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