As Passed by the House 1 122nd General Assembly 4 Regular Session Am. Sub. S. B. No. 18 5 1997-1998 6 SENATORS RAY-HERINGTON-LATELL-BLESSING-LATTA-WATTS- 8 REPRESENTATIVES GARCIA-MYERS-SYKES-COUGHLIN-BRITTON 9 11 A B I L L To authorize the conveyance of state-owned real 13 estate in Summit County to Sagamore Hills 14 Township, to authorize the conveyance of 15 state-owned real estate in Summit County to the 17 City of Akron, and to authorize the conveyance of 19 state-owned real estate in Summit County to the 20 FIJI House Corporation of the University of 21 Akron. 22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24 Section 1. (A) The Governor is hereby authorized to 26 execute a deed in the name of the state conveying to the Board of 27 Trustees of Sagamore Hills Township, Summit County, Ohio, and its 29 successors and assigns, all of the state's right, title, and 31 interest in the following described real estate: Parcel 1: 33 Situated in the State of Ohio, County of Summit, Township 35 of Sagamore Hills, being part of original Northfield Township 36 Lots 72 and 73, further bounded and described as follows: 37 Beginning at a 1" rebar found at the southwest corner of 39 said Lot 72 and being the True Place of Beginning for the parcel 40 being described herein; Thence, N 00°52'19" W, along the west line of said Lot 72 42 and the east line of land described in deed to Mildred K. Meywes 43 by Deed Volume 3682, Page 403 of Summit County Record of Deeds, 44 502.19 feet to a 5/8" pipe found at the southwest corner of land 45 2 described in deed to Jeanne M. Homik by Deed Volume 5864, Page 46 599 of Summit County Records of Deeds; Thence, N 89°10'16" E, leaving the west line of said Lot 72 48 and the east line of said Meywes lands, along the south line of 49 said Homik lands, 682.29 feet to a point at the southeast corner 50 of said Homik lands. Said point being witnessed by a 2" iron 51 pipe found S 01°42'58" E, 0.41 feet; Thence, N 01°42'58" W, along the east line of said Homik 53 lands, passing thru a 5/8" capped rebar set on the southerly line 54 of Valley View Road (S.R. 63, 100' R/W) 645.98 feet, a total 55 distance of 703.74 feet to the centerline of said road; 56 Thence, southeasterly, 114.84 feet along the arc of a curve 58 deflecting to the right, having a radius of 1432.40 feet, a 59 central angle of 4°35'38" and a chord which bears S 59°57'26" E, 60 114.81 feet to a point at the northwesterly corner of land 61 described in deed to M.L. Bergold and Karen A. Dzurko by O.R. 62 1507, Page 738 of Summit County Records; Thence, S 01°42'58" E, leaving said centerline along the 64 west line of said Bergold and Dzurko lands, passing thru a 5/8" 65 capped rebar set on the southerly line of said road at 60.86 66 feet, a total distance of 644.82 feet to the southwest corner of 67 said Bergold and Dzurko lands, said point being witnessed by a 68 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 70 and Dzurko lands and the south line of land described in deed to 71 F.C. and M.A. Zielinski by Deed Volume 1326, Page 838 of Summit 72 County Records of Deeds, 226.80 feet to a concrete post found at 73 the southeasterly corner of said Zielinski lands; Thence, S 00°14'24" E, leaving said Zielinski lands along 75 the west line of said Township lands, 510.22 feet to a 3/4" iron 76 bar found; Thence, S 89°50'43" E, along the south line of said 78 Township lands, 183.49 feet to a 5/8" rebar found at the 79 northwest corner of land described in deed to David and Susan E. 80 3 MacRaild by Deed Volume 5525, Pages 388-392 of Summit County 81 Records of Deeds; Thence, S 01°57'48" E, along the west line of said MacRaild 83 lands, and the west lines of Robert J. Tonsing, Donald G. and 84 Ruth V. Vassler, 820.00 feet to a 5/8" capped rebar set; 85 Thence, S 89°04'45" W, 1194.70 feet to the center of a 87 concrete post found in the west line of said Lot 73; 88 Thence, N 01°14'55" W, along the west line of Lot 73, 90 832.92 feet to the True Place of Beginning and containing 35.766 91 acres of land but subject to all legal highways, easements and 92 restrictions, if any, as surveyed by Robert J. Warner, P.S., 93 Number 6931 for Environmental Design Group, Inc. in July 1996. The Basis of Bearing for the above described parcel is grid 95 north, Ohio State Plane Coordinate System, North Zone. 96 Parcel 2: 98 Situated in the State of Ohio, County of Summit, Township 100 of Sagamore Hills, being part of original Northfield Township Lot 101 72 further bounded and described as follows: 103 Commencing for reference at a 1" rebar found at the 105 southwest corner of said lot; 106 Thence, N 00°52'19" W, along the west line of said lot, 108 502.19 feet to a 5/8" pin found; 109 Thence, N 89°10'16" E, leaving the west line of said lot, 111 682.29 feet to a point; 112 Thence, N 01°42'58" W, 703.74 feet to a point in the 114 centerline of Valley View Road (S.R. 63, 100' R/W) and the True 115 Place of Beginning for the parcel being described herein; 116 Thence, N 01°42'58" W, leaving said centerline, passing 118 thru a 5/8" capped rebar set on the northerly line of said road 119 at 57.12 feet, and a 5/8" capped rebar set on the southerly line 121 of Canal Road (100' R/W) at 140.71 feet, at total distance of 122 190.72 feet to the centerline of said Canal Road; Thence, N 89°10'52" E, along said centerline, 97.64 feet to 124 a point; 4 Thence, S 01°42'58" E, passing thru a 5/8" capped rebar set 126 on the south line of Canal Road at 50.01 feet, and a 5/8" capped 127 rebar set on the north line of Valley View Road at 189.73 feet, a 128 total distance of 249.62 feet to the centerline of Valley View 129 Road; Thence, northwesterly, 114.84 feet along the arc of a curve 131 deflecting to the left and having a radius of 1432.40 feet, 132 central angle of 4°35'38" and a chord which bears N 59°57'26" W, 133 114.81 feet to the True Place of Beginning and containing 0.491 134 acres of land, but subject to all legal highways, easements and 135 restrictions, if any, as surveyed by Robert J. Warner, P.S., 136 Number 6931 for Environmental Design Group, Inc. in July 1996. The Basis of Bearing for the above described parcel is grid 138 north, Ohio State Plane Coordinate System, North Zone. 139 (B) Consideration for conveyance of the real estate 141 described in division (A) of this section is a purchase price of 143 $181,285.00. The net proceeds of the purchase price shall be 144 paid to the Treasurer of State, to the credit of the Department 146 of Mental Health Trust Fund. 147 (C) Upon payment of the purchase price under division (B) 149 of this section, the Auditor of State, with the assistance of the 151 Attorney General, shall prepare a deed to the real estate 152 described in division (A) of this section. The deed shall state 153 the consideration. The deed shall be executed by the Governor in 154 the name of the state, countersigned by the Secretary of State, 155 sealed with the Great Seal of the State, presented in the Office 156 of the Auditor of State for recording, and delivered to the Board 158 of Trustees of Sagamore Hills Township. The Board of Trustees of Sagamore Hills Township shall present the deed for recording in 160 the Office of the Summit County Recorder. 161 Section 2. (A) The Governor is hereby authorized to 163 execute a deed in the name of the state conveying to the City of 165 Akron in Summit County and its successors and assigns all of the 166 state's right, title, and interest in the following described 167 5 real estate: Parcel Number 1: 169 Situated in the City of Akron, County of Summit, State of 171 Ohio, and bounded and described as follows: 172 Parcel No. 23WD 173 Situated in the City of Akron, County of Summit and State 175 of Ohio, and known as being a part of the Perkins Allotment as 176 recorded in P.B. 1, Pg. 38, Block 12 of the Summit County 177 Records, and more fully described as follows: Beginning at a point on the north right-of-way of Forge 179 Street and the west right-of-way line of Fir Hill Street, said 180 point also being the southeast corner of Block 12; 181 Thence N 01° 08' 54" W along the west right-of-way line of 183 Fir Hill Street a distance of 50.00 feet to a point, said point 184 being the place of beginning for the land herein described, said 185 point also being at (Sta. 1+70.26 Fir Hill Street, 30.00 feet 186 left of centerline Fir Hill Street) per Project M-IT 15(1); 187 Thence S 88° 51' 06" W a distance of 2.50 feet to a point; 189 Thence N 01° 08' 54" W a distance of 1.00 feet to a point; 191 Thence N 88° 51' 06" E a distance of 2.50 feet to a point, 193 said point being on the west right-of-way line of Fir Hill 194 Street; Thence S 01° 08' 54" E a distance of 1.00 feet to the place 196 of beginning and containing 2.50 square feet of land. 197 Parcel Number 2: 199 Situated in the City of Akron, County of Summit, State of 201 Ohio, and bounded and described as follows: 202 Parcel No. 20WD 203 Situated in the City of Akron, County of Summit and State 205 of Ohio, and known as being part of Lot 7 in the Perkins 206 Allotment as recorded in P.B. 1, Pg. 38, Block 13 of the Summit 207 County Records, and more fully described as follows: Beginning at a point on the east right-of-way line of Union 209 Street, said point being N 01° 08' 54" W, a distance of 26.55 210 6 feet from the southwest corner of said Lot 7, also being at (Sta. 211 3+34.5 Union Street, and 30.00 feet right of centerline Union 212 Street) per project M-IT 15(1); Thence N 01° 08' 54" W a distance of 1.00 feet to a point; 214 Thence N 88° 51' 06" E, a distance of 2.50 feet to a point; 216 Thence S 01° 08' 54" E a distance of 1.00 feet to a point; 218 Thence S 88° 51' 06" W a distance of 2.50 feet to the place 220 of beginning and containing 2.50 square feet of land. 221 Parcel Number 3: 223 Situated in the City of Akron, County of Summit, State of 225 Ohio, and bounded and described as follows: 226 Parcel No. 21WD 227 Situated in the City of Akron, County of Summit and State 229 of Ohio, and known as being part of Lot 5 in the Perkins 230 Allotment as recorded in P.B. 1, Pg. 38, Block 13 of the Summit 231 County Records and more fully described as follows: Beginning at a point on the east right-of-way line of Union 233 Street, said point being at (Sta. 5+05.7 Union Street, and 30.00 234 feet right of centerline Union Street) per Project M-IT 15(1), 235 point also being the northwest corner of Lot 5; 236 Thence N 88° 51' 06" E along the north line of Lot 5 a 238 distance of 20.00 feet to a point; 239 Thence S 01° 08' 54" E a distance of 10.00 feet to a point; 241 Thence S 88° 51' 06" W a distance of 20.00 feet to a point, 243 said point being on the east right-of-way line of Union Street; 244 Thence N 01° 08' 54" W a distance of 10.00 feet to the 246 place of beginning and containing 200.00 square feet of land. 247 Parcel Number 4: 249 Situated in the City of Akron, County of Summit, State of 251 Ohio, and bounded and described as follows: 252 Parcel No. 1BWD 253 Situated in the City of Akron, County of Summit and State 255 of Ohio, and known as being a part of the Perkins Allotment as 256 recorded in P.B. 1, Pg. 38, Block 14 of the Summit County Records 257 7 and more fully described as follows: Beginning at the intersection of the north right-of-way 259 line of Forge Street and the east right-of-way line of Fir Hill 260 Street, said point being the southwest corner of Block 14 and 261 also being at (Sta. 37+93.53 Forge Street, 30.00 feet left of 262 centerline Forge Street) per Project M-IT 15(1); Thence N 66° 54' 26" E along the north right-of-way line of 264 Forge Street a distance of 65.47 feet to the place of beginning 266 for the land herein described; 267 Thence N 23° 05' 34" W a distance of 30.00 feet to a point; 269 Thence N 66° 54' 26" E a distance of 10.00 feet to a point; 271 Thence S 23° 05' 34" E a distance of 30.00 feet to a point, 273 said point being on the north right-of-way line of Forge Street; 274 Thence S 66° 54' 26" W along said right-of-way line a 276 distance of 10.00 feet to the place of beginning and containing 277 300.00 square feet of land. (B) Consideration for the conveyance of the real estate 279 described in division (A) of this section is a purchase price of 280 $23,695 to be paid by the City of Akron to the University of 281 Akron and retained by the University of Akron for its use and 282 benefit as it may direct. 283 (C) Upon payment of the purchase price under division (B) 285 of this section to the University of Akron, the Auditor of State, 287 with the assistance of the Attorney General, shall prepare a deed 288 to the real estate described in division (A) of this section. 289 The deed shall state the consideration. The deed shall be 290 executed by the Governor in the name of the state, countersigned 291 by the Secretary of State, sealed with the Great Seal of the 292 State, presented in the office of the Auditor of State for 293 recording, and delivered to the City of Akron. The City of Akron 294 shall present the deed for recording in the office of the Summit 295 County Recorder. 296 Section 3. (A) The Governor is hereby authorized to 298 execute a deed in the name of the state conveying to the FIJI 299 8 House Corporation of the University of Akron and its successors 300 and assigns all of the state's right, title, and interest, 301 reserving a right of first refusal described in division (B) of 302 this section, in the following described real estate: 303 Situated in the City of Akron, County of Summit and State 305 of Ohio, and being the same lands as described in Deed Book 5799, 306 Page 732, Summit County Recorder's Office: 307 And being a part of Tract 8, Lot 3, formerly Portage 309 Township and beginning at a point in the East line of Spicer 310 Street 100 feet North of the intersection of the East line of 311 said Spicer Street and the North line of Vine Street; thence East 312 parallel to the North line of Vine Street about 184 feet; thence 313 Northerly 20 feet; thence East on a line parallel to Vine Street 314 about 40 feet; thence North on a line parallel to the East line 316 of said Spicer Lot No. 23 and 40 feet Westerly therefrom about 60 317 feet to lands of Mary M. Gardner; thence Westerly along the 318 Southerly line of said Gardner lands to the East line of Spicer 319 Street; thence South along the East line of Spicer Street 80 feet 320 to the place of beginning. (B) The State reserves a right of first refusal to 322 purchase or lease the real estate described in division (A) of 323 this section for the use and benefit of the University of Akron. 324 If the FIJI House Corporation of the University of Akron wishes 325 to sell or lease the real estate described in division (A) of 326 this section, the FIJI House Corporation of the University of 327 Akron shall give the State (University of Akron) not less than 328 sixty days' prior written notice of the terms of any contemplated 329 sale or lease with the name and address of the proposed 330 purchaser. The State (University of Akron) shall have the first 331 right and option to purchase or lease the real estate described 332 in division (A) of this section upon the same terms. The option 334 shall be exercisable for a period of sixty days following the 335 date of receipt of the notice. (C) Consideration for the conveyance of the real estate 337 9 described in division (A) of this section is a purchase price of 339 $285,000 to be paid by the FIJI House Corporation of the 340 University of Akron to the University of Akron for its use and 341 benefit as it may direct. (D) Upon payment of the purchase price under division (C) 343 of this section, the Auditor of State, with the assistance of the 345 Attorney General, shall prepare a deed to the real estate 346 described in division (A) of this section. The deed shall state 347 the consideration and the reservation under division (B) of this 348 section. The deed shall be executed by the Governor in the name 350 of the state, countersigned by the Secretary of State, sealed 351 with the Great Seal of the State, presented in the office of the 352 Auditor of State for recording, and delivered to the FIJI House 353 Corporation of the University of Akron. The FIJI House Corporation of the University of Akron shall present the deed for 355 recording in the office of the Summit County Recorder. Section 4. This act expires one year after its effective 357 date. 358