Approval of the Termination of Cross-Access Easement Agreement for 443 Marengo Road — E-6

AGENDA ITEM # E-6 AGENDA INFORMATION TIFFIN CITY COUNCIL COMMUNICATION DATE: October 1, 2026 AGENDA ITEM: Approval of Termination of Cross-Access Easement Agreement – 443 Marengo Road & AKAAY, LLC ACTION: Motion Background The City has been presented with an agreement to terminate an existing Cross-Access Easement Agreement between 443 Marengo Road, L.C. and the former owners of the adjacent property, Chad L. Freeman and Teresa Lee Freeman. The original Cross-Access Easement Agreement was executed on February 24, 2020, and recorded with the Johnson County Recorder on December 17, 2020, in Book 6150, Page 675. The agreement established reciprocal easements for pedestrian and vehicular ingress and egress between the properties. AKAAY, LLC is the current owner of the adjacent property, having acquired the property from Chad and Teresa Freeman in June 2026. The existing easement agreement runs with the property. he property owners have requested termination of the Cross-Access Easement Agreement in its entirety. Section 16 of the original Easement Agreement requires that any amendment, modification, or termination be completed in writing by the parties and requires the prior written consent of the City. The proposed termination agreement would extinguish the existing easements, rights, covenants, and obligations created under the Cross-Access Easement Agreement. Following the effective date, neither property owner, nor their successors, tenants, or permittees, would have rights to use the easement areas under the terminated agreement. The City is not a party to the underlying private easement, but its written consent is required under the original agreement. The proposed document provides a signature block for the Mayor and City Clerk to execute the City's consent on behalf of the City, subject to City Council authorization. 1