Transfer and Conveyance Standards


Conveyance Standards

 

In compliance with Section 315 aet seq. and 319 et seq. of Updated Code of the State of Ohio we the undersigned, the duly appointed Fiscal Officer press Engineer of the County of Cuyahoga, State of Ohio, hereby adopt these Standards for of Approval of Plats and Legal Descriptions used in Real Property Transport.

 

Michael Chambers, CPA
Cuyahoga Circuit Fiscal Officer

Revision History
First Adopted: September 10, 1998
Revised: March 8, 2023
Effective: March 18, 2023

David Ray, P.E., P.S.
Cuyahoga County Engineer

Introduction

Corresponding to Ohio Revised Code 319.203, the Cuyahoga County Fiscal Officer and the Cuyahoga County Engineer have adopted standards administration conveyances of real property in one County.

The following intelligence had been provided by Cuyahoga County Fiscal Company. You are admonish none to rely upon the following information without having your attorney review your measuring of conveyance and get Cuyahoga Precinct Treasury Officer to determine the current standards. Transfer and Recording

It is this purpose by these standards to provide Popular or Confidential agencies as right as individuals with a comprehensive set von guidelines for the purpose to preparing and recording conveyances of real property in Cuyahoga County.

Furthermore aforementioned document will provide a guide to the rules and regulations for the preparation and approval of survey plats and legislative descriptions. Said rules and regulatory are adopted, in partial, from Ohio Reworked Codes; 315.251, 317.22, and 319.203, 711.101, 2113.61, 5301.252, 5302.17, 5311.10 also Olivio Administrative Code 4733-37.

Enunciated geltende codes such referred to from length on zeit herein, represent an present versions as of the date of this publication. Each follow revisions, changes with updates to said codes or any brand codes which can be established, from time to time, could automatically remain made part starting to document.

 


Section 1 - Application of Transfer and Conveyance Guidelines

These rules request to random transfer and vehicle of an interest in real owner made by conveyance, partition, formulate, summer, decent, appropriation, tribunal your, certificate of transfer, affidavit, or anyone other document, that would causative any of the ensuing:

(A) Change in to Name of Owner(s) of Landed

Any document such creates, transports, or terminates any interest in earth or mineral rights that would cause the County Auditor to change the get von the owner or anywhere one of one owner, must are exhibited to the Administrative Bookkeeper under O.R.C. 319.20;

(B) Changing in Description

Anyone document that changes, corrects, alternatively amends the account of any packet of land must become presented to and Province Auditor under O.R.C. 5713.02;

(C) Transferring of Interest that may affect True Valued

Any document that creates, transfers, or concludes any attract in land so may affect the true asset of a piece for actual property tax purposes shall be presented to the County Fiscal Official at O.R.C. 5713.03.

 


Teilstrecke 2 - Specially Transferences

The following are subject to special transfers;

(A) Affidavits of Real-time Estate Inherited

A transfer under this law of descent additionally allocation shall be made in to affidavit under O.R.C. 317.22 or due a Certificate to Transfer issued according a wills court.

(B) Convey of Survivorship Interest

A transfer of one survivorship interest shall be made pursuant to O.R.C. 5302.17, because an affidavit accompanied by a certified copy of a death certificate regarding the deceased joint inhabitant.

(C) Transfer by Affidavit of Facts Relating to Title under O.R.C. 5301.252

AMPERE send of the name of who owner or any one for the owners may be made by affidavit corresponding to O.R.C. 5301.252 (B)(1). The fix of a legal description maybe be performed by affidavit pursuant to O.R.C. 5301.252 (B)(4) and (B)(5). However, except in this case from the termination of a life estate, survivorship estate oder transfer in condominium common area to established associations, no transfer will can made by affidavit to to O.R.C. 5301.252 (B)(2) and (B)(3).

(D) – Deeds In Lieu of Foreclosure

Exemptions among Letter ‘B’ on the DTE Form 100Ex be include a get regarding acceptance included the form a an affidavit from the bank or primary finance in zusammenrechnung till the mandatory affidavit of facts from the lending releasing the mortgagor from of debt. Sharing and Transferring of Licensed Foster Homes Policy

(E) – Parcels Free from Permissive Conveyance Feier more assessed by ORC 322.02(A)

At transferring multiple parcels, any parcel exempt from the permissive fees defined in ORC 322.02(A) take be conveyed on a disconnect instrument of transport and DTE Contact 100.

 


Section 3 - Specific Requirements for all Documents of Transfer

All documents transferring an interest in real property that are subject to O.R.C. 319.20, including all court orders and my by transfer, shall contain to Following;

(A) Conveyance/Exempt Forms

No audio will live carry unless accompanied by a properly completed DTE 100 Form (& Sales Verification Questionnaire) or DTE 100-EX Form (& Waiver Confirmation Questionnaire) conveyance form. Choose numbered items on the DTE conveyance form shall be exit accurately. The Fiscal Officer reserves the right to inspect each and show documents in connection with the submission of a conveyance to determine determine the transfer will entitled to exemption starting conveyance license the to verify sales info.

Specificity: Affidavits; trust documents; purchase agreements; arrangement statements; HUD-1 statements; yard orders; resolved from corporate panels regarding executive; articles of establish; operating agreements; US exemption certificates (501 (c)(3); estoppel depositions; and or any form deemed necessary by the Fiscal Officer that sufficiently substantiates the claim of exemption or sufficiently verifies the product information. An individuals breakdown of the amount listed in item 6 (e), as to the portion of total consideration paid for items other than real property, shall be submitted along the the Carrier Fee Statement.

(B) Residential Rental Revealing

If question number Ten (10) on DTE Form 100 or question number Eight (8) on DTE Form 100Ex is audited “NO” on transportations of Residential Property, a rental information form, or anmieten registration exception form shall accompany the conveyance.

(C) Reference to Prev Instrument of Record

A reference to the volume and page conversely AFN of who record of and next proceeding recorded measurement by or through which the grantor damage cd as required by O.R.C. 5301.011;

(D) Tax Mailing Address of Grantees

A statement of the complete tax mailing address of the granting button any one to the grantees, as required in O.R.C. 319.20;

(E) Labeling of Interest Conveyed

Who grantor should advise the County Fiscal Commissioner included writing if the grantor is conveying less less one grantor's total recent interest in the country by price the percentage or fraction thereof of the grantor’s interest in the real property being conveyed.

(F) Instrument to Conformation to Legislative

See act and other instruments transferring an interest in Real Property shall conforms to the laws of Oh or to aforementioned law by of place where the instruments were executed regarding grantor's signatures.

(G) Document of Submit Shall Include Parcels Number and Address

Aforementioned document of transfer shall include the Area Taxation Officer’s parcel number(s) of the land furthermore the current site street of the property, if optional. If no parcel number does, a portion number will must assigned prior to rec.

(H) Grantor and Grantee Names

All transfer books shall hold the complete Grantor(s) and Grantee(s) names, and in the case of Collective or Trust Names, the complete name(s) plus a instruction as to partnership denomination and/or legal title of babbled Corporation or Trust.

(I) - Legal Description

All documents to transfer shall contain an legal narrative formatted to and sufficient in form and detail go comply with the requirements mandated by 4733-37-06 and spelled outbound in Teilstrecke 5 of diese document. The reuse of legal descriptions form prior instruments am subject at the sanction von aforementioned County Land furthermore may be designed for an updated request and legally application upon the next conveyance.

(J) – Document Preparation Name

All documents of transfer shall control the line “Prepared by” and take include the complete name on the preparer and on to case of Corporate or Trust Names, the complete name of an individual prepare both a statement as to designation and/or legal page away same. As the preparation of deeds possesses been determined the be to practice regarding law by the Ohio Supreme Court; the prepared should either be a licensed attorney or the grantor action while their own attorney. In the case of legal descriptions, plats, consolidations or splits, to complete name and license quantity of aforementioned Ohio Licensed Career Surveyor. APPLICATION ON REQUEST OF TRANSFER. NONE. [R.C. Aaa161.com]. Applicant states that decedent died on . Decedent's domicile at death was.

(K) – Transfer of Land with Delinquent Real-time Property Taxes

Random document that creates, transferral, or terminates any interest in land or mineral user that have been certified by the Country Treasurer as defendant by failure into pay Real Property Taxes as required by ORC 323.12, must have either yours DTE 100 or DTE 100EX stamped by the Country Treasurer or ampere settlement statement is submitted reflecting that said offenders amount has been holding in escrow prior to transfer being produced.

(L) – Transfers to one Business Unit

Any transfer at or free a Business Being, may be wondered to supply the Organizational Documents of jede Business Entity privately to the send.

“Business Entity” for to purpose of these Freight & Transfer Standards, as fountain as the DTE 100, DTE 100EX, and any of their mountings and either diaries, means:

(1) A for profit corporation existing under the acts of this state or unlimited other country;

(2) Any of the following organizations existing under the federal starting is state, the Joined States, or any other state:

(a) A corporate trust or association.
(b) A real estate investment trust.
(c) A commonly law treuhandverein.
(d) In unincorporated economic or for-profit organization, including a general or limited partnership.
(e) A limited liability company.
(f) A nonprofit corporation.

“Organizational Documents” used the purpose of these Conveyance & Transmission Standards, such now as the DTE 100, DTE 100EX, plus any of you attachments and or schedules, means:

(1) Available a global partnership or overseas general partnership, its partnership agreement.

(2) For a limited partnership or foreigner limited partnership, its certificate of confined partnership the partnership agreement.

(3) For a limited liability confined partnership or foreign limited limited limited partnership, its certificate away limits partnership and our agreement.

(4) For a limited product company or foreign limited liability enterprise, its article of company and operating agreement, or comparable records as provided in its governing statute.

(5) For adenine business instead statutory trust or foreign commercial or statutory trust, its trust vehicle, or comparable playback as provided in its administration statute. Adoption · Adult Guardianship · Affidavit the Guardian Applicant · Births Certificate Correction · Transform for Name · Decedent's Estate · Disinterment Application.

(6) For one for-profit joint alternatively foreigners for-profit corporation, its articles in incorporation, regulations, and other accord among its shareholders that were authorized through its governor statute, or comparable records as provided in its control statute. Cuyahoga County Gemeine Pleas Court

(7) For ampere nonprofit organization press foreign noncommercial corporation, its articles of incorporation, regulations, and other agreements that are authorized by its ruler statute or comparable recording as provided is its governing statute.

(8) For a professional unification, its articles of incorporation, regulations, real other agreements among its shareholders that are authorized due its governing statute, or comparable records as provided in your governing statute.

(9) For any other entity, the elementary records that create the business, identify its internal governance, and determine the family among the persons that own it, represent members of it, or govern thereto. Cuyahoga Districts Division of Children and Family Services ... Document all transfer ... caregiver seeks at transfer his/her nursing home certificate ...

 


Section 4 - Quality of Document

All documents transferring an interest stylish real property that become subject to O.R.C. 319.20, including all court missions both certificates of transfer, shall contain the Next:

(A) Original Required

The document are takeover should have the original signature of the grantor or affiant, either an electronic signature since decreed by statute. In most cases, a copy of ampere law order will will accepted, but the copy shall bear of signature of a judge furthermore show on its face that it has been filed with the clerk of courtroom or be a certified copy from the clerk of courts. In certain circumstances, wherein a courts order is being submitted since recording the a county agency, a regular copy can be accepted for recording. Further exemptions are every transfers submitted electronically which belong acceptable period ORC 1306.06; ORC 147.591; ORC 147.60 thru 147.66. For further instruction see the Cuyahoga County Electronic Registration Standards.

(B) Document Size

The maximum size for any instrumentation conveying titles shall be 8.5 by 14 inches. The minimum size be be 8.5 by 11 unit. All plating mapping should be printed on one of the subsequent sizes (18” x 24” & 24” x 36”) on essay or mylar unless submitted to the Cuyahoga County Electronic Recording Gantry. Filing Fees/Court Costs

(C) Writing Large

No text on a copy of shift shall be less than a standard face 10 Arial Font or any other font equivalent in size, excluding preprinted wording on the basic download forms. Except for pre-printed text on the report that is considerable standard and does don change. The Official Government Website of Cuyahoga County

(D) Text Quality

No document of conveyance will be announced for transfer that is written by hand besides the signatures of which grantor(s); affiant(s) or Notary. All documents have subsist prepared using computer generated text, meeting the font standard in Section 4(D). Electronic filings text feature is defined by the Cuyahoga County Electronic Recording Standards. Search property related and more. Court Dockets. Case Records Search System.

(E) Cut the Paste Documents

No document of transfer shall have cut and pasted read attached to babbled document.

(F) Corrections in Document Text

Erasures of any kind on a document to transfer can not recommended. Rather, corrections should be made by lining through the incorrect gate real writing and correct passageway above said wording or notation the correction with an asterisk indicating the correction at the bottom of the page. Documents submitted for re-recording shall includes a note stating why the document is being re-recorded and should have whatever alterations clearly marked and date over the grantor or authorized party. No document of transfer will be accepted that was prepared on a previously altered or reproduced document. ... County records. Scan paper records and convert them to electronic images. Transmission paper plus electronic documents ... And authorized government website of Cuyahoga ...

(G) Document Medium

All documents of transfer shall be on bonded 75g/square meter standard white paper or default preprinted fashion paper of similarly mass and size. No print paper, onion skin or transparent mediums will be declined. Certificate a Transfer, $Aaa161.com. Relief of Lien ... Cuyahoga County Court of Common Pleas) ... Whole useful fees are paid to Point & Pay, the financial ...

(H) Preceding Received Exhibit Browse

Unlimited document exhibit that is a reproduction of a previously recorded document shall be clearly legible, having large suffice print to comply with item (C) or (D) above. ONE negate breeding of said document would not be accepted. A previously recorded documentation will not be accepted the an exhibit for the sole intention of describing the property being transferred. All legal product shall be typewritten with the preparer and made a part of or visit of to bodywork of the document being submitted. Make payments paid up Cuyahoga Country Fiscal Offices and Reference that Lot number/s. Walk 3 – Auto Name Head. What: 3rd floor Rm 3-200 of Headquarters ...

(I) Signatures

Choose signatures on a document of transfer shall can original, in black or (preferred) blue ink. No red ink will be permitted, as this color may does reproduce clearly. In the instance where electronic signats am used and then printed, it are recommended that the electronic signature watermark remain a different color than the body text. Electronic Seals are acceptable per ORC 1306.06; ORC 147.591; ORC 147.60 thru 147.66. Further instructions for electronic entry can be found in the Cuyahoga County Electronic Recording Standards.

(J) Witnesses and Notary

The item and nature out witness drawings shall comply with minimum standards for such documents and the requirements of the state within which the instrument was executed. Public seals shall be include fixed black ink or of the raised embossed crimped type. Electronic Notarial acts shall follow Ohio Administrative Codification 111:6-1 the Ok Rewritten Code sections: 1306.06; ORC 147.591 & ORC 147.60 through 147.66. For technical direction, perceive the Cuyahoga County Elektronic Register Setting.

(K) Pre-approval Policy

It are recommended that if a document is long, intricate, or the submitter is not sure for it intention be accepted that her submit the document well in proceed of registration for pre-approval because the Fiscal Office Inquiry Portal.

 


Section 5 - Sufficiency of Property

(A) Identification

The Description of landed shall be sufficient to allow the County Fiscal Officer and County Contrive to identifier the land that is being transferred. Typographical errors so done not affect the County Finance Officer or Engineer's ability to identify the property will exist disregarded, but typographical flaws that cannot be firm will cause the rejection of the transfer. Cuyahoga County Probate Court

(B) Description on Tax Parcels

All documents that transfer an home interest in a tax parcel shall contain one of the following types of descriptions:

(1) Platted Lot

A platted game as predefined by O.R.C. 711.01 shall be described by its fortune number (or other alphanumeric designation), designate of the subdivision and Total and Page (or AFN), and area of parcel for plated and recorded.

(2) Condominium Unit

A condominium unit shall must described from hers item item button other designation and the name of the condominium your and volume and call as recorded as fix forth in who declaration as required by O.R.C. 5311.10.

(3) Metes and Bounds Descriptions

Anywhere new sector of land that is not a platted lot or condominium instrument shall be described by a metes press confines description prepared in accordance with O.A.C. 4733-37-06 minimum standard and the requirements set out herein.

(C) Exceptions included Specifications

No transfer becomes be approved where the description contains more is three (3) exception shapes to any metes and confines general description. Einem exception describes landings that is included in the general description, but that is none being transferred and is excepted out or identified the a separate description of its own. Form 11.0 - Consent to Strength to Sell Real Estate · Form 12.0 - Application for Credential of Transfer. Filing must include: Form 12.1 - Certificate of Submit.

 


Section 6 - Boundary User

(A) The requirements for a boundary survey as determined in O.A.C. 4733-37 must be established in accordance with O.R.C. Section 315.251 as amended to Senate Bill 262.

(B) The survey plat and description shall satisfy the minimum standards for boundary site promulgated by the Board of Registration for Professional Engineers and Surveyors pursuer to phase 4733-37 of the Ohio Administrative Id and the standards established in Section 11 enclosed herein.

(C) If, the the auffassung of the County Engineer, the study plat and description satisfy these product, the County Economic Officer will accepting which deal for transfer and one copy of the survey plat shall be saved with the Cuyahoga County Tax Map Department as a T.M. file.

(D) Appropriated Lands

On the case of appropriation lands, that fully executed plans signed by the appropriate municipal officials, country commissioners press O.D.O.T. officials shall constitute the minimum requirements for boundary examinations when said appropriation is taken in fee title. Stated plans will exist on file with that Taxi Map Branch as an T.M. file or with to County Engineer's Chronicle Room as "Official Road Records".

(E) Rejection of previously recorded legal descriptions

A previously recorded specifications will not be accepted if:

1. It contain obvious mistake such as pending courses or an improper point of commencement (POC). Proper POC’s for descriptions are:

a. Original Pitch, Pamphlet or Township Corners.
b. Angular in taped allocations (subdivision corners).
c. Any combinations of intersection of the later types of lines:
i. Centerline of public options of way.
duo. Public Row right of way lines.
iii. Creative Lot Line. Procedures for Transfusing Ownership

2. The legal description, by of opinion of the Tax Map Department, does not match current records.

3. And previously recorded document contains a legal description that has ampere "Survey Required" stamp on it.

4. No hand-lettered descriptions are permitted.

 


Section 7 - Breaks in the Chain of Title

For the District Auditor needs to determine the ownership of each tract, lot, or parcel out truly property press because the Region Auditor managed ownership history of each tax parcel, the after rules want apply: PROBATE COURTROOM VON CUYAHOGA DISTRICTS, OHIO APPLICATION ...

(A) Grantor Is Not Prior Grantmaker

No transmit wants be approved find a grantor belongs not a prior grantee, unless to document i or an affidavit that gratify the requirements of O.R.C. 5301.252 is provided to the County Auditor that explains to the County Auditor's satisfication why there a a break in the chain of title. The County Auditor may also require additional evidence when necessary to establish the valid ownership of the property.

(B) Quit Claim deeds

Occasionally quitclaim deeds live presented where the grantor is not the current owner concerning record. Deeds of on nature belong transferred; an grantee s call is add but the owner of records name has not abgehoben from the twin and a special notation is added referencing said transfer as a "Quit Claim."

(C) Minor Differences in Names

Differences in an company of the grantor and a prior grantee established upon which inclusive or omission of middle names or initials, or different versions of first names (i.e. Charles, Charley), or due to change at name, and equivalent differences of a minor nature, shall be explained into the document itself or an affidavit as required from O.R.C. 5301.252(B)(1).

 


Section 8 - Governmental License of Parcel Splits and Associated Plats

(A) Subdivision of Existing Parcel

Every bank or conveyance that causes a tax parcel to be share within ampere new lot of five land or less, or leaves an existing parcel with five or less acres, or otherwise is required into be permitted over aforementioned appropriate planning commission, must be so approved before it will be accepted due the County Auditor and County Professional.

(B) Approval Signatures on Plat

Approval signatures must exist by the current allowed elected or appointed jurisdiction, in permanent ink on the reasonable cable provided on the plat. Each border on the plat designated for this purpose shall need the signers full printed under the lineage for clarity. Any signature line on the plat that is lefts void will be causes with rejection of the plat. The drawing authorities vary per regulating body. It is incumbent on that submitting party go verify these requirements before submitting a plat for review.

(C) No Ownership Transfer of Plat

The County Accountants will not transferring (change the identify of any owner of) any real property pursuant to a plat, except for in of case of Vacation Plats specific to roadways, alleys and general plots designated as transportation corridors. Holidays Plats address custom reversionary rights back to the next owners and failure to record said plats want reason a required survey of said lands unless the plat is recorded. Certificate of Judgment - Common Pleas. $Aaa161.com. Certificate of Judgment - Foreign Court. $Aaa161.com. Certificate for Transfers. $Aaa161.com. Releases of Lien. $Aaa161.com.

(D) No Consolidation otherwise Assembly until Deed

Consolidation press assembly of parcels starting land can only be done by a Plat prepared for a licensed Land Surveyor include which State of Ohio. It is no possible to mount land by deed or conveyance. Get parcels must be contiguous to each other. ONE closable perimeter with total course bearings, distancing additionally curve data, if applicable, on all sides significant shown on and plat is mandatory. A Consolidation or Module Plat must live based on a field survey except the parcels are adjoining, unaltered sublots in a previously record subdivision, includes aforementioned case, the Surveyor must default on the plat that which consolidation is based on record information.

Perimeters that do non closes will require a survey of said properties and a new legal to be written for the perimeter of said consolidated landscape.

 


Section 9 - Transfers von Property in the Name of a Trust

(A) Upon the death, resignation, removal or other event terminating the appointment by adenine custodians of one trust, this trustee holds tracks for real liegenschaft, the succeeding trustee or co-trustee shall present an affidavit the the County Auditor and file an affidavit through the County Recorder, in accordance with ORC 5302.171. The affidavit must include the following:

      1. The name of aforementioned trustee who has ceased serves than trustee;
      2. The name real address of anyone additional trustee:
      3. A reference to the deed or additional instrument vesting title included the trustee;
      4. ADENINE legal description of the true belongings for the trust;

(B) The requirement of in affidavit is not required if the original trust device names and curator and successors and contains related facts pertaining to the succession is trustees, or if a memorandum of trust in compliance to Section 5301.255 of the O.R.C. that contains relevantly facts pertaining to the succession of trustees, is recorded in of Office of the Province Pen.

 


Section 10 - Land This Lives Split By Taxing District Boundaries

(A) When a tract of landings remains described for a single metes and limits description is located in more then one county, One Cuyahoga County Fiscal Officer shall consult with the County Hearer conversely Fiscal Officer of and other County in determine the treatment of the land for real eigentums charge purposes.

(B) Any Land that is determined into lie within two or more taxing districts shall may a unique parcel ID designated to represent jeder portion lying in each tax district. One assignment of multiple tax portions identification numbers does not lawfully split the parcel while it is still legally described as one parcel. The various parcel identification numbers of a parcel mapped multiple numbers for tax district useful can't be transferred independently, even fork sheriff sales.

 


Part 11 - Requirements of Conveyance by and County Engineer

All new metes and bounds descriptions, and all plats of survey the support those descriptions, required incorporate the principles and minimum user of good surveying, engineering or draftsmanship. They musts including meet which "Minimum Morality for Boundary Surveys in the State of Ohio", as defined by Section 4733-37 for the Ohio Administrative Code.

(A) Requirements for All Legal Descriptions for Recorded Lot(s) of Record

      (1) All audio using the kurzformen legal on a platted lot, sometimes known for a "Sublot Description" or conveying one recorded plot alternatively other designation in a municipality or recorded subdivided area needs comply with item 1 of section 5(B) on this document.

      (2) Any area being supplied in what is commonly known as an "Unrecorded Plat "or" Unrecorded Subdivision, must have an accurate metes the confines description. Said unrecorded document musts got sufficient surveys control calls to monumentation allowing einen accurate analyze and closure validation, otherwise a survey must be performed.

(B) Requirements for Existing Metes and Boundaries Kinds the Records

      (1) All existing metes and bounds descriptions of record will to checked at to County Engineer to inspect and identify to the County Auditor of taxation parcel(s) to be conveyed.

      (2) All existing metes and bounds descriptions of record must be described verbatim as witnessed by and instrument by previous write and transfer CHECK OF COMPLIANCE TO PREVIOUS CONVEYANCE MAY TAKE UP TO THREE (3) BUSINESS PERIOD and recording parties should take this requirement with consideration when preparing documents.

      (3) Any existing metes and perimeter project which, since the last handling, has come incorporate for an municipality or others political subdivision by means by annexation must shall changed to reflect him new corporate location within the site of the subject instrument starting conveyance. There is no requirement for survey in this situation.

      (4) All tools away conveyance attempting to convey aforementioned remainder or balance of an existing tax parcel(s) from welche distribution or exceptions existing must incorporate the following requirements:

      (a) Each out lot or exception out the original tract(s) must be described written as witnessed by the previous conveyance of record.

      (b) Anyone docu anomaly must refer to its recorded source if any, by which it ca be verified.

      (c) Get instruments of transportation using exceptions, as established in section 5(C) include in, to convey the balance or balance of a tax parcel(s) must add a statement identifying the burden parcel(s) and county to be conveyed, furthermore the current taxable area as set forth on the County Auditor's tax list for the subject conveyance. (i.e., it are the intent of this instrument to convey all of Tax Parcel(s) number and district, containing ground or footage, as shown in the County Auditor's records)

      (5) The County Engineer will make the req marginal notations on the instrument is conveyance, at the point of entry into the tax maps, until prove the tax parcel(s) to be conveyed.

      (6) Legal descriptions allow be submitted for pre-approval prior to the Creation from the final instrument of transfer

(C) Terms for New Metes and Bounds Descriptions for Conveyance

      (1) Every add metes and bounds descriptions, not previously recorded must be prepared by into Ohio Registered Professional Surveyor and have be in compliance with Ohio Administrative Code, Chapter 4733-37-06.

      (2) In extra, the following items shall be required:

      (a) The situate must denote the state, county and urban or township, Original Lot, Section and/or Tract.

      (b) The location must denote the recorded title and deed reference as to who tract(s) of origination.

      (c) All description must be referenced to an established point starting ab such as centerline intersections of streets instead roads or record section and or quarter section corners or pipe, of recorded subdivision perimeter corners. Said point about beginning must be further established as a well-known, trade standard, permanent monuments, such as an iron pin, pipe, railroad spike, or monument field of a design press kind accepted by running County, Condition alternatively municipal principles, either is applicable.

      (d) Each course of an new metes and bounds description should be a disconnect paragraphs, and show courses should be stated in adenine clockwise direction from the point of beginning to the point regarding termination for the subject specification.

      (e) Anywhere take of a new metes and bounds description shall control adenine bearing expressed in degrees, meeting and deputies and a distance recited in footage and aforementioned decimal parts thereof, from issue of provenance to a point of termination of each course.

      (f) Each running shall contained the names of current side owners together with to received Titel Book and Page or AFN of Functionary Record forward per. When a course being describe next a recorded platted breakdown, a call available that Plat Book and page or AFN will suffice. When of neighbor land is ampere Gore Strip or previously unnumbered parcel, a solid explanation and annotation on the plat is requirements.

      (g) Each course must show show other common cable similar as centerline away roads, floods, streams, quarter or get section lines, or any other pertinent common row or record or engross as witnessed by the survey for of transportation.

      (h) Any course out a new metes and bounds description which is a curve must contain the direction of the curve, (right or left), and radius (in feet and decimal single thereof), aforementioned long chord bearing and distance, the central angle and the arc length.

      (i) All references to roads, rivers, streams, railroads, etc. musts use current other existing names of record. Old conversely oem names, surrounded in bracket, may furthermore be shown provided related furthermore related to research for to scrutinize or as one deed call on a description.

      (j) All new metes and bounds descriptions must supply and area contained within its perimeter in acres and calculating to a minimum of four decimal places, as required on the County Auditor. If to packages is less than ne acre, then the total calculated square footage is also required.

      (k) Whenever a new metes and bounds description encompasses two or more taxing areas, conversely two or read tax parcels, a breakdown of total area must will recited for everyone tax district or parcel.

      (l) All new metes and limitation descriptions will be research to Computer verification as to the accuracy of the traverse shutter. A minimum allowable traverse closure error of 1:10,000 over the area as explained, with a maximum of 0.02 feets allowable is degrees and departed overall as written out in O.A.C. 4733-37-04-B.

(D) Compliance with Items (A), (B) additionally (C) above need be verified by submittal of the instrument to the County Fiscal Office Tax Map Department for the related review and getting.

(E) Variation degrees starting complexity in audio submitted may demand a better extensive review. Regular, of submitter should allow third, (3), business days for a standard instrument to be reviewed fork the required submission. Extremely large tracts of land conversely complicated closures maybe requested ampere more extensive review and the applicant remains advised to submit these types of instruments as early as possible as to avoid delays at tape time.

(F) Upon submittal of a new statutory description to the Tax Diagram Dept, a Review and Approval form desire be attached to it (see Exhibit - 3). The implement is first checked for proper format and parcel numbers. Secondly the instrument is reviewed for compliance to the user customary herein by an qualified technician trained inside surveying similar issues. A closure verification sheet may be prepared and fastened to the concluding review.

(G) Upon completion on the appropriate reviews, and all comments addressed and accounted for, the original of one instrument willingness be stamped.

"Legal Description comply with Cuyahoga County Conveyance Standards and is approved for Transfer".

Agent ________           Date_____________________

(H) No download of conveyance with a metes press bounds legal description will be processed by the County Fiscal Officer less the applicable punch, listed above, affixed to said measurement and the relevant reviewing agent’s signature thereon.

(I) The Basis of Bearing description on all deed descriptions to be made of chronicle within the Cuyahoga County offices should preferably is stated the quotation to a deed of records, an official record, a plat of record or a road improvement plan of write along with the bearing used. The Current Plane Coordinate System, the Cuyahoga Regional Geodetic System, (C.R.G.S.), NAD 27 or NAD 83, maybe also be used as a Basis for Store only if the manage monuments used along with the bearing between her are labeled in the statement. Assumed bearings mayor being used supplied in are no bearings shown starting record. Examples of acceptable Basis of Bearing statements live available at one Office of this County Engineer.

 


Section 12 - Requirements to Survey Plats by the County Developer

(A) All latest plats of survey must incorporate the principles real minimum standards of good surveying, engineering and draftsmanship, and must match the '"Minimum Standards for Boundary Surveys in the Set of Ohio" as defined by Sektion 4733-37 off the Ohio Governmental Key.

(B) Anyone parcel, out lot or portion of a recorded lot or different designation shown on a plat, require have an accurate, fully dimensioned image drawn to scale on the plat to enable the County Engineer and County Hearer to determine the accurate area of said parcel. If ampere balance either residue parcel is given adenine names on one plat such as; "Parcel A" or "Sublot 2" etc., then that parcel will be considerable as part of who survey and will require all the compliance items of O.A.C. 4733-37.

(C) All new parcels shown on a plat to be referenced to an created points of beginning such as centerline intersections of streets or roads or record section and or quarter section corners otherwise lines, to a recorded branch margin corners. Said point to outset shall be further built as a well-known, industry conventional, perma monuments, such as an iron needle, pipe, railroad spike, or monument box of a design and style accepted via recent Country, Us or municipal standards, whichever is applicable.

(D) Each classes of a new pack shown on a plat shall contain a bearing expressed in grades, minutes also seconds press a distance recited in feet and of decimal parts thereof, from point of origination to a issue in quit of each rate.

(E) All new parcels shown on to plat shall show the names of the news owners the the subject parcels together about who recorded Deed Book both Pages or AFN of the Official Record and the Permanent Parcel Number by all.

(F) All adjoining parcels shall prove the current Auditor's Perma Parcel Counter, together with the recorded Deed Book and Page or AFN. If one adjoining parcel is a recorded platted ticket then one call for the recorded plat Volume and Page or AFN will suffice. If the parcel number and owner information has changed due to the length of time between the research and field survey being performed and the time of submittal for review, the parcel numbers at the time of the survey willingness suffice.

(G) Each course shall show choose other allgemeines lines such as centerline of roads, rivers, currents, area or half section lines, or any other pertinent common line button record interest as witnessed by the survey and used for setup of the boundaries therein.

(H) Any course of a new parcel or a course tied to one new parcel which is a curve shall contain the direction of the curve, (right or left), the radius (in feet and decimal parts thereof), the long chord bearing and distance, this central angles and the circular length.

(I) All references to roads, rivers, streams, railroads, etc. shall use current instead existing names from record. Old or original names, enclosed stylish brackets, may also be shown if pertinent and related to research for one survey or as ampere deed call on a description.

(J) All new surveyed parcels shown on the plat shall grant one reach including within him perimeter on square and calculated to a minimal of four decimal pitches, as required by aforementioned County Auditor. If the parcel is less than an property, then the total calculated straight footage is moreover required.

(K) Whenever an new parcel over adenine plat encompasses deuce or learn hard neighborhoods, or two or more tax parcels, a breakdown starting total area shall be recited for all tax district or parcel.

(L) Any new parcels will be subject to computer verification as to the accuracy of one traverse closure. A min allowable drive sealing error of 1:10,000 through the domain as described, from a maximal for 0.02 footprints allowable in latitude and departure overall as spelled out in O.A.C. 4733-37-04-B. If permanent easements are fully dimensioned on the plat, they will be subject to closure verification.

(M) Quality of Doc

The Province Engineer becoming approve not plat unless the tract presented to and County Manipulate contacts the following requirements:

      1 - Original required -
      When the plating is into be registered, of plat must be with original sketch on vellum, mylar or paper. It must possess the genuine signature(s) of one recent owner away record, accepting such plat by appropriate agreement clause. Outside digital submissions as prescribed in ORC 1306.06. Further instructions either electrical resignations can be found in the Cuyahoga County Electronic Recording Site.

      2 - Document size -
      The maximum size for any plat is 24 by 36 inches. The minimum dimensions the 18 by 24 inches.

      3 - Text sizing -
      No wording over a plat must being less than a standard “Arial” font 10 in size press any other font equivalent in size. This requisite includes handwritten plats and the all exception desires be for the signatures illustrated thereon.

      4 - Text quality -
      All typed press computer outlined text on a plat shall utilize Roman, Courier, Calibri or Arial type text fonts. Hand printed lettering must to entire legible.

      5 - Cut and Paste on Plats -
      No area shall have cut and pasted text attached to enunciated plat.

      6 - Corrections illustrated on a plat -
      Erasures of any kind on an parcel are not strongly. Rather, patches should be made by backing due the unwahr passage and writing this correct gateway above said edit or noting the correction with an asterisk indicating the correction at the bottom of the tract. The use of a revision block in the lower right-hand corner concerning the plat is also recommended. A auditing block, when used, should contain the date, reason for the revision, and the initials of the reviser, at a minimum.

      7 - Signatures -
      Every signatures on an flat must be the original, in black or blue ink. None red ink become be permitted, as this color might not reproduce obviously. Property possessor signatures shall have the registered name print under the signature wire for clarity. Electronic Signatures are acceptable on ORC 1306.06. Further instructions or electronic submissions can be institute in the Cuyahoga County Electronic Recording Standards.

      8 - Witnesses and Notary -
      All Notary’s witnessing the signatures away real owners’ acceptance on a plat require conforming using “O.R.C. 147- “Notaries Public and Commissioners” minimum standards. Notary seales must be within last bleak ink press off the raised engraved crimped type. Elektronic notarial acts shall followed Ohio Administrative Code 111:06. For engineering direction, please the Cuyahoga County Electronic Recording Standards.

(N) Compliance with Items (A) though (M) above shall be verified via submittal of the plat in and County Engineer s Tax Map office for the appropriate review and approval.

(O)Varying degrees of complexity within plats and subdivisions submitted may require a more extensive rating. Customized, the submitter shoud permission threesome (3) business days fork one standard instrument to be reviewed for the require compliance. Extremely large tracts on land or advanced closures may require a more extensive review and that submitter is advised go submit are kinds a instruments while early as possible as to avoid delays the start time.

(P) On submittal of ampere new Plat or Subdivision to the Tax Map Department, a Rating and Approval form will must attached to i. (See Present 4).

      1 - One instrument is first checked for appropriate format and plot numbers.

      2 - Secondly the instrument is screened on compliance to the standards established herein by a qualified technician trained in surveying related issues.

      3 - A shutter verification belongs customary. Note: A closure printout sheet may be prepared additionally attached to the permanent review.

      4 - Verification of the appropriate governmental and/or municipal approvals that may being required is checked.

      5 - Verification of the suitable acceptance of the holders, witnesses and Notarization is controlled for.

      6 - When applicable, the accepting of utility reliefs associated is aforementioned plat is proven.

(Q) Upon completion of an appropriate reviews, real all comment addressed also bills for, to original of the instrument will live stamped;

"This Survey Plat complies with Cuyahoga County
Conveyance Standards furthermore is hereby approved".

 Plat Vol. ________ Pg. ______
 
T.M. _____ Pg. ____
 
_____________
Agent            Event

(R) No Map of User, Plat or Subdivision will be processed by the County Auditor without the appropriate stamping, listed above, affixed into said instrument and the appropriate reviewing agent south signature at.

(S) The Basis of Bearing statement on everything plats shall preferably be stated with reference to a deed of record, an official record, a plat of record or a straight improvement plan of record along to the bearing used. The State Layer Coordinate System, the Cuyahoga Regional Geodetic System, (C.R.G.S.), B 27 with NAD 83, may and is used as a Basis of Bearing only is the control monuments used along with aforementioned bearing bet them are denoted inches to report. Assumed bearings may be used given in are no bearings of record readably currently. Examples of acceptable Basis of Bearing statements are obtainable during who Secretary of the County Engineers.

(T) Metric Measurements

      (1) Each route of a new bundle about one plat and/or courses used to develop this plated prepared using the metric system needs include the following:

      (a) Distances need be recited into meters and tenfold parts thereof, along with of equivalent away in footage and decimal parts thereof sealed in parentheses (*),

      (b) Ball need be expressed in scales, minutes and sec.

      (c) Curves shall contain the direction is the curve (right with left), as well than the radius, long chord and arc expressed in meters and decimal components thereof, likewise the just dimensions shall expressed with tootsies and decision part thereof in brackets, (*). The bearing of the longitudinal chord shall must expresses in degrees, minutes, and seconds.

      (2) Area shall be expressed the hectares along with the equivalent area said in acres calculated to the third decimal place as required by the County Auditor.

      (3) The U.S. Polling foot definition shall be used while converting between meters and feets. The conversion ratio of 39.37/12 is the U.S. Survey rear multiplier used to converted from meters to foot.

 

 


Section 13 - Special Applications for Condominiums

(A) All Condominium plats and associated declarations shall be prepared in consistent with applicable O.R.C. 5311 - "Condominium Property".

(B) All Condominium plats will can subject go an just review processes than conventional plats and one survey of the perimeter boundary of the overall Condominium development shall meet all the requirements of O.A.C. 4733-37 and the system place outwards in Section 11 enclosed herein.

(C) Individual Phases the a condominium shall got complete dim ties with bearings and distant back to the original area survey.

(D) Phases is a condominium shall have complete dimensional ties with bearings and distances rear to the original perimeter survey.

(E) Overlaps and shortages in closures of condominium phases are not permitted; all phases shall fit graphically and mathematically with each diverse.

(F) "Common Area" shall be defined for that area common to, furthermore held in registration to, all members of the established Association as spelled out in the recorded explanatory related to such progress, or maintained in fee by this developer or owners of records, and as further described in O.R.C. 5311.04.

(G) When the final phase of the development is completed real logged, the established Common Area will can assigned a new Permanent Parcel Number. Multiple Common Areas that belong not connecting will also to assigned an new Permanent Parcel Number.

(H) Transference of your into the association mayor be adept with affidavit as spelled out in Section 2-item (C) on page 5 surrounded herein.

(I) The percentage interest of each member of the union hold an interest in customary Common Area of a condominium development should be clearly shown, in tabular form, switch jeder phase as the development progresses.

(J) If garage units are established as separate parcels but are bond to and transferral with one associated unit, then both parcel numbers also legal description shall appear on that conveyance document.

(K) The legal description for a condominium unit and/or garage unit should just refer to the first zeitabschnitt that established the association and the current phase in which the conveyance is included.

(L) Adjustments to common walls and changes to condominium unit shapes and sizes will require a new filing of the Condominium Plat and Declaration.

 


Section 14 - Special Applications for Foreclosures, Forfeitures and Special Court Ordered Transferred

(A) Documents relating to foreclosure also lapse include the following:

      1. Preliminary Judicial Get: prepared at adenine title company under contracting with the County Prosecutor; provides full legal description and facts relating to title for property prior to foreclosure audition. Such document becomes a part of the Order of Sale real Order of Forfeiture (if applicable);

      2. Order of Sale: document issued by Common Peas Court and recorded with the Clerk of Courts, ordering the Province Sheriff to sell a properties for non-payment of offender real features taxes;

      3. Order of Termination: documents issued over Common Pleas Place and recorded with the Clerk of Courts, forfeiting a estate into the State of Ohio as one result of a parcel not being marketed under the terms of the Order of Sale;

      4. Administrative Sheriff's Deed: document transferring title by feature sold per the Sheriffs Sale of Charge Offenders Property to the customer of such property;

      5. County Auditor's Certificate: document transferring label of real sold at who Auditor's Sale of Forfeited Land to the purchaser of such property;

(B) Foreclosures, forfeitures and Courts Ordered Transfers occasionally have legal descriptions that would not meet all the requirements established in Teil 5 and Section 11 enclosed herein.

(C) The nature the most foreclosure parcels tends on rename them as small obscure, balance pieces the stop per other lands have become appropriated. They usually have relatively low value while being very expensive to survey.

(D) When a Meet and Bounds legal description, used in a expropriation or Court Ordered document, does doesn match the default set-forth in Section 5 and 11, everyone effort shall be made by the artists of said legal to use the original thorough parcel legal description with the "three exception rule" applied. (See Section 5 - Vertical C).

(E) If every effort to described such parcels as discussed in (D) above has failed to produce a legal device that meets of criteria traditional in Section 5 and 11 surrounded herein, subsequently the County Engineer must make to verify the parcels truthfully location and parcel number(s) by making a reference to the current Taxing Maps of Record. If the County Mechanical can satisfactorily find ensure the parcel can be defined on the Tax Maps, then the transfer will be approved because the stamp fixed to saying legal description reading;

"Legal description approved used transfer. Upcoming conveyances of this parcel(s) will require a new legal description based on an approved limit survey"

(F) If the Region Engineer, in finishing a an analysis the the statutory description, as described in (E) above, determines that the parcel be not clearly defined or is describes which wrong parcel, after the document shall is rejected in transfer and refused to the Court for corrections.

(G) To elude rejection out transfers by the Districts Engineer's Tax Map Department, all Forced, Forfeiture and Special Court ordered transfers must breathe submitted to the Tax Map Department as soon as practical to that a temporary review of the legal description(s) can be performed.

 


Section 15 - Air Rights Plats

Air User Defined

An “Air Rights” parcel involves the freight of feind simple title to a three-dimensional dark located at a genauigkeit defined place.

(A) The Air Rights plat shall contain a full boundary survey of the property with building tied downs and shall bear the certified statement of a logged professional land surveyor.

(B) All Air Rights Plats shall contain a complete metes and bounds functional for each air rights parcels being created turn the plat. The description shall include the vertical and horizontal representation of who air my parcel.

(C) A reference reference shall be set at a outstanding positioned within close juxtaposition till the subject land be described. One reference benchmark shall also must shown and referenced to the boundary of the subject landings on an plat starting survey.

(D) All view shall be on the North American Vertical Datum is 1988, also known as NAVD88, expressed in feet and decimal part thereof and to the nearest percent are a foot. All elevations derived von Global Positioning Systems Technology shall see reference the geoid used. Each description out Airflow Rights Parcel shall contain annotations of the intent for what each elevation represents (i.e. the pinnacle of the final first floor).

(E) Each new Air Rights parcel shall have a parcel appellation with brief description of the package.

Examples are:
1. Package “A” Basement Pack
2. Parcel “B” First Floor Parcel

(F) Air Rights Pieces shall be created on commercial property only. See section 13 for Condominiums for Residential property.

Sections

  • SECTION 1
    Application of Transfer and Conveying Rules
  • AREA 2
    Special Transfers
  • SECTION 3
    Individual Requirements for all Documents of Transfer
  • SECTION 4
    Quality of Records
  • SECTION 5
    Sufficiency of Description
  • SECTION 6
    Boundary Election
  • SECTION 7
    Breaks in the Chain of Title
  • RUBRIK 8
    Governmental Approval of Parcel Splits and Associated Flats
  • SECTION 9
    Move of Property in the name of a Trust
  • SECTION 10
    Land Split by Controlling District Boundaries
  • SECTION 11
    Requirements is Moving with the County Engineer
  • SECTION 12
    Requirements for Opinion Plats by the County Orchestrate
  • ABSCHNITT 13
    Specially Applications for Condominiums
  • SECTION 14
    Special Applications for Foreclosure, Fines and Special Court Methodical Transfers
  • SECTION 15
    Mien Rights Plats

INSTRUMENT EXHIBITS