IN THE SUPREME COURT OF OHIO STATE OF OHIO, ex rel. CASE NO. 2009-0026 GERALD O.E. NICKOLI, et al., Original Action in Mandamus Relators, V. ERIE METROPARKS, et al., Respondents. STIPULATIONS - VOLUME 1 (Exhibits SE-1 through SE-35) Thomas A. Young (0023070) Bruce L. higram (0018008) Counsel of Record Counsel of Record PORTER, WRIGHT, MORRIS & ARTHUR Joseph R. Miller (0068463) LLP Thomas H. Fusonie (0074201) 41 South High Street VORYS, SATER, SEYMOUR AND PEASE Columbus, Ohio 43215 LLP (614) 227-2137 52 East Gay Street (614) 227-2100 - Fax Columbus, Ohio 43216-1008 [email protected] (614) 464-6480 (614) 719-4775 - Fax John D. Latchney (0046539) blineramnvorys.com TOMINO & LATCHNEY, LLC LPA jrmiller tr vor .om 803 East Washington Street, Suite 200 thfusonie(a0orys.com Medina, Ohio 44256 (330) 723-4656 Attorneys for Relators (330) 723-5445 - Fax jlatchney cr,brightdsl.net Attorneys for Respondents F MAY 18 2DC3 CLERK OF COURT SUPREIUIE COURT OF OHIO STIPULATIONS 1. EXHIBITS The parties to this action, by and through their respective attorneys, hereby stipulate, for purposes of this action only, that each of the exbibits listed below is authentic and fully admissible for all purposes in this action: A. Documents Recorded In The Recorder's Office, Erie County, Ohio EXHIBIT RECORDATION DESCRIPTION INFORMATION SE-1 Deed Volume 10, page Deed dated Apri121, 1838 from Ebeneser Merry to 25 the Milan Canal Company (typed version) SE-2 Deed Volume 10, page Deed dated May 10, 1838 from Kneeland Townsend 23 to the Milan Canal Company (typed version) SE-3 Lease Records Volume 2, Lease dated July 12, 1881 between the Milan Canal pages 26-28 Company, as lessor, and the Wheeling & Lake Erie Railroad Company, an Ohio corporation, as lessee SE-4 Deed Volume 78, pages Deed dated October 24, 1904 from Ralph M. 239-241 Lockwood, Receiver for the Milan Canal Company, to Stephen A. Lockwood SE-5 Deed Volume 80, page Deed dated October 8, 1906 from Stephen A. and 453 Libby E. Lockwood, husband and wife, to Emma L. Lockwood SE-6 Lease Records Volume Assignment of Lease dated October 21, 1953 17, pages 307-310 between Julius B. Amber, Executor of the Estate of Verna Lockwood Williams, deceased, as assignor, to Julius B. Amber, Testamentary Trustee under the Will of Verna Lockwood Williams, deceased, as assignee SE-7 Deed Volume 547, pages Certificate of Merger dated September 16, 1988 366-376 between Norfolk and Western Railway Company ("N&W") and Wheeling & Lake Erie Railway Company, an Ohio corporation, and Agreement and Plan of Merger dated June 1, 1988 between the same two companies 1 SE-8 Deed Volume 564, pages Deed dated May 8, 1990 from N&W to Wheeling & 1-4 and 190-196 Lake Erie Railway Company, a Delaware corporation ("W&LE-Delaware"), and Erie County, Ohio real estate portion of such deed SE-9 Deed Volume 244, pages Agreement dated October 13, 1995 between the 926-938 Board of Park Commissioners of Erie MetroParks ("Erie MetroParks") and W&LE-Delaware SE-10 Official Records Volume Deed dated October 13, 1995 from W&LE-Delaware 398, pages 51-54 to Erie MetroParks SE-11 RN200004166 Deed dated February 24, 2000 from Key Trust Company of Ohio, N.A., Trustee of the Testamentary Trust of Vema Lockwood Williams ("Key Trust") to Relators Richard and Carol Rinella, husband and wife SE-12 RN200005173 Deed dated April 11, 2000 from Key Trust to Buffalo Prairie, Ltd. ("Buffalo Prairie") SE-13 RN200005182 Deed dated April 26, 2000 from Buffalo Prairie to Relator Rita M. Beverick SE-14 RN200005179 Deed dated Apri126, 2000 from Buffalo Prairie to Relators Patricia A. Charville, Trustee U/A Patricia A. Charville, dated September 28, 1994 as to an undivided %z interest and Patricia A. Charville, Mark R. Charville and David A. Charville as Successor Trustees U/A Leon R. Charville dated September 28, 1994 as to an undivided %2 interest SE-15 RN200005180 Deed dated April 26, 2000 from Buffalo Prairie to Relator Douglas Hildebrand SE-16 RN200005183 Deed dated Apri126, 2000 from Buffalo Prairie to Relators Dale A. and Ellen H. Hohler, husband and wife SE-17 RN200005186 Deed dated Apri126, 2000 from Buffalo Prairie to Relator Theresa R. Johnston SE-18 RN200005176 Deed dated Apri126, 2000 from Buffalo Prairie to Relators John F. Landoll and/or Virginia A. Landoll U/A John F. Landoll and/or Virginia A. Landoll, Co- 2 Trustees Landoll Family Revocable Living Trust dated July 24, 1998 SE-19 RN200005189 Deed dated Apri126, 2000 from Buffalo Prairie to Relator Michael P. Meyer RN200005190 Deed dated Apri126, 2000 from Buffalo Prairie to Alice F. Fowler SE-20 RN200005177 Deed dated Apri126, 2000 from Buffalo Praiiie to Relators Gerald O.E. Nickoli and Robin L.B. Nickoli, as Custodian for Autumn M. Nicoli and Jared J. B. Nickoli under the Ohio Transfers to Minors Act SE-21 RN200005193 Deed dated April 26, 2000 from Buffalo Prairie to Relators Billy R. and Donna J. Rasnick, husband and wife SE-22 RN200005194 Deed dated Apri126, 2000 from Buffalo Prairie to Relator Maria Sperling SE-23 RN200005188 Deed dated Apri126, 2000 from Buffalo Prairie to Relators Gary R. and Virginia M. Steiner, husband and wife B. Documents From In The Matter Of The Application For The Dissolution Of The Milan Canal Company, Erie County, Ohio Court Of Common Pleas Case No. 9702 EXHIBIT DATE DESCRIPTION SE-24 January 7, 1904 Petition (page 6 missing) SE-25 July 27, 1904 Journal Entry ordering sale of real estate C. Documents From Board OfPark Commissioners, Erie MetroParks v. Key Trust Company of Ohio, N.A., Trustee of the Testamentary Trust of Verna Lockwood Williams, et al., Originally Docketed As Erie County, Ohio Court Of Common Pleas Case No. 99-CV-442 EXHIBIT DATE DESCRIPTION SE-26 July 14, 2000 Amended Complaint SE-27 July 14, 2000 Erie MetroParks' Combined Motion for Temporary 3 Restraining Order and Preliminary Injunction and Memorandum in Support Thereof SE-28 July 14, 2000 Temporary Restraining Order SE-29 August 8, 2000 Answer to Amended Complaint and Counterclaim SE-30 August 11, 2000 Erie MetroParks' Reply to Defendants' Counterclaim SE-31 November 7, 2000 First Trial Court Decision SE-32 September 14, 2001 First Appellate Decision (Court of Appeals for Erie County, Ohio Case No. E-00-068, Erie MetroParks Bd. ofPark Commrs. v. Key Trust Co., 2001-Ohio- 2888) SE-33 February 22, 2002 Second Trial Court Decision SE-34 September 13, 2002 Second Appellate Court Decision (Court of Appeals for Erie County, Ohio Case Nos. E-02-009 and E- 02-011, Erie Cty. MetroParks Bd. ofPark Commrs. v. Key Trust Co. of Ohio, 2002-Ohio-4827) D. Documents From State of Ohio, ex rel. Edward M. Coles, et al. v. Jonathan Granville, et al. Ohio Supreme Case No. 2006-1259 EXHIBIT DATE DESCRIPTION SE-35 June 29, 2006 Complaint and Relators' Memorandum in Support of the Complaint for Writ of Mandamus SE-36 July 24, 2006 Respondents' Answer SE-37 March 23, 2007 Relators' Reply Memorandum in Support of the Complaint for Writ of Mandamus SE-38 June 11, 2007 Relators' Motion to Take Judicial Notice SE-39 June 21, 2007 Brief of Relators in Support of Writ of Mandamus SE-40 July 11, 2007 Respondents' Memorandum in Opposition to Writ of Mandamus SE-41 July 18, 2007 Relators' Reply Brief 4 SE-42 July 18, 2007 Relators' Supplemental Presentation of Evidence SE-43 November 20, 2007 Decision (116 Ohio St. 3d 231, 2007-Ohio-6057) SE-44 November 30, 2007 Respondents' Motion for Reconsideration SE-45 December 7, 2007 Relators' Memorandum in Opposition to Motion for Reconsideration SE-46 January 23, 2008 Reconsideration Entry E. Miscellaneous EXHIBIT DESCRIPTION SE-47 25 Ohio Law 94-99 ("An Act to incorporate the Milan Canal Company") SE-48 Rule G 859, Frames 1431-1434, Records of Incorporation and Miscellaneous Filings, Ohio Secretary of State's Office II. FACTS The parties to this action, by and through their respective attorneys, hereby stipulate, for purposes of this action only, that the Wheeling & Lake Erie Railroad Company was incorporated 5 as an Ohio for profit corporation on or about Apri16, 1871, and that on or about June 25, 1896 it changed its name to the Wheeling & Lake Erie Railway Company. Stipulations Approved and Respectfully Submitted By: ai`+ae^ •^ _ A 2_. - ^ av, Bruce L. Ingrram (0018008) Thomas A. Young (0023070) Counsel of Record Counsel of Record Joseph R. Miller (0068463) PORTER, WRIGHT, MORRIS & ARTHUR LLP Thomas H.. Fusonie (0074201) 41 South High Street VORYS, SATER, SEYMOUR AND Columbus, Ohio 43215 PEASE LLP (614) 227-2137 52 East Gay Street 614) 227-2100 - Fax Columbus, Ohio 43216-1008 [email protected] (614) 464-6480 Attorney of Record for Respondents (614) 719-4775 - Fax blingram@vor s. j rmiller(aDvorys. com thfusoniena,vorys.com Attorneys for Relators COLUMBUS/1488496 v.01 6 Exhibit SE - 1 An instrument executed by Ebeneser Merry dated April 21, 1838, received for record October 29, 1852 and recorded in Volume 10 of Deeds, Page 25, provides as follows: "Know all men by these presents that I Ebeneser Merry of Milan Township, County of Huron and State.of Ohio, in consideration that the Milan Canal Company have built a Darn in pursuance of a Contract made January lst 1834 across the New Channel of the Huron River and further agree to keep said Dam and its Britments in Good repair and rebuild the same when necessary - I do hereby Give Grant and release and forever Quit Claim unto said Milan Canal Company all my rights to occupy the Milan Canal Basin as described in the Addition to the Town.Plat of Milan recorded on Huron County Records Vol.