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Columbus, Ohio 43229 IN THE S17PRE1VIF COURT OF OHIO STr4TF OF OI-IIO EX RFL. WAPNE'i. DONER, ET AL. Relators, V. Case No.: 2009-1292 SEAN 1). LOGAN, DIRECTOR ®FIIG DF.PARTMFN'C OF NrA'lURAL RES®URCF,S, FT AL. Respondents. RELATORS' 1'RFg1a,Nl'A'I'ION OF EVIDENCE V(DLUMF NiNF, Bnice L. Ingram (0018008) William J. Cole (0067778) (Counsel (iRecord) (Counsel ofRecord) Joseph R. Miller (0068463) Mindy Worly (0037395) Thomas H. Pusonic (0074201) Jemiifer S.M. Croskey (0072379) Kristi Kress Wiihehny (0078090) Assistant Attorneys General 1Ntartha C. Brewer (0083788) 30 East Broad Street, 26`' Floor Vorys, Sater, Seymour and Pease LLP Columbus, Ohio 43215 52 Fast Gay Street Tel: (614) 466-2980; Fax: (866) 354-4086 P.O. Box 1008 [email protected] Columbus, Ohio 43216-1008 mindy.worly c(^r,ohioattorneygeneral.gov Tel.: (614) 464-6480 jennifer.croskey(a)ohioattorneygenera.i.gov Fax: (614) 719-4775 biingram(n,vorys.com Dale T. Vitale (0021754) [email protected] Rachel H. Stelzer (0083124) [email protected] Daniel J. Martin (0065249) Idcwilhelmy u vorys.com Assistant Attorneys General mcbrewer()vorys.com Environmental Enforcement Section 2045 Morse Road #t D-2 Attorneysfor Relators Columbus, Ohio 43229 Tel.: (614) 265-6870; Fax: (614) 268-8871 [email protected] [email protected] [email protected] Atiorney.sfir Respondents Pursuant to S. Ct. Prac. R. X, Section 7, Relators, by and through tlicir counsel, hereby submit Volume Nine of Relators' Presentation of Evidence, whieh consists of the following documents undei- the corresponding sequential tabs: Tab Description 123. Affidavit of Jane B. Gaines, which includes the following exhibit: Exhibit A: Deeds of Relatoi-s Dalea: May 28", 2010 Respect(ully suh[StiYted, ruce L. ingratn (001,8008) (Counsel of Record) Joseph R. Miller (0068463) '1'liomas Il. Pusonie (0074201) Kristi Kress Willielmy (0078090) Martha C. Brewer (0083788) VORYS, SATER, SEYMOUR AND PEASF's LLP 52 F,ast Gav Street, P.O. Box 1008 Columbus, OH 43216-1008 Tel: (614) 464-6480 Fax: (0 14) 719-4775 bluigram(q)vorys.com jr•[email protected] [email protected] kkwilhelcny cl,vorys.com nicbrewer(a),vorys.com Adiorneys for Relators I CER'I'IFICA7'R OF SERVICE '('he undersigiied hereby certifies that a true copy oCttie loi-egoing was served upon t}le iollowing, via U.S. Mail postage prepaid, this 28°i day of May, 2010: Wil(iam .I. Cole Mindy Worty Jcnnifer S.M. Croskey Assistant Attoi-neys General 30 East Broad Street, 26th Floor Columbus, Ohio 43215 Dale "C. Vitale Daniel J. Martin Rachel 11, Stelzer Assistant Attorneys General Environrnenlal Enfoi-cenlent Section 2045 Morse Road # D-2 Columbus, Ohio 43229 Attorneys, for Respondents AFFIDAVIT OF JANE B. GAINES STATh' OF OHIO, ) ) ss: COUNTY OF FILANI{LIN, ) My namc is.lane B. Gaines. I am over the age of 21, and I am conipetent to malcc this affidavit The tacts stated herein are within my personal knowledge and are true and cori-ect. I state as follows: 1. I am a paralegal at Vorys, Saler, Seynour and Pease LLP. 2. Attached as Exhibit A are true and accurate copies of certain recorded doeuments I obtained from the i-ecoi-ds of the Recorder's Office of Mercer County, Ohio related to the Cee simple title acquisition of the tax parcels owned by the relators in Uoner, et al. v. Sean Logan, et al_, Supreme Court of Ohio, Case No- 2009-1292 in Mercei- County, Ohio, which have been identified by said relators as flooded by the Ohio Departincilt of Natural Resources. FURTHER AFFIANT SAYL+',TII I@'A[JGIY"1'. Sworn to before me and subscribed in n1y presence this • r^day of May, 2010. /,-I ? Notary 1'ublic DON00z5Z3 123 RICHARD L. ADAMS NANCY L. ADAMS M^KK'^ M06>02 FORM ]nstru.rnt Boon Pa g e SURVIVORSHIP DEF.D 200100002135 OR 123 171 Know All Men By These Presents, That, MARK LEININGER and JEANETI'E LEININGER, husband and wife, for valuable consideration paid, grant with general wmranty covenants, to RICHARD L. ADAMS, and NANCY I,. ADAMS, busband and wife, for their joint lives, remainder to the survivor of them, whose tax tnailing address is: 1262 Schroeder Road, Celina, Ohio 45822, the following real property: TRACT 1: Sitnated in the TOWNSIIIP of WASIDNGTON, COUNTY of MERCER, and STATE of 01I10: Commencing at a stone comer 1.06 chains West of the East Quarter post of Section 4; Town 6 South, Rauge I East; thence North 14.96 chains to a stone 20 feet South of the Northwest corner of the cemetery; thence West 18.56 chains to the center of the pike; thence South 5.88 chains to a stune, thence East 3.08 chains to a stone; thence South 2.50 chains tn a stone; thence East 791 chains to a stone; thence South 6.55 chains to the center of the pike; tltence East 8.19 chains to the place of beginning, containing 20.12 acres, rnore or ]ess. TRACT 2: Commencing 1.06 cbains West of ttie West Quarter post of Section 3, Town 6 South, Range I East; thence Nonh 9.20 chains to the Southwest comer of the cemetery; thence last 4.43 chains to the Southeast comer of the cemctery; thence Noith 711o degrees East 6 chains to the Northeast comer of'the cemetery; thence East 4.58 chains to the center oftbo old bed of Ihe Wabash River; thenec following the old bed of thc river to a point 11.50 chains East ofthe Section line and 8.60 ehains North to the half section line; thence South 8.60 chains to a sione at thc center of the pike; thence West 12.56 chains to flre place of beginning, containing 12.65 acres, ntore or less. All of the above described land being in the Southeast Quaner of the Northeast Quarter of Section 4, Town 6 South, Range I East, and out of the Southwest Qnarter of the Northwest Quarter of Sect[on 3, Town 6 South, &urge I East, EXCEPTING THEIIEFROM tlre following described land, to-wit: Commencing at a stone comer 8.09 chains P.ast of the West Quarter pust of Section 3, l'owa 6 South, Range I East; thence Eust 3.41 chains; thence 8.60 chains to the center of the old river bed; thence following the meanderings of the old river bed to point 5.57 chains North ofthe place of beginning; thence South 5.57 chains to the place of beginning and containing 2.15 acres in said exception, leaving 10.50 acres. ALSO: 951) 00 of en acre, described as follows: Commencing 50 feet Easland 4 chains North of a stone at the Southeast comer of Lot 10 East Division of Wabash, Ohio; thence North 2.25 chains; thenee East 4.25 chains; thenec South 2.25 chains; thence West 4.25 chains to the place of beginning. This tract is contiguous to the 10.50 acres hereinabove described, rnaking the total acreage 11.45 acres, more or less. Tax Parcel I.D. N 42,005800.0000 & 42-003700.0000 PR3OR INSTRUMEb1'f RLFERHNCE: Deed Volume 313, Page 297, of the Merecr County Recorder's Records. 3 fo a o TRANSFERRE 2 a?? o o( AX1AAp *,- y ^q APR 12 2091 DESCRIPTIONt oqweYanCe Fsela`Ze d S U F F I C I ENT St:oGrantorar,d6rameeotthlsdeedhaa0 aAHr.o.r.o,UE FOH TAX MAPPING PURPOSES COUNTY AU[IITOR compliHU vtith til° provsloos ol F7- C. Soo. YERCER COUNYY. OHIO APR 12 2001 319 , 20z tsark Gtesuye Mofcer (,aanyAUd'[Ur. ^.7/ ^ I MeRCER couNTV D O N 0 0 0 8 1 5 TAX MAP PEPARTMtNT Deputy Aud. Date lnstrusent Donp Paye 200100002135 OR 323 172 And for valuablc aonsidcration, MARK LEININGER and JEANETfE LEININGER, husband and wife, do hereby remise, release and forever quitclainl unto the said Grantees, their heirs and assigns, all their right and expectancy of DOWER in the above described premises. IN WITNESS WHEREOF, we have hen:unto set our hands, the t th__ day of Apol, in the year of our Lurd Two Thousand One (2001). Signed an}tacknowledge nr the presence of: ////../Lz' P^Ji!-L MARK LETNINGE)Y^ Witness- Carl Hess .a..L'^.c. NETrE LEININGER STATE OF 01110 - COUNTY OF MERCER Beforc me, as Notary Public in and for said County and State, personally appeared dIe above- named MARK LEININGER and JEANETTL: LEINiNGER, busband and wife, who acknowledged that they did sign the foregoing instrument and that the same is their free act and deed. IN TESTIMONY WHEREOF, I have hereunto set Iny hand and ofi-ieial seal at Celina, Mercer Courlty, Ohio, this _ I l Lh day of April 2001. CARL HCSS NOTARY YUBLIC Notary Public for Ohio IN AND FOR THE STATE OF OIItO My Commission Expir-csk COUNTY OF RESIDENCE MERCER tiY COMMISSION E%PIPES FEBRUARY 10,1003 , . , Celina, Otiio 45$Z^-^ 'This instrmncnt prepared by: KNAPKE LAW OFFICE 115 N Walnut St At Reauest of Farm Credit Services of Mid-America FLCA. Cet.inn^Ohio 1.00100002136 Fi1nd for Recm"tl in MERCER C1C1l1NTY, RHIO rRMNRH IS BGRGkR 04-12-2001 12:1.0 PM. 1'URVIV DEED 14.00 OR Book 123 Page 171 - 172 200160002135 NNNVKE F1LE DON000816 PAUL A. AGNELLO RHONDA E. POWELL AGNELLO DEED OF FIDUCIARY statUtory FOrm (R.L Stt. 5JOT.U9) **e***4**aiY16*****A*** YGl 324PAGE 423 KNOW ALL HEH BY THESE PREBENTDl THAT HOPE E. STEIN as Exeoutrix of the Estate of JEROME L. UTEIN, Deeeased, by the power conferred by ITEM SIXTH of the Last Will and Testament of Jerome L.
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