As Reported by the Senate Judiciary Committee            1            

122nd General Assembly                                             4            

   Regular Session                              Sub. S. B. No. 18  5            

      1997-1998                                                    6            


          SENATORS RAY-HERINGTON-LATELL-BLESSING-LATTA             8            


                                                                   10           

                           A   B I L L                                          

             To authorize the conveyance of state-owned real       12           

                estate in Summit County to Sagamore Hills          13           

                Township, to authorize the conveyance of                        

                state-owned real estate in Summit County to the    15           

                City of Akron, and to authorize the conveyance of  17           

                state-owned real estate in Summit County to the    18           

                FIJI House Corporation of the University of                     

                Akron.                                                          




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        20           

      Section 1.  (A)  The Governor is hereby authorized to        22           

execute a deed in the name of the state conveying to Sagamore      23           

Hills Township, Summit County, Ohio, and its successors and        25           

assigns, all of the state's right, title, and interest in the      26           

following described real estate:                                                

      Parcel 1:                                                    28           

      Situated in the State of Ohio, County of Summit, Township    30           

of Sagamore Hills, being part of original Northfield Township      31           

Lots 72 and 73, further bounded and described as follows:          32           

      Beginning at a 1" rebar found at the southwest corner of     34           

said Lot 72 and being the True Place of Beginning for the parcel   35           

being described herein;                                                         

      Thence, N 00°52'19" W, along the west line of said Lot 72    37           

and the east line of land described in deed to Mildred K. Meywes   38           

by Deed Volume 3682, Page 403 of Summit County Record of Deeds,    39           

502.19 feet to a 5/8" pipe found at the southwest corner of land   40           

described in deed to Jeanne M. Homik by Deed Volume 5864, Page     41           

                                                          2      

                                                                 
599 of Summit County Records of Deeds;                                          

      Thence, N 89°10'16" E, leaving the west line of said Lot 72  43           

and the east line of said Meywes lands, along the south line of    44           

said Homik lands, 682.29 feet to a point at the southeast corner   45           

of said Homik lands.  Said point being witnessed by a 2" iron      46           

pipe found S 01°42'58" E, 0.41 feet;                                            

      Thence, N 01°42'58" W, along the east line of said Homik     48           

lands, passing thru a 5/8" capped rebar set on the southerly line  49           

of Valley View Road (S.R. 63, 100' R/W) 645.98 feet, a total       50           

distance of 703.74 feet to the centerline of said road;            51           

      Thence, southeasterly, 114.84 feet along the arc of a curve  53           

deflecting to the right, having a radius of 1432.40 feet, a        54           

central angle of 4°35'38" and a chord which bears S 59°57'26" E,   55           

114.81 feet to a point at the northwesterly corner of land         56           

described in deed to M.L. Bergold and Karen A. Dzurko by O.R.      57           

1507, Page 738 of Summit County Records;                                        

      Thence, S 01°42'58" E, leaving said centerline along the     59           

west line of said Bergold and Dzurko lands, passing thru a 5/8"    60           

capped rebar set on the southerly line of said road at 60.86       61           

feet, a total distance of 644.82 feet to the southwest corner of   62           

said Bergold and Dzurko lands, said point being witnessed by a     63           

1/2" iron bar found S 23°33'28" W, 0.52 feet;                                   

      Thence, N 89°10'16" E, along the south line of said Bergold  65           

and Dzurko lands and the south line of land described in deed to   66           

F.C. and M.A. Zielinski by Deed Volume 1326, Page 838 of Summit    67           

County Records of Deeds, 226.80 feet to a concrete post found at   68           

the southeasterly corner of said Zielinski lands;                               

      Thence, S 00°14'24" E, leaving said Zielinski lands along    70           

the west line of said Township lands, 510.22 feet to a 3/4" iron   71           

bar found;                                                                      

      Thence, S 89°50'43" E, along the south line of said          73           

Township lands, 183.49 feet to a 5/8" rebar found at the           74           

northwest corner of land described in deed to David and Susan E.   75           

MacRaild by Deed Volume 5525, Pages 388-392 of Summit County       76           

                                                          3      

                                                                 
Records of Deeds;                                                               

      Thence, S 01°57'48" E, along the west line of said MacRaild  78           

lands, and the west lines of Robert J. Tonsing, Donald G. and      79           

Ruth V. Vassler, 820.00 feet to a 5/8" capped rebar set;           80           

      Thence, S 89°04'45" W, 1194.70 feet to the center of a       82           

concrete post found in the west line of said Lot 73;               83           

      Thence, N 01°14'55" W, along the west line of Lot 73,        85           

832.92 feet to the True Place of Beginning and containing 35.766   86           

acres of land but subject to all legal highways, easements and     87           

restrictions, if any, as surveyed by Robert J. Warner, P.S.,       88           

Number 6931 for Environmental Design Group, Inc. in July 1996.                  

      The Basis of Bearing for the above described parcel is grid  90           

north, Ohio State Plane Coordinate System, North Zone.             91           

      Parcel 2:                                                    93           

      Situated in the State of Ohio, County of Summit, Township    95           

of Sagamore Hills, being part of original Northfield Township Lot  96           

72 further bounded and described as follows:                       98           

      Commencing for reference at a 1" rebar found at the          100          

southwest corner of said lot;                                      101          

      Thence, N 00°52'19" W, along the west line of said lot,      103          

502.19 feet to a 5/8" pin found;                                   104          

      Thence, N 89°10'16" E, leaving the west line of said lot,    106          

682.29 feet to a point;                                            107          

      Thence, N 01°42'58" W, 703.74 feet to a point in the         109          

centerline of Valley View Road (S.R. 63, 100' R/W) and the True    110          

Place of Beginning for the parcel being described herein;          111          

      Thence, N 01°42'58" W, leaving said centerline, passing      113          

thru a 5/8" capped rebar set on the northerly line of said road    114          

at 57.12 feet, and a 5/8" capped rebar set on the southerly line   116          

of Canal Road (100' R/W) at 140.71 feet, at total distance of      117          

190.72 feet to the centerline of said Canal Road;                               

      Thence, N 89°10'52" E, along said centerline, 97.64 feet to  119          

a point;                                                                        

      Thence, S 01°42'58" E, passing thru a 5/8" capped rebar set  121          

                                                          4      

                                                                 
on the south line of Canal Road at 50.01 feet, and a 5/8" capped   122          

rebar set on the north line of Valley View Road at 189.73 feet, a  123          

total distance of 249.62 feet to the centerline of Valley View     124          

Road;                                                                           

      Thence, northwesterly, 114.84 feet along the arc of a curve  126          

deflecting to the left and having a radius of 1432.40 feet,        127          

central angle of 4°35'38" and a chord which bears N 59°57'26" W,   128          

114.81 feet to the True Place of Beginning and containing 0.491    129          

acres of land, but subject to all legal highways, easements and    130          

restrictions, if any, as surveyed by Robert J. Warner, P.S.,       131          

Number 6931 for Environmental Design Group, Inc. in July 1996.                  

      The Basis of Bearing for the above described parcel is grid  133          

north, Ohio State Plane Coordinate System, North Zone.             134          

      (B)  Consideration for conveyance of the real estate         136          

described in division (A) of this section is a purchase price of   138          

$181,285.00.  The net proceeds of the purchase price shall be      139          

paid to the Treasurer of State, to the credit of the Department    141          

of Mental Health Trust Fund.                                       142          

      (C)  Upon payment of the purchase price under division (B)   144          

of this section, the Auditor of State, with the assistance of the  146          

Attorney General, shall prepare a deed to the real estate          147          

described in division (A) of this section.  The deed shall state   148          

the consideration.  The deed shall be executed by the Governor in  149          

the name of the state, countersigned by the Secretary of State,    150          

sealed with the Great Seal of the State, presented in the Office   151          

of the Auditor of State for recording, and delivered to the Board  153          

of Trustees of Sagamore Hills Township.  The Board of Trustees of               

Sagamore Hills Township shall present the deed for recording in    155          

the Office of the Summit County Recorder.                          156          

      Section 2.  (A)  The Governor is hereby authorized to        158          

execute a deed in the name of the state conveying to the City of   160          

Akron in Summit County and its successors and assigns all of the   161          

state's right, title, and interest in the following described      162          

real estate:                                                                    

                                                          5      

                                                                 
      Parcel Number 1:                                             164          

      Situated in the City of Akron, County of Summit, State of    166          

Ohio, and bounded and described as follows:                        167          

                         Parcel No. 23WD                           168          

      Situated in the City of Akron, County of Summit and State    170          

of Ohio, and known as being a part of the Perkins Allotment as     171          

recorded in P.B. 1, Pg. 38, Block 12 of the Summit County          172          

Records, and more fully described as follows:                                   

      Beginning at a point on the north right-of-way of Forge      174          

Street and the west right-of-way line of Fir Hill Street, said     175          

point also being the southeast corner of Block 12;                 176          

      Thence N 01° 08' 54" W along the west right-of-way line of   178          

Fir Hill Street a distance of 50.00 feet to a point, said point    179          

being the place of beginning for the land herein described, said   180          

point also being at (Sta. 1+70.26 Fir Hill Street, 30.00 feet      181          

left of centerline Fir Hill Street) per Project M-IT 15(1);        182          

      Thence S 88° 51' 06" W a distance of 2.50 feet to a point;   184          

      Thence N 01° 08' 54" W a distance of 1.00 feet to a point;   186          

      Thence N 88° 51' 06" E a distance of 2.50 feet to a point,   188          

said point being on the west right-of-way line of Fir Hill         189          

Street;                                                                         

      Thence S 01° 08' 54" E a distance of 1.00 feet to the place  191          

of beginning and containing 2.50 square feet of land.              192          

      Parcel Number 2:                                             194          

      Situated in the City of Akron, County of Summit, State of    196          

Ohio, and bounded and described as follows:                        197          

                         Parcel No. 20WD                           198          

      Situated in the City of Akron, County of Summit and State    200          

of Ohio, and known as being part of Lot 7 in the Perkins           201          

Allotment as recorded in P.B. 1, Pg. 38, Block 13 of the Summit    202          

County Records, and more fully described as follows:                            

      Beginning at a point on the east right-of-way line of Union  204          

Street, said point being N 01° 08' 54" W, a distance of 26.55      205          

feet from the southwest corner of said Lot 7, also being at (Sta.  206          

                                                          6      

                                                                 
3+34.5 Union Street, and 30.00 feet right of centerline Union      207          

Street) per project M-IT 15(1);                                                 

      Thence N 01° 08' 54" W a distance of 1.00 feet to a point;   209          

      Thence N 88° 51' 06" E, a distance of 2.50 feet to a point;  211          

      Thence S 01° 08' 54" E a distance of 1.00 feet to a point;   213          

      Thence S 88° 51' 06" W a distance of 2.50 feet to the place  215          

of beginning and containing 2.50 square feet of land.              216          

      Parcel Number 3:                                             218          

      Situated in the City of Akron, County of Summit, State of    220          

Ohio, and bounded and described as follows:                        221          

                         Parcel No. 21WD                           222          

      Situated in the City of Akron, County of Summit and State    224          

of Ohio, and known as being part of Lot 5 in the Perkins           225          

Allotment as recorded in P.B. 1, Pg. 38, Block 13 of the Summit    226          

County Records and more fully described as follows:                             

      Beginning at a point on the east right-of-way line of Union  228          

Street, said point being at (Sta. 5+05.7 Union Street, and 30.00   229          

feet right of centerline Union Street) per Project M-IT 15(1),     230          

point also being the northwest corner of Lot 5;                    231          

      Thence N 88° 51' 06" E along the north line of Lot 5 a       233          

distance of 20.00 feet to a point;                                 234          

      Thence S 01° 08' 54" E a distance of 10.00 feet to a point;  236          

      Thence S 88° 51' 06" W a distance of 20.00 feet to a point,  238          

said point being on the east right-of-way line of Union Street;    239          

      Thence N 01° 08' 54" W a distance of 10.00 feet to the       241          

place of beginning and containing 200.00 square feet of land.      242          

      Parcel Number 4:                                             244          

      Situated in the City of Akron, County of Summit, State of    246          

Ohio, and bounded and described as follows:                        247          

                         Parcel No. 1BWD                           248          

      Situated in the City of Akron, County of Summit and State    250          

of Ohio, and known as being a part of the Perkins Allotment as     251          

recorded in P.B. 1, Pg. 38, Block 14 of the Summit County Records  252          

and more fully described as follows:                                            

                                                          7      

                                                                 
      Beginning at the intersection of the north right-of-way      254          

line of Forge Street and the east right-of-way line of Fir Hill    255          

Street, said point being the southwest corner of Block 14 and      256          

also being at (Sta. 37+93.53 Forge Street, 30.00 feet left of      257          

centerline Forge Street) per Project M-IT 15(1);                                

      Thence N 66° 54' 26" E along the north right-of-way line of  259          

Forge Street a distance of 65.47 feet to the place of beginning    261          

for the land herein described;                                     262          

      Thence N 23° 05' 34" W a distance of 30.00 feet to a point;  264          

      Thence N 66° 54' 26" E a distance of 10.00 feet to a point;  266          

      Thence S 23° 05' 34" E a distance of 30.00 feet to a point,  268          

said point being on the north right-of-way line of Forge Street;   269          

      Thence S 66° 54' 26" W along said right-of-way line a        271          

distance of 10.00 feet to the place of beginning and containing    272          

300.00 square feet of land.                                                     

      (B)  Consideration for conveyance of the real estate         274          

described in division (A) of this section is a purchase price of   275          

$23,695 to be paid by the City of Akron to the University of       276          

Akron and retained by the University of Akron for its use and      277          

benefit as it may direct.                                          278          

      (C)  Upon payment of the purchase price under division (B)   280          

of this section to the University of Akron, the Auditor of State,  282          

with the assistance of the Attorney General, shall prepare a deed  283          

to the real estate described in division (A) of this section.      284          

The deed shall state the consideration.  The deed shall be         285          

executed by the Governor in the name of the state, countersigned   286          

by the Secretary of State, sealed with the Great Seal of the       287          

State, presented in the office of the Auditor of State for         288          

recording, and delivered to the City of Akron.  The City of Akron  289          

shall present the deed for recording in the office of the Summit   290          

County Recorder.                                                   291          

      Section 3.  (A)  The Governor is hereby authorized to        293          

execute a deed in the name of the state conveying to the FIJI      294          

House Corporation of the University of Akron and its successors    295          

                                                          8      

                                                                 
and assigns all of the state's right, title, and interest,         296          

reserving a right of first refusal described in division (B) of    297          

this section, in the following described real estate:              298          

      Situated in the City of Akron, County of Summit and State    300          

of Ohio, and being the same lands as described in Deed Book 5799,  301          

Page 732, Summit County Recorder's Office:                         302          

      And being a part of Tract 8, Lot 3, formerly Portage         304          

Township and beginning at a point in the East line of Spicer       305          

Street 100 feet North of the intersection of the East line of      306          

said Spicer Street and the North line of Vine Street; thence East  307          

parallel to the North line of Vine Street about 184 feet; thence   308          

Northerly 20 feet; thence East on a line parallel to the East      309          

line of said Spicer Lot No. 23 and 40 feet Westerly therefrom      310          

about 60 feet to lands of Mary M. Gardner; thence Westerly along   311          

the Southerly line of said Gardner lands to the East line of       312          

Spicer Street; thence South along the East line of Spicer Street   313          

80 feet to the place of beginning.                                 314          

      (B)  The State reserves a right of first refusal for the     316          

use and benefit of the University of Akron.  If the FIJI House     317          

Corporation of the University of Akron wishes to sell or lease     318          

the real estate described in division (A) of this section, the     319          

FIJI House Corporation of the University of Akron shall give the   321          

State (University of Akron) not less than sixty days prior         322          

written notice of the terms of any contemplated sale or lease      323          

with the name and address of the proposed purchaser.  The State    324          

(University of Akron) shall have the first right and option to     325          

purchase or lease the real estate described in division (A) of     326          

this section upon the same terms.  The option shall be             327          

exercisable for a period of sixty days following the date of       328          

receipt of the notice.                                                          

      (C)  Consideration for the conveyance of the real estate     330          

described in division (A) of this section is a purchase price of   332          

$285,000 to be paid by the FIJI House Corporation of the           333          

University of Akron to the University of Akron for its use and     334          

                                                          9      

                                                                 
benefit as it may direct.                                                       

      (D)  Upon payment of the purchase price under division (C)   336          

of this section, the Auditor of State, with the assistance of the  338          

Attorney General, shall prepare a deed to the real estate          339          

described in division (A) of this section.  The deed shall state   340          

the consideration and the reservation under division (B) of this   341          

section.  The deed shall be executed by the Governor in the name   343          

of the state, countersigned by the Secretary of State, sealed      344          

with the Great Seal of the State, presented in the office of the   345          

Auditor of State for recording, and delivered to the FIJI House    346          

Corporation of the University of Akron. The FIJI House                          

Corporation of the University of Akron shall present the deed for  348          

recording in the office of the Summit County Recorder.                          

      Section 4.  This act expires one year after its effective    350          

date.                                                              351