As Introduced 1
122nd General Assembly 4
Regular Session S. B. No. 90 5
1997-1998 6
SENATORS FURNEY-LATTA 8
10
A B I L L
To authorize the Board of Trustees of the Medical 12
College of Ohio at Toledo to convey two parcels 13
of real estate or portions of two parcels of real 14
estate located in Lucas County, to authorize the 15
Governor to convey a parcel of real estate or
portions of a parcel of real estate located in 16
Lucas County and owned by the Medical College of 17
Ohio at Toledo Foundation, and to declare an 18
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. (A) The Board of Trustees of the Medical 22
College of Ohio at Toledo is hereby authorized to execute deeds 23
in the name of the Board of Trustees conveying to purchasers and 24
the purchasers' heirs and assigns or successors and assigns all 25
of the Board of Trustees' right, title, and interest in any 26
portion of the following described parcels of real estate, 27
located in an area known as The Advanced Technology Park of 28
Northwest Ohio:
Parcel 1. Northerly Parcel 30
A parcel of land being part of Section Nine (9), in Town 32
Three (3) in the United States Reserve, in the City of Toledo, 33
Lucas County, Ohio, said parcel of land being bounded and 34
described as follows:
Beginning at the intersection of the centerline of Detroit 36
Avenue, as it now exists, with the centerline of Arlington 37
Avenue, as it now exists; thence in a westerly direction along 38
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said centerline of Arlington Avenue, as it now exists, having an 40
assumed bearing of North eighty-two (82) degrees, forty-seven
(47) minutes, fifty-eight (58) seconds West, a distance of one 41
thousand three hundred thirty-eight and ninety hundredths 42
(1,338.90') feet to an angle point in said centerline of 43
Arlington Avenue, as it now exists; thence North eighty-one (81) 44
degrees, twenty-three (23) minutes, zero (00) seconds West along 45
said centerline of Arlington Avenue, as it now exists, a distance 46
of one hundred sixty-eight and seventy-four hundredths (168.74') 47
feet to the intersection of a line drawn one thousand one hundred 48
sixty and zero hundredths (1,160.00') feet easterly of and 50
parallel with the West line of the Southwest quarter (1/4) of 51
said Section Nine (9); thence North eight (08) degrees, nine (09) 52
minutes, twelve (12) seconds East along said line drawn one 53
thousand one hundred sixty and zero hundredths (1,160.00') feet 54
easterly of and parallel with the West line of the Southwest
quarter (1/4) of Section Nine (9), a distance of four hundred 55
forty-eight and fifty-three hundredths (448.53') feet to the 56
intersection of the centerline of Swan Creek, as it now exists, 57
the following six (6) courses follow on and along said centerline 58
of Swan Creek, as it now exists; thence North fifty-four (54) 59
degrees, thirty-four (34) minutes, forty-two (42) seconds East, a
distance of three hundred ninety-four and ninety-six hundredths 60
(394.96') feet; thence North thirty-six (36) degrees, 61
thirty-eight (38) minutes, fifty-one (51) seconds East, a 62
distance of three hundred forty-four and forty-seven hundredths 63
(344.47') feet; thence South seventy-four (74) degrees,
twenty-seven (27) minutes, fifty (50) seconds East, a distance of 64
four hundred fourteen and thirty-seven hundredths (414.37') feet; 65
thence North forty-two (42) degrees, two (02) minutes, six (06) 66
seconds East, a distance of eight hundred forty and fifty-four 67
hundredths (840.54') feet; thence South eighty (80) degrees, 68
eleven (11) minutes, thirteen (13) seconds East, a distance of 69
four hundred forty and forty-five hundredths (440.45') feet; 70
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thence South fifty-two (52) degrees, forty-one (41) minutes,
twenty-five (25) seconds East, a distance of four hundred 71
eighty-seven and sixty-seven hundredths (487.67') feet to the 72
intersection of said centerline of Detroit Avenue as it now 73
exists; thence South thirty-four (34) degrees, twenty-three (23) 74
minutes, fifty-four (54) seconds West along said centerline of 75
Detroit Avenue, as it now exists, a distance of one thousand five
hundred fifty-seven and thirty-eight hundredths (1,557.38') feet 76
to the Point of Beginning. 77
Said parcel of land containing an area of 50.87 acres of 79
land, more or less. Subject to legal highways. 80
Parcel 2. Southerly Parcel 82
A parcel of land being part of Sections Eight (8), Nine 84
(9), Sixteen (16) and Seventeen (17), all being in Town Three (3) 85
in the United States Reserve, in the City of Toledo, Lucas 86
County, Ohio, said parcel of land being bounded and described as 87
follows:
Commencing at the intersection of the centerline of 89
Arlington Avenue, as it now exists, with the centerline of 90
Detroit Avenue, as it now exists; thence in a southwesterly 91
direction along said centerline of Detroit Avenue, as it now
exists, having an assumed bearing of South thirty-four (34) 92
degrees, eighteen (18) minutes, twenty (20) seconds West, a 93
distance of one thousand five hundred fifty-eight and fifteen 94
hundredths (1,558.15') feet to the True Point of Beginning; 95
thence continuing South thirty-four (34) degrees, eighteen (18)
minutes, twenty (20) seconds West along said centerline of 96
Detroit Avenue, as it now exists, a distance of eight hundred one 97
and seventy-nine hundredths (801.79') feet to an angle point in 98
said centerline of Detroit Avenue, as it now exists; thence South 99
twenty-nine (29) degrees, fifty-five (55) minutes, thirty-nine 100
(39) seconds West along said centerline of Detroit Avenue, as it
now exists, a distance of one thousand three hundred seventeen 101
and fifty-six hundredths (1,317.56') feet to the intersection of 103
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the North line of a parcel of land as described in Microfiche 104
80-495B12, Lucas County Deed Records, said northerly line of a 105
parcel of land as described in Microfiche 80-495B12, Lucas County
Deed Records, also being a line drawn seven hundred thirty-seven 106
and seven hundredths (737.07') feet northerly of and parallel 107
with the centerline of Glendale Avenue, as it now exists; thence 108
North eighty (80) degrees, thirty-three (33) minutes, two (02) 109
seconds West along said northerly line of a parcel of land as 110
described in Microfiche 80-495B12, Lucas County Deed Records, a 111
distance of one thousand one hundred thirty-five and thirty-eight
hundredths (1,135.38') feet to the intersection of the West line 112
of the Northwest quarter (1/4) of the Southwest quarter (1/4) of 113
said Section Sixteen (16) thence North eight (08) degrees, one 114
(01) minute, twenty-four (24) seconds East along said West line 115
of the Northwest quarter (1/4) of the Southwest quarter (1/4) of 116
Section Sixteen (16), a distance of five hundred ninety-four and 117
thirty-seven hundredths (594.37') feet to the Intersection of the 118
South line of the Northeast quarter (1/4) of said Section
Seventeen (17); thence North seventy-nine (79) degrees, 119
fifty-seven (57) minutes, twenty-six (26) seconds West along said 120
South line of the Northeast quarter (1/4) of Section Seventeen 121
(17), a distance of one thousand three hundred twenty-nine and 122
seventy-three hundredths (1,329.73') feet to the intersection of 123
the West line of the East half (1/2) of said Northeast quarter
(1/4) of Section Seventeen (17); thence North eight (08) degrees, 124
one (01) minute, thirty-four (34) seconds East along said West 125
line of the East half (1/2) of the Northeast quarter (1/4) of 126
Section Seventeen (17), a distance of two thousand one hundred 127
nine and twenty-one hundredths (2,109.21') feet to the 128
intersection of said centerline of Arlington Avenue, as it now
exists, the following six (6) courses follow on and along said 129
centerline of Arlington Avenue, as it now exists; thence South 130
eighty-nine (89) degrees, zero (00) minutes, nine (09) seconds 131
East, a distance of ninety-two and sixty-three hundredths 132
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(92.63') feet to a point of curve; thence along an arc of curve 133
to the left, an arc distance of three hundred fifty-three and 134
fifteen hundredths (353.15') feet to a point of tangency, said
arc of curve to the left having a radius of seven hundred sixteen 135
and twenty hundredths (716.20') feet, a central angle of 136
twenty-eight (28) degrees, fifteen (15) minutes, seven (07) 137
seconds, a chord distance of three hundred forty-nine and 138
fifty-eight hundredths (349.58') feet and a chord bearing of
North seventy-six (76) degrees, fifty-two (52) minutes, seventeen 139
(17) seconds East; thence North sixty-two (62) degrees, 140
forty-four (44) minutes, forty-four (44) seconds East, a distance 141
of four hundred twenty-nine and fifty-two hundredths (429.52') 142
feet to a point of curve; thence along an arc of curve to the 144
right, an arc distance of three hundred eighty seven and
seventy-one hundredths (387.71') feet to a point of tangency, 145
said arc of curve to the right having a radius of seven hundred 146
sixteen and twenty hundredths (716.20') feet, a central angle of 147
thirty-one (31) degrees, one (01) minute, one (01) second, a 148
chord distance of three hundred eighty-three and zero hundredths 149
(383.00') feet and a chord bearing of North seventy-eight (78) 150
degrees, fifteen (15) minutes, fourteen (14) seconds East; thence
South eighty-six (86) degrees, fourteen (14) minutes, fifteen 151
(15) seconds East, a distance of four hundred eighty-seven and 152
seventy-eight hundredths (487.78') feet; thence South eighty-one 153
(81) degrees, twenty-three (23) minutes, zero (00) seconds East, 154
a distance of nine hundred seventy-five and twenty-nine
hundredths (975.29') feet; thence South nineteen (19) degrees, 155
fifty-nine (59) minutes, thirty-six (36) seconds West along a 156
line, a distance of nine hundred ninety-three and fifty-one 157
hundredths (993.51') feet to a point; thence South fifty-eight 158
(58) degrees, fifteen (15) minutes, forty-one (41) seconds east
along a line, a distance of one thousand eleven and twelve 159
hundredths (1,011.12') feet to the True Point of Beginning. 160
Said parcel of land containing an area of 182.19 acres of 162
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land, more or less. Subject to legal highways, 163
Less and excepting the following described: 165
Commencing at the intersection of the North line of the 166
Northwest quarter of Section 16 with the centerline of Detroit 167
Avenue, said North line of the Northwest quarter of Section 16 168
also being the centerline of Old Arlington Avenue, said point of 169
intersection being marked with a cross on a manhole rim; thence 170
southwesterly along the centerline of Detroit Avenue having an
assumed bearing of S 34° 18'20" W, a distance of 1535.53 feet to 171
the True Point of Beginning; thence continuing S 34° 18' 20" W 172
along the centerline of Detroit Avenue a distance of 801.79 feet 173
to a point of deflection in the centerline of Detroit Avenue, 174
said deflection point being marked by a cross cut in a brass 175
plate; thence S 29° 55' 39" W continuing along the centerline of 176
Detroit Avenue a distance of 100.00 feet to a point; thence N 177
60°04'21" W and perpendicular to the centerline of Detroit Avenue
a distance of 489.06 feet to a point; thence S 52°03'57" W a 178
distance 394.29 feet to a point; thence S 65°48'40" W a distance 180
of 350.00 feet; thence N 24° 11' 20" W a distance of 588.00 feet 181
to a point of curvature; thence northwesterly along a curve to 182
the right having a radius of 1839.86 feet an arc distance of 183
327.00 feet to a point, said arc having a chord distance of
326.57 feet and a chord bearing of N 19°05'50" W; thence N 184
65°48'40" E a distance of 375.00 feet; thence N 8°23'00" E a 185
distance of 212.00 feet; thence N 81° 23'00" W a distance of 186
437.88 feet; thence N 4° 30' 16" W a distance of 61.06 feet to a 187
point of longency; thence northwesterly along a curve to the left 188
having a radius of 1979.86 feet an arc distance of 786.13 feet to 189
a point of longency, said arc having a chord distance of 780.97 190
feet and a chord bearing of N 15° 52' 46" W; thence N 27° 15' 16" 191
W a distance of 340.00 feet to a point on the existing southerly 192
right of way line of Relocated Arlington Avenue; thence N 62° 44' 193
44" E along said southerly right of way line a distance of 23.06
to a point; thence N 67° 00' 46" E along said southerly right of 194
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way line distance of 97.15 feet to a point; thence N 75° 17' 26" 195
E along said southerly right of way line a distance of 90.85 feet 196
to a point; thence N 88° 15' 40" E along said southerly right of 197
way line a distance of 163.38 feet to a point; thence S 86° 14' 198
52" E along said southerly right of way line a distance of 119.37 199
feet to a point; thence S 78° 22' 26" E along said southerly 200
right of way line a distance of 109.64 feet to a point; thence S 201
86° 14' 15" E along said southerly right of way line a distance
of 141.39 feet to a point; thence S 88° 22' 31" E along said 202
southerly right of way line a distance of 244.11 feet to a point; 203
thence S 81° 23' 00" E along said southerly right of way line a 204
distance of 697.67 feet to a point; thence N 86° 53' 49" E along 205
said southerly right of way line a distance of 25.81 feet to a 206
point; thence S 82° 47' 58" E along said southerly right of way 207
line a distance of 109.40 feet to a point on the easterly
property line; thence S 19° 59' 36" W along said westerly 208
property line a distance of 935.31 feet to a point; thence S 58° 209
15' 41" E along a northeasterly property line a distance of 210
1011.12 feet to the True Point of Beginning. 211
Said parcel of land contains an area of 72.25 acres, more 213
or less.
(B) Prior to executing a deed to convey the real estate 215
described in division (A) of this section or any portion of that 217
real estate, the Board of Trustees of the Medical College of Ohio
at Toledo shall survey the real estate to be conveyed, prepare a 218
legal description of that real estate, and deliver the 219
description to the Auditor of State for preparation of the deed. 220
(C) The consideration for the real estate described in 222
division (A) of this section or any portion of that real estate 223
shall be a purchase price acceptable to the Board of Trustees of 224
the Medical College of Ohio at Toledo following a survey, or a 225
review of a legal description, by a licensed surveyor and an 226
appraisal by one or more disinterested persons. 228
(D) The real estate described in division (A) of this 230
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section or any portion of that real estate shall be conveyed only 231
to persons whose intended use of the real estate is consistent 232
with the purposes of The Advanced Technology Park of Northwest 233
Ohio. Those purposes are to facilitate the commercialization and 234
adoption of inventions and innovations of the faculty and staff 235
of the Medical College of Ohio at Toledo; to create an 236
environment where biomedical and other technology-oriented 237
enterprises would enjoy higher levels of creativity, 238
productivity, and efficiency; and to facilitate the broadening of 239
the economic base and creation of jobs for the city of Toledo and 240
Northwest Ohio. Each offeror shall demonstrate that the proposed 241
use of the real estate is consistent with the purposes of The 242
Advanced Technology Park of Northwest Ohio. 243
(E) Any offer to purchase the real estate described in 245
division (A) of this section or any portion of that real estate 246
must be accompanied by a deposit of one per cent of the purchase 247
price in money order, bank draft, or certified check. The 248
balance of the purchase price must be paid within sixty days 249
after notification of acceptance of the offer has been sent by 250
the Board of Trustees of the Medical College of Ohio at Toledo to 251
the offeror, or at such later time as is specified in the 253
contract of sale. If an offer has been accepted and the offeror 254
does not pay the balance within the time limits provided in this 255
division, the offeror shall forfeit the one-per-cent deposit to 256
the Board of Trustees as liquidated damages. 257
(F) Upon payment of the purchase price by a grantee, the 259
Auditor of State, with the assistance of the Attorney General, 260
shall prepare a deed to the real estate. The deed shall state 261
the consideration, be executed by the Board of Trustees of the 262
Medical College of Ohio at Toledo, be presented in the Office of 264
the Auditor of State for recording, and be delivered to the 265
grantee. The grantee shall present the deed for recording in the 266
Office of the Lucas County Recorder. 267
(G) Advertising costs, appraisal fees, and all other costs 269
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of the conveyance of the real estate described in division (A) of 270
this section or any portion of that real estate shall be paid by 271
the Board of Trustees of the Medical College of Ohio at Toledo 272
unless otherwise specified in the contract of sale. 273
(H) The net proceeds of the conveyance of the real estate 275
described in division (A) of this section or any portion of that 277
real estate shall be deposited in the appropriate accounts for
purposes determined by the Board of Trustees of the Medical 278
College of Ohio at Toledo. 279
Section 2. (A) The Governor and the Board of Trustees of 281
the Medical College of Ohio at Toledo Foundation (the Foundation) 283
are hereby authorized to execute deeds in the name of the 285
Foundation conveying to purchasers and the purchasers' heirs and 286
assigns or successors and assigns all of the Foundation's and the 287
State's right, title, and interest in any portion of the 289
following described real estate located in an area known as
Foundation Park: 290
Lots 2, 3, 4, 5, 6, 7-A, and 7-B in Foundation Park, a 292
Subdivision in the City of Toledo, Lucas County as per plat 293
thereof recorded in Volume 76 of Plats, Page 45, Lucas County 294
Records; containing 31.8034 acres more or less. 295
(B) Prior to executing a deed to convey the real estate 297
described in division (A) of this section or any portion of that 299
real estate, the Board of Trustees of the Foundation shall survey 300
the real estate to be conveyed, prepare a legal description of 301
that real estate, and deliver the description to the Auditor of 302
State for preparation of the deed.
(C) The consideration for the real estate described in 304
division (A) of this section or any portion of that real estate 305
shall be a purchase price acceptable to the Board of Trustees of 306
the Foundation following a survey, or a review of a legal 307
description, by a licensed surveyor and an appraisal by one or 308
more disinterested persons. 309
(D) Any offer to purchase the real estate described in 311
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division (A) of this section or any portion of that real estate 312
must be accompanied by a deposit of not less than one per cent of 313
the purchase price in money order, bank draft, certified check, 314
or wire transfer. The balance of the purchase price must be paid 315
within sixty days after notification of acceptance of the offer 316
has been sent by the Foundation's Board of Trustees to the 317
offeror, or at such later time as is specified in the contract of 318
sale. If an offer has been accepted and the offeror does not pay 319
the balance within the time limits provided in this division, the 320
offeror shall forfeit the deposit to the Board of Trustees as 321
liquidated damages, in addition to other remedies that may be 322
contained in the contract of sale. 323
(E) After acceptance of a contract of sale by the 325
Foundation's Board of Trustees, the Auditor of State, with the 327
assistance of the Attorney General, shall prepare a deed to the 328
real estate. The deed shall state the consideration, be executed 329
by the Governor and the Foundation's Board of Trustees, be 330
presented in the Office of the Auditor of State for recording, 331
and be delivered to the grantee. The grantee shall present the 332
deed for recording in the Office of the Lucas County Recorder. 333
(F) Advertising costs, appraisal fees, and all other costs 335
of the conveyance of the real estate described in division (A) of 336
this section or any portion of that real estate shall be paid by 337
the Board of Trustees of the Foundation unless otherwise 338
specified in the contract of sale. 339
(G) The net proceeds of the conveyance of the real estate 341
described in division (A) of this section or any portion of that 343
real estate shall be deposited in the appropriate Foundation
accounts as determined by the Foundation's Board of Trustees for 344
the charitable and educational purposes of the Foundation. 345
(H) The Deed to be signed by the Governor and the Board of 347
Trustees of the Foundation shall contain the following recital: 348
"By the Governor's signature hereon, the State of Ohio 350
hereby releases its reversionary interest and any other 351
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restrictions set forth in the Governor's Deed recorded at Volume 352
2458, Page 244 of the Lucas County, Ohio Records, and in Am. S.B. 353
410 of the 110th General Assembly, effective September 30, 1974."
Section 3. This act is hereby declared to be an emergency 355
measure necessary for the immediate preservation of the public 356
peace, health, and safety. The reason for such necessity is to 357
enable the development of The Advanced Technology Park of 358
Northwest Ohio, described in Section 1 of this act, and to 359
maximize the proceeds of the sale of real estate described in 360
Section 2 of this act by enabling the conveyances to take place 361
in a manner competitive with other real estate transactions as 362
soon as willing and able purchasers make offers. This will 363
result, at the earliest possible times, in the availability of 364
revenues for support of the academic institution's teaching and 365
research programs and the development of The Advanced Technology 366
Park of Northwest Ohio. Therefore, this act shall go into 367
immediate effect. 368