The following information has been provided to us by the Paulding County Auditor, and was received June 1, 1996. 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.

1. REQUIREMENTS FOR ALL RECORDED LOTS OF RECORD
   1. All instruments conveying a recorded lot in a municipality or recorded subdivided area must designate the lot number(s), the official recorded name, the Plat Book and Page number reference of official record, and the prior recorded deed reference if any exists.
   2. Any out-lot or portion of a recorded lot must have an accurate description to establish a tax structure for the portion being conveyed, so as to enable the County Offices to determine the residue or balance left, based on the current Tax Maps and Parcel Numbers.
   3. Any area being conveyed in what is commonly known as an "Unrecorded Plat" must have a metes and bounds description.


2. REQUIREMENTS FOR EXISTING METES AND BOUNDS DESCRIPTIONS OF RECORD
   1. All existing metes and bounds descriptions of record, which do not create or alter the current tax structure of a parcel (s) will be checked by the Paulding County Engineer's Office to verify and identify to the Paulding County Auditor the tax parcel(s) to be conveyed.
   2. All existing metes and bounds descriptions of record must be described verbatim as witnessed by the instrument of previous record and transfer. The correction of scribner errors, omissions or other obvious mistakes are permitted in order to make the description more accurate.
   3. Any existing metes and bounds description which, since the previous conveyance, has been incorporated into a municipality or other political subdivision by means of annexation must be changed to reflect its new corporate location within the situate of the subject instrument of conveyance.
   4. All instruments of conveyance attempting to convey the remainder or balance of an existing tax parcel(s) from which out-lots or exceptions to title exist must incorporate the following requirements:
      1. Each out-lot or exception to title of the original tract(s) must be described verbatim as witnessed by the previous conveyance of record. The correction of scrivener errors, omissions or other obvious mistakes are permitted in order to make the description more accurate.
      2. Each documented exception must recite the title and its recorded source by which it can be readily verified. It is not the intent that all easements and restrictions are to be recited unless they are on the previous instrument or readily available.
      3. It is desired that all instruments of conveyance using exceptions to title to convey the balance of remainder of a tax parcel(s) incorporate a statement identifying the tax parcel(s) and district to be conveyed, and the current taxable area as witnessed by the Paulding County Auditor's tax duplicate for the subject conveyance. (i.e., It is the intent of this instrument to convey all of Tax Parcel(s) number and district, containing acreage or footage, as shown by the Paulding County Auditor.
   5. All metes and bounds descriptions must contain all the information pertaining to the description that will be used on the legal instrument form when checked by this Office for pre-transfer verification or approval.


3. REQUIREMENTS FOR NEW METES AND BOUNDS DESCRIPTIONS FOR CONVEYANCE

   All new metes and bounds descriptions, not previously recorded, must incorporate the following.

   1. Situate:
      1. Must denote state, county, township, municipality (if appropriate). It must also denote township #, range #, section #, and quarter section, etc.
      2. Must denote recorded title and deed reference as to the tract(s) of origination.
   2. Starting Point:
      1. All descriptions must be referenced to an established point of beginning (which shall me monumented as per minimum standards), being section, and/or quarter section corners, or original corners of subdivision.
   3. Courses:
      1. Each course of a new metes and bounds description should be a separate paragraph, and all courses must be stated in a clockwise direction from point of beginning to point of termination for the subject description.
      2. Each course of a new metes and bounds description shall contain a bearing expressed in degrees, minutes and seconds and a distance recited in feet and decimal parts thereof, from point of origination to a point of termination of each course.
      3. The basis of the bearings shall be given in a statement similar to the following:

         "This bearing is based on an assumed (or magnetic) meridian and all other bearings are from angles and distances measured in the field."

      4. Each course must recite all monumentation, (See 4733-37-03 of Minimum Standards), either placed or found along each course, or at the point of origination and/or termination of each course. This recitation shall include the type, size and material of each monument.
      5. Every boundary monument and/or reference monument set by the surveyor shall, when practicable, be in accordance with 4733-37-03 of the Minimum Standards for Boundary Surveys in the State of Ohio. (see attachment)
      6. Each course must show all other common lines such as centerlines of roads, rivers, streams etc. quarter section lines or section lines, or any other pertinent common line of record or interest as witnessed by the survey for the conveyance.
   4. Curves:
      1. Any Course of a new metes and bounds description which is a curve must contain the direction of the curve (right or left), the radius (in feet and decimal parts thereof), tangents, and the long chord bearing and distance (in feet and decimal parts thereof) of same.
   5. References:
      1. All references to roads, rivers, streams, railroads etc. must use current or existing numbers or names of record. Old or original names may also be mentioned if they would add clarity.
   6. Acreage:
      1. All new metes and bounds descriptions must give the acreage contained within its perimeter and calculated to the third decimal place. The total acreage contained within the road right of way shall be recited to the third decimal place. Total calculated square footage may also be mentioned as a matter of option.
      2. Whenever a new metes and bounds description encompasses two or more taxing districts, or two or more tax parcels, a breakdown of the total area must be recited to create an accurate tax structure.
   7. Surveyor or Author:
      1. All new metes and bounds descriptions prepared by a surveyor must incorporate the following:
         1. Printed surveyors name and address.
         2. Ohio Registration Number and seal.
         3. The date of writing and/or survey.
         4. A statement indicating whether the subject description was prepared from an actual field survey or from existing records similar to the following:

            The above description is based on a "field survey performed by on month, day, year" or "from existing records".

         5. Surveyor's signature.
      2. All new metes and bounds descriptions prepared by a person other than a registered surveyor must incorporate the following:
         1. The printed name and address of the author.
         2. Date of writing of description.
         3. A statement indicating that the description is prepared from existing records or specify means from which it is derived.
   8. Prior Deed References:
      1. The deed reference(s) from which the grantor of the conveyance acquired title must be recited.
   9. All new metes and bounds descriptions will be subject to computer verification as to the accuracy of the traverse closure (1/10,000 minimum allowable traverse closure) of the area as described. Whenever this process is necessary there will be a delay in approving the conveyance for transfer purposes. It is suggested that the surveys be presented for pre-transfer approval 24 hours in advance of making the survey available to the public.
   10. All instruments containing new metes and bounds descriptions, which meet all of the aforementioned requirements will be stamped "Description Checked" and the proper notations will be made on the instrument of conveyance, verifying a correct tax structure to the County Auditor.
   11. Whenever the descriptive content of any legal instrument of conveyance is determined to be ambiguous, it will require that a statement of intent and/or nature be incorporated as part of the instrument, to clarify the parcel(s) to be conveyed.
   12. All new metes and bounds descriptions prepared by a registered surveyor must be accompanied by a signed and sealed plat of survey.
   13. All splits must be approved by the Paulding County Regional Planning Commission, or the Village of Paulding Planning Commission, as applicable.
   14. Descriptions other than metes and bounds may be acceptable if they properly describe the tract, i.e., "Being 10 feet off the west side of Lot No. 1000, etc.)


4. REQUIREMENTS FOR PLATS OF SURVEY
   1. Any author shall prepare a scale drawing of every new metes and bounds description he or she originated, and make available a copy of the drawing to be filed with the Paulding County Engineering Department.
   2. All plat drawings must incorporate the following details:
      1. A title, such that the general location of the subject survey can be readily identifiable. (This requirement should include the same information as established by Sections 1, Item A and B of the "REQUIREMENTS FOR NEW METES AND BOUNDS DESCRIPTIONS FOR CONVEYANCE").
      2. A north arrow with a clear statement as to the basis of the reference - Direction Used.
      3. The control station(s) or starting point reference as cited in the deed description.
      4. All monumentation either found or placed, as cited by the metes and bounds description, together with a legend of the symbols used to identify the subject monumentation showing the material and size for each. If all monuments are identified individually, no legend will be required.
      5. All existing title, and source of title of adjoining owners along each boundary line of the subject survey along with the acreage or lot number of the adjacent tracts.
      6. All boundary information for each course as established by "REQUIREMENTS FOR NEW METES AND BOUNDS DESCRIPTIONS FOR CONVEYANCE" Section 3, Items A thru F and Section 4 Item A.
      7. A citation of pertinent documents and sources of data used as a basis for carrying out the work. This shall include Field Book number and page or right of way drawing number for all highway centerlines, if such record exists, or other sources as applicable (canal plans, railroad plans, etc.).
      8. The scale of the subject drawing.
      9. The surveyors printed and signed name, Ohio Registration Number and reproducible Stamp or Seal.

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

         These requirements are based on the "Minimum Standard for Boundary Surveys in the State of Ohio." Said Minimum Standards have been accepted by the State Board of Registration for Professional Engineers and Surveyors as an operating rule and became effective May 1, 1980 according to Sections 4733-37 to 4733-37-07.

5. MINIMUM STANDARDS FOR BOUNDARY SURVEYS IN THE STATE OF OHIO
   1. [Minimum Standards for Boundary Surveys in the State of Ohio attached to county requirements]

DESCRIPTION CHECKING METHODS AND PROCEDURES

1. Whenever a Sheriff's deed or court ordered property transfer (certificate of transfer from Probate Court, etc.) is submitted, where the description is deficient (lack of precision concerning closure or other inadequacy).

   There will be a stamp for using on appropriate instruments (sheriff's deeds and court ordered property transfers) with inadequate descriptions, stating that "survey will be required for next voluntary transfer, Paulding Co. Eng. Off. ".

2. When parcel descriptions are submitted that contain exceptions, it may be unclear or even impossible to determine the identity of the tract to be conveyed or whether the exception was deducted from the area of the parent parcel.

   Parcels with exceptions are required to state the remaining acreage (inlots of record being exempt). While the acreage given may not exactly match the acreage on record it will help to facilitate identification of the parcel. Large differences between the stated acreage and the acreage on record may reveal a failure to convey all that is intended.

3. Inadequate parcel descriptions are submitted on instruments where the transfer is to a member of the same family or the ownership or control of the parcel remains with the same individual (affidavits of transfer, trusteeships, private corporations, etc.) but although the description does not rate the "APPROVED" stamp, the parcel may still be identified.

   The "presented" stamp may be used only when applicable (transfers within family, or ownership or control of the property is not transferred to other individuals by means of a bona fide sale) and then, only when specifically asked for.

4. Parcel descriptions are submitted that repeat tracts: first including then excepting the same tracts, probably reflecting the sequence of acquisition of the owner's total but confusing the determination of the parcel to be conveyed.

   Descriptions may be required to be revised that defy common sense while not strictly being incorrect. Example: NW1/4NW1/4 and the NE1/4NW1/4 and the SW1/4NW1/4 excepting the NE1/4NW1/4 and the SW1/4NW1/4. Clearly the NE1/4NW1/4 and the SW1/4NW1/4 by first being added to, then subtracted from the parcel accomplishes nothing but needless confusion. Such a revision will not constitute a change in the description which would require a new survey, as long as it is clear that the parcel is not materially changed.

5. Parcel descriptions are submitted that were formulated before the area that contains it was annexed to a village. Such "carried" descriptions may not be taxed correctly since it may be assessed at an incorrect rate by the County Auditor's office. The County Recorder's office may also have difficulty listing the parcel in such a way that its paper trail may easily be found.

   If a parcel description gives incorrect or out of date jurisdiction, it must be updated or corrected since it's important for taxing purposes and for abstracting the parcel.

6. Parcel descriptions are submitted that refer to a description on a previously recorded instrument to describe a boundary or part of a boundary rather than describe the line as part of the text. This makes it necessary for the various government agencies involved to look up and interpret the aforesaid previously recorded description thereby increasing the cost to the taxpayers, of operating the said government agencies

   If a description refers to a previously recorded instrument to define a boundary or a portion of a boundary, a copy of said previously recorded instrument must be provided.

7. Our office routinely disapproves survey descriptions when the bearings and distances given do not allow closure to within specified tolerances (1/2000 or 1/5000 for older surveys, and proposed 1/10000 for new surveys). It has been brought to our attention that a call to a specified point takes precedence over a measured distance and that closure may then be attained with an erroneous distance. It must be recognized that a land owner, in order to lay out a building site, may be measuring from the said called specific point towards a point that may not be monumented. Since lack of closure indicates an error in measurement, whether angular or linear, our office wants to avoid, as much as possible, the prospect of approving a survey description that leads to an encroachment.

   That continuing past policy, surveys which give a distance to a called specific point (whereby said distance may* not allow closure within spec.) will not be approved. Although the called point may legally effect closure the erroneous distance may cause a structure to be erected with an encroachment upon an adjacent parcel.

   * Our office can only check the accuracy of a survey by determining if the traverse returns to the point of beginning with a reasonable degree of precision (1/2000, 1/5000 or 1/10000, whatever standard is appropriate). It should be kept in mind that if a survey or a description fails to close we cannot generally tell which bearing or distance is at fault. Some latitude may be appropriate if the gap between the beginning and end points is not enough to affect the locating of possible building or planting sites.

8. Sometimes parcel descriptions are submitted that are complicated and confusing due to the nature of the configuration of the parcel being conveyed. In many cases a generalized statement of the nature of the parcel or its relation to adjacent parcels, or the intent of the conveyance can help to clarify the issue. Such a precaution would facilitate the processing of instruments of conveyance by the various government agencies.

   Whenever the descriptive content of any legal instrument of conveyance is determined to be unavoidably ambiguous, it may be required that a statement of intent and/or nature be incorporated as part of the instrument, to clarify the parcel to be conveyed.

9. Our office fairly frequently receives descriptions that give an acreage different from that shown on the record, with no information as to how the new figure was arrived at. The County Auditor's office needs a reliable means to determine the actual area of a given parcel in order to fairly assess the taxes due on it.

   Acreage of record can be changed when a survey is provided or a survey description gives a different acreage than that shown on record (provided accuracy is confirmed). Neither surveys nor descriptions may deduct acreage for road or other types of right-of-way unless said right-of-way was acquired by grant or purchased by warranty deed by the appropriate government agency. All survey descriptions or survey plats must show the total acreage within the legal boundaries of that parcel.

10. Our office has received instruments of conveyance for approval that result from divorce settlements or other court ordered property splits that do not conform to the minor-subdivision regulations in one form or another. The Engineer's Office has no desire to conflict with judges' rulings.

    Court ordered minor subdivision splits that don't adhere to the regulations will be referred to the Paulding County Planning Commission by normal application procedure per the commission regulations, which will act appropriately on a case by case basis, to safeguard the public welfare.

11. To the present, the procedures of the Engineer's deed checking department has been patterned after the Ohio Attorney General's Opinion 87-110 in that no description can be refused because the owner's name of record doesn't match what's on the instrument. Along those lines we have not refused descriptions that failed to mention an exception of record since that constitutes a conflict of ownership, although we do bring it to the attention of whoever is submitting the instrument. Up to now the County Auditor's office has held up transfers which leave off an exception.

    The omission of one or more exceptions will prevent approval for the transfer of a parcel.

12. Even with the above mentioned provisions for simplifying and clarifying parcel descriptions, an excessive number of exceptions does not serve the public well, either in the processing of their instruments of conveyance or in explaining to the landowner what he or she owns. It has to be easier for a landowner to deal with a description of what they own, rather than descriptions of what they don't own.

    An excessive number of exceptions (5 or more) will be grounds for ordering a survey.

13. In order to safeguard the interests of land buyers we believe that land contracts must also be held to the same standards as other forms of conveyance, especially as regards to minor subdivision regulations. We want to avoid someone paying for years on a parcel that they would not be able to get a deed for.

    Land contracts will be held to the same standards as other forms of conveyance, as much as possible. All parcels being bought on land contract will be subject to minor subdivision regulations when they apply (before deed may be acquired).

14. It must be pointed out that the Engineer's Office does not automatically get copies of all surveys performed in the county, as some people seem to think, nor do we have the time or staff to look up surveys of record when they are needed for transferring instruments, although we are glad to help find them if necessary.

    It is the responsibility of the landowner, the surveyor, or (by agreement) the deed preparer to furnish copies of survey plats or subdivision plats (and required sketches) for submission to the Engineer's Office for approval and filing for record. Any copies made at the Engineer's Office will be charged for, and any plats submitted larger than ledger size (11" x 17") must be taken to engineer's Operations to be copied and paid for.

15. In order that vacations of public ways and lots of record conform to Ohio Revised Code 711.39 and to insure accuracy regarding the vacating of the appropriate area that is called for, a survey is indicated.

    O.R.C. 711.39 clearly states that for any municipal corporation to vacate any public way or portion thereof, a plat, prepared and certified by a licensed surveyor or engineer, must be submitted along with the petition and proceedings for recording.

16. There has been much confusion about what has been vacated and what has not over the years. There have even been instruments recorded referring to adjacent streets or alleys that "may have been vacated", adding to the confusion.

    If no record can be found supporting a vacation of a street, or right of way, or inlot(s) formerly of record, we assume that it's not vacated.

17. We don't expect a big increase in the number of metric surveys or descriptions but in order to avoid having to spend a lot of time converting measurements over to English equivalents by our office, the surveyor should provide them.

    Metric descriptions may be used on condition that English equivalents are given priority when appended to each bearing.

18. Given that there have been many different kinds of both temporary and permanent construction and maintenance easements granted to various government agencies and service providers over the years, it would not be practical to require that they all be included on survey plats or descriptions as it would be next to impossible to check thoroughly in a timely manner.

    All easements are not required to be shown on plats and included in descriptions unless they are on the previous instrument or readily available.

19. Since most easements would be perfectly well suited by a centerline description it would make little sense to require anything more complicated.

    Centerline descriptions of easements will be allowed.

20. So that the minor subdivision regulations enacted by the Paulding County Planning Commission may be enforced in the spirit that they were intended we believe that for maintaining the health of the county regarding septic system and drainage conditions that all such splits must be accounted for and properly processed. Prior to enactment of the minor subdivision regulations, some parcels may have been split off by deed but never developed or were otherwise forgotten about. Any such parcel may not have been excepted from the parent parcel description in subsequent transfers. Consolidation of a pre-existing parcel back into its parent parcel will result from such a sequence of events.
    
    
21. Both the County Engineer's and the County Auditor's Offices would like to have the most accurate accounting of acreage for parcels that is possible with current technology. Besides benefitting the county by assuring that all acreage is taxed appropriately it would increase the accuracy of mapping the county for a multitude of purposes. Fairness to individual taxpayers is also a concern of ours. It is not right for some taxpayers to be taxed for every square foot of ground that they own (if they have a survey ) or for more acreage than they own (if they don't have a survey) while some are certainly being taxed for less acreage than they actually own. We also frequently have people in our office who have just bought some property but are unable to do what they want to with it, because there is no monumentation or anything to tell them where the true limits of their property are.

    That a survey be required for all parcel descriptions that cannot be accurately checked for closure and acreage (inlots or platted lots of record being exempt). Standard fractional divisions of sections will be allowed down to 10 acres (more or less).

DEED DESCRIPTION CHECKING REQUIREMENTS

A description can be approved if:

1. It is a survey description that closes to within allowable tolerances: (1/2000 for surveys prior to May 5, 1980)(1/5000 for surveys performed between May 5, 1980 to present or effective date of 1/10,000 standard, if ratified)(1/10,000 after effective date, if said specification is ratified for the minimum standards for surveys promulgated by the board of registration for professional engineers and surveyors.) Dates on surveys or survey descriptions must be legible, or in the absence of these the date of the survey for the instrument description must be given to qualify for the appropriate, less stringent specification. Descriptions without dates of surveys, or reference to recorded surveys, will be held to the standards in place at the time of filing.
   
   
2. It is a non-survey description that closes by definition and the acreage can be accurately determined. Acreage must be stated unless parcel is inlot of record.
   
   
3. It is a non-survey description that closes by definition, but the acreage cannot accurately be determined. This applies only to descriptions derived from standard fractions of sections, without natural boundary involvement, and down to ten acres (more or less) by said fractions. Acreage for record must be stated unless parcel is inlot of record.
   
   

A description cannot be approved and will not be stamped, thereby prohibiting transfer and recording of instrument if: