As Passed by the House                        1            

                        CORRECTED VERSION                          2            

123rd General Assembly                                             5            

   Regular Session                         Am. Sub. S. B. No. 250  6            

      1999-2000                                                    7            


   SENATORS ARMBRUSTER-DRAKE-CUPP-REPRESENTATIVES MEAD-AMSTUTZ     9            


_________________________________________________________________   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, to authorize                

                the conveyance of state-owned real estate in       24           

                Franklin County to WMAE Realty, LLC, in exchange   25           

                for the conveyance of specified real estate to                  

                the state, to contingently amend Section 2 of Am.  26           

                H.B. 479 of the 123rd General Assembly, and to     27           

                declare an emergency.                              28           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        30           

      Section 1.  The Governor is hereby authorized to execute a   32           

deed in the name of the state conveying to Robert E. and Corrine   33           

E. Peak and their heirs and assigns all of the state's right,      34           

title, and interest in the following described real estate:        35           

                                                          2      


                                                                 
      Situated in the City of Avon, Avon Township, Lorain County,  37           

Ohio and in Section 15, Town 7N, Range 16-W and further described  38           

as follows:                                                                     

      Beginning at a P. K. nail found at the intersection of       40           

Garden Drive and State Route 254; thence North 59° 57' 28" East a  41           

distance of 1177.16 feet along the centerline of State Route 254   42           

to a Mag nail set; thence South 30° 02' 32" East a distance of     43           

45.00 feet to a 5/8" rebar with O. D. O. T. survey cap set on the  44           

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"   45           

rebar with O. D. O. T. survey cap being the Principal Place of     46           

Beginning;                                                                      

      1.  Thence North 59° 57' 28" East a distance of 58.96 feet   48           

through said State of Ohio land to a 5/8" rebar with O. D. O. T.   49           

cap set on the westerly line of land owned by R. E. and C. E.      50           

Peak as recorded in volume 932, Pages 115 - 117 of the Lorain      51           

County Deed Records;                                                            

      2.  Thence South 30° 02' 32" East a distance of 187.39 feet  53           

along the westerly line of land owned by R. E. and C. E. Peak to   54           

a 5/8" rebar with O. D. O. T. cap set;                             55           

      3.  Thence South 59° 57' 28" West a distance of 58.96 feet   57           

along the southerly line of said State of Ohio land to a 1" dia.   58           

pipe found;                                                                     

      4.  Thence North 30° 02' 32" West a distance of 187.39 feet  60           

along the westerly line of said State of Ohio land to the          61           

Principal Place of Beginning, containing 0.2536 acres.             62           

      This description was prepared under the supervision of       64           

William Lee Spencer, P. S. 6561 from a survey made by the Ohio     65           

Department of Transportation District Three in January of 2000.    66           

      Part of Lorain County Permanent Parcel Number                68           

04-00-015-109-035                                                               

      Section 2.  Consideration for the conveyance of the real     70           

estate described in Section 1 of this act is a purchase price of   71           

$101,000.                                                          72           

                                                          3      


                                                                 
      Section 3.  Upon payment of the purchase price, the Auditor  74           

of State, with the assistance of the Attorney General, shall       75           

prepare a deed to the real estate described in Section 1 of this   76           

act.  The deed shall state the consideration.  The deed shall be   78           

executed by the Governor in the name of the state, countersigned   79           

by the Secretary of State, sealed with the Great Seal of the       80           

State, presented in the Office of the Auditor of State for         81           

recording, and delivered to Robert E. and Corrine E. Peak.         82           

Robert E. and Corrine E. Peak shall present the deed for           83           

recording in the Office of the Lorain County Recorder.                          

      Section 4.  Robert E. and Corrine E. Peak shall pay the      85           

costs of the conveyance of the real estate described in Section 1  86           

of this act.                                                                    

      Section 5.  The Governor is hereby authorized to execute a   88           

deed in the name of the state conveying to the Village of Apple    89           

Creek in Wayne County, Ohio, and its successors and assigns, all   90           

of the state's right, title, and interest in the following         92           

described real estate:                                                          

Being situated in the State of Ohio, County of Wayne, Township of  95           

East Union, Range 12 West, Township 16 North, Southeast Quarter    96           

of Section 20, presently in the name of State of Ohio as recorded  97           

in the Wayne County Records of Deeds Volume 207, page 228, and     98           

more fully described as follows:                                                

Commencing for reference at a railroad spike set marking the       100          

northeast corner of the southeast quarter of Section 20 and in     101          

the center line of Apple Creek Road - C.R. 44;                     102          

      1.  Along the east line of said quarter Section and said     105          

          center line S 00°57'10" W 200.00 feet to a railroad      106          

          spike set and the true place of beginning;               107          

      2.  Continuing along said lines S 00°57'10" W 460.00 feet    108          

          to a railroad spike set;                                 109          

Thence courses 3 through 5 subdividing land presently in the name  112          

of State of Ohio (V. 207, P. 228):                                              

                                                          4      


                                                                 
      3.  S 88°16'34" W 650.63 feet to a point referenced by an    114          

          iron pin found N 81°28'59" W 0.20 feet and passing       115          

          through an iron pin set at 30.03 feet;                   116          

      4.  N 00°57'10" E 460.00 feet to a point referenced by an    117          

          iron pin found N 28°03'36" W 0.12 feet;                  118          

      5.  N 88°16'34" E 650.63 feet to the true place of           119          

          beginning and passing through an iron pin found at       120          

          620.54 feet.                                                          

This survey contains 6.863 acres.                                  122          

This survey is subject to all easements of record, its bearings    124          

are established from Survey "JJ"-200 and are to denote angular     125          

measurement only, and is a description of a field survey           126          

completed by Jim Shamp, Reg. Sur. No. S-6088, dated March 25,      127          

1998.  Iron pins set are 5/8" x 30" iron re-bars with plastic      128          

I.D. caps.  Iron pins found are 5/8" re-bar unless otherwise                    

noted.                                                                          

      Section 6.  (A)  Consideration for the conveyance of the     130          

real estate described in Section 5 of this act shall be an         131          

exchange of services and cash as provided under a sanitary sewer   132          

use agreement to be executed by the Village of Apple Creek and     134          

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  136          

Village of Apple Creek and the State of Ohio shall provide for an  138          

exchange of services and cash in accordance with all terms and     139          

conditions set forth in Article 1 of the Offer to Purchase Real    140          

Estate that was made by the Village of Apple Creek on February                  

22, 2000, and that was accepted by the Director of Administrative  141          

Services on February 28, 2000, and concurred in by the Director    142          

of Mental Retardation and Developmental Disabilities.  Such terms  143          

and conditions shall be expressly stated in the sanitary sewer     144          

use agreement, including the term of twenty years as described in  145          

Article 1(a) of the Offer to Purchase Real Estate and the capital  146          

investment by the Village of Apple Creek of one hundred thousand                

                                                          5      


                                                                 
dollars into a separate sewer maintenance fund as described in     147          

Article 1(i) of the Offer to Purchase Real Estate.  The General    148          

Assembly finds that the estimated value accruing to the State of   149          

Ohio from the conveyance of the real estate under this act and     150          

the terms and conditions of the Offer to Purchase Real Estate is   151          

between 1.5 and 1.6 million dollars.  The General Assembly also                 

finds that the appraised value of the real estate described in     152          

Section 5 of this act is 1.595 million dollars.                    153          

      Section 7.  Upon the execution of the sanitary sewer use     155          

agreement in accordance with Section 6 of this act by the Village  157          

of Apple Creek and the State of Ohio, the Auditor of State, with   159          

the assistance of the Attorney General, shall prepare a deed to    160          

the real estate described in Section 5 of this act.  The deed      161          

shall state the consideration.  The deed shall be executed by the  163          

Governor in the name of the state, countersigned by the Secretary  164          

of State, sealed with the Great Seal of the State, presented in    165          

the office of the Auditor of State for recording, and delivered    166          

to the Village of Apple Creek.  The Village of Apple Creek shall   167          

present the deed for recording in the office of the Wayne County   168          

Recorder.                                                                       

      Section 8.  The Village of Apple Creek shall pay the costs   170          

of the conveyance of the real estate described in Section 5 of     171          

this act.                                                                       

      Section 9.  Sections 1 through 8 and Section 11 of this act  173          

expire one year after the effective date of this act.              175          

      Section 10.  (A)  Notwithstanding sections 5501.32,          177          

5501.34, 5501.37, and 5501.45 of the Revised Code, the Director    178          

of Transportation may acquire and dispose of real property         179          

associated with the United States Route 68 relocation and          180          

expansion project in Champaign County that is underway on the      181          

effective date of this act as provided in this act.                182          

      (B)  The Director shall determine whether real property      184          

previously acquired for the project is no longer required for      185          

highway purposes and shall have any such property appraised by a   186          

                                                          6      


                                                                 
Department prequalified appraiser.  Following the determination    187          

and appraisal, the Director may do either of the following:        188          

      (1)  Sell the unneeded property to the previous owner of     190          

the unneeded property or to an owner of property adjacent to the   191          

unneeded property for the full fair market value as determined by  192          

the appraisals;                                                    193          

      (2)  Convey the unneeded property to the previous owner of   195          

the unneeded property or to an owner of property adjacent to the   196          

unneeded property as full or partial consideration for other       197          

property to be acquired from the property owner in connection      198          

with the United States Route 68 project for the full fair market   199          

value of the unneeded property as determined by the appraisals.    200          

      (C)  The deed to the purchaser of land under Section 10 of   202          

this act shall be prepared by the Auditor of State, executed by    203          

the Governor, countersigned by the Secretary of State, and shall   204          

bear the Great Seal of the State.                                  205          

      (D)  The authority granted in Section 10 of this act         207          

expires one year after completion of the particular relocation     208          

and expansion project involving United States Route 68 underway    209          

on the effective date of this act.                                 210          

      (E)  This section does not prevent the Director from         212          

acquiring and disposing of real property associated with the       213          

United States Route 68 project in accordance with sections         214          

5501.32, 5501.34, 5501.37, and 5501.45 of the Revised Code.        215          

      Section 11.  (A)  The Governor is hereby authorized to       217          

execute a deed in the name of the state conveying to WMAE Realty,  218          

LLC, and its successors and assigns, all of the state's right,     219          

title, and interest in the following described real estate:        220          

      Situated in the State of Ohio, County of Franklin, City of   222          

Columbus, being Lots Nos. Nine (9) through Seventeen (17),         223          

inclusive, in William A. Neil's Scioto Addition to the City of     224          

Columbus as the same are numbered and delineated upon the          225          

recorded plat thereof, of record in Plat Book 5, Page 95,                       

Recorder's Office, Franklin County, Ohio.                          226          

                                                          7      


                                                                 
      (B)  Consideration for the conveyance of the real estate     228          

described in division (A) of this section is the conveyance of     229          

the following described real estate to the state (Department of    230          

Rehabilitation and Correction) and its successors and assigns:     231          

Tract 1                                                            233          

      Situated in the State of Ohio, County of Franklin, City of   235          

Columbus, being located in George W. Sinks Subdivision of the      236          

south part of Lot No. 11 of the partition of Wm. S. Sullivants     237          

Estate, as the same is shown in Plat Book 5, Page 198, and being   238          

part of that tract of land as conveyed to Theodora A. Werner, by   239          

deed of record in Deed Book 2784, Page 254, all references being                

to records of the Recorder's Office, Franklin County, Ohio, and    240          

being more particularly bounded and described as follows:          241          

      Beginning at a point in the southerly right-of-way line of   243          

McKinley Avenue at the northeasterly corner of said Theodora A.    244          

Werner tract, said point being located North 87°00'00" West, a     245          

distance of 356.56 feet from an iron pin where the southerly       246          

right-of-way line of said McKinley Avenue intersects the westerly  247          

right-of-way line of Yale Avenue;                                               

      thence South 2°59'00" West, with the easterly line of said   249          

Theodora A. Werner tract, also being the westerly line of the      250          

original 1.966 acre tract as conveyed to John E. Werner, by deed   251          

of record in Deed Book 3700, Page 865, a distance of 110.00 feet   252          

to an iron pin;                                                                 

      thence North 87°00'00" West, parallel with the southerly     254          

right-of-way line of said McKinley Avenue, a distance of 39.00     255          

feet to an iron pin;                                                            

      thence North 2°59'00" East, a distance of 110.00 feet to a   257          

P.K. Nail in the southerly right-of-way line of said McKinley      258          

Avenue;                                                                         

      thence South 87°00'00" East, with the southerly              260          

right-of-way line of said McKinley Avenue, a distance of 39.00     261          

feet to the place of beginning, containing 0.098 acre of land,     262          

more or less.                                                                   

                                                          8      


                                                                 
      Subject, however, to all legal rights-of-way and/or          264          

easements of previous record.                                      265          

Tract 2                                                            267          

      Situated in the State of Ohio, in the County of Franklin,    269          

and in the City of Columbus:                                       270          

      Being located in George W. Sinks Subdivision of the south    272          

part of Lot No. 11 of the partition of Wm. S. Sullivants Estate,   273          

as the same is shown in Plat Book 5, page 198, and being part of   274          

that tract of land as conveyed to Oscar L. Thomas, Incorporated,   275          

by deed of record in Deed Book 3198, page 86, all references       276          

being to records of the Recorder's Office, Franklin County, Ohio,               

and being more particularly bounded and described as follows:      277          

      Beginning at an iron pin where the southerly right-of-way    279          

line of McKinley Avenue intersects the westerly right-of-way line  280          

of Yale Avenue, said iron pin also being the northeasterly corner  281          

of said Oscar L. Thomas tract;                                                  

      thence south 2°52'24" West, with the westerly right-of-way   283          

line of said Yale Avenue, a distance of 239.97 feet to an iron     284          

pin;                                                                            

      thence North 87°00'00" West, (parallel with the southerly    286          

right-of-way line of said McKinley Avenue), a distance of 357.02   287          

feet to an iron pin in the easterly line of the 0.147 acre tract   288          

as conveyed to Theodora A. Werner, by deed of record in Deed Book  289          

2784, page 254;                                                                 

      thence North 2°59'00" East, with the easterly line of said   291          

0.147 acre tract, a distance of 239.97 feet to an iron pin in the  292          

southerly right-of-way line of said McKinley Avenue;               293          

      thence South 87°00'00" East, with the southerly              295          

right-of-way line of said McKinley Avenue, a distance of 356.56    296          

feet to the place of beginning, containing 1.966 acres of land,    297          

more or less.                                                                   

      Subject, however, to all legal rights-of-way and/or          299          

easements of previous record.                                      300          

      (C)  Acceptance of the consideration described in division   302          

                                                          9      


                                                                 
(B) of this section by the Department of Rehabilitation and        303          

Correction is subject to the determination of the Director of      304          

Rehabilitation and Correction that the structure situated on the   305          

real estate is suitable for use by the Department for the same     306          

purpose as the structure situated on the state-owned real estate                

described in division (A) of this section.                         307          

      (D)  Upon the conveyance to the state of the real estate     310          

described in division (B) of this section, the Auditor of State,   312          

with the assistance of the Attorney General, shall prepare a deed  313          

to the real estate.  The deed shall state the consideration and    314          

shall include the most current legal description of the real       315          

estate described in division (A) of this section.  The deed shall  316          

be executed by the Governor in the name of the state,                           

countersigned by the Secretary of State, sealed with the Great     317          

Seal of the State, presented in the Office of the Auditor of       318          

State for recording, and delivered to WMAE Realty, LLC.  WMAE      319          

Realty, LLC, shall present the deed for recording in the Office    320          

of the Franklin County Recorder.                                   321          

      (E)  WMAE Realty, LLC, shall pay all costs of the            323          

conveyance of the real estate described in division (A) of this    324          

section.                                                                        

      Section 12.  That Section 2 of Am. H.B. 479 of the 123rd     326          

General Assembly be amended to read as follows:                    328          

      "Sec. 2.  (A)  Pursuant to section 5911.10 of the Revised    330          

Code, the Governor is hereby authorized to execute a deed in the   331          

name of the state conveying to a buyer or buyers to be determined  332          

in the manner provided in division (C) of this section, all of     333          

the state's right, title, and interest in the following described  334          

parcels of real estate that the Adjutant General has determined    335          

are no longer required for armory or military purposes:            336          

      Parcel No. 1                                                 338          

      Toledo Secor Road Armory Property, Volume 766, Page 480,     340          

Lucas County Deed Records.                                         341          

      The North Six (6) acres of the North One-half (1/2) of the   343          

                                                          10     


                                                                 
Northeast One Quarter (1/4) of the Southeast One Quarter (1/4) of  345          

Section Eighteen (18), Town Nine (9) South, Range Seven (7) East,  346          

in Washington Township, Lucas County, Ohio, except therefrom the   348          

South Forty-eight (48) feet of the East One Hundred and Fifty      349          

(150) feet thereof, said excepted premises being the premises      350          

conveyed by the Grantor to Samuel B. Wood and J. M. Wilson.                     

      The above described parcel of land is subject to any and     352          

all easements and restrictions of record.                          353          

      Parcel No. 2                                                 354          

      Ravenna Armory Property, Volume 325, Page 64, Portage        356          

County Deed Records.                                               357          

      Situated in the Township and City of Ravenna, County of      359          

Portage and State of Ohio:  Situated in Township Lot 21, south     360          

division of lots, Ravenna Township, Portage County, Ohio.          361          

Beginning at a point in the east line of Freedom Road at its       362          

intersection with the south line of Lot 21, said point being                    

located 30 feet east of monument in the S.W. Corner of Lot 21;     363          

thence easterly along the south line of Lot #21 a distance of      364          

about 538 feet to the intersection with the west line of Maple     366          

Street extended; thence northerly a distance of 153 feet; thence   367          

westerly a distance of about 538 feet to the east line of Freedom  368          

Street; thence Southerly along the east line of Freedom Street a   369          

distance of 153 feet to the place of beginning, containing 1.89    370          

acres more or less, but subject to all legal highways.  Being the  371          

southwest corner of what has long been known as the Portage        373          

County fair ground property.                                                    

      Parcel No. 3                                                 375          

      Portsmouth Armory Property, Volume 380, Page 598, Scioto     377          

County Deed Records.                                               378          

      Situated in the City of Portsmouth, County of Scioto and     380          

State of Ohio (Formerly in Clay Township), to-wit:  Beginning at   381          

a point in the north property line of 17th Street, said point      382          

being Two Hundred Ten Feet (210 ft.) east of the center line of    383          

High Street; said point being also Fifty Feet (50 ft.) east of     384          

                                                          11     


                                                                 
the first alley east of High Street; thence in a northwardly                    

direction parallel to the east property line of the first alley    385          

east of High Street with a line bearing North 5 deg. 30 min, east  386          

450 feet to a point; thence in an eastwardly direction parallel    387          

to the north property line of 17th Street with a line bearing      388          

South 85 deg. 17 min. East 231 feet, more or less, to a point on   389          

the east property line of a 3.93 acre tract of the Grantor                      

herein; thence in a southwardly direction with the east line of    390          

said tract and bearing South 2 deg. 12 min. West, 158 feet, more   391          

or less, to a corner of said tract; thence in an eastwardly        392          

direction with the lines of said tract as follows:-  South 86      393          

deg. 54 min. East, 152.4 feet to a point; thence in a southwardly  394          

direction with a line bearing South 2 deg., 53 min. West, 294                   

feet to a point; said point being in the north property line of    395          

17th Street; thence in a westwardly direction with the north       397          

property line of 17th Street, North 85 deg. 17 min. West, 400.4                 

feet to the point of beginning, containing 3.508 acres more or     398          

less, and being 3.147 acres off the 3.93 acre tract, known as the  399          

"First Tract," and 0.361 acres off the 1.715 acre tract known as   400          

the "Second Tract," in a deed made to Grantors herein, by Johnson  401          

and Duis Inc., dated July 1, 1938, and recorded in Deed Book 236,  402          

Page 291 of Scioto County Record of Deeds.                                      

      Together with an easement as means of ingress and egress to  404          

said premises from the first alley east of High Street in said     406          

city over the following described premises, to-wit:                407          

      Beginning at a point in the east property line of the first  409          

alley east of High Street, said point bearing North 5 deg., 30     411          

min. East 450 feet North of the intersection of the east property  412          

line of the first alley east of High Street, with the north        413          

property line of 17th Street; thence in an eastwardly direction    414          

with a line bearing South 85 deg., 17 min. East, 50 feet to a                   

point; said point being also the northwest corner of a tract       415          

herein conveyed to the City of Portsmouth, Ohio, for Armory        417          

Purposes; thence in a southwardly direction with the west line of               

                                                          12     


                                                                 
said tract and parallel to the east property line of the first     418          

alley easy of High Street; South 5 deg., 30 min. West, 30 feet to  419          

a point; thence in a westwardly direction with a line bearing      420          

North 85 deg., 17 min. West, 50 feet to a point in the east        421          

property line of aforesaid alley; thence in a northwardly                       

direction with the east line of the aforesaid alley North 5 deg.,  422          

30 min. east, 30 feet to the point of beginning containing 0.0344  423          

acres more or less.                                                424          

      Parcel No. 4                                                 426          

      Shreve Armory Property, which consists of two parts:  (A)    428          

Volume 198, Page 373, and (B) Volume 198, Page 372, Wayne County   429          

Deed Records.  And being, respectively, parcel numbers             431          

20-01148.000, 20-01146.000, and 20-01147.000 of the Wayne County   432          

Auditor's Duplicate.                                                            

      Part A                                                       434          

      Situated in the Village of Shreve, County of Wayne, and      436          

State of Ohio; and known as the East part of in-lots numbered Two  437          

Hundred and Nineteen (219) and Two Hundred and Twenty (220),       438          

bounded and described as follows: - Beginning at the Northeast     439          

corner of said Lot number Two Hundred and Twenty (220); thence                  

South along the East lines of said Lots 220 and 219, to the        440          

South-east corner of said Lot No. 219; thence West on the South    441          

line of said Lot 219, Eighty-eight (88) Feet; thence North and     442          

parallel with the East line of said Lots, one hundred and Twenty   443          

(120) Feet to the North line of Lot 220; thence East on the North  444          

line of Lot 220 Eighty-eight (88) Feet to the North-east corner    445          

of said Lot, the place of beginning.                                            

      Part B                                                       447          

      Situated in the Village of Shreve, County of Wayne, and      449          

State of Ohio: and known as the East half of In-Lot number Two     450          

Hundred and Eighteen (218).                                                     

      Parcel No. 5                                                 452          

      Fremont Armory Property, Volume 133, Page 180, Sandusky      454          

County Deed Records.                                               455          

                                                          13     


                                                                 
      Situated in the City of Fremont, County of Sandusky, and     457          

State of Ohio, and known as a part of Outlot number fifty (50),    458          

more particularly described as commencing at a point on the north  459          

line of said Outlot and two hundred and thirty (230) feet          460          

northwestly from the north-east corner of said Outlot; thence in   462          

a northwesterly direction, on the north line of said Outlot, one                

hundred (100) feet; thence southwesterly, at right angles to the   463          

north line of said Outlot, three hundred forty and one-half (340   464          

1/2) feet; thence southeasterly, parallel with the north line of   465          

said Outlot, one hundred (100) feet; thence northeasterly three    466          

hundred forty and one-half (340 1/2) feet to the place of                       

beginning, be the same more or less, but subject to all legal      467          

highways.                                                                       

      Parcel No. 6                                                 469          

      Boston Mills Organizational Maintenance Shop and other       471          

related facilities, Volume 1540, Pages 411 & 412 and 413-415,      472          

Summit County Deed Records.  And being parcel number 06-00493 of   473          

the Summit County Auditor's Records.                               474          

      Part A                                                       476          

      Situated in the Township of Boston, County of Summit, and    478          

State of Ohio; more particularly described as follows:             479          

      Being a part of Lot 2, Tract 1, in said Township, beginning  481          

at a southwest corner of 80.45 acres of land, deeded by George     482          

Kellogg to F.W. Kellogg March 9th, 1872, in the center of the      483          

Brewery Road, so-called, at a stake in the line between the north  485          

and south half of said Lot 2, and which point is southwesterly     486          

along the center line of the Brewery Road 28.22 1/2 chains from                 

the north line of Lot 2, Tract No. 1, Boston Township; thence      487          

northeasterly along the center of said Road as now traveled,       488          

26.33 1/2 chains to a stake at the center of the Culvert; thence   489          

south 26 degrees east 3 chains to a stake; thence southwesterly    490          

to a point in the division line between the north and south half   491          

of said Lot 2, 11.25 chains distant from the first mentioned                    

stake in the center of the Brewery Road; thence north 89 3/4       492          

                                                          14     


                                                                 
degrees west along said division line 11 chains and 25 links to    493          

the place of beginning, containing 10 acres of land, be the same   494          

more or less, but subject to all legal highways.                                

      Being the same piece of property conveyed by Mary C. & W.H.  496          

Smith to Harry M. Farnsworth as shown by recorded deed in Volume   497          

328, page 579 of Summit County Records being subsequently          498          

conveyed by said Harry M. Farnsworth and wife to The American      499          

Agricultural Chemical Company (of Connecticut) by deed dated                    

November 18th, 1905, and recorded in Summit County Records in      500          

Volume 627, Page 432, and being subsequently conveyed by The       501          

American Agricultural Chemical Company (of Connecticut) to The     502          

American Agricultural Chemical Company (of Delaware) by deed       503          

dated June 30th, 1930, and recorded in Summit County Records in    504          

Volume 1352, Pages 420-421, and finally conveyed to the State of                

Ohio by Harvey J. Webster et ux by deed dated July 1, 1933.        505          

      Part B                                                       507          

      Situated in the Township of Boston, County of Summit, and    509          

State of Ohio:  and being part of Original Lot No. 2, Tract 1, in  510          

said Township and being further described as follows:              511          

      Beginning in the center line of Brewery Road at its          513          

intersection with the northerly line of Grantor's lands, said      514          

beginning point being distant southwesterly along the center line  515          

of Brewery Road 28.22 1/2 chains from the North line of said Lot   516          

2, said beginning point being also the southwest corner of 80.45   517          

acres of lands deeded by George Kellogg to F.W. Kellogg, March 9,               

1872.                                                              518          

      Thence South 89 degrees 45'00" East along the Northerly      520          

line of Grantor's lands, said Northerly line being the southerly   522          

line of lands conveyed to F.W. Kellogg as aforesaid a distance of  523          

900 feet to a point.                                                            

      Thence South 12 degrees 37'30" West a distance of 700 feet   525          

to a point.                                                                     

      Thence North 89 degrees 45'00" West along a line parallel    527          

with the first described line a distance of 650 feet to a point.   528          

                                                          15     


                                                                 
      Thence northwesterly along a line that intersects the        530          

center line of Brewery Road at a point distance Southwesterly 400  531          

ft. from the intersection of said center line with the Northerly   532          

line of Grantor's land as aforesaid.                                            

      Thence Northeasterly along the center line of Brewery Road   534          

400 feet to the place of beginning containing 15.257 acres of      535          

land be the same more or less but subject to all legal highways,   536          

and being transferred by a deed from Gilbert Cassity et al to the  537          

State of Ohio, by a deed dated June 12th, 1933.                                 

      LESS THE FOLLOWING DESCRIBED PARCEL, GIVEN BY "DEPARTMENTAL  539          

TRANSFER OF STATE-OWNED LANDS" FROM THE ADJUTANT GENERAL'S         540          

DEPARTMENT TO THE OHIO DEPARTMENT OF HIGHWAYS, ON DECEMBER 1,      541          

1966.                                                                           

      Situated in Boston Township, Summit County, State of Ohio,   543          

Lot 2, Town 4-North, Range 11 West, and bounded and described as   544          

follows:                                                                        

      Being a parcel of land lying on the left and right sides of  546          

the centerline of a survey made by the Department of Highways,     547          

and recorded in Book 68, Pages 5-14, of the records of Summit      548          

County and being located within the following described points in  549          

the boundary thereof:                                                           

      Beginning at the intersection of the centerline tangent of   551          

Riverview Road (County Highway No. 9) with the north line of said  552          

Lot 2; said intersection being at right angles to and 599.99 feet  553          

left of Station 425 plus 95.97 on the centerline survey above      554          

referred to; thence along the centerline tangents of Riverview     555          

Road by the following bearings and distances:  South 17°37'18"                  

East a distance of 349.59 feet to an angle point; South 48°49'23"  556          

East a distance of 185.40 feet to an angle point on the proposed   557          

limited access line; thence along said limited access line by the  558          

following bearings and distances; South 54°14'22" West a distance  559          

of 179.03 feet to an angle point; North 35°45'38" West a distance  560          

of 232.83 feet to an angle point; South 54°14'22" West a distance  561          

of 650.00 feet to an angle point; South 8°48'58" West a distance   562          

                                                          16     


                                                                 
of 140.09 feet to an angle point; South 55°21'44" West a distance  563          

of 926.04 feet to the true place of beginning, said point of       564          

beginning being an angle break in the grantor's easterly property  565          

line on a radial line to an 173.44 feet left of Station 406 plus   567          

50.07 on the centerline survey; thence South 11°42'11" West along  568          

the grantor's easterly property line a distance of 534.33 feet to  569          

an angle point on the proposed southerly limited access line, and  570          

passing over the centerline survey at a distance of 224.33 feet,   571          

the intersection of which is at Station 405 plus 06.15 on the                   

centerline survey; thence South 71°05'06" West along the limited   572          

access line, a distance of 515.23 feet to an angle point; thence   573          

along the grantor's property line by the following bearings and    574          

distances:  South 89°22'52" West a distance of 193.53 feet to an   575          

angle point; North 42°26'06" West a distance of 368.80 feet to an  576          

angle point on the limited access line, and passing over the       577          

centerline survey at a distance of 141.65 feet the intersection    578          

of which is at Station 395 plus 89.03 on the centerline survey;    579          

thence along the limited access line by the following bearings     580          

and distances:  North 70°22'18" East a distance of 388.57 feet to  581          

an angle point; North 60°57'09" East a distance of 590.51 feet to               

an angle point; North 88°56'05" East a distance of 156.00 feet to  582          

the true place of beginning and containing 390,674 square feet     583          

(8.969 acres) of land, more or less.                               584          

      Station 425 plus 49.26 on the centerline survey (Proposed    586          

State Route 217) is Station 72 plus 99.30 on the centerline of     587          

right-of-way of Riverview Road (County Highway No. 9).             588          

      Description for the above parcel is based on a survey made   590          

by Bryan E. Moody, Registered Surveyor No. 4936.                   591          

      Parcel No. 7                                                 593          

      Property behind the Westerville Armory.  Volume 1048, Page   595          

206, Franklin County Deed Records.                                 596          

      Situated in the City of Westerville, County of Franklin,     598          

State of Ohio, Quarter Township 2, Township 2N, Range 17W, of the  600          

United States Military Lands, being part of a 0.3257 acre tract    601          

                                                          17     


                                                                 
and bounded and described as follows:                                           

      Beginning at the Grantors northeasterly corner being 7.50    603          

feet right of centerline Station 25+70.81 and the true point of    604          

beginning;                                                                      

      Thence South 03°25'16" West with said westerly property      606          

line of Board of Education of the Westerville School District      607          

(D.V. 1017, Page 135), a distance of 214.60 feet to the northerly  608          

property line of the United States Postal Service (OR 17103A-16)   609          

and being 7.50 feet right of centerline Station 23+56.21;          610          

      Thence North 85°04'44" West with the northerly line of said  612          

United States Postal Service tract, a distance of 15.01 feet to a  613          

point 7.50 feet left of centerline Station 23+56.61;               614          

      Thence North 03°25'16" East a distance of 214.77 feet to     616          

the Grantors northerly line and being 7.50 feet left of            617          

centerline Station 25+71.38;                                                    

      Thence South 84°25'42" East, a distance of 15.01 feet to     619          

the true point of beginning and containing 0.074 acres of land     621          

more or less.                                                                   

      Basis of bearings is a graphic solution taken from the       623          

U.S.G.S. Quadrangle Map, Galena Quadrangle, for the old railroad   625          

between I.R. 270 and College Avenue having a bearing of North      626          

03°25'16" East.                                                                 

      The above description was prepared from an actual survey by  628          

Maynard H. Thompson, Professional Surveyor No. 7128.               629          

      Grantor (City of Westerville) claims title by instrument(s)  631          

of record in O.R. 33186, Page D-08, Franklin County Deed Records.  633          

      (B)  At the request of the Adjutant General, the Director    635          

of Administrative Services shall, pursuant to the procedures       636          

described in division (C) of this section, assist in the sale of   637          

any of the parcels described in division (A) of this section.      638          

      (C)  The Adjutant General shall appraise the parcels or      640          

have them appraised by one or more disinterested persons for a     641          

fee to be determined by the Adjutant General and shall offer the   642          

real estate for sale as follows:                                   643          

                                                          18     


                                                                 
      (1)  The Adjutant General first shall offer the real estate  645          

at the appraised value to the village, township, or city in which  646          

the property is located;                                           647          

      (2)  If, after sixty days, the village, township, or city    649          

has not accepted the offer to purchase the real estate at the      650          

appraised value or if the village, city, or township has accepted  651          

the offer but has failed to complete the purchase, the Adjutant    652          

General shall offer the real estate at the appraised value to the  654          

county in which the real estate is located;                        655          

      (3)  If, after sixty days, the county has not accepted the   657          

offer to purchase the real estate at the appraised value or if     658          

the county has accepted the offer but has failed to complete the   659          

purchase, a public auction shall be held and the real estate       660          

shall be sold to the highest bidder at a price acceptable to the   661          

Adjutant General.  The Adjutant General may reject any and all     662          

bids for any reason whatsoever.                                                 

      The Adjutant General shall advertise each auction in a       664          

newspaper of general circulation within the county in which the    665          

real estate is located, once a week for two consecutive weeks      666          

prior to the date of the auction.  The terms of sale shall be      667          

payment of ten per cent of the purchase price, as bid by the       668          

highest bidder, in cash, bank draft, or certified check on the     669          

date of sale, with the balance payable within sixty days after     670          

the date of sale.  A purchaser who does not complete the           671          

conditions of the sale as prescribed in this section shall         672          

forfeit the ten per cent of the purchase price to the state as     673          

liquidated damages.                                                             

      (D)  Advertising costs, appraisal fees, and other costs of   675          

the sales shall be paid by the Adjutant General's Department.      676          

      (E)  Upon payment of ten per cent of the purchase price      678          

pursuant to division (C) of this section, or upon notice from the  679          

Adjutant General's Department that a parcel of real estate         680          

described in division (A) of this section has been sold in         681          

accordance with division (C) of this section, a deed shall be      682          

                                                          19     


                                                                 
prepared for that parcel by the Auditor of State with the          683          

assistance of the Attorney General, to be executed by the          684          

Governor, countersigned by the Secretary of State, sealed with     686          

the Great Seal of the state, and presented for recording in the                 

Office of the Auditor of State.  Upon the grantee's payment of     688          

the balance of the purchase price, the deed shall be delivered to  689          

the grantee.  The grantee shall present the deed for recording in  690          

the office of the county recorder of the county in which the real  692          

estate is located.                                                 693          

      (F)  The net proceeds of the sales of the parcels described  695          

in this section shall be deposited in the State Treasury to the    696          

credit of the Armory Improvements Fund within the Adjutant         698          

General's Department, pursuant to section 5911.10 of the Revised   699          

Code.                                                              700          

      (G)  If a parcel of real estate is sold to a village, city,  702          

township, or county, and if that political subdivision sells the   704          

parcel within two years after its purchase, the political                       

subdivision shall pay to the state, to the credit of the Armory    705          

Improvements Fund within the Adjutant General's Department         707          

pursuant to section 5911.10 of the Revised Code, an amount                      

representing one-half of any net profit.  The net profit shall be  708          

computed by subtracting the price at which the political           709          

subdivision bought the real estate from the price at which the     710          

political subdivision sold the real estate, then subtracting from  711          

that remainder the amount of any expenditures the political        712          

subdivision made for improvements to the real estate.              713          

      (H)  This section shall expire five years after its          715          

effective date."                                                   716          

      Section 13.  That existing Section 2 of Am. H.B. 479 of the  718          

123rd General Assembly is hereby repealed.                         719          

      Section 14.  The amendment of Section 2 of Am. H.B. 479 of   721          

the 123rd General Assembly is contingent upon Am. H.B. 479         722          

becoming law.                                                      723          

      Section 15.  This act is hereby declared to be an emergency  725          

                                                          20     


                                                                 
measure necessary for the immediate preservation of the public     726          

peace, health, and safety.  The reason for such necessity is       727          

that:  (1)  the authority of the Director of Transportation to     728          

sell or convey unneeded property associated with the United        729          

States Route 68 project will facilitate critical negotiations      730          

necessary to advance the project, (2) the conveyance of real       731          

estate, as authorized by Sections 5 to 8 of this act, must be      732          

completed at the earliest possible time to enable the Village of   734          

Apple Creek to comply with the Environmental Protection Agency's                

mandate regarding the provision of waste water treatment services  735          

for the village, (3) the conveyance of the real estate described   736          

in Section 11 of this act is necessary at the earliest possible    737          

time to enable the Department of Rehabilitation and Correction to  738          

receive needed property as consideration for the conveyance and    739          

to avoid the costs and difficulties that would be incurred by      740          

delaying the conveyance, and (4) correction of a property                       

description is needed so that a previously authorized conveyance   741          

can proceed as intended.  Therefore, this act shall go into        743          

immediate effect.