It is the desire of Ottawa County to provide a service for the public to insure proper and accurate descriptions of property, to correct any errors that are evident, and ensure that the property is accurately described for tax purposes.
It is the intent of these requirements to provide a standard method of checking legal descriptions for deeds, easements, affidavits, and other instruments that require the use of land descriptions. ( O.R.C. 319.203 )
It should be understood that all situations could not be covered by these requirements. If one of these situations arise they will be handled as a special case, and interpreted by the Ottawa County Engineer's Office at that time.
Any person, title company, etc., wishing to transfer and/or record any instruments of conveyance, and any surveyors and/or authors of any legal descriptions, are encouraged to have descriptions checked by the Ottawa County Engineer’s Office, a minimum of seven (7) business days prior to the actual time of closing. This will avoid delays and allow time for any corrections that may be necessary.
This review process DOES NOT insure clear title to a certain piece of property, but does assure that the legal description meets the “Minimum Standard for Boundary Surveys in the State of Ohio”, as described in Chapter 4733-37 of the Administrative Code.
The Ottawa County Engineer's Office and/or the Ottawa County Auditor’s Office, reserve the right, at any time, to update these guidelines to better serve all the parties involved. Update notifications will be posted in the Ottawa County Engineer's Office and the Ottawa County Auditor’s Office. Copies of the updates will be available from each office.
The Ottawa County Engineer’s Office and/or the Ottawa County Auditor’s Office bear no liability for any title problems that the reviewed descriptions may cause.
The Ottawa County Auditor’s Office and the Ottawa County Engineer’s Office are each able to review specific types of legal descriptions. The list below is organized to assist you in deciding which entity should review your description:
To the Ottawa County Auditor’s Office: Recorded Lots in a subdivision and Existing Legal Descriptions (of record)
If the Ottawa County Auditor’s Office deems a description too vague, or cannot locate the parcel by description, then the description will be reviewed by the Ottawa County Engineer's Office and subject to its recommendations.
To the Ottawa County Engineer's Office: Splits of Recorded Lots in a subdivision, New Metes & Bounds Descriptions, Acreage Changes, Easements (if a review is desired), Roads / Streets / Alleys (vacations & dedications) and Land Contracts
This stamp indicates that the description conforms to the “Minimum Standard for Boundary Surveys in the State of Ohio”, per Chapter 4733-37 of the Administrative Code. (This is used for all new metes and bounds legal descriptions written after May 1,1980.)
This stamp indicates that the description does not conform to the “Minimum Standard for Boundary Surveys in the State of Ohio”, per chapter 4733-37 of the Administrative Code, but accurately describes the parcel in question. A new description may be suggested for the next transfer. (This is for all existing metes and bounds legal descriptions written prior to May 1, 1980, and any description written after, that may be deficient of requirements in Chapter 4733-37 of the Administrative Code).
This stamp may allow the parcel to be transferred on the description for the last time, with a new survey description needed for the next transfer. (This is only used for Court Ordered Transfers and transfers within a family where no fee is required). A new description will be required for the next conveyed transfer.
All stamps will contain the date of approval along with the reviewing surveyor’s initials.
*Note: An Engineer’s stamp on a description does not necessarily mean that the Auditor’s office will transfer a parcel. The employees of the Auditor’s office must be able to locate the parcel before it is transferred.
All splits of ten (10.000) acres or less, will be reviewed through the Administrative Approval Process, as designated by the Ottawa Regional Planning Commission. Subdivisions will be reviewed through the Planning Commissions subdivision review process.
All new metes and bounds descriptions must be accompanied by one (1) plat of survey that shall conform to Chapter 4733-37-05 of the Administrative Code.
Descriptions other than metes and bounds may be acceptable if they properly describe the parcel. (I.e. Being the Westerly 100 feet of the NW ¼ of the NW ¼ , et cetera.)
Any author shall prepare a scale drawing of every new metes and bounds description he or she originated, and provide a copy to the Ottawa County Engineer's Office, on a minimum sheet size of 8 ½” by 11”. The plat of survey must conform to Chapter 4733-37-05 of the Administrative Code. The survey plat must contain the surveyor’s professional seal. The survey plat must also contain the surveyor’s original signature and the date in blue ink only.
Review of descriptions for easements is not a requirement before recording. However, it is in the best interest of the grantor and grantee to have them checked so the parties involved may be advised as to any problems that may be present. The following guidelines are suggested:
Whenever a probable error is discovered in the area of a parcel(s) of land, as shown on the Ottawa County Auditor’s current tax rolls, it shall be necessary for the Ottawa County Engineer's Office to be presented with a signed and sealed plat prepared by a Registered Surveyor prior to certification of the change being made. The Ottawa County Auditor will accept only such changes, in documented form from the Ottawa County Engineer's Office or appropriate court.
To properly serve the needs of the Ottawa County Auditor’s Office, concerning the keeping of accurate tax base records, the Ottawa County Engineer's Office, must be informed of all vacations and/or dedications of any road, street or alley, by the responsible government agency.
Only vacations and/or dedications submitted in the form of metes and bounds descriptions and plats will be accepted by the Ottawa County Engineer's Office for checking. All descriptions and plats must conform to Chapter 4733-37 of the Administrative Code.
NOTE: Dedication of a road, street or alley, for public use does not constitute acceptance of same for maintenance by any government body. Roads streets, or alleys must first be constructed to the applicable standards of the government body involved before they are formally accepted for maintenance.
Land Contracts prior to 3/19/93, Death Certificates, Certificates of Transfer, Sheriff Deeds, Auditor Deeds and Court Orders, when necessary, will be stamped “NEW SURVEY REQUIRED NEXT TRANSFER”.