As Reported by House Housing and Public Lands Committee 1
123rd General Assembly 4
Regular Session Am. Sub. S. B. No. 250 5
1999-2000 6
SENATORS ARMBRUSTER-DRAKE-CUPP-REPRESENTATIVE MEAD 8
_________________________________________________________________ 9
A B I L L
To authorize the conveyance of state-owned real 11
estate located in Lorain County to Robert E. and 12
Corrine E. Peak, to authorize the conveyance of
approximately 6.863 acres of state-owned real 14
estate in Wayne County to the Village of Apple 15
Creek, to authorize the Department of 17
Transportation to sell unneeded property
associated with the current relocation and 18
expansion of United States Route 68 in Champaign 19
County to the previous owner of the unneeded
property or to an owner of property adjacent to 20
the unneeded property at fair market value, 21
either as a direct sale or as consideration for 22
additional property to be acquired, to authorize
the conveyance of state-owned real estate in 23
Franklin County to WMAE Realty, LLC, in exchange 24
for the conveyance of specified real estate to
the state, and to declare an emergency. 25
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. The Governor is hereby authorized to execute a 29
deed in the name of the state conveying to Robert E. and Corrine 30
E. Peak and their heirs and assigns all of the state's right, 31
title, and interest in the following described real estate: 32
Situated in the City of Avon, Avon Township, Lorain County, 34
Ohio and in Section 15, Town 7N, Range 16-W and further described 35
as follows:
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Beginning at a P. K. nail found at the intersection of 37
Garden Drive and State Route 254; thence North 59° 57' 28" East a 38
distance of 1177.16 feet along the centerline of State Route 254 39
to a Mag nail set; thence South 30° 02' 32" East a distance of 40
45.00 feet to a 5/8" rebar with O. D. O. T. survey cap set on the 41
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" 42
rebar with O. D. O. T. survey cap being the Principal Place of 43
Beginning;
1. Thence North 59° 57' 28" East a distance of 58.96 feet 45
through said State of Ohio land to a 5/8" rebar with O. D. O. T. 46
cap set on the westerly line of land owned by R. E. and C. E. 47
Peak as recorded in volume 932, Pages 115 - 117 of the Lorain 48
County Deed Records;
2. Thence South 30° 02' 32" East a distance of 187.39 feet 50
along the westerly line of land owned by R. E. and C. E. Peak to 51
a 5/8" rebar with O. D. O. T. cap set; 52
3. Thence South 59° 57' 28" West a distance of 58.96 feet 54
along the southerly line of said State of Ohio land to a 1" dia. 55
pipe found;
4. Thence North 30° 02' 32" West a distance of 187.39 feet 57
along the westerly line of said State of Ohio land to the 58
Principal Place of Beginning, containing 0.2536 acres. 59
This description was prepared under the supervision of 61
William Lee Spencer, P. S. 6561 from a survey made by the Ohio 62
Department of Transportation District Three in January of 2000. 63
Part of Lorain County Permanent Parcel Number 65
04-00-015-109-035
Section 2. Consideration for the conveyance of the real 67
estate described in Section 1 of this act is a purchase price of 68
$101,000. 69
Section 3. Upon payment of the purchase price, the Auditor 71
of State, with the assistance of the Attorney General, shall 72
prepare a deed to the real estate described in Section 1 of this 73
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act. The deed shall state the consideration. The deed shall be 75
executed by the Governor in the name of the state, countersigned 76
by the Secretary of State, sealed with the Great Seal of the 77
State, presented in the Office of the Auditor of State for 78
recording, and delivered to Robert E. and Corrine E. Peak. 79
Robert E. and Corrine E. Peak shall present the deed for 80
recording in the Office of the Lorain County Recorder.
Section 4. Robert E. and Corrine E. Peak shall pay the 82
costs of the conveyance of the real estate described in Section 1 83
of this act.
Section 5. The Governor is hereby authorized to execute a 85
deed in the name of the state conveying to the Village of Apple 86
Creek in Wayne County, Ohio, and its successors and assigns, all 87
of the state's right, title, and interest in the following 89
described real estate:
Being situated in the State of Ohio, County of Wayne, Township of 92
East Union, Range 12 West, Township 16 North, Southeast Quarter 93
of Section 20, presently in the name of State of Ohio as recorded 94
in the Wayne County Records of Deeds Volume 207, page 228, and 95
more fully described as follows:
Commencing for reference at a railroad spike set marking the 97
northeast corner of the southeast quarter of Section 20 and in 98
the center line of Apple Creek Road - C.R. 44; 99
1. Along the east line of said quarter Section and said 102
center line S 00°57'10" W 200.00 feet to a railroad 103
spike set and the true place of beginning; 104
2. Continuing along said lines S 00°57'10" W 460.00 feet 105
to a railroad spike set; 106
Thence courses 3 through 5 subdividing land presently in the name 109
of State of Ohio (V. 207, P. 228):
3. S 88°16'34" W 650.63 feet to a point referenced by an 111
iron pin found N 81°28'59" W 0.20 feet and passing 112
through an iron pin set at 30.03 feet; 113
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4. N 00°57'10" E 460.00 feet to a point referenced by an 114
iron pin found N 28°03'36" W 0.12 feet; 115
5. N 88°16'34" E 650.63 feet to the true place of 116
beginning and passing through an iron pin found at 117
620.54 feet.
This survey contains 6.863 acres. 119
This survey is subject to all easements of record, its bearings 121
are established from Survey "JJ"-200 and are to denote angular 122
measurement only, and is a description of a field survey 123
completed by Jim Shamp, Reg. Sur. No. S-6088, dated March 25, 124
1998. Iron pins set are 5/8" x 30" iron re-bars with plastic 125
I.D. caps. Iron pins found are 5/8" re-bar unless otherwise
noted.
Section 6. (A) Consideration for the conveyance of the 127
real estate described in Section 5 of this act shall be an 128
exchange of services and cash as provided under a sanitary sewer 129
use agreement to be executed by the Village of Apple Creek and 131
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 133
Village of Apple Creek and the State of Ohio shall provide for an 135
exchange of services and cash in accordance with all terms and 136
conditions set forth in Article 1 of the Offer to Purchase Real 137
Estate that was made by the Village of Apple Creek on February
22, 2000, and that was accepted by the Director of Administrative 138
Services on February 28, 2000, and concurred in by the Director 139
of Mental Retardation and Developmental Disabilities. Such terms 140
and conditions shall be expressly stated in the sanitary sewer 141
use agreement, including the term of twenty years as described in 142
Article 1(a) of the Offer to Purchase Real Estate and the capital 143
investment by the Village of Apple Creek of one hundred thousand
dollars into a separate sewer maintenance fund as described in 144
Article 1(i) of the Offer to Purchase Real Estate. The General 145
Assembly finds that the estimated value accruing to the State of 146
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Ohio from the conveyance of the real estate under this act and 147
the terms and conditions of the Offer to Purchase Real Estate is 148
between 1.5 and 1.6 million dollars. The General Assembly also
finds that the appraised value of the real estate described in 149
Section 1 of this act is 1.595 million dollars. 150
Section 7. Upon the execution of the sanitary sewer use 152
agreement in accordance with Section 6 of this act by the Village 154
of Apple Creek and the State of Ohio, the Auditor of State, with 156
the assistance of the Attorney General, shall prepare a deed to 157
the real estate described in Section 5 of this act. The deed 158
shall state the consideration. The deed shall be executed by the 160
Governor in the name of the state, countersigned by the Secretary 161
of State, sealed with the Great Seal of the State, presented in 162
the office of the Auditor of State for recording, and delivered 163
to the Village of Apple Creek. The Village of Apple Creek shall 164
present the deed for recording in the office of the Wayne County 165
Recorder.
Section 8. The Village of Apple Creek shall pay the costs 167
of the conveyance of the real estate described in Section 5 of 168
this act.
Section 9. Sections 1 through 8 and Section 11 of this act 170
expire one year after the effective date of this act. 172
Section 10. (A) Notwithstanding sections 5501.32, 174
5501.34, 5501.37, and 5501.45 of the Revised Code, the Director 175
of Transportation may acquire and dispose of real property 176
associated with the United States Route 68 relocation and 177
expansion project in Champaign County that is underway on the 178
effective date of this act as provided in this act. 179
(B) The Director shall determine whether real property 181
previously acquired for the project is no longer required for 182
highway purposes and shall have any such property appraised by a 183
Department prequalified appraiser. Following the determination 184
and appraisal, the Director may do either of the following: 185
(1) Sell the unneeded property to the previous owner of 187
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the unneeded property or to an owner of property adjacent to the 188
unneeded property for the full fair market value as determined by 189
the appraisals; 190
(2) Convey the unneeded property to the previous owner of 192
the unneeded property or to an owner of property adjacent to the 193
unneeded property as full or partial consideration for other 194
property to be acquired from the property owner in connection 195
with the United States Route 68 project for the full fair market 196
value of the unneeded property as determined by the appraisals. 197
(C) The deed to the purchaser of land under Section 10 of 199
this act shall be prepared by the Auditor of State, executed by 200
the Governor, countersigned by the Secretary of State, and shall 201
bear the Great Seal of the State. 202
(D) The authority granted in Section 10 of this act 204
expires one year after completion of the particular relocation 205
and expansion project involving United States Route 68 underway 206
on the effective date of this act. 207
(E) This section does not prevent the Director from 209
acquiring and disposing of real property associated with the 210
United States Route 68 project in accordance with sections 211
5501.32, 5501.34, 5501.37, and 5501.45 of the Revised Code. 212
Section 11. (A) The Governor is hereby authorized to 214
execute a deed in the name of the state conveying to WMAE Realty, 215
LLC, and its successors and assigns, all of the state's right, 216
title, and interest in the following described real estate: 217
Situated in the State of Ohio, County of Franklin, City of 219
Columbus, being Lots Nos. Nine (9) through Seventeen (17), 220
inclusive, in William A. Neil's Scioto Addition to the City of 221
Columbus as the same are numbered and delineated upon the 222
recorded plat thereof, of record in Plat Book 5, Page 95,
Recorder's Office, Franklin County, Ohio. 223
(B) Consideration for the conveyance of the real estate 225
described in division (A) of this section is the conveyance of 226
the following described real estate to the state (Department of 227
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Rehabilitation and Correction) and its successors and assigns: 228
Tract 1 230
Situated in the State of Ohio, County of Franklin, City of 232
Columbus, being located in George W. Sinks Subdivision of the 233
south part of Lot No. 11 of the partition of Wm. S. Sullivants 234
Estate, as the same is shown in Plat Book 5, Page 198, and being 235
part of that tract of land as conveyed to Theodora A. Werner, by 236
deed of record in Deed Book 2784, Page 254, all references being
to records of the Recorder's Office, Franklin County, Ohio, and 237
being more particularly bounded and described as follows: 238
Beginning at a point in the southerly right-of-way line of 240
McKinley Avenue at the northeasterly corner of said Theodora A. 241
Werner tract, said point being located North 87°00'00" West, a 242
distance of 356.56 feet from an iron pin where the southerly 243
right-of-way line of said McKinley Avenue intersects the westerly 244
right-of-way line of Yale Avenue;
thence South 2°59'00" West, with the easterly line of said 246
Theodora A. Werner tract, also being the westerly line of the 247
original 1.966 acre tract as conveyed to John E. Werner, by deed 248
of record in Deed Book 3700, Page 865, a distance of 110.00 feet 249
to an iron pin;
thence North 87°00'00" West, parallel with the southerly 251
right-of-way line of said McKinley Avenue, a distance of 39.00 252
feet to an iron pin;
thence North 2°59'00" East, a distance of 110.00 feet to a 254
P.K. Nail in the southerly right-of-way line of said McKinley 255
Avenue;
thence South 87°00'00" East, with the southerly 257
right-of-way line of said McKinley Avenue, a distance of 39.00 258
feet to the place of beginning, containing 0.098 acre of land, 259
more or less.
Subject, however, to all legal rights-of-way and/or 261
easements of previous record. 262
Tract 2 264
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Situated in the State of Ohio, in the County of Franklin, 266
and in the City of Columbus: 267
Being located in George W. Sinks Subdivision of the south 269
part of Lot No. 11 of the partition of Wm. S. Sullivants Estate, 270
as the same is shown in Plat Book 5, page 198, and being part of 271
that tract of land as conveyed to Oscar L. Thomas, Incorporated, 272
by deed of record in Deed Book 3198, page 86, all references 273
being to records of the Recorder's Office, Franklin County, Ohio,
and being more particularly bounded and described as follows: 274
Beginning at an iron pin where the southerly right-of-way 276
line of McKinley Avenue intersects the westerly right-of-way line 277
of Yale Avenue, said iron pin also being the northeasterly corner 278
of said Oscar L. Thomas tract;
thence south 2°52'24" West, with the westerly right-of-way 280
line of said Yale Avenue, a distance of 239.97 feet to an iron 281
pin;
thence North 87°00'00" West, (parallel with the southerly 283
right-of-way line of said McKinley Avenue), a distance of 357.02 284
feet to an iron pin in the easterly line of the 0.147 acre tract 285
as conveyed to Theodora A. Werner, by deed of record in Deed Book 286
2784, page 254;
thence North 2°59'00" East, with the easterly line of said 288
0.147 acre tract, a distance of 239.97 feet to an iron pin in the 289
southerly right-of-way line of said McKinley Avenue; 290
thence South 87°00'00" East, with the southerly 292
right-of-way line of said McKinley Avenue, a distance of 356.56 293
feet to the place of beginning, containing 1.966 acres of land, 294
more or less.
Subject, however, to all legal rights-of-way and/or 296
easements of previous record. 297
(C) Acceptance of the consideration described in division 299
(B) of this section by the Department of Rehabilitation and 300
Correction is subject to the determination of the Director of 301
Rehabilitation and Correction that the structure situated on the 302
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real estate is suitable for use by the Department for the same 303
purpose as the structure situated on the state-owned real estate
described in division (A) of this section. 304
(D) Upon the conveyance to the state of the real estate 307
described in division (B) of this section, the Auditor of State, 309
with the assistance of the Attorney General, shall prepare a deed 310
to the real estate. The deed shall state the consideration and 311
shall include the most current legal description of the real 312
estate described in division (A) of this section. The deed shall 313
be executed by the Governor in the name of the state,
countersigned by the Secretary of State, sealed with the Great 314
Seal of the State, presented in the Office of the Auditor of 315
State for recording, and delivered to WMAE Realty, LLC. WMAE 316
Realty, LLC, shall present the deed for recording in the Office 317
of the Franklin County Recorder. 318
(E) WMAE Realty, LLC, shall pay all costs of the 320
conveyance of the real estate described in division (A) of this 321
section.
Section 12. This act is hereby declared to be an emergency 323
measure necessary for the immediate preservation of the public 324
peace, health, and safety. The reason for such necessity is 325
that: (1) the authority of the Director of Transportation to 326
sell or convey unneeded property associated with the United 327
States Route 68 project will facilitate critical negotiations 328
necessary to advance the project, (2) the conveyance of real 329
estate, as authorized by Sections 5 to 8 of this act, must be 330
completed at the earliest possible time to enable the Village of 332
Apple Creek to comply with the Environmental Protection Agency's
mandate regarding the provision of waste water treatment services 333
for the village, and (3) the conveyance of the real estate 334
described in Section 11 of this act is necessary at the earliest 335
possible time to enable the Department of Rehabilitation and 336
Correction to receive needed property as consideration for the 337
conveyance and to avoid the costs and difficulties that would be
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incurred by delaying the conveyance. Therefore, this act shall 339
go into immediate effect.