The following information has been provided to us by the Mahoning County Auditor. This policy became effective January 1, 1999. You are cautioned not to rely upon the following information without having your attorney review your instrument of conveyance and contact the Auditor to determine the current standards.

The following information is provided as a service to real estate professionals in Ohio by Thompson Hine LLP.

STANDARDS GOVERNING CONVEYANCES
OF REAL PROPERTY IN MAHONING COUNTY, OHIO

These Conveyance Standards and Procedures are subject to change as determined by the Mahoning County Auditor and Mahoning County Engineer. The Conveyance Standards will not be changed without public notice and two public hearings regarding the change.

Approved by:

George J. Tablack, Mahoning County Auditor, November 23, 1998
Richard Marsico, Mahoning County Engineer, November 23, 1998

Conveyances with Existing Metes and Bounds Descriptions

This section contains requirements for conveyances of property that use metes and bounds descriptions that are already on record in the Mahoning County Recorder’s Office.

1. All existing metes and bounds descriptions of record will be checked by the Mahoning County Engineer’s Tax Map Office to approve the description, verify ownership, and identify the parcel number to be conveyed. Submit all metes and bounds descriptions to the County Engineer’s Tax Map Office for review a minimum of two working days prior to the desired recording date.
   
   
2. Any existing metes and bounds descriptions of record will be checked for closure within current state standards. If the description fails to close within current state standards, the description will be stamped, "Next Transfer Will Require a New Survey," and the conveyance will be put to record.
   
   
3. Property with a metes and bounds descriptions which, since the previous conveyance, has been incorporated into a municipality or other political subdivision by means of annexation must be described to reflect its new corporate location within the instrument of conveyance.
   
   
4. Whenever a description encompasses two or more taxing districts, a breakdown of the total area in each district must be recited within the description.
   
   
5. Each tract of land that is not a platted lot or condominium unit shall be described by a metes and bounds description.
   
   
6. The conveyance of all or any portion of railroad right-of-way must be conveyed with a new boundary survey, a new legal description and a survey drawing which must satisfy the requirements of Chapter 4733-37 of the Administrative Code of the State Board of Registration for Professional Engineers and Surveyors of the State of Ohio and the Mahoning County Conveyance Standards. Railroad right-of-ways and Steel Mill property will NOT be transferred without a new survey.
   
   
7. All deeds which transfer percentage interest of property owned by more than one person must be submitted with the names of all who own a percentage in the property, before it is transferred. This must also state the owners’ percentage in the property. (See Percent Interest in Property form).  

Conveyances with New Metes and Bounds Descriptions

All conveyances using new metes and bounds descriptions, not previously recorded, must incorporate the following requirements:

1. Must be checked by the Mahoning County Engineer’s Tax Map Office to approve the description, verify ownership, and identify the parcel number to be conveyed. Submit all metes and bounds descriptions to the County Engineer’s Tax Map Office for review a minimum of two working days prior to the desired recording date.
   
   
2. Must denote state, county, and township or municipality in which the property is located as well as the section, tract or out lot number.
   
   
3. Must recite previous deed reference.
   
   
4. Must be referenced to an established point of beginning, such as county or state monuments at intersections of streets or roads of record, or sections, quarter sections, great lots or tract corners.
   
   
5. Must be prepared by a Registered Surveyor in accordance with Chapter 4733-37 of the Administrative Code of the State Board of Registration for Professional Engineers and Surveyors of the State of Ohio.
   
   
6. Must recite the name and Ohio registration number of the surveyor.
   
   
7. Must recite the date the survey was completed.
   
   
8. Must include a statement indicating that the description was prepared from an actual field survey. Legal descriptions prepared from existing records will be not be accepted.
   
   
9. Must show measurements in U.S. Survey Foot. When metric units are shown, the English equivalent must be shown. State whether original measurements were in English or in Metric. The preferred conversion of the Mahoning County Engineer’s Office is 3.28083333 feet per meter. {Example: 100 feet (30.480 meters)}
   
   
10. Must not have parcel numbers placed in deeds.
    
    
11. Must state the total acreage figure accurate to the nearest thousandth and show what acreage is located in the road right-of-way.
    
    
12. Must recite within the description a breakdown of the total area in each district whenever a description encompasses two or more taxing districts.

In addition to the requirements as set forth above, all new metes and bounds descriptions must incorporate the principals and minimum standards of good surveying, engineering and draftsmanship as defined by Sections 4733-37 through 4733-37-07 of the Administrative Code of the State Board of Registration for Professional Engineers and Surveyors of the State of Ohio.

Conveyances for Recorded Lots

The following are requirements for conveyances of Recorded Lots. The descriptions of portions of Recorded Lots must be checked by the Engineer’s Tax Map Office.

1. The conveyance instrument must contain the following:
   1. state, county, and township or municipality in which the parcel is situated
   2. previous deed reference
   3. name of preparer
      
      
2. A recorded or city lot shall be described by its lot number, the name of the subdivision and the volume and page as recorded in the Mahoning County Recorder’s Office (where available) as required by Ohio Revised Code Section 711.01.
   
   
3. No recorded lot may be split without a replat approved by the appropriate planning commission, except when a Village, City, County or State, for purposes of right-of-way, takes strips of land adjoining existing right-of-ways.
   
   
   1. All right-of-way takes must be surveyed with accurate dimensions and acreage figures.
      
      
   2. The split for a right-of-way must also be submitted at least two days prior to the day desired to place it to record.
      
      
   3. In a case where the dimensions do not match existing records, a survey will be required of the right-of-way take and of the lot from where it was split.
      
      
   4. A platted lot which has had a split taken for right-of-way purposes may be transferred only if the right-of-way portion is described by a survey in the description.
      
      
4. Any portion of a recorded lot which was split prior to the creation of the Mahoning County Conveyance Standards, must have an adequate description for the portion being conveyed. An adequate description for part of a platted lot would be "the westerly 10 feet of Lot 112 in the City of Youngstown." The 10 feet must be between parallel lines. any portion of a recorded lot that can not be described as above must be in metes and bounds in accordance with OAC 4733-37-06 (B).
   
   
5. All conveyances that clear up titles should accompany the plat or replat when the plat or replat goes to record. If the conveyances are not accompanying the plat or replat, a letter will be sent to the owners involved in the split or plat notifying them this should be done.
   
   
6. All conveyances which transfer percentage interest of property owned by more than one person must be submitted with the names of all who own a percentage in the property, before it is transferred. This must also state the owners’ percentage in the property.

Miscellaneous Conveyances by Specific Topics:

Certificate of Transfer:

Whenever a conveyance described in acreage is a Certificate of Transfer and the Certificate of Transfer conveys property from one family member to another family member and the description does not meet the requirements located in the Mahoning County Conveyance Standards, the County Engineer’s Tax Map Office will stamp the conveyance, "For Probate Only" and the transfer will occur. The conveyance will also be stamped, "Next Transfer Will Require a New Survey." In the case where there is a married couple, and one passes away and gives his or her interest in property to the other, the deed will be stamped, "For Probate Only." When the other party passes away, the deed will be stamped, "For Probate Only" and "Next Transfer Will Require a New Survey." A family member is defined as a blood relative or a person who is married to a blood relative. This includes fathers, mothers, sons, daughters, in-laws, nieces, nephews, aunts, uncles, cousins, etc. Please note that subsequent transfers including Certificates of Transfer, except for the above-described situation, will require a new survey even if the transfer is to another family member. If the Certificate of Transfer conveys property to a grantee that is not a family member and the description does not meet the Mahoning County Conveyance Standards requirements, the transfer will be stamped, "Next Transfer Will Require a New Survey," and the transfer will occur.

Condominiums (See Standard Order of Procedures for condominiums):

A condominium unit shall be described by its unit number or other designation and the name of the condominium project as set forth in the declaration, as required by Ohio Revised Code Section 5311.10.

All new condominium declarations and amendments to existing condominium declarations must be submitted to the Mahoning County Auditor’s Office a minimum of three working days prior to the desired recording date.

New units must have finished foundations before being put to record.

Geographic Information Systems (GIS):

Upon implementation of the Geographic Information System in Mahoning County these Conveyance Standards and Procedures will be revised.

Illegible Writing:

No document will be accepted in which the document or attachment to it is illegible as determined by the County Auditor or County Engineer.

Inadequate Description:

A legal description may be deemed inadequate by the County Engineer’s Tax Map Office if any of the following exist:

1. the metes and bounds description is presented in chains and links
2. the point of beginning is not accurate and understandable
3. the conveyance lists more than three exceptions of property
4. the acreage exceptions are not in metes and bounds descriptions
5. the previous deed description to record does not match the existing tax maps
6. a description is without dimensions
7. a reference to property ownership that has not been updated
8. the parcel is not owned by the grantor when a split, plat or replat is involved
9. a description that contains scribner errors, omissions or other obvious mistakes.

If a description is deemed inadequate, it will be stamped, "Next Transfer Will Require a New Survey," and the conveyance will be put to record.

Land Contracts:

Land contracts shall be routed through the Mahoning County Engineer’s Tax Map Office for review to comply with Section 4733-37-06 of the Ohio Administrative Code. Should the legal description of an existing parcel be deemed inadequate then a new boundary survey, a new legal description and a survey drawing will be required at the time of transfer of title, which shall satisfy the requirements of the Mahoning County Conveyance Standards. Land Contracts can not split a platted lot or create a parcel of property less than 5 acres. It is the responsibility of the grantor and the grantee to pre-check all land contract descriptions in the Mahoning County Engineer’s Tax Map Office.

Land Locked Property:

Definition: Land locked property is property that has no access to a right-of-way without traveling over a property line created on the Mahoning County tax maps from a previous split. The land locked property may have an easement to a right-of-way or the land locked property may even be adjacent to property owned by the same person that has access to a right-of-way, but the parcel once created can be sold as an independent piece of property.

The Mahoning County Auditor’s Office and Mahoning County Engineer’s Office highly discourage the creating of Land Locked Property. Land Locked Property will not be created without the proper Planning Commission approval.

Quit Claim:

Quit Claim conveyances that have descriptions in acreage will be treated no different than a Warranty conveyance. The description will need to be approved by the County Engineer’s Tax Map Office before a transfer occurs.

Railroads:

The conveyance of any portion of railroad right-of-way shall require a new boundary survey, a new legal description and a survey drawing which must satisfy the requirements of Section 4733-37 of the Ohio Administrative Code and the Mahoning County Conveyance Standards.

Sheriff Sales:

In the case of a Sheriff Sale conveyance where the acreage description is deemed not accurate by the County Engineer’s Tax Map Office, the conveyance will be stamped, "Next Transfer Will Require a New Survey." If in the next attempt to transfer the property with the old description, the County Engineer’s Tax Map Office will deny the description and the transfer.

Steel Mills:

The conveyance of any portion of former or current steel mill property will require a new boundary survey, a new legal description and a survey drawing which must satisfy the requirements of Section 4733-37 of the Ohio Administrative Code and the Mahoning County Conveyance Standards.

Survey Consolidation:

In order to combine adjacent property and to eliminate land locked property, the following procedure has been created. This will enable the taxpayer to receive one tax bill and enable the Mahoning County Engineer’s Tax Map to eliminate lines on the tax map.

This can be done in one of two ways.

1. Survey the property and place it on a plat or replat.
   
   
2. Survey the property. Then take the new survey description and survey map to the Mahoning County Engineer’s Tax Map Office for approval. Then record the new survey and the survey map that shows where the boundaries used to be prior to the consolidation. The new survey description would be put to record in the Mahoning County Recorder’s deed book (example of this would be a Quit-Claim Deed with the new survey description) and the survey map would be put to record in the Mahoning County Recorder’s Plat book.

The survey map must contain:

1. all previous deed references
2. found & set monuments
3. all old boundary lines (dashed lines)
4. all new boundary lines (solid, thick lines)
5. the surveyor’s name and Registration number
6. date the survey was done
7. the acreage figure broken down
   Right-of-Way
   Acreage
   Total Acreage
8. Mahoning County Engineer’s Tax Map Stamp

SURVEY CONSOLIDATIONS INVOLVING TWO OR MORE TAXING DISTRICTS WILL BE ACCEPTED.
For taxing purposes, the year the new survey and survey map go to record is the tax year that it goes into effect. For example, if the new survey and survey map go to record on June 30, 1998 then it would go into effect for Tax Year 1998.

Vacation of Dedicated Roads, Streets and Alleys:

Vacated roads, streets and alleys will be taxed on the adjacent parcel.

Variances to Standards:

If a subject arises that does not fit into any category discussed within these standards, then a formal request for a variance must be submitted to the Mahoning County Auditor and the Mahoning County Engineer a minimum of 5 working days prior to the day desired to place them to record. See Request for a Variance Form.

Standard Order of Procedures
for acreage deeds, splits, plats and replats
(Effective January 1, 1999)

1. Submit proper items to the appropriate Planning Commission (Plats and Replats).
   
   

   Township/Municipality	Planning Authority Approval	Phone (330)
   Beloit Village	Beloit Village Planning P.O. Box 276 17893 5th Street Beloit, Ohio 44609	No phone
   Canfield City	Canfield City Planning	533-1101
   Campbell City	Campbell City Planning	755-1451
   Sebring City	Sebring City Planning	938-9340
   Struthers City	Struthers City Planning	755-2181
   Village of Columbiana	Columbiana Village Planning	482-2173
   Village of Craig Beach	Craig Beach Planning	654-2107
   Village of Lowellville	Lowellville Planning	536-6415
   Village of Poland	Poland Village Planning	757-2112
   Youngstown City	Youngstown City Planning Comm	742-8842
   All Others	Mahoning County Planning Comm.	270-2890

   
   
2. Submit proper items to the Mahoning County Engineer’s Tax Map Office located in the basement of the Mahoning County Courthouse, 120 Market Street, Youngstown, Ohio 44503. See Items to be Submitted. If property is on CAUV (farm bill) refer to the Checklist for proper items to be submitted to the Mahoning County Auditor’s Office CAUV appraiser.
   
   
3. Acquire all parent parcel numbers pertaining to the acreage deeds, splits, plats and replats when the conveyance document is dropped off at the Mahoning County Engineer’s Tax Map Office.
   
   
4. Pick up a Checklist from the Mahoning County Auditor’s Office or Engineer’s Tax Map Office or Planning Commissions’ Office.
   
   
5. If it is approved by the Mahoning County Engineer’s Tax Map Office, pick up the deed, plat or replat, complete the Checklist and submit all items to the Mahoning County Auditor’s Office between the hours of 8 AM and 3:30 PM. If it is denied by the Mahoning County Engineer’s Tax Map Office, you will be contacted with the reason for denial and how it can be corrected. (Please do not fail to put phone number on the Control Form. (See Mahoning County Engineer’s Tax Map Office Control Form)
   
   
6. In the Mahoning County Auditor’s Office, give the deed, plat or replat to the counter clerk. The counter clerk will check to determine if taxes are paid. If paid, the counter clerk will proceed with the conveyance process. This takes time and depends on the quantity of work involved. The process is a first come, first serve basis. The counter clerk will enter the conveyance into the computer for the future year. Please note with a split, plat or replat: property placed on record this year does not go into effect until the next tax year and does not have taxes collected on it until the following calendar year. For example, if a split, plat or replat goes to record on January 12, 1998, it will not go into effect until Tax Year 99 (which begins 1/1/99) which is collected in Calendar Year 2000. If the conveyance is a full transfer, the grantee will not become official owner (for tax purposes) until January 1 of the following year. For example, if the property is conveyed on March 1, 1997, the grantee will become official owner (for tax purposes) on January 1, 1998. After the counter clerk puts the deed, split, plat or replat into the computer, you will pay your fees: Transfer Fee of $.50 per parcel transferred, Conveyance Fee of $1.00 per $1000.00 and $.10 per $100.00 of the purchase price, and Permissive Tax of $3.00 per $1000.00 of the purchase price (as of March 31, 1998). Then you will turn in the appropriate papers (exempt or conveyance form and the 2-1/2 rollback, if applicable).
   
   
7. Take the documents to the Mahoning County Recorder’s Office to be put to record. THE TRANSACTION IS NOT COMPLETE UNTIL YOU RECORD YOUR DOCUMENTS. See Checklist for fees.

Checklist
(Effective January 1, 1999)

The following items should be checked by the submitter of the deed, split, plat or replat.
You will need to acquire a parcel number in order to check some of the following items. (Please obtain all parcel numbers pertaining to the deed, split, plat or replat from the Mahoning County Engineer’s Tax Map Office when it is dropped off for preapproval.)

The following items may be checked on the public computers located in the Mahoning County Auditor’s, Treasurer’s or Recorder’s Offices in the Mahoning County Courthouse, 120 Market Street, Youngstown, Ohio.

Information about the following can be obtained in the Real Estate Department of the Mahoning County Auditor’s Office which is located on the first floor of the Mahoning County Courthouse or by phone (330) 740-2010.

All fees and taxes as of January 1, 1999.

Information about the following can be obtained in the Mahoning County Recorder’s Office which is located on the first floor of the Mahoning County Courthouse or by phone (330)740-2345.

Mahoning County Recorder’s Fees - There is also a fee to record all deeds, plats and replats in the Mahoning County Recorder’s Office. The Secretary of State sets the fees for the Mahoning County Recorder’s Office.

Items to be Submitted

All acreage deeds, splits greater than 5 acres, plats and replats must be submitted to the Mahoning County Engineer’s Tax Map Office for approval a minimum of two (2) working days prior to the day desired to place them to record. The Mahoning County Engineer’s Tax Map Office located in the basement of the Mahoning County Courthouse, 120 Market St., Youngstown, Ohio 44503 is open for business Monday through Friday, 8 AM to 4:30 PM.

Depending on the complexity of the submittal, the approval time may be longer for railroads, steel mills, etc.

Items to be submitted to the Mahoning County Engineer’s Tax Map Office:

1. For existing metes and bounds descriptions:
   
   
   1. A copy of the most recent deed put to record describing the property in question.
      
      
   2. The deed that will be going to record.
      
      
   3. A completed "Control Form" with contact name, address and telephone number where the contact person can be reached (See Control Form).
      
      
2. For new metes and bounds descriptions:
   
   
   1. *A copy of the written survey.
      
      
   2. *A copy of the drawing of the survey prepared by a Registered Surveyor.
      
      
   3. The location of all buildings must be shown on a copy of the drawing of the survey.
      
      
   4. The deed that will be going to record.
      
      
   5. A completed "Control Form" with contact name, address and telephone number where the contact person can be reached (See Control Form).
      
      
   6. A copy of the most recent deed put to record describing the property in question.
      
      
   7. A copy of the closure calculations.

   *Please note that the copy of the new written survey and the drawing of the survey will be kept by the Mahoning County Engineer’s Tax Map Office and will become public record.

3. For plats and replats
   
   
   1. Mylar that has appropriate planning approval.
      
      
   2. A completed "Control Form" with contact name, address and telephone number where the contact person can be reached (See Control Form).
      
      
   3. A copy of the most recent deed put to record describing the property in question.
      
      
   4. A copy of the survey drawing indicating approximate building locations should also be provided for the Auditor’s Office.

MAHONING COUNTY ENGINEER'S TAX MAP OFFICE CONTROL FORM

Standard Order of Procedures for new condominium declarations and amendments to existing declarations:

All new condominium declarations and amendments to existing declarations must be submitted to the Mahoning County Auditor’s Office located on the first floor of the Mahoning County Courthouse located at 120 Market Street, Youngstown, OH 44503 for approval a minimum of three (3) working days prior to the day desired to place them to record. The Mahoning County Auditor’s Office is open for business Monday through Friday, 8:00 AM to 5:00 PM.

Items to be submitted to the Mahoning County Auditor’s Office:

1. A copy of the new declaration or amendment that will be kept on file in the Mahoning County Auditor’s Office. *
   
   
2. Mylar drawing of the site plan that contains the condo name and phase going to record. This must also show the location of the new units being put to record with their unit designations.
   
   
3. A filled out Mahoning County Auditor’s Office Real Estate AUD 077 form (See Form AUD 077). This may be picked up at the Real Estate counter in the Mahoning County Auditor’s Office.
   
   

*All units that are being submitted must have, at least, the foundation of the unit complete before that phase will go to record.

Definitions:

Boundary Survey - A legal description and/or map of measured boundaries of real property surveyed by a registered surveyor.

Building Site - A parcel of land that is suitable to establish a building unit.

Plat - A map or drawing on which the developer’s plan or subdivision is presented to the appropriate planning commission for approval.

Replat - A map or drawing on which a change is made to an existing recorded plat. The map or drawing must be presented to the appropriate planning commission for approval.

REQUEST FOR A VARIANCE FORM

Name____________________________________________

Address__________________________________________

_________________________________________________

Phone____________________________________________

Please describe and state reason for variance_______________

_________________________________________________

_________________________________________________

_________________________________________________

_________________________________________________

_________________________________________________

_________________________________________________

_________________________________________________

_________________________________________________

_________________________________________________

_________________________________________________

_________________________________________________

_________________________________________________

Office Use Only:
Date received_______Approved:___Not Approved___

Engineer_________________________Auditor____________

Reason___________________________________________

_________________________________________________

_________________________________________________

_________________________________________________

_________________________________________________

PERCENT INTEREST IN PROPERTY:

1. ____________________________________________

2. ____________________________________________

3. ____________________________________________

4.____________________________________________

5.___________________________________________

6.____________________________________________

7.____________________________________________

8.____________________________________________

9.___________________________________________

Total Interest

Last modified: 4-Feb-99
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