PROFESSIONAL LAND SURVEYORS OF OHIO

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1 PROFESSIONAL LAND SURVEYORS OF OHIO 2019 CONFERENCE Columbus, OH DESCRIPTION WRITING by Carl E. Turner Jr., P.S February 20, 2019 INTRODUCTION A good legal description clearly states the exact intent of the parties involved and accurately describes a unique piece of land which can be fixed in only one place on the earths surface. It must satisfy the needs of several professions with different interests: the lawyer with legal requirements, the title insurer with adjoiners, the land surveyor with location, the government official with title and tax records, and the owner with all aspects. A thorough understanding of the principles for conveyances, especially informative and controlling terms, is essential to writing and interpreting legal descriptions. These principles are explained in several well written books, a few of which are listed in Appendix A on page 24 of this paper. (Pages 22 & 23 are ruled for note taking). The Minimum Standards for Boundary Surveys in the State of Ohio contain a good outline for writing legal descriptions. The format and language necessary to follow this outline will be emphasized in this session. The correct interpretation of existing legal descriptions will also be addressed. (NOTE: This document is formatted for double sided printing) 1

2 EIGHT (8) TYPES OF DESCRIPTIONS 1. *By Reference Land described wholly by reference to a previously recorded deed, map, or plat on file with the county recorder. e.g. All of Lot 51 of A.J. Hughes Addition, of record in Plat Book 16, Page 91, Recorder s Office, Franklin County, Ohio. 2. Bounds (Adjoiners) Land described by calls for previously created adjoining boundaries. e.g. bounded on the north by James Pike; bounded on the east by the Scioto River; bounded on the south by Rand s Subdivision ; and bounded west by the lands of L. Jones 3. Metes (Measurements) Description created and controlled by stating bearing and distance along the perimeter in consecutive order. e.g. Commencing at... thence North 1 00'30" East, feet; thence South 89 30'00" East, feet; *Metes and Bounds Description combining metes (measurements) and bounds (adjoiners). e.g. Commencing at... thence along the westerly line of that 3.01 acre tract described in Deed Book 3605, Page 675 to J. Doe, North 01 00'30" East, feet to the southwest corner of that acre tract described Specific Width Describes land based upon a specific width, measured at right angles to the stated boundary of the parent parcel, unless stated otherwise. e.g. the westerly 200 feet of Lot 5, as measured perpendicular to and parallel with, the westerly line of said Lot. 6. Fractional Part Description referring to a fractional part of the parent tract, usually based on area, except in Public Land Surveys (PLS). e.g. the westerly one-half of Lot 5, the dividing line being based upon the mean bearing of the easterly and westerly lines of the Lot. 7. Strip Describes a strip of land of fixed or variable width. e.g. Being a twenty (20) foot strip of land... which lies ten (10) feet each side of the following described centerline: 2

3 8. Public Lands Description by reference to Section, Township, and Range, or fractional part thereof. e.g. Being all of the Northeast Quarter of Section 18, Township 11 North, Range 15 East. * Only types of descriptions acceptable for fee transfer of property today (By Reference or Metes & Bounds). PARTS OF LEGAL DESCRIPTION (3) Caption, Body & Clauses 1. Caption States the general locality and title identity of the land: state, county, municipality or township, lot, section, township, range, subdivision, source deed, etc. e.g. *Situated (or Situate) in the State of Ohio, County of Licking, City of Newark, located in part of Lot 15 of Section 3, Township 6 North, Range 16 West, United States Military District, being part of that 30.0 acre tract of land described in the deed to James Jackson, recorded in Deed Volume 312, Page 455 (record references to those of the Recorder's Office, Licking County, Ohio), and being more particularly bounded and described as follows: *Except for in Montgomery County it s a matter of personal preference. 2. Body Contains the specific and particular identification of the property. Such as: a) Point of commencement compatible with other deeds b) True point of beginning, with correct measurements from point of commencement. c) Courses and direction of travel d) Basis of bearings (grid, true, assumed, etc.) e) Calls for adjoiners and monuments found or set f) Return to true point of beginning g) Area, except when controlling, should be stated as more or less h) Author and date of the survey upon which the description is based. 3. Clauses Inserted at the end of the description, add to, encumber, take away, or restrict the use of the property. a. Qualifying Clauses: Take back or restrict the use of the property. e.g. excepting therefrom the westerly feet or reserving an easement for ingress and egress along the southerly feet... b. Augmenting Clauses: Add something to the property being conveyed. e.g. together with an easement for ingress, egress and/or utilities along the westerly feet... 3

4 CLARIFYING A DESCRIPTION Many surveyors, to their discredit have learned to write descriptions by copying the form and style of descriptions written by attorneys. Unfortunately, there are no formal classes for attorneys in law school, or after graduation, on how to write descriptions. Many attorneys are unaware of how to interpret a description and are content to simply copy the previous description into a subsequent deed. As a consequence, there is widespread proliferation of descriptions that are difficult to follow, wordy where they shouldn't be, and sparse where more information is needed. There is no mandated requirement that descriptions appear in a particular form or style. An adequate or ample description is that which would enable a competent surveyor to find the land in question from the document or from the references made therein. The law is satisfied where a description is sufficient so that one may determine the exact limits of the property included by reference to a plan, deed or other similar record. The surveyor should strive to prepare a description that is clear, complete, concise, and understandable. There is no reason to follow antiquated forms of descriptions. Surveyors should not only take a lead role in preparing descriptions, they should prepare descriptions in such a manner that they are distinctive and sought by their clients. The surveyor should strive to use new software and technology to aid in writing quality and understandable descriptions. They should challenge the existing manner and format for describing property, and consider changes in form and style that improve the value and ease of understanding. Suggestions for Clarity - Revising the Format Changes : 1. Caption includes additional information that allows the property to be located with certainty. 2. Numbering boundary lines helps the reader keep their place when reading and comparing the description with a map. 3. Numbering corners allow the reader to match the numbers to consistent numbers on the plan or on the monument cap in the field. 4. Boldfacing and introductory words are used to help identify relevant parts of the description, to check for completeness, and skip to different parts easily. 5. The former monument is noted when not found or only parts found so there is privity with the original description. 6. Redundancy in written and numeric numbers is eliminated because such practice adds nothing to the description other than its length. 7. An effort is made to identify all outstanding or conflicting rights burdening or benefitting the property - including common law rights. 8. Additional information is added within and after the description that would be beneficial to the future surveyor attempting to retrace the surveyor's work. Used with permission of Knud E. Hermansen, University of Maine 4

5 REQUIREMENTS FOR LEGAL DESCRIPTIONS Legal, Technical, Style & Grammar A. Legal The description must identify the parcel or provide the means of identification. Title identity is the relationship between a particular description and its adjoiners. To identify a parcel is to make it exclusive to any other parcel. There is a difference between identification and certainty of location. Certainty of location is a function of the technical requirements. B. Technical 1. Sufficient data to explicitly define geometric relationships between lines. Possible geometric transitions are: a. Line to line. b. Line to curve requirements are: 1) All curved lines shall indicate the radius, central angle, curve length, chord bearing, chord length and direction of the curve. 2) Direction of curvature: Stated as the direction of concavity, i.e. a radial line from mid point of the arc to the center (or radius point) of the curve, or as a curve to the right or left. 3) Direction of travel in general terms along the curve. 4) Relationship of the curve to the preceding course element of tangency or non-tangency. c. Curve to curve requirements as stated above. d. Curve to line requirements as stated above. 2. Data should meet geometric requirements of the figure being described, or meet other geometric relationships as specified. 3. Determine area of the enclosed figure. 4. Provide basis of bearings. 5. Description must be susceptible to one interpretation at present and in the future. 6. Satisfy all additional requirements of the locus county conveyance standards. It is imperative to read the county survey & description requirements before you write the description C. Style and Grammar There are several methods of presenting the legal and technical requirements in a written description. However, to present them so that the location of the described boundary is susceptible to one correct interpretation, now and in the future, requires good usage of terminology, phraseology, punctuation, arrangement and paragraphing. The following forms of style and composition fulfill these requirements. 5

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7 APPLICATION 1. Caption should include the general locality and title identity of the property in question (P.I.Q.). e.g. Situated in the State of Ohio, County of Delaware, City of Delaware, located in Farm Lot 14 of Section 23, Township 4 North, Range 19 West, United States Military District, being part of that acre tract of land described in the deed to Robert Smith, recorded in Deed Volume 344, Page 19 (record references to those of the Recorder s Office, Delaware County, Ohio), and being more particularly bounded and described as follows: Situated in the State of Ohio, County of Clark, City of Springfield, located in Section 17, Township 5 North, Range 7 West, being all of Lot 22 of T.K. Springfield s First Addition, of record in Plat Book 55, Page 19, Recorder s Office, Clark County, Ohio. 2. Point of Beginning and/or Point of Commencement is the most important factor in locating the property in question. It should be a permanent, visible monument, with definite location independent of measurement. If it is not the actual point of beginning, it should be labeled Commencing at a Point... followed by course and distance to the True Point of Beginning. e.g. Beginning at a 1" O.D. steel pin found in a monument box at the intersection of the centerlines of Hamilton and Johnstown Roads; Commencing at a stone found at the southwest corner of said Section 8; thence easterly along the southerly line of said Section, North 89 10'15" East, feet; thence northerly along a line perpendicular to said Section Line, North 0 49'45" West, feet to a 1"O.D. steel pin set at the True Point of Beginning: 3. Monuments should be specifically described as to type of material (iron vs. steel non issue), size (I.D. pipe/o.d. pin), location, depth, and whether found or set. Example: See above. 4. Each course should include the following (when practical): A. A general direction (northerly, easterly, etc.), and a specific direction (bearing, azimuth, etc.). All directions throughout the description must be based upon the same meridian, and proceed clockwise around the property. 7

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9 B. The length of the line, or curve (specifically stating arc and/or chord), and feet or meters spelled out. C. The adjoiner (lot, parcel, ownership, etc.), object (wall, fence, curb, etc.), feature (creek, ridge, etc.), that the course is coincident with and/or terminates at. Restraint should be exercised when calling for semi-permanent improvements. D. Monumentation at the terminus of the course. Phrases modifying the monument or its location. Ties to reference monuments and/or adjoiners. e.g. thence northerly along a wire field fence on the westerly line of that 50.0 acre tract of land described in the deed to Mike Jones, recorded in Official Record 338, Page 451, North 1 30'15" West, feet to a railroad spike found (6" deep) in the centerline of Jackson Street, said spike being located North 89E50'40" East, feet from a monument box found at the intersection of said line, with the centerline of Paint Road; 5. Curve format. Must include line to curve requirements as previously stated. e.g. thence westerly along the northerly line of that 3.00 acre tract of land described in the deed to Mike J. Smith, recorded in Deed Book 434, Page 545, North 88E36'50" West, feet to a 1" steel pin found in the arc of a curve of the easterly right-of-way line of Hudson Road; thence northerly along said easterly line of Hudson Road, * feet along the arc of a nontangent curve to the right (Radius= feet & bears North 78E40'55" East, Delta= 65E30'50"), a chord bearing and distance of North 01 50'15" East, feet to a concrete monument found... * use both arc & chord distances, and radial bearing to radius 6. Passing calls Calls to monuments, or other object(s) found along the course. e.g. thence northerly along the westerly line of said Section 7, North 0 40'55" West, (passing a 1" steel pin found at feet) a distance of feet to a ½" rebar found; 7. Area, date of survey, name and registration number of the surveyor/author should be inserted after the closing course. e.g. thence easterly with the centerline of Academy Street, North 88 30'30" East, feet returning to the True Point of Beginning, containing acres of land, more or less, as surveyed and described in June of 2018, by Some Surveyor, Professional Surveyor No

10 8. Basis of bearings used in the description must be stated. All bearings must be referenced to the same meridian. This could be based upon an astronomic, geodetic, grid, magnetic, record, or an assumed meridian. This statement may proceed the first course, or follow the paragraph containing the closing course (preferred method). e.g. thence northerly on a Grid Bearing of North 1 20'15" East,... The reference meridian for the foregoing description is Grid North, as reduced from solar observation (or GPS observation, etc.). 9. Clauses should generally stand alone, with all qualifying clauses grouped together and all augmenting clauses grouped together. A. Qualifying Clauses: Take back or restrict the use of the property and begin with Subject to or Reserving. B. Augmenting Clauses: Add something to the property being conveyed and begin with the words Together with. Examples were previously given on page 3. D. Composition Standards, Words and Phrases 1. Commas are used within paragraphs to separate units of subdivisions (i.e.... Lot 8, Block... or Section 10, Township 12 North, Range 11 West). 2. A colon is used to end the caption (i.e.... more particularly described as follows: ). 3. Use as described in Deed Book... instead of conveyed in Deed Book A semicolon is used at the end of each course (i.e.... to a 1" steel pin found; ). 5. Use a period to end a complete description. May want to write End of Description. 6. Distances given numerically in feet or meters and decimal parts thereof, followed by the word feet or meters. Don't spell out numbers. 7. Bearings are capitalized and spelled out (i.e. North 89 10'10" East). 8. General directional calls and adjectives describing a line should not be capitalized (i.e. northerly, easterly, south line, etc.). 9. Bearings for cardinal directions are capitalized single words (i.e. NORTH, SOUTH, EAST, WEST) or written out as North 0 00'00" East, North 90 00'00" East, etc. 10. Begin each course with a new line for ease of reading (consider numbering each). 11. The phrase a distance of is only necessary when used to separate numbers of different meaning (i.e. along the west line of said Lot 1,*a distance of feet). 12. *The phrase to a point should rarely be used (clue that you failed to monument your work). That said, there are times when the phase is appropriate or necessary. 13. Straight lines are prolonged or extended. Curved lines are continued. 14. A line is perpendicular to or parallel with. 15. In strip descriptions lines are each side of the described center line. 16. Said is used to avoid repeating previously stated information. 17. When referring to streets or easements, the intended width should be given. * Exceptions may apply (Logan County). 10

11 MINIMUM STANDARDS FOR BOUNDARY SURVEYS IN THE STATE OF OHIO DESCRIPTIONS (OAC Ohio Administrative Code) (A) When a surveyor is called upon to prepare a new description, either to replace an existing description which is inadequate or to create a new piece of property, said description shall include the following items: 1. Sufficient caption so that the property can be adequately identified. 2. A relationship between the property in question and clearly defined control station(s). 3. The basis of bearings. 4. A citation to the public record of the appropriate prior deed(s). 5. The surveyor s name, Ohio registration number and date of writing and/or survey. (B) A metes and bounds description shall include, in addition to Paragraph (A) of this Rule: 1. A description of the boundary monument used as the initial point of the description. 2. A series of calls for successive lines bounding the parcel, each of which specifies: a) The intent in regards to adjoiners or other existing features. b) The direction of the line relative to the direction of the basis of bearing. c) The length of the line. d) A description of the boundary monument (or reference monument) and whether found or set to identify the end of the particular line. e) All curved lines shall indicate the radius, central angle, curve length, chord bearing, chord length and direction of the curve. f) The reported boundary data shall meet the closure requirements of paragraph (C) of Rule the Administrative Code (which states... mathematical error in closure of the property boundary does not exceed 0.02 feet in latitude and 0.02 feet in departure). 3. The area of the parcel. (C) (D) (E) Descriptions other than metes and bounds descriptions may be a reference to a recorded survey plat or a parcel on a recorded survey plat and shall include sufficient and adequate legal and technical wording so that the property can be definitely located and defined. A statement shall appear indicating that either: the description was made in accordance with a recent survey and the date thereof, or the description was made based on a previous survey, of a certain date, and date of description, or the description was not based on a survey. When the surveyor knows a new description is to be used for a fee transfer, the surveyor shall base the description on a current or updated survey of the property. Prior Effective Dates: 5/1/1980; 11/1/

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13 EXAMPLE ACRE LOT SPLIT Situated in the State of Ohio, County of Some, Township of Some, located in part of Farm Lots 21 & 22 of Quarter Township 2, Township 1, Range 13, United States Military District, being parts of the acre (Parcel 1) & acre (Exhibit E) tracts of land described in the deed to Todd Jones, recorded in Instrument No (record references recited herein are to those of the Recorder s Office, Some County, Ohio), and being more particularly described as follows: Beginning at a stone found at the southwesterly corner of said acre tract, being at the southwesterly corner of that original acre tract of land described in the deed to George W. & Gene V. Todd, recorded in Instrument No , and being in the easterly line of that acre tract of land described in the deed to Neil B. & Jayne E. Gottfried, recorded in Official Record 109, Page 675, said stone being located South 86 17'49" East, feet from the westerly corner common to said Farm Lots 21 & 22; thence northerly along the westerly line of said acre tract, being the original westerly line of said acre tract, and being the easterly line of said acre tract, North 3 21'08" East, feet to a mag nail set in the centerline of Home Road (County Road 99) at the northwesterly corner of said acre tract, being at the northeasterly corner of said acre tract; thence easterly with said centerline of Home Road, being the northerly line of said acre tract, South 89 00'14" East, feet to a mag nail set; thence southerly and westerly through said and acre tracts, the following five (5) courses and distances: 1. South 0 59'46" West, (passing the line common to said Farm Lots 21 & 22 at feet) a distance of feet to a rebar set; 2. North 89 00'14" West, feet to a rebar set; 3. South 9 51'00" West, feet to a rebar set; 4. South 2 18'15" West, feet to a rebar set; And, 5. North 89 00'14" West, feet to a rebar set in the westerly line of said acre tract, being in the easterly line of that acre tract of land described in the deed to Leonard Wogan Jr., Trs., recorded in Instrument No ; thence northerly along said westerly line of said acre tract, being the easterly line of said acre tract, North 4 11'24" East, feet to a e" rebar found at the southwesterly corner of aforesaid acre tract; thence easterly along the southerly line of said acre tract, North 87 31'53" East, feet to a e" rebar found at the southeasterly corner of aforesaid acre tract; thence northerly along aforesaid easterly line of the acre tract, North 3 21'08 East, feet, returning to the Point of Beginning, containing acres of land (of which acre is out of aforesaid acre & acre is out of the acre tract), more or less, as surveyed and described in March of 2018, by Some Surveyor, Registered Professional Surveyor No Subject, however, to all rights-of-way of previous record. Bearings in the foregoing description are referenced to Grid North of the Ohio State Plane Coordinate System (South Zone/NAD Adj.), as determined by GNSS observations. Rebar called for as set are e" O.D., 30 inches in length, driven flush with the ground, and capped with a yellow plastic plug inscribed SOME SURVEYOR/ PS Some Surveying Services, LLC Some Surveyor Some Surveyor Professional Surveyor No March 2018 *End of Description* 13

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15 EXAMPLE ACRES Situated in the State of Ohio, County of Some, City of Somewhere, located in part of Farm Lots 12 & 13 of Quarter Township 3, Township 1, Range 15, United States Military District, being all of that tract of land described in the survivor deed to Andrew Smith, recorded in Instrument No (record references recited herein are to those of the Recorder s Office, Some County, Ohio), and being more particularly described as follows: Beginning at a point in the centerline of E. Broad Street (State Route 16-Variable R/W), at the southeasterly corner of said Smith tract, being the southwesterly corner of that acre tract of land described in the deed to Starr Enterprises, LLC, recorded in Instrument No , said point being located South 78 23'12" West, feet & North 11 36'48" West, feet from a 1" solid pin found referencing centerline P.C. Station (easterly reference monument), as shown on the LIC.16~0.00~3.60 Location Plan recorded in Plat Book 5, Page 145; thence westerly with said centerline, South 78 23'12" West, feet to the southwesterly corner of said Smith tract, being the southeasterly corner of that acre tract of land described in the deed to James McCoy, recorded in Deed Book 804, Page 39; thence northerly along the westerly line of said Smith tract, being the easterly line of said acre tract, North 3 14'18" East, (passing a rebar set in the northerly right-of-way line of said Street at feet) a distance of feet to a cut-cross in a stone found at the northwesterly corner of said Smith tract, being a southwesterly corner of that acre tract of land described in the deed to Woodruff Family Partnership, recorded in Instrument No ; thence easterly along the northerly line of said Smith tract, being a southerly line of said acres, South 86 10'38" East, (passing a ½" rod found at feet) a distance of feet to a ½" rod found at the northeasterly corner of said Smith tract, being at the northwesterly corner of said acre tract; thence southerly along the easterly line of said Smith tract, being the westerly line of said acre tract, South 3 00'45" West, (passing a e" rod at feet & passing said northerly right-of-way line of said Street at feet) a distance of feet, returning to the point of beginning, containing acres of land (of which of an acre lies within the right-of-way of aforesaid Street), more or less, as surveyed and described in October of 2018, by Some Surveyor, Registered Professional Surveyor No Subject, however, to all legal rights-of-way, if any, of previous record. Bearings in the foregoing description are referenced to Grid North of the Ohio State Plane Coordinate System (South Zone/NAD Adj.), as determined by GNSS observations. Some Surveying Services Some Surveyor Some Surveyor Professional Surveyor No October 2018 *End of Description* 15

16 Writing Descriptions - General Rules & Pointers Dr. Knud Hermansen Mirror: The description should mirror the plan and the plan should mirror the field work and the field work should mirror the intention of the parties to the original operative conveyance (taking into consideration subsequent problems or ambiguities). a. The measurements should reflect the precision of the field measurements. e.g. North 10 00' 00" East a distance of feet... rather than N 10 E 100 feet b. Calls should not be included that have not been checked. e.g. "...along lands of... to lands of..." (have you surveyed these properties to ascertain their location?) c. The description should be written in such a manner as to highlight problems or overcome potential legal obstacles. You should always write with the Marketability of the Property In Mind. - if there is a problem with part of the property, write a separate description for that part (the client may wish to use a separate quit claim deed to convey this area). - if your client has a possible claim (e.g. possessory) for part of some property, write a separate description for that area (this area can be conveyed using a separate quit claim deed). - if various parcels do not enjoy complete unity of title do not combine the parcels into one description (this may jeopardize the title for the entire tract). - in some cases where various parcels do enjoy unity of title, do not combine them into one description (the difficulty in subdividing the tract later may make the separate parcels convenient to convey later). - if various parcels have been previously combined in one description and are determined not to enjoy unity of title, prepare separate descriptions (to facilitate quiet title actions without clouding all title). Used with permission of Knud E. Hermansen, University of Maine 16

17 RULES OF CONSTRUCTION Intent - Intent of the parties as expressed in the deed controls Conflict - All things being equal, the following controls in the event of conflict: * Monuments (including adjoiners) * Measurements * Area Sufficiency of a Description - Under the common law a description is sufficient if a competent surveyor with reasonable certainty is able to, by using reasonable rules of construction and aided by extrinsic evidence, ascertain what property was intended to be conveyed. This is not the same standard that professional land surveyors must abide in preparing a description. Interpretation - When interpreting a description, certain rules should be followed: a. The intention of the parties should be derived if at all possible from the express language of the operative document. b. The document should be read as a whole, all parts used together, and each part assumed to support the other part. No part of a document should be left out, rejected, or ignored if possible. c. The circumstances and conditions at the time of the operative conveyance should be taken into account. d. Without words to the contrary, the ordinary and reasonable meaning of words and phrases (taken at the time of the operative conveyance) are used. e. The law in effect at the time of execution must be considered. Errors - Errors or mistakes that are subsequently identified can be removed so long as: a. the means of correcting the mistake is furnished from the same deed or other competent evidence (reference in the deed); or b. the mistake is not an essential part (the description is not rendered uncertain or the deed void). Omissions - Omissions in a description are not fatal so long as the information: a. is not essential (the location can still be rendered certain) or b. can be supplied by acceptable evidence Reconciliation of Ambiguities - Errors, ambiguities, and conflicts are reconciled using the following rules depending on the situation and circumstances: a. The intent expressed by the parties to the deed is the controlling guide in the reconciliation of the document. 1) First, the intent of the parties is to be derived from the language of the operative document or citations within the operative document. 2) Second, mutual acts or acquiescence subsequent to the execution of the operative conveyance but before any controversy will be used to show the intent of the instrument. 3) Third, mutual acts partaken or acquiesced by the parties at the time of execution can be used to show the intent of the instrument. 4) Fourth, acts previous to the execution may be used to show the intent of the instrument. b. As between two interpretations, that which makes the intent clear or more certain should be used. c. Extrinsic evidence may be used to clarify but not dispute or put into doubt the express words. Extrinsic evidence cannot: 1) add to, 2) enlarge, or 3) change the description or intent manifested by the description. d. Ambiguities are resolved in favor of the grantee and against the grantor (the grantor having prepared or had the opportunity to correct the instrument before executing it). e. The more certain part shall prevail over the less certain. Used with permission of Knud E. Hermansen, University of Maine 17

18 CHECK LIST FOR DESCRIPTIONS MIRROR: The description should mirror the survey plat and the plat should mirror the field work and the field work should mirror the intention of the parties to the original operative conveyance. A. CAPTION 1) General locality and title identity, including any/all of the following: a) State, city, county; geographic location. b) Subdivision name and recording information. c) Section, township, range, etc. d) Survey district (U.S.M.D., V.M.S., Congress, Fire Lands, etc.). B. BODY 1) Body of description contains specific identification of land and as many of the following as necessary. a) Point of Commencement (P.O.C.) compatible with other deeds. b) True Point of Beginning and correct measurements from P.O.C. c) Direction of travel, and preferably clockwise around the P.I.Q. d) Basis of bearings (grid, true, assumed, etc.). e) Calls for monuments should express the intent of the parties, as should calls for adjoiners with respect to Junior-Senior rights. f) Measurements should be consistent and reflect precision of field work. g) Area, except when controlling, should be stated as "more or less." h) Return to 'Point of Beginning.' B. CLAUSES 1) Qualifying clauses begin with either Subject to or Reserving. a) Subject to is used when the encumbrance is already in existence. b) Reserving is used when the encumbrance is being created. 2) Augmenting clauses add some thing, portion or right to the body of the description and begin with Together with. C. END OF DESCRIPTION alerts reader of the end of the description portion of the document. D. ALWAYS PROOFREAD AND RUN FOR CLOSURE BEFORE SIGNING. 18

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20 PRACTICE DESCRIPTION 20

21 Description continued; 21

22 NOTES 22

23 NOTES 23

24 Appendix A REFERENCES 1. Brown, C.M., W.G. Robillard and D.A. Wilson, 1994 Evidence and Procedures for Boundary Location, 3 rd Ed. Wiley Interscience, John Wiley & Sons, Inc., New York. 2. Brinker, R.C. and Roy Minnick, 1987 The Surveying Handbook, Van Nostrand Reinhold Company, New York. 3. Buckner, R.B., 1991 Land Survey Review Manual, Landmark Enterprises, Rancho Cordova, CA. 4. Cuomo, P.A. and R. Minnick, 1993 Advanced Land Descriptions, Landmark Enterprises, Rancho Cordova, CA 5. Estopinal, S.V., 1993 Understanding Land Surveys, 2 nd Ed., John Wiley & Sons, Inc., New York. 6. Estopinal & Lathrop, 2011 Professional Surveyors and Real Property Descriptions, 1 st Ed., Wiley 7. Fant, J.E., A.R. Freeman and C. Madson, 1980 Report Four: Metes and Bounds Descriptions, The Meyers Printing Company, Minneapolis, MN. 8. Grimes, J.S., 1976 Clark on Surveying and Boundaries, 4 th Ed., Bobbs-Merrill Company, Inc., New York 9. Haas, W.J. and R.T. Patridge, Legal Descriptions, PLSO Refresher Course 10. Hermansen, K.E., 2000 Course on Descriptions, University of Maine 11. Skelton, R.H., 1930 Boundaries and Adjacent Properties, Bobbs-Merrill Company, Indiana 12. Taylor, J.D., 1989 Property Descriptions: Understanding and Interpreting Them, Land Surveyor s Workshops 13. Wattles, G.H., 1979 Writing Legal Descriptions, Wattles Publications, Tustin, CA. 14. Wattles, G.H., 1980 Legal Descriptions and Survey Analysis, Wattles Publications, Tustin, CA. 15. White, J. R. And H.J Onsrud, 1989 Land Surveys, A Guide for Lawyers, American Bar Association Carl E. Turner Jr. 24

25 SOLUTION FOR PRACTICE DESCRIPTION ACRES Situated in the State of Ohio, County of Some, City of Some, located in part of Lot 22 of Quarter Township 3, Township 1, Range 16, United States Military District, being part of that acre tract of land described in Official Record 21232, Page B-16 to Brick Molding Co. (record references to those of the Recorder's Office, Some County, Ohio), and being more particularly described as follows: Commencing at a railroad spike found at the intersection of the centerlines of Taylor Station Road and David Taylor Road; thence northwesterly with the centerline of said David Taylor Road (60 feet in width), North 62 42'33" West, feet; thence northeasterly at a right angle to aforesaid line, North 27 17'27" East, feet to a ¾" I.D. iron pipe found in the northerly right-of-way line of said David Taylor Road, at the southwesterly corner of the acre tract described in Official Record 1446, Page A-06 to Ribbon Technology Corp., being the southeasterly corner of said acre tract, and being the TRUE POINT OF BEGINNING; thence westerly along said northerly line of David Taylor Road, North 62E42'33" West, feet to a ¾" I.D. iron pipe found at a point of curvature in said line; thence continuing along said northerly line of David Taylor Road, feet along the arc of a curve to the left (Radius= feet and bears South 27E17'27" West, Delta= 16E05'11"), a chord bearing and distance of North 70E45'08" West, feet to a ¾" I.D. iron pipe set; thence northerly through said acre tract, North 3E45'11" East, feet to an old 1" I.D. iron pipe found at the southwesterly corner of the 10 acre tract described in Official Record 11844, Page D-14 to FP Developers, Inc.; thence easterly along the southerly line of said 10 acre tract, South 76E41'14" East, feet to a ¾" I.D. iron pipe found at the northwesterly corner of said acre tract (Ribbon Technology Corp.); thence southwesterly along the westerly line of said acre tract, South 27E17'27" West, feet to the 'True Point of Beginning,' containing acres of land, more or less, as surveyed and described in February of 2019, by Some B. Surveyor, Professional Surveyor No. S Subject, however, to all legal rights-of-way of previous record. Basis of Bearings: The reference meridian for the foregoing description is the deed bearing for the centerline of David Taylor Road (i.e. North 62 42'33" West), as described in the dedication deed to the City of Somewhere, Ohio. Some Surveying Services, LLC Some Surveyor Some Surveyor Professional Surveyor No March 2018 *End of Description* 2019 Carl E. Turner Jr. 25