As Passed by the House 1
122nd General Assembly 4
Regular Session Am. S. B. No. 188 5
1997-1998 6
SENATORS KEARNS-LATTA-BLESSING-LATELL- 8
REPRESENTATIVES MEAD-GARCIA-BRITTON-O'BRIEN-WINKLER-OPFER- 9
HARTLEY-HAINES-REID-LOGAN-GRENDELL-HOUSEHOLDER-BENDER-MOTTL 10
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A B I L L
To authorize the conveyance of a parcel of real 14
estate located in Clark County and known as the 15
Springfield Post of the State Highway Patrol to
the Community Improvement Corporation of 16
Springfield and Clark County, to authorize the
conveyance of a parcel of real estate located in 17
Trumbull County to Clifton W. Brewster and Darla 18
M. Brewster, to authorize the conveyance of
approximately 1.5 acres of real estate of the 19
Department of Natural Resources in Erie County to 20
the Kelleys Island Board of Education, and to
declare an emergency.
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 the 24
Community Improvement Corporation of Springfield and Clark County 25
(the Community Improvement Corporation) and its successors and 26
assigns all of the state's right, title, and interest in the 27
following described real estate located in Clark County and known 29
as the Springfield Post of the State Highway Patrol:
Situated in the State of Ohio, County of Clark, and in 31
Springfield Township, and being part of the Southwest Quarter of 32
Section 5, Town 5, Range 9, M.R.S. and bounded and described as 33
follows:
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Beginning at a concrete marker in the South right of way line of 35
United States Route Number Forty (40) Sixty (60) feet south of 36
and at right angles to Station Nine Hundred Twenty-six (926) plus 37
Fifty-three and nine tenths (53.9) feet in the centerline of a 38
Survey made by the Ohio State Department of Highways and recorded 39
in Book seven (7) Page Seventy-four (74) of the Clark County 40
Records. Said marker also being the intersection of the Section
Line between Section 5, Town 5, Range 9, and Section 11, Town 5, 41
Range 9 with said South Right of Way line of United States Route 42
Number Forty (40).
Thence in a northerly direction with the Section line between 44
Section 5, Town 5, Range 9 and Section 11, Town 5, Range 9, for a 45
distance of One Hundred twenty-five and two tenths (125.2) feet 46
to a point in the Centerline of the old U.S. Route forty (40) as 47
it existed prior to the construction of State Highway Project No. 48
570 in 1948 and which is now the centerline of the West Bound 49
traffic lanes of U.S. Route forty (40) said point being
Sixty-five (65) feet north of and at right angles to Station nine 50
hundred twenty-six (926) plus Sixty-one and four tenths (61.4) 51
feet in the centerline of the aforesaid Survey; thence in an 52
Easterly direction with the old Centerline of USR forty (40) Two 53
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 54
angles to Station nine hundred twenty-eight (928) plus Sixty-one 55
and four tenths (61.4) feet in the centerline of the aforesaid 56
Survey; thence in a Southerly direction and parallel to the said 57
Section line between Section 5, Town 5, Range 9 and Section 11, 58
Town 5, Range 9 for a distance of Three hundred forty-four (344) 59
feet to a concrete monument, said line intersecting the present 60
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 61
angles to, Station Nine Hundred Twenty-eight (928) plus 62
fifty-three and nine tenths (53.9) feet in the centerline of said 63
Survey; thence in a Westerly direction parallel to the said South 64
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Right of Way line of USR forty (40), for a distance of Two 65
hundred (200) feet to a concrete monument in the said Section
Line between Section 5, Town 5, Range 9 and Section 11, Town 5, 66
Range 9, said point being two hundred and eighteen and eight 67
tenths (218.8) feet south of the point of beginning; thence in a 68
Northerly direction with said Section Line for a distance of Two 69
Hundred eighteen and eight tenths (218.8) feet to the point of 70
beginning.
Containing One and Fifty-seven hundredths (1.57) Acres, more or 72
less, of which the present highway USR 40 occupies Fifty seven 73
hundredths (0.57) acres leaving One (1) Acre, more or less. 74
All stationing referred to in the foregoing being the station 76
numbers as stipulated in the hereinbefore mentioned Survey as 77
shown by plans on file in the Department of Highways, Columbus, 78
Ohio.
Being part of the same premises conveyed to Gustavus C. Titus by 80
deed of Harley L. Titus et al dated January 31, 1902 and recorded 81
in volume 136, page 283, Deed Records, Clark County, Ohio. 82
(B) The State Highway Patrol may, at its discretion, prior 84
to the conveyance of the real estate described in division (A) of 85
this section, remove from that real estate the generator, plus 86
any other equipment to which the State Highway Patrol and the 87
Community Improvement Corporation agree in writing. 88
(C) The State Highway Patrol shall, following the 90
conveyance of the real estate described in division (A) of this 91
section, remove any and all underground storage tanks on the real 93
estate and provide the Community Improvement Corporation with a 94
no further action letter issued for the real estate under Chapter
3746. of the Revised Code and rules adopted under that chapter. 95
(D) Consideration for the conveyance of the real estate 97
described in division (A) of this section is the conveyance to 98
the state of a parcel of real estate together with improvements 99
located thereon, including a building to be constructed as 100
specified in division (E) of this section, and further described 101
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as follows: 102
Situate in the State of Ohio, County of Clark, and within 104
the corporate limits of the City of Springfield, and being part 105
of lot #18320, as numbered and designated on the plat of 106
PrimeOhio Corporate Park recorded book 15 page 24 of the plat 107
records of Clark County, Ohio and being described as follows:
Beginning at a 5/8" re-bar (found) at the original 109
northwesterly corner of lot 18320, as numbered and designated on 110
PrimeOhio Corporate Park recorded book 15 page 24 of the plat 111
records of Clark County, Ohio;
thence with the south line of Gateway Boulevard, North 50 113
degrees 06 minutes 22 seconds East, 15.18 feet to a point of 115
curvature;
thence continuing with the south line of said Gateway 117
Boulevard, and along a curve to the right having a radius of 118
612.03 feet and a chord which bears North 69 degrees 42 minutes 119
10 seconds East, at 410.53 feet, an arc distance of 418.65 feet 120
to a 5/8" re-bar with metal cap (set);
thence, South 0 degrees 42 minutes 27 seconds West, 910.51 122
feet to a 5/8" re-bar with metal cap (set) at the original 123
southwesterly corner of said lot 18320; 124
thence with the original westerly line of said lot 18320, 126
North 26 degrees 56 minutes 38 seconds West, 850.63 feet to the 127
point of beginning and containing 4.374 acres, subject, however, 128
to all rights-of-way, easements, and restrictions of record; 129
Being the westerly part of lot 18320, as numbered and 131
designated on the plat of PrimeOhio Corporate Park recorded book 132
15 page 24 of the plat records of Clark County, Ohio. 133
The above description is based on an actual field survey 135
dated April 9, 1996 by Terry A. Hoppes, Professional Surveyor No. 136
6352. Basis of bearings is South 84 degrees 13 minutes 37 137
seconds East, on the centerline of Gateway Boulevard. 138
(E) The Superintendent of the State Highway Patrol shall 141
negotiate and enter into a contract with the Community
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Improvement Corporation under which the Community Improvement 142
Corporation shall construct on the real estate described in 143
division (D) of this section a building containing approximately 144
five thousand square feet to be used by the State Highway Patrol 145
as a patrol post. The building shall be constructed and 146
completed prior to the conveyance of that real estate and shall 147
be conveyed as an improvement to that real estate pursuant to 148
division (D) of this section. 149
(F) The Superintendent of the State Highway Patrol shall 151
negotiate, pursuant to the authority granted the Superintendent 152
in division (G) of section 5503.02 of the Revised Code, an amount 154
that the State Highway Patrol shall pay to the Community
Improvement Corporation upon the conveyance of the real estate 155
described in division (D) of this section, and the amount shall 156
represent the cost of the building to be constructed thereon as 157
described in division (E) of this section. 158
(G) The State Highway Patrol shall pay to the Community 160
Improvement Corporation the amount negotiated pursuant to 161
division (F) of this section. The amount may be paid from unused 163
funds that remain in the State Highway Safety Fund Group (036) 164
within line items 036-CAP-052, 036-CAP-050, and 036-764-033. 165
Transfers of funds shall be made by the Director of Budget and 166
Management upon the request of the Superintendent of the State 167
Highway Patrol from unused appropriations in the foregoing line 168
items as are necessary for the State Highway Patrol to make 169
payments to the Community Improvement Corporation pursuant to 170
this division.
(H) The Community Improvement Corporation shall submit the 172
construction of the building described in division (E) of this 173
section for competitive bidding in accordance with the 174
competitive bidding process as adopted by the Community 175
Improvement Corporation. 176
(I) Upon conveyance to the state of the real estate 178
described in division (D) of this section, to include the 179
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building described in division (E) of this section, the Auditor 180
of State, with the assistance of the Attorney General, shall 181
prepare a deed to the real estate described in division (A) of 182
this section. The deed shall state the consideration. The deed 183
shall be executed by the Governor in the name of the state, 184
countersigned by the Secretary of State, sealed with the Great 186
Seal of the State, presented in the Office of the Auditor of 188
State for recording, and delivered to the Community Improvement 189
Corporation. The Community Improvement Corporation shall present 190
the deed for recording in the Office of the Clark County 191
Recorder.
(J) The Community Improvement Corporation shall pay the 193
costs of the conveyance of the real estate described in division 194
(A) of this section. 195
Section 2. (A) The Governor is hereby authorized to 197
execute a deed in the name of the state conveying to Clifton W. 198
Brewster and Darla M. Brewster, husband and wife, and their heirs 199
and assigns all of the state's right, title, and interest in a 200
parcel of real estate consisting of approximately 0.463 acres, 201
located in Trumbull County, and further described as follows: 202
Situated in the State of Ohio, County of Trumbull, Township of 204
Southington and being a part of Section 49 of said Southington 205
Township and also being a part of lands owned by The Ohio State 206
Highway Patrol as recorded in the Trumbull County Recorder's 207
Official Record Volume 612, Page 221 and being further bounded 208
and described as follows:
Beginning at the point of intersection of the centerline of U.S. 210
Route 422 (200 feet in width) with the centerline of Barclay 211
Messerly Road, T.H. 123 (60 feet in width); 212
Thence S 66° 00' 00" E, along the centerline of U.S. Route 422, a 214
distance of 602.34 feet to a point at the southeasterly corner of 215
lands owned by C. & D. Brewster as recorded in the Trumbull 216
County Recorder's Official Record Volume 974, Page 826, said 217
point being the TRUE PLACE OF BEGINNING for the herein described 218
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parcel of land;
Thence N 37° 08' 30" E, passing over an iron pin found at 68.82 220
feet and along the easterly line of said Brewster lands, a total 221
distance of 170.66 feet to an iron pin set; 222
Thence S 52° 38' 30" E, a distance of 130.00 feet to an iron pin 224
set;
Thence S 37° 08' 30" W, passing over an iron pin set at 71.13 226
feet, a total distance of 139.88 feet to a point in the 227
centerline of U.S. Route 422;
Thence in a northwesterly direction, along the centerline of U.S. 229
Route 422 and along the arc of a curve to the right, a distance 230
of 41.74 feet to the P.C. of said curve, said curve having a 231
radius of 14323.95 feet, a central angle of 0° 10' 01" and a 232
chord of N 65° 54' 59" W, 41.74 feet; 233
Thence N 66° 00' 00" W, continuing along the centerline of U.S. 235
Route 422, a distance of 91.74 feet to a point, returning to the 236
True Place of Beginning and containing an area of 0.463 acres as 237
surveyed by Danny L. Wilson, P.S. Ohio 7238 in October 1996. 238
(B) Consideration for the conveyance of the real estate 240
described in division (A) of this section is a purchase price of 241
one thousand two hundred dollars. 242
(C) The grantees shall pay the costs of the conveyance. 244
(D) Upon payment of the purchase price specified in 246
division (B) of this section, the Auditor of State, with the 247
assistance of the Attorney General, shall prepare a deed to the 248
real estate described in division (A) of this section. The deed 249
shall state the consideration. The deed shall be executed by the 250
Governor in the name of the state, countersigned by the Secretary 251
of State, sealed with the Great Seal of the State, presented in 252
the Office of the Auditor of State for recording, and delivered 253
to Clifton W. Brewster and Darla M. Brewster. Clifton W. 254
Brewster and Darla M. Brewster shall present the deed for 255
recording in the Office of the Trumbull County Recorder. 256
Section 3. (A) The Governor is hereby authorized to 258
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execute a deed in the name of the state conveying to the Kelleys 259
Island Board of Education in Erie County, Ohio, and its 260
successors and assigns, all of the right, title, and interest of 261
the State of Ohio, Department of Natural Resources, in the 262
following described real estate, consisting of approximately 1.5 263
acres and located in an area known as the Kelleys Island State 264
Park: 265
Being situated in the State of Ohio, County of Erie, 267
Village of Kelleys Island, Original Lot 5, and being more 269
definitely described as follows:
Beginning at a PK nail, set, on the centerline of Ward 271
Road, marking the Northeast corner of a 2.0 acre parcel owned by 272
the Board of Education for Kelleys Island (DV 33 PG 285), said 273
point being located North 85°00'00" East along the centerline of 274
Ward Road a distance of 285.37 feet from a railroad spike, found, 275
marking its intersection with the centerline of Division Street, 276
said point being the PRINCIPAL PLACE OF BEGINNING;
(1) Thence North 85°00'00" East continuing along the 278
centerline of Ward Road a distance of 204.95 feet to a PK nail, 279
set;
(2) Thence South 00°31'30" East passing through a 1/2" 281
iron pin, set on the South right-of-way line of Ward Road, a 282
distance of 330.82 feet to a 1/2" iron pin, set; 283
(3) Thence North 88°49'41" West a distance of 204.41 feet 285
to a 3/4" iron pipe, found, marking the Southeast corner of said 286
Board of Education parcel;
(4) Thence North 00°31'30" West along said Board of 288
Education parcel, passing through a 3/4" iron pin, found, in 289
concrete, on the South right-of-way line of Ward Road, a distance 290
of 308.78 feet to a PK nail, set, on the centerline of said road 291
and the PRINCIPAL PLACE OF BEGINNING, containing 1.5000 acres, 292
more or less, but being subject to all legal highways, easements 293
and restrictions of record.
The above description was prepared from an actual survey by 295
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Daniel E. Hartung Jr., Professional Surveyor No. 5667 in July 296
1997. The bearings were assumed only for the purpose of 297
indicating angles.
(B) Consideration for conveyance of the real estate 299
described in division (A) of this section is the mutual benefit 300
accruing to the state and to the Kelleys Island Board of 301
Education by having the real estate used for educational 302
purposes. 303
(C) The conveyance described in division (A) of this 305
section is subject to the condition that the grantee shall use 306
the real estate for public purposes. If the grantee ceases to 307
use the real estate for public purposes, all right, title, and 308
interest in the real estate shall immediately revert to the State 309
of Ohio, Department of Natural Resources. This condition shall 310
not preclude the Board of Education from using the real estate as 311
a site for the construction of facilities related to the 312
educational program or for construction of an addition to the 313
existing school building. 314
(D) The conveyance described in division (A) of this 316
section is subject to the condition that the real estate be 317
available to the public without discrimination on the basis of 318
nationality, race, religion, color, sex, age, or handicap, 319
subject to the same rules and regulations under which the 320
existing school grounds are governed and may be governed, 321
pursuant to rules and regulations the Kelleys Island Board of 322
Education has adopted or may at any time adopt. 323
(E) The costs of the conveyance described in division (A) 325
of this section shall be paid by the Kelleys Island Board of 326
Education. 327
(F) Within one year after the effective date of this act, 330
the Auditor of State, with the assistance of the Attorney
General, shall prepare a deed to the real estate described in 331
division (A) of this section. The deed shall state the 332
consideration and shall state the conditions specified in 333
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divisions (C) and (D) of this section. The deed shall be 334
executed by the Governor in the name of the state, countersigned 335
by the Secretary of State, sealed with the Great Seal of the 337
State, presented in the Office of the Auditor of State for 338
recording, and delivered to the grantee. The grantee shall 339
present the deed for recording in the Office of the Erie County 340
Recorder. 341
Section 4. Section 1 of this act expires three years after 343
its effective date. Sections 2 and 3 of this act expire one year 344
after its effective date. 345
Section 5. This act is hereby declared to be an emergency 347
measure necessary for the immediate preservation of the public 348
peace, health, and safety. The reason for the necessity is that 349
the negotiations and construction authorized by Section 1 of this 351
act need to proceed at the earliest possible time to enable the 352
Community Improvement Corporation to construct and the State
Highway Patrol to receive the new building as soon as practicable 354
to the benefit of the State Highway Patrol and the citizens of 355
Ohio, so that the conveyance contemplated in Section 2 of this 356
act can proceed at the earliest possible time to enable the State 357
Highway Patrol to receive the funds as soon as practicable and 358
the conveyance to proceed in a manner similar to real estate 359
conveyances in the private market, and so that the conveyance
contemplated in Section 3 of this act can proceed at the earliest 360
possible time so the Kelleys Island Board of Education can 361
receive the property as soon as practicable to enable the Board 362
to prepare a bond levy for the May primary election to finance 363
improvements on that property. Therefore, this act shall go into 364
immediate effect.