NOTICE OF INTENT TO DECLARE MINERAL INTERESTS ABANDONED
To: The unknown heirs, devisees, successors, and assigns of John V. Ferguson and Jennie E. Ferguson, Mary Gibson, Freda Christine Yunk, Margaret Tompkins, Emory Ferguson, John H. Ferguson, James Ferguson c/o Mary Gregg, Lane Tysinger, Ross V. Ferguson, Mary Alice Ferguson, John Hayes Ferguson, James Vincent Ferguson, Charlene Allen aka Mary C. Ferguson, and their unknown heirs, devisees, successors, and assigns:
Vincent E. Mervar and Stephanie S. Mervar, the owners(s) of the surface property as recorded in Official Records Volume 305, Page 357 of the Guernsey County Recorder's Office, consisting of 8.187 acres, more or less, and described as follows:
Situated in the Township of Jackson, County of Guernsey, and State of Ohio, and
being a parcel of land in the northwest quarter of Fraction Section 13, Township 1 N, Range 3W of the "United States Military District" and being more particularly described as follows:
Commencing at an iron pin found capped CLAUS 6456 at the southwest corner of the northwest quarter of the northwest quarter of Fraction Section 13, the BEGINNING;
thence N28°14'30"E with a new division line through the land of Buckey Land
Corporation as recorded in Official Records Book 121, Page 1021 a distance of 720.00 feet to an iron pin set; thence with the south line of a fifty feet wide nonexclusive right-ofway created by the grantor the following six courses:
[1] S67°02'00"E a distance of 64.70 feet to a point;
[2] S65°21'45"E a distance of 101.58 feet to a point;
[3] S53°10'15"E a distance of 75.25 feet to a point;
[4] S52°25'57"E a distance of 102.17 feet to a point;
[5] S69°04'00"E a distance of 86.27 feet to a point;
[6] S75°00'00"E a distance of 104.76 feet to an iron pin set;
thence S02°08'45"W with another new division line through the land of said Buckey Land Corporation a distance of 426.70 feet to an iron pin set; thence N88°12'23"W with the quarter-quartersection line and the land of Dominic Costanzo, et al as recorded in Deed Volume 307, Page 734 a distance of 800.00 feet to an iron pin set; the point of beginning, containing 8.187 acres.
Subject to all leases, casements, rights-of-way, and restrictions of public records, if any.
A survey of this description was made during the month of May in the year 2000 by Charles W. Hunnell, Registered Land Surveyor #6889. All iron pins set are 5/8" X 30" rebar with orange plastic caps labeled HUNNELL 6889. Reference bearing of
N88°12'23"W on the south line of the northwest quarter of the northwest quarter of Section 13 is assumed for angle calculations.
Vincent E. Mervar and Stephanie S. Mervar hereby state that notice has been served by certified mail, return receipt requested, on the following successors to said severed mineral interest: David Allen, by certified mail, return receipt requested on January 23, 2026; and Ronald J. Ferguson, by certified mail, return receipt requested on January 27, 2026. The time for them to claim preservation has passed and Vincent E. Mervar and Stephanie S. Mervar recorded an Affidavit of Abandonment on March 23, 2026 at OR 610, page 5734. Service of notice by certified mail, return receipt requested, could not be completed to Mary Gibson, Freda Christine Yunk, Margaret Tompkins, Emory Ferguson, John H. Ferguson, James Ferguson c/o Mary Gregg, Lane Tysinger, Ross V. Ferguson, Mary Alice Ferguson, John Hayes Ferguson, James Vincent Ferguson, or Charlene Allen aka Mary C. Ferguson.
Vincent E. Mervar and Stephanie S. Mervar hereby serve notice to the unknown heirs, devisees, successors, and assigns John V. Ferguson and Jennie E. Ferguson, Mary Gibson, Freda Christine Yunk, Margaret Tompkins, Emory Ferguson, John H. Ferguson, James Ferguson c/o Mary Gregg, Lane Tysinger, Ross V. Ferguson, Mary Alice Ferguson, John Hayes Ferguson, James Vincent Ferguson, Charlene Allen aka Mary C. Ferguson, and their unknown heirs, devisees, successors, and assigns that they intend to declare as abandoned the mineral interests, including pottery clay and excluding any interest in coal (pursuant to O.R.C. 5301.56(B)(1)), that may have been reserved by John V. Ferguson and Jennie E. Ferguson in the Deed Book 130, Page 314, and now owned by you as a holder or holder's successor or assignee (in the event it is not a repetition of the reservation made by Margaret Murray, Margaret A. Paisely, and John O. Paisley in the Deed dated March 1913 and recorded on March 26, 1913 at Guernsey County Deed Book 100, Page 148) in the aforementioned property, pursuant to Ohio Revised Code Section 5301.56.
The mineral interest, excluding coal, has been abandoned because the mineral interest is not in coal (O.R.C. 5301.56(B)(1)); the mineral interest is not held by the United States, this state, or any political subdivision, body politic, or agency of the United States or this state; and within the twenty (20) years immediately preceding the date on which this notice is served:
(a) The mineral interest has not been the subject of a title transaction that has been filed or recorded in the office of the county recorder of the county in which the lands are located.
(b) There has not been actual production or withdrawal of minerals by the holder from the lands, from lands covered by a lease to which the mineral interest is subject, from a mine a portion of which is located beneath the lands, or, in the case of oil or gas, from lands pooled, unitized, or included in unit operations, under sections 1509.26 to 1509.28 of the Revised Code, in which the mineral interest is participating, provided that the instrument or order creating or providing for the pooling or unitization of oil or gas interests has been filed or recorded in the office of the county recorder of the county in which the lands that are subject to the pooling or unitization are located.
(c) The mineral interest has not been used in underground gas storage operations by the holder.
(d) A drilling or mining permit has not been issued to the holder, provided that an affidavit that states the name of the permit holder, the permit number, the type of permit, and a legal description of the lands affected by the permit has been filed or recorded, in accordance with section 5301.252 of the Revised Code, in the office of the county recorder of the county in which the lands are located.
(e) A claim to preserve the mineral interest has not been filed.
(f) In the case of a separated mineral interest, a separately listed tax parcel number has been created for the mineral interest in the county auditor's tax list and the county treasurer's duplicate tax list in the county in which the lands are located
Vincent E. Mervar and Stephanie S. Mervar intend to file for record an Affidavit of Abandonment pursuant to O.R.C. § 5301.56 with the county recorder of the aforementioned county at least thirty (30), but no later than sixty (60) days from the date of service of this notice.
Katherine M.K. Kimble (0097250)
Knight Miller Law, Ltd.
120 South Main Street
Cadiz, OH 43907
kk@knightmillerlaw.com
740-320-4044
June 2 2026
LWOO0528493