As Passed by the Senate 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, to authorize the conveyance of
approximately 1.5 acres of real estate of the 17
Department of Natural Resources in Erie County to 18
the Kelleys Island Board of Education, and to
declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. (A) The Governor is hereby authorized to 21
execute a deed in the name of the state conveying to the 22
Community Improvement Corporation of Springfield and Clark County 23
(the Community Improvement Corporation) and its successors and 24
assigns all of the state's right, title, and interest in the 25
following described real estate located in Clark County and known 27
as the Springfield Post of the State Highway Patrol:
Situated in the State of Ohio, County of Clark, and in 29
Springfield Township, and being part of the Southwest Quarter of 30
Section 5, Town 5, Range 9, M.R.S. and bounded and described as 31
follows:
Beginning at a concrete marker in the South right of way line of 33
United States Route Number Forty (40) Sixty (60) feet south of 34
2
and at right angles to Station Nine Hundred Twenty-six (926) plus 35
Fifty-three and nine tenths (53.9) feet in the centerline of a 36
Survey made by the Ohio State Department of Highways and recorded 37
in Book seven (7) Page Seventy-four (74) of the Clark County 38
Records. Said marker also being the intersection of the Section
Line between Section 5, Town 5, Range 9, and Section 11, Town 5, 39
Range 9 with said South Right of Way line of United States Route 40
Number Forty (40).
Thence in a northerly direction with the Section line between 42
Section 5, Town 5, Range 9 and Section 11, Town 5, Range 9, for a 43
distance of One Hundred twenty-five and two tenths (125.2) feet 44
to a point in the Centerline of the old U.S. Route forty (40) as 45
it existed prior to the construction of State Highway Project No. 46
570 in 1948 and which is now the centerline of the West Bound 47
traffic lanes of U.S. Route forty (40) said point being
Sixty-five (65) feet north of and at right angles to Station nine 48
hundred twenty-six (926) plus Sixty-one and four tenths (61.4) 49
feet in the centerline of the aforesaid Survey; thence in an 50
Easterly direction with the old Centerline of USR forty (40) Two 51
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 52
angles to Station nine hundred twenty-eight (928) plus Sixty-one 53
and four tenths (61.4) feet in the centerline of the aforesaid 54
Survey; thence in a Southerly direction and parallel to the said 55
Section line between Section 5, Town 5, Range 9 and Section 11, 56
Town 5, Range 9 for a distance of Three hundred forty-four (344) 57
feet to a concrete monument, said line intersecting the present 58
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 59
angles to, Station Nine Hundred Twenty-eight (928) plus 60
fifty-three and nine tenths (53.9) feet in the centerline of said 61
Survey; thence in a Westerly direction parallel to the said South 62
Right of Way line of USR forty (40), for a distance of Two 63
hundred (200) feet to a concrete monument in the said Section
3
Line between Section 5, Town 5, Range 9 and Section 11, Town 5, 64
Range 9, said point being two hundred and eighteen and eight 65
tenths (218.8) feet south of the point of beginning; thence in a 66
Northerly direction with said Section Line for a distance of Two 67
Hundred eighteen and eight tenths (218.8) feet to the point of 68
beginning.
Containing One and Fifty-seven hundredths (1.57) Acres, more or 70
less, of which the present highway USR 40 occupies Fifty seven 71
hundredths (0.57) acres leaving One (1) Acre, more or less. 72
All stationing referred to in the foregoing being the station 74
numbers as stipulated in the hereinbefore mentioned Survey as 75
shown by plans on file in the Department of Highways, Columbus, 76
Ohio.
Being part of the same premises conveyed to Gustavus C. Titus by 78
deed of Harley L. Titus et al dated January 31, 1902 and recorded 79
in volume 136, page 283, Deed Records, Clark County, Ohio. 80
(B) The State Highway Patrol may, at its discretion, prior 82
to the conveyance of the real estate described in division (A) of 83
this section, remove from that real estate the generator, plus 84
any other equipment to which the State Highway Patrol and the 85
Community Improvement Corporation agree in writing. 86
(C) The State Highway Patrol shall, following the 88
conveyance of the real estate described in division (A) of this 89
section, remove any and all underground storage tanks on the real 91
estate and provide the Community Improvement Corporation with a 92
no further action letter issued for the real estate under Chapter
3746. of the Revised Code and rules adopted under that chapter. 93
(D) Consideration for the conveyance of the real estate 95
described in division (A) of this section is the conveyance to 96
the state of a parcel of real estate together with improvements 97
located thereon, including a building to be constructed as 98
specified in division (E) of this section, and further described 99
as follows: 100
Situate in the State of Ohio, County of Clark, and within 102
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the corporate limits of the City of Springfield, and being part 103
of lot #18320, as numbered and designated on the plat of 104
PrimeOhio Corporate Park recorded book 15 page 24 of the plat 105
records of Clark County, Ohio and being described as follows:
Beginning at a 5/8" re-bar (found) at the original 107
northwesterly corner of lot 18320, as numbered and designated on 108
PrimeOhio Corporate Park recorded book 15 page 24 of the plat 109
records of Clark County, Ohio;
thence with the south line of Gateway Boulevard, North 50 111
degrees 06 minutes 22 seconds East, 15.18 feet to a point of 113
curvature;
thence continuing with the south line of said Gateway 115
Boulevard, and along a curve to the right having a radius of 116
612.03 feet and a chord which bears North 69 degrees 42 minutes 117
10 seconds East, at 410.53 feet, an arc distance of 418.65 feet 118
to a 5/8" re-bar with metal cap (set);
thence, South 0 degrees 42 minutes 27 seconds West, 910.51 120
feet to a 5/8" re-bar with metal cap (set) at the original 121
southwesterly corner of said lot 18320; 122
thence with the original westerly line of said lot 18320, 124
North 26 degrees 56 minutes 38 seconds West, 850.63 feet to the 125
point of beginning and containing 4.374 acres, subject, however, 126
to all rights-of-way, easements, and restrictions of record; 127
Being the westerly part of lot 18320, as numbered and 129
designated on the plat of PrimeOhio Corporate Park recorded book 130
15 page 24 of the plat records of Clark County, Ohio. 131
The above description is based on an actual field survey 133
dated April 9, 1996 by Terry A. Hoppes, Professional Surveyor No. 134
6352. Basis of bearings is South 84 degrees 13 minutes 37 135
seconds East, on the centerline of Gateway Boulevard. 136
(E) The Superintendent of the State Highway Patrol shall 139
negotiate and enter into a contract with the Community
Improvement Corporation under which the Community Improvement 140
Corporation shall construct on the real estate described in 141
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division (D) of this section a building containing approximately 142
five thousand square feet to be used by the State Highway Patrol 143
as a patrol post. The building shall be constructed and 144
completed prior to the conveyance of that real estate and shall 145
be conveyed as an improvement to that real estate pursuant to 146
division (D) of this section. 147
(F) The Superintendent of the State Highway Patrol shall 149
negotiate, pursuant to the authority granted the Superintendent 150
in division (G) of section 5503.02 of the Revised Code, an amount 152
that the State Highway Patrol shall pay to the Community
Improvement Corporation upon the conveyance of the real estate 153
described in division (D) of this section, and the amount shall 154
represent the cost of the building to be constructed thereon as 155
described in division (E) of this section. 156
(G) The State Highway Patrol shall pay to the Community 158
Improvement Corporation the amount negotiated pursuant to 159
division (F) of this section. The amount may be paid from unused 161
funds that remain in the State Highway Safety Fund Group (036) 162
within line items 036-CAP-052, 036-CAP-050, and 036-764-033. 163
Transfers of funds shall be made by the Director of Budget and 164
Management upon the request of the Superintendent of the State 165
Highway Patrol from unused appropriations in the foregoing line 166
items as are necessary for the State Highway Patrol to make 167
payments to the Community Improvement Corporation pursuant to 168
this division.
(H) The Community Improvement Corporation shall submit the 170
construction of the building described in division (E) of this 171
section for competitive bidding in accordance with the 172
competitive bidding process as adopted by the Community 173
Improvement Corporation. 174
(I) Upon conveyance to the state of the real estate 176
described in division (D) of this section, to include the 177
building described in division (E) of this section, the Auditor 178
of State, with the assistance of the Attorney General, shall 179
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prepare a deed to the real estate described in division (A) of 180
this section. The deed shall state the consideration. The deed 181
shall be executed by the Governor in the name of the state, 182
countersigned by the Secretary of State, sealed with the Great 184
Seal of the State, presented in the Office of the Auditor of 186
State for recording, and delivered to the Community Improvement 187
Corporation. The Community Improvement Corporation shall present 188
the deed for recording in the Office of the Clark County 189
Recorder.
(J) The Community Improvement Corporation shall pay the 191
costs of the conveyance of the real estate described in division 192
(A) of this section. 193
Section 2. (A) The Governor is hereby authorized to 195
execute a deed in the name of the state conveying to Clifton W. 196
Brewster and Darla M. Brewster, husband and wife, and their heirs 197
and assigns all of the state's right, title, and interest in a 198
parcel of real estate consisting of approximately 0.463 acres, 199
located in Trumbull County, and further described as follows: 200
Situated in the State of Ohio, County of Trumbull, Township of 202
Southington and being a part of Section 49 of said Southington 203
Township and also being a part of lands owned by The Ohio State 204
Highway Patrol as recorded in the Trumbull County Recorder's 205
Official Record Volume 612, Page 221 and being further bounded 206
and described as follows:
Beginning at the point of intersection of the centerline of U.S. 208
Route 422 (200 feet in width) with the centerline of Barclay 209
Messerly Road, T.H. 123 (60 feet in width); 210
Thence S 66° 00' 00" E, along the centerline of U.S. Route 422, a 212
distance of 602.34 feet to a point at the southeasterly corner of 213
lands owned by C. & D. Brewster as recorded in the Trumbull 214
County Recorder's Official Record Volume 974, Page 826, said 215
point being the TRUE PLACE OF BEGINNING for the herein described 216
parcel of land;
Thence N 37° 08' 30" E, passing over an iron pin found at 68.82 218
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feet and along the easterly line of said Brewster lands, a total 219
distance of 170.66 feet to an iron pin set; 220
Thence S 52° 38' 30" E, a distance of 130.00 feet to an iron pin 222
set;
Thence S 37° 08' 30" W, passing over an iron pin set at 71.13 224
feet, a total distance of 139.88 feet to a point in the 225
centerline of U.S. Route 422;
Thence in a northwesterly direction, along the centerline of U.S. 227
Route 422 and along the arc of a curve to the right, a distance 228
of 41.74 feet to the P.C. of said curve, said curve having a 229
radius of 14323.95 feet, a central angle of 0° 10' 01" and a 230
chord of N 65° 54' 59" W, 41.74 feet; 231
Thence N 66° 00' 00" W, continuing along the centerline of U.S. 233
Route 422, a distance of 91.74 feet to a point, returning to the 234
True Place of Beginning and containing an area of 0.463 acres as 235
surveyed by Danny L. Wilson, P.S. Ohio 7238 in October 1996. 236
(B) Consideration for the conveyance of the real estate 238
described in division (A) of this section is a purchase price of 239
one thousand two hundred dollars. 240
(C) The grantees shall pay the costs of the conveyance. 242
(D) Upon payment of the purchase price specified in 244
division (B) of this section, the Auditor of State, with the 245
assistance of the Attorney General, shall prepare a deed to the 246
real estate described in division (A) of this section. The deed 247
shall state the consideration. The deed shall be executed by the 248
Governor in the name of the state, countersigned by the Secretary 249
of State, sealed with the Great Seal of the State, presented in 250
the Office of the Auditor of State for recording, and delivered 251
to Clifton W. Brewster and Darla M. Brewster. Clifton W. 252
Brewster and Darla M. Brewster shall present the deed for 253
recording in the Office of the Trumbull County Recorder. 254
Section 3. (A) The Governor is hereby authorized to 256
execute a deed in the name of the state conveying to the Kelleys 257
Island Board of Education in Erie County, Ohio, and its 258
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successors and assigns, all of the right, title, and interest of 259
the State of Ohio, Department of Natural Resources, in the 260
following described real estate, consisting of approximately 1.5 261
acres and located in an area known as the Kelleys Island State 262
Park: 263
Being situated in the State of Ohio, County of Erie, 265
Village of Kelleys Island, Original Lot 5, and being more 267
definitely described as follows:
Beginning at a PK nail, set, on the centerline of Ward 269
Road, marking the Northeast corner of a 2.0 acre parcel owned by 270
the Board of Education for Kelleys Island (DV 33 PG 285), said 271
point being located North 85°00'00" East along the centerline of 272
Ward Road a distance of 285.37 feet from a railroad spike, found, 273
marking its intersection with the centerline of Division Street, 274
said point being the PRINCIPAL PLACE OF BEGINNING;
(1) Thence North 85°00'00" East continuing along the 276
centerline of Ward Road a distance of 204.95 feet to a PK nail, 277
set;
(2) Thence South 00°31'30" East passing through a 1/2" 279
iron pin, set on the South right-of-way line of Ward Road, a 280
distance of 330.82 feet to a 1/2" iron pin, set; 281
(3) Thence North 88°49'41" West a distance of 204.41 feet 283
to a 3/4" iron pipe, found, marking the Southeast corner of said 284
Board of Education parcel;
(4) Thence North 00°31'30" West along said Board of 286
Education parcel, passing through a 3/4" iron pin, found, in 287
concrete, on the South right-of-way line of Ward Road, a distance 288
of 308.78 feet to a PK nail, set, on the centerline of said road 289
and the PRINCIPAL PLACE OF BEGINNING, containing 1.5000 acres, 290
more or less, but being subject to all legal highways, easements 291
and restrictions of record.
The above description was prepared from an actual survey by 293
Daniel E. Hartung Jr., Professional Surveyor No. 5667 in July 294
1997. The bearings were assumed only for the purpose of 295
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indicating angles.
(B) Consideration for conveyance of the real estate 297
described in division (A) of this section is the mutual benefit 298
accruing to the state and to the Kelleys Island Board of 299
Education by having the real estate used for educational 300
purposes. 301
(C) The conveyance described in division (A) of this 303
section is subject to the condition that the grantee shall use 304
the real estate for public purposes. If the grantee ceases to 305
use the real estate for public purposes, all right, title, and 306
interest in the real estate shall immediately revert to the State 307
of Ohio, Department of Natural Resources. This condition shall 308
not preclude the Board of Education from using the real estate as 309
a site for the construction of facilities related to the 310
educational program or for construction of an addition to the 311
existing school building. 312
(D) The conveyance described in division (A) of this 314
section is subject to the condition that the real estate be 315
available to the public without discrimination on the basis of 316
nationality, race, religion, color, sex, age, or handicap, 317
subject to the same rules and regulations under which the 318
existing school grounds are governed and may be governed, 319
pursuant to rules and regulations the Kelleys Island Board of 320
Education has adopted or may at any time adopt. 321
(E) The costs of the conveyance described in division (A) 323
of this section shall be paid by the Kelleys Island Board of 324
Education. 325
(F) Within one year after the effective date of this act, 328
the Auditor of State, with the assistance of the Attorney
General, shall prepare a deed to the real estate described in 329
division (A) of this section. The deed shall state the 330
consideration and shall state the conditions specified in 331
divisions (C) and (D) of this section. The deed shall be 332
executed by the Governor in the name of the state, countersigned 333
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by the Secretary of State, sealed with the Great Seal of the 335
State, presented in the Office of the Auditor of State for 336
recording, and delivered to the grantee. The grantee shall 337
present the deed for recording in the Office of the Erie County 338
Recorder. 339
Section 4. Section 1 of this act expires three years after 341
its effective date. Sections 2 and 3 of this act expire one year 342
after its effective date. 343
Section 5. This act is hereby declared to be an emergency 345
measure necessary for the immediate preservation of the public 346
peace, health, and safety. The reason for the necessity is that 347
the negotiations and construction authorized by Section 1 of this 349
act need to proceed at the earliest possible time to enable the 350
Community Improvement Corporation to construct and the State
Highway Patrol to receive the new building as soon as practicable 352
to the benefit of the State Highway Patrol and the citizens of 353
Ohio, so that the conveyance contemplated in Section 2 of this 354
act can proceed at the earliest possible time to enable the State 355
Highway Patrol to receive the funds as soon as practicable and 356
the conveyance to proceed in a manner similar to real estate 357
conveyances in the private market, and so that the conveyance
contemplated in Section 3 of this act can proceed at the earliest 358
possible time so the Kelleys Island Board of Education can 359
receive the property as soon as practicable to enable the Board 360
to prepare a bond levy for the May primary election to finance 361
improvements on that property. Therefore, this act shall go into 362
immediate effect.