Marcus & Millichap
REAL ESTATE SALES CONTRACT
THIS DOCUMENT IS MORE THAN A RECEIPT FOR MONEY. THIS DOCUMENT IS INTENDED
TO BE A LEGALLY BINDING CONTRACT. READ IT CAREFULLY.
Seller is AEI Net Lease Income & Growth Fund XX Limited Partnership and AEI
Income & Growth Fund XXII Limited Partnership which both own a 50% interest
in the fee simple title to the CHAMPP'S AMERICANA RESTAURANT (the
"Property") located at 0000 Xxxxx Xxxxxx Xxxx, in the Township of West
Xxxxxxx, County of Xxxxxx, State of Ohio, and more particularly described
in the legal description annexed hereto in Exhibit "A" . Buyer is Xxxxxxx
Xxxxxx and/or assigns.
Upon acceptance Land America Commercial Services Attn: Xxxxx Xxxxx
("Escrow/Title/Closing Agent") has received from Buyer the sum of one
hundred fifty thousand dollars ($150 , 000) in the form of a wire transfer.
This sum is a deposit ("Deposit") to be applied to the purchase price of
the Property.
The Property shall also include Seller's interests in:
1. Any and all privileges and appurtenances pertaining to the Property,
including any right, title and interest of Seller in or to adjacent
streets, alleys or right(s)-of-way;
2. Any and all leases, licenses, occupancy agreements, permits, rents,
warranties, guarantees or security deposits with respect to the
Property, or any portion thereof;
TERMS AND CONDITIONS
For the mutual covenants contained in this Real Estate Sales Contract
("Agreement"), Seller agrees to convey the Property to Buyer, and Buyer
agrees to purchase the Property from Seller, on the following terms and
conditions:
1) PURCHASE PRICE: The total purchase price for the Property is four
million two hundred ninety-four thousand dollars ($4,294,000) ("Purchase
Price").
2) DEPOSIT: Buyer will deposit one hundred fifty thousand ($150,000) in
the form of a wire transfer with the Escrow/Title/Closing Agent (a) Deposit
shall be applied on purchase price or returned to Buyer when transaction is
closed; (b) if Seller fails or refuses to perform, or if the Property is
made unmarketable by Seller, or by Acts of God, or any contingency is not
satisfied or waived, the Deposit shall be returned; however, once the
contingencies set forth in paragraph(s) 5; 6; 6.1; 7; 7.1, 7.2; 7.3 are
removed, Buyer's Deposit shall be nonrefundable; (c) if Buyer fails or
refuses to perform, this Deposit shall be paid to Seller. If the parties
are unable to agree upon the disposition of the Deposit, then upon the
request of either Buyer or Seller for the return or payment of the Deposit,
the Closing Agent holding the Deposit shall give written notice to the
other party of such request, and shall advise the other party that such
Deposit shall be returned or paid in accordance with such request unless
the other party delivers written objection thereto within 20 days after
receipt of such notice. If the Closing Agent does not receive any written
objection within such 20-day period, then the Closing Agent shall return or
pay such Deposit in accordance with such request. If the other party
objects in writing within such 20-day period, Closing Agent shall retain
the Deposit until (i) Buyer and Seller have settled the dispute; (ii)
disposition has been ordered by a final court order; or (iii) Closing Agent
deposits said amount with a court pursuant to applicable court procedures.
The return or payment of such Deposit shall not in any way prejudice the
rights of Seller, Buyer or Closing Agent(s) in any action for damages or
specific performance.
3) CLOSING DATE: The, completion of this Agreement and close of the
transaction hereunder shall take place at the office of Land America
Commercial Services Attn: Xxxxx Xxxxx ("Closing Agent") located at 0000 X.
Xxxxxxx Xxxxxx, Xxxxx 000 Xxxxxxx, XX 00000, unless otherwise agreed in
writing by Buyer and Seller. Within three (3) calendar days of the
Effective Date of this Agreement, as defined in paragraph 33 below, Seller
and Buyer agree to prepare, execute and cause to be delivered to the
Closing Agent such instructions and other documents as may be necessary
and appropriate to complete this Agreement and close the transaction.
Should the instructions or other closing documents, if any, fail to be
executed or delivered as required, Closing Agent shall, and hereby is,
directed to close the transaction pursuant to the terms and
conditions of this Agreement. "Closing Date" shall mean the date on which
the document(s) transferring title to the Property to Buyer or Buyer's
designee is recorded, which shall occur on or before February 24, 2008. All
closing costs shall be paid in accordance with the following
A) Seller's closing costs
i) Title insurance for the premium for a base owners policy without
special endorsements
ii) Conveyance/Transfer tax fees for Xxxxxx County
iii) Search & Exam: $500
iv) Commitment Fee: $100
v) Overnight/Delivery Fees $25
C) Buyer & Seller Split costs
ix) Closing fee: $750
x) Document Delivery: $200
On or before the Closing Date, both Buyer and Seller shall prepare and
exchange executed Real Estate Transfer Declarations.
4) TAXES AND ASSESSMENTS: A). Because the Property is subject to a net
lease, the parties acknowledge that there shall be no need for a real
estate tax proration. However, Seller warrants that all real estate taxes
and installments of special assessments due and payable in all years prior
to the year of Closing have been paid in full. Unpaid real estate taxes
and unpaid levied and pending special assessments existing on the date of
Closing shall be the responsibility of Buyer, pro-rated, however, to the
date of closing for the period prior to closing, which shall be the
responsibility of Seller if Tenant shall not pay the same. Buyer shall
likewise pay all taxes due and payable in the year after Closing and any
unpaid installments of special assessments payable therewith and
thereafter, if such unpaid levied and pending special assessments and
real estate taxes are not paid by any tenant of the Property.
(B). All income, including rent and all operating expenses from the
Property, if any that are not paid by the tenant, shall be prorated
between the parties and adjusted by them as of the date of Closing.
Seller shall be entitled to all income earned, and shall be
responsible for all expenses incurred, prior to the date of Closing.
Buyer shall be entitled to all income earned and shall be responsible
for all operating expenses of the Property incurred on and after the
date of closing.
5) TITLE: Within five (5) calendar days after the Effective Date of this
Agreement, Seller shall order to be furnished at Seller's expense, to
Buyer a title commitment and policy for an owner's policy of title
insurance [ALTA Form B (1992 Rev. 10-17-92)] ("Commitment") to be
issued at the Closing Date by Land America Commercial Services Attn:
Xxxxx Xxxxx (the "Title Company") through the Closing Agent for the
Property. The title evidence shall be certified to within thirty (30)
days prior to closing with endorsement not before 8:00 a. m. on the
business day prior to the date of closing, all in accordance with the
standards of the local Bar Association, and shall show in Seller
marketable title in fee simple free and clear of all liens and
encumbrances except: (a) those created by or assumed by Buyer;
(b) those specifically set forth in this contract; (c) zoning
ordinances; (d) legal highway and (e) covenants, restrictions,
conditions and easements of record that do not unreasonably interfere
with present lawful use, (or Buyer's intended use which is investment
property). Buyer shall pay any additional costs incurred in
connection with mortgage title insurance issued for the protection of
Buyer's lender. Within twenty (20) calendar days following receipt
thereof, Buyer shall either approve in writing the exceptions
contained in said Commitment or specify in writing any exceptions
which may interfere with Buyer's intended use of the Property. If
Buyer objects to any exceptions, Seller shall, within five (5)
business days after receipt of Buyer's objections, deliver to Buyer
written notice that either (i) Seller will, at Seller's expense,
attempt to remove the exception(s) to which Buyer has objected
before the Closing Date or (ii) Seller is unwilling or unable to
eliminate said exception(s). If Seller fails to so notify Buyer
or is unwilling or unable to remove any such exception by the
Closing Date, Buyer may either (i) elect to terminate this Agreement
and receive back the entire Deposit, in which event Buyer and Seller
shall have no further obligations under this Agreement; or,
alternatively, (ii) Buyer may elect to purchase the Property hereunder
subject to such exception(s). Any survey, as may be required by any
lender or Title Company, shall be paid for by Buyer.
Seller shall convey to Buyer (or to such other person or entity as
Buyer may specify) marketable fee title by Limited or Special Warranty
Deed to the Property subject only to the exceptions approved or
accepted by Buyer in accordance with this Agreement. Title shall be
insured by a fee owner's policy of title insurance acceptable to Buyer
issued by the Title Company in the amount of the purchase price with
the premium paid by Seller. On the Closing Date, Seller shall sign an
affidavit with respect to off-record title matters in accordance with
the community custom.
6) FINANCING CONTINGENCIES:
6.1) NEW FIRST LOAN: Buyer shall use Buyer's best efforts, at Buyer's
expense, to obtain a new first loan ("First Loan") acceptable to the
buyer. First Loan shall be secured by a new first mortgage on the
Property. Buyer shall submit a written application to obtain First Loan
to a bona fide lender within TEN(10) calendar days of the Effective
Date and shall comply with lender's application requirements. Buyer
shall authorize said lender to disclose to Agent and Seller the status
of the loan application review and approval upon request. If Buyer
fails to apply as required hereinabove, or if Buyer fails to notify
Seller in writing that Buyer has obtained the First Loan within thirty
(30) calendar days of the Effective Date, this Agreement shall be null
and void, and all Deposits shall be returned to Buyer. Seller shall pay
any pre-payment penalties, if any, on any existing financing of Seller
not taken subject to or assumed by Buyer.
7) INSPECTION CONTINGENCIES:
7.1) BOOKS AND RECORDS. Seller agrees to provide Buyer with the items
listed below within five (5) calendar days following the Effective
Date:
a. Net Lease Agreement dated December 6, 2002.
b. Guarantee of the Net Lease dated December 6, 2002.
c. First Amendment to Net Lease dated January 1, 2004.
d. Phase 1 Environmental & Soil Report dated October 24 2002
within this time period or advises Buyer that it will not correct any
disapproved item, Buyer will have three (3) calendar days to notify
Seller either that it is waiving the disapproved item. Buyer's failure
to waive any disapproved item will cause this transaction to be
canceled and Buyer's deposit will be immediately refunded to Buyer.
7.2) INSPECTION OF PROPERTY: Within fifteen (15) calendar days of the
Effective Date, Buyer shall inspect and approve the "AS IS" condition
of the Property, including, but not limited to its physical condition,
the quality of any construction, the soil conditions, and the presence
or absence of lead-based paint or other hazardous materials on or about
the Property, and to notify the Seller in writing that Buyer approves
the "AS IS" condition of the Property. Buyer fails to timely approve
the condition of the Property, this Agreement shall be rendered null
and void, Buyer and Seller shall have no further obligations under this
Agreement, and all Deposits shall be returned to Buyer.
7.3) COMPLIANCE WITH LAWS: Within fifteen calendar days of the Effective
Date, Buyer shall investigate and notify Seller in writing of Buyer's
acceptance and approval of the Property's compliance with Federal,
State and local laws and ordinances including but not limited to any
environmental information, access, safety standards, or retrofit
requirements as a condition of sale or transfer. If approved by Buyer,
Buyer shall comply with and pay for these compliance requirements. If
Buyer fails to timely approve any compliance requirement, if any, this
Agreement shall be rendered null and void, Buyer and Seller shall have
no further obligations hereunder, and all Deposits shall be returned to
Buyer.
8) ESTOPPEL CERTIFICATES (Commercial Leased Properties): Seller shall
obtain and deliver to Buyer, within seven (7) calendar days of the
anticipated Closing Date set forth in paragraph 3, estoppel letters or
certificates from each tenant, licensee or other occupant at the
Property stating: (a) the date of commencement and the scheduled date
of termination of their lease, license or occupancy agreement; (b) the
amount of any advanced payments, rents and rent deposits paid to
Seller; (c) the amount of monthly (or other periodic) payments to
Seller; (d) that the lease, license or other occupancy agreement is in
full force and effect and that there have been no modifications or
amendments thereto, or, if there have been any modifications or
amendments, a complete explanation of same; (e) the approximate square
footage of the space within the Property they occupy (if set forth in
any agreement); and (f) that there is no default under the terms of the
lease, license or other occupancy agreement by Seller or Seller's
agents. Buyer shall have five (5) calendar days after receipt of the
estoppel letters or certificates to approve the same. Buyer may only
disapprove said estoppel letters and certificates, and cancel this
Agreement, if the letters and certificates: (i) reflect a discrepancy
from any documentation previously provided by Seller, not already
discovered by Buyer, and materially affects the economics of this
Agreement, or, (ii) reveal a previously undisclosed material breach of
one of the leases, licenses or other occupancy agreements. Upon such
reasonable disapproval, this Agreement shall be rendered null and void,
Buyer and Seller shall have no further obligations hereunder, and all
Deposits shall be returned to Buyer.
11) LEAD-BASED PAINT HAZARDS (Property With 4 or More Residential Units
Only): N/A Intentionally Deleted
12) PERSONAL PROPERTY: N/A Intentionally Deleted
13) BUYER EXCHANGE: Seller agrees to cooperate should Buyer elect to
purchase the Property as part of a like-kind exchange under IRC Section
1031. Buyer's contemplated exchange shall not impose upon Seller any
additional liability or financial obligation, and Buyer agrees to hold
Seller harmless from any liability that might arise from such exchange.
This Agreement is not subject to or contingent upon Buyer's ability to
dispose of its exchange property or effectuate an exchange. In the event
any exchange contemplated by Buyer should fail to occur, for whatever
reason, the sale of the Property shall nonetheless be consummated as
provided herein.
14) "AS IS" CONDITION OF PROPERTY: Buyer and Seller understand and agree
that the Property is being conveyed to Buyer hereunder in its "AS IS"
condition. Seller acknowledges and Buyer agrees that Buyer has, or will
have, inspected and approved the Property in its "AS IS" condition prior
to the Closing Date. Buyer further acknowledges and agrees that Seller
has not made or makes any representation or warranty of any kind including
but not limited to the condition or value of the Property, or its
suitability for Buyer's intended use, upon which Buyer is relying in
executing this Agreement and purchasing the Property hereunder. Buyer
acknowledges and agrees that Buyer shall perform any and all due diligence
required by Buyer to purchase the Property in its "AS IS" condition under
this Agreement.
Buyer's Initials:
/s/
15) RISK OF LOSS: Risk of loss to the Property shall be borne by Seller
until title has been conveyed to Buyer or Buyer's designee. In the event
that the improvements on the Property are destroyed or materially damaged
between the Effective Date of this Agreement and the Closing Date, Buyer
shall have the option of demanding and receiving back the Deposit, with
the parties being released from all obligations of this Agreement, or,
alternatively, taking such improvements as Seller can deliver. Upon
Buyer's removal of all inspection contingencies set forth in this
Agreement relating to the condition of the Property, Seller shall maintain
the Property through the Closing Date in substantially the same condition
and repair as approved by Buyer, reasonable wear and tear excepted.
16) POSSESSION: Possession of the Property shall be delivered to Buyer on
the Closing Date, subject to any and all existing possession rights of
any tenants, invitees, licensees or other occupants, if any.
17) LIQUIDATED DAMAGES/NON-REFUNDABLE DEPOSIT UPON CONTINGENCY REMOVAL:
Upon the removal increased by the terms hereof) as liquidated damages,
which shall be Seller's sole and exclusive remedy in law or at equity
for Buyer's default.
18) APPROPRIATION. If appropriation proceedings should be commenced
against the Property or if any governmental authority should notify Seller
of its intention to acquire the same pursuant to the power of eminent
domain prior to the Closing, then Seller shall notify Buyer thereof. In
such event, Buyer shall have the right, at its option: (i) to proceed with
the transaction by giving to Seller written notice thereof, in which event
Buyer shall have the right to negotiate with and sell to such governmental
authority or to contest such appropriation in litigation proceedings, and
shall be entitled to all proceeds thereof, and Seller shall convey the
Property subject to such proceedings and shall receive the Purchase Price
specified in this Agreement on the Closing Date; or (ii) to terminate this
Agreement by giving to Seller written notice of such termination. The
election of Buyer shall be exercised by written notice given to Seller
within 10 days after Seller has given to Buyer written notice of such
governmental action. The failure by Buyer to so notify Seller shall
constitute an election to proceed with the transaction.
19) OTHER BROKERS. Buyer and Seller agree that no broker other than Marcus
& Millichap is involved in this sale. Seller agrees to pay Marcus &
Millichap according to Seller's separate agreement with Marcus& Millichap;
other than the foregoing, each party agrees to pay the fees of any broker
claiming a commission by or through the representation of such party, and
shall hold the other party harmless from such claims.
20) SUCCESSORS & ASSIGNS: This Agreement and any addenda hereto shall be
binding upon and inure to the benefit of the heirs, successors, agents,
representatives and assigns of the parties hereto.
21) ATTORNEYS' FEES: In any dispute arising out of this Agreement or the
transaction contemplated herein, the prevailing party shall be entitled to
recover its reasonable attorneys' fees, experts' fees and costs, including
costs of arbitration or other legal proceeding, in addition to any other
relief to which the prevailing party may be entitled.
22) TIME: Time is of the essence of this Agreement.
23) NOTICES: All notices required or permitted hereunder shall be given to
the parties in writing (with a copy to Agent) at their respective
addresses as set forth below, unless otherwise agreed by the parties.
Should the date upon which any act required to be performed by this
Agreement fall on a Saturday, Sunday or holiday, the time for
performance shall be extended to 5:00 p.m. the next business day.
24) FOREIGN INVESTOR DISCLOSURE: Seller and Buyer agree to execute and
deliver any instrument, affidavit or statement, and to perform any act
reasonably necessary to carry out the provisions of the Foreign Investment
in Real Property Tax Act and regulations promulgated thereunder.
25) ADDENDA: Any future modification of this Agreement will be effective
only if in the form of an addenda to this Agreement, in writing, signed by
the party(ies) to be charged.
26) ACCEPTANCE AND EFFECTIVE DATE: Buyer's signature hereon constitutes an
offer by Buyer to acquire the Property from Seller on the terms and
conditions set forth herein, and acknowledges Buyer's receipt of a copy of
this offer. Unless acceptance hereof is made by Seller's execution of this
Agreement and delivery of a fully executed copy to Buyer or Buyer's agent,
either in person or by mail at the address shown below, on or before
January 25, 2008, this offer shall be null and void, the Deposit shall be
returned to Buyer, and neither Seller nor Buyer shall have any further
rights or obligations hereunder. Delivery shall be effective upon personal
delivery to Buyer, if any, or, if by mail, on the next business day
following the date of postmark. The "Effective Date" of this Agreement
shall be the later of (a)the date on which Seller executes this Agreement,
or (b) the date of written acceptance (by either Buyer or Seller) of the
final counter-offer submitted by the other party.
This Agreement may be executed in counterparts, and transmitted by
facsimile by and to the parties, and each such counterpart shall be
deemed an original, and all of them together shall constitute a single
instrument.
27) GOVERNING LAW: This Agreement shall be governed by and construed in
accordance with the laws of the State of Ohio.
28) NON-DISCRIMINATION: Buyer and Seller acknowledge that it is illegal
for either Seller, Buyer or Agent to refuse to lease or sell to any person
on the basis of, without limitation, race, color, religion, national
origin, sex, age, marital status or physical disability.
29) INTEGRATION AND SURVIVAL: This Agreement contains the entire
understanding and agreement between the parties concerning the subject
matter herein, and supersedes any and all prior agreements,
understandings, promises, representations and warranties, whether written
or oral, between the parties, concerning the subject matter hereof.
Should any provision of this Agreement or portion thereof be deemed
illegal, invalid or otherwise unenforceable, then to the maximum
extent permitted by law, the remainder of the Agreement shall remain
valid and binding as between the parties.
30) COUNTERPARTS: This Agreement may be executed simultaneously in two or
more counterparts, each of which shall be deemed an original but all
of which together shall writing within 24 hours of receipt of any
election by Tenant either to waive or exercise its right of first
refusal as to this transaction.
Upon expiration of Tenant's right of first refusal, Seller shall
provide Buyer with a written representation that Tenant has not timely
or properly exercised such right, or the terms of Tenant's waiver.
THE PARTIES ARE ADVISED TO CONSULT WITH THEIR RESPECTIVE ATTORNEYS
CONCERNING THE LEGAL EFFECT AND VALIDITY OF THIS AGREEMENT PRIOR TO ITS
EXECUTION. The undersigned Buyer hereby offers and agrees to acquire the
Property for the Purchase Price and upon the terms and conditions of this
Agreement. This offer is made by Buyer to Seller on this 22nd day of
January, 2008.
BUYER: Xxxx Xxxxxx, and/or Assignee ADDRESS: 0000 Xxxx Xxxxxx Xxxx
Xxxxx 000
Xxxx Xxxxxxxxx, XX 00000
SIGNED: /s/ Xxxx Xxxxxx 1/22/08
DATE: TELEPHONE: 000.000.0000
SELLER: AEI Net Lease Income & Growth ADDRESS: 1300 Xxxxx Fargo Place
Fund XX Limited Partnership, by
its General Partner
AEI Fund Management XX, Inc.
Xxxxxx X Xxxxxxx, President 00 Xxxx Xxxxxxx Xxxxxx
Xx. Xxxx, XX 00000
SIGNED: Xxxxxx X Xxxxxxx, Preident
DATE: /s/ Xxxxxx X Xxxxxxx 1/25/08 TELEPHONE: 000.000.0000
SELLER: AEI Income & Growth Fund XXII ADDRESS: 1300 Xxxxx Fargo Place
Limited Partnership, by 00 Xxxx Xxxxxxx Xxxxxx
its General Partner Xx. Xxxx, XX 00000
AEI Fund Management XXI, Inc.
Xxxxxx X Xxxxxxx, President
SIGNED: Xxxxxx X Xxxxxxx, Preident
DATE: /s/ Xxxxxx X Xxxxxxx 1/25/08 TELEPHONE: 000.000.0000
EXHIBIT A
LEGAL DESCRIPTION
2.009 ACRES
Situated in the State of Ohio, County of Xxxxxx, Township of West Xxxxxxx,
located in Section 27, Township 2, Range 2, between the Miami Rivers and
being out of that 98.914 acre tract as conveyed to Cincinnati Specialty
Center, LLC by deed of record in Official Record 6694, Page 273 (all
references refer to the records of the Recorder's Office, Xxxxxx County,
Ohio) and more particularly bounded and described as follows:
Beginning for reference, at a mag nail set in the centerline of Xxxxx Road
at the common corner of Section 26, 27, 32 and 33, being the southwesterly
corner of 98.914 acre tract, and being the southeasterly corner of
Parcel II as conveyed to Beaver Creek partners, LLc by deed of record in
Official Record 6359, Page 924;
thence North 05 06' 53" East, with the common line between Sections 27
and 33, being the easterly line of said Parcel II and the easterly line of
Parcel 1 of said Beaver Creek Partners, being the westerly line of said
98.914 acre tract, a distance of 2133.10 feet to an iron pin set in the
easterly right-of-way line of Interstate 75, being the easterly line of
that 12.719 acre tract as conveyed to the Xxxxxx County Transportation
Improvement District of record in Official Record 6109, Page 2259;
thence with said right-of-way line, the easterly line of said 12.719
acre tract, the following courses and distances:
North 58 09' 07" East, a distance of 338.02 feet to an iron pin set;
North 67 42' 19" East, a distance of 385.01 feet to an iron pin set;
North 60 16' 29" East, a distance of 260.77 feet to an iron pin set;
North 49 22' 25" East, a distance of 183.83 feet to an iron pin set
at the True Point of Beginning;
thence North 49 22' 25" East, continuing with said right-of-way line,
a distance of 203.35 feet to an iron pin set in the southerly right-of-way
line of Union Centre Boulevard;
thence South 62 38' 01" East, with said southerly right-of-way line,
being the southerly line of said 12.719 acre tract, a distance of 119.75
feet to an iron pin set;
thence across said 98.914 acre tract, the following courses and
distances;
South 27 12' 29" West, a distance of 38.32 feet to an iron pin set;
South 02 57' 36" East, a distance of 328.65 feet to an iron pin set
on the arc of a curve to the right;
southwesterly with the arc of said curve (Delta 06 23'30", Radius
344.41 feet) a chord bearing and distance of South 88 48' 20" West, 38.40
feet to an iron pin set at a point of reverse curvature;
southwesterly with the arc of said curve (Delta 08 12' 24", Radius
322.64 feet) a chord bearing and distance of South 87 53' 53" West, 46.17
feet to an iron pin set at a point of tangency;
South 83 47' 41" West, a distance of 44.33 feet to an iron pin set
at a point of curvature of a cure to the left;
southwesterly with the arc of said curve (Delta 07 12' 10" Radius
630.00 feet) a chord bearing and distance of South 80 11' 30" West,
79.15 feet to an iron pin set;
North 12 56' 43" West, a distance of 83.81 feet to an iron pin set; and
North 08 58' 42" West, a distance fo 227.71 feet to the True Point
of Beginning containing 2.009 acres of land, more or less
Subject, however, to all legal rights-of-way and/or easements, if
any, of previous record.
Iron pins set, where indicated, are iron pipes, thirteen sixteenths
(13/16) inch inside diameter, thirty (30) inches long with a plastic plug
placed in the top bearing the initials EMHT INC.
The bearing herein are based on the same meridian as the bearings
shown on the centerline survey for BUT-75-2.414, in which the centerline
of Interstate 75 has a bearing of North 40 17' 04" East.
EVANS, MECHWART, XXXXXXXXX & XXXXXX, INC
[state of Ohio seal] /s/ Xxxxx X Xxxxx 10/24/02
Xxxxx X Xxxxx
A Registered Surveyor No 7868
XXXXXX COUNTY PLANNING COMMISSION
FOR THE PURPOSES OF CONVEYANCE OF
TITLE, DOES NOT CONSTITUE A ZONING
CERTIFICATE OF BUILDING PERMIT
NO PLAT REQUIRED
VOLUME 43 PAGE 127
XXXXXX COUNTY ENGINEER REVIEWED
DEPT. OF PLANNING & ZONING
RECORD OF LAND SURVEYS DATE 10/29/02
SIGNATURE /S/ M SMOTS
