As Reported by the Senate Judiciary Committee 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 55 5
1997-1998 6
REPRESENTATIVES GARDNER-MEAD-GARCIA-BRITTON-MYERS-MOTTL-O'BRIEN- 8
REID-SALERNO-VERICH-SENATOR BLESSING 9
11
A B I L L
To authorize the conveyance of the state's interest 13
in the restrictions and reversions imposed by 14
specified instruments to Behavioral Connections
of Wood County, Inc., an Ohio nonprofit 15
corporation, to amend Section 5 of Am. H.B. 166 16
of the 115th General Assembly, as amended by Am. 17
Sub. H.B. 636 of the 118th General Assembly, and 18
Section 6 of Am. H.B. 166 of the 115th General
Assembly to specify permissible research uses for 19
land previously conveyed by the state to the City 20
of Cincinnati and to limit the application of the 21
reversion clause in the legislation that conveyed 22
that land, and to declare an emergency.
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 Behavioral 27
Connections of Wood County, Inc., an Ohio nonprofit corporation, 28
and its successors and assigns, all of the state's right, title, 29
and interest obtained from, imposed by, or reserved on the 30
following parcels of land by instruments recorded in Volume 557, 31
Page 178 and Volume 585, Page 230, Deed Records, Wood County, 32
Ohio, and to release such parcels of land from all restrictions 33
and reversions imposed by such instruments: 34
Parcel Number 1. On which the State of Ohio reserved 36
certain interests in, and imposed certain restrictions on, the 37
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land described as follows by instrument dated July 11, 1979, 38
received for record on July 19, 1979 at 2:47 p.m. and recorded in 39
Volume 557, Page 178, Deed Records, Wood County, Ohio: 40
Situated in the City of Bowling Green, Wood County, Ohio, 42
and further described as follows: 43
Lot numbers 1754 N1/2; 1755 N1/2; 1756 N1/2 and E 43' of 45
S1/2; 1757; 1758; 1759; and 1760; 1761; 1766 and E 50' of 1767 in 46
the City of Bowling Green, Wood County, State of Ohio; said 48
parcel containing 1.496 acres more or less and subject to all 49
legal highways, right of ways, easements, and appurtenances
thereunto included. 50
Parcel Number 2. For which the Wood County Mental Health 52
Clinic, Inc., an Ohio nonprofit corporation, which merged with 53
and into Behavioral Connections of Wood County, Inc., an Ohio 54
nonprofit corporation, granted the State of Ohio a reversionary 55
interest in the following described land by instrument dated 56
December 15, 1982, received for record on March 29, 1983, at 2:46 57
p.m. and recorded in Volume 585, Page 230, Deed Records, Wood 58
County, Ohio: 59
Situated in the County of Wood, in the State of Ohio, and 61
City of Bowling Green, and bounded and described as follows: 62
South 1/2 of lots, 1754 and 1755 and the West 14' of the South 63
one-half of lot 1756.
(B) Consideration for conveyance of the rights to the 65
parcels described in division (A) of Section 1 of this act is one 66
dollar.
(C) The conveyance authorized by Section 1 of this act is 68
conditioned upon the receipt by Behavioral Connections of Wood 70
County, Inc., of a grant from the federal Department of Housing 72
and Urban Development to construct a residential facility for
chronically mentally ill persons. If, within one year after the 73
effective date of this act, Behavioral Connections of Wood 74
County, Inc., has not executed an agreement with the Department 76
of Housing and Urban Development under which Behavioral 77
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Connections of Wood County, Inc., will receive the grant to
construct the facility, the interests conveyed by Section 1 of 78
this act shall immediately revert to the State without the need 80
for any further action by the State.
(D) All costs of the conveyance authorized by Section 1 of 83
this act shall be paid by Behavioral Connections of Wood County, 84
Inc.
(E) Upon receipt of the consideration described in 86
division (B) of Section 1 of this act, the Auditor of State, with 88
the assistance of the Attorney General, shall prepare a deed to 89
the real estate described in division (A) of Section 1 of this 90
act. The deed shall state the consideration and the condition
described in division (C) of Section 1 of this act. The deed 91
shall be executed by the Governor in the name of the state, 93
countersigned by the Secretary of State, sealed with the Great 94
Seal of the State, presented in the Office of the Auditor of 95
State for recording, and delivered to the grantee. The grantee 96
shall present the deed for recording in the Office of the County 97
Recorder of Wood County.
Section 2. That Section 5 of Am. H.B. 166 of the 115th 99
General Assembly, as amended by Am. Sub. H.B. 636 of the 118th 100
General Assembly, be amended to read as follows: 101
"Sec. 5. Consideration for the conveyance of the real 103
estate described in Section 4 of this act AM. H.B. 166 OF THE 106
115th GENERAL ASSEMBLY shall be the mutual benefit to the City of 107
Cincinnati and the state from the use of the real estate for 108
research and will include the application of high-technology 110
processes to product service and light manufacturing activities 111
and related business offices, prototype manufacturing related to
research activities, general business offices, and general 113
services which are intended to provide support and service to
tenants within the park. 114
AS USED IN THIS SECTION, "RESEARCH" MEANS ANY USE THAT 116
SERVES THE PUBLIC PURPOSES OF DEVELOPING NEW KNOWLEDGE, ADVANCING 118
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TECHNOLOGY, OR ENHANCING ECONOMIC GROWTH WITHIN THIS STATE, 119
INCLUDING ALL OF THE FOLLOWING USES:
(A) LABORATORIES AND TESTING OR ANALYZING FACILITIES; 122
(B) GENERAL BUSINESS OFFICE SPACE; 125
(C) MEDICAL OFFICE, CLINICAL, AND MEDICAL TREATMENT 128
FACILITIES;
(D) LIGHT MANUFACTURING AND DISTRIBUTION FACILITIES; 131
(E) ASSEMBLY OF EQUIPMENT OF COMPONENTS; 134
(F) RETAIL USE, INCLUDING ANY RESTAURANT THAT IS 137
INCIDENTAL TO AND IN SUPPORT OF THE PERMITTED USES; 138
(G) SUPPORT AND MAINTENANCE SHOPS FOR FACILITIES WITHIN 141
THE PARK;
(H) PARKING AND DRIVEWAYS INCIDENTAL TO BUILDING USE; 144
(I) UTILITIES AND WASTE DISPOSAL OR TREATMENT FACILITIES 147
ASSOCIATED WITH THE PERMITTED USES; 148
(J) CONVENTION, CONFERENCE, LECTURE, AND MEETING 151
FACILITIES, OVERNIGHT GUEST ACCOMMODATIONS, OR LIBRARY OR OTHER 152
EDUCATIONAL SUPPORT FACILITIES; 153
(K) GENERAL SERVICES THAT ARE INTENDED TO PROVIDE SUPPORT 156
AND SERVICE TO OWNERS, TENANTS, AND OTHER OCCUPANTS OF THE REAL 157
ESTATE AND THEIR INVITEES, INCLUDING CONFERENCE CENTERS, DAY-CARE 158
CENTERS, RESTAURANTS, AUTOMATED TELLER MACHINES, AND SIMILAR USES 159
IF SUCH USES ARE CONDUCTED PRIMARILY FOR THE CONVENIENCE OF 160
OWNERS, TENANTS, AND OTHER OCCUPANTS OF THE REAL ESTATE AND THEIR 161
INVITEES; 162
(L) DEVELOPMENT OF PACKAGING AND MARKETING CONCEPTS, 165
DESIGN AND DEVELOPMENT OF PACKAGING EQUIPMENT AND PROCESSES AND 166
PACKAGING AND DISTRIBUTION FACILITIES, AND TELEMARKETING AND 167
MARKET RESEARCH."
Section 3. That existing Section 5 of Am. H.B. 166 of the 169
115th General Assembly, as amended by Am. Sub. H.B. 636 of the 170
118th General Assembly, is hereby repealed. 171
Section 4. That Section 6 of Am. H.B. 166 of the 115th 173
General Assembly be amended to read as follows: 174
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"Sec. 6. The real estate conveyed by Sections 4 to 8 of 176
this act AM. H.B. 166 OF THE 115th GENERAL ASSEMBLY shall be used 179
exclusively for the purpose of high technology research AS 180
DEFINED IN SECTION 5 OF AM. H.B. 166 OF THE 115th GENERAL 182
ASSEMBLY, AS AMENDED BY AM. SUB. H.B. 636 OF THE 118th GENERAL 184
ASSEMBLY AND BY SUB. H.B. 55 OF THE 122nd GENERAL ASSEMBLY, and 186
upon the termination of the use of the real estate for this 187
purpose, all right, title, and interest in the real estate 188
described in Section 4 of this act AM. H.B. 166 OF THE 115th 190
GENERAL ASSEMBLY shall revert to the state. 191
WITH RESPECT TO THE REAL ESTATE DESCRIBED IN SECTION 4 OF 194
AM. H.B. 166 OF THE 115th GENERAL ASSEMBLY, TO THE EXTENT THAT 195
ANY SUBDIVIDED LOT THAT IS A PART OF THE REAL ESTATE IS USED FOR 196
A PURPOSE OTHER THAN THE PERMITTED USES DEFINED IN SECTION 5 OF 198
AM. H.B. 166 OF THE 115th GENERAL ASSEMBLY, AS AMENDED BY AM. 199
SUB. H.B. 636 OF THE 118th GENERAL ASSEMBLY AND BY SUB. H.B. 55 201
OF THE 122nd GENERAL ASSEMBLY, ALL RIGHT, TITLE, AND INTEREST IN 203
THAT SUBDIVIDED LOT SHALL REVERT TO THE STATE. SUCH REVERSIONS,
HOWEVER, SHALL NOT AFFECT ANY OTHER SUBDIVIDED LOT FORMING A PART 205
OF THE REAL ESTATE, SO LONG AS THAT OTHER SUBDIVIDED LOT IS USED 206
IN A MANNER CONSISTENT WITH THE PERMITTED USES. FURTHER, NO 207
EASEMENTS APPURTENANT TO ANY SUBDIVIDED LOT FORMING A PART OF THE 208
REAL ESTATE, WHICH EASEMENTS APPURTENANT ARE IN, ON, UNDER, OR 209
ACROSS ANY PART OF THE REAL ESTATE, SHALL BE DISTURBED BY THE 210
RIGHT OF REVERSION UNTO THE STATE, SO LONG AS THE SUBDIVIDED LOT 211
TO WHICH THOSE EASEMENTS ARE APPURTENANT IS USED IN A MANNER 212
CONSISTENT WITH THE PERMITTED USES. IN ANY EVENT, THIS SECTION 213
DOES NOT APPLY TO THE REAL ESTATE DESCRIBED IN SECTION 4 OF AM. 215
H.B. 166 OF THE 115th GENERAL ASSEMBLY ON OR AFTER DECEMBER 31, 216
1999."
Section 5. That existing Section 6 of Am. H.B. 166 of the 218
115th General Assembly is hereby repealed. 219
Section 6. Within 30 days after the effective date of this 222
act, the Auditor of State shall, with the assistance of the 223
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Attorney General, prepare a Quit Claim Deed to the Institute of 224
Advanced Manufacturing Sciences, Inc., reflecting the revised use 225
restrictions as provided in Sections 2 through 5 of this act.
The deed shall be executed by the Governor, countersigned by the 227
Secretary of State, recorded in the Office of the Auditor of 228
State, and delivered to the Institute of Advanced Manufacturing 229
Sciences, Inc., which shall present the deed for recording in the 230
Office of the Hamilton County Recorder. 231
Section 7. This act expires one year after its effective 233
date.
Section 8. This act is hereby declared to be an emergency 235
measure necessary for the immediate preservation of the public 236
peace, health, and safety. The reason for such necessity is that 238
its enactment into law at the earliest possible time will enable 239
Behavioral Connections of Wood County, Inc., to proceed with 240
construction by March 1997, which is necessary to avoid rebidding 241
the project and to enable Behavioral Connections of Wood County, 242
Inc., to receive a grant of approximately one million dollars 243
from the federal Department of Housing and Urban Development to 244
construct and operate a residential facility for chronically 245
mentally ill persons and will enable the City of Cincinnati to
receive a grant from the United States Food and Drug 246
Administration. Therefore, this act shall go into immediate 248
effect.