As Passed by the Senate 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 B. JOHNSON-WATTS-HOWARD-RAY-FINAN 9 11 A B I L L To authorize the conveyance of two parcels of 13 state-owned real estate located in Franklin 14 County to the City of Columbus, to authorize the 15 conveyance of state-owned real estate controlled 16 by the Department of Mental Health and known as 17 the St. Dymphna Chapel property located in 18 Hamilton County to the Institute of Advanced Manufacturing Sciences, Inc. (IAMS), a nonprofit 19 organization, and to authorize the conveyance of 20 state-owned real estate controlled by the Department of Mental Health and located in Summit 22 County to Ohio Health Ventures. 23 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 25 Section 1. (A) The Governor is hereby authorized to 27 execute a deed in the name of the state conveying to the City of 28 Columbus, its successors and assigns, all of the state's right, 29 title, and interest in the following described real estate: 30 Parcel 1 (20.098 acres) 32 Situated in the State of Ohio, County of Franklin, and in 34 the City of Columbus, located in Virginia Military Survey No. 36 2668, and being part of a 300 acre tract conveyed to the State of 37 Ohio in Deed Book 101, Page 390, Franklin County Recorder's 38 Office, and being more particularly described as follows: 39 Beginning for reference at an iron pin found at the 41 2 intersection of northerly right of way line of West Broad Street 42 (80 feet in width) and the easterly right of way line of 43 Wheatland Avenue (40 feet in width); 44 thence N 09°14'48" W, along the easterly right of way line 46 of said Wheatland Avenue, a distance of 502.10 feet to an iron 47 pin set, said iron pin being the True Point of Beginning of 49 herein described tract, passing an iron pin found at 251.05 feet; 50 thence N 09°14'48" W, along the easterly right of way line 52 of said Wheatland Avenue, a distance of 1810.12 feet to an iron 53 pin set; 54 thence N 77°17'50" E, along an existing fence, a distance 56 of 108.55 feet to a point; 57 thence N 85°16'59" E, along an existing fence, a distance 59 of 273.91 feet to a point; 60 thence N 89°00'05" E, along an existing fence, a distance 62 of 111.16 feet to an iron pin set; 63 thence S 09°14'48" E, a distance of 1121.50 feet to an iron 65 pin set at the northwesterly corner of a buffer zone to the 66 Central Ohio Psychiatric Hospital; 67 thence S 04°09'22" E, along the westerly line of said 69 buffer zone to the Central Ohio Psychiatric Hospital, a distance 70 of 699.77 feet to an iron pin set; 71 thence S 86°00'00" W, a distance of 431.14 feet to the True 74 Point of Beginning, containing 20.098 acres, more or less, 75 subject to all rights of way, easements, and restrictions of 76 record. Basis of bearing is the northerly right of way line of West 78 Broad Street being N 86°00'00" E, as shown in Plat Book 4, Page 80 326, Recorder's Office, Franklin County, Ohio. This description was prepared by Phil Y. Shih, Registered 82 Surveyor No. 7668, based on an actual field survey performed in 83 February, 1997. 84 Parcel 2 (2.410 acres) 86 Situated in the State of Ohio, County of Franklin, and in 88 3 the City of Columbus, located in Virginia Military Survey No. 89 2668, and being part of a 300 acre tract conveyed to the State of 90 Ohio in Deed Book 101, Page 390, Franklin County Recorder's 91 Office, and being more particularly described as follows: 92 Beginning for reference at an iron pin found at the 94 intersection of northerly right of way line of West Broad Street 95 (80 feet in width) and the easterly right of way line of 96 Wheatland Avenue (40 feet in width); 97 thence N 09°14'48" W, along the easterly right of way line 99 of said Wheatland Avenue, a distance of 251.05 feet to an iron 100 pin found marking the northwesterly corner of a 0.865 acre tract 101 conveyed to the City of Columbus as recorded in Official Record 102 19320 E14, said iron pin being the True Point of Beginning of 104 herein described tract; thence N 09°14'48" W, along the easterly right of way line 106 of said Wheatland Avenue, a distance of 251.05 feet to an iron 107 pin set; 108 thence N 86°00'00" E, a distance of 431.14 feet to an iron 110 pin set in the westerly line of a buffer zone to the Central Ohio 112 Psychiatric Hospital; thence S 04°09'22" E, along the westerly line of said 114 buffer zone to the Central Ohio Psychiatric Hospital, a distance 115 of 250.00 feet to an iron pin set in the northerly line of a 116 1.435 acre tract of land in lease between the State of Ohio and 117 the City of Columbus, described in State of Ohio Lease File No. 118 5020, and recorded in Official Record 19320 E18; 119 thence S 86°00'00" W, along the northerly line of said 121 1.435 acre tract and said 0.865 acre tract, a distance of 408.86 122 feet to the True Point of Beginning, containing 2.410 acres, more 124 or less, subject to all rights of way, easements, and restrictions of record. 125 Basis of bearing is the northerly right of way line of West 127 Broad Street being N 86°00'00" E, as shown in Plat Book 4, Page 129 326, Recorder's Office, Franklin County, Ohio. 4 This description was prepared by Phil Y. Shih, Registered 131 Surveyor No. 7668, based on an actual field survey performed in 132 February, 1997. 133 (B) Consideration for conveyance of the real estate 135 described in division (A) of this section is the appraised fair 137 market value of the real estate as determined or approved by the 138 Director of Administrative Services. The Director shall appraise 139 the fair market value of the real estate or have it appraised by one or more disinterested persons at a fee determined by the 141 Director. Unless the Director makes the appraisal, the Director 142 shall review the appraisal and either approve or disapprove it. 143 If the Director disapproves the appraisal, the fair market value 144 of the real estate shall again be appraised as provided in this 146 section. Upon determining or approving an appraised fair market 147 value, the Director shall notify the City of Columbus in writing 148 of the purchase price. The City of Columbus shall pay all 149 appraisal fees and all costs of the conveyance of the real estate 150 described in division (A) of this section. (C) Upon payment of the purchase price, the Auditor of 152 State, with the assistance of the Attorney General, shall prepare 153 a deed to the real estate described in division (A) of this 154 section. The deed shall state the consideration. The deed shall 156 be executed by the Governor in the name of the state, 157 countersigned by the Secretary of State, sealed with the Great 158 Seal of the State, presented in the office of the Auditor of 159 State for recording, and delivered to the City of Columbus. The 160 City of Columbus shall present the deed for recording in the 161 Office of the Franklin County Recorder. Section 2. (A) The Governor is hereby authorized to 163 execute a deed in the name of the state conveying to the 165 Institute of Advanced Manufacturing Sciences, Inc. (IAMS) and its 166 successors and assigns all of the state's right, title, and interest in the following described real estate: 167 Situated in Section 6, Town 3, Fractional Range 2, Miami 169 5 Purchase, and being in the City of Cincinnati, Hamilton County, 170 Ohio, and being Part of Lots 1 and 2 of Caldwell and Paddock's 171 Subdivision; and all of Lots 1 and 2, and Part of Lots 3, 4, 17, 172 18, and 19, and Part of Gerry Street, and Part of Jackson Street, 173 of Caldwell and Paddock's Addition to the Town of Carthage, both of said subdivisions being as recorded in Deed Book 155, Page 52, 174 and in Plat Book 1, Page 54, Hamilton County, Ohio, records and 175 designated as "Caldwell and Paddock's 2nd Subdivision," and being 176 more particularly described as follows: 177 Beginning at an iron pipe at the intersection of the south line 179 of Seymour Avenue, and the east line of Paddock Road as both are 180 new improved, thence with the south line of said Seymour Avenue, 181 the following three (3) courses and distances: 182 South 82°15'36" East 115.00 feet to a point; 184 North 17°46'09" East 13.50 feet to a point; 186 South 72°17'40" East 277.95 feet to an iron pipe; 188 thence with the boundary of TRACT I (a 34.405 Acre Tract) as 190 shown on City of Cincinnati Accession Plat No. 101391 the 191 following two (2) courses and distances: 192 South 19°40'40" West 229.36 feet to a cross notch; 194 North 84°00'00" West 414.51 feet to an iron pipe in the 196 easterly line of said Paddock Road; thence with said easterly 197 line North 22°18'45" East 280.83 feet to the Point of Beginning, 198 and containing 2.398 Acres, more or less, and being those same 199 lands conveyed to the State of Ohio of Record in Deed Book 4286, 200 Page 1703 Hamilton County Records. (B) Consideration for the conveyance of the real estate 202 described in division (A) of this section is a sale price of 203 $88,999.00. (C) All costs of the conveyance of the real estate 205 described in division (A) of this section shall be paid by the 206 Institute of Advanced Manufacturing Sciences, Inc. 207 (D) Upon payment of the purchase price specified in 209 division (B) of this section, the Auditor of State, with the 211 6 assistance of the Attorney General, shall prepare a deed to the 212 real estate described in division (A) of this section. The deed 214 shall state the consideration. The deed shall be executed by the Governor in the name of the state, countersigned by the Secretary 215 of State, sealed with the Great Seal of the State, presented in 216 the Office of the Auditor of State for recording, and delivered 217 to the Institute of Advanced Manufacturing Sciences, Inc. The 218 Institute of Advanced Manufacturing Sciences, Inc. shall present 219 the deed for recording in the Office of the Hamilton County 220 Recorder. (E) The proceeds of the conveyance of the real estate 222 described in division (A) of this section shall be deposited in 223 the Department of Mental Health Trust Fund in the state treasury, 224 created by section 5119.18 of the Revised Code. 225 Section 3. (A) The Governor is hereby authorized to 227 execute a deed in the name of the state conveying to Ohio Health 230 Ventures and its successors and assigns all of the state's right, title, and interest in the following described real estate: 232 Parcel No. 1 234 Situated in the City of Cuyahoga Falls (formerly Township 236 of Tallmadge) County of Summit and State of Ohio and known as 237 being a part of Original Tract One (1), of former Tallmadge 238 Township, also known as all that land deeded to the State of 239 Ohio, recorded in five (5) deeds: Volume 2255, Page 521, Volume 4789, Page 262, Volume 4789, Page 9, Volume 4829, Page 443 and 241 Volume 4909, Page 329 all of the Summit County Records; 242 Beginning at a 5/8" rebar set in the intersection of the 244 Northeast right of way line of Tallmadge Road, 66' wide and the 246 Southeast right of way line of Newberry Street, 66 feet wide; 247 Thence along said Newberry right of way line N 09°17'43"E, 249 a distance of 191.36 feet to a 5/8" rebar set at its intersection 250 with the South right of way line of Broadway East Street, 20.50 252 feet wide, as widened by deed to the Village of Cuyahoga Falls, 253 Volume 922, Page 19 of the Summit County Records; 7 Thence along the South line of said Broadway East Street N 255 90°00'00" E, a distance of 748.05 feet to a 5/8" rebar set at its 256 intersection with the West right of way line of Germaine Street, 257 60 feet wide; Thence along the Westerly lines of said Germaine Street the 259 following three (3) courses and distances: 260 Thence S 08°54'35" W, a distance of 652.40 feet to a 5/8" 262 rebar set at an angle point; 263 Thence S 47°56'11" W, a distance of 16.50 feet to a 5/8" 265 rebar set at an angle point; 266 Thence S 42°03'49" E, a distance of 121.73 feet to a 5/8" 268 rebar set at its intersection with the centerline of Cook Street, 269 60 feet wide, (passing over a 5/8" rebar set in the Northwesterly 270 Road widening easement line at 91.73 feet); 271 Thence along the centerline of said Cook Street S 47°56'11" 273 W, a distance of 181.50 feet to its intersection with the 274 Northeasterly right of way line of aforesaid Tallmadge Road, 275 extended; Thence along said Tallmadge Road right of way line N 277 42°03'49" W, a distance of 914.20 feet to the true place of 278 beginning (passing over a 5/8" I.P. set at its intersection with 279 the Northwesterly line of the aforesaid road widening easement at 280 30.00 feet) containing 9.4737 acres of land more or less as 281 surveyed by Gaskill & Associates, Inc., July 6, 1995 but subject to all legal highways and a 40 year easement, 30 feet wide, to 282 the City of Cuyahoga Falls, Ohio date December 21, 1972 for the 283 widening on the Northwesterly side of the aforesaid Cook Street, 284 along the Southeasterly line of the herein described parcel of 285 land. Prepared by: Gaskill & Associates, Inc. Edward L. Gaskill 287 Registered Surveyor No. 6349 288 Parcel No. 2 290 Situated in the City of Cuyahoga Falls (formerly Township 292 of Tallmadge), County of Summit and State of Ohio, and known as 293 8 being a part of Original Tract One (1) of former Tallmadge 294 Township also known as being all that land deeded to the State of 295 Ohio, recorded in three (3) deeds: Volume 5072, Page 217, Volume 296 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, 297 as shown on the Record Plat of Cooke's Fourth Subdivision; Plat 298 Book 5, Page 44 of the Summit County Records, as it lies within 299 the Easterly limits of the parcel of land herein described more 300 fully bounded and described as follows: Beginning at a 5/8" rebar set on the Southwest corner of 302 Lot No. 106 in said Cooke's Subdivision, said point being in the 303 East right of way line of Germaine Street, 60 feet wide; 304 Thence along said East right of way line N 08°54'35" E, a 306 distance of 279.55 feet to a 5/8" rebar set therein at the 307 Northwesterly corner of Pauline Court, 24' wide; 308 Thence along the Northerly line of said Pauline Court S 310 81°11'49" E, a distance of 170.63 feet to a 5/8" rebar set in the 311 centerline of the aforesaid Vacated Alley C; 312 Thence along said Alley centerline S 08°54'35" W, a 314 distance of 250.70 feet to a 5/8" rebar set therein; 315 Thence along the prolongation of and the South line of the 317 aforesaid Lot No. 106, S 89°12'39" W, a distance of 173.10 feet 318 to the true place of beginning, containing 1.0385 acres of land 319 more or less, as surveyed by Gaskill & Associates, Inc., July 320 1995 but subject to all legal highways, reserving to the public 321 generally, the right to use the Northerly 24 feet of the parcel 322 of land above described for road purposes known as Pauline Court. Prepared by: Gaskill & Associates, Inc. Edward L. Gaskill 324 Registered Surveyor No. 6349 325 Parcel No. 3 327 Situated in the City of Cuyahoga Falls, County of Summit 329 and State of Ohio and known as being all of Lot Number Sixty-five 330 (65) of Cooke's Third Subdivision and Addition, as the same is 331 surveyed, numbered and recorded in Plat Book 5, Page 18, Summit 332 9 County Records. (B) Consideration for the conveyance of the real estate 334 described in division (A) of this section is a sale price of 335 $650,000.00. (C) Upon payment of the purchase price specified in 337 division (B) of this section, the Auditor of State, with the 339 assistance of the Attorney General, shall prepare a deed to the 340 real estate described in division (A) of this section. The deed 342 shall state the consideration. The deed shall be executed by the Governor in the name of the state, countersigned by the Secretary 343 of State, sealed with the Great Seal of the State, presented in 344 the Office of the Auditor of State for recording, and delivered 345 to Ohio Health Ventures. Ohio Health Ventures shall present the 347 deed for recording in the Office of the Summit County Recorder. 348 (D) The proceeds of the conveyance of the real estate 350 described in division (A) of this section shall be deposited into 351 the state treasury to the credit of the Mental Health Facilities 352 Improvement Fund (Fund 033), created by division (F) of section 353 154.20 of the Revised Code, to retire any bond issued by the 354 state of Ohio for the facilities located on the real estate described in division (A) of this section. 355 Section 4. This act expires one year after its effective 357 date.