoreline is based on Fall 2023 aerial imagery.

Docusign Envelope ID: E9802B03- 950D- 407D- 8A9D- 87D3C51D91AA EXHIBIT A Submerged Land Lease Parcel 2 Parcel 312- 08- 001 0. 0040 Acres T < - / 43 Jz - 1, 5 " 2 . S' Trevor A. Bixler, P. S. Professional Surveyor, Ohio No. 7730 KS ASSOCIATES Civil Engineers + Surveyors 260 Burns Road, Sulle 100 Elyria, OH 44035 440 366 4730 R:\ 22000\ 22144. 1 Nicholson Oulfall Design\ Legal Description\ 312- 08- 001- SLL Parcel 2. docx t _ OF TREVOR " BIXLER 7730 tkS4/062Y, r

Docusign Envelope ID: E9802B03- 950D- 407D- 8A9D- 87D3C51D91AA EXHIBIT B Aareement for a Permanent Storm Sewer Easement HIS AGREEMENT made and concluded at Lakewood, Ohio, this a_3 day of 2026 by and between the CITY OF LAKEWOOD, Ohio, 12650 Detroit Aventle, Lakewood, Ohio and/ or its agents ( hereinafter referred to as " City") and Lisa K. R Robert L. Kunkle, Trustees 1015 Nicholson Avenue, Lakewood, Ohio together with their heirs, administrators, executors, successors and assigns ( hereinafter referred to as the Owner"). WHEREAS, Owner is the owner of real property, Permanent Parcel No. 312- 08- 001, located at 1015 Nicholson Avenue, Lakewood, Ohio, Lakewood, Ohio ( hereinafter referred to as " Property"); and WHEREAS, Owner has entered into Submerged Lands Lease SUB- 0759- CU with the Ohio Department of Natural Resources for areas of submerged lands lakeward of Parcel No. 312- 08- 001; and WHEREAS the City desires to obtain a permanent storm sewer easement. WITNESSETH: For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Owner sliall grant a perpetual and permanent non- exclusive easement to The City of Lakewood over, under, and through the premises described in Exhibit " A" Area " P 1" (" Permanent Storm Sewer Easement") attached hereto and incorporated herein fully as if by reference for the purposes of ingress and egress, installing, constructing, operating, repairing, maintaining, replacing, extending and reconstructing any and all utilities, structures, and appurtenances which the City shall cause to be recorded for record with the Cuyahoga County Recorder which will run 1of3

Docusign Envelope ID: E9802B03- 950D- 407D- 8A9D- 87D3C51D91AA EXHIBIT B with the land. This easement shall not be intended for public use, The City of Lakewood, its successors and assigns, may grant to others the right to use the Storm Sewer Easement for purposes not inconsistent with the primary purposes ofthe easement. The terms and provisions hereof shall constitute covenants running with the land, shall inure to the benefit of the general public and The City of Lakewood personnel, agents, successors and assigns and shall be binding upon each of them. 2. City shall compensate Owner $375. 00 for the easement for the 50-year period term to match the cost and term of the submerged land lease from the State of Ohio calculated at $. 01 per SF per year. Area is 749 SF rounded to 750 SF. 3. City shall temporarily remove any fence ( if necessary) to perform any work in the easement areas. Upon completion of the work, the City shall restore the fence in -kind. Once the fence is installed, the Owner will be responsible for the operation, maintenance, and removal/ replacement of said fence. 4. The Owner shall not be permitted to construct structures, stairs, buildings, retaining walls, or embankments on any part of the easement area. 5. This agreement embodies the entire agreement between the City and Owner with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral. Neither the City nor Owner has made nor relied upon any promises, representations or warranties in connection with this agreement that are not expressly set forth in this agreement. In entering into this agreement, the City and Owner have relied on the recitals representation and warranties contained in this agreement. 6. This agreement may not be modified except by a written agreement executed by the City and Owner, No waiver of any condition or covenant in this agreement by either party shall be effective unless made in writing, nor shall any waiver be deemed to imply or constitute a future waiver of the same or any other condition or covenant of this agreement. 7. This agreement shall be construed and enforced in accordance with the laws of the State of Ohio, 8. Whenever a word appears here in in its singularform, such word shall include the plural; and the masculine gender shall include the feminine and neuter genders. This agreement shall be construed without regard to any presumption 01' the rule permitting construction against the party causing this agreement to be drafted an shall not be construed more strictly in favor of or against either of the partied hereto. 2 of 3

Docusign Envelope ID: E9802B03-950D-407D- 8A9D-87D3C51D91AA EXHIBIT B 9. If any term or provision of this agreement or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the reminder of this agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this agreement shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS HEREOF, the parties have executed this agreement for the reasons stated herein and on the date( s) so noted below. OWNERS: Lisa K. & Robert L. Kunkle, Trustees Date: 2r2' BY: YvA, J Date: 2._ BY Date: Date: February 20, 2026 CITY OF LAKEWOOD: Meghan F. George, Mayor APPROVED AS TO LEGAL FORM AND CORRECTNESS: 5 Jenni r L. Swallow, Chief Assistant Law Director 3 of 3

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Docusign Envelope ID: E9802B03- 950D- 407D- 8A9D- 87D3C51D91AA EXHIBIT B Permanent Storm Sewer Easement P1 Parcel 312- 08- 001 0. 0172 Acres Situated in the submerged lands of Lake Erie lying northerly of and adjacent to the City of Lakewood and County of Cuyahoga and within the State of Ohio and lying northerly of and adjacent to Original Rockport Township Section No. 21, ( Fractional Township 7- N Range 14- W Connecticut Western Reserve). Also lying northerly of and adjacent to the land conveyed to Lisa K. and Robert L. Kunkle, Trustees as recorded in AFN 202505310003 of the Cuyahoga County Records, being more definitely described as follows; Commencing at a MAG nail set at the intersection of the centerline of Nicholson Avenue ( 60 feet wide) and the centerline of Cliff Drive ( 50 feet wide); Thence, leaving said intersection, South 890 19' 59" East, 30. 00 feet to the easterly right of way of Nicholson Avenue; Thence, along the easterly right of way of Nicholson Avenue, North 00° 40' 01" East, 68. 92 feet to the Fall 2023 natural shoreline of Lake Erie and passing through an iron pin set at 43.00 feet; Thence, along the littoral rights partition line between said land conveyed to Lisa K. and Robert L. Kunkle, Trustees and the easterly right of way of Nicholson Avenue, North 01 ° 19' 30" West, 11. 89 feet; Thence, leaving said littoral rights partition line, North 88° 40' 30" East, 0. 41 feet to the southwesterly corner of existing submerged land lease SUB- 0759- CU and being the True Point of Beginning for the parcel herein described; Thence, along the northwesterly line of existing submerged land lease SUB- 0759- CU, the following two courses; North 35' 40' 50" East, 17. 01 feet; Thence, North 750 23' 17" East, 20. 97 feet; Thence, leaving the northwesterly line of existing submerged land lease SUB- 0759- CU, along the are of a non -tangent curve which deflects to the right, 34. 14 feet to the July 12, 1993 natural shoreline of Lake Erie, said curve having a radius of 51. 29 feet, a central angle of 38' 08' 24", and a chord of 33. 52 feet which bears South 26' 45' 43" East; Thence, along the July 12, 1993 natural shoreline of Lake Erie, the following two courses; North 69° 50' 45" West, 9. 07 feet; Thence, North 750 28' 12" West, 17. 66 feet to the Fall 2023 natural shoreline of Lake Erie; Thence, along the Fall 2023 natural shoreline of Lake Erie, South 190 03' 39" West, 1. 81 feet to the southerly line of existing submerged land lease SUB- 0759- CU; Thence, leaving the Fall 2023 natural shoreline of Lake Erie, along the southerly line of existing submerged land lease SUB- 0759- CU, North 75° 25' 19" West, 19. 74 feet to the point of beginning.

Docusign Envelope ID: E9802B03- 950D- 407D- 8A9D- 87D3C51D91AA EXHIBIT B Permanent Storm Sewer Easement P1 Parcel 312- 08- 001 0. 0172 Acres Containing within said bounds 0. 0172 acres ( 751 square feet) of submerged land as surveyed by KS Associates, Inc. under the supervision of Trevor A. Bixler, Professional Surveyor, No. 7730 in February and July, 2024. Bearings are based on Ohio State Plane, North Zone, NAD83( 2011) Grid North. All iron pins set are 5/ 8" x 30" capped rebar inscribed " KS ASSOCS INC PROP MARKER". The July 12, 1993 Natural Shoreline is based on ODNR Permit 94- CUY- 07. The Fall 2023 Natural Shoreline is based on Fall 2023 aerial imagery. Trevor A. Bixler, P. S. Professional Surveyor, Ohio No. 7730 KS ASSOCIATES Civil Engineers + Surveyors 260 Burns Road, Suite 100 Elyria, OH 44035 440 365 4730 R:122000\ 22144- 1 Nicholson Oulfall Design\ Legal Description\312-08- 001- Esml.docx hQ rOF O TREVOR A. k BIXLER 7730 Fs 0srE` s ONAL S