LOCATION: east side of Abbeyville Rd. (CR-47); located between the Zion Lutheran Church and the Zion Lutheran Church Cemetery
CURRENT OWNER: Zion Evangelical Lutheran Church of Liverpool Twp.
SIZE: 1 acre
ESTIMATED NUMBER OF BURIALS:
EARLIEST KNOWN BURIAL:
MOST RECENT KNOWN BURIAL:
PERMANENT PARCEL #: 025-01D-24-044 (of surrounding property)
ORIGINAL LOT#: Section 24, Lot 2
TOWNSHIP, RANGE: T4N: R15W
As stated in Volume 120, page 411 of the Medina County Land Records, one acre was deeded on November 9, 1926:
DEED OF TRUST
Joseph Schrembs, Bishop
William Gayer, et al, Trustees
KNOW ALL MEN BY THESE PRESENTS, That, Joseph Schrembs (Bishop of Cleveland, Ohio), in consideration of One Dollar ($1.00), to him paid by William Gayer, E.A. Gunkelman, Otto Morlock, Edward Steingass and Ernest Gunkelman, as Trustees of The Evangelical Lutheran Zions Church, situated in Liverpool Township, Medina County, Ohio, the receipt of which is hereby acknowledged, and for other good and valuable consideration does hereby grant, bargain, sell and convey unto the said William Gayer, E.A. Gunkelman, Otto Morlock, Edward Steingass, and Ernest Gunkelman, Grantees, as Trustees of The Evangelical Lutheran Zions Church, Liverpool Township, Medina County, Ohio, their assigns and successors in trust, the following described real estate:
Situated in the Township of Liverpool, County of Medina and State of Ohio, and bounded and described as follows:
Containing about one acre of land and being situated in Section 24 and Lot No. 2 in said Township and County and bounded on the north, east and south by premises of The Evangelical Lutheran Zions Church, named aforesaid, and on the west by the public highway known as County Road No. 47, said property being known as the “Old Catholic Cemetery”.
TO HAVE AND TO HOLD said premises with the appurtenances thereunto belonging to said Grantees, their Assigns and Successors in Trust for the Evangelical Lutheran Zions Church in Liverpool Township, Medina County, Ohio, forever, but only for the uses and purposes and upon the trusts following, to-wit:
I. That said property shall never be used for any other purposes whatsoever, except for a grove or park. At no time, shall any building or other structure be erected thereon, but that said property shall be kept free from weeds and underbrush and that the same shall always be kept as a lawn.
II. That no more than two feet of soil (in depth) shall be disturbed or removed from where graves are known to be. All other parts of property shall be exempt from this provision.
III. The location of all graves shall be determined by a committee consisting of six persons, to-wit: The Pastor of Saint Martin’s Catholic Church in Liverpool Township in said County, The Pastor of The Evangelical Lutheran Zions Church and two members shall be appointed by the Pastor of Saint Martin’s Catholic Church and two members shall be appointed by the Pastor of The Evangelical Lutheran Zions Church in said Township.
In the event of a disagreement by said committee, or in the event of a tie vote by said committee, then in that event, the grantor herein, Joseph Schrembs, Bishop of the Catholic Diocese of Cleveland, Ohio, or his successor in office, shall have the deciding vote. Only in the event that said committee shall have a tie vote, or not be unanimous, shall the grantor have the decisive vote as aforesaid.
IV. A suitable monument of granite shall be erected on said property by the Grantees herein, said monument to be of such size and quality as shall meet the approval of the Pastor of the said Saint Martin’s Church, and said monument shall be inscribed with the general provisions of this Deed of Trust. Said monument is to be located at such a point that the radius of a given number of feet shall embrace all known graves.
VI. The entire cost of the improvement of said property aforesaid, including the monument and inscription and expense of this Deed of Trust shall be paid for by the Grantees herein.
It is a condition of this Deed of Trust that the Grantees herein, and their successors in the said trust, be possessed of said property and of the title of the Grantor thereto only for the aforesaid purposes, and that upon violation of any of the provisions of this Deed of Trust, or upon failure to perform any of the provisions and conditions aforesaid, in whole or in part, at the option of the Grantor herein, or of his successor, as Bishop of the Diocese of Cleveland, Ohio, (notice of such option being hereby expressly waived), this instrument shall be and become null and void and of no effect or force in law or equity, and the said premises shall, upon the exercise of said option, immediately revert to the Grantor herein, or to his successor, as Bishop of the Diocese of Cleveland.
And the said Grantor for himself, his successors and assigns, covenants with the said Grantees, their successors and assigns, that he is the true and lawful owner of said premises and has good right and full power to bargain, sell and convey the same in manner aforesaid and that the same are free and clear from all incumbrances.
IN WITNESS THEREOF the said Joseph Schrembs, Bishop of Cleveland, Ohio, has hereunto set his hand this 9th day of November, A.D. 1926.
Bishop of Cleveland, Ohio