As Reported by the Senate Judiciary Committee 1
122nd General Assembly 4
Regular Session Sub. S. B. No. 90 5
1997-1998 6
SENATORS FURNEY-LATTA-BLESSING 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. Less and excepting therefrom, those lands 80
described in a Transfer of Jurisdiction from the Medical College 81
of Ohio at Toledo to the Ohio Department of Transportation, 82
containing 0.193 Acres, more or less, and further defined as 83
being File No. 5016, on file in the records of the Ohio 84
Department of Administrative Services, General Services Division, 85
Real Estate Services, 4200 Surface Road, Columbus, Ohio 86
43228-1395. Subject to legal highways. 87
Parcel 2. Southerly Parcel 89
A parcel of land being part of Sections Eight (8), Nine 91
(9), Sixteen (16) and Seventeen (17), all being in Town Three (3) 92
in the United States Reserve, in the City of Toledo, Lucas 93
County, Ohio, said parcel of land being bounded and described as 94
follows:
Commencing at the intersection of the centerline of 96
Arlington Avenue, as it now exists, with the centerline of 97
Detroit Avenue, as it now exists; thence in a southwesterly 98
direction along said centerline of Detroit Avenue, as it now
exists, having an assumed bearing of South thirty-four (34) 99
degrees, eighteen (18) minutes, twenty (20) seconds West, a 100
distance of one thousand five hundred fifty-eight and fifteen 101
hundredths (1,558.15') feet to the True Point of Beginning; 102
thence continuing South thirty-four (34) degrees, eighteen (18)
minutes, twenty (20) seconds West along said centerline of 103
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Detroit Avenue, as it now exists, a distance of eight hundred one 104
and seventy-nine hundredths (801.79') feet to an angle point in 105
said centerline of Detroit Avenue, as it now exists; thence South 106
twenty-nine (29) degrees, fifty-five (55) minutes, thirty-nine 107
(39) seconds West along said centerline of Detroit Avenue, as it
now exists, a distance of one thousand three hundred seventeen 108
and fifty-six hundredths (1,317.56') feet to the intersection of 110
the North line of a parcel of land as described in Microfiche 111
80-495B12, Lucas County Deed Records, said northerly line of a 112
parcel of land as described in Microfiche 80-495B12, Lucas County
Deed Records, also being a line drawn seven hundred thirty-seven 113
and seven hundredths (737.07') feet northerly of and parallel 114
with the centerline of Glendale Avenue, as it now exists; thence 115
North eighty (80) degrees, thirty-three (33) minutes, two (02) 116
seconds West along said northerly line of a parcel of land as 117
described in Microfiche 80-495B12, Lucas County Deed Records, a 118
distance of one thousand one hundred thirty-five and thirty-eight
hundredths (1,135.38') feet to the intersection of the West line 119
of the Northwest quarter (1/4) of the Southwest quarter (1/4) of 120
said Section Sixteen (16) thence North eight (08) degrees, one 121
(01) minute, twenty-four (24) seconds East along said West line 122
of the Northwest quarter (1/4) of the Southwest quarter (1/4) of 123
Section Sixteen (16), a distance of five hundred ninety-four and 124
thirty-seven hundredths (594.37') feet to the Intersection of the 125
South line of the Northeast quarter (1/4) of said Section
Seventeen (17); thence North seventy-nine (79) degrees, 126
fifty-seven (57) minutes, twenty-six (26) seconds West along said 127
South line of the Northeast quarter (1/4) of Section Seventeen 128
(17), a distance of one thousand three hundred twenty-nine and 129
seventy-three hundredths (1,329.73') feet to the intersection of 130
the West line of the East half (1/2) of said Northeast quarter
(1/4) of Section Seventeen (17); thence North eight (08) degrees, 131
one (01) minute, thirty-four (34) seconds East along said West 132
line of the East half (1/2) of the Northeast quarter (1/4) of 133
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Section Seventeen (17), a distance of two thousand one hundred 134
nine and twenty-one hundredths (2,109.21') feet to the 135
intersection of said centerline of Arlington Avenue, as it now
exists, the following six (6) courses follow on and along said 136
centerline of Arlington Avenue, as it now exists; thence South 137
eighty-nine (89) degrees, zero (00) minutes, nine (09) seconds 138
East, a distance of ninety-two and sixty-three hundredths 139
(92.63') feet to a point of curve; thence along an arc of curve 140
to the left, an arc distance of three hundred fifty-three and 141
fifteen hundredths (353.15') feet to a point of tangency, said
arc of curve to the left having a radius of seven hundred sixteen 142
and twenty hundredths (716.20') feet, a central angle of 143
twenty-eight (28) degrees, fifteen (15) minutes, seven (07) 144
seconds, a chord distance of three hundred forty-nine and 145
fifty-eight hundredths (349.58') feet and a chord bearing of
North seventy-six (76) degrees, fifty-two (52) minutes, seventeen 146
(17) seconds East; thence North sixty-two (62) degrees, 147
forty-four (44) minutes, forty-four (44) seconds East, a distance 148
of four hundred twenty-nine and fifty-two hundredths (429.52') 149
feet to a point of curve; thence along an arc of curve to the 151
right, an arc distance of three hundred eighty seven and
seventy-one hundredths (387.71') feet to a point of tangency, 152
said arc of curve to the right having a radius of seven hundred 153
sixteen and twenty hundredths (716.20') feet, a central angle of 154
thirty-one (31) degrees, one (01) minute, one (01) second, a 155
chord distance of three hundred eighty-three and zero hundredths 156
(383.00') feet and a chord bearing of North seventy-eight (78) 157
degrees, fifteen (15) minutes, fourteen (14) seconds East; thence
South eighty-six (86) degrees, fourteen (14) minutes, fifteen 158
(15) seconds East, a distance of four hundred eighty-seven and 159
seventy-eight hundredths (487.78') feet; thence South eighty-one 160
(81) degrees, twenty-three (23) minutes, zero (00) seconds East, 161
a distance of nine hundred seventy-five and twenty-nine
hundredths (975.29') feet; thence South nineteen (19) degrees, 162
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fifty-nine (59) minutes, thirty-six (36) seconds West along a 163
line, a distance of nine hundred ninety-three and fifty-one 164
hundredths (993.51') feet to a point; thence South fifty-eight 165
(58) degrees, fifteen (15) minutes, forty-one (41) seconds east
along a line, a distance of one thousand eleven and twelve 166
hundredths (1,011.12') feet to the True Point of Beginning. 167
Said parcel of land containing an area of 182.19 acres of 169
land, more or less. Subject to legal highways, 170
Less and excepting the following described: 172
Commencing at the intersection of the North line of the 173
Northwest quarter of Section 16 with the centerline of Detroit 174
Avenue, said North line of the Northwest quarter of Section 16 175
also being the centerline of Old Arlington Avenue, said point of 176
intersection being marked with a cross on a manhole rim; thence 177
southwesterly along the centerline of Detroit Avenue having an
assumed bearing of S 34° 18'20" W, a distance of 1535.53 feet to 178
the True Point of Beginning; thence continuing S 34° 18' 20" W 179
along the centerline of Detroit Avenue a distance of 801.79 feet 180
to a point of deflection in the centerline of Detroit Avenue, 181
said deflection point being marked by a cross cut in a brass 182
plate; thence S 29° 55' 39" W continuing along the centerline of 183
Detroit Avenue a distance of 100.00 feet to a point; thence N 184
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 185
distance 394.29 feet to a point; thence S 65°48'40" W a distance 187
of 350.00 feet; thence N 24° 11' 20" W a distance of 588.00 feet 188
to a point of curvature; thence northwesterly along a curve to 189
the right having a radius of 1839.86 feet an arc distance of 190
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 191
65°48'40" E a distance of 375.00 feet; thence N 8°23'00" E a 192
distance of 212.00 feet; thence N 81° 23'00" W a distance of 193
437.88 feet; thence N 4° 30' 16" W a distance of 61.06 feet to a 194
point of curvature; thence northwesterly along a curve to the 195
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left having a radius of 1979.86 feet an arc distance of 786.13 196
feet to a point of tangency, said arc having a chord distance of 197
780.97 feet and a chord bearing of N 15° 52' 46" W; thence N 27° 198
15' 16" W a distance of 340.00 feet to a point on the existing
southerly right of way line of Relocated Arlington Avenue; thence 199
N 62° 44' 44" E along said southerly right of way line a distance 200
of 23.06 to a point; thence N 67° 00' 46" E along said southerly 201
right of way line distance of 97.15 feet to a point; thence N 75° 202
17' 26" E along said southerly right of way line a distance of 203
90.85 feet to a point; thence N 88° 15' 40" E along said 204
southerly right of way line a distance of 163.38 feet to a point; 205
thence S 86° 14' 52" E along said southerly right of way line a 206
distance of 119.37 feet to a point; thence S 78° 22' 26" E along
said southerly right of way line a distance of 109.64 feet to a 207
point; thence S 86° 14' 15" E along said southerly right of way 208
line a distance of 141.39 feet to a point; thence S 88° 22' 31" E 209
along said southerly right of way line a distance of 244.11 feet 210
to a point; thence S 81° 23' 00" E along said southerly right of 211
way line a distance of 697.67 feet to a point; thence N 86° 53' 212
49" E along said southerly right of way line a distance of 25.81 213
feet to a point; thence S 82° 47' 58" E along said southerly
right of way line a distance of 109.40 feet to a point on the 214
easterly property line; thence S 19° 59' 36" W along said 215
easterly property line a distance of 935.31 feet to a point; 216
thence S 58° 15' 41" E along a northeasterly property line a 217
distance of 1011.12 feet to the True Point of Beginning. 218
Said parcel of land contains an area of 72.25 acres, more 220
or less.
(B) Prior to executing a deed to convey the real estate 222
described in division (A) of this section or any portion of that 224
real estate, the Board of Trustees of the Medical College of Ohio
at Toledo shall survey the real estate to be conveyed, prepare a 225
legal description of that real estate, and deliver the 226
description to the Auditor of State for preparation of the deed. 227
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(C) The consideration for the real estate described in 229
division (A) of this section or any portion of that real estate 230
shall be a purchase price acceptable to the Board of Trustees of 231
the Medical College of Ohio at Toledo following a survey, or a 232
review of a legal description, by a licensed surveyor and an 233
appraisal by one or more disinterested persons. 235
(D) The real estate described in division (A) of this 237
section or any portion of that real estate shall be conveyed only 238
to persons whose intended use of the real estate is consistent 239
with the purposes of The Advanced Technology Park of Northwest 240
Ohio. Those purposes are to facilitate the commercialization and 241
adoption of inventions and innovations of the faculty and staff 242
of the Medical College of Ohio at Toledo; to create an 243
environment where biomedical and other technology-oriented 244
enterprises would enjoy higher levels of creativity, 245
productivity, and efficiency; and to facilitate the broadening of 246
the economic base and creation of jobs for the city of Toledo and 247
Northwest Ohio. Each offeror shall demonstrate that the proposed 248
use of the real estate is consistent with the purposes of The 249
Advanced Technology Park of Northwest Ohio. 250
(E) Any offer to purchase the real estate described in 252
division (A) of this section or any portion of that real estate 253
must be accompanied by a deposit of one per cent of the purchase 254
price in money order, bank draft, or certified check. The 255
balance of the purchase price must be paid within sixty days 256
after the Board of Trustees of the Medical College of Ohio at 258
Toledo has sent to the offeror notification that the offer has 259
been accepted, or at such later time as is specified in the 261
contract of sale. If an offer has been accepted and the offeror 262
does not pay the balance within the time limits provided in this 263
division, the offeror shall forfeit the one-per-cent deposit to 264
the Board of Trustees as liquidated damages. 265
(F) Upon payment of the purchase price by a purchaser, the 267
Auditor of State, with the assistance of the Attorney General, 268
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shall prepare a deed to the real estate described pursuant to 269
division (B) of this section. The deed shall state the 271
consideration, be executed by the Board of Trustees of the
Medical College of Ohio at Toledo, be presented in the Office of 273
the Auditor of State for recording, and be delivered to the 274
purchaser. The purchaser shall present the deed for recording in 275
the Office of the Lucas County Recorder. 276
(G) Advertising costs, appraisal fees, and all other costs 278
of the conveyance of the real estate described in division (A) of 279
this section or any portion of that real estate shall be paid by 280
the Board of Trustees of the Medical College of Ohio at Toledo 281
unless otherwise specified in the contract of sale. 282
(H) The net proceeds of the conveyance of the real estate 284
described in division (A) of this section or any portion of that 286
real estate shall be deposited in the appropriate accounts for
purposes determined by the Board of Trustees of the Medical 287
College of Ohio at Toledo. 288
Section 2. (A) The Governor and the Board of Trustees of 290
the Medical College of Ohio at Toledo Foundation (the Foundation) 292
are hereby authorized to execute deeds in the name of the 294
Foundation conveying to purchasers and the purchasers' heirs and 295
assigns or successors and assigns all of the Foundation's and the 296
State's right, title, and interest in any portion of the 298
following described real estate located in an area known as
Foundation Park: 299
Lots 2, 3, 4, 5, 6, 7-A, and 7-B in Foundation Park, a 301
Subdivision in the City of Toledo, Lucas County as per plat 302
thereof recorded in Volume 76 of Plats, Page 45, Lucas County 303
Records; containing 31.8034 acres more or less. 304
(B) Prior to executing a deed to convey the real estate 306
described in division (A) of this section or any portion of that 308
real estate, the Board of Trustees of the Foundation shall survey 309
the real estate to be conveyed, prepare a legal description of 310
that real estate, and deliver the description to the Auditor of 311
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State for preparation of the deed.
(C) The consideration for the real estate described in 313
division (A) of this section or any portion of that real estate 314
shall be a purchase price acceptable to the Board of Trustees of 315
the Foundation following a survey, or a review of a legal 316
description, by a licensed surveyor and an appraisal by one or 317
more disinterested persons. 318
(D) Any offer to purchase the real estate described in 320
division (A) of this section or any portion of that real estate 321
must be accompanied by a deposit of not less than one per cent of 322
the purchase price in money order, bank draft, certified check, 323
or wire transfer. The balance of the purchase price must be paid 324
within sixty days after notification of acceptance of the offer 325
has been sent by the Foundation's Board of Trustees to the 326
offeror, or at such later time as is specified in the contract of 327
sale. If an offer has been accepted and the offeror does not pay 328
the balance within the time limits provided in this division, the 329
offeror shall forfeit the deposit to the Board of Trustees as 330
liquidated damages, in addition to other remedies that may be 331
contained in the contract of sale. 332
(E) After acceptance of a contract of sale by the 334
Foundation's Board of Trustees, the Auditor of State, with the 336
assistance of the Attorney General, shall prepare a deed to the 337
real estate described pursuant to division (B) of this section. 338
The deed shall state the consideration, be executed by the 339
Governor and the Foundation's Board of Trustees, be presented in 340
the Office of the Auditor of State for recording, and be 341
delivered to the purchaser. The purchaser shall present the deed 342
for recording in the Office of the Lucas County Recorder. 343
(F) Advertising costs, appraisal fees, and all other costs 345
of the conveyance of the real estate described in division (A) of 346
this section or any portion of that real estate shall be paid by 347
the Board of Trustees of the Foundation unless otherwise 348
specified in the contract of sale. 349
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(G) The net proceeds of the conveyance of the real estate 351
described in division (A) of this section or any portion of that 353
real estate shall be deposited in the appropriate Foundation
accounts as determined by the Foundation's Board of Trustees for 354
the charitable and educational purposes of the Foundation. 355
(H) Each deed signed by the Governor and the Board of 357
Trustees of the Foundation pursuant to division (E) of this 358
section shall contain the following recital: 359
"By the Governor's signature hereon, the State of Ohio 361
hereby releases its reversionary interest and any other 362
restrictions set forth in the Governor's Deed recorded at Volume 363
2458, Page 244 of the Lucas County, Ohio Records, and in Am. S.B. 364
410 of the 110th General Assembly, effective September 30, 1974."
Section 3. This act is hereby declared to be an emergency 366
measure necessary for the immediate preservation of the public 367
peace, health, and safety. The reason for such necessity is to 368
enable the development of The Advanced Technology Park of 369
Northwest Ohio, described in Section 1 of this act, and to 370
maximize the proceeds of the sale of real estate described in 371
Section 2 of this act by enabling the conveyances to take place 372
in a manner competitive with other real estate transactions as 373
soon as willing and able purchasers make offers. This will 374
result, at the earliest possible times, in the availability of 375
revenues for support of the academic institution's teaching and 376
research programs and the development of The Advanced Technology 377
Park of Northwest Ohio. Therefore, this act shall go into 378
immediate effect. 379