As Passed by the House                        1            

122nd General Assembly                                             4            

   Regular Session                             Sub. S. B. No. 113  5            

      1997-1998                                                    6            


            SENATORS LATTA-B. JOHNSON-BLESSING-FINAN-              8            

    REPRESENTATIVES GARCIA-O'BRIEN-GARDNER-VESPER-OPFER-OLMAN      9            


                                                                   11           

                           A   B I L L                                          

             To authorize the conveyance of state-owned real       13           

                estate in Lucas County to Community Residential    14           

                Services, Inc.; to authorize the conveyance of                  

                state-owned real estate in Ottawa County to        15           

                Ottawa Residential Services, Inc.; to authorize    16           

                the conveyance of state-owned real estate in Wood               

                County to the Wood County Mental Retardation and   17           

                Developmental Disabilities Board; and to           18           

                authorize the conveyance of state-owned real                    

                estate in Hamilton County to the Board of County   19           

                Commissioners of Hamilton County.                               




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        21           

      Section 1.  (A)  The Governor is hereby authorized to        23           

execute a deed in the name of the state conveying to Community     24           

Residential Services, Inc., located in Lucas County, and its       26           

successors and assigns, all of the state's right, title, and       27           

interest in the following described real estate, which is a                     

residence used as a group home, located in the City of Toledo in   28           

Lucas County, being those lands conveyed to the State of Ohio by   29           

Official Record 77 230C11 and 77 230C12, Recorder's Office, Lucas  30           

County, Ohio:                                                                   

      The northerly one hundred forty-five (145) feet of the       32           

southerly three hundred eleven and three-tenths (311.3) feet (as   33           

measured from the north line of Hill Avenue sixty (60) feet wide)  34           

of the east three hundred thirty (330) feet of the west one-half   35           

                                                          2      

                                                                 
(1/2) of the east one-half (1/2) of the southwest quarter (1/4)    36           

of Section two (2), Town two (2), United States Reserve of Twelve  37           

(12) Miles Square at the foot of the Rapids of the Miami of Lake   38           

Erie, in the City of Toledo, Lucas County, Ohio.                   39           

      Subject to legal highways.                                   41           

      (B)  Consideration for conveyance of the real estate         44           

described in division (A) of this section is the mutual benefit                 

accruing to the state, to Community Residential Services, Inc.,    46           

and to Lucas County by having Community Residential Services,                   

Inc., continue to operate the residential group home program and   47           

maintain the property in which the program is held.                48           

      (C)  Community Residential Services, Inc., shall use the     50           

real estate described in division (A) of this section for          51           

services for persons with mental retardation and developmental     52           

disabilities.  If Community Residential Services, Inc., ceases to  53           

use that real estate for such services, the state may reenter      54           

upon its former estate.                                            55           

      (D)  Within one year after the effective date of this        57           

section, the Auditor of State, with the assistance of the          59           

Attorney General, shall prepare a deed to the real estate.  The    61           

deed shall state the consideration set forth in division (B) of    62           

this section and the right of reentry set forth in division (C)    63           

of this section.  The deed shall be executed by the Governor in    64           

the name of the state, countersigned by the Secretary of State,    65           

sealed with the Great Seal of the State, presented in the Office   66           

of the Auditor of State for recording, and delivered to Community               

Residential Services, Inc.  Community Residential Services, Inc.,  67           

shall present the deed for recording in the Office of the Lucas    69           

County Recorder.                                                                

      (E)  Community Residential Services, Inc., shall pay the     71           

costs of the conveyance described in division (A) of this          72           

section.                                                                        

      (F)  This section expires one year after its effective       74           

date.                                                                           

                                                          3      

                                                                 
      Section 2.  (A)  The Governor is hereby authorized to        76           

execute a deed in the name of the state conveying to Ottawa        77           

Residential Services, Inc., located in Ottawa County, and its      78           

successors and assigns, all of the state's right, title, and       80           

interest in the following described real estate, which is a                     

residence used as a group home:                                    81           

      [ISection 3.  (A)  The Governor is hereby authorized to        134          

execute a deed in the name of the state conveying to the Wood      135          

County Mental Retardation and Developmental Disabilities Board,    136          

and its successors and assigns, all of the state's right, title,   137          

and interest in the following described real estate, which is a    138          

residence used as a group home, located in the Village of                       

Walbridge in Wood County, Ohio, being those lands conveyed to the  139          

State of Ohio by Deed of Record in Deed Book 537, Page 353,        140          

Recorder's Office, Wood County, Ohio:                                           

      Lot number nine hundred twenty-nine (929) in Meadowbrook     142          

Estates in the Village of Walbridge, Wood County, Ohio.            143          

      Commonly known as 300 Elm St.                                145          

      (New Parcel # H31-71204-030-7000.)                           147          

      (B)  Consideration for conveyance of the real estate         150          

described in division (A) of this section is the mutual benefit                 

accruing to the state, to the Wood County Mental Retardation and   152          

Developmental Disabilities Board, and to Wood County, by having    153          

                                                          5      

                                                                 
the Wood County Mental Retardation and Developmental Disabilities  154          

Board continue to operate the residential group home program and   155          

maintain the property in which the program is held.                156          

      (C)  Wood County Mental Retardation and Developmental        158          

Disabilities Board shall use the real estate described in          159          

division (A) of this section for services for persons with mental  160          

retardation and developmental disabilities.  If Wood County        161          

Mental Retardation and Developmental Disabilities Board ceases to  163          

use that real estate for such services, the state may reenter                   

upon its former estate.                                            164          

      (D)  Within one year after the effective date of this        166          

section, the Auditor of State, with the assistance of the          167          

Attorney General, shall prepare a deed to the real estate.  The    169          

deed shall state the consideration set forth in division (B) of    170          

this section and the right of reentry set forth in division (C)    171          

of this section.  The deed shall be executed by the Governor in    172          

the name of the state, countersigned by the Secretary of State,    173          

sealed with the Great Seal of the State, presented in the Office   174          

of the Auditor of State for recording, and delivered to the Wood                

County Mental Retardation and Developmental Disabilities Board.    175          

The Board shall present the deed for recording in the Office of    176          

the Wood County Recorder.                                                       

      (E)  The Wood County Mental Retardation and Developmental    178          

Disabilities Board shall pay the costs of the conveyance           180          

described in division (A) of this section.                         181          

      (F)  This section expires one year after its effective       183          

date.                                                                           

      Section 4.  (A)  The Governor is hereby authorized to        185          

execute a deed in the name of the state conveying to the Board of  186          

County Commissioners of Hamilton County and its successors and     188          

assigns, all of the state's right, title, and interest in the      189          

following described real estate, known as the Millcreek            190          

Children's Hospital site:                                                       

      SITUATED IN SECTION 12, TOWN 3, FRACTIONAL RANGE 2, MIAMI    192          

                                                          6      

                                                                 
PURCHASE, MILLCREEK TOWNSHIP, CITY OF CINCINNATI, HAMILTON         193          

COUNTY, STATE OF OHIO, AND BEING THE MILLCREEK PSYCHIATRIC CENTER  194          

FOR CHILDREN, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;    195          

      BEGINNING AT A POINT IN THE WEST RIGHT OF WAY LINE OF        197          

PADDOCK ROAD (WEST RIGHT OF WAY LINE 40.00 FEET WEST OF THE        198          

CENTERLINE OF PADDOCK ROAD) AT THE NORTH RIGHT OF WAY LINE OF      199          

TOWANDA TERRACE, SAID POINT BEING ALSO THE SOUTHEAST CORNER OF     200          

LOT NO. 4, MAKETEWAH VIEW SUBDIVISION, RECORDED IN PLAT BOOK 33,   201          

PAGES 82 & 83, HAMILTON COUNTY RECORDER'S OFFICE,                               

      THENCE NORTH 4 DEGREES 05 MINUTES 13 SECONDS EAST ALONG THE  203          

WEST RIGHT OF WAY LINE OF PADDOCK ROAD (WEST RIGHT OF WAY LINE     204          

40.00 FEET WEST OF THE CENTERLINE OF PADDOCK ROAD) AND THE EAST    205          

LINE OF SAID LOT NO. 4 A DISTANCE OF 65.00 FT. TO THE NORTHEAST    206          

CORNER OF SAID LOT NO 4 AND THE NORTH RIGHT OF WAY LINE OF         207          

PADDOCK ROAD,                                                                   

      THENCE SOUTH 82 DEGREES 40 MINUTES 47 SECONDS EAST ALONG     209          

THE NORTH RIGHT OF WAY OF PADDOCK ROAD A DISTANCE OF 10.02 FT. TO  210          

THE WEST RIGHT OF WAY LINE OF PADDOCK ROAD (WEST RIGHT OF WAY      211          

LINE 30.00 FEET WEST OF THE CENTERLINE OF PADDOCK ROAD),           212          

      THENCE NORTH 4 DEGREES 05 MINUTES 13 SECONDS EAST ALONG THE  214          

WEST RIGHT OF WAY LINE OF PADDOCK ROAD (WEST RIGHT OF LINE 30.00   215          

FEET WEST OF THE CENTERLINE OF PADDOCK ROAD) A DISTANCE OF 70.00   216          

FT. TO A CROSS NOTCH SET AT THE NORTH LINE OF LOT NO. 3, ESTATE    217          

OF M. KUHL AND J.W. SPRONG AS RECORDED IN PLAT 2 BOOK, PAGE 203,   218          

HAMILTON COUNTY RECORDER'S OFFICE, THE REAL PLACE OF BEGINNING                  

FOR THIS CONVEYANCE,                                               219          

      THENCE NORTH 82 DEGREES 40 MINUTES 47 SECONDS WEST ALONG     221          

THE NORTH LINE OF SAID LOT 3 (PASSING A SET 5/8" IRON PIN AT       222          

55.60 FT. AND PASSING A SET 5/8" IRON PIN AT 127.87 FT.) A         224          

DISTANCE OF 169.96 FT. TO THE NORTHEAST CORNER OF LOT NO. 5,                    

MAKETEWAH VIEW SUBDIVISION AS RECORDED IN PLAT BOOK 33, PAGES 82   225          

& 83, HAMILTON COUNTY RECORDER'S OFFICE,                           226          

      THENCE NORTH 82 DEGREES 40 MINUTES 47 SECONDS WEST ALONG     228          

THE NORTH LINE OF MAKETEWAH VIEW SUBDIVISION AS RECORDED IN PLAT   229          

                                                          7      

                                                                 
BOOK 33, PAGES 82 & 83, HAMILTON COUNTY RECORDER'S OFFICE          230          

(PASSING A SET 5/8" IRON PIN AT 231.39' FT., PASSING A SET 5/8"    231          

IRON PIN AT 389.13 FT., PASSING A SET 5/8" IRON PIN AT 733.85      232          

FT.) A DISTANCE OF 797.45 FT. TO A SET 5/8" IRON PIN AT THE                     

NORTHWEST CORNER OF LOT NO. 17 MAKETEWAH VIEW SUBDIVISION AS       234          

RECORDED IN PLAT BOOK 33, PAGES 82 & 83 (SAID POINT BEING ALSO     235          

NORTHEAST CORNER OF LOT NO.1, MAKETEWAH SUBDIVISION, 1ST SECTION   236          

AS RECORDED IN PLAT BOOK 37, PAGE 31, HAMILTON COUNTY RECORDER'S                

OFFICE,                                                            237          

      THENCE NORTH 82 DEGREES 40 MINUTES 47 SECONDS WEST ALONG     239          

THE NORTH LINE OF MAKETEWAH SUBDIVISION, 1ST SECTION AS RECORDED   240          

IN PLAT BOOK 37, PAGE 31, HAMILTON COUNTY RECORDER'S OFFICE        241          

(PASSING A SET 5/8" IRON PIN AT 240.79 FT.) A DISTANCE OF 487.62   242          

FT. TO A SET 5/8" IRON PIN AT THE NORTHWEST CORNER OF LOT NO. 10,  243          

MAKETEWAH SUBDIVISION, 1ST SECTION (SAID POINT BEING ALSO THE                   

NORTH RIGHT OF WAY LINE OF I-75 (HAM.4W-7.81-MILLCREEK             244          

EXPRESSWAY),                                                                    

      THENCE NORTH 82 DEGREES 40 MINUTES 47 SECONDS WEST ALONG     246          

THE NORTH RIGHT OF WAY LINE OF I-75 (HAM 4W-7.81-MILLCREEK         247          

EXPRESSWAY) A DISTANCE OF 28.14 FT. TO A SET IRON PIN AT THE       248          

EASTERLY RIGHT OF WAY LINE OF I-75 (HAM-4W-MILLCREEK EXPRESSWAY),  249          

      THENCE NORTHEASTWARDLY ALONG THE EASTERLY RIGHT OF WAY LINE  251          

OF I-75 (HAM-4W-7.81-MILLCREEK EXPRESSWAY) THE FOLLOWING FOUR      252          

COURSES,                                                                        

      1) NORTH 14 DEGREES 57 MINUTES 14 SECONDS EAST A DISTANCE    254          

OF 374.15 FT. TO A SET 5/8" IRON PIN,                              255          

      2) NORTH 28 DEGREES 19 MINUTES 06 SECONDS EAST A DISTANCE    257          

OF 102.00 FT. TO A SET 5/8" IRON PIN,                              258          

      3) NORTH 11 DEGREES 17 MINUTES 39 SECONDS EAST A DISTANCE    260          

OF 301.53 FT. TO A SET 5/8" IRON PIN,                              261          

      4) NORTH 17 DEGREES 37 MINUTES 39 SECONDS EAST A DISTANCE    263          

OF 42.13 FT. TO A SET 5/8" IRON PIN AT THE SOUTH RIGHT OF WAY      264          

LINE OF 66TH STREET,                                                            

      THENCE SOUTH 80 DEGREES 57 MINUTES 27 SECONDS EAST ALONG     266          

                                                          8      

                                                                 
THE SOUTH RIGHT OF WAY LINE OF 66TH STREET A DISTANCE OF 1325.67   267          

FT. TO THE WEST RIGHT OF WAY LINE OF PADDOCK ROAD,                 268          

      THENCE SOUTH 4 DEGREES 05 MINUTES 13 SECONDS WEST ALONG THE  270          

WEST RIGHT OF WAY LINE OF PADDOCK ROAD (WEST RIGHT OF WAY LINE     271          

30.00 FT. WEST OF THE CENTERLINE OF PADDOCK ROAD) (PASSING A SET   272          

5/8" IRON PIN AT 1.00 FT.) A DISTANCE OF 769.70 FT. TO THE PLACE   273          

OF BEGINNING.                                                                   

CONTAINING 25.360 ACRES.                                           275          

BASIS FOR BEARINGS USED IN DESCRIPTION -R/W SHEETS 257, 264, 265   277          

I-75, MILLCREEK EXPRESSWAY, HAM. 4W-781                            279          

BEING PART OF THE PREMISES CONVEYED TO THE GRANTOR HEREIN AS       282          

RECORDED IN DEED BOOK 2279 PAGE 583-585, HAMILTON COUNTY                        

RECORDER'S OFFICE.                                                 283          

DESCRIPTION PREPARED BY NORBERT E. KOOPMAN, 3640 EPWORTH AVENUE,   285          

CINCINNATI, OHIO, 45211, REGISTRATION NUMBER 4417, STATE OF OHIO.  286          

      (B)  Consideration for conveyance of the real estate         288          

described in division (A) of this section is a purchase price of   289          

one million five hundred thousand dollars and no cents             290          

($1,500,000.00).                                                                

      (C)  The proceeds of the conveyance of the real estate       292          

described in division (A) of this section shall be deposited into  293          

the state treasury to the credit of the Mental Health Facilities   294          

Improvement Fund (Fund 033), created by division (F) of section    295          

154.20 of the Revised Code, to retire any bond issued by the       296          

state of Ohio for the facilities located on the real estate        297          

described in division (A) of this section.  If any of the          298          

proceeds remain after payment of all interest, principal, and      299          

charges for the issuance and retirement of the bonds, the          300          

remaining proceeds shall be credited to the Department of Mental   301          

Health Trust Fund, created by section 5119.18 of the Revised       302          

Code.                                                                           

      (D)  The Board of County Commissioners of Hamilton County    304          

shall pay the costs of the conveyance of the real estate           306          

described in division (A) of this section.                                      

                                                          9      

                                                                 
      (E)  Upon payment of the purchase price by the Board of      308          

County Commissioners of Hamilton County, the Auditor of State,     310          

with the assistance of the Attorney General, shall prepare a deed  311          

to the real estate.  The deed shall state the consideration.  The  312          

deed shall be executed by the Governor in the name of the state,   313          

countersigned by the Secretary of State, sealed with the Great     315          

Seal of the State, presented in the Office of the Auditor of       316          

State for recording, and delivered to the Board of County          317          

Commissioners of Hamilton County.  The Board of County             318          

Commissioners of Hamilton County shall present the deed for        319          

recording in the Office of the Hamilton County Recorder.           320          

      (F)  This section expires one year after its effective       322          

date.                                                              323