As Reported by the Senate Judiciary Committee 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 250 5
1999-2000 6
SENATOR ARMBRUSTER 8
_________________________________________________________________ 10
A B I L L
To authorize the conveyance of state-owned real 12
estate located in Lorain County to Robert E. and 13
Corrine E. Peak, to authorize the conveyance of
approximately 6.863 acres of state-owned real 15
estate in Wayne County to the Village of Apple 16
Creek, to authorize the Department of 18
Transportation to sell unneeded property
associated with the current relocation and 19
expansion of United States Route 68 in Champaign 20
County to the previous owner of the unneeded
property or to an owner of property adjacent to 21
the unneeded property at fair market value, 22
either as a direct sale or as consideration for 23
additional property to be acquired, and to
declare an emergency. 24
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 26
Section 1. The Governor is hereby authorized to execute a 28
deed in the name of the state conveying to Robert E. and Corrine 29
E. Peak and their heirs and assigns all of the state's right, 30
title, and interest in the following described real estate: 31
Situated in the City of Avon, Avon Township, Lorain County, 33
Ohio and in Section 15, Town 7N, Range 16-W and further described 34
as follows:
Beginning at a P. K. nail found at the intersection of 36
Garden Drive and State Route 254; thence North 59° 57' 28" East a 37
distance of 1177.16 feet along the centerline of State Route 254 38
2
to a Mag nail set; thence South 30° 02' 32" East a distance of 39
45.00 feet to a 5/8" rebar with O. D. O. T. survey cap set on the 40
westerly line of land owned by the State of Ohio as recorded in
D. V. 966, page 577 of the Lorain County Deed Records, said 5/8" 41
rebar with O. D. O. T. survey cap being the Principal Place of 42
Beginning;
1. Thence North 59° 57' 28" East a distance of 58.96 feet 44
through said State of Ohio land to a 5/8" rebar with O. D. O. T. 45
cap set on the westerly line of land owned by R. E. and C. E. 46
Peak as recorded in volume 932, Pages 115 - 117 of the Lorain 47
County Deed Records;
2. Thence South 30° 02' 32" East a distance of 187.39 feet 49
along the westerly line of land owned by R. E. and C. E. Peak to 50
a 5/8" rebar with O. D. O. T. cap set; 51
3. Thence South 59° 57' 28" West a distance of 58.96 feet 53
along the southerly line of said State of Ohio land to a 1" dia. 54
pipe found;
4. Thence North 30° 02' 32" West a distance of 187.39 feet 56
along the westerly line of said State of Ohio land to the 57
Principal Place of Beginning, containing 0.2536 acres. 58
This description was prepared under the supervision of 60
William Lee Spencer, P. S. 6561 from a survey made by the Ohio 61
Department of Transportation District Three in January of 2000. 62
Part of Lorain County Permanent Parcel Number 64
04-00-015-109-035
Section 2. Consideration for the conveyance of the real 66
estate described in Section 1 of this act is a purchase price of 67
$101,000. 68
Section 3. Upon payment of the purchase price, the Auditor 70
of State, with the assistance of the Attorney General, shall 71
prepare a deed to the real estate described in Section 1 of this 72
act. The deed shall state the consideration. The deed shall be 74
executed by the Governor in the name of the state, countersigned 75
by the Secretary of State, sealed with the Great Seal of the 76
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State, presented in the Office of the Auditor of State for 77
recording, and delivered to Robert E. and Corrine E. Peak. 78
Robert E. and Corrine E. Peak shall present the deed for 79
recording in the Office of the Lorain County Recorder.
Section 4. Robert E. and Corrine E. Peak shall pay the 81
costs of the conveyance of the real estate described in Section 1 82
of this act.
Section 5. The Governor is hereby authorized to execute a 84
deed in the name of the state conveying to the Village of Apple 85
Creek in Wayne County, Ohio, and its successors and assigns, all 86
of the state's right, title, and interest in the following 88
described real estate:
Being situated in the State of Ohio, County of Wayne, Township of 91
East Union, Range 12 West, Township 16 North, Southeast Quarter 92
of Section 20, presently in the name of State of Ohio as recorded 93
in the Wayne County Records of Deeds Volume 207, page 228, and 94
more fully described as follows:
Commencing for reference at a railroad spike set marking the 96
northeast corner of the southeast quarter of Section 20 and in 97
the center line of Apple Creek Road - C.R. 44; 98
1. Along the east line of said quarter Section and said 101
center line S 00°57'10" W 200.00 feet to a railroad 102
spike set and the true place of beginning; 103
2. Continuing along said lines S 00°57'10" W 460.00 feet 104
to a railroad spike set; 105
Thence courses 3 through 5 subdividing land presently in the name 108
of State of Ohio (V. 207, P. 228):
3. S 88°16'34" W 650.63 feet to a point referenced by an 110
iron pin found N 81°28'59" W 0.20 feet and passing 111
through an iron pin set at 30.03 feet; 112
4. N 00°57'10" E 460.00 feet to a point referenced by an 113
iron pin found N 28°03'36" W 0.12 feet; 114
5. N 88°16'34" E 650.63 feet to the true place of 115
beginning and passing through an iron pin found at 116
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620.54 feet.
This survey contains 6.863 acres. 118
This survey is subject to all easements of record, its bearings 120
are established from Survey "JJ"-200 and are to denote angular 121
measurement only, and is a description of a field survey 122
completed by Jim Shamp, Reg. Sur. No. S-6088, dated March 25, 123
1998. Iron pins set are 5/8" x 30" iron re-bars with plastic 124
I.D. caps. Iron pins found are 5/8" re-bar unless otherwise
noted.
Section 6. (A) Consideration for the conveyance of the 126
real estate described in Section 5 of this act shall be an 127
exchange of services and cash as provided under a sanitary sewer 128
use agreement to be executed by the Village of Apple Creek and 130
the State of Ohio and that is described in division (B) of this
section.
(B) The sanitary sewer use agreement to be executed by the 132
Village of Apple Creek and the State of Ohio shall provide for an 134
exchange of services and cash in accordance with all terms and 135
conditions set forth in Article 1 of the Offer to Purchase Real 136
Estate that was made by the Village of Apple Creek on February
22, 2000, and that was accepted by the Director of Administrative 137
Services on February 28, 2000, and concurred in by the Director 138
of Mental Retardation and Developmental Disabilities. Such terms 139
and conditions shall be expressly stated in the sanitary sewer 140
use agreement, including the term of twenty years as described in 141
Article 1(a) of the Offer to Purchase Real Estate and the capital 142
investment by the Village of Apple Creek of one hundred thousand
dollars into a separate sewer maintenance fund as described in 143
Article 1(i) of the Offer to Purchase Real Estate. The General 144
Assembly finds that the estimated value accruing to the State of 145
Ohio from the conveyance of the real estate under this act and 146
the terms and conditions of the Offer to Purchase Real Estate is 147
between 1.5 and 1.6 million dollars. The General Assembly also
finds that the appraised value of the real estate described in 148
5
Section 1 of this act is 1.595 million dollars. 149
Section 7. Upon the execution of the sanitary sewer use 151
agreement in accordance with Section 6 of this act by the Village 153
of Apple Creek and the State of Ohio, the Auditor of State, with 155
the assistance of the Attorney General, shall prepare a deed to 156
the real estate described in Section 5 of this act. The deed 157
shall state the consideration. The deed shall be executed by the 159
Governor in the name of the state, countersigned by the Secretary 160
of State, sealed with the Great Seal of the State, presented in 161
the office of the Auditor of State for recording, and delivered 162
to the Village of Apple Creek. The Village of Apple Creek shall 163
present the deed for recording in the office of the Wayne County 164
Recorder.
Section 8. The Village of Apple Creek shall pay the costs 166
of the conveyance of the real estate described in Section 5 of 167
this act.
Section 9. Sections 1 through 8 of this act expire one 169
year after the effective date of this act. 170
Section 10. (A) Notwithstanding sections 5501.32, 172
5501.34, 5501.37, and 5501.45 of the Revised Code, the Director 173
of Transportation may acquire and dispose of real property 174
associated with the United States Route 68 relocation and 175
expansion project in Champaign County that is underway on the 176
effective date of this act as provided in this act. 177
(B) The Director shall determine whether real property 179
previously acquired for the project is no longer required for 180
highway purposes and shall have any such property appraised by a 181
Department prequalified appraiser. Following the determination 182
and appraisal, the Director may do either of the following: 183
(1) Sell the unneeded property to the previous owner of 185
the unneeded property or to an owner of property adjacent to the 186
unneeded property for the full fair market value as determined by 187
the appraisals; 188
(2) Convey the unneeded property to the previous owner of 190
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the unneeded property or to an owner of property adjacent to the 191
unneeded property as full or partial consideration for other 192
property to be acquired from the property owner in connection 193
with the United States Route 68 project for the full fair market 194
value of the unneeded property as determined by the appraisals. 195
(C) The deed to the purchaser of land under this act shall 197
be prepared by the Auditor of State, executed by the Governor, 198
countersigned by the Secretary of State, and shall bear the Great 199
Seal of the State. 200
(D) The authority granted in section 10 of this act 202
expires one year after completion of the particular relocation 203
and expansion project involving United States Route 68 underway 204
on the effective date of this act. 205
(E) This section does not prevent the Director from 207
acquiring and disposing of real property associated with the 208
United States Route 68 project in accordance with sections 209
5501.32, 5501.34, 5501.37, and 5501.45 of the Revised Code. 210
Section 11. This act is hereby declared to be an emergency 212
measure necessary for the immediate preservation of the public 213
peace, health, and safety. The reason for such necessity is 214
that: (1) the authority of the Director of Transportation to 215
sell or convey unneeded property associated with the United 216
States Route 68 project will facilitate critical negotiations 217
necessary to advance the project, and (2) the conveyance of real 219
estate, as authorized by Sections 5 to 8 of this act, must be 220
completed at the earliest possible time to enable the Village of 222
Apple Creek to comply with the Environmental Protection Agency's
mandate regarding the provision of waste water treatment services 223
for the village. Therefore, this act shall go into immediate 225
effect.