Notice of Intent to Declare Mineral Interest Abandoned

Notice of Intent to Declare Mineral Interest Abandoned Holder of the Mineral Interest:Margaret Murray, and/or Margaret Murray Paisley, and/or Margaret A. Murray Paisley, and/or Margaret A. Paisley and/or Margaret Ann Strahl Paisley and John O. Paisley, and their identified heirs John Strahl Paisley and Robert James Paisley, and any of John Strahl Paisley's unknown heirs or assignees; their identified heirs Thomas L. Paisley, Matthew Paisley, Jean French, M. Roberta Miller, and Mary Ellen Lee and in addition to any unknown heirs or assignees of themselves or Robert M. Paisley; their identified heirs Jean M. French, Shana J. Pouge, Ian Lindke, Evelyn McClearen, Carrie Morris, Amy L. McClearen and Sean P. French and any of their unknown heirs or assignee; and any unknown heirs, or assignees of Margaret Murray, and/or Margaret Murray Paisley, and/or Margaret A. Murray Paisley, and/or Margaret A. Paisley and/or Margaret Ann Strahl Paisley and John O. Paisley (collectively, the "Holder"), having obtained title to the mineral interest by deed recorded on March 26th, 1913, in Volume 110, Page 148, (the "Severance Deed") of the Deed Records of the Office of the Recorder, Guernsey County, Ohio (the "Mineral Interest"). Description of Surface of Lands Subject to the Mineral Interest:David Warner and Ronald G. Warner, are the owners of the surface parcels identified as Tax Parcel No. 11-0000940.016(the "Tract One") and Tax Parcel No. 17-00000940.022(the "Tract Two"); Tract One containing 3.25 acres, more or less, being part of the Northwest quarter Section 13, Township 1, Range 3 of Jackson Township, Guernsey County, Ohio, being described in a Warranty Deed dated July 22nd, 2005 and recorded on August 5th 2005 in Volume 431, Page 3342 of the Official Record of the Office of the Recorder, Guernsey County, Ohio which transferred the property to the aforementioned surface owners in addition to Steve Warner; Tract Two containing 9.8325 acres, more or less, being part of the Northwest quarter of Section 13, Township 1, Range 3, Jackson Township, Guernsey County, Ohio, being described in a Warranty Deed dated March 25th, 2005, and recorded on March 28th 2005, in Volume 431, Page 3342 of the Official Record of the Office of the Recorder, Guernsey County, Ohio. Description of the Mineral Interest to be Abandoned: Minerals and attendant rights (excepting coal and attendant coal rights) as reserved by Margaret Murray, Margaret A. Murray Paisley, Margaret A. Paisley, Margaret Ann Strahl Paisley, and John O. Paisley in their Warranty Deed dated March 18th, 1913, and recorded on March 26th, 1913, in Volume 110, Page 148, of the Deed Records of the Office of the Recorder, Guernsey County, Ohio (the "Mineral Interest"). Specifically, the reservation: "RESERVING AND EXCEPTING from the above described premises, all the coal and seams of coal, oil and gas, and all the pottery clay in proximity to the coal; together with all necessary or convenient rights of way on the surface and under it for the purpose of approaching, mining, removing and transporting said coal, and also the coal under other lands, and to at pleasure place, maintain, remove and replace on the surface or under it all fixtures, structures, machinery, and appliances deemed necessary to the operation of the mines, and to do all things required to air and drain the workings through the surface of said lands, and to erect and maintain on the surface poles and wires for electrical power, and also the right to remove all of said coal with or without leaving support to the surface of said lands, excepting in two acres under the buildings, in a square form, the dwelling house to be in the center, in which pillars or ribs shall be left for support. And also the right to buy and acquire a like conveyance not to exceed ten (10) acres of surface, exclusive of buildings at $100.00 per acre, and pay at the rate of $100 per acre for the surface actually used in the firing and removing of said coal. ALSO the right to explore, take and carry away over the surface, all the oil and gas produced, thereon and for all pipe lines and buildings necessary for that purpose, and excepting from said grant, all rights of way here to for granted to the National Coal Company, The C. & K. Railway Company, The Ohio Fuel Supply Company, The Cambridge Light and Fuel Company, telephone right and any and all right of way heretofore granted over and across said premises, and all the estate title and interest of the said grantors." Statement by the Surface Owner:David Warner and Ronald G. Warner, the owners of the surface of the lands subject to the mineral interest for Tract One and Tract Two and Steve Warner who has an interest in Tract One(the "Surface Owners"), states that none of the occurrences, conditions, or facts specified in Ohio Revised Code Section 5301.56, Division (B)(3) has occurred or existed within the twenty (20) years immediately preceding the date on which this notice was served or published. Division(B) of Ohio Revised Code Section 5301.56 is quoted in full below Surface Owner's Statement of Intent. Statement of Intent of the Surface Owner: It is the intention of the Surface Owners of the lands subject to the Mineral Interest described, to file in the Office of the Recorder, Guernsey County, Ohio, an Affidavit of Abandonment at least thirty (30), but not later than sixty (60) days after the date on which this notice is served or published, as applicable. Division (B) of Ohio Revised Code Section 5301.56 states as follows: (B) Any mineral interest held by any person, other than the owner of the surface of the lands subject to the interest, shall be deemed abandoned and vested in the owner of the surface of the lands subject to the interest if the requirements established in division (E) of this section are satisfied and none of the following applies:(1) The mineral interest is in coal, or in mining or other rights pertinent to or exercisable in connection with an interest in coal, as described in division (E) of section 5301.53 of the Revised Code. However, if a mineral interest includes both coal and other minerals that are not coal, the mineral interests that are not in coal may be deemed abandoned and vest in the owner of the surface of the lands subject to the interest.(2) The mineral interest is held by the United States, this state, or any political subdivision, body politic, or agency of the United States or this state, as described in division (G) of section 5301.53 of the Revised Code. (3) Within the twenty years immediately preceding the date on which notice is served or published under division (E) of this section, one or more of the following has occurred:(a) The mineral interest has 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 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 been used in underground gas storage operations by the holder.(d) A drilling or mining permit has 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 been filed in accordance with division (C) of this section.(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. Publication Dates LWOO0551086