As Passed by the Senate 1
122nd General Assembly 4
Regular Session Sub. S. B. No. 90 5
1997-1998 6
SENATORS FURNEY-LATTA-BLESSING-GAETH-HERINGTON-DiDONATO- 8
FINAN-LATELL-ESPY-HAGAN 9
11
A B I L L
To authorize the Board of Trustees of the Medical 13
College of Ohio at Toledo to convey two parcels 14
of real estate or portions of two parcels of real 15
estate located in Lucas County, to authorize the 16
Governor to convey a parcel of real estate or
portions of a parcel of real estate located in 17
Lucas County and owned by the Medical College of 18
Ohio at Toledo Foundation, and to declare an 19
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. (A) The Board of Trustees of the Medical 23
College of Ohio at Toledo is hereby authorized to execute deeds 24
in the name of the Board of Trustees conveying to purchasers and 25
the purchasers' heirs and assigns or successors and assigns all 26
of the Board of Trustees' right, title, and interest in any 27
portion of the following described parcels of real estate, 28
located in an area known as The Advanced Technology Park of 29
Northwest Ohio:
Parcel 1. Northerly Parcel 31
A parcel of land being part of Section Nine (9), in Town 33
Three (3) in the United States Reserve, in the City of Toledo, 34
Lucas County, Ohio, said parcel of land being bounded and 35
described as follows:
Beginning at the intersection of the centerline of Detroit 37
Avenue, as it now exists, with the centerline of Arlington 38
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Avenue, as it now exists; thence in a westerly direction along 39
said centerline of Arlington Avenue, as it now exists, having an 41
assumed bearing of North eighty-two (82) degrees, forty-seven
(47) minutes, fifty-eight (58) seconds West, a distance of one 42
thousand three hundred thirty-eight and ninety hundredths 43
(1,338.90') feet to an angle point in said centerline of 44
Arlington Avenue, as it now exists; thence North eighty-one (81) 45
degrees, twenty-three (23) minutes, zero (00) seconds West along 46
said centerline of Arlington Avenue, as it now exists, a distance 47
of one hundred sixty-eight and seventy-four hundredths (168.74') 48
feet to the intersection of a line drawn one thousand one hundred 49
sixty and zero hundredths (1,160.00') feet easterly of and 51
parallel with the West line of the Southwest quarter (1/4) of 52
said Section Nine (9); thence North eight (08) degrees, nine (09) 53
minutes, twelve (12) seconds East along said line drawn one 54
thousand one hundred sixty and zero hundredths (1,160.00') feet 55
easterly of and parallel with the West line of the Southwest
quarter (1/4) of Section Nine (9), a distance of four hundred 56
forty-eight and fifty-three hundredths (448.53') feet to the 57
intersection of the centerline of Swan Creek, as it now exists, 58
the following six (6) courses follow on and along said centerline 59
of Swan Creek, as it now exists; thence North fifty-four (54) 60
degrees, thirty-four (34) minutes, forty-two (42) seconds East, a
distance of three hundred ninety-four and ninety-six hundredths 61
(394.96') feet; thence North thirty-six (36) degrees, 62
thirty-eight (38) minutes, fifty-one (51) seconds East, a 63
distance of three hundred forty-four and forty-seven hundredths 64
(344.47') feet; thence South seventy-four (74) degrees,
twenty-seven (27) minutes, fifty (50) seconds East, a distance of 65
four hundred fourteen and thirty-seven hundredths (414.37') feet; 66
thence North forty-two (42) degrees, two (02) minutes, six (06) 67
seconds East, a distance of eight hundred forty and fifty-four 68
hundredths (840.54') feet; thence South eighty (80) degrees, 69
eleven (11) minutes, thirteen (13) seconds East, a distance of 70
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four hundred forty and forty-five hundredths (440.45') feet; 71
thence South fifty-two (52) degrees, forty-one (41) minutes,
twenty-five (25) seconds East, a distance of four hundred 72
eighty-seven and sixty-seven hundredths (487.67') feet to the 73
intersection of said centerline of Detroit Avenue as it now 74
exists; thence South thirty-four (34) degrees, twenty-three (23) 75
minutes, fifty-four (54) seconds West along said centerline of 76
Detroit Avenue, as it now exists, a distance of one thousand five
hundred fifty-seven and thirty-eight hundredths (1,557.38') feet 77
to the Point of Beginning. 78
Said parcel of land containing an area of 50.87 acres of 80
land, more or less. Less and excepting therefrom, those lands 81
described in a Transfer of Jurisdiction from the Medical College 82
of Ohio at Toledo to the Ohio Department of Transportation, 83
containing 0.193 Acres, more or less, and further defined as 84
being File No. 5016, on file in the records of the Ohio 85
Department of Administrative Services, General Services Division, 86
Real Estate Services, 4200 Surface Road, Columbus, Ohio 87
43228-1395. Subject to legal highways. 88
Parcel 2. Southerly Parcel 90
A parcel of land being part of Sections Eight (8), Nine 92
(9), Sixteen (16) and Seventeen (17), all being in Town Three (3) 93
in the United States Reserve, in the City of Toledo, Lucas 94
County, Ohio, said parcel of land being bounded and described as 95
follows:
Commencing at the intersection of the centerline of 97
Arlington Avenue, as it now exists, with the centerline of 98
Detroit Avenue, as it now exists; thence in a southwesterly 99
direction along said centerline of Detroit Avenue, as it now
exists, having an assumed bearing of South thirty-four (34) 100
degrees, eighteen (18) minutes, twenty (20) seconds West, a 101
distance of one thousand five hundred fifty-eight and fifteen 102
hundredths (1,558.15') feet to the True Point of Beginning; 103
thence continuing South thirty-four (34) degrees, eighteen (18)
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minutes, twenty (20) seconds West along said centerline of 104
Detroit Avenue, as it now exists, a distance of eight hundred one 105
and seventy-nine hundredths (801.79') feet to an angle point in 106
said centerline of Detroit Avenue, as it now exists; thence South 107
twenty-nine (29) degrees, fifty-five (55) minutes, thirty-nine 108
(39) seconds West along said centerline of Detroit Avenue, as it
now exists, a distance of one thousand three hundred seventeen 109
and fifty-six hundredths (1,317.56') feet to the intersection of 111
the North line of a parcel of land as described in Microfiche 112
80-495B12, Lucas County Deed Records, said northerly line of a 113
parcel of land as described in Microfiche 80-495B12, Lucas County
Deed Records, also being a line drawn seven hundred thirty-seven 114
and seven hundredths (737.07') feet northerly of and parallel 115
with the centerline of Glendale Avenue, as it now exists; thence 116
North eighty (80) degrees, thirty-three (33) minutes, two (02) 117
seconds West along said northerly line of a parcel of land as 118
described in Microfiche 80-495B12, Lucas County Deed Records, a 119
distance of one thousand one hundred thirty-five and thirty-eight
hundredths (1,135.38') feet to the intersection of the West line 120
of the Northwest quarter (1/4) of the Southwest quarter (1/4) of 121
said Section Sixteen (16) thence North eight (08) degrees, one 122
(01) minute, twenty-four (24) seconds East along said West line 123
of the Northwest quarter (1/4) of the Southwest quarter (1/4) of 124
Section Sixteen (16), a distance of five hundred ninety-four and 125
thirty-seven hundredths (594.37') feet to the Intersection of the 126
South line of the Northeast quarter (1/4) of said Section
Seventeen (17); thence North seventy-nine (79) degrees, 127
fifty-seven (57) minutes, twenty-six (26) seconds West along said 128
South line of the Northeast quarter (1/4) of Section Seventeen 129
(17), a distance of one thousand three hundred twenty-nine and 130
seventy-three hundredths (1,329.73') feet to the intersection of 131
the West line of the East half (1/2) of said Northeast quarter
(1/4) of Section Seventeen (17); thence North eight (08) degrees, 132
one (01) minute, thirty-four (34) seconds East along said West 133
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line of the East half (1/2) of the Northeast quarter (1/4) of 134
Section Seventeen (17), a distance of two thousand one hundred 135
nine and twenty-one hundredths (2,109.21') feet to the 136
intersection of said centerline of Arlington Avenue, as it now
exists, the following six (6) courses follow on and along said 137
centerline of Arlington Avenue, as it now exists; thence South 138
eighty-nine (89) degrees, zero (00) minutes, nine (09) seconds 139
East, a distance of ninety-two and sixty-three hundredths 140
(92.63') feet to a point of curve; thence along an arc of curve 141
to the left, an arc distance of three hundred fifty-three and 142
fifteen hundredths (353.15') feet to a point of tangency, said
arc of curve to the left having a radius of seven hundred sixteen 143
and twenty hundredths (716.20') feet, a central angle of 144
twenty-eight (28) degrees, fifteen (15) minutes, seven (07) 145
seconds, a chord distance of three hundred forty-nine and 146
fifty-eight hundredths (349.58') feet and a chord bearing of
North seventy-six (76) degrees, fifty-two (52) minutes, seventeen 147
(17) seconds East; thence North sixty-two (62) degrees, 148
forty-four (44) minutes, forty-four (44) seconds East, a distance 149
of four hundred twenty-nine and fifty-two hundredths (429.52') 150
feet to a point of curve; thence along an arc of curve to the 152
right, an arc distance of three hundred eighty seven and
seventy-one hundredths (387.71') feet to a point of tangency, 153
said arc of curve to the right having a radius of seven hundred 154
sixteen and twenty hundredths (716.20') feet, a central angle of 155
thirty-one (31) degrees, one (01) minute, one (01) second, a 156
chord distance of three hundred eighty-three and zero hundredths 157
(383.00') feet and a chord bearing of North seventy-eight (78) 158
degrees, fifteen (15) minutes, fourteen (14) seconds East; thence
South eighty-six (86) degrees, fourteen (14) minutes, fifteen 159
(15) seconds East, a distance of four hundred eighty-seven and 160
seventy-eight hundredths (487.78') feet; thence South eighty-one 161
(81) degrees, twenty-three (23) minutes, zero (00) seconds East, 162
a distance of nine hundred seventy-five and twenty-nine
6
hundredths (975.29') feet; thence South nineteen (19) degrees, 163
fifty-nine (59) minutes, thirty-six (36) seconds West along a 164
line, a distance of nine hundred ninety-three and fifty-one 165
hundredths (993.51') feet to a point; thence South fifty-eight 166
(58) degrees, fifteen (15) minutes, forty-one (41) seconds east
along a line, a distance of one thousand eleven and twelve 167
hundredths (1,011.12') feet to the True Point of Beginning. 168
Said parcel of land containing an area of 182.19 acres of 170
land, more or less. Subject to legal highways, 171
Less and excepting the following described: 173
Commencing at the intersection of the North line of the 174
Northwest quarter of Section 16 with the centerline of Detroit 175
Avenue, said North line of the Northwest quarter of Section 16 176
also being the centerline of Old Arlington Avenue, said point of 177
intersection being marked with a cross on a manhole rim; thence 178
southwesterly along the centerline of Detroit Avenue having an
assumed bearing of S 34° 18'20" W, a distance of 1535.53 feet to 179
the True Point of Beginning; thence continuing S 34° 18' 20" W 180
along the centerline of Detroit Avenue a distance of 801.79 feet 181
to a point of deflection in the centerline of Detroit Avenue, 182
said deflection point being marked by a cross cut in a brass 183
plate; thence S 29° 55' 39" W continuing along the centerline of 184
Detroit Avenue a distance of 100.00 feet to a point; thence N 185
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 186
distance 394.29 feet to a point; thence S 65°48'40" W a distance 188
of 350.00 feet; thence N 24° 11' 20" W a distance of 588.00 feet 189
to a point of curvature; thence northwesterly along a curve to 190
the right having a radius of 1839.86 feet an arc distance of 191
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 192
65°48'40" E a distance of 375.00 feet; thence N 8°23'00" E a 193
distance of 212.00 feet; thence N 81° 23'00" W a distance of 194
437.88 feet; thence N 4° 30' 16" W a distance of 61.06 feet to a 195
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point of curvature; thence northwesterly along a curve to the 196
left having a radius of 1979.86 feet an arc distance of 786.13 197
feet to a point of tangency, said arc having a chord distance of 198
780.97 feet and a chord bearing of N 15° 52' 46" W; thence N 27° 199
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 200
N 62° 44' 44" E along said southerly right of way line a distance 201
of 23.06 to a point; thence N 67° 00' 46" E along said southerly 202
right of way line distance of 97.15 feet to a point; thence N 75° 203
17' 26" E along said southerly right of way line a distance of 204
90.85 feet to a point; thence N 88° 15' 40" E along said 205
southerly right of way line a distance of 163.38 feet to a point; 206
thence S 86° 14' 52" E along said southerly right of way line a 207
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 208
point; thence S 86° 14' 15" E along said southerly right of way 209
line a distance of 141.39 feet to a point; thence S 88° 22' 31" E 210
along said southerly right of way line a distance of 244.11 feet 211
to a point; thence S 81° 23' 00" E along said southerly right of 212
way line a distance of 697.67 feet to a point; thence N 86° 53' 213
49" E along said southerly right of way line a distance of 25.81 214
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 215
easterly property line; thence S 19° 59' 36" W along said 216
easterly property line a distance of 935.31 feet to a point; 217
thence S 58° 15' 41" E along a northeasterly property line a 218
distance of 1011.12 feet to the True Point of Beginning. 219
Said parcel of land contains an area of 72.25 acres, more 221
or less.
(B) Prior to executing a deed to convey the real estate 223
described in division (A) of this section or any portion of that 225
real estate, the Board of Trustees of the Medical College of Ohio
at Toledo shall survey the real estate to be conveyed, prepare a 226
legal description of that real estate, and deliver the 227
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description to the Auditor of State for preparation of the deed. 228
(C) The consideration for the real estate described in 230
division (A) of this section or any portion of that real estate 231
shall be a purchase price acceptable to the Board of Trustees of 232
the Medical College of Ohio at Toledo following a survey, or a 233
review of a legal description, by a licensed surveyor and an 234
appraisal by one or more disinterested persons. 236
(D) The real estate described in division (A) of this 238
section or any portion of that real estate shall be conveyed only 239
to persons whose intended use of the real estate is consistent 240
with the purposes of The Advanced Technology Park of Northwest 241
Ohio. Those purposes are to facilitate the commercialization and 242
adoption of inventions and innovations of the faculty and staff 243
of the Medical College of Ohio at Toledo; to create an 244
environment where biomedical and other technology-oriented 245
enterprises would enjoy higher levels of creativity, 246
productivity, and efficiency; and to facilitate the broadening of 247
the economic base and creation of jobs for the city of Toledo and 248
Northwest Ohio. Each offeror shall demonstrate that the proposed 249
use of the real estate is consistent with the purposes of The 250
Advanced Technology Park of Northwest Ohio. 251
(E) Any offer to purchase the real estate described in 253
division (A) of this section or any portion of that real estate 254
must be accompanied by a deposit of one per cent of the purchase 255
price in money order, bank draft, or certified check. The 256
balance of the purchase price must be paid within sixty days 257
after the Board of Trustees of the Medical College of Ohio at 259
Toledo has sent to the offeror notification that the offer has 260
been accepted, or at such later time as is specified in the 262
contract of sale. If an offer has been accepted and the offeror 263
does not pay the balance within the time limits provided in this 264
division, the offeror shall forfeit the one-per-cent deposit to 265
the Board of Trustees as liquidated damages. 266
(F) Upon payment of the purchase price by a purchaser, the 268
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Auditor of State, with the assistance of the Attorney General, 269
shall prepare a deed to the real estate described pursuant to 270
division (B) of this section. The deed shall state the 272
consideration, be executed by the Board of Trustees of the
Medical College of Ohio at Toledo, be presented in the Office of 274
the Auditor of State for recording, and be delivered to the 275
purchaser. The purchaser shall present the deed for recording in 276
the Office of the Lucas County Recorder. 277
(G) Advertising costs, appraisal fees, and all other costs 279
of the conveyance of the real estate described in division (A) of 280
this section or any portion of that real estate shall be paid by 281
the Board of Trustees of the Medical College of Ohio at Toledo 282
unless otherwise specified in the contract of sale. 283
(H) The net proceeds of the conveyance of the real estate 285
described in division (A) of this section or any portion of that 287
real estate shall be deposited in the appropriate accounts for
purposes determined by the Board of Trustees of the Medical 288
College of Ohio at Toledo. 289
Section 2. (A) The Governor and the Board of Trustees of 291
the Medical College of Ohio at Toledo Foundation (the Foundation) 293
are hereby authorized to execute deeds in the name of the 295
Foundation conveying to purchasers and the purchasers' heirs and 296
assigns or successors and assigns all of the Foundation's and the 297
State's right, title, and interest in any portion of the 299
following described real estate located in an area known as
Foundation Park: 300
Lots 2, 3, 4, 5, 6, 7-A, and 7-B in Foundation Park, a 302
Subdivision in the City of Toledo, Lucas County as per plat 303
thereof recorded in Volume 76 of Plats, Page 45, Lucas County 304
Records; containing 31.8034 acres more or less. 305
(B) Prior to executing a deed to convey the real estate 307
described in division (A) of this section or any portion of that 309
real estate, the Board of Trustees of the Foundation shall survey 310
the real estate to be conveyed, prepare a legal description of 311
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that real estate, and deliver the description to the Auditor of 312
State for preparation of the deed.
(C) The consideration for the real estate described in 314
division (A) of this section or any portion of that real estate 315
shall be a purchase price acceptable to the Board of Trustees of 316
the Foundation following a survey, or a review of a legal 317
description, by a licensed surveyor and an appraisal by one or 318
more disinterested persons. 319
(D) Any offer to purchase the real estate described in 321
division (A) of this section or any portion of that real estate 322
must be accompanied by a deposit of not less than one per cent of 323
the purchase price in money order, bank draft, certified check, 324
or wire transfer. The balance of the purchase price must be paid 325
within sixty days after notification of acceptance of the offer 326
has been sent by the Foundation's Board of Trustees to the 327
offeror, or at such later time as is specified in the contract of 328
sale. If an offer has been accepted and the offeror does not pay 329
the balance within the time limits provided in this division, the 330
offeror shall forfeit the deposit to the Board of Trustees as 331
liquidated damages, in addition to other remedies that may be 332
contained in the contract of sale. 333
(E) After acceptance of a contract of sale by the 335
Foundation's Board of Trustees, the Auditor of State, with the 337
assistance of the Attorney General, shall prepare a deed to the 338
real estate described pursuant to division (B) of this section. 339
The deed shall state the consideration, be executed by the 340
Governor and the Foundation's Board of Trustees, be presented in 341
the Office of the Auditor of State for recording, and be 342
delivered to the purchaser. The purchaser shall present the deed 343
for recording in the Office of the Lucas County Recorder. 344
(F) Advertising costs, appraisal fees, and all other costs 346
of the conveyance of the real estate described in division (A) of 347
this section or any portion of that real estate shall be paid by 348
the Board of Trustees of the Foundation unless otherwise 349
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specified in the contract of sale. 350
(G) The net proceeds of the conveyance of the real estate 352
described in division (A) of this section or any portion of that 354
real estate shall be deposited in the appropriate Foundation
accounts as determined by the Foundation's Board of Trustees for 355
the charitable and educational purposes of the Foundation. 356
(H) Each deed signed by the Governor and the Board of 358
Trustees of the Foundation pursuant to division (E) of this 359
section shall contain the following recital: 360
"By the Governor's signature hereon, the State of Ohio 362
hereby releases its reversionary interest and any other 363
restrictions set forth in the Governor's Deed recorded at Volume 364
2458, Page 244 of the Lucas County, Ohio Records, and in Am. S.B. 365
410 of the 110th General Assembly, effective September 30, 1974."
Section 3. This act is hereby declared to be an emergency 367
measure necessary for the immediate preservation of the public 368
peace, health, and safety. The reason for such necessity is to 369
enable the development of The Advanced Technology Park of 370
Northwest Ohio, described in Section 1 of this act, and to 371
maximize the proceeds of the sale of real estate described in 372
Section 2 of this act by enabling the conveyances to take place 373
in a manner competitive with other real estate transactions as 374
soon as willing and able purchasers make offers. This will 375
result, at the earliest possible times, in the availability of 376
revenues for support of the academic institution's teaching and 377
research programs and the development of The Advanced Technology 378
Park of Northwest Ohio. Therefore, this act shall go into 379
immediate effect. 380