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
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(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.