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ELECTRONICALLY FILED
COURT OF COMMON PLEAS
Thursday, May 10, 2012 2:11:52 PM
CASE NUMBER: 2010 CV 06086 Docket ID: 17157778
GREGORY A BRUSH
CLERK OF COURTS MONTGOMERY COUNTY OHIO
COURT OF COMMON PLEAS
MONTGOMERY COUNTY, OHIO
PNC BANK, NATIONAL :
ASSOCIATION, SUCCESSOR TO : CASE NO. 2010 CV 06086
NATIONAL CITY BANK :
: (Judge Adkins)
Plaintiff, :
vs. : MOTION OF PLAINTIFF PNC BANK,
: NATIONAL ASSOCIATION TO
WILLIAM G. MORITZ, JR., et al., : DISBURSE AUCTION PROCEEDS
: AND DISCHARGE LIENS
Defendants. :
Plaintiff PNC Bank, National Association, successor to National City Bank (“PNC”),
moves for an Order directing the disbursement of the proceeds of the auction sale of the real
property that is the subject of this action. In support of this Motion, Plaintiff PNC states the
following:
1. On or about December 22, 2005, William G. Moritz and Nancy L Moritz (the
“Borrowers”), executed a Promissory Note (the “Note”) in favor of PNC in the face amount of
$729,000.00. To secure the Note, the Borrowers executed an Open-End Mortgage (“Mortgage”)
which granted PNC a first security interest in the real estate and improvements commonly
referred to as 8200, 8220, 8236 North Dixie Drive, Dayton, Ohio 45414 (the “Property”).
2. The obligations set forth above were in default and were reduced to judgment by
virtue of a judgment entered on January 19, 2010 (the “Judgment”). This action was filed to
foreclose the mortgage and a Decree of Foreclosure was entered herein on December 13, 2010
(the “Decree”).
3. The Property is an approximately 8.2 acres consisting of four separate parcels of
land upon which sits an approximate 5,350 square foot single-story building, an approximate
3,750 square foot building with an attached greenhouse, several unused buildings and vacant
land.
4. On July 14, 2011, the Court entered an Entry Granting Motion of PNC Bank,
National Association (i) To Appoint Auctioneer And (ii) To Modify The Foreclosure Decree (the
“Auction Order”). In the Auction Order, the Court, among other things, appointed Key
Auctioneers (“Key”) auctioneer to conduct a public auction of the Real Property in which
Plaintiff PNC holds a security interest (the “Auctioned Property”).
5. On March 28, 2012, Key, pursuant to the Auction Order, conducted a duly
advertised and well-attended public auction of the Auctioned Property (the “Auction”). For
purposes of generating the best return, the Auctioned Property was sold in three lots: (1) Tract I
(as described in the attached Exhibit “A”) to Thomas Hentrick (“Hentrick”), with a winning bid
of $231,000.00 for Tract I (including buyer’s premium); (2) (1) Tract II (as described in the
attached Exhibit “B”) to James P. Ping (“Ping”), with a winning bid of $236,500.00 for Tract II
(including buyer’s premium); (3) two greenhouses sold for $1,000.00 pursuant to a bill of sale
(the “Greenhouses”).
6. As required by this Auction Order, Key, on April 3, 2012, filed its Report of
Auction Sale in this action through the undersigned counsel for Plaintiff PNC.
7. On April 6, 2012, the Court entered an Order Confirming Auction Sale (the
“Confirmation Order”) in this action.
8. Key, pursuant to the Confirmation Order, consummated the sale of the Auctioned
Property on April 28, 2012. On that date, pursuant to the Confirmation Order, (a) Hentrick’s
assignee paid the paid the remainder of the sum of $231,000.00 for Tract I to Key, (b) Ping’s
assignee paid the remainder of the sum of $236,500.00 for Tract II to Key; Key transferred title
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to Tract I and Tract II by executing and delivering Quitclaim Deeds to the respective purchasers’
assignees, and, (c) all liens on the Auctioned Property were transferred to and attached to the sale
proceeds of the Auctioned Property.
9. The Confirmation Order provides that the sale proceeds of the Auctioned Property
(the “Auction Proceeds”) are to be disbursed by Key upon further Order of the Court.
10. By this Motion, Plaintiff PNC requests that the Court direct that the Auction
Proceeds be disbursed to the parties to this action according to the relative priorities of their liens
thereon and pursuant to the Court’s prior Orders in this action.
(a) PNC submits that the Auction Proceeds should be disbursed as follows
with respect to Tract I:
FIRST: The costs of this action, $618.40, to the Clerk;
SECOND: The taxes owing on Tract I (parcel no. A01-00307-0070) through the date
of closing in the amount of $17,256.52, to the Treasurer of Montgomery County, Ohio;
THIRD: The balance remaining to PNC, less those fees and costs owing Key.
(b) PNC submits that the Auction Proceeds should be disbursed as follows
with respect to Tract II:
FIRST: The costs of this action, $618.40, to the Clerk;
SECOND: The taxes owing on Tract II:
(a) (parcel no. A01-00307-0071) through the date of closing in the amount of
$15,107.32, to the Treasurer of Montgomery County, Ohio;
(b) (parcel no. A01-00307-0072) through the date of closing in the amount of
$6,976.89, to the Treasurer of Montgomery County, Ohio;
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(c) (parcel no. A01-00307-0073) through the date of closing in the amount of
$8,036.00, to the Treasurer of Montgomery County, Ohio.
THIRD: The balance remaining to PNC, less those fees and costs owing Key.
(c) PNC submits that the Auction Proceeds should be disbursed as follows
with respect to Greenhouses:
FIRST: The balance to PNC, less those fees and costs owing Key.
11. The Confirmation Order provided that all liens on the Auctioned Property were
transferred to and attached to the Auction Proceeds. Accordingly, the Court should direct that all
such liens shall be discharged upon the distribution of the Auction Proceeds.
Wherefore, PNC prays that the Court (i) enter the accompanying Order Directing
Disbursement of Auction Sale Proceeds and Discharge of Liens, (A) directing Key to disburse
the Auction Proceeds on deposit in this action as described in Paragraph 10 of this Motion and
(B) discharging all liens of record on the Auctioned Property, and (ii) granting such further relief
as may be appropriate.
OF COUNSEL: Respectfully submitted,
GRAYDON HEAD & RITCHEY LLP /s/Jeffrey M. Hendricks____________
1900 Fifth Third Center Jeffrey M. Hendricks (0066889)
511 Walnut Street Attorneys for Plaintiff
Cincinnati, OH 45202-3157 GRAYDON HEAD & RITCHEY LLP
Phone: (513) 621-6464 1900 Fifth Third Center
Fax: (513) 651-3836 511 Walnut Street
Cincinnati, OH 45202-3157
Phone: (513) 629-2786
Fax: (513) 651-3836
E-mail: jhendricks@graydon.com
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CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been served by the Court’s electronic filing
system this 8th day of May, 2012, upon the following:
John Paul Rieser Matthew A. Taulbee
7925 Graceland Street Lerner, Sampson & Rothfuss
Dayton, Ohio 45459 PO Box 5480
Attorney for Defendants William G. Moritz, Cincinnati, OH 45201
Nancy L. Moritz, and Moritz Flowers, Inc. Attorney for Defendant MERS
Victor T. Whisman William H. MacBeth
301 West Third Street, 5 th
Floor Murr, Compton, Claypoole & MacBeth
PO Box 972 401 East Stroop Road
Dayton, OH 45422 Kettering, OH 45429
Attorney for Defendant Montgomery County Attorney for Defendants Patricia and Thomas
Hentrick
Engineers Office
George B. Patricoff
Assistant Prosecuting Attorney
5th Floor, 301 West Third Street
Dayton, Ohio 45402
Attorney for Defendant Carolyn Rice,
Treasurer of Montgomery County
/s/Jeffrey M. Hendricks
Jeffrey M. Hendricks (0066889)
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Exhibit A
Situated in Section 27 and Section 34, Town 3, Range 6 East, Butler Township, Montgomery
County, Ohio and being all of the lands of William G. Moritz, Jr. as recorded in Deed Mf 00-
452E09 and being further described as follows:
Beginning at a point found by measuring from a found 1” iron pipe at the southeast corner of Lot
4 of Maxton Road West Subdivision as recorded in Plat Book 100, Page 32, said point being on
the common westerly line of the lands of Harson Investments, Inc. as recorded in Deed Mf 97-
003C11 and R.I. Heritage Inn of Dayton, Inc. as recorded in I.R. Deed 09-054720 and Sam’s
Real Estate Business Tr. as recorded in Deed Mf 99-504E06, along said common westerly line,
South 01°11’47” East, 273.67 feet to a found 5/8” iron pin on the southerly line of the lands of
Wi lliam G. Moritz, Jr. as recorded in Deed Mf 98-058C07 and the true point of beginning;
thence from the true point of beginning thus found, continuing along said common westerly line,
South 01°11’47” East, 370.44 to a found capped iron pin marked Hughes #7965 on the northerly
line of the lands of Fogarty Enterprises as recorded in Mf 98-851E03;
thence leaving said common westerly line, along said northerly line, South 87°03’21” West,
590.03 feet to a found capped iron pin marked R.L.S. #7911 on the easterly right-of-way line of
North Dixie Drive;
thence leaving said northerly line, along said easterly right-of-way line, North 01°13’00” West,
370.44 feet to a found capped iron pin marked Hughes #7965 on the aforementioned southerly
line of the lands of William G. Moritz, Jr. as recorded in Deed Mf 98-058C07;
thence leaving said easterly right-of-way line, along said southerly line, North 87°03’21” East,
590.16 feet to the point of beginning and containing 4.870 acres of land in aforementioned
Section 27 and containing 0.146 acres of land in aforementioned section 34 for a total of 5.016
acres of land and being subject to all restrictions, easements, and right-of-ways of record.
Bearing reference is the easterly right-of-way line of North Dixie Drive (bearing North
01°13’00” West) as recorded in Mf 00-452E09.
All of the above recording references are to the Montgomery County, Ohio records.
The above description was prepared by Todd K. Turner of Tri-State Location Services,
registered surveyor #7684 in the State of Ohio, and based on a survey dated June 15, 2010 and as
filed in the Montgomery County Engineer’s Office Record of Land Surveys, Volume 2010, Page
158.
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Exhibit B
Situated in Section 27, Town 3, Range 6 East, Butler Township, Montgomery County, Ohio and
being all of the lands of William G. Moritz, Jr. as recorded in Deed Mf 00-452E07 and Deed Mf
99-154C03 and being further described as follows:
Beginning at a found 1” iron pipe at the southeast corner of Lot 4 of Maxton Road West
Subdivision as recorded in Plat Book 100, Page 32, said point being on the westerly line of the
lands of Harson Investments, Inc. as recorded in Deed Mf 97-003C11;
thence along said westerly line, South 01°11’47” East, 202.37 feet to a found capped iron pin
marked R.L.S. #7911 on the northerly boundary of the lands of William G. Moritz, Jr. as
recorded in Deed Mf 98-058C07;
thence leaving said westerly line, along said northerly boundary, South 87°03’21” West, 352.56
feet to an existing capped iron pin marked Hughes #7965;
thence South 02°17’00” East, 3.09 feet to a found capped iron pin marked R.L.S. #7911;
thence South 87°03’21” West, 237.68 feet to a found capped iron pin marked R.L.S. #7911 on
the easterly right-of-way line of North Dixie Drive;
thence leaving said northerly boundary, along said easterly right-of-way line, North 01°13’00”
West, 319.24 feet to a found capped iron pin marked R.L.S. #7911 said point being on the
southerly line of the lands of Steven R. and Cythia A. Glaser as recorded in Mf 96-663E07;
thence leaving said easterly right-of-way line, along said southerly line, North 87°46’20” East,
215.73 feet to a found capped iron pin marked R.L.S. #7911 on the westerly line of
aforementioned Maxton Road West Subdivision;
thence leaving said southerly line, along said westerly line, South 01°13’00” East, 106.38 feet to
a found capped iron pin marked R.L.S. #7911 on the southerly line of said subdivision;
thence leaving said westerly line, along said southerly line, North 87°46’20” East, 374.35 feet to
the point of beginning and containing 3.335 acres of land and being subject to all restrictions,
easements, and right-of-ways of record.
Bearing reference is the easterly right-of-way line of North Dixie Drive (bearing North
01°13’00” West) as recorded in Mf 00-452E09.
All of the above recording references are to the Montgomery County, Ohio records.
The above description was prepared by Todd K. Turner of Tri-State Location Services,
registered surveyor #7684 in the State of Ohio, and based on a survey dated June 15, 2010 and as
filed in the Montgomery County Engineer’s Office Record of Land Surveys, Volume 2010, Page
0158.
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ELECTRONICALLY FILED COURT OF COMMON PLEAS Thursday, May 10, 2012 2:11:52 PM CASE NUMBER: 2010 CV 06086 Docket ID: 17157778 GREGORY A BRUSH CLERK OF COURTS MONTGOMERY COUNTY OHIO COURT OF COMMON PLEAS MONTGOMERY COUNTY, OHIO PNC BANK, NATIONAL : ASSOCIATION, SUCCESSOR TO : CASE NO. 2010 CV 06086 NATIONAL CITY BANK : : (Judge Adkins) Plaintiff, : vs. : MOTION OF PLAINTIFF PNC BANK, : NATIONAL ASSOCIATION TO WILLIAM G. MORITZ, JR., et al., : DISBURSE AUCTION PROCEEDS : AND DISCHARGE LIENS Defendants. : Plaintiff PNC Bank, National Association, successor to National City Bank (“PNC”), moves for an Order directing the disbursement of the proceeds of the auction sale of the real property that is the subject of this action. In support of this Motion, Plaintiff PNC states the following: 1. On or about December 22, 2005, William G. Moritz and Nancy L Moritz (the “Borrowers”), executed a Promissory Note (the “Note”) in favor of PNC in the face amount of $729,000.00. To secure the Note, the Borrowers executed an Open-End Mortgage (“Mortgage”) which granted PNC a first security interest in the real estate and improvements commonly referred to as 8200, 8220, 8236 North Dixie Drive, Dayton, Ohio 45414 (the “Property”). 2. The obligations set forth above were in default and were reduced to judgment by virtue of a judgment entered on January 19, 2010 (the “Judgment”). This action was filed to foreclose the mortgage and a Decree of Foreclosure was entered herein on December 13, 2010 (the “Decree”). 3. The Property is an approximately 8.2 acres consisting of four separate parcels of land upon which sits an approximate 5,350 square foot single-story building, an approximate 3,750 square foot building with an attached greenhouse, several unused buildings and vacant land. 4. On July 14, 2011, the Court entered an Entry Granting Motion of PNC Bank, National Association (i) To Appoint Auctioneer And (ii) To Modify The Foreclosure Decree (the “Auction Order”). In the Auction Order, the Court, among other things, appointed Key Auctioneers (“Key”) auctioneer to conduct a public auction of the Real Property in which Plaintiff PNC holds a security interest (the “Auctioned Property”). 5. On March 28, 2012, Key, pursuant to the Auction Order, conducted a duly advertised and well-attended public auction of the Auctioned Property (the “Auction”). For purposes of generating the best return, the Auctioned Property was sold in three lots: (1) Tract I (as described in the attached Exhibit “A”) to Thomas Hentrick (“Hentrick”), with a winning bid of $231,000.00 for Tract I (including buyer’s premium); (2) (1) Tract II (as described in the attached Exhibit “B”) to James P. Ping (“Ping”), with a winning bid of $236,500.00 for Tract II (including buyer’s premium); (3) two greenhouses sold for $1,000.00 pursuant to a bill of sale (the “Greenhouses”). 6. As required by this Auction Order, Key, on April 3, 2012, filed its Report of Auction Sale in this action through the undersigned counsel for Plaintiff PNC. 7. On April 6, 2012, the Court entered an Order Confirming Auction Sale (the “Confirmation Order”) in this action. 8. Key, pursuant to the Confirmation Order, consummated the sale of the Auctioned Property on April 28, 2012. On that date, pursuant to the Confirmation Order, (a) Hentrick’s assignee paid the paid the remainder of the sum of $231,000.00 for Tract I to Key, (b) Ping’s assignee paid the remainder of the sum of $236,500.00 for Tract II to Key; Key transferred title 2 to Tract I and Tract II by executing and delivering Quitclaim Deeds to the respective purchasers’ assignees, and, (c) all liens on the Auctioned Property were transferred to and attached to the sale proceeds of the Auctioned Property. 9. The Confirmation Order provides that the sale proceeds of the Auctioned Property (the “Auction Proceeds”) are to be disbursed by Key upon further Order of the Court. 10. By this Motion, Plaintiff PNC requests that the Court direct that the Auction Proceeds be disbursed to the parties to this action according to the relative priorities of their liens thereon and pursuant to the Court’s prior Orders in this action. (a) PNC submits that the Auction Proceeds should be disbursed as follows with respect to Tract I: FIRST: The costs of this action, $618.40, to the Clerk; SECOND: The taxes owing on Tract I (parcel no. A01-00307-0070) through the date of closing in the amount of $17,256.52, to the Treasurer of Montgomery County, Ohio; THIRD: The balance remaining to PNC, less those fees and costs owing Key. (b) PNC submits that the Auction Proceeds should be disbursed as follows with respect to Tract II: FIRST: The costs of this action, $618.40, to the Clerk; SECOND: The taxes owing on Tract II: (a) (parcel no. A01-00307-0071) through the date of closing in the amount of $15,107.32, to the Treasurer of Montgomery County, Ohio; (b) (parcel no. A01-00307-0072) through the date of closing in the amount of $6,976.89, to the Treasurer of Montgomery County, Ohio; 3 (c) (parcel no. A01-00307-0073) through the date of closing in the amount of $8,036.00, to the Treasurer of Montgomery County, Ohio. THIRD: The balance remaining to PNC, less those fees and costs owing Key. (c) PNC submits that the Auction Proceeds should be disbursed as follows with respect to Greenhouses: FIRST: The balance to PNC, less those fees and costs owing Key. 11. The Confirmation Order provided that all liens on the Auctioned Property were transferred to and attached to the Auction Proceeds. Accordingly, the Court should direct that all such liens shall be discharged upon the distribution of the Auction Proceeds. Wherefore, PNC prays that the Court (i) enter the accompanying Order Directing Disbursement of Auction Sale Proceeds and Discharge of Liens, (A) directing Key to disburse the Auction Proceeds on deposit in this action as described in Paragraph 10 of this Motion and (B) discharging all liens of record on the Auctioned Property, and (ii) granting such further relief as may be appropriate. OF COUNSEL: Respectfully submitted, GRAYDON HEAD & RITCHEY LLP /s/Jeffrey M. Hendricks____________ 1900 Fifth Third Center Jeffrey M. Hendricks (0066889) 511 Walnut Street Attorneys for Plaintiff Cincinnati, OH 45202-3157 GRAYDON HEAD & RITCHEY LLP Phone: (513) 621-6464 1900 Fifth Third Center Fax: (513) 651-3836 511 Walnut Street Cincinnati, OH 45202-3157 Phone: (513) 629-2786 Fax: (513) 651-3836 E-mail: jhendricks@graydon.com 4 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been served by the Court’s electronic filing system this 8th day of May, 2012, upon the following: John Paul Rieser Matthew A. Taulbee 7925 Graceland Street Lerner, Sampson & Rothfuss Dayton, Ohio 45459 PO Box 5480 Attorney for Defendants William G. Moritz, Cincinnati, OH 45201 Nancy L. Moritz, and Moritz Flowers, Inc. Attorney for Defendant MERS Victor T. Whisman William H. MacBeth 301 West Third Street, 5 th Floor Murr, Compton, Claypoole & MacBeth PO Box 972 401 East Stroop Road Dayton, OH 45422 Kettering, OH 45429 Attorney for Defendant Montgomery County Attorney for Defendants Patricia and Thomas Hentrick Engineers Office George B. Patricoff Assistant Prosecuting Attorney 5th Floor, 301 West Third Street Dayton, Ohio 45402 Attorney for Defendant Carolyn Rice, Treasurer of Montgomery County /s/Jeffrey M. Hendricks Jeffrey M. Hendricks (0066889) 5 Exhibit A Situated in Section 27 and Section 34, Town 3, Range 6 East, Butler Township, Montgomery County, Ohio and being all of the lands of William G. Moritz, Jr. as recorded in Deed Mf 00- 452E09 and being further described as follows: Beginning at a point found by measuring from a found 1” iron pipe at the southeast corner of Lot 4 of Maxton Road West Subdivision as recorded in Plat Book 100, Page 32, said point being on the common westerly line of the lands of Harson Investments, Inc. as recorded in Deed Mf 97- 003C11 and R.I. Heritage Inn of Dayton, Inc. as recorded in I.R. Deed 09-054720 and Sam’s Real Estate Business Tr. as recorded in Deed Mf 99-504E06, along said common westerly line, South 01°11’47” East, 273.67 feet to a found 5/8” iron pin on the southerly line of the lands of Wi lliam G. Moritz, Jr. as recorded in Deed Mf 98-058C07 and the true point of beginning; thence from the true point of beginning thus found, continuing along said common westerly line, South 01°11’47” East, 370.44 to a found capped iron pin marked Hughes #7965 on the northerly line of the lands of Fogarty Enterprises as recorded in Mf 98-851E03; thence leaving said common westerly line, along said northerly line, South 87°03’21” West, 590.03 feet to a found capped iron pin marked R.L.S. #7911 on the easterly right-of-way line of North Dixie Drive; thence leaving said northerly line, along said easterly right-of-way line, North 01°13’00” West, 370.44 feet to a found capped iron pin marked Hughes #7965 on the aforementioned southerly line of the lands of William G. Moritz, Jr. as recorded in Deed Mf 98-058C07; thence leaving said easterly right-of-way line, along said southerly line, North 87°03’21” East, 590.16 feet to the point of beginning and containing 4.870 acres of land in aforementioned Section 27 and containing 0.146 acres of land in aforementioned section 34 for a total of 5.016 acres of land and being subject to all restrictions, easements, and right-of-ways of record. Bearing reference is the easterly right-of-way line of North Dixie Drive (bearing North 01°13’00” West) as recorded in Mf 00-452E09. All of the above recording references are to the Montgomery County, Ohio records. The above description was prepared by Todd K. Turner of Tri-State Location Services, registered surveyor #7684 in the State of Ohio, and based on a survey dated June 15, 2010 and as filed in the Montgomery County Engineer’s Office Record of Land Surveys, Volume 2010, Page 158. 6 Exhibit B Situated in Section 27, Town 3, Range 6 East, Butler Township, Montgomery County, Ohio and being all of the lands of William G. Moritz, Jr. as recorded in Deed Mf 00-452E07 and Deed Mf 99-154C03 and being further described as follows: Beginning at a found 1” iron pipe at the southeast corner of Lot 4 of Maxton Road West Subdivision as recorded in Plat Book 100, Page 32, said point being on the westerly line of the lands of Harson Investments, Inc. as recorded in Deed Mf 97-003C11; thence along said westerly line, South 01°11’47” East, 202.37 feet to a found capped iron pin marked R.L.S. #7911 on the northerly boundary of the lands of William G. Moritz, Jr. as recorded in Deed Mf 98-058C07; thence leaving said westerly line, along said northerly boundary, South 87°03’21” West, 352.56 feet to an existing capped iron pin marked Hughes #7965; thence South 02°17’00” East, 3.09 feet to a found capped iron pin marked R.L.S. #7911; thence South 87°03’21” West, 237.68 feet to a found capped iron pin marked R.L.S. #7911 on the easterly right-of-way line of North Dixie Drive; thence leaving said northerly boundary, along said easterly right-of-way line, North 01°13’00” West, 319.24 feet to a found capped iron pin marked R.L.S. #7911 said point being on the southerly line of the lands of Steven R. and Cythia A. Glaser as recorded in Mf 96-663E07; thence leaving said easterly right-of-way line, along said southerly line, North 87°46’20” East, 215.73 feet to a found capped iron pin marked R.L.S. #7911 on the westerly line of aforementioned Maxton Road West Subdivision; thence leaving said southerly line, along said westerly line, South 01°13’00” East, 106.38 feet to a found capped iron pin marked R.L.S. #7911 on the southerly line of said subdivision; thence leaving said westerly line, along said southerly line, North 87°46’20” East, 374.35 feet to the point of beginning and containing 3.335 acres of land and being subject to all restrictions, easements, and right-of-ways of record. Bearing reference is the easterly right-of-way line of North Dixie Drive (bearing North 01°13’00” West) as recorded in Mf 00-452E09. All of the above recording references are to the Montgomery County, Ohio records. The above description was prepared by Todd K. Turner of Tri-State Location Services, registered surveyor #7684 in the State of Ohio, and based on a survey dated June 15, 2010 and as filed in the Montgomery County Engineer’s Office Record of Land Surveys, Volume 2010, Page 0158. 7