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