As Passed by the House 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-REPRESENTATIVES GARCIA-BRITTON-PERZ- 9
GARDNER-LOGAN-LEWIS-FORD-BRADING-OPFER-O'BRIEN-OLMAN 10
12
A B I L L
To authorize the Board of Trustees of the Medical 14
College of Ohio at Toledo to convey two parcels 15
of real estate or portions of two parcels of real 16
estate located in Lucas County, to authorize the 17
Governor to convey a parcel of real estate or
portions of a parcel of real estate located in 18
Lucas County and owned by the Medical College of 19
Ohio at Toledo Foundation, to authorize the 20
Governor to convey two parcels of state-owned 21
real estate in Columbiana County to George W. 22
Morris, and to declare an emergency. 23
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 25
Section 1. (A) The Board of Trustees of the Medical 27
College of Ohio at Toledo is hereby authorized to execute deeds 28
in the name of the Board of Trustees conveying to purchasers and 29
the purchasers' heirs and assigns or successors and assigns all 30
of the Board of Trustees' right, title, and interest in any 31
portion of the following described parcels of real estate, 32
located in an area known as The Advanced Technology Park of 33
Northwest Ohio:
Parcel 1. Northerly Parcel 35
A parcel of land being part of Section Nine (9), in Town 37
Three (3) in the United States Reserve, in the City of Toledo, 38
Lucas County, Ohio, said parcel of land being bounded and 39
2
described as follows:
Beginning at the intersection of the centerline of Detroit 41
Avenue, as it now exists, with the centerline of Arlington 42
Avenue, as it now exists; thence in a westerly direction along 43
said centerline of Arlington Avenue, as it now exists, having an 45
assumed bearing of North eighty-two (82) degrees, forty-seven
(47) minutes, fifty-eight (58) seconds West, a distance of one 46
thousand three hundred thirty-eight and ninety hundredths 47
(1,338.90') feet to an angle point in said centerline of 48
Arlington Avenue, as it now exists; thence North eighty-one (81) 49
degrees, twenty-three (23) minutes, zero (00) seconds West along 50
said centerline of Arlington Avenue, as it now exists, a distance 51
of one hundred sixty-eight and seventy-four hundredths (168.74') 52
feet to the intersection of a line drawn one thousand one hundred 53
sixty and zero hundredths (1,160.00') feet easterly of and 55
parallel with the West line of the Southwest quarter (1/4) of 56
said Section Nine (9); thence North eight (08) degrees, nine (09) 57
minutes, twelve (12) seconds East along said line drawn one 58
thousand one hundred sixty and zero hundredths (1,160.00') feet 59
easterly of and parallel with the West line of the Southwest
quarter (1/4) of Section Nine (9), a distance of four hundred 60
forty-eight and fifty-three hundredths (448.53') feet to the 61
intersection of the centerline of Swan Creek, as it now exists, 62
the following six (6) courses follow on and along said centerline 63
of Swan Creek, as it now exists; thence North fifty-four (54) 64
degrees, thirty-four (34) minutes, forty-two (42) seconds East, a
distance of three hundred ninety-four and ninety-six hundredths 65
(394.96') feet; thence North thirty-six (36) degrees, 66
thirty-eight (38) minutes, fifty-one (51) seconds East, a 67
distance of three hundred forty-four and forty-seven hundredths 68
(344.47') feet; thence South seventy-four (74) degrees,
twenty-seven (27) minutes, fifty (50) seconds East, a distance of 69
four hundred fourteen and thirty-seven hundredths (414.37') feet; 70
thence North forty-two (42) degrees, two (02) minutes, six (06) 71
3
seconds East, a distance of eight hundred forty and fifty-four 72
hundredths (840.54') feet; thence South eighty (80) degrees, 73
eleven (11) minutes, thirteen (13) seconds East, a distance of 74
four hundred forty and forty-five hundredths (440.45') feet; 75
thence South fifty-two (52) degrees, forty-one (41) minutes,
twenty-five (25) seconds East, a distance of four hundred 76
eighty-seven and sixty-seven hundredths (487.67') feet to the 77
intersection of said centerline of Detroit Avenue as it now 78
exists; thence South thirty-four (34) degrees, twenty-three (23) 79
minutes, fifty-four (54) seconds West along said centerline of 80
Detroit Avenue, as it now exists, a distance of one thousand five
hundred fifty-seven and thirty-eight hundredths (1,557.38') feet 81
to the Point of Beginning. 82
Said parcel of land containing an area of 50.87 acres of 84
land, more or less. Less and excepting therefrom, those lands 85
described in a Transfer of Jurisdiction from the Medical College 86
of Ohio at Toledo to the Ohio Department of Transportation, 87
containing 0.193 Acres, more or less, and further defined as 88
being File No. 5016, on file in the records of the Ohio 89
Department of Administrative Services, General Services Division, 90
Real Estate Services, 4200 Surface Road, Columbus, Ohio 91
43228-1395. Subject to legal highways. 92
Parcel 2. Southerly Parcel 94
A parcel of land being part of Sections Eight (8), Nine 96
(9), Sixteen (16) and Seventeen (17), all being in Town Three (3) 97
in the United States Reserve, in the City of Toledo, Lucas 98
County, Ohio, said parcel of land being bounded and described as 99
follows:
Commencing at the intersection of the centerline of 101
Arlington Avenue, as it now exists, with the centerline of 102
Detroit Avenue, as it now exists; thence in a southwesterly 103
direction along said centerline of Detroit Avenue, as it now
exists, having an assumed bearing of South thirty-four (34) 104
degrees, eighteen (18) minutes, twenty (20) seconds West, a 105
4
distance of one thousand five hundred fifty-eight and fifteen 106
hundredths (1,558.15') feet to the True Point of Beginning; 107
thence continuing South thirty-four (34) degrees, eighteen (18)
minutes, twenty (20) seconds West along said centerline of 108
Detroit Avenue, as it now exists, a distance of eight hundred one 109
and seventy-nine hundredths (801.79') feet to an angle point in 110
said centerline of Detroit Avenue, as it now exists; thence South 111
twenty-nine (29) degrees, fifty-five (55) minutes, thirty-nine 112
(39) seconds West along said centerline of Detroit Avenue, as it
now exists, a distance of one thousand three hundred seventeen 113
and fifty-six hundredths (1,317.56') feet to the intersection of 115
the North line of a parcel of land as described in Microfiche 116
80-495B12, Lucas County Deed Records, said northerly line of a 117
parcel of land as described in Microfiche 80-495B12, Lucas County
Deed Records, also being a line drawn seven hundred thirty-seven 118
and seven hundredths (737.07') feet northerly of and parallel 119
with the centerline of Glendale Avenue, as it now exists; thence 120
North eighty (80) degrees, thirty-three (33) minutes, two (02) 121
seconds West along said northerly line of a parcel of land as 122
described in Microfiche 80-495B12, Lucas County Deed Records, a 123
distance of one thousand one hundred thirty-five and thirty-eight
hundredths (1,135.38') feet to the intersection of the West line 124
of the Northwest quarter (1/4) of the Southwest quarter (1/4) of 125
said Section Sixteen (16) thence North eight (08) degrees, one 126
(01) minute, twenty-four (24) seconds East along said West line 127
of the Northwest quarter (1/4) of the Southwest quarter (1/4) of 128
Section Sixteen (16), a distance of five hundred ninety-four and 129
thirty-seven hundredths (594.37') feet to the Intersection of the 130
South line of the Northeast quarter (1/4) of said Section
Seventeen (17); thence North seventy-nine (79) degrees, 131
fifty-seven (57) minutes, twenty-six (26) seconds West along said 132
South line of the Northeast quarter (1/4) of Section Seventeen 133
(17), a distance of one thousand three hundred twenty-nine and 134
seventy-three hundredths (1,329.73') feet to the intersection of 135
5
the West line of the East half (1/2) of said Northeast quarter
(1/4) of Section Seventeen (17); thence North eight (08) degrees, 136
one (01) minute, thirty-four (34) seconds East along said West 137
line of the East half (1/2) of the Northeast quarter (1/4) of 138
Section Seventeen (17), a distance of two thousand one hundred 139
nine and twenty-one hundredths (2,109.21') feet to the 140
intersection of said centerline of Arlington Avenue, as it now
exists, the following six (6) courses follow on and along said 141
centerline of Arlington Avenue, as it now exists; thence South 142
eighty-nine (89) degrees, zero (00) minutes, nine (09) seconds 143
East, a distance of ninety-two and sixty-three hundredths 144
(92.63') feet to a point of curve; thence along an arc of curve 145
to the left, an arc distance of three hundred fifty-three and 146
fifteen hundredths (353.15') feet to a point of tangency, said
arc of curve to the left having a radius of seven hundred sixteen 147
and twenty hundredths (716.20') feet, a central angle of 148
twenty-eight (28) degrees, fifteen (15) minutes, seven (07) 149
seconds, a chord distance of three hundred forty-nine and 150
fifty-eight hundredths (349.58') feet and a chord bearing of
North seventy-six (76) degrees, fifty-two (52) minutes, seventeen 151
(17) seconds East; thence North sixty-two (62) degrees, 152
forty-four (44) minutes, forty-four (44) seconds East, a distance 153
of four hundred twenty-nine and fifty-two hundredths (429.52') 154
feet to a point of curve; thence along an arc of curve to the 156
right, an arc distance of three hundred eighty seven and
seventy-one hundredths (387.71') feet to a point of tangency, 157
said arc of curve to the right having a radius of seven hundred 158
sixteen and twenty hundredths (716.20') feet, a central angle of 159
thirty-one (31) degrees, one (01) minute, one (01) second, a 160
chord distance of three hundred eighty-three and zero hundredths 161
(383.00') feet and a chord bearing of North seventy-eight (78) 162
degrees, fifteen (15) minutes, fourteen (14) seconds East; thence
South eighty-six (86) degrees, fourteen (14) minutes, fifteen 163
(15) seconds East, a distance of four hundred eighty-seven and 164
6
seventy-eight hundredths (487.78') feet; thence South eighty-one 165
(81) degrees, twenty-three (23) minutes, zero (00) seconds East, 166
a distance of nine hundred seventy-five and twenty-nine
hundredths (975.29') feet; thence South nineteen (19) degrees, 167
fifty-nine (59) minutes, thirty-six (36) seconds West along a 168
line, a distance of nine hundred ninety-three and fifty-one 169
hundredths (993.51') feet to a point; thence South fifty-eight 170
(58) degrees, fifteen (15) minutes, forty-one (41) seconds east
along a line, a distance of one thousand eleven and twelve 171
hundredths (1,011.12') feet to the True Point of Beginning. 172
Said parcel of land containing an area of 182.19 acres of 174
land, more or less. Subject to legal highways, 175
Less and excepting the following described: 177
Commencing at the intersection of the North line of the 178
Northwest quarter of Section 16 with the centerline of Detroit 179
Avenue, said North line of the Northwest quarter of Section 16 180
also being the centerline of Old Arlington Avenue, said point of 181
intersection being marked with a cross on a manhole rim; thence 182
southwesterly along the centerline of Detroit Avenue having an
assumed bearing of S 34° 18'20" W, a distance of 1535.53 feet to 183
the True Point of Beginning; thence continuing S 34° 18' 20" W 184
along the centerline of Detroit Avenue a distance of 801.79 feet 185
to a point of deflection in the centerline of Detroit Avenue, 186
said deflection point being marked by a cross cut in a brass 187
plate; thence S 29° 55' 39" W continuing along the centerline of 188
Detroit Avenue a distance of 100.00 feet to a point; thence N 189
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 190
distance 394.29 feet to a point; thence S 65°48'40" W a distance 192
of 350.00 feet; thence N 24° 11' 20" W a distance of 588.00 feet 193
to a point of curvature; thence northwesterly along a curve to 194
the right having a radius of 1839.86 feet an arc distance of 195
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 196
7
65°48'40" E a distance of 375.00 feet; thence N 8°23'00" E a 197
distance of 212.00 feet; thence N 81° 23'00" W a distance of 198
437.88 feet; thence N 4° 30' 16" W a distance of 61.06 feet to a 199
point of curvature; thence northwesterly along a curve to the 200
left having a radius of 1979.86 feet an arc distance of 786.13 201
feet to a point of tangency, said arc having a chord distance of 202
780.97 feet and a chord bearing of N 15° 52' 46" W; thence N 27° 203
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 204
N 62° 44' 44" E along said southerly right of way line a distance 205
of 23.06 to a point; thence N 67° 00' 46" E along said southerly 206
right of way line distance of 97.15 feet to a point; thence N 75° 207
17' 26" E along said southerly right of way line a distance of 208
90.85 feet to a point; thence N 88° 15' 40" E along said 209
southerly right of way line a distance of 163.38 feet to a point; 210
thence S 86° 14' 52" E along said southerly right of way line a 211
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 212
point; thence S 86° 14' 15" E along said southerly right of way 213
line a distance of 141.39 feet to a point; thence S 88° 22' 31" E 214
along said southerly right of way line a distance of 244.11 feet 215
to a point; thence S 81° 23' 00" E along said southerly right of 216
way line a distance of 697.67 feet to a point; thence N 86° 53' 217
49" E along said southerly right of way line a distance of 25.81 218
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 219
easterly property line; thence S 19° 59' 36" W along said 220
easterly property line a distance of 935.31 feet to a point; 221
thence S 58° 15' 41" E along a northeasterly property line a 222
distance of 1011.12 feet to the True Point of Beginning. 223
Said parcel of land contains an area of 72.25 acres, more 225
or less.
(B) Prior to executing a deed to convey the real estate 227
described in division (A) of this section or any portion of that 229
8
real estate, the Board of Trustees of the Medical College of Ohio
at Toledo shall survey the real estate to be conveyed, prepare a 230
legal description of that real estate, and deliver the 231
description to the Auditor of State for preparation of the deed. 232
(C) The consideration for the real estate described in 234
division (A) of this section or any portion of that real estate 235
shall be a purchase price acceptable to the Board of Trustees of 236
the Medical College of Ohio at Toledo following a survey, or a 237
review of a legal description, by a licensed surveyor and an 238
appraisal by one or more disinterested persons. 240
(D) The real estate described in division (A) of this 242
section or any portion of that real estate shall be conveyed only 243
to persons whose intended use of the real estate is consistent 244
with the purposes of The Advanced Technology Park of Northwest 245
Ohio. Those purposes are to facilitate the commercialization and 246
adoption of inventions and innovations of the faculty and staff 247
of the Medical College of Ohio at Toledo; to create an 248
environment where biomedical and other technology-oriented 249
enterprises would enjoy higher levels of creativity, 250
productivity, and efficiency; and to facilitate the broadening of 251
the economic base and creation of jobs for the city of Toledo and 252
Northwest Ohio. Each offeror shall demonstrate that the proposed 253
use of the real estate is consistent with the purposes of The 254
Advanced Technology Park of Northwest Ohio. 255
(E) Any offer to purchase the real estate described in 257
division (A) of this section or any portion of that real estate 258
must be accompanied by a deposit of one per cent of the purchase 259
price in money order, bank draft, or certified check. The 260
balance of the purchase price must be paid within sixty days 261
after the Board of Trustees of the Medical College of Ohio at 263
Toledo has sent to the offeror notification that the offer has 264
been accepted, or at such later time as is specified in the 266
contract of sale. If an offer has been accepted and the offeror 267
does not pay the balance within the time limits provided in this 268
9
division, the offeror shall forfeit the one-per-cent deposit to 269
the Board of Trustees as liquidated damages. 270
(F) Upon payment of the purchase price by a purchaser, the 272
Auditor of State, with the assistance of the Attorney General, 273
shall prepare a deed to the real estate described pursuant to 274
division (B) of this section. The deed shall state the 276
consideration, be executed by the Board of Trustees of the
Medical College of Ohio at Toledo, be presented in the Office of 278
the Auditor of State for recording, and be delivered to the 279
purchaser. The purchaser shall present the deed for recording in 280
the Office of the Lucas County Recorder. 281
(G) Advertising costs, appraisal fees, and all other costs 283
of the conveyance of the real estate described in division (A) of 284
this section or any portion of that real estate shall be paid by 285
the Board of Trustees of the Medical College of Ohio at Toledo 286
unless otherwise specified in the contract of sale. 287
(H) The net proceeds of the conveyance of the real estate 289
described in division (A) of this section or any portion of that 291
real estate shall be deposited in the appropriate accounts for
purposes determined by the Board of Trustees of the Medical 292
College of Ohio at Toledo. 293
Section 2. (A) The Governor and the Board of Trustees of 295
the Medical College of Ohio at Toledo Foundation (the Foundation) 297
are hereby authorized to execute deeds in the name of the 299
Foundation conveying to purchasers and the purchasers' heirs and 300
assigns or successors and assigns all of the Foundation's and the 301
State's right, title, and interest in any portion of the 303
following described real estate located in an area known as
Foundation Park: 304
Lots 2, 3, 4, 5, 6, 7-A, and 7-B in Foundation Park, a 306
Subdivision in the City of Toledo, Lucas County as per plat 307
thereof recorded in Volume 76 of Plats, Page 45, Lucas County 308
Records; containing 31.8034 acres more or less. 309
(B) Prior to executing a deed to convey the real estate 311
10
described in division (A) of this section or any portion of that 313
real estate, the Board of Trustees of the Foundation shall survey 314
the real estate to be conveyed, prepare a legal description of 315
that real estate, and deliver the description to the Auditor of 316
State for preparation of the deed.
(C) The consideration for the real estate described in 318
division (A) of this section or any portion of that real estate 319
shall be a purchase price acceptable to the Board of Trustees of 320
the Foundation following a survey, or a review of a legal 321
description, by a licensed surveyor and an appraisal by one or 322
more disinterested persons. 323
(D) Any offer to purchase the real estate described in 325
division (A) of this section or any portion of that real estate 326
must be accompanied by a deposit of not less than one per cent of 327
the purchase price in money order, bank draft, certified check, 328
or wire transfer. The balance of the purchase price must be paid 329
within sixty days after notification of acceptance of the offer 330
has been sent by the Foundation's Board of Trustees to the 331
offeror, or at such later time as is specified in the contract of 332
sale. If an offer has been accepted and the offeror does not pay 333
the balance within the time limits provided in this division, the 334
offeror shall forfeit the deposit to the Board of Trustees as 335
liquidated damages, in addition to other remedies that may be 336
contained in the contract of sale. 337
(E) After acceptance of a contract of sale by the 339
Foundation's Board of Trustees, the Auditor of State, with the 341
assistance of the Attorney General, shall prepare a deed to the 342
real estate described pursuant to division (B) of this section. 343
The deed shall state the consideration, be executed by the 344
Governor and the Foundation's Board of Trustees, be presented in 345
the Office of the Auditor of State for recording, and be 346
delivered to the purchaser. The purchaser shall present the deed 347
for recording in the Office of the Lucas County Recorder. 348
(F) Advertising costs, appraisal fees, and all other costs 350
11
of the conveyance of the real estate described in division (A) of 351
this section or any portion of that real estate shall be paid by 352
the Board of Trustees of the Foundation unless otherwise 353
specified in the contract of sale. 354
(G) The net proceeds of the conveyance of the real estate 356
described in division (A) of this section or any portion of that 358
real estate shall be deposited in the appropriate Foundation
accounts as determined by the Foundation's Board of Trustees for 359
the charitable and educational purposes of the Foundation. 360
(H) Each deed signed by the Governor and the Board of 362
Trustees of the Foundation pursuant to division (E) of this 363
section shall contain the following recital: 364
"By the Governor's signature hereon, the State of Ohio 366
hereby releases its reversionary interest and any other 367
restrictions set forth in the Governor's Deed recorded at Volume 368
2458, Page 244 of the Lucas County, Ohio Records, and in Am. S.B. 369
410 of the 110th General Assembly, effective September 30, 1974."
Section 3. (A) The Governor is hereby authorized to 371
execute a deed in the name of the state conveying to George W. 372
Morris and his heirs and assigns all of the state's right, title, 373
and interest in the following described two parcels of real 374
estate:
Parcel 1 376
Situated in the City of Salem, County of Columbiana and 377
State of Ohio, and being those lands conveyed to the State of 379
Ohio, Department of Public Works by Deed of Record in Deed Book 380
1276, Page 538, Recorder's Office, County of Columbiana, State of 381
Ohio, and being more particularly described as follows: Being 383
Lot No. 127 in the Tolerton and Kidd Addition to the said City of 384
Salem, fronting 50 feet on the East side of Penn Avenue with an 385
even depth of 150 feet.
Parcel 2 387
Situated in the City of Salem, County of Columbiana and 388
State of Ohio, and being those lands conveyed to the State of 389
12
Ohio, Department of Public Works by Deed of Record in Deed Book 390
1276, page 536, Recorder's Office, County of Columbiana, State of 391
Ohio, and being more particularly described as follows: Known as 393
and being Lot No. One Hundred Twenty-two (122) in Tolerton and
Kidd's Addition of Lots to the City of Salem, Ohio. 394
(B) Consideration for the conveyance of the two parcels of 396
real estate described in division (A) of this section is a 397
purchase price of two hundred five thousand dollars and no cents 398
($205,000).
(C) The proceeds of the conveyance of the real estate 400
described in division (A) of this section shall be deposited into 401
the Building Consolidation Fund in the state treasury, which is 403
hereby created in the state treasury. At the request of the 404
Administrator of the Ohio Bureau of Employment Services, the
Treasurer of State shall transfer funds from the Building 405
Consolidation Fund to the OBES Building Enhancement Fund, which 406
is hereby created in the state treasury. The proceeds of the 407
conveyance, less any amount that may be deducted pursuant to this 409
section for the costs of the conveyance, shall be used to enhance
other facilities owned by the Ohio Bureau of Employment Services 410
in which the United States Department of Labor has full equity. 411
If any amount of the proceeds cannot be used for this purpose, 412
the Administrator shall return that unusable portion of the 413
proceeds, less any amount deducted pursuant to this section for
the costs of the conveyance, to the United States Department of 414
Labor. An amount may be deducted from the proceeds to cover the 415
costs of the conveyance. The amount of the proceeds that is 416
deducted for that purpose shall be credited to the Unemployment 417
Compensation Special Administration Fund created under section 418
4141.11 of the Revised Code.
(D) Upon the payment of the purchase price by George W. 420
Morris, the Auditor of State, with the assistance of the Attorney 421
General, shall prepare a deed to the real estate described in 422
division (A) of this section. The deed shall state the 423
13
consideration. The deed shall be executed by the Governor in the
name of the state, countersigned by the Secretary of State, 424
sealed with the Great Seal of the State, presented in the Office 425
of the Auditor of State for recording, and delivered to George W. 426
Morris. George W. Morris shall present the deed for recording in 427
the Office of the Columbiana County Recorder.
(E) George W. Morris shall pay the costs of the conveyance 429
of the property described in division (A) of this section. 430
(F) Divisions (A), (B), (D), and (E) of this section 432
expire one year after the effective date of this act. 433
Section 4. This act is hereby declared to be an emergency 435
measure necessary for the immediate preservation of the public 436
peace, health, and safety. The reason for such necessity is to 437
enable the development of The Advanced Technology Park of 438
Northwest Ohio, described in Section 1 of this act, and to 439
maximize the proceeds of the sale of real estate described in 440
Section 2 of this act by enabling the conveyances to take place 441
in a manner competitive with other real estate transactions as 442
soon as willing and able purchasers make offers, which will 443
result, at the earliest possible times, in the availability of 444
revenues for support of the academic institution's teaching and 445
research programs and the development of The Advanced Technology 446
Park of Northwest Ohio; and to enable the conveyance described in 447
Section 3 of this act to take place as soon as practicable so 448
that the grantee can make urgently needed repairs in the roof of 449
the building located on the property so that the property will 450
not incur additional damage while under state control. 451
Therefore, this act shall go into immediate effect. 452