As Reported by the Senate Judiciary Committee 1
122nd General Assembly 4
Regular Session Am. S. B. No. 188 5
1997-1998 6
SENATORS KEARNS-LATTA-BLESSING-LATELL 8
10
A B I L L
To authorize the conveyance of a parcel of real 12
estate located in Clark County and known as the 13
Springfield Post of the State Highway Patrol to
the Community Improvement Corporation of 14
Springfield and Clark County, to authorize the
conveyance of a parcel of real estate located in 15
Trumbull County to Clifton W. Brewster and Darla 16
M. Brewster, and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17
Section 1. (A) The Governor is hereby authorized to 19
execute a deed in the name of the state conveying to the 20
Community Improvement Corporation of Springfield and Clark County 21
(the Community Improvement Corporation) and its successors and 22
assigns all of the state's right, title, and interest in the 23
following described real estate located in Clark County and known 25
as the Springfield Post of the State Highway Patrol:
Situated in the State of Ohio, County of Clark, and in 27
Springfield Township, and being part of the Southwest Quarter of 28
Section 5, Town 5, Range 9, M.R.S. and bounded and described as 29
follows:
Beginning at a concrete marker in the South right of way line of 31
United States Route Number Forty (40) Sixty (60) feet south of 32
and at right angles to Station Nine Hundred Twenty-six (926) plus 33
Fifty-three and nine tenths (53.9) feet in the centerline of a 34
Survey made by the Ohio State Department of Highways and recorded 35
in Book seven (7) Page Seventy-four (74) of the Clark County 36
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Records. Said marker also being the intersection of the Section
Line between Section 5, Town 5, Range 9, and Section 11, Town 5, 37
Range 9 with said South Right of Way line of United States Route 38
Number Forty (40).
Thence in a northerly direction with the Section line between 40
Section 5, Town 5, Range 9 and Section 11, Town 5, Range 9, for a 41
distance of One Hundred twenty-five and two tenths (125.2) feet 42
to a point in the Centerline of the old U.S. Route forty (40) as 43
it existed prior to the construction of State Highway Project No. 44
570 in 1948 and which is now the centerline of the West Bound 45
traffic lanes of U.S. Route forty (40) said point being
Sixty-five (65) feet north of and at right angles to Station nine 46
hundred twenty-six (926) plus Sixty-one and four tenths (61.4) 47
feet in the centerline of the aforesaid Survey; thence in an 48
Easterly direction with the old Centerline of USR forty (40) Two 49
Hundred (200) feet to a point in said Old Centerline of USR forty
(40) said point being Sixty-five (65) feet North of and at right 50
angles to Station nine hundred twenty-eight (928) plus Sixty-one 51
and four tenths (61.4) feet in the centerline of the aforesaid 52
Survey; thence in a Southerly direction and parallel to the said 53
Section line between Section 5, Town 5, Range 9 and Section 11, 54
Town 5, Range 9 for a distance of Three hundred forty-four (344) 55
feet to a concrete monument, said line intersecting the present 56
South Right of Way line of USR Forty (40) at a concrete monument
in said Right of Way line Sixty (60) feet South of, and at right 57
angles to, Station Nine Hundred Twenty-eight (928) plus 58
fifty-three and nine tenths (53.9) feet in the centerline of said 59
Survey; thence in a Westerly direction parallel to the said South 60
Right of Way line of USR forty (40), for a distance of Two 61
hundred (200) feet to a concrete monument in the said Section
Line between Section 5, Town 5, Range 9 and Section 11, Town 5, 62
Range 9, said point being two hundred and eighteen and eight 63
tenths (218.8) feet south of the point of beginning; thence in a 64
Northerly direction with said Section Line for a distance of Two 65
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Hundred eighteen and eight tenths (218.8) feet to the point of 66
beginning.
Containing One and Fifty-seven hundredths (1.57) Acres, more or 68
less, of which the present highway USR 40 occupies Fifty seven 69
hundredths (0.57) acres leaving One (1) Acre, more or less. 70
All stationing referred to in the foregoing being the station 72
numbers as stipulated in the hereinbefore mentioned Survey as 73
shown by plans on file in the Department of Highways, Columbus, 74
Ohio.
Being part of the same premises conveyed to Gustavus C. Titus by 76
deed of Harley L. Titus et al dated January 31, 1902 and recorded 77
in volume 136, page 283, Deed Records, Clark County, Ohio. 78
(B) The State Highway Patrol may, at its discretion, prior 80
to the conveyance of the real estate described in division (A) of 81
this section, remove from that real estate the generator, plus 82
any other equipment to which the State Highway Patrol and the 83
Community Improvement Corporation agree in writing. 84
(C) The State Highway Patrol shall, following the 86
conveyance of the real estate described in division (A) of this 87
section, remove any and all underground storage tanks on the real 89
estate and provide the Community Improvement Corporation with a 90
no further action letter issued for the real estate under Chapter
3746. of the Revised Code and rules adopted under that chapter. 91
(D) Consideration for the conveyance of the real estate 93
described in division (A) of this section is the conveyance to 94
the state of a parcel of real estate together with improvements 95
located thereon, including a building to be constructed as 96
specified in division (E) of this section, and further described 97
as follows: 98
Situate in the State of Ohio, County of Clark, and within 100
the corporate limits of the City of Springfield, and being part 101
of lot #18320, as numbered and designated on the plat of 102
PrimeOhio Corporate Park recorded book 15 page 24 of the plat 103
records of Clark County, Ohio and being described as follows:
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Beginning at a 5/8" re-bar (found) at the original 105
northwesterly corner of lot 18320, as numbered and designated on 106
PrimeOhio Corporate Park recorded book 15 page 24 of the plat 107
records of Clark County, Ohio;
thence with the south line of Gateway Boulevard, North 50 109
degrees 06 minutes 22 seconds East, 15.18 feet to a point of 111
curvature;
thence continuing with the south line of said Gateway 113
Boulevard, and along a curve to the right having a radius of 114
612.03 feet and a chord which bears North 69 degrees 42 minutes 115
10 seconds East, at 410.53 feet, an arc distance of 418.65 feet 116
to a 5/8" re-bar with metal cap (set);
thence, South 0 degrees 42 minutes 27 seconds West, 910.51 118
feet to a 5/8" re-bar with metal cap (set) at the original 119
southwesterly corner of said lot 18320; 120
thence with the original westerly line of said lot 18320, 122
North 26 degrees 56 minutes 38 seconds West, 850.63 feet to the 123
point of beginning and containing 4.374 acres, subject, however, 124
to all rights-of-way, easements, and restrictions of record; 125
Being the westerly part of lot 18320, as numbered and 127
designated on the plat of PrimeOhio Corporate Park recorded book 128
15 page 24 of the plat records of Clark County, Ohio. 129
The above description is based on an actual field survey 131
dated April 9, 1996 by Terry A. Hoppes, Professional Surveyor No. 132
6352. Basis of bearings is South 84 degrees 13 minutes 37 133
seconds East, on the centerline of Gateway Boulevard. 134
(E) The Superintendent of the State Highway Patrol shall 137
negotiate and enter into a contract with the Community
Improvement Corporation under which the Community Improvement 138
Corporation shall construct on the real estate described in 139
division (D) of this section a building containing approximately 140
five thousand square feet to be used by the State Highway Patrol 141
as a Patrol Post. The building shall be constructed and 142
completed prior to the conveyance of that real estate and shall 143
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be conveyed as an improvement to that real estate pursuant to 144
division (D) of this section. 145
(F) The Superintendent of the State Highway Patrol shall 147
negotiate, pursuant to the authority granted the Superintendent 148
in division (G) of section 5503.02 of the Revised Code, an amount 150
that the State Highway Patrol shall pay to the Community
Improvement Corporation upon the conveyance of the real estate 151
described in division (D) of this section, and the amount shall 152
represent the cost of the building to be constructed thereon as 153
described in division (E) of this section. 154
(G) The State Highway Patrol shall pay to the Community 156
Improvement Corporation the amount negotiated pursuant to 157
division (F) of this section. The amount may be paid from unused 159
funds that remain in the State Highway Safety Fund Group (036) 160
within line items 036-CAP-052, 036-CAP-050, and 036-764-033. 161
Transfers of funds shall be made by the Director of Budget and 162
Management upon the request of the Superintendent of the State 163
Highway Patrol from unused appropriations in the foregoing line 164
items as are necessary for the State Highway Patrol to make 165
payments to the Community Improvement Corporation pursuant to 166
this division.
(H) The Community Improvement Corporation shall submit the 168
construction of the building described in division (E) of this 169
section for competitive bidding in accordance with the 170
competitive bidding process as adopted by the Community 171
Improvement Corporation. 172
(I) Upon conveyance to the state of the real estate 174
described in division (D) of this section, to include the 175
building described in division (E) of this section, the Auditor 176
of State, with the assistance of the Attorney General, shall 177
prepare a deed to the real estate described in division (A) of 178
this section. The deed shall state the consideration. The deed 179
shall be executed by the Governor in the name of the state, 180
countersigned by the Secretary of State, sealed with the Great 182
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Seal of the State, presented in the Office of the Auditor of 184
State for recording, and delivered to the Community Improvement 185
Corporation. The Community Improvement Corporation shall present 186
the deed for recording in the Office of the Clark County 187
Recorder.
(J) The Community Improvement Corporation shall pay the 189
costs of the conveyance of the real estate described in division 190
(A) of this section. 191
Section 2. (A) The Governor is hereby authorized to 193
execute a deed in the name of the state conveying to Clifton W. 194
Brewster and Darla M. Brewster, husband and wife, and their heirs 195
and assigns all of the state's right, title, and interest in a 196
parcel of real estate consisting of approximately 0.463 acres, 197
located in Trumbull County, and further described as follows: 198
Situated in the State of Ohio, County of Trumbull, Township of 200
Southington and being a part of Section 49 of said Southington 201
Township and also being a part of lands owned by The Ohio State 202
Highway Patrol as recorded in the Trumbull County Recorder's 203
Official Record Volume 612, Page 221 and being further bounded 204
and described as follows:
Beginning at the point of intersection of the centerline of U.S. 206
Route 422 (200 feet in width) with the centerline of Barclay 207
Messerly Road, T.H. 123 (60 feet in width); 208
Thence S 66° 00' 00" E, along the centerline of U.S. Route 422, a 210
distance of 602.34 feet to a point at the southeasterly corner of 211
lands owned by C. & D. Brewster as recorded in the Trumbull 212
County Recorder's Official Record Volume 974, Page 826, said 213
point being the TRUE PLACE OF BEGINNING for the herein described 214
parcel of land;
Thence N 37° 08' 30" E, passing over an iron pin found at 68.82 216
feet and along the easterly line of said Brewster lands, a total 217
distance of 170.66 feet to an iron pin set; 218
Thence S 52° 38' 30" E, a distance of 130.00 feet to an iron pin 220
set;
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Thence S 37° 08' 30" W, passing over an iron pin set at 71.13 222
feet, a total distance of 139.88 feet to a point in the 223
centerline of U.S. Route 422;
Thence in a northwesterly direction, along the centerline of U.S. 225
Route 422 and along the arc of a curve to the right, a distance 226
of 41.74 feet to the P.C. of said curve, said curve having a 227
radius of 14323.95 feet, a central angle of 0° 10' 01" and a 228
chord of N 65° 54' 59" W, 41.74 feet; 229
Thence N 66° 00' 00" W, continuing along the centerline of U.S. 231
Route 422, a distance of 91.74 feet to a point, returning to the 232
True Place of Beginning and containing an area of 0.463 acres as 233
surveyed by Danny L. Wilson, P.S. Ohio 7238 in October 1996. 234
(B) Consideration for the conveyance of the real estate 236
described in division (A) of this section is a purchase price of 237
one thousand two hundred dollars. 238
(C) The grantees shall pay the costs of the conveyance. 240
(D) Upon payment of the purchase price specified in 242
division (B) of this section, the Auditor of State, with the 243
assistance of the Attorney General, shall prepare a deed to the 244
real estate described in division (A) of this section. The deed 245
shall state the consideration. The deed shall be executed by the 246
Governor in the name of the state, countersigned by the Secretary 247
of State, sealed with the Great Seal of the State, presented in 248
the Office of the Auditor of State for recording, and delivered 249
to Clifton W. Brewster and Darla M. Brewster. Clifton W. 250
Brewster and Darla M. Brewster shall present the deed for 251
recording in the Office of the Trumbull County Recorder. 252
Section 3. Section 1 of this act expires three years after 254
its effective date. Section 2 of this act expires one year after 255
its effective date. 256
Section 4. This act is hereby declared to be an emergency 258
measure necessary for the immediate preservation of the public 259
peace, health, and safety. The reason for the necessity is that 260
the negotiations and construction authorized by Section 1 of this 262
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act need to proceed at the earliest possible time to enable the 263
Community Improvement Corporation to construct and the State
Highway Patrol to receive the new building as soon as practicable 265
to the benefit of the State Highway Patrol and the citizens of 266
Ohio, and so that the conveyance contemplated in Section 2 of 267
this act can proceed at the earliest possible time to enable the 268
State Highway Patrol to receive the funds as soon as practicable 269
and the conveyance to proceed in a manner similar to real estate 270
conveyances in the private market. Therefore this act shall go 271
into immediate effect.