As Passed by the Senate 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-SENATORS BLESSING-FINAN-WHITE- 9
LATTA-GARDNER-HOWARD 10
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A B I L L
To authorize the conveyance of the state's interest 14
in the restrictions and reversions imposed by 15
specified instruments to Behavioral Connections
of Wood County, Inc., an Ohio nonprofit 16
corporation, to amend Section 5 of Am. H.B. 166 17
of the 115th General Assembly, as amended by Am. 18
Sub. H.B. 636 of the 118th General Assembly, and 19
Section 6 of Am. H.B. 166 of the 115th General
Assembly to specify permissible research uses for 20
land previously conveyed by the state to the City 21
of Cincinnati and to limit the application of the 22
reversion clause in the legislation that conveyed 23
that land, and to declare an emergency.
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 Behavioral 28
Connections of Wood County, Inc., an Ohio nonprofit corporation, 29
and its successors and assigns, all of the state's right, title, 30
and interest obtained from, imposed by, or reserved on the 31
following parcels of land by instruments recorded in Volume 557, 32
Page 178 and Volume 585, Page 230, Deed Records, Wood County, 33
Ohio, and to release such parcels of land from all restrictions 34
and reversions imposed by such instruments: 35
Parcel Number 1. On which the State of Ohio reserved 37
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certain interests in, and imposed certain restrictions on, the 38
land described as follows by instrument dated July 11, 1979, 39
received for record on July 19, 1979 at 2:47 p.m. and recorded in 40
Volume 557, Page 178, Deed Records, Wood County, Ohio: 41
Situated in the City of Bowling Green, Wood County, Ohio, 43
and further described as follows: 44
Lot numbers 1754 N1/2; 1755 N1/2; 1756 N1/2 and E 43' of 46
S1/2; 1757; 1758; 1759; and 1760; 1761; 1766 and E 50' of 1767 in 47
the City of Bowling Green, Wood County, State of Ohio; said 49
parcel containing 1.496 acres more or less and subject to all 50
legal highways, right of ways, easements, and appurtenances
thereunto included. 51
Parcel Number 2. For which the Wood County Mental Health 53
Clinic, Inc., an Ohio nonprofit corporation, which merged with 54
and into Behavioral Connections of Wood County, Inc., an Ohio 55
nonprofit corporation, granted the State of Ohio a reversionary 56
interest in the following described land by instrument dated 57
December 15, 1982, received for record on March 29, 1983, at 2:46 58
p.m. and recorded in Volume 585, Page 230, Deed Records, Wood 59
County, Ohio: 60
Situated in the County of Wood, in the State of Ohio, and 62
City of Bowling Green, and bounded and described as follows: 63
South 1/2 of lots, 1754 and 1755 and the West 14' of the South 64
one-half of lot 1756.
(B) Consideration for conveyance of the rights to the 66
parcels described in division (A) of Section 1 of this act is one 67
dollar.
(C) The conveyance authorized by Section 1 of this act is 69
conditioned upon the receipt by Behavioral Connections of Wood 71
County, Inc., of a grant from the federal Department of Housing 73
and Urban Development to construct a residential facility for
chronically mentally ill persons. If, within one year after the 74
effective date of this act, Behavioral Connections of Wood 75
County, Inc., has not executed an agreement with the Department 77
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of Housing and Urban Development under which Behavioral 78
Connections of Wood County, Inc., will receive the grant to
construct the facility, the interests conveyed by Section 1 of 79
this act shall immediately revert to the State without the need 81
for any further action by the State.
(D) All costs of the conveyance authorized by Section 1 of 84
this act shall be paid by Behavioral Connections of Wood County, 85
Inc.
(E) Upon receipt of the consideration described in 87
division (B) of Section 1 of this act, the Auditor of State, with 89
the assistance of the Attorney General, shall prepare a deed to 90
the real estate described in division (A) of Section 1 of this 91
act. The deed shall state the consideration and the condition
described in division (C) of Section 1 of this act. The deed 92
shall be executed by the Governor in the name of the state, 94
countersigned by the Secretary of State, sealed with the Great 95
Seal of the State, presented in the Office of the Auditor of 96
State for recording, and delivered to the grantee. The grantee 97
shall present the deed for recording in the Office of the County 98
Recorder of Wood County.
Section 2. That Section 5 of Am. H.B. 166 of the 115th 100
General Assembly, as amended by Am. Sub. H.B. 636 of the 118th 101
General Assembly, be amended to read as follows: 102
"Sec. 5. Consideration for the conveyance of the real 104
estate described in Section 4 of this act AM. H.B. 166 OF THE 107
115th GENERAL ASSEMBLY shall be the mutual benefit to the City of 108
Cincinnati and the state from the use of the real estate for 109
research and will include the application of high-technology 111
processes to product service and light manufacturing activities 112
and related business offices, prototype manufacturing related to
research activities, general business offices, and general 114
services which are intended to provide support and service to
tenants within the park. 115
AS USED IN THIS SECTION, "RESEARCH" MEANS ANY USE THAT 117
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SERVES THE PUBLIC PURPOSES OF DEVELOPING NEW KNOWLEDGE, ADVANCING 119
TECHNOLOGY, OR ENHANCING ECONOMIC GROWTH WITHIN THIS STATE, 120
INCLUDING ALL OF THE FOLLOWING USES:
(A) LABORATORIES AND TESTING OR ANALYZING FACILITIES; 123
(B) GENERAL BUSINESS OFFICE SPACE; 126
(C) MEDICAL OFFICE, CLINICAL, AND MEDICAL TREATMENT 129
FACILITIES;
(D) LIGHT MANUFACTURING AND DISTRIBUTION FACILITIES; 132
(E) ASSEMBLY OF EQUIPMENT OF COMPONENTS; 135
(F) RETAIL USE, INCLUDING ANY RESTAURANT THAT IS 138
INCIDENTAL TO AND IN SUPPORT OF THE PERMITTED USES; 139
(G) SUPPORT AND MAINTENANCE SHOPS FOR FACILITIES WITHIN 142
THE PARK;
(H) PARKING AND DRIVEWAYS INCIDENTAL TO BUILDING USE; 145
(I) UTILITIES AND WASTE DISPOSAL OR TREATMENT FACILITIES 148
ASSOCIATED WITH THE PERMITTED USES; 149
(J) CONVENTION, CONFERENCE, LECTURE, AND MEETING 152
FACILITIES, OVERNIGHT GUEST ACCOMMODATIONS, OR LIBRARY OR OTHER 153
EDUCATIONAL SUPPORT FACILITIES; 154
(K) GENERAL SERVICES THAT ARE INTENDED TO PROVIDE SUPPORT 157
AND SERVICE TO OWNERS, TENANTS, AND OTHER OCCUPANTS OF THE REAL 158
ESTATE AND THEIR INVITEES, INCLUDING CONFERENCE CENTERS, DAY-CARE 159
CENTERS, RESTAURANTS, AUTOMATED TELLER MACHINES, AND SIMILAR USES 160
IF SUCH USES ARE CONDUCTED PRIMARILY FOR THE CONVENIENCE OF 161
OWNERS, TENANTS, AND OTHER OCCUPANTS OF THE REAL ESTATE AND THEIR 162
INVITEES; 163
(L) DEVELOPMENT OF PACKAGING AND MARKETING CONCEPTS, 166
DESIGN AND DEVELOPMENT OF PACKAGING EQUIPMENT AND PROCESSES AND 167
PACKAGING AND DISTRIBUTION FACILITIES, AND TELEMARKETING AND 168
MARKET RESEARCH."
Section 3. That existing Section 5 of Am. H.B. 166 of the 170
115th General Assembly, as amended by Am. Sub. H.B. 636 of the 171
118th General Assembly, is hereby repealed. 172
Section 4. That Section 6 of Am. H.B. 166 of the 115th 174
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General Assembly be amended to read as follows: 175
"Sec. 6. The real estate conveyed by Sections 4 to 8 of 177
this act AM. H.B. 166 OF THE 115th GENERAL ASSEMBLY shall be used 180
exclusively for the purpose of high technology research AS 181
DEFINED IN SECTION 5 OF AM. H.B. 166 OF THE 115th GENERAL 183
ASSEMBLY, AS AMENDED BY AM. SUB. H.B. 636 OF THE 118th GENERAL 185
ASSEMBLY AND BY SUB. H.B. 55 OF THE 122nd GENERAL ASSEMBLY, and 187
upon the termination of the use of the real estate for this 188
purpose, all right, title, and interest in the real estate 189
described in Section 4 of this act AM. H.B. 166 OF THE 115th 191
GENERAL ASSEMBLY shall revert to the state. 192
WITH RESPECT TO THE REAL ESTATE DESCRIBED IN SECTION 4 OF 195
AM. H.B. 166 OF THE 115th GENERAL ASSEMBLY, TO THE EXTENT THAT 196
ANY SUBDIVIDED LOT THAT IS A PART OF THE REAL ESTATE IS USED FOR 197
A PURPOSE OTHER THAN THE PERMITTED USES DEFINED IN SECTION 5 OF 199
AM. H.B. 166 OF THE 115th GENERAL ASSEMBLY, AS AMENDED BY AM. 200
SUB. H.B. 636 OF THE 118th GENERAL ASSEMBLY AND BY SUB. H.B. 55 202
OF THE 122nd GENERAL ASSEMBLY, ALL RIGHT, TITLE, AND INTEREST IN 204
THAT SUBDIVIDED LOT SHALL REVERT TO THE STATE. SUCH REVERSIONS,
HOWEVER, SHALL NOT AFFECT ANY OTHER SUBDIVIDED LOT FORMING A PART 206
OF THE REAL ESTATE, SO LONG AS THAT OTHER SUBDIVIDED LOT IS USED 207
IN A MANNER CONSISTENT WITH THE PERMITTED USES. FURTHER, NO 208
EASEMENTS APPURTENANT TO ANY SUBDIVIDED LOT FORMING A PART OF THE 209
REAL ESTATE, WHICH EASEMENTS APPURTENANT ARE IN, ON, UNDER, OR 210
ACROSS ANY PART OF THE REAL ESTATE, SHALL BE DISTURBED BY THE 211
RIGHT OF REVERSION UNTO THE STATE, SO LONG AS THE SUBDIVIDED LOT 212
TO WHICH THOSE EASEMENTS ARE APPURTENANT IS USED IN A MANNER 213
CONSISTENT WITH THE PERMITTED USES. IN ANY EVENT, THIS SECTION 214
DOES NOT APPLY TO THE REAL ESTATE DESCRIBED IN SECTION 4 OF AM. 216
H.B. 166 OF THE 115th GENERAL ASSEMBLY ON OR AFTER DECEMBER 31, 217
1999."
Section 5. That existing Section 6 of Am. H.B. 166 of the 219
115th General Assembly is hereby repealed. 220
Section 6. Within 30 days after the effective date of this 223
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act, the Auditor of State shall, with the assistance of the 224
Attorney General, prepare a Quit Claim Deed to the Institute of 225
Advanced Manufacturing Sciences, Inc., reflecting the revised use 226
restrictions as provided in Sections 2 through 5 of this act.
The deed shall be executed by the Governor, countersigned by the 228
Secretary of State, recorded in the Office of the Auditor of 229
State, and delivered to the Institute of Advanced Manufacturing 230
Sciences, Inc., which shall present the deed for recording in the 231
Office of the Hamilton County Recorder. 232
Section 7. This act expires one year after its effective 234
date.
Section 8. This act is hereby declared to be an emergency 236
measure necessary for the immediate preservation of the public 237
peace, health, and safety. The reason for such necessity is that 239
its enactment into law at the earliest possible time will enable 240
Behavioral Connections of Wood County, Inc., to proceed with 241
construction by March 1997, which is necessary to avoid rebidding 242
the project and to enable Behavioral Connections of Wood County, 243
Inc., to receive a grant of approximately one million dollars 244
from the federal Department of Housing and Urban Development to 245
construct and operate a residential facility for chronically 246
mentally ill persons and will enable the City of Cincinnati to
receive a grant from the United States Food and Drug 247
Administration. Therefore, this act shall go into immediate 249
effect.