As Passed by the House                        1            

123rd General Assembly                                             4            

   Regular Session                               Am. H. B. No. 48  5            

      1999-2000                                                    6            


    REPRESENTATIVES PATTON-ALLEN-LOGAN-GERBERRY-LUCAS-DISTEL-      7            

               SYKES-FLANNERY-OPFER-BARNES-VERICH                  8            


_________________________________________________________________   9            

                          A   B I L L                                           

             To authorize the conveyance of two parcels of         11           

                state-owned real estate in Mahoning County to      12           

                Carl Vaccar and Robin S. Vaccar.                                




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        14           

      Section 1.  The Governor is hereby authorized to execute a   16           

deed in the name of the state conveying to Carl Vaccar and Robin   17           

S. Vaccar, and their heirs and assigns, all of the state's right,  19           

title, and interest in two parcels of real estate located in       20           

Mahoning County and further described as follows:                               

      Parcel 1                                                     22           

      Known as the Woodside Hospital facility and further          24           

described as:                                                                   

      Situated in the City of Youngstown, County of Mahoning,      26           

State of Ohio, being part of original City Out-Lot No. 1198,       27           

further bounded and described as follows:                          28           

      Beginning at a 5/8" rebar found at the intersection of the   30           

north line of Indianola Avenue (50' R/W) with the east line of     31           

Homestead Street (50' R/W);                                                     

      Thence, N 84°04'00" E, along the north line of Indianola     33           

Avenue, 202.59 feet to a 5/8" capped rebar set and the True Place  34           

of Beginning for the parcel being described herein;                35           

      Thence, N 03°02'15" E, leaving the north line of Indianola   37           

Avenue, parallel with the east line of Homestead Street, 498.27    38           

feet to a 5/8" capped rebar set on the south line of Wilbur        39           

Avenue (40' R/W);                                                               

                                                          2      


                                                                 
      Thence, S 87°46'54" E, along the south line of Wilbur        41           

Avenue, 444.81 feet to a 5/8" capped rebar set;                    42           

      Thence, S 03°02'15" W, parallel with the east line of        44           

Homestead Street, 434.42 feet to a 1/2" rebar found on the north   45           

line of Indianola Avenue;                                                       

      Thence, S 84°04'00" W, along the north line Indianola        47           

Avenue, 450.27 feet to the True Place of Beginning and containing  48           

4.7616 acres of land but subject to all legal highways,            49           

easements, and restrictions, as surveyed by Deron J. Millman,      50           

P.S., Number 7717 for Environmental Design Group, Inc. in May                   

1996.                                                                           

      The basis of bearing for the above described parcel is the   52           

north line of Indianola Avenue (S 84°04'00" W) per Deed Volume     53           

672, Page 26 of Mahoning County Records of Deeds.                  54           

      Parcel 2                                                     56           

      Situated in the City of Youngstown, County of Mahoning and   58           

State of Ohio:                                                                  

      Known as being the northwesterly part of Youngstown City     60           

Outlot 1198 in said City of Youngstown and being further bounded   61           

and described as follows:                                                       

      Beginning at a point on the easterly right-of-way line of    63           

Homestead Avenue, said point being at the intersection of said     64           

Homestead Avenue right-of-way line with the southerly              66           

right-of-way line of Wilbur Avenue (unimproved);                                

      Thence along said Wilbur Avenue right-of-way line, South 87  68           

degrees 46 minutes 54 seconds East a distance of 200.13 feet to a  69           

point;                                                                          

      Thence South 03 degrees 02 minutes 15 seconds West a         71           

distance of 222.72 feet to a point;                                73           

      Thence North 87 degrees 46 minutes 54 seconds West a         75           

distance of 200.13 feet to a point on said Homestead Avenue        77           

right-of-way line;                                                              

      Thence along said Homestead Avenue right-of-way line, North  79           

03 degrees 02 minutes 15 seconds East a distance of 222.72 feet    80           

                                                          3      


                                                                 
to the Point of Beginning and containing within said bounds 1.023  82           

acres of land.                                                                  

      Section 2.  Consideration for conveyance of the real estate  84           

described in Section 1 of this act is the conveyance to the state  87           

from Carl Vaccar and Robin S. Vaccar of four parcels of real       88           

estate that together are known as Lincoln Place/Compass, plus      89           

$772,000.00 that Youngstown State University shall pay to Carl     90           

Vaccar and Robin S. Vaccar for the four parcels.  The four         91           

parcels to be conveyed to the state are further described as       92           

follows:                                                           93           

      Parcel 1                                                     95           

      Situated in the City of Youngstown, County of Mahoning,      97           

State of Ohio, and known as being Lot No. 3389, according to the   98           

latest enumeration of lots in said City, formerly Lot No. 3389     99           

and the westerly 5 feet, from front to rear, of Lot No. 3390 in    100          

William S. Parmelee "Trustee" Addition, as recorded in Volume 3    101          

of Plats, Page 31 of Mahoning County Records.                                   

      Said Lot has a frontage of 45 feet on the southwesterly      103          

line of Lincoln Avenue and extends back on its northwesterly line  104          

145 feet, and on its southwesterly line 145 feet, having a rear    105          

line of 45 feet, as appears by said plat, subject to all legal     106          

highways.                                                                       

      Parcel 2                                                     108          

      Situated in the City of Youngstown, County of Mahoning,      110          

State of Ohio, and known as being Lot No. 3390, according to the   111          

latest enumeration of lots in said City, formerly known as the     112          

East 55 feet of original Youngstown City Lot No. 3390, as          114          

recorded in Volume 3 of Plats, Page 31 of Mahoning County          115          

Records, and is bounded and described as follows:                               

      Beginning on the southwest line of Lincoln Avenue at the     117          

northwest corner of Youngstown City Lot No. 3391; thence           118          

southwest along the northwest line of said Youngstown City Lot     120          

No. 3391, 145 feet to the southwest corner of Youngstown City Lot  121          

No. 3391; thence northwest on a line parallel with the southwest   122          

                                                          4      


                                                                 
line of Lincoln Avenue, 55 feet to a point; thence northeast on a  123          

line parallel with the northwest line of Youngstown City Lot No.   124          

3391, 145 feet to the southwest line of Lincoln Avenue, 55 feet    125          

to the place of beginning, as appears by said plat, subject to     126          

all legal highways.                                                             

      Parcel 3                                                     128          

      Situated in the City of Youngstown, County of Mahoning and   130          

State of Ohio, and known as being Youngstown City Lot No. 1834,    131          

according to the latest enumeration of lots in said City,          132          

formerly part of Youngstown City Lot No. 3387, in William S.       133          

Parmelee Plat, as shown by the recorded plat of said Subdivision   134          

in Volume 3 of Maps, Page 31 of Mahoning County Records.                        

      Said Youngstown City Lot No. 1834 has a frontage of 50 feet  136          

on the southwesterly side of Lincoln Avenue and extends back       137          

between parallel lines 145 feet on the northwesterly line, 145     138          

feet on the southeasterly line and has a rear line of 50 feet, as  139          

appears by said plat, be the same more or less, but subject to     140          

all legal highways.                                                             

      Parcel 4                                                     142          

      Situated in the City of Youngstown, County of Mahoning and   144          

State of Ohio, and known as being Youngstown City Lot No. 3388,    145          

according to the latest enumeration of lots in said City in the    146          

Parmelee Plat, as shown by the recorded plat of said Subdivision   148          

in Volume 3 of Maps, Page 31 of Mahoning County Records.           149          

      Said Youngstown City Lot No. 3388 has a frontage of 50 feet  151          

on the southwesterly side of Lincoln Avenue and extends back       153          

between parallel lines of 145 feet on the northwesterly line, 145  154          

feet on the southeasterly line, and has a rear line of 50 feet,    156          

as appears by said plat, be the same more or less, but subject to               

all legal highways.                                                157          

      Section 3.  The costs of the conveyance of the real estate   159          

described in Section 1 of this act shall be paid by Carl Vaccar    161          

and Robin S. Vaccar.                                                            

      Section 4.  The conveyance of the real estate described in   163          

                                                          5      


                                                                 
Section 1 of this act shall not be subject to the restriction of   164          

use and the state's right of reentry specified in division (C) of  166          

Section 3 of Substitute House Bill 97 of the 122nd General         167          

Assembly with respect to the conveyance of the real estate to the  168          

Mahoning County Mental Health Board described in division (A) of                

Section 3 of that act, and such restriction and right of reentry   169          

are hereby released.                                                            

      Section 5.  Upon conveyance to the state of the parcels      171          

described in Section 2 of this act, the Auditor of State, with     173          

the assistance of the Attorney General, shall prepare a deed to    174          

the real estate described in Section 1 of this act.  The deed      175          

shall state the consideration specified in Section 2 of this act.  176          

The deed shall contain language that the restriction of use and    177          

the state's right of reentry described in Section 4 of this act    178          

and specified in division (C) of Section 3 of Substitute House     179          

Bill 97 of the 122nd General Assembly are hereby released.  The    180          

deed shall be executed by the Governor in the name of the state,   181          

countersigned by the Secretary of State, sealed with the Great     182          

Seal of the State, presented in the Office of the Auditor of       183          

State for recording, and delivered to Carl Vaccar and Robin S.     184          

Vaccar.  Carl Vaccar and Robin S. Vaccar shall present the deed                 

for recording in the Office of the Mahoning County Recorder.       185          

      Section 6.  This act expires two years after its effective   188          

date.