[REDACTED] TECHLAW INC - DRAFT TITLE SEARCH ADDENDUM - … · 2020. 10. 21. · DRAFT TITLE SEARCH...

1

EPA Region 5 Records Ctr.

DRAFTTITLE SEARCH ADDENDUMSOUTH DAYTON DUMP SITE

Moraine, Montgomery County, Ohio

255879

Prepared forU. S. EPA, Region 5

77 West Jackson BoulevardChicago, Illinois 60604

Contract No. 68-W-00-083Task Order No. 083-010

Prepared byTech Law, Inc.

105 West Madison, Suite 900Chicago, Illinois 60602

May 30, 2003

ENFORCEMENT CONFIDENTIAL

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TECHL.AW. INC.

933503

DRAFT TITLE SEARCH ADDENDUMSOUTH DAYTON DUMP SITE


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I

Prepared forU. S. EPA, Region 5

77 West Jackson BoulevardChicago, Illinois 60604

Contract No. 68-W-00-083Task Order No. 083-010

Prepared byTechLaw, Inc.

105 West Madison, Suite 900Chicago, Illinois 60602

May 30,2003


DRAFT TITLE SEARCH ADDENDUMSOUTH DAYTON DUMP SITE


Contract No.: 68-W-00-083Task Order No.: 083-010Site No.: B52BEPA TOM: Deena Sheppard-JohnsonTelephone No.: 312/866-7048TechLaw TOM: Bill Hopkins

i Telephone No.: 312/345-8967


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THte Search AddendumSoBth Dayton Dump Site

1 TABLE OF CONTENTS

~i Page

1.0 INTRODUCTION 1^ 1.1 Scope of Woik 1J 12 Perfonnance of Work 1

13 Site Location and Description 11.4 Organisation of the Report 2

2.0 RESEARCH RESULTS 52.1 Ownership of Lot 5171 522 Ownership of Lot 5054 52 J Leases 6

3.0 SUMMARY 7

Figures Page

1. Location Map 32. Map with flic Two Lots Shown in Relation to the Original Site 4

ATTACHMENTS

Records Summary TableMapsPerfonnance ChecklistReferenced Documents (not previously submitted)

nJ ENFORCEMENT CONFIDENTIAL

1

1 OOOOO4

Title Search AddendumSouth Dayton Dump Site

~J 1.0 INTRODUCTION

J 1.1 Scope of Work

The U.S. Environmental Protection Agency (EPA) Region 5 Task Order Manager (TOM) for TaskOrder No. 083-010 requested assistance from TechLaw, Inc. (TechLaw), during a February 24,2003meeting, to provide information on Lots 5171 and 5054, which are adjacent to the South Dayton

) Dump site. The intent was to supplement the existing Title Search Report, which had beenI submitted to U.S. EPA on March 27, 2001. The specific objectives of the request were the

following:...,

> to identify current owners for both lots;*• to establish if Valley Asphalt Corporation owned, or had ever owned either of the

! lots;' * to search deed records for leases or references to unrecorded leases, which showed, Valley Asphalt Corporation or other entities as current or former lessees of either ofj the lots; and

> to confirm that members of the family and/or the family were eithercurrent or former owners of both of the lots.

1.2 Performance of Work

In accordance with the update request, TechLaw traveled to Dayton, Ohio, the county seat ofMontgomery County, to obtain and review records and other information from the following sources:

+ Montgomery County Auditor's office, Dayton, Ohio (current tax records)> Montgomery County Recorder's office, Dayton, Ohio (title records and maps)

Some information and support documents were also obtained from the Montgomery County InternetWebsite.

13 Site Location and Description

The South Dayton Dump site is located along the north side of the City of Moraine, a suburb toDayton, in Montgomery County, Ohio (Figure 1). It is bounded on the west by the Great MiamiRiver and on the east by East River Road and Dayton Road. The two lots of interest, 5054 and 5171,bound the South Dayton Dump site on its north side (Figure 2).

] ENFORCEMENT CONFIDENTIAL

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Tide Search AddendumSmrth Dayton Dump Site

J 1.4 Organization of the Addendum

Addendum findings are presented in three sections: (1) Introduction, which provides an outline ofthe work performed and the location of the two lots in relation to the original South Dayton Dumpsite; (2) Research Results for the two lots; and (3) the Summary of the issues encountered duringthe research. The research results are summarized in a table, which incorporates by reference someof the documents included in the previous report Copies of the newly acquired documents areattached to this report Plat maps of the two lots, newly obtained from Montgomery County, are alsoattached, along with an additional copy of the & Plat, which shows the relationshipbetween the original South Dayton Dump site and the two additional lots.

. J


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B.?p01Mcfo*ottlCotp a 2000 NivTtoh

Figure 1. Location Map


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Tide Search AddendumSwrtB Dftytoo Damp Site

1 *

Figure 2. Map with the Two Lots Shown in Relation to the Original Site

EMENT CONFIDENTIAL

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2.0 RESEARCH RESULTS

2.1 Ownership of Lot 5171

City Lot 5171 was formerly platted as Lot 5655. The date of the change in designation is not known,but both the old and the current numbers appear on the Record Plan of the & Platdated May 5,1999 (see attachments). Tax records reviewed at the Montgomery County Auditor'soffice show as the current owner of record. The same document shows Katherine

name and address as the payer of taxes on the property (Ref. A6). Both of these womenwere confirmed as the current owners by deed records which show that inherited herinterest from in 1999, and Ms. acquired her interest through inheritance from

in 1980 and subsequent conveyances to her by co-heirs (Refs. 16,17,19,20,23).

Not all of these instruments specifically list Lot 5171 or its predecessor, Lot 5655, in the descriptionof the real property conveyed. The property, of which this lot is believed to be a portion, is formedby two large tracts. The first, approximately 49 acres in size, was acquired by in1937 (Ref. 5). The second, approximately 30 acres in size, was acquired by in 1945(Ref. 8). and his wife also known as (AKA) conveyedundivided one-half interests in both tracts to in 1947 and 1950, respectively (Refs. 9,10). The disposition of estate in 1980 (a corrected version was re-filed in 1982)and estate in 1998, resulted in the change in ownership of the lot in question to thefamily members who currently hold the property (Refs. 16, 23).

2.2 Ownership of Lot 5054

City Lot 5054 was formerly platted as Lots 3059 and 3060. The date of the change in designationis not known, but both sets of numbers are listed in the legal description in the Warranty Deedexecuted on May 7,1993 (Ref. A3). Tax records reviewed at the Montgomery County Auditor'soffice show Valley Asphalt Corporation as both the current owner and the payer of taxes on theproperty (Ref. A5). The same records show this is the only piece of real estate currently held byValley Asphalt Corporation in Montgomery County.

Deed records show that and conveyed the property to ValleyAsphalt Corporation on May 7,1993 (Ref. A3). On the same date the parties executed a Mortgage,which stated that until the defined statutory conditions were met, and

retained an undivided 9/16 interest in the property, and retained theremaining 7/16 undivided interest (Ref. A4). This set of transactions occurred after the death of

and before the death of For reasons not stated, just prior to the


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] Tide Search AddendumSooth Dayton Dump Site

conveyance and mortgage transactions, and created a trust for thepiopaty and then transferred the real assets out of the trust back to themselves as individuals (Refs.Al, A2). Both deeds were recorded on July 27,1993.

Lot 5054 (previously Lots 3059 and 3060) is also presumed to be a portion of one or both of thelarge tracts originally acquired by in 1937 and 1945, with a one-half undividedinterest subsequently conveyed to in 1947 and 1950.

2J Leases

County lease indices were searched for recorded leases associated with either Lot 5171 or Lot 5054from 1980tothepresent, and no leases were found. There is no requirement that leases be recorded.However, the existence of a lease is sometimes acknowledged in other instruments, such as deeds,mortgages, and financial statements, that might be affected by the presence of an additional partywith rights to the property. All conveyance instruments, including those previously submitted withthe Title Search Report on March 27, 2001, and those attached to this Addendum Report, werereviewed specifically to search for reference to leases of either Lot 5171 or Lot 5054. None wasfound.

.!1 ENFORCEMENT CONFIDENTIAL

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3.0 SUMMARY

Lot 5171 (formerly Lot 5655) and Lot 5054 (formerly Lots 3059 and 3060) were part of two largetracts of land acquired by in 1937 and 1945 and subsequently co-owned with

beginning in 1947 and 1950. Therefore, Lot 5171 has been owned by members of the and/or families since at least 1945. Lot 5054 was also owned by members of the and/or families since at least 1945 until it was acquired by the Valley Asphalt Corporation,the current owner, in 1993.

The legal descriptions supplied for the two large, original tracts, long owned by the and families, date from 1937 and 1945. While outlines of the lots can be plotted from the metes

and bounds descriptions provided in the deeds, neither is tied to a contemporary, recognizablelandmark. Landmarks cited in the descriptions include a rock, the shoreline of the river, propertyonce owned by given individuals, and a road, which either no longer exists, has been relocated, orundergone a name change. However, these early documents are referenced as prior instrumentrecords in later deeds, which contain more reliable descriptions with contemporary landmarks, andclearly describe Lots 5171 and 5054.

Coupled with this difficulty in precisely locating the lots of interest through time, are the multiplephases of sub-dividing which have occurred in the area over the years. Lot numbers in propertydescriptions in older conveyance documents cannot always be relied upon to be either complete oraccurate. However, prior instrument records linked to more recent instruments in the chain of titlewhich clearly and accurately document Lot 5171 and/or Lot 5054 have been relied upon, even whenthe relationship cannot be independently confirmed.


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Records Summary Table

Ref.No.1

5

8

9

10

13

14

InstrumentType

WarrantyDeed

WarrantyDeed

WarrantyDeed

WarrantyDeed

Certificateof Transfer

Deed

Grantor

CrescentProperties, Inc.

Grantee ExecutionDate

12/28/1937

05/05/1945

09/12/1947

01/09/1950

06/23/1980

02/11/1981

Filing Date

12/28/1937

05/12/1945

10/13/1947

01/16/1951

06/23/1980

02/12/1981

RecordingDate

12/28/1937

05/12/1945

10/13/1947

01/16/1951

06/23/1980

02/12/1981

Book/Page orMicrofiche

834/170

1097/103

1249/360

1438/195

80-0057-A01

81-0056-E07

Land Description

49.87-acre tractwith 25. 10 acresreserved

Approximately 30acres in north partof Section 13, Tl,R7

30-acre tract (sameas Ref. 8)

Parcel 1:(0.10acre) and Parcel 2(49.87 acres with25. 10 acresreserved)

Parcel 6: Lots3204, 3205, 3206,3276, 3277, and3499

Lots 3204, 3205,3206, and 3276

Comments

Rose Sindell signedas President andHorace Nehersigned as Secretary.

Conveys anundivided 'Ainterest.

Conveys anundivided 'Ainterest.

Conveys anundivided Viinterest. Certificatealso transferredother parcels.

Conveys anundivided 1/16interest.


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TIU0 Search AddtndumSouth Dayton Pump Site

Record! Summary Table

Ref.No.»

15

16

17

19

20

Al

A2

InstrumentT>pe

GeneralWarrantyDeed

CorrectedCertificateof Transfer

CorrectedWarrantyDeed

GeneralWarrantyDeed

GeneralWarrantyDeed

Deed

Deed

Grantor

K & M TitleAgency, Inc ,Trustee

Grantee

K & M Title Agency,Inc Tnnlcc

ExecutionDate

07/15/1982

08/12/1982

08/20/1982

07/31/1984

06/06/1991

Unknown

Unknown

Filing Date

07/16/1982

08/12/1982

08/20/1982

08/01/1984

06/10/1991

Unknown

Unknown

RecordingDate

07/16/1982

08/12/1982

08/20/1982

08/01/1984

06/10/1991

07/22/1993

07/22/1993


82-0273-A07

82-0322-B03

82-0335-R07

84-0355-COI

91-0303-A1I

93-0452-B06

93-0452-B08

Land Description

Lots 3499, 3206,and 3277

Corrects the

exclude Lots 3204and 3205

Parcel 5 (same asParcel 6 inCertificate ofTransfer)

Parcel III (Lots3499, 3206, and3277)

Parcel III (Lots3499, 3206, and3277)

Part of Lots 3059,3060 and 5044

Part of Lots 3059,3060 and 5054

^yommffnty

—

Conveys anundivided 1/16interest,




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Ref.No.1

A3

A4

21

22

23

Instrument

typeDeed

Mortgage

Quit ClaimDeed

Quit ClaimDeed

Certificateof Transfer

Grantor

Valley Asphalt

Grantee

Valley AsphaltCorporation (Ohio)

ExecutionDate

05/07/1993

05/07/1993

06/23/1998

06/23/1998

05/05/1999

Filing Date;

07/22/1993

07/22/1993

12/17/1998

12/17/1998

05/05/1999

RecordingOate

07/22/1993

07/22/1993

12/17/1998

12/17/1998

05/05/1999


93-0452-B03

95-285 1-E06

98-0849-B12

98-0849-C11

99-0309-D07

Land Description

Part of Lots 3059and 3060, nownumbered 5054

Part of Lots 3059

numbered 5054

Parts of Lots 3204,3276, and 3742

Lot 3742

Parcel IV:comprised of partsof Lots 3 276 and3277; Parcel V:Lots 3742 and3277

Cjoni ntctits

—

Conveys anundivided 7/1 6interest.

Conveys anundivided 7/1 6interest.


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Title Search AddtadumSouth Dayton Dump SiU


Rflf.No.1

A5

A6

utttrumefltTypo

Real EstateRecord!

Real EttateRecords

Onntor

MontgomeryCounty

MontgomeryCounty

Grantee

Valley Asphalt Co.,owner

ExecutionDate

2002

2002

Filing Date

NA

NA

RecordingDate

NA

NA


NA

NA

Land Description

Part of Lots 3059and 3060

Lot 5171 OrillotA Plat

^^onuncntt

Valley AsphaltCorporation's onlycurrent real estateholding inMontgomeryCounty.

Tax payer is listedas (

1 Reference numbers preceded by an "A" were collected for thin Addendum, nnd copies are included in the attachments to this report. The other Reference Numbers originated inthe South Dayton Dump Site Title Search Report submitted on March 27, 2001, and copies may be located in that report.


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Montgomery CountyKarl L. Keith, Auditor

r

Parcel Number J44-041-02-0040Owner Name: ASPHALT VALLEY

Location: 1903 DRYDEN RDImprovement Value: 102190 Land Value: 239980Class: C/99

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IMFPublic

NMMMccourt Number

Montgomery CountyKarl L. Keith, Auditor

Parcel NumberOwner Name:

CM

SEE BK. 41 PC- 2b MORAINE

SEE BK. 264 PQ. 21

Location: Improvem 20 Land Value: 284650Class: C/55 Recorder's Fiche: 99-327-C12

SEE BK. 41PG. 2 1st.MORAINE

MORAINE

I

m

IN

XT*-

V

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»iJ£rsrîSM«W raoonMdoeuninti ferdtMM hg«l MonMttcn.MAPNOTT08CAUE.

Name/Account Number

Public

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LJJ I 1 C — I

NORFUer, BROWN IPCTXEWICZClWt IHOIHIIKS1 lUHVIfOKt

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ENFORCEMENT SUPPORT SERVICESRFO * 083-024 - TITLE SEARCHPERFORMANCE CHECKLIST

SITE NAME Addendum to South Davton Dump

Task

Review relevant title documents for requiredtime period ( to )

Current Tax Record*

Historic Tax Records (years: to )

Deeds, Leases, Easements, Liens, Releases,Foreclosures

Mortgages, Releases

Other (specify)

County Parcel/Plat Map

Identify: Current and Former OwnersCurrent and Former Operators

Provide Copies of documents: uncertifiedcertified

Develop graphic: Title TreeOther (specify)

Reauested

yes

yes

no

yes

yes

no

yes

yesyes

yesno

no

Completed

yes

yes

no

yes

yes

yesyes

yes

Explanation If Not Comoleted

No recorded leases or references to unrecorded leases were located.

No non-owner operators were located.

ENFORCEMENT CONFIDENTIALP.O. 1

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ENFORCEMENT SUPPORT SERVICESRFO # 083-024 - TITLE SEARCHPERFORMANCE CHECKLIST

SITE NAME Addendum to South Daton Dum

Task

Develop Chain of Title

Provide Title Report (specify format)

Obtain Aerial PhotographsYears:

Prepare overlay (specify)

Obtain Sanbom maps

Conduct Lessee/Operator Searches

Historic Directories

Other (Specify)

Plot parcels of interest on plat maps

Plot hazardous waste sites on county maps

Conduct corporate research

Requested

expandfromprevious

yes

no

no

no

no

no

none

no

no

no

Completed

yes

yes

Explanation If Not Completed

—


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ENFORCEMENT SUPPORT SERVICESRFO * 083-024 - TITLE SEARCHPERFORMANCE CHECKLIST

SITE NAME Addendum to South Davton Damn

TukObtain copies of documents: uncertified

certified

Obtain Dun and Brad Street financialevaluations

Search city, county, and township records

Building permits/blueprints

Demolition permits

Reports of inspections

Other (specify)

Conduct land survey

Other tasks (specify)

Requested

yesno

no

no

no

no

no

none

no

none

Completed

yes

Explanation If Not Completed


Pace 3 of3

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11

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11

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Draft Tide Search AddendumSmrth Dayton Dump Site

INDEX TO ATTACHED DOCUMENTS

Ref. DocumentNo. or Source Grantor

Al Deed

A2 Deed K & M Title Agency,Inc., Trustee

A3 Deed

A4 Mortgage Valley AsphaltCorporation

A5 Real Estate Montgomery CountyRecords

A6 Real Estate Montgomery CountyRecords

ExecutionGrantee Date

K & M Title Agency, UnknownInc., Trustee

and Unknown

Valley Asphalt 05/07/1993Corporation (Ohio)

05/07/1993

Valley Asphalt Co., 2002owner

2002owner

Tax Parcelsand/or Lots

Part of Lots3059, 3060, &5055

Part of Lots3059, 3060, &5055

Part of Lots3059 and3060, nownumbered5054

Part of Lots3059 and3060, nownumbered5054

Part of Lots3059 and3060

Lot 5171 & Plat

.f-k^^l . M- ENFORCEMENT CONFIDENTIAL

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000027

IIIIII

•j. jcorckrslnstr . imoiit Master

Name

Document

Mtniapality

Subdivision

MONTGOMERY Section 'Town/RangeInst rument ID

Service Discharge

Microfiche Number

I Index Search

veterans Grave^tes

Books

Montgomery County RecorderName Search

nio 1 aM I U-M Ml IK &. M title agency

\am.- I > PL- All

Dales 101/01/1980 03/2S/2003

\ i Y o i i n l I

Instrument Muster For "nF.kD-93-0152881

Deed T r a n s f e rRecorded Dale

l e g a lascription

Amount

Kiche N u m b e r

D7 .22 / IW3]

PI" l.TS 3()59ct30(>0&5055MORA 1

SO. 00

93-004521HK)

NumLer ol Legals

Fee A m o u n t

(Cross Reference

[Number Pages

|j_

:i ::i "l[_ _JL ._

T

Su.oo:

( i

!\ ames

First Party Second Paris

K ^ M Trn..n AGHNC'V INC TK

II Le«al Descriptions

II

II

II

II

II

f Legal Description

| ' LT3059 PT MCRAINE

'.LT3060 PT MO =LAINE

| L r 5 0 5 5 F - M O = A I N E

onoo^.s

[ Name

Acres [OtherlfCross Reference] Reason |[ Formerly Known as 1L . . . l l . . 1 . . . . _ . " J

O[ ]L"..ZJE"I":"TI" . "1F"L

L ..j[.:"::ur..jr ~ ~ -;: "r: r T ""."; "" "

Notes

jDate|[Operator Notel

Returned to

Address IFCify II State ] Zipcode [ Date 1• --- -.-. -- IL .. lU .. . J: [.... _ . . 1

I tp: , \vu \ , ' . n i c rec ordt.'r org/display_dctai l .cfrn 3/2X/U3

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i i i m t ' n t MasterName

Document

Municipality

Subdivision

IIMQNTGOMlffl

Instrument ID

i l o i n e i l e l p

HM s c l a c i i e i. e a i I M a l e' Service Discharge

Microfiche Number

Index Searcri: v'etcrnns Gravesitcs

Books

Montgomery County RecorderName Search

V i n i c i l a.-.t I i r s t Ml) K & M t i t le agency

Xani; ! \ ;x- All

Date- [01/01/1980 i ' (03/28/2003

I n s t r u m e n t Master For "HKFn-93-0152881

Deed Trans ILT

Recorded I).,ite

l .e»alesci ip l ion

!

Amount

Fiche Numbor

07/22/1903

PI LTS 30^9&30()0clv;50.x^MORA

t SO. 1 1(1

93-00452E}(>(>

' N u r i i h e r of Locals

Fee /unoiint ^ 4.uol

jC' ross Reference

|Numhcr Pa»es

Names

First Party Second I 'arty

K & M I ' lTLF A l i r N C V INC' TR

j

I

I

I

I

I

Le

000030

111111111I•

1pI11!1II1

w ^ fc^ j Name

'/-̂ •̂ •lllV^ i Document

» " '̂""^H ! Municioalitv

^.y^H^S | Subdivision

MONTGOMERY ' *Mi™niRa™r?li'I4*S BS iHTTBrKrBM Instrument ID

Ion ic I Ic Ip i- -• — -. i Service Discharge

)isc larncr, . . , ] | ,,,, , ' Microfiche Number

| Index Search

j Veterans Gravesitos

i Books

Me

Natri.1 1 a:-i

Name I v >c

Dates 01/01

ll̂ |

Instrument Master I

Deed

Recorded Date 07/22 19^3

Legal PT LTS 3059&30oO&5055Description MORA

Amount SO. 00

Fiche Number 93-004.i2BOS

intgomery County RecorderName Search

i rst M )[grllot cynl J

[Al l _^j S.H-I [ A S C C H C i u ^|

/1980 i'1 02,'24/,>003

or "011^0-93-01528^"Transfer

Number of I.egals j

Fee Amount ][ S 14.' •

Cross Reference

[.Number Pages IF i

Names

First Party ~~|

K c'c M TI I'LE AGhNCY INC TR

Legal Descriptions

Legal Description

JLT 3059 FT MOFIAINE

[LI 3060 F:T MOFIAINE

|LT 5055 FT MOFIAINE

Acres Othe

0

0

0

Cross L, Former y Knownr _, , Reason *Reference as

J .. __ . I

Notes

OOO031

Diate Operator No:e

Returned to

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hup:•' ' ' \ \A\AV tncrecorder.org/display detai l .cfm

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0015287 41-*

VUUUURT OBBD

. ofMontgomery County, Ohio, for valuable consideration paid, grants,vita general warranty covenants, to

VBLUT asrntur amtaemai. A» ono co*rauaixm

whoee tax-wailing address is 1901 Dryden Road, Dayton. Ohio 45439.

the following UAL nonrnr: HZ

•object to all cfnrenants. conditions, restrictions and easeawnts ofrecord affecting scid presdses. vnich are presently in force.

the Par entisr. 1993 installment of taxes and ansessawnts,all tans and assessments thereafter, which the grantee herein

and agrees to pay as part of the consideration hereof.

Prior matronant Reference: Microfiche Bos. M-372-1O3. §2-335-•07. O-273-A09. MOŜ COl and 91-30̂ -All, all of the Deed Recordsof Mmitgoaeij Cownty. Ohio.

one of the grantorsin the foregoing deed, releases all rights of dower therein.

*i their thisV4- day of May, 1993.

in the prAcknowledgedlence of:

Witness

That on this day of May, 1993.before ne. the subscriber, a Votary Public in and for said state,personally cane . BDSBABDAMD WTTB. ani acknowledged the signing thereof to be theirvoluntary act end deed.

n TBvYmr IMUnV. X hava hereunto subscribed wy naiaffixed ny seal on the day and year aforesaid.

f̂̂ ULML•otgpr Public

OOOO33 93-0452 B03

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Witness her hand this

Signed and Acknowledgedin the presence of:

d*y of May, 1993.

•garet D. Kline

STATE OF OHIO COUNTY OF MOMTGOMBM SS:

BE IT MQOtKBBRKO, That on this day of May, 1993,before me, the subscriber, a Notary Public in and for said state,personally cane UNMARRIBD, and acknowledged thesigning thereof to be her voluntary act and deed.

IN TESTIMONY THBRBOF, I have hereunto subscribed »y nane andaffixed my seal on the day and year n£oresaid.

VICKI 0. PEG6RECORDER

93JUL22PMI ««»«*«*.«.in «M forth* tat* ofOhtoMy CvcwnhMM Expire Ajrt 33,1935

This Instrunent prepared by:JAMBS C. KIBFBRKIBFBR ft MITCRBLIi"ATPORHBYS AT LAW3 Riverplace, Suite 310Dayton, Ohio 45405

DEED 93-0452B04

L000034

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]Situated ia Sections 8 and 14, Town 1. Bange 7 Mfts.. City ofMoniae. Van Burea Township, Montgomery County, State of Ohio, andbe'.ng Fart of Lots Bumbered Three Thousand Fifty Bine (3059) andTUree Thousand Sixty (3060), now Lot Bombered Five Thousand FiftyFour (5054). and being more particularly described as follows:

Begiaaiag at aa existing iron pin ia the south line of the MiamiCoaservaacy District Land on the south side of the Great Miamiîver, said pin being in the west right-of-way line of Dryden Boad(Broadway Street), 65.69 feet left of center11a* station 88*13.56as constructed from the Ohio Department of Transportation plansdated February 1, 1979. said pin also being the northeast corner offormer Lot Bumbered Three Thousand Sixty (3060); theaee with saidwest right-of-way line South 4 degrees 00 miautes 43 seconds Vest6O.28 feet to aa existing iroa pin; theaee leaving said right-of-way line with a curve to the left having a radius of 1141.85 feet,1SS.01 feet to aa iron pin. bearing and chord being South 84degrees 13 minutes 51.3 seconds Nest 154.89 feet; thence with anexisting fence lia* South 1 degree 50 miautes 39.8 seconds Nest320.24 feet to aa iroa pia; theaee continuing with an existingfence South 84 degrees 27 minutes 09.3 seeoads Best 111.78 feet toan iroa pia: thence South 86 degrees 23 miautes 18.3 seconds Nest66.62 feet to aa iron pia; thence South 85 degrees 00 miautes 22.8seeoads Nest 133.23 feet to aa existing fence post; theaee South 1degree 47 minutes 04 seconds Best 426.04 feet to aa iroa pin;thence Borth 88 degrees 35 minutes 07 seconds Best 699.SO feet toaa iroa pin ia the south line of the Miami Conservancy DistrictLand oa the south side of the Great Miami Biver; theaee with smidsouth line Borth 36 degrees 21 miautes 17 seconds Bast 113.63 feetto an iron pin: thence Borth 36 degrees 21 minutes 19 seconds Bast259.86 feet to an iron pin: thence Borth 39 degrees 19 miautes 18seeoads Bast ISO.00 feet to aa i-on pia; thence with a curve to theright, having a radius of 1201.E. feet. 511.63 feet to aa iroa pia.bearing and chord being Borth 53 degrees 07 minutes 00 seeoads Bast507.78 feet; thence continuing with a curve to the right, having aradius of 1201.85 feet. 485.20 feet to the plaee of beginning,bearing and chord being Borth 76 degrees 53 minutes 12.9 seeoadsBast 481.91 feet: containing 9.761 acres of land, of which 6.312acres are ia Lot Bo. 3060 and 3.299 acres are in Lot Bo. 3059.

Beiag the results of a survey bySurveyor Bo. 6162.

r. Begistered

EXBIBIT "a"

OOO035 93-0452 805

Ifc

000036

JOUtTUBJ. M ono CORNUTIOI, for TBO mufOfxo TBBWTT-

nm-IICW MO SO/100 OOUaiS (S221.CM.SO) paid greatsBts, to

> jam in-a. MUUBB TO TB SBTT*OB or TBI, m aadieidHt. I. M aativiaed 7/1C iaterest. of

the folloeieg

SB BBTBIT •»• macro mm an Ham a pair BBOT

___. elsiM tiCLs—-to tke »bo»e des£r}bs4 property by vlrtee of DeedMicrofiche toe. IS-372-M3. I2-33S-C07. t3-273-aO>. M-3S5-C01 aad 91-303-Ux,all of the leeor4ŝ Bf BaJstgostry Coaaty.̂ Ofcjo.

This mortgage is girem. epoa the statatory coa4itioa. to seewe payâ et ofTIBTT-OB TlTJQUn SIX SWDMB PTPTT-nOTT An 50/100 OOLLAIS

(S2M.CSS.50) with uterest •• provided in a tote of evesi date.

-Statutory eosditios* is defiaed is Seetios 5302.14 of tketerised Code asdpro*ides generally that if the aertgagor pays the priacipal aad iaterest secarrHby this Mortgage, perfors* the other obligatioas secered hereby aad thecoedltinea of eey prior aertgec*. pays all taxes aad assassveets. aaiataiesiesvaaee agaiest fire aad other bacards, aad does sot coaait cr safferthem this aortgage shall he raid.

•iteems its aed kis this day of ^rtALA 1993.

Sigaedia the

ackaoeledged nutr aspULT COBPOUTIOB.*• ono ommuovm

Mtaess

mn or ono co«m or HOPTCOHMT ss:

W IT HBBBB0. That os this / day of vnfff^lr . 1993, before Mthe subscriber, a Botary Public is an for said state. psfioBally caate fUUTUPniT OKPOUnOV, U Ono CDIPOIITTOR, by Ja»es P. JergesMa. Presidemt, tkeBortgaoor is the forsgoiav Itertgage aad tclmoeledged the sigaisg thereof to beits aad kis voleetsrr set asd deed.

F. 1 have herevnto sebecrihed ay a;this day aad year aforesaid.

aa* aaC affixed «y seal

This iactraaeat was prepared by:C.t

aTTorars AT ui2 tiverplaee. leite 310fteytoa. Ohio 4M05

•otary Peblie

RECORDER

93JU.22

RECORDED

DESCRIPTIOII;

Situated in Sections 8 and 14, Town 1, Range 7 MRs., City ofMoraine, Van Buren Township, Montgomery County, State of Ohio, andbeing Part of Lots Numbered Three Thousand Fifty Nine (3059) andThree Thousand Sixty (3060), now Lot Numbered Five Thousand FiftyFour (5054), and being more particularly described as follows:

Beginning at an existing iron pin in the south line of the MiacviConservancy District Land on the south side of the Great MiamiRiver, said pin being in the west right-of-way line of Dryden Road(Broadway Street), 65.69 feet left of centerline station 88+13.56as constructed from the Ohio Department of Transportation plansdated February 1, 1972, aaid pin also being the northeast corner offormer Lot Numbered Three Thousand Sixty (3060); thence with saidwest right-of-way line South 4 degrees 00 minutes 43 second; West60.28 feet to an existing iron pin; thence leaving said right-of-way line with a curve to the left having a radius of 1141.85 feet,155.01 feet to an iron pin, bearing and chord being South 84degrees 13 minutes 51.3 seconds West 154.89 feet; thence with aitexisting fence line South 1 degree 50 minutes 39.8 seconds West320.24 feet to an iron pin; thence continuing with an existingfence South 84 degrees 27 minutes 09.3 seconds West 111.78 feet toan iron pin; thence South 86 degrees 23 minutes 18.3 seconds Hest66.62 feet to an iron pin; thence South 85 degrees 00 minutes 22.3seconds West 133.23 feet to an existing fence post; thence South 1degree 47 minutes 04 seconds West 426.04 feet to an iron pin;thence North 88 degrees 35 minutes 07 seconds West 699.80 feet tcan iron pin in the south line of the Miami Conservancy DistrictLand on the south side of the Great Miami River; thence with saidsouth line North 36 degrees 21 minutes 17 seconds* East 113.63 feetto an iron pin; thence North 36 degrees 21 minutes 19 seconds Bast259.86 feet to an iron pin; thence North 39 degrees 19 minutes 18seconds Efcst 150.00 feet to an iron pin; thence with a curve to theright, having a radius of 1201.35 feec, 511.6: feet to an iron pin,bearing and chord being North 53 degrees 07 mJ.nutes 00 seconds East507.78 feet; thence continuing with a curve to the right, having aradius of 1201.85 feet, 485.20 feet to the place of beginning,bearing and chord being North 76 degrees 53 minutes 12.9 secondsEast 481.91 teet; containing 9.761 acres of land, of whicn 6.312acres are in Lot No. 3060 and .V299 acres are in Lot No. 3059.

Being the results of a survey by James A. Bonr.or. RegisteredSurveyor No. 6162.

EXHIBIT "A"

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44041020040 Page 1 of

1

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Montgomery County

Tax Rates

Disclaimer

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Real EstateRecorder

Master I

lick to paytaxes ETwrtPara020040

System

*»•* * ] A»«P™.nt| T~« | >»*

riD: J44 IIProfMfty OwfMfi[(CORPORATION

VALLEY ASPHALT HTaxYMr: ll ^"WA IU fJU

IF02 II taxes/

Master Information

000040

ParcelAddressClass

Land UseCodeNeighborhood

Total Acres

1903 DRYDEN ROAD

C

499

Cl 1030009.761

Tax Mailing Name and AddressMailingNamelMailingName 2Address 1Address 2

Address 3

MortgageCompany

VALLEY ASPHALTCORPORATION

11641 MOSTELLER RD

CINCINNATI OH 45241 1520

LegalLegal DesclLegal Desc2Legal Desc3

FT 3059-60

Beginning ValuesLandmprovements

CAUV

35%83,990

35,770

0

100%239,980

102,190

0

Current OwnerP. . VALLEY ASPHALT

CT CORPORATIONOwner2

DistrictName- [MORADMt Oil Y-School JKETTERING CSDTotal Rate J80.9

HomesteadHomestead NoDeduction

SalesDatePrice $0.00

Current Values 35% 100%Land 83,990 239,980

Improvements 35,770 102,190CAUV 0 0

http'7/wwwjiiciieas.org/master.cfin?parid=J44%2004102%200040&taxyr=2002&ownl=V ALLEY... 2/24/0

000041

, J44J264200001

Montgomery CountyReal Estate

Tax Rates

Disclaimer

Help

Master I Appraisal I SpecialAssessment \ TaxesClick to pay

faxes MARGARETC

\

Page 1 of

RecorderSystem

Search

Click to paytaxes

Master Information

ParcelAddressClassLand UseCodeNeighborhoodTotal Acres

C

455

Cl 1030005.693

Fax Mailing Name and Address

MortgageXMnpany

Legal

Legal Descl

[Legal Desc2[Legal Desc3

5171 AND PLAT

Beginning Values 35Land 99,|

% 100%630 284,650

Current OwnerOwner 1Owner 2

DistrictMame-School

IORAINE CITY-CSD

otal Rate 180.9

Homestead•lomesteadDeduction

No

SalesDatePrice $0.00

Current ValuesLand

35%99,630

100%284,650

hltp^/wwwjnclieas.oig/master.cmi?parid=J44%20264200/o200001 &taxyr=2002&ownl= 2/24/Oi

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J4426420 0001

ImprovementsCAUVTotal

96,9600

196,590

277,0200

561,670

ImprovementsCAUVTotal

96,9600

196,590

Page

277,0200

561,670

2 of 2

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000043

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