As Reported by the Senate Judiciary Committee 1 122nd General Assembly 4 Regular Session Sub. H. B. No. 486 5 1997-1998 6 REPRESENTATIVES MEAD-SALERNO-TIBERI-GARCIA-MYERS- 7 SCHULER-MASON-LEWIS-TAVARES-SENATORS LATTA-BLESSING 8 10 A B I L L To authorize the conveyance of two parcels of 12 state-owned real estate located in Franklin 13 County to the City of Columbus, to authorize the 14 conveyance of state-owned real estate controlled 15 by the Department of Mental Health and known as 16 the St. Dymphna Chapel property located in 17 Hamilton County to the Institute of Advanced Manufacturing Sciences, Inc. (IAMS), a nonprofit 18 organization, and to authorize the conveyance of 19 state-owned real estate controlled by the Department of Mental Health and located in Summit 21 County to Ohio Health Ventures. 22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24 Section 1. (A) The Governor is hereby authorized to 26 execute a deed in the name of the state conveying to the City of 27 Columbus, its successors and assigns, all of the state's right, 28 title, and interest in the following described real estate: 29 Parcel 1 (20.098 acres) 31 Situated in the State of Ohio, County of Franklin, and in 33 the City of Columbus, located in Virginia Military Survey No. 35 2668, and being part of a 300 acre tract conveyed to the State of 36 Ohio in Deed Book 101, Page 390, Franklin County Recorder's 37 Office, and being more particularly described as follows: 38 Beginning for reference at an iron pin found at the 40 intersection of northerly right of way line of West Broad Street 41 2 (80 feet in width) and the easterly right of way line of 42 Wheatland Avenue (40 feet in width); 43 thence N 09°14'48" W, along the easterly right of way line 45 of said Wheatland Avenue, a distance of 502.10 feet to an iron 46 pin set, said iron pin being the True Point of Beginning of 48 herein described tract, passing an iron pin found at 251.05 feet; 49 thence N 09°14'48" W, along the easterly right of way line 51 of said Wheatland Avenue, a distance of 1810.12 feet to an iron 52 pin set; 53 thence N 77°17'50" E, along an existing fence, a distance 55 of 108.55 feet to a point; 56 thence N 85°16'59" E, along an existing fence, a distance 58 of 273.91 feet to a point; 59 thence N 89°00'05" E, along an existing fence, a distance 61 of 111.16 feet to an iron pin set; 62 thence S 09°14'48" E, a distance of 1121.50 feet to an iron 64 pin set at the northwesterly corner of a buffer zone to the 65 Central Ohio Psychiatric Hospital; 66 thence S 04°09'22" E, along the westerly line of said 68 buffer zone to the Central Ohio Psychiatric Hospital, a distance 69 of 699.77 feet to an iron pin set; 70 thence S 86°00'00" W, a distance of 431.14 feet to the True 73 Point of Beginning, containing 20.098 acres, more or less, 74 subject to all rights of way, easements, and restrictions of 75 record. Basis of bearing is the northerly right of way line of West 77 Broad Street being N 86°00'00" E, as shown in Plat Book 4, Page 79 326, Recorder's Office, Franklin County, Ohio. This description was prepared by Phil Y. Shih, Registered 81 Surveyor No. 7668, based on an actual field survey performed in 82 February, 1997. 83 Parcel 2 (2.410 acres) 85 Situated in the State of Ohio, County of Franklin, and in 87 the City of Columbus, located in Virginia Military Survey No. 88 3 2668, and being part of a 300 acre tract conveyed to the State of 89 Ohio in Deed Book 101, Page 390, Franklin County Recorder's 90 Office, and being more particularly described as follows: 91 Beginning for reference at an iron pin found at the 93 intersection of northerly right of way line of West Broad Street 94 (80 feet in width) and the easterly right of way line of 95 Wheatland Avenue (40 feet in width); 96 thence N 09°14'48" W, along the easterly right of way line 98 of said Wheatland Avenue, a distance of 251.05 feet to an iron 99 pin found marking the northwesterly corner of a 0.865 acre tract 100 conveyed to the City of Columbus as recorded in Official Record 101 19320 E14, said iron pin being the True Point of Beginning of 103 herein described tract; thence N 09°14'48" W, along the easterly right of way line 105 of said Wheatland Avenue, a distance of 251.05 feet to an iron 106 pin set; 107 thence N 86°00'00" E, a distance of 431.14 feet to an iron 109 pin set in the westerly line of a buffer zone to the Central Ohio 111 Psychiatric Hospital; thence S 04°09'22" E, along the westerly line of said 113 buffer zone to the Central Ohio Psychiatric Hospital, a distance 114 of 250.00 feet to an iron pin set in the northerly line of a 115 1.435 acre tract of land in lease between the State of Ohio and 116 the City of Columbus, described in State of Ohio Lease File No. 117 5020, and recorded in Official Record 19320 E18; 118 thence S 86°00'00" W, along the northerly line of said 120 1.435 acre tract and said 0.865 acre tract, a distance of 408.86 121 feet to the True Point of Beginning, containing 2.410 acres, more 123 or less, subject to all rights of way, easements, and restrictions of record. 124 Basis of bearing is the northerly right of way line of West 126 Broad Street being N 86°00'00" E, as shown in Plat Book 4, Page 128 326, Recorder's Office, Franklin County, Ohio. This description was prepared by Phil Y. Shih, Registered 130 4 Surveyor No. 7668, based on an actual field survey performed in 131 February, 1997. 132 (B) Consideration for conveyance of the real estate 134 described in division (A) of this section is the appraised fair 136 market value of the real estate as determined or approved by the 137 Director of Administrative Services. The Director shall appraise 138 the fair market value of the real estate or have it appraised by one or more disinterested persons at a fee determined by the 140 Director. Unless the Director makes the appraisal, the Director 141 shall review the appraisal and either approve or disapprove it. 142 If the Director disapproves the appraisal, the fair market value 143 of the real estate shall again be appraised as provided in this 145 section. Upon determining or approving an appraised fair market 146 value, the Director shall notify the City of Columbus in writing 147 of the purchase price. The City of Columbus shall pay all 148 appraisal fees and all costs of the conveyance of the real estate 149 described in division (A) of this section. (C) Upon payment of the purchase price, the Auditor of 151 State, with the assistance of the Attorney General, shall prepare 152 a deed to the real estate described in division (A) of this 153 section. The deed shall state the consideration. The deed shall 155 be executed by the Governor in the name of the state, 156 countersigned by the Secretary of State, sealed with the Great 157 Seal of the State, presented in the office of the Auditor of 158 State for recording, and delivered to the City of Columbus. The 159 City of Columbus shall present the deed for recording in the 160 Office of the Franklin County Recorder. Section 2. (A) The Governor is hereby authorized to 162 execute a deed in the name of the state conveying to the 164 Institute of Advanced Manufacturing Sciences, Inc. (IAMS) and its 165 successors and assigns all of the state's right, title, and interest in the following described real estate: 166 Situated in Section 6, Town 3, Fractional Range 2, Miami 168 Purchase, and being in the City of Cincinnati, Hamilton County, 169 5 Ohio, and being Part of Lots 1 and 2 of Caldwell and Paddock's 170 Subdivision; and all of Lots 1 and 2, and Part of Lots 3, 4, 17, 171 18, and 19, and Part of Gerry Street, and Part of Jackson Street, 172 of Caldwell and Paddock's Addition to the Town of Carthage, both of said subdivisions being as recorded in Deed Book 155, Page 52, 173 and in Plat Book 1, Page 54, Hamilton County, Ohio, records and 174 designated as "Caldwell and Paddock's 2nd Subdivision," and being 175 more particularly described as follows: 176 Beginning at an iron pipe at the intersection of the south line 178 of Seymour Avenue, and the east line of Paddock Road as both are 179 new improved, thence with the south line of said Seymour Avenue, 180 the following three (3) courses and distances: 181 South 82°15'36" East 115.00 feet to a point; 183 North 17°46'09" East 13.50 feet to a point; 185 South 72°17'40" East 277.95 feet to an iron pipe; 187 thence with the boundary of TRACT I (a 34.405 Acre Tract) as 189 shown on City of Cincinnati Accession Plat No. 101391 the 190 following two (2) courses and distances: 191 South 19°40'40" West 229.36 feet to a cross notch; 193 North 84°00'00" West 414.51 feet to an iron pipe in the 195 easterly line of said Paddock Road; thence with said easterly 196 line North 22°18'45" East 280.83 feet to the Point of Beginning, 197 and containing 2.398 Acres, more or less, and being those same 198 lands conveyed to the State of Ohio of Record in Deed Book 4286, 199 Page 1703 Hamilton County Records. (B) Consideration for the conveyance of the real estate 201 described in division (A) of this section is a sale price of 202 $88,999.00. (C) All costs of the conveyance of the real estate 204 described in division (A) of this section shall be paid by the 205 Institute of Advanced Manufacturing Sciences, Inc. 206 (D) Upon payment of the purchase price specified in 208 division (B) of this section, the Auditor of State, with the 210 assistance of the Attorney General, shall prepare a deed to the 211 6 real estate described in division (A) of this section. The deed 213 shall state the consideration. The deed shall be executed by the Governor in the name of the state, countersigned by the Secretary 214 of State, sealed with the Great Seal of the State, presented in 215 the Office of the Auditor of State for recording, and delivered 216 to the Institute of Advanced Manufacturing Sciences, Inc. The 217 Institute of Advanced Manufacturing Sciences, Inc. shall present 218 the deed for recording in the Office of the Hamilton County 219 Recorder. (E) The proceeds of the conveyance of the real estate 221 described in division (A) of this section shall be deposited in 222 the Department of Mental Health Trust Fund in the state treasury, 223 created by section 5119.18 of the Revised Code. 224 Section 3. (A) The Governor is hereby authorized to 226 execute a deed in the name of the state conveying to Ohio Health 229 Ventures and its successors and assigns all of the state's right, title, and interest in the following described real estate: 231 Parcel No. 1 233 Situated in the City of Cuyahoga Falls (formerly Township 235 of Tallmadge) County of Summit and State of Ohio and known as 236 being a part of Original Tract One (1), of former Tallmadge 237 Township, also known as all that land deeded to the State of 238 Ohio, recorded in five (5) deeds: Volume 2255, Page 521, Volume 4789, Page 262, Volume 4789, Page 9, Volume 4829, Page 443 and 240 Volume 4909, Page 329 all of the Summit County Records; 241 Beginning at a 5/8" rebar set in the intersection of the 243 Northeast right of way line of Tallmadge Road, 66' wide and the 245 Southeast right of way line of Newberry Street, 66 feet wide; 246 Thence along said Newberry right of way line N 09°17'43"E, 248 a distance of 191.36 feet to a 5/8" rebar set at its intersection 249 with the South right of way line of Broadway East Street, 20.50 251 feet wide, as widened by deed to the Village of Cuyahoga Falls, 252 Volume 922, Page 19 of the Summit County Records; Thence along the South line of said Broadway East Street N 254 7 90°00'00" E, a distance of 748.05 feet to a 5/8" rebar set at its 255 intersection with the West right of way line of Germaine Street, 256 60 feet wide; Thence along the Westerly lines of said Germaine Street the 258 following three (3) courses and distances: 259 Thence S 08°54'35" W, a distance of 652.40 feet to a 5/8" 261 rebar set at an angle point; 262 Thence S 47°56'11" W, a distance of 16.50 feet to a 5/8" 264 rebar set at an angle point; 265 Thence S 42°03'49" E, a distance of 121.73 feet to a 5/8" 267 rebar set at its intersection with the centerline of Cook Street, 268 60 feet wide, (passing over a 5/8" rebar set in the Northwesterly 269 Road widening easement line at 91.73 feet); 270 Thence along the centerline of said Cook Street S 47°56'11" 272 W, a distance of 181.50 feet to its intersection with the 273 Northeasterly right of way line of aforesaid Tallmadge Road, 274 extended; Thence along said Tallmadge Road right of way line N 276 42°03'49" W, a distance of 914.20 feet to the true place of 277 beginning (passing over a 5/8" I.P. set at its intersection with 278 the Northwesterly line of the aforesaid road widening easement at 279 30.00 feet) containing 9.4737 acres of land more or less as 280 surveyed by Gaskill & Associates, Inc., July 6, 1995 but subject to all legal highways and a 40 year easement, 30 feet wide, to 281 the City of Cuyahoga Falls, Ohio date December 21, 1972 for the 282 widening on the Northwesterly side of the aforesaid Cook Street, 283 along the Southeasterly line of the herein described parcel of 284 land. Prepared by: Gaskill & Associates, Inc. Edward L. Gaskill 286 Registered Surveyor No. 6349 287 Parcel No. 2 289 Situated in the City of Cuyahoga Falls (formerly Township 291 of Tallmadge), County of Summit and State of Ohio, and known as 292 being a part of Original Tract One (1) of former Tallmadge 293 8 Township also known as being all that land deeded to the State of 294 Ohio, recorded in three (3) deeds: Volume 5072, Page 217, Volume 295 5071, Page 84 and Volume 5072, Page 219, all of the Summit County Records and all that portion of a Vacated Alley known as Alley C, 296 as shown on the Record Plat of Cooke's Fourth Subdivision; Plat 297 Book 5, Page 44 of the Summit County Records, as it lies within 298 the Easterly limits of the parcel of land herein described more 299 fully bounded and described as follows: Beginning at a 5/8" rebar set on the Southwest corner of 301 Lot No. 106 in said Cooke's Subdivision, said point being in the 302 East right of way line of Germaine Street, 60 feet wide; 303 Thence along said East right of way line N 08°54'35" E, a 305 distance of 279.55 feet to a 5/8" rebar set therein at the 306 Northwesterly corner of Pauline Court, 24' wide; 307 Thence along the Northerly line of said Pauline Court S 309 81°11'49" E, a distance of 170.63 feet to a 5/8" rebar set in the 310 centerline of the aforesaid Vacated Alley C; 311 Thence along said Alley centerline S 08°54'35" W, a 313 distance of 250.70 feet to a 5/8" rebar set therein; 314 Thence along the prolongation of and the South line of the 316 aforesaid Lot No. 106, S 89°12'39" W, a distance of 173.10 feet 317 to the true place of beginning, containing 1.0385 acres of land 318 more or less, as surveyed by Gaskill & Associates, Inc., July 319 1995 but subject to all legal highways, reserving to the public 320 generally, the right to use the Northerly 24 feet of the parcel 321 of land above described for road purposes known as Pauline Court. Prepared by: Gaskill & Associates, Inc. Edward L. Gaskill 323 Registered Surveyor No. 6349 324 Parcel No. 3 326 Situated in the City of Cuyahoga Falls, County of Summit 328 and State of Ohio and known as being all of Lot Number Sixty-five 329 (65) of Cooke's Third Subdivision and Addition, as the same is 330 surveyed, numbered and recorded in Plat Book 5, Page 18, Summit 331 County Records. 9 (B) Consideration for the conveyance of the real estate 333 described in division (A) of this section is a sale price of 334 $650,000.00. (C) Upon payment of the purchase price specified in 336 division (B) of this section, the Auditor of State, with the 338 assistance of the Attorney General, shall prepare a deed to the 339 real estate described in division (A) of this section. The deed 341 shall state the consideration. The deed shall be executed by the Governor in the name of the state, countersigned by the Secretary 342 of State, sealed with the Great Seal of the State, presented in 343 the Office of the Auditor of State for recording, and delivered 344 to Ohio Health Ventures. Ohio Health Ventures shall present the 346 deed for recording in the Office of the Summit County Recorder. 347 (D) The proceeds of the conveyance of the real estate 349 described in division (A) of this section shall be deposited into 350 the state treasury to the credit of the Mental Health Facilities 351 Improvement Fund (Fund 033), created by division (F) of section 352 154.20 of the Revised Code, to retire any bond issued by the 353 state of Ohio for the facilities located on the real estate described in division (A) of this section. 354 Section 4. This act expires one year after its effective 356 date.