As Introduced 1
123rd General Assembly 4
Regular Session S. B. No. 332 5
1999-2000 6
SENATOR DRAKE 8
_________________________________________________________________ 10
A B I L L
To authorize the conveyance of state-owned real 12
estate in Wayne County, adjacent to the Apple 13
Creek Developmental Center, to The Ohio State 14
University for the use of its College of Food,
Agriculture, and Environmental Sciences, and to 15
declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17
Section 1. The Governor is hereby authorized to execute a 19
deed in the name of the State conveying to The Ohio State 20
University, and its successors and assigns, all of the State's 21
right, title, and interest in the following described real 24
estate:
Situated in the Township of East Union, County of Wayne, State of 26
Ohio and known as being as part of Sections 16, 17, 19, 20, 28 27
and 29, T-16N; R-12W, Congress Lands North of the Old Seven 28
Ranges, Ohio River Survey, also Lot 131, Out Lot 8 and part of 29
Out Lot 14 in the Village of Apple Creek and more fully described 30
as follows:
Parcel 1 32
Consisting of approximately 193.279 acres, P.P.N. 27-01864-000 & 34
27-01865-000.
Situated in the Township of East Union, County of Wayne, State of 36
Ohio and known as being a part of the Northeast and Northwest 37
Quarters of Section 16, T-16N; R-12W, also known as being lands 38
conveyed to the State of Ohio, Department of Public Welfare, 39
Apple Creek School in Volume 261; Page 448 of Wayne County Deed 40
2
Records and further bounded and described as follows:
Beginning at a 5/8" rebar with I.D. cap marked "RUDOLPH" found at 42
the center of Section 16: 43
1) thence S 86° 08' 07" W along the quarter section line and 45
centerline of Ely Road (T.R. 163) a distance of 1345.72 feet 46
to a monument spike set at the southeast corner of lands 47
conveyed to the State of Ohio in Volume 276; Page 167 of 48
Wayne County Deed Records;
2) thence N 02° 42' 06" W along the easterly line of said State 50
of Ohio and passing thru a 5/8" rebar with I.D. cap marked 51
"S.J.L., INC." set at 2645.71 feet a total distance of 52
2675.71 feet to a monument spike set on the section line and 53
centerline of Secrest Road (T.R. 539);
3) thence N 86° 24' 49" E along the section line and centerline 55
of Secrest Road a distance of 1344.44 feet to a 5/8" rebar 56
found at the northeast corner of the Northwest Quarter of 57
Section 16;
4) thence N 86° 16' 46" E along the section line and centerline 59
of Secrest Road a distance of 1800.51 feet to a 5/8" rebar 60
with I.D. cap marked "S.J.L., INC." set at the northwest 61
corner of lands conveyed to Rebecca L. Hopkins in O.R. 106; 62
Page 269 of Wayne County Official Records;
5) thence S 03° 06' 58" E along the westerly line of said 64
Hopkins, the westerly line of lands conveyed to Christ D. 65
and Mary Schlabach in Volume 594; Page 72 and the westerly 66
line of lands conveyed to Owen C. and Eva Schlabach in O.R. 67
278; Page 847 of Wayne County Official Records and passing
through a 5/8" rebar found at 29.74 feet and a 5/8" rebar 68
with I.D. cap marked "RUDOLPH" found at 2634.32 feet a total 69
distance of 2664.32 feet to a railroad spike found at the 70
southwest corner of Schlabach and on the quarter section
line and centerline of Ely Road; 71
6) thence S 86° 08' 07" W along the quarter section line and 73
centerline of Ely Road a distance of 1818.72 feet to the 74
3
place of beginning and containing within said bounds 193.279 75
acres of land of which 110.771 acres are in the Northeast 76
Quarter of Section 16 and 82.508 acres are in the Northwest
Quarter of Section 16, more or less, and subject to all 77
legal highways and easements of record. 79
This description was prepared by Virgil D. Landis, P.S. #6651 81
from a survey made in July of 2000 by Shaffer, Johnston, 82
Lichtenwalter & Associates, Inc. Bearings are based on the NAD 83
83 State Plane System from survey "PP"-446. See Wayne County 84
Survey Records Volume QQ; Page 654 for survey.
Parcel 2 86
Consisting of approximately 47.189 acres, P.P.N. 27-01868-000. 88
Situated in the Township of East Union, County of Wayne, State of 90
Ohio and known as being a part of the Southwest Quarter of 91
Section 16, T-16N; R-12W, also known as being lands conveyed to 92
the State of Ohio in Volume 207; Page 223 of Wayne County Deed 93
Records and further bounded and described as follows:
Commencing at a 5/8" rebar with I.D. cap marked "RUDOLPH" found 95
at the center of Section 16; thence S 86° 08' 07" W along the 96
quarter section line and centerline of Ely Road (T.R. 163) a 97
distance of 570.02 feet to a railroad spike found at the 98
northwest corner of lands conveyed to Wayne County in Volume 720; 99
Page 772 of Wayne County Deed Records and the principal place of
beginning of the parcel herein described: 100
1) thence S 03° 52' 58" E along the westerly line of said Wayne 102
County and passing thru a 5/8" rebar with I.D. cap marked 103
"S.J.L., INC." set at 30.00 feet a total distance of 2618.17 104
feet to an iron pin found;
2) thence S 86° 57' 56" W, 809.77 feet to a 1" pipe found on 106
the easterly line of lands conveyed to Oris Earl and Dorothy 107
Ellen Steiner in Volume 545; Page 386 of Wayne County Deed 108
Records;
3) thence N 02° 52' 41" W along the easterly line of said 110
Steiner, the easterly line of lands conveyed to Alvin M. and 111
4
Freeda Gingerich in Volume 411; Page 76 of Wayne County Deed 112
Records, the easterly line of lands conveyed to Robert R. 113
and Neva L. Retherford in Volume 480; Page 369 of said
Records and the easterly line of Lots 24 and 23 in the Aden 114
J.C. Miller Allotment No. 2 as recorded in Volume 5; Pages 115
442-443 of Wayne County Plat Records and passing thru a 5/8" 116
rebar with I.D. cap marked "S.J.L., INC." set at 2576.82
feet a total distance of 2606.82 feet to a monument spike 117
set on the centerline of Ely Road; 118
4) thence N 86° 08' 07" E along the centerline of Ely Road a 120
distance of 763.97 feet to the place of beginning and 121
containing within said bounds 47.189 acres of land, more or 122
less, and subject to all legal highways and easements of 123
record.
This description was prepared by Virgil D. Landis, P.S. #6551 125
from a survey made in July of 2000 by Shaffer, Johnston, 126
Lichtenwalter & Associates, Inc. Bearings are based on the NAD 83 127
State Plane System from survey "PP"-446. See Wayne County Survey 128
Records Volume QQ; Page 654 for survey.
Parcel 3 130
Consisting of approximately 8.291 acres, P.P.N. 27-01866-000. 132
Situated in the Township of East Union, County of Wayne, State of 134
Ohio and known as being a part of the Southeast Quarter of 135
Section 16, T-16N; R-12W, also known as being lands conveyed to 136
the State of Ohio in Volume 207; Page 223, Volume 207; Page 226 137
and Volume 207; Page 227 of Wayne County Deed Records and further 138
bounded and described as follows:
Beginning at a rebar and stone found at the southeast corner of 140
Southeast Quarter of Section 16: 141
1) thence S 86° 05' 34" W along the section line a distance of 143
855.22 feet to a 5/8" rebar found at the southeast corner of 144
lands conveyed to the Wayne County Fire Rescue Association 145
in Volume 663; Page 123 of Wayne County Deed Records; 146
2) thence N 02° 58' 40" W along the easterly line of said Wayne 148
5
County Fire Rescue Association a distance of 479.64 feet to 149
a 5/8" rebar found at an angle point; 150
3) thence S 86° 14' 31" E along a southerly line of said Wayne 152
County Fire Rescue Association a distance of 861.84 feet to 153
a railroad spike found on the section line and centerline of 154
Millborne Road (C.R. 142);
4) thence S 02° 51' 14" E along the section line and centerline 156
of Millborne Road a distance of 364.58 feet to the place of 157
beginning and containing within said bounds 8.291 acres of 158
land, more or less, and subject to all legal highways and 159
easements of record.
This description was prepared by Virgil D. Landis, P.S. #6551 161
from a survey made in July of 2000 by Shaffer, Johnston, 162
Lichtenwalter & Associates, Inc. Bearings are based on the NAD 163
83 State Plane System from survey "PP"-446. See Wayne County 164
Survey Records Volume QQ; Page 654 for survey.
Parcel 4 166
Consisting of approximately 217.515 acres, P.P.N. 27-01869-000 & 168
27-01870-000.
Situated in the Township of East Union, County of Wayne, State of 170
Ohio and known as being a part of the Southeast and Southwest 171
Quarters of Section 17, T-16N; R-12W, also known as being lands 172
conveyed to the State of Ohio in Volume 207; Page 229 and Volume 173
207; Page 392 of Wayne County Deed Records and further bounded 174
and described as follows:
Beginning at a 1" rebar found at the center of Section 17: 176
1) thence N 86° 28' 56" E along the quarter section line and 178
centerline of Ely Road (T.R. 163) a distance of 2696.78 feet 179
to a monument spike set at the northeast corner of the 180
Southeast Quarter of Section 17 and at the intersection of 181
Ely Road with Apple Creek Road (C.R. 44);
2) thence S 02° 44' 53" E along the section line and centerline 183
of Apple Creek Road a distance of 2677.36 feet to a 1" pipe 184
found at the southeast corner of said quarter section; 185
6
3) thence S 87° 01' 17" W along the section line a distance of 187
2704.50 feet to a railroad spike found at the southwest 188
corner of said Southeast Quarter and the southeast corner of 189
the Southwest Quarter of Section 17;
4) thence S 86° 42' 30" W along the section line a distance of 191
1806.12 feet to a 5/8" rebar with I.D. cap marked "S.J.L., 192
INC." set at the southeast corner of Lot 23 in the 193
Wiles-Miller Allotment No. 1 as recorded in Volume 10; Page 194
440 of Wayne County Plat Records;
5) thence N 02° 36' 33" W along the easterly line of said Lot 196
23 a distance of 1326.70 feet to a stone found at the 197
northeast corner thereof;
6) thence N 86° 43' 35" E along the southerly line of Lots 21, 199
20, and 19 in said Wiles-Miller Allotment and the southerly 200
line of lands conveyed to Brent E. and Audrey L. Keller in 201
Volume 584; Page 457 in Wayne County Deed Records and 202
passing thru a 1" pipe found at 1776.87 feet a total
distance of 1806.87 feet to a railroad spike found on the 203
centerline of Barnard Road (T.R. 302); 204
7) thence S 02° 34' 35" E along the centerline of Barnard Road 206
and the westerly line of said Keller a distance of 133.92 207
feet to a monument spike set at the southwesterly corner 208
thereof;
8) thence N 86° 28' 56" E along the southerly line of said 210
Keller and passing thru a 5/8" rebar with I.D. cap marked 211
"S.J.L., INC." set at 30.00 feet a total distance of 175.25 212
feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." set 213
at the southeasterly corner thereof;
9) thence N 02° 34' 35" W along the easterly line of said 215
Keller a distance of 264.00 feet to a stone found at the 216
northeasterly corner thereof;
10) thence S 87° 01' 17" W along the northerly line of said 218
Keller and passing thru a 5/8" rebar with I.D. cap marked 219
"S.J.L., INC." set at 145.24 feet a total distance of 175.24 220
7
feet to a monument spike set on the centerline of Barnard 221
Road;
11) thence N 02° 34' 35" W along the centerline of Barnard Road 223
a distance of 1194.10 feet to the place of beginning and 224
containing within aid bounds 219.136 acres of land of which 225
164.130 acres are in the Southeast Quarter of Section 17 and 226
55.006 acres are in the Southwest Quarter of Section 17,
more or less, and subject to all legal highways and easement 227
of record.
Excepting therefrom the following described parcel: 229
Situated in the Township of East Union, County of Wayne, State of 231
Ohio and known as being a part of the Southeast Quarter of 232
Section 17, T-16N; R-12W, also known as being a part of lands 233
conveyed to the State of Ohio in Volume 207; Page 229 of Wayne 234
County Deed Records and further bounded and described as follows: 235
Commencing at an iron pin found at the southeast corner of the 237
Southeast Quarter of Section 17; thence N 02° 44' 35" W along the 238
section line and centerline of Apple Creek Road (C.R. 44) a 239
distance of 1625.06 feet to a monument spike found; thence N 86° 240
24' 00" W, 174.53 feet to a 5/8" rebar with I.D. cap marked 241
"S.J.L., INC." found and the principal place of beginning of the 242
parcel herein described:
1) thence S 83° 04' 04" W, 58.15 feet to a 5/8" rebar with I.D. 244
cap marked "S.J.L., INC." found; 245
2) thence S 57° 46' 38" W, 226.33 feet to a 5/8" rebar with 247
I.D. cap marked "S.J.L., INC." found; 248
3) thence S 11° 40' 19" W, 157.07 feet to a 5/8" rebar with 250
I.D. cap marked "S.J.L., INC." found; 251
4) thence S 87° 15' 02" W, 95.65 feet to a 5/8" rebar with I.D. 253
cap marked "S.J.L., INC." found; 254
5) thence N 57° 25' 15" W, 211.15 feet to a 5/8" rebar with 256
I.D. cap marked "S.J.L., INC." found; 257
6) thence N 43° 33' 15" E, 187.84 feet to a 5/8" rebar with 259
I.D. cap marked "S.J.L., INC." found; 260
8
7) thence N 82° 24' 02" E, 426.83 feet to a 5/8" rebar with 262
I.D. cap marked "S.J.L., INC." found; 263
8) thence S 05° 27' 15" E, 20.25 feet to the place of beginning 265
and containing within said bounds 1.621 acres of land, more 266
or less, and subject to all legal highways and easements of 267
record.
Together with right of ingress and egress over the following 269
described parcel of land: 270
Situated in the Township of East Union, County of Wayne, State of 272
Ohio and known as being a part of the Southeast Quarter of 273
Section 17, T-16N; R-12 W, also known as being a part of lands 274
conveyed to the State of Ohio in Volume 207; Page 229 of Wayne 275
County Deed Records and further bounded and described as follows: 276
Commencing at an iron pin found at the southeast corner of the 278
Southeast Quarter of Section 17; thence N 02° 44' 35" E along the 279
section line and centerline of Apple Creek Road (C.R. 44) a 280
distance of 1625.06 feet to a monument spike found and the 281
principal place of beginning of the easement herein described: 282
1) thence N 86° 24' 00" W, 174.53 feet to a 5/8" rebar with 284
I.D. cap marked "S.J.L., INC." found; 285
2) thence N 05° 27' 15" W, 20.25 feet to a 5/8" rebar with I.D. 287
cap marked "S.J.L., INC." found; 288
3) thence S 86° 24' 00" E, 175.49 feet to a monument spike 290
found on the section line and centerline of Apple Creek 291
Road;
4) thence S 02° 44' 53" W, 20.12 feet to the place of 293
beginning.
Leaving a balance of 217.515 acres of land of which 162.509 acres 295
are in the Southeast Quarter of Section 17 and 55.006 acres are 296
in the Southwest Quarter of Section 17, more or less, and subject 297
to all legal highways and easements of record. 298
This description was prepared by Virgil D. Landis, P.S. #6551 300
from a survey made in July of 2000 by Shaffer, Johnston, 301
Lichtenwalter & Associates, Inc. Bearings are based on the NAD 302
9
83 State Plane System from survey "PP"-446. See Wayne County 303
Survey Records Volume QQ; Page 655 for survey.
Parcel 5 305
Consisting of approximately 39.8 acres, P.P.N. 27-01871-000. 307
Situated in the Township of East Union, County of Wayne, State of 309
Ohio and known as being a part of the Northeast Quarter of 310
Section 19, T-16N; R-12W, also known as being lands conveyed to 311
the State of Ohio in Volume 207; Page 331 of Wayne County Deed 312
Records and further bounded and described as follows:
Beginning at a stone found at the northeast corner of the 314
Northeast Quarter of Section 19: 315
1) thence S 02° 24' 24" E along the section line a distance of 317
2637.82 feet to a stone found at the southeast corner of 318
said quarter section;
2) thence S 88° 34' 06" W along the quarter section line a 320
distance of 657.31 feet to a 5/8" rebar with I.D. cap marked 321
"GASBARRE" found at the southeast corner of lands conveyed 322
to William L. and Gita K. Bauerle in Volume 693; Page 761 of 323
Wayne County Deed Records;
3) thence N 02° 25' 29" W along the easterly line of said 325
Bauerle and the easterly line of lands conveyed to Danny C. 326
and Lora A. Fry in O.R. 57; Page 100 of Wayne County 327
Official Records a distance of 2634.65 feet to a 1" pipe
found on the section line; 328
4) thence N 88° 17' 26" E along the section line a distance of 330
658.10 feet to the place of beginning and containing within 331
said bounds 39.800 acres of land, more or less, and subject 332
to all legal highways and easements of record.
This description was prepared by Virgil D. Landis, P.S. #6551 334
from a survey made in July of 2000 by Shaffer, Johnston, 335
Lichtenwalter & Associates, Inc. Bearings are based on the NAD 336
83 State Plane System from Survey "PP"-446. See Wayne County 337
Survey Records Volume QQ; Page 656 for survey.
Parcel 6 339
10
Consisting of approximately 165.209 acres, P.P.N. 27-01872-000. 341
Situated in the Township of East Union, County of Wayne, State of 343
Ohio and known as being the Northeast Quarter of Section 20, 344
T-16N; R-12W, also known as being lands conveyed to the State of 345
Ohio in Volume 207; Page 222, Volume 207; Page 230, Volume 207; 346
Page 232 and Volume 207; Page 240 of Wayne County Deed Records. 347
Said parcel contains 165.209 acres of land, more or less, and
subject to all legal highways and easements of record. 348
This description was prepared by Virgil D. Landis, P.S. #6551 350
from a survey made in July of 2000 by Shaffer, Johnston, 351
Lichtenwalter & Associates, Inc.
See survey "PP"-446. 353
See Wayne County Survey Records Volume QQ; Page 656 for survey. 355
Parcel 7 357
Consisting of approximately 164.564 acres, P.P.N. 27-01873-000. 359
Situated in the Township of East Union, County of Wayne, State of 361
Ohio and known as being the Northwest Quarter of Section 20, 362
T-16N; R-12W, also known as being lands conveyed to the State of 363
Ohio in Volume 207; Page 239, Volume 207; Page 331 and Volume 364
207; Page 332 of Wayne County Deed Records. Said parcel contains 365
164.564 acres of land, more or less, and subject to all legal
highways and easements of record. 366
This description was prepared by Virgil D. Landis, P.S. #6551 368
from a survey made in July of 2000 by Shaffer, Johnston, 369
Lichtenwalter & Associates, Inc.
See survey "PP"-446. 371
See Wayne County Survey Records Volume QQ; Page 656 for survey. 373
Parcel 8 375
Consisting of approximately 271.765 acres, P.P.N. 27-01874-000 & 377
27-01875-000.
Situated in the Township of East Union, County of Wayne, State of 379
Ohio and known as being a part of the Southeast and Southwest 380
Quarters of Section 20, T-16N; R-12W, also known as being lands 381
conveyed to the State of Ohio in Volume 207; Page 228, Volume 382
11
207; Page 330 and Volume 207; Page 332 of Wayne County Deed 383
Records and further bounded and described as follows:
Beginning at a 1" pipe found at the northeast corner of the 385
Southeast Quarter of Section 20: 386
1) thence S 02° 15' 26" E along the section line and centerline 388
of Apple Creek Road (C.R. 44) a distance of 200.00 feet to 389
railroad spike found;
2) thence S 85° 03' 58" W and passing thru a 5/8" rebar with 391
I.D. cap marked "S.J.L., INC." found at 30.03 feet a total 392
distance of 650.63 feet to a 5/8" rebar with I.D. cap marked 393
"S.J.L., INC." found;
3) thence S 02° 15' 26" E, 460.00 feet to a 5/8" rebar with 395
I.D. cap marked "S.J.L., INC." found; 396
4) thence N 85° 03' 58" E and passing thru a 5/8" rebar with 398
I.D. cap marked "S.J.L., INC." found at 620.60 feet a total 399
distance of 650.63 feet to a railroad spike found on the 400
section line and centerline of Apple Creek Road;
5) thence S 02° 15' 26" E along the section line and centerline 402
of Apple Creek Road a distance of 1544.31 feet to a railroad 403
spike found on the Village of Apple Creek Corporation Line; 404
6) thence N 89° 52' 58" W along said Corporation Line a 406
distance of 712.28 feet to a 5/8" rebar with I.D. cap marked 407
"S.J.L., INC." set at the southeast corner of lands conveyed 408
to Ronald S. Painter in Volume 639; Page 568 of Wayne County 409
Deed Records;
7) thence N 00° 49' 51" E along the easterly line of said 411
Painter and the easterly line of lands conveyed to Cynthia 412
Catherman in Volume 590; Page 683 and Volume 646; Page 567 413
of Wayne County Deed Records a distance of 425.00 feet to a 414
1" pipe found at the northeast corner of said Catherman;
8) thence S 87° 13' 30" W along the northerly line of said 416
Catherman, the northerly line of lands conveyed to Fannie 417
Geiser in O.R. 54; Page 669 of Wayne County Official 418
Records, the northerly line of lands conveyed to the Village 419
12
of Apple Creek in Volume 454; Page 367 and O.R. 279; Page
896 of said Records and the northerly line of lands conveyed 420
to Gary L. Topp and Kenneth L. Blanchard in Volume 719; Page 421
118 of Wayne County Deed Records a and passing thru a 5/8" 422
rebar with I.D. cap marked "S.J.L., INC." set at 1984.39
feet a total distance of 2034.39 feet to a monument spike 423
set on the quarter section line and centerline of Barnard 424
Road (C.R. 302);
9) thence S 02° 34' 03" E along the quarter section line and 426
centerline of Barnard Road a distance of 714.12 feet to a 427
monument spike set at the southwest corner of said Topp and 428
Blanchard and on the centerline of Dover Road (U.S. 250); 429
10) thence S 86° 49' 47" E along the centerline of Dover Road 431
and the southerly line of said Topp and Blanchard a distance 432
of 692.00 feet to a 5/8" rebar with I.D. cap marked 433
"RUDOLPH" found;
11) thence S 69° 43' 46" E along the centerline of Dover Road 435
and the southerly line of said Topp and Blanchard a distance 436
of 291.60 feet to a monument spike set on the centerline of 437
Dover Road and on the section line;
12) thence S 87° 26' 36" W along the section line a distance of 439
957.27 feet to a 1" rebar found at the southwest corner of 440
the Southeast Quarter of Section 20; 441
13) thence S 86° 34' 05" W along the section line a distance of 443
2357.64 feet to a 5/8" rebar with I.D. cap marked "RUDOLPH" 444
found at the southeasterly corner of lands conveyed to 445
Lester and Irene M. Steiner in Volume 501; Page 736 of Wayne 446
County Deed Records;
14) thence N 02° 07' 28" W along the easterly line of said 448
Steiner a distance of 454.28 feet to a point on the 449
centerline of Dover Road (reference 1" rebar found S 08° 44' 450
07" W, 29.87 feet);
15) thence N 87° 20' 01" W along the centerline of Dover Road a 452
distance of 365.12 feet to a point on the section line 453
13
(witnessed by a crows foot 18.17 feet north); 454
16) thence N 02° 29' 57" W along the section line a distance of 456
2149.36 feet to a stone found at the northwest corner of the 457
Southwest Quarter of Section 20; 458
17) thence N 87° 00' 14" E along the quarter section line a 460
distance of 2714.97 feet to a 1" pipe found at the center of 461
Section 20;
18) thence N 86° 49' 53" E along the quarter section line a 463
distance of 2732.76 feet to the place of beginning and 464
containing within said bounds 271.765 acres of land of which 465
111.568 acres are in the Southeast Quarter of Section 20 and 466
160.197 acres are in the Southwest Quarter of Section 20,
more or less, and subject to all legal highways and 467
easements of record.
This description was prepared by Virgil D. Landis, P.S. #6551 469
from a survey made in July of 2000 by Shaffer, Johnston, 470
Lichtenwalter & Associates, Inc. Bearings are based on the NAD 471
83 State Plane System from survey "PP"-446. See Wayne County 472
Survey Records Volume QQ; Page 656 for survey.
Parcel 9 474
Consisting of approximately 79.426 acres, P.P.N. 27-01881-000 & 476
27-01882-000.
Situated in the Township of East Union, County of Wayne, State of 478
Ohio and known as being a part of the Northeast and Northwest 479
Quarters of Section 29, T-16N; R-12W, also known as being lands 480
conveyed to the State of Ohio in Volume 207; Page 229 of Wayne 481
County Deed Records and further bounded and described as follows: 482
Beginning at a 1" rebar found at the northwest corner of the 484
Northeast Quarter of Section 29: 485
1) thence N 87° 26' 36" E along the section line a distance of 487
750.88 feet to a 5/8" rebar with I.D. cap marked "GASBARRE" 488
found on the centerline of Messner Road (T.R. 49); 489
2) thence S 27° 31' 14" W along the centerline of Messner Road 491
a distance of 380.20 feet to a 1" pipe found at the 492
14
northeast corner of lands conveyed to Ivalee Hamilton in 493
Volume 426; Page 660 and Volume 433; Page 553 of Wayne
County Deed Records; 494
3) thence S 86° 40' 14" W along the northerly line of said 496
Hamilton a distance of 313.50 feet to a 5/8" rebar with I.D. 497
cap marked "S.J.L., INC." set at the northwest corner 498
thereof;
4) thence S 00° 18' 14" W along the westerly line of said 500
Hamilton a distance of 165.00 feet to a 5/8" rebar with I.D. 501
cap marked "S.J.L., INC." set at the southwest corner 502
thereof and on the northerly line of lands conveyed to 503
Angela K. Glasgow in Volume 509; Page 77 and Volume 579;
Page 519 of Wayne County Deed Records; 504
5) thence S 87° 57' 24" W along the northerly line of said 506
Glasgow a distance of 243.08 feet to a fence post found at 507
the northwest corner thereof and on the quarter section 508
line;
6) thence S 02° 02' 38" E along the quarter section line a 510
distance of 864.94 feet to a 5/8" rebar with I.D. cap marked 511
"GASBARRE" found at the northeast corner of lands conveyed 512
to Joseph W. and Maureen Swartzentruber in O.R. 260; Page 513
365 of Wayne County Official Records;
7) thence S 86° 39' 42" W along the northerly line of said 515
Swartzentruber, the northerly line of lands conveyed to Joe 516
W. and Maureen Swartzentruber in Volume 722; Page 689 and 517
the northerly line of lands conveyed to the Springdale Farm 518
in O.R. 3; Page 905 of Wayne County Official Records a
distance of 2355.64 feet to a 5/8" rebar with I.D. cap 519
marked "GASBARRE" found at the southeast corner of lands 520
conveyed to Barbara Mullins etal in Volume 723; Pages 66 & 521
70 and O.R. 278; Page 158 of said Records;
8) thence N 02° 07' 28" W along the easterly line of said 523
Mullins a distance of 1356.92 feet to a 5/8" rebar with I.D. 524
cap marked "RUDOLPH" found on the section line; 525
15
9) thence N 86° 34' 05" E along the section line a distance of 527
2357.64 feet to the place of beginning and containing within 528
said bounds 79.426 acres of land of which 5.929 acres are in 529
the Northeast Quarter of Section 29 and 73.497 acres are in 530
the Northwest Quarter of Section 29, more or less, and
subject to all legal highways and easements of record. 531
This description was prepared by Virgil D. Landis, P.S. #6551 533
from a survey made in July of 2000 by Shaffer, Johnston, 534
Lichtenwalter & Associates, Inc. Bearings are based on the NAD 83 535
State Plane System from survey "PP"-446. See Wayne County Survey 536
Records Volume QQ; Page 656 for survey.
Parcel 10 538
Consisting of approximately 466.052 acres, P.P.N. 27-01867-000, 540
27-01876-000, 27001877-000, & 27-01878-000. 541
Situated in the Township of East Union, County of Wayne, State of 544
Ohio and known as being a part of the Northeast, Northwest, 545
Southeast and Southwest Quarters of Section 21, T-16N; R-12W, 547
also known as being lands conveyed to the State of Ohio in Volume 548
207; Page 220, Volume 207; Page 224, and Volume 207; Page 228 of
Wayne County Deed Records and further bounded and described as 549
follows:
Beginning at a rebar and stone found at the northeast corner of 551
the Northeast Quarter of Section 21: 552
1) thence S 02° 50' 56" E along the section line and centerline 554
of Millborne Road (C.R. 142) a distance of 2680.85 feet to a 555
1" pipe found at the southeast corner of said quarter 556
section;
2) thence S 02° 51' 36" E along the section line a distance of 558
2367.50 feet to a 5/8" rebar with I.D. cap marked "SHAMP" 559
found at the northerly corner of lands conveyed to James W. 560
Orr in Volume 613; Page 569 of Wayne County Deed Records; 561
3) thence S 41° 05' 07" W along the northwesterly line of said 563
Orr a distance of 433.13 feet to a point on the section line 564
(witnessed by a 5/8" rebar with I.D. cap marked "S.J.L., 565
16
INC." found S 44° 38' 33" E, 0.28 feet);
4) thence S 87° 05' 00" W along the section line a distance of 567
2409.31 feet to a 5/8" rebar with I.D. cap marked "SHAMP" 568
found at the southwest corner of the Southeast Quarter of 569
Section 21;
5) thence S 86° 31' 48" W along the section line a distance of 571
366.97 feet to a 5/8" rebar with I.D. cap marked "SHAMP" 572
found at the southeast corner of lands conveyed to the Board 573
of Trustees of East Union Township in O.R. 54; Page 438 of 574
Wayne County Official Records;
6) thence N 03° 26' 02" W along the easterly line of said Board 576
of Trustees a distance of 377.48 feet to a 5/8" rebar with 577
I.D. cap marked "RUDOLPH" found at the northeast corner 578
thereof;
7) thence S 87° 26' 18" W along the northerly line of said 580
Board of Trustees a distance of 1416.29 feet to a 5/8" rebar 581
with I.D. cap marked "RUDOLPH" found at the southeast corner 582
of lands conveyed to the Board of Trustees of East Union 583
Township in O.R. 54; Page 442 of Wayne County Official
Records; 584
8) thence N 02° 23' 16" W along the easterly line of said Board 586
of Trustees a distance of 342.57 feet to a 5/8" rebar with 587
I.D. cap marked "RUDOLPH" found at the northeast corner 588
thereof;
9) thence S 87° 23' 30" W along the northerly line of said 590
Board of Trustees a distance of 458.77 feet to a 5/8" rebar 591
with I.D. cap marked "SHAMP" found at the southeast corner 592
of lands conveyed to Apple Creek Volunteer Fire Department 593
and Emergency Squad, Inc. in O.R. 217; Page 728 of Wayne 594
County Official Records;
10) thence N 02° 15' 26" W along the easterly line of said Apple 596
Creek Volunteer Fire Department a distance of 211.32 feet to 597
a 5/8" rebar with I.D. cap marked "SHAMP" found at the 598
northeast corner thereof;
17
11) thence S 87° 23' 30" W along the northerly line of said 600
Apple Creek Volunteer Fire Department and passing thru a 601
5/8" rebar with I.D. cap marked "SHAMP" found at 485.35 feet 602
a total distance of 515.35 feet to a railroad spike found at 603
the northwest corner thereof and on the section line and
centerline of Apple Creek Road (C.R. 44); 604
12) thence N 02° 15' 26" W along the section line and centerline 606
of Apple Creek Road a distance of 1682.33 feet to a 1" pipe 607
found at the northwest corner of the Southwest Quarter of 608
Section 21;
13) thence N 03° 12' 39" W along the section line and centerline 610
of Apple Creek Road a distance of 1162.93 feet to a railroad 611
spike found;
14) thence N 68° 30' 11" E, 525.58 feet to a 5/8" rebar with 613
I.D. cap marked "S.J.L., INC." found at a point of 614
curvature;
15) thence northeasterly 306.27 feet along the arc of a curve 616
deflecting to the left, said curve having a radius of 617
1179.00 feet, a central angle of 14° 53' 02" and a chord 618
which bears N 61° 03' 39" E, 305.41 feet to a 5/8" rebar
with I.D. cap marked "S.J.L., INC." found at a point of 619
reverse curve;
16) thence southeasterly 375.09 feet along the arc of a curve 621
deflecting to the right, said curve having a radius of 622
267.00 feet, a central angle of 80° 29' 25" and a chord 623
which bears S 86° 08' 09" E, 345.00 feet to a point of
compound curve; 624
17) thence southeasterly 225.18 feet along the arc of a curve 626
deflecting to the right, said curve having a radius of 627
932.78 feet, a central angle of 13° 49' 53" and a chord 628
which bears S 38° 58' 30" E, 224.63 feet to a 5/8" rebar
with I.D. cap marked "S.J.L., INC." found at a point of 629
reverse curve;
18) thence southeasterly 129.18 feet along the arc of a curve 631
18
deflecting to the left, said curve having a radius of 219.70 632
feet, a central angle of 33° 41' 22" and a chord which bears 633
S 48° 54' 15" E, 127.33 feet to a 5/8" rebar with I.D. cap 634
marked "S.J.L., INC." found;
19) thence S 65° 44' 56" E, 267.57 feet to a 5/8" rebar with 636
I.D. cap marked "S.J.L., INC." found at a point of 637
curvature;
20) thence southeasterly 60.37 feet along the arc of a curve 639
deflecting to the right, said curve having a radius of 640
515.54 feet, a central angle of 06° 42' 35" and a chord 641
which bears S 62° 23' 39" E, 60.34 feet to a 5/8" rebar with 642
I.D. cap marked "S.J.L., INC." found at a point of reverse
curve;
21) thence southeasterly 166.81 feet along the arc of a curve 644
deflecting to the left, said curve having a radius of 257.00 645
feet, a central angle of 37° 11' 20" and a chord which bears 646
S 77° 38' 01" E, 163.90 feet to a 5/8" rebar with I.D. cap 647
marked "S.J.L., INC." found;
22) thence N 83° 46' 19" E, 695.35 feet to a 5/8" rebar with 649
I.D. cap marked "S.J.L., INC." found; 650
23) thence S 03° 11' 31" E, 274.73 feet to a 5/8" rebar with 652
I.D. cap marked "S.J.L., INC." found; 653
24) thence N 86° 48' 29" E, 1039.31 feet to a 5/8" rebar with 655
I.D. cap marked "S.J.L., INC." found; 656
25) thence N 03° 11' 31" W, 655.89 feet to a 5/8" rebar with 658
I.D. cap marked "S.J.L., INC." found; 659
26) thence N 85° 51' 29" E and passing thru a 5/8" rebar found 661
at 137.09 feet at the southwest corner of lands conveyed to 662
the Wayne County Fire Rescue Association in Volume 663; Page 663
123 of Wayne County Deed Records, and along their southerly 664
line a total distance of 1435.49 feet to a 5/8" rebar found
at the southeast corner thereof; 665
Thence along the easterly line of said Wayne County Fire Rescue 667
Association the following three (3) courses: 668
19
27) thence N 18° 52' 54" W, 382.36 feet to a 5/8" rebar found; 670
28) thence N 34° 00' 00" W, 476.22 feet to a 5/8" rebar found; 672
29) thence N 02° 58' 40" W, 531.08 feet to a 5/8" rebar found at 674
the northeast corner thereof and at the southwest corner of 675
lands conveyed to the State of Ohio in Volume 207; Pages 676
223, 226 and 227 of Wayne County Deed Records; 677
30) thence N 86° 05' 34" E along the southerly line of said 679
State of Ohio a distance of 855.22 feet to the place of 680
beginning and containing within said bounds 466.052 acres of 681
land of which 95.763 acres are in the Northeast Quarter of 682
Section 21, 70.407 acres are in the Northwest Quarter of
Section 21, 166.163 acres are in the Southeast Quarter of 683
Section 21 and 133.719 acres are in the Southwest Quarter of 684
Section 21, more or less, and subject to all legal highways 685
and easements of record.
This description was prepared by Virgil D. Landis, P.S. #6551 687
from a survey made in July of 2000 by Shaffer, Johnston, 688
Lichtenwalter & Associates, Inc. Bearings are based on the NAD 689
83 State Plane System from survey "PP"-446. See Wayne County 690
Survey Records Volume QQ; Page 657 for survey.
Parcel 11 692
Consisting of approximately 62.205 acres, P.P.N. 27-01879-000 & 694
27-01880-000.
Situated in the Township of East Union, County of Wayne, State of 696
Ohio and known as being a part of the Northeast and Northwest 697
Quarters of Section 28, T-16N; R-12W, also known as being a part 698
of lands conveyed to the State of Ohio in Volume 207; Page 220 of 699
Wayne County Deed Records and further bounded and described as 700
follows:
Beginning at a 5/8" rebar with I.D. cap marked "SHAMP" found at 702
the northwest corner of the Northeast Quarter of Section 28: 703
1) thence N 87° 05' 00" E along the section line a distance of 705
2432.95 feet to a 5/8" rebar with I.D. cap marked "SHAMP" 706
found on the northwesterly line of lands conveyed to James 707
20
W. Orr in Volume 613; Page 569 of Wayne County Deed Records; 708
2) thence S 40° 56' 02" W along the northwesterly line of said 710
Orr a distance 83.63 feet to a railroad spike found on the 711
centerline of Hackett Road (C.R. 188); 712
3) thence S 41° 04' 54" W along the northwesterly line of lands 714
conveyed to G. & S. Energy, Inc. in O.R. 74; Page 883 of 715
Wayne County Official Records a distance of 1532.45 feet to 716
a 5/8" rebar found on the Village of Apple Creek Corporation 717
Line;
4) thence S 79° 04' 46" W along said Corporation Line a 719
distance of 1256.36 feet to a 5/8" rebar found; 720
5) thence S 79° 17' 36" W along said Corporation Line a 722
distance of 164.54 feet to a 5/8" rebar found; 723
6) thence N 35° 32' 40" W along said Corporation Line a 725
distance of 678.16 feet to a point on the southerly line of 726
lands conveyed to Apple Creek Cemetery Association in Volume 727
207; Pages 306 & 307 of Wayne County Deed Records; 728
7) thence N 86° 27' 59" E along the southerly line of said 730
cemetery a distance of 185.44 feet to a 5/8" rebar with I.D. 731
cap marked "SHAMP" found at the southeast corner thereof; 732
8) thence N 09° 28' 46" W along the easterly line of said 734
cemetery a distance of 788.42 feet to a 5/8" rebar with I.D. 735
cap marked "SHAMP" found at the northeast corner thereof and 736
on the section line;
9) thence N 86° 31' 48" E along the section line a distance of 738
366.97 feet to the place of beginning and containing within 739
said bounds 62.205 acres of land of which 52.283 acres are 740
in the Southeast Quarter of Section 28 and 9.922 acres are 741
in the Northwest Quarter of Section 28, more or less, and
subject to all legal highways and easements of record. 742
This description was prepared by Virgil D. Landis, P.S. #6551 744
from a survey made in July 2000 by Shaffer, Johnston, 745
Lichtenwalter & Associates, Inc. Bearings are based on the NAD 746
83 State Plane System from survey "PP"-446. See Wayne County 747
21
Survey Records Volume QQ; Page 657 for survey.
Parcel 12 749
Consisting of approximately 7.226 acres, P.P.N. 28-00466-000. 751
Situated in the Village of Apple Creek, County of Wayne, State of 754
Ohio and known as being a part of O.L. 14 in said Village, also 755
known as being lands conveyed to the State of Ohio in Volume 206; 757
Page 365 of Wayne County Deed Records and further bounded and
described as follows: 758
Beginning at a 5/8" rebar with I.D. cap marked "SHAMP" found at 760
the southwesterly corner of Lot 79 in said Village, also being 761
the southwest corner of lands conveyed to John W. and Beverly S. 762
Holley in Volume 576; Page 605 of Wayne County Deed Records: 763
1) thence N 56° 48' 15" E along the southerly line of said Lot 765
79 and the southerly line of said Holley a distance of 766
160.00 feet to a 5/8" rebar with I.D. cap marked "SHAMP" 767
found at the southeasterly corner thereof;
2) thence N 47° 35' 03" W along the easterly line of said Lot 769
79 and the easterly line of said Holley a distance of 60.00 770
feet to a 5/8" rebar with I.D. cap marked "SHAMP" found at 771
the northeasterly corner thereof;
3) thence S 56° 48' 15" W, 18.02 feet to a 5/8" rebar with I.D. 773
cap marked "SHAMP" found on the easterly line of Cemetery 774
Street;
4) thence N 09° 20' 27" W along the easterly line of Cemetery 776
Street a distance of 216.16 feet to a 5/8" rebar with I.D. 777
cap marked "SHAMP" found at the southeast corner of lands 778
conveyed to the Village of Apple Creek in Volume 166; Page 779
230 of Wayne County Deed Records;
5) thence N 86° 27' 59" E along the southerly line of said 781
Village of Apple Creek and the southerly line of lands 782
conveyed to Apple Creek Cemetery Association in Volume 207; 783
Pages 306 and 307 of Wayne County Deed Records a distance of 784
548.56 feet to a point on the Village of Apple Creek
Corporation Line; 785
22
6) thence S 35° 32' 40" E along said Corporation Line a 787
distance of 678.16 feet to a 5/8 rebar found on the 788
northerly line of Lot 314 in the Troxel Acres Subdivision as 789
recorded in Volume 20; Page 261 of Wayne County Plat
Records;
7) thence S 79° 17' 36" W along the northerly line of said Lot 791
314 a distance of 179.34 feet to a 1/2" pipe found at the 792
northwest corner thereof and the northeast corner of lands 793
conveyed to Ray B. and Bessie G. Hawkins in Volume 427; Page 794
347 of Wayne County Deed Records;
8) thence S 79° 11' 11" W along the northerly line of said 796
Hawkins a distance of 228.21 feet to a 5/8" rebar with I.D. 797
cap marked "SHAMP" found at the southeast corner of lands 798
conveyed to Massillon Cable TV in Volume 580; Page 268 of 799
Wayne County Deed Records;
9) thence N 10° 40' 45" W along the easterly line of said 801
Massillon Cable TV a distance of 349.99 feet to a 1/2" pipe 802
found at the northeast corner thereof; 803
10) thence S 79° 15' 37" W along the northerly line of said 805
Massillon Cable TV a distance of 232.38 feet to a 1" pipe 806
found;
11) thence S 42° 22' 56" W along the westerly line of said 808
Massillon Cable TV a distance of 222.03 feet to a 1" pipe 809
found on the northeasterly line of Grange Street; 810
12) thence N 47° 35' 03" W along the northeasterly line of 812
Grange Street a distance of 186.82 feet to the place of 813
beginning and containing within said bounds 7.226 acres of 814
land, more or less, and subject to all legal highways and 815
easements of record.
This description was prepared by Virgil D. Landis, P.S. #6551 817
from a survey made in July 2000 by Shaffer, Johnston, 818
Lichtenwalter & Associates, Inc. Bearings are based on the NAD 819
83 State Plane System from survey "PP"-446. See Wayne County 820
Survey Records Volume QQ; Page 657 for survey.
23
Parcel 13 822
Consisting of approximately 3.132 acres, P.P.N. 28-00452-000. 824
Situated in the Village of Apple Creek, County of Wayne, State of 827
Ohio and known as being Out Lot 8 in said Village, also known as 828
being lands conveyed to the State of Ohio in Volume 207; Page 330 830
of Wayne County Deed Records. Said parcel contains 3.132 acres 831
of land, more or less, and subject to all legal highways and
easements of record. 832
This description was prepared by Virgil D. Landis, P.S. #6551 834
from a survey made in July 2000 by Shaffer, Johnston, 835
Lichtenwalter & Associates, Inc. See survey "PP"-446. See Wayne 836
County Survey Records Volume QQ; Page 656 for survey. 837
Parcel 14 839
Consisting of approximately 0.203 acres, P.P.N. 28-00453-000. 841
Situated in the Village of Apple Creek, County of Wayne, State of 843
Ohio and known as being Lot 131 in said Village, also known as 844
being lands conveyed to the State of Ohio in Volume 207; Page 330 845
of Wayne County Deed Records. Said parcel contains 0.203 acre of 846
land, more or less, and subject to all legal highways and 847
easements of record.
This description was prepared by Virgil D. Landis, P.S. #6551 849
from a survey made in July of 2000 by Shaffer, Johnston, 850
Lichtenwalter & Associates, Inc.
See survey "PP"-446. 852
See Wayne County Survey Records Volume QQ; 656 for survey. 854
Parcel 15 856
Consisting of approximately 165.972 acres. 858
Situated in the Township of East Union, County of Wayne, State of 860
Ohio and known as being the Northeast Quarter of Section 17, 861
T-16N; R-14W, also known as being lands conveyed to the State of 862
Ohio in Volume 276; Page 185 of Wayne County Deed Records. Said 863
parcel contains 165.972 acres of land, more or less, and subject 864
to all legal highways and easements of record.
This description was prepared by Virgil D. Landis, P.S. #6551 866
24
from a survey made in July of 2000 by Shaffer, Johnston, 867
Lichtenwalter & Associates, Inc.
See survey "PP"-446. 869
See Wayne County Survey Records Volume QQ; Page 655 for survey. 871
Parcel 16 873
Consisting of approximately 80.710 acres. 875
Situated in the Township of East Union, County of Wayne, State of 877
Ohio and known as being a part of the Northwest Quarter of 878
Section 16, T-16N; R-12W, also known as being lands conveyed to 879
the State of Ohio in Volume 276; Page 167 of Wayne County Deed 880
Records and further bounded and described as follows:
Beginning at a monument spike set at the southwest corner of the 882
Northwest Quarter of Section 16: 883
1) thence N 02° 40' 36" W along the section line and centerline 885
of Apple Creek Road (C.R. 44) a distance of 2387.08 feet to 886
a monument spike set at the southwest corner of lands 887
conveyed to Henry S. and Lulu E. Miller in Volume 366; Page 888
188 of Wayne County Deed Records;
2) thence N 86° 24' 49" E along the southerly line of said 890
Miller and passing thru a 5/8" rebar with I.D. cap marked 891
"S.J.L., INC." set at 30.00 feet a total distance of 295.18 892
feet to a 5/8" rebar with I.D. cap marked "S.L.J., INC." set 893
at the southeast corner thereof;
3) thence N 02° 40' 36" W along the easterly line of said 895
Miller and passing thru a 5/8" rebar with I.D. cap marked 896
"S.J.L., INC." set at 265.18 feet a total distance of 295.18 897
feet to a monument spike set at the northeast corner thereof 898
and on the section line and centerline of Secrest Road (T.R.
539); 899
4) thence N 86° 24' 49" E along the section line and centerline 901
of Secrest Road a distance of 1049.26 feet to a monument 902
spike set at the northwest corner of lands conveyed to the 903
State of Ohio, Department of Public Welfare, Apple Creek 904
School in Volume 261; Page 448 of Wayne County Deed Records;
25
5) thence S 02° 42' 06" E along the westerly line of said State 906
of Ohio parcel and passing thru a 5/8" rebar with I.D. cap 907
marked "S.J.L., INC." set at 30.00 feet and 2645.71 feet a 908
total distance of 2675.71 feet to a monument spike set on 909
the quarter section line and centerline of Ely Road (T.R.
163);
6) thence S 86° 08' 07" W along the quarter section line and 911
centerline of Ely Road a distance of 1345.72 feet to the 912
place of beginning and containing within said bounds 80.710 913
acres, more or less, and subject to all legal highways and 914
easements of record.
This description was prepared by Virgil D. Landis, P.S. #6551 916
from a survey made in July of 2000 by Shaffer, Johnston, 917
Lichtenwalter & Associates, Inc. Bearings are based on the NAD 918
83 State Plane System from survey "PP"-446. See Wayne County 919
Survey Records Volume QQ; Page 654 for survey.
Parcel 17 921
Consisting of approximately 1.621 acres. 923
Situated in the Township of East Union, County of Wayne, State of 925
Ohio and known as being a part of the Southeast Quarter of 926
Section 17, T-16N; R-12W, also known as being a part of lands 927
conveyed to the State of Ohio in Volume 207; Page 229 of Wayne 928
County Deed Records and further bounded and described as follows: 929
Commencing at an iron pin found at the southeast corner of the 931
Southeast Quarter of Section 17; thence N 02° 44' 53" W along the 932
section line and centerline of Apple Creek Road (C.R. 44) a 933
distance of 1625.06 feet to a monument spike set; thence N 86° 934
24' 00" W, 174.53 feet to a 5/8" rebar with I.D. cap marked 935
"S.J.L., INC." set and the principal place of beginning of the
parcel herein described: 936
1) thence S 83° 04' 04" W, 58.15 feet to a 5/8" rebar with I.D. 938
cap marked "S.J.L., INC." set; 939
2) thence S 57° 46' 38" W, 226.33 feet to a 5/8" rebar with 941
I.D. cap marked "S.J.L., INC." set; 942
26
3) thence S 11° 40' 19" W, 157.07 feet to a 5/8" rebar with 944
I.D. cap marked "S.J.L., INC." set; 945
4) thence S 87° 15' 02" W, 95.65 feet to a 5/8" rebar with I.D. 947
cap marked "S.J.L., INC." set; 948
5) thence N 57° 25' 15" W, 211.15 feet to a 5/8" rebar with 950
I.D. cap marked "S.J.L., INC." set; 951
6) thence N 43° 33' 15" E, 187.84 feet to a 5/8" rebar with 953
I.D. cap marked "S.J.L., INC." set; 954
7) thence N 82° 24' 02" E, 426.83 feet to a 5/8" rebar with 956
I.D. cap marked "S.J.L., INC." set; 957
8) thence S 05° 27' 15" E, 20.25 feet to the place of beginning 959
and containing within said bounds 1.621 acres of land, more 960
or less, and subject to all legal highways and easements of 961
record.
Together with right of ingress and egress over the following 963
described parcel of land: 964
Situated in the Township of East Union, County of Wayne, State of 966
Ohio and known as being a part of the Southeast Quarter of 967
Section 17, T-16N; R-12W, also known as being a part of lands 968
conveyed to the State of Ohio in Volume 207; Page 229 of Wayne 969
County Deed Records and further bounded and described as follows: 970
Commencing at an iron pin found at the southeast corner of the 972
Southeast Quarter of Section 17; thence N 02° 44' 53" E along the 974
section line and centerline of Apple Creek Road (C.R. 44) a 975
distance of 1625.06 feet to a monument spike set and the
principal place of beginning of the easement herein described: 976
1) thence N 86° 24' 00" W, 174.53 feet to a 5/8" rebar with 978
I.D. cap marked "S.J.L., INC.," set; 979
2) thence N 05° 27' 15" W, 20.25 feet to a 5/8" rebar with I.D. 981
cap marked "S.J.L., INC." set; 982
3) thence S 86° 24' 00" E, 175.49 feet to a monument spike set 984
on the section line and centerline of Apple Creek Road; 985
4) thence S 02° 44' 53" W, 20.12 feet to the place of beginning. 987
This description was prepared by Virgil D. Landis, P.S. #6551 989
27
from a survey made in July of 2000 by Shaffer, Johnston, 990
Lichtenwalter & Associates, Inc. Bearings are based on the NAD 991
83 State Plane System from survey "PP"-446. See Wayne County 992
Survey Records Volume QQ; Page 524 for survey.
Parcel 18 994
Consisting of approximately 130.822 acres. 996
Situated in the Township of East Union, County of Wayne, State of 998
Ohio and known as being a part of the Southeast and Southwest 999
Quarters of Section 16 and the Northeast and Northwest Quarters 1,000
of Section 21, T-16N; R-12W, also known as being a part of lands 1,001
conveyed to the State of Ohio in Volume 207; Page 223, Volume 1,002
207; Page 224, and Volume 207; Page 228 of Wayne County Deed
Records and further bounded and described as follows: 1,003
Beginning at a 1" pipe found at the northwest corner of the 1,005
Northwest Quarter of Section 21: 1,006
1) thence N 86° 07' 02" E along the section line and southerly 1,008
line of lands conveyed to Oris Earl and Dorothy Ellen 1,009
Steiner in Volume 545; Page 386 of Wayne County Deed Records 1,010
a distance of 1363.52 feet to a 1 1/2" pipe found at the 1,011
southeast corner of Steiner;
2) thence N 02° 52' 41" E along the easterly line of said 1,013
Steiner a distance of 70.00 feet to a 1" pipe found; 1,014
3) thence N 86° 57' 56" E, 809.77 feet to a 5/8" rebar with 1,016
I.D. cap marked "S.J.L., INC." set on the westerly line of 1,017
lands conveyed to Wayne County in Volume 720; Page 772 of 1,018
Wayne County Deed Records;
4) thence S 03° 52' 58" E along the westerly line of said Wayne 1,020
County a distance of 58.00 feet to a rebar over a stone 1,021
found on the section line;
5) thence S 03° 52' 57" E along the westerly line of said Wayne 1,023
County a distance of 240.00 feet to a 5/8" rebar found at 1,024
the southwest corner thereof;
6) thence N 86° 06' 23" E along the southerly line of said 1,026
Wayne County a distance of 550.13 feet to a 5/8" rebar found 1,027
28
at the southeast corner thereof;
7) thence N 02° 12' 57" W along the easterly line of said Wayne 1,029
County a distance of 240.00 feet to a rebar over a stone 1,030
found on the section line;
8) thence N 03° 36' 23" W along the easterly line of said Wayne 1,032
County a distance of 113.44 feet to a 1" pipe found; 1,033
9) thence N 86° 05' 34" E along the southerly line of said 1,035
Wayne County a distance of 521.12 feet to a 1" pipe found at 1,036
the southeasterly corner thereof; 1,037
10) thence N 02° 36' 10" W along the easterly line of said Wayne 1,039
County a distance of 150.61 feet to a 1" pipe found; 1,040
11) thence N 87° 47' 24" E along the southerly line of said 1,042
Wayne County a distance of 291.03 feet to a 1" pipe found on 1,043
the westerly line of lands conveyed to the Wayne County Fire 1,044
Rescue Association in Volume 663; Page 123 of Wayne County 1,045
Deed Records;
12) thence S 14° 18' 48" W along the westerly line of said Wayne 1,047
County Fire Rescue Association and passing thru a 5/8" rebar 1,048
found at 268.87 feet on the section line a total distance of 1,049
662.32 feet to a 5/8" rebar found;
13) thence S 65° 25' 44" E, 51.88 feet to a 5/8" rebar found; 1,051
14) thence S 02° 40' 46" W along the westerly line of said Wayne 1,053
County Fire Rescue Association a distance of 466.73 feet to 1,054
a 5/8" rebar found at a southwesterly corner thereof; 1,055
15) thence N 88° 30' 30" E along the southerly line of said 1,057
Wayne County Fire Rescue Association a distance of 327.10 1,058
feet to a 5/8" rebar found;
16) thence S 01° 33' 09" E along the westerly line of said Wayne 1,060
County Fire Rescue Association a distance of 442.22 feet to 1,061
a 5/8" rebar found at the southwesterly corner thereof; 1,062
17) thence S 85° 51' 29" W, 137.09 feet to a 5/8" rebar with 1,064
I.D. cap marked "S.J.L., INC." set; 1,065
18) thence S 03° 11' 31" E, 655.89 feet to a 5/8" rebar with 1,067
I.D. cap marked "S.J.L., INC." set; 1,068
29
19) thence S 86° 48' 29" W, 1039.31 feet to a 5/8" rebar with 1,070
I.D. cap marked "S.J.L., INC." set; 1,071
20) thence N 03° 11' 31" W, 274.73 feet to a 5/8" rebar with 1,073
I.D. cap marked "S.J.L., INC." set; 1,074
21) thence S 83° 46' 19" W, 695.35 feet to a 5/8" rebar with 1,076
I.D. cap marked "S.J.L., INC." set at a point of curvature; 1,077
22) thence northwesterly 166.81 feet along the arc of a curve 1,079
deflecting to the right, said curve having a radius of 1,080
257.00 feet, a central angle of 37° 11' 20" and a chord 1,081
which bears N 77° 38' 01" W, 163.90 feet to a 5/8" rebar
with I.D. cap marked "S.J.L., INC." set at a point of 1,082
reverse curve;
23) thence northwesterly 60.37 feet along the arc of a curve 1,084
deflecting to the left, said curve having a radius of 515.54 1,085
feet, a central angle of 06° 42' 35" and a chord which bears 1,086
N 62° 23' 38" W, 60.34 feet to a 5/8" rebar with I.D. cap 1,087
marked "S.J.L., INC." set;
24) thence N 65° 44' 56" W, 267.57 feet to a 5/8" rebar with 1,089
I.D. cap marked "S.J.L., INC." set at a point of curvature; 1,090
25) thence northwesterly 129.18 feet along the arc of a curve 1,092
deflecting to the right, said curve having a radius of 1,093
219.70 feet, a central angle of 33° 41' 22" and a chord 1,094
which bears N 48° 54' 14" W, 127.33 feet to a 5/8" rebar
with I.D. cap marked "S.J.L., INC." set at a point of 1,095
reverse curve;
26) thence northwesterly 225.18 feet along the arc of a curve 1,097
deflecting to the left, said curve having a radius of 932.78 1,098
feet, a central angle of 13° 49' 53" and a chord which bears 1,099
N 38° 58' 30" W, 224.63 feet to a 5/8" rebar with I.D. cap 1,100
marked "S.J.L., INC." set at a point of compound curve;
27) thence northwesterly 375.09 feet along the arc of a curve 1,102
deflecting to the left, said curve having a radius of 267.00 1,103
feet, a central angle of 80° 29' 25" and a chord which bears 1,104
N 86° 08' 09" W, 345.00 feet to a 5/8" rebar with I.D. cap 1,105
30
marked "S.J.L., INC." set at a point of reverse curve;
28) thence southwesterly 306.27 feet along the arc of a curve 1,107
deflecting to the right, said curve having a radius of 1,108
1179.00 feet, a central angle of 14° 53' 02" and a chord 1,109
which bears S 61° 03' 40" W, 305.41 feet to a 5/8" rebar 1,110
with I.D. cap marked "S.J.L., INC." set;
29) thence S 68° 30' 11" W, 525.58 feet to a monument spike set 1,112
on the section line and centerline of Apple Creek Road (C.R. 1,113
44);
30) thence N 03° 12' 39" W along the section line and centerline 1,115
of Apple Creek Road a distance of 1479.67 feet to the place 1,116
of beginning and containing within said bounds 130.822 acres 1,117
of land of which 1.191 acres are in the Southwest Quarter of 1,118
Section 16, 2.861 acres are in the Southeast Quarter of
Section 16, 35.159 acres are in the Northeast Quarter of 1,119
Section 21 and 91.611 acres are in the Northwest Quarter of 1,120
Section 21, more or less, and subject to all legal highways 1,121
and easements of record.
This description was prepared by Virgil D. Landis, P.S. #6551 1,123
from a survey made in April of 2000 by Shaffer, Johnston, 1,124
Lichtenwalter & Associates, Inc. Bearings are based on the NAD 1,125
83 State Plane System from survey "PP"-446. See Wayne County 1,126
Survey Records Volume QQ; Page 528 for survey.
Parcel 19 1,128
Consisting of approximately 6.863 acres. 1,130
Situated in the Township of East Union, County of Wayne and State 1,132
of Ohio and known as being a part of the Southeast Quarter of 1,133
Section 20, T-16N; R-12W, and being further bounded and described 1,134
as follows:
Commencing at an iron pin found on the centerline of Apple Creek 1,136
Road (C.R. 44) marking the northeast corner of the Southeast 1,137
Quarter of Section 20; thence S 02° 15' 26" E along the section 1,138
line and centerline of Apple Creek Road a distance of 200.00 feet 1,139
to a railroad spike found and the principal place of beginning of 1,140
31
the parcel herein described:
1) thence continuing S 02° 15' 26" E along the section line and 1,142
the centerline of Apple Creek Road a distance of 460.00 feet 1,143
to a railroad spike found; 1,144
2) thence S 85° 03' 58" W and passing thru a 5/8" rebar with 1,146
I.D. cap marked "S.J.L., INC." found at 30.03 feet a total 1,147
distance of 650.63 feet to a 5/8" rebar with I.D. cap marked 1,148
"S.J.L., INC." found;
3) thence N 02° 15' 26" W, 460.00 feet to a 5/8" rebar with 1,150
I.D. cap marked "S.J.L., INC." found; 1,151
4) thence N 85° 03' 58" E and passing thru a 5/8" rebar with 1,153
I.D. cap marked "S.J.L., INC." found at 620.60 feet a total 1,154
distance of 650.63 feet to the place of beginning and 1,155
containing within said bounds 6.863 acres of land, more or 1,156
less, and subject to all legal highways and easements of
record.
This description was prepared by Virgil D. Landis, P.S. #6551 1,158
from a survey made in July of 2000 by Shaffer, Johnston, 1,159
Lichtenwalter & Associates, Inc. Bearings are based on the NAD 1,160
83 State Plane System from survey "PP"-446.
Parcel 20 1,162
Consisting of approximately 1.002 acres. 1,164
Situated in the Township of East Union, County of Wayne and State 1,166
of Ohio and known as being a part of the southwest quarter of 1,167
Section 21 and a part of the northwest quarter of Section 28, 1,168
T-16N; R-12W and being further bounded and described as follows: 1,169
Commencing at an iron pin found at the southwest corner of the 1,171
southwest quarter of Section 21; thence N 89° 42' 44" E along the 1,172
section line a distance of 691.84 feet to an iron pin set on the 1,173
easterly line of the Apple Creek Cemetery and the principal place 1,174
of beginning of the parcel herein described: 1,175
1) Thence N 0° 17' 16" W, 70.85 feet to an iron pipe found; 1,177
2) Thence N 89° 42' 44" E, 76.56 feet to an iron pipe found; 1,179
3) Thence N 0° 17' 16" W, 70.62 feet to an iron pipe found at 1,181
32
the northeast corner of said cemetery; 1,182
4) Thence N 89° 42' 44" E along the easterly prolongation of 1,184
the northerly line of said cemetery 150.00 feet to an iron 1,185
pin set;
5) Thence S 13° 49' 14" W and passing thru an iron pin set at 1,187
145.87 feet on the section line a distance of 241.61 feet to 1,188
a railroad spike set on the centerline of Church Street; 1,189
6) Thence S 78° 09' 04" W along the centerline of Church Street 1,191
171.14 feet to a railroad spike set at the southeast corner 1,192
of the aforementioned cemetery; 1,193
7) Thence N 0° 17' 16" W, 127.15 feet to the place of beginning 1,195
and containing within said bounds 1.002 acres of land of 1,196
which 0.554 acre is in the southwest quarter of Section 21 1,197
and 0.448 acre is in the northwest quarter of Section 28 be 1,198
the same more or less but subject to all legal highways.
Section 2. Consideration for the conveyance described in 1,200
Section 1 of this act shall be $1,200,000. The consideration 1,201
shall be paid in three installments. The first installment shall 1,202
be in the amount of $500,000, and shall be paid within sixty days 1,203
after the effective date of this act. The second installment 1,204
shall be in the amount of $500,000, and shall be paid on or 1,205
before the first-year anniversary date of the first installment. 1,206
The third installment shall be in the amount of $200,000, and 1,207
shall be paid on or before the second-year anniversary date of 1,208
the payment of the first installment. 1,209
Section 3. Upon payment of the first installment of the 1,211
consideration, as described in Section 2 of this act, the Auditor 1,212
of State, with the assistance of the Attorney General, shall 1,213
prepare a deed to the real estate described in Section 1 of this 1,214
act. The deed shall state the consideration and shall be 1,215
executed by the Governor in the name of the State, countersigned 1,216
by the Secretary of State, sealed with the Great Seal of the 1,217
State, presented in the Office of Auditor of State for recording, 1,218
and delivered to The Ohio State University. The Ohio State 1,219
33
University shall present the deed for recording in the Office of 1,220
the Wayne County Recorder. 1,221
Section 4. The Ohio State University shall pay the costs 1,223
of the conveyance described in Section 1 of this act. 1,224
Section 5. The net proceeds of the consideration received 1,226
pursuant to the conveyance described in Section 1 of this act 1,227
shall be deposited as follows: 1,228
(A) The net proceeds of the first and second installments 1,230
shall be deposited in Fund 152, Miscellaneous Revenue, the 1,233
Department of Mental Retardation and Developmental Disabilities. 1,234
The funds so deposited shall be used for the demolition of
Macintosh Hall. 1,235
(B) The net proceeds of the third installment shall be 1,237
deposited in the trust account, the Apple Creek Developmental 1,238
Center I and E Fund of the Department of Mental Retardation and 1,239
Developmental Disabilities and shall be used for programs and 1,240
projects to enhance the lives of the residents of the Apple Creek 1,241
Developmental Center. 1,242
No moneys derived from the conveyance described in Section 1,244
1 of this act shall be used for purposes of employment, staffing, 1,245
salaries, or other employee benefits. 1,246
Section 6. If The Ohio State University fails to make any 1,248
of the consideration payments as described in Section 2 of this 1,249
act, all right, title, and interest in the transferred real 1,250
estate shall immediately revert to the state and the jurisdiction 1,251
of the Department of Mental Retardation and Developmental 1,252
Disabilities without the need for further action by the grantor. 1,253
Section 7. The conveyance described in Section 1 of this 1,255
act shall not proceed until the Director of Mental Retardation 1,256
and Developmental Disabilities has approved a plan for the buffer 1,257
zone of the land, known as the "Buffer Zone Plan," which the 1,258
College of Food, Agriculture, and Environmental Sciences of The 1,259
Ohio State University shall develop and present to the director. 1,260
The plan shall consist of a comprehensive, detailed, and 1,261
34
specialized landscaping plan for portions of the real estate that 1,262
are to be conveyed pursuant to Section 1 of this act and that are 1,263
adjacent to the Apple Creek Developmental Center. The "Buffer 1,264
Zone Plan" shall identify the area under the jurisdiction of the 1,265
plan, inventory proposed tree and vegetation installations, and 1,266
provide a timetable for completion of the plan, taking into 1,267
account visual impact and scientifically sound odor management 1,268
principles.
Section 8. The "Buffer Zone Plan" described in Section 7 1,270
of this act shall be developed by the College of Food, 1,271
Agriculture, and Environmental Sciences of The Ohio State 1,272
University and implemented by the College at the College's sole 1,273
expense within three years after the effective date of this act. 1,274
If the College has not implemented the plan as approved by the 1,276
Director of Mental Retardation and Developmental Disabilities 1,277
pursuant to Section 7 of this act, all right, title, and interest 1,278
in the transferred real estate shall immediately revert to the 1,279
state and the jurisdiction of the Department of Mental 1,280
Retardation and Developmental Disabilities without the need for 1,281
further action by the grantor.
Section 9. The conveyance of the real estate described in 1,283
Section 1 of this act is subject to the conditions that The Ohio 1,284
State University and its College of Food, Agriculture, and 1,285
Environmental Sciences accept the real estate subject to a former 1,286
Indian burial ground that is believed to be located on the real 1,287
estate in or near the wooded plot southeast of the intersection 1,288
of Ely Road and Barnard Road in Wayne County, and that The Ohio 1,289
State University and its College of Food, Agriculture, and 1,290
Environmental Sciences assume all obligations associated with 1,291
that former Indian burial ground. If The Ohio State University 1,292
and its College of Food, Agriculture, and Environmental Sciences 1,293
do not assume such responsibilities as provided in this section, 1,294
all right, title, and interest in the transferred real estate 1,295
shall immediately revert to the state and the jurisdiction of the 1,296
35
Department of Mental Retardation and Developmental Disabilities 1,297
without the need for further action by the grantor. 1,298
Section 10. The conveyance described in Section 1 of this 1,300
act is contingent upon The Ohio State University's satisfaction 1,301
with the result of a due diligence investigation of the real 1,302
estate, which The Ohio State University shall conduct. If The 1,303
Ohio State University is not satisfied with the result of its 1,304
investigation, it may, as soon as reasonably feasible after the 1,305
effective date of this act, provide written notice of its intent 1,306
not to proceed with the conveyance to the Director of Mental 1,307
Retardation and Developmental Disabilities and shall have no 1,308
further obligation with respect to the conveyance. 1,309
Section 11. The conveyance described in Section 1 of this 1,311
act is contingent upon The Ohio State University obtaining a 1,312
title insurance commitment to issue a title insurance policy 1,313
insuring the real estate satisfactory to The Ohio State 1,315
University as soon as reasonably feasible after the effective
date of this act. If The Ohio State University does not obtain 1,317
title insurance that it considers satisfactory, it may, as soon 1,318
as reasonably feasible after the effective date of this act, 1,320
notify the Director of Mental Retardation and Developmental 1,322
Disabilities that it does not intend to proceed with the
conveyance and shall be under no further obligation with respect 1,324
to the conveyance.
Section 12. The conveyance described in Section 1 of this 1,326
act is contingent upon the approval of the conveyance by the 1,327
Board of Trustees of The Ohio State University, if the board 1,328
determines that its approval is necessary. The Ohio State 1,330
University may, if its Board of Trustees has failed to approve 1,331
the conveyance, notify the Director of Mental Retardation and 1,332
Developmental Disabilities as soon as reasonably feasible after 1,333
the effective date of this act that it does not intend to proceed 1,334
with the conveyance and shall have no further obligation with 1,335
respect to the conveyance. 1,336
36
Section 13. The conveyance described in Section 1 of this 1,338
act is subject to all easements including an easement of the 1,339
State of Ohio with regard to one producing water well that 1,340
currently supplies the Apple Creek Developmental Center, which 1,341
easement shall be retained by the State of Ohio. The Department 1,343
of Mental Retardation and Developmental Disabilities shall 1,344
maintain and repair, at its expense, this well and the lines 1,345
transporting water to the Apple Creek Developmental Center. The 1,346
Ohio State University and its College of Food, Agriculture, and 1,347
Environmental Sciences shall take no action that would interfere 1,348
with continued production of potable water from the identified 1,350
well. The Department shall maintain well head pumps or supply 1,352
lines, or both, between the well location and the Apple Creek
Developmental Center. 1,353
Section 14. The conveyance described in Section 1 of this 1,355
act is subject to the condition that The Ohio State University 1,356
not convey any or all of the real estate conveyed to it pursuant 1,357
to this act to any nonstate entity for a period of ten years from 1,358
the effective date of this act. If The Ohio State University 1,359
conveys the real estate contrary to the provisions of this 1,360
section, all right, title, and interest in the transferred real 1,361
estate shall immediately revert to the state and the jurisdiction 1,362
of the Department of Mental Retardation and Developmental 1,363
Disabilities without the need for further action by the grantor. 1,364
Section 15. If any of the four existing water wells 1,366
serving the Apple Creek Developmental Center ceases to produce 1,367
potable water, the Department of Mental Retardation and 1,368
Developmental Disabilities shall explore replacement of any such 1,369
well that ceases to produce sufficient potable water and shall 1,370
seek a well site that is within the real property remaining under 1,371
the jurisdiction of the Department. If the replacement water 1,373
well is unable to be located within the real property remaining 1,374
under the jurisdiction of the Department at the Apple Creek 1,376
Developmental Center, the Department may seek, drill, and 1,378
37
maintain a water well source on the real estate described in 1,379
Section 1 of this act at a site mutually agreed upon by the 1,380
Director of Mental Retardation and Developmental Disabilities and 1,381
the Vice-President of the College of Food, Agriculture, and 1,382
Environmental Sciences of The Ohio State University. Any 1,383
replacement water wells must produce, in concert with the
remaining well sources, potable water to the Apple Creek 1,384
Developmental Center in an amount sufficient to adequately supply 1,385
the needs of the Apple Creek Developmental Center as determined 1,386
by the Director.
Section 16. Upon the conveyance of the real estate 1,388
described in Section 1 of this act, the Inter-Agency Lease 1,389
between the Department of Mental Retardation and Developmental 1,390
Disabilities, through the Department of Administrative Services, 1,391
and The Ohio State University for approximately 1272.92 acres of 1,393
the real estate described in Section 1 of this act for a period 1,394
of forty years to expire on January 31, 2025, and bearing file 1,395
No. 3759-A (the "Lease"), shall automatically terminate and have 1,396
no further force or effect. If the Lease or a memorandum thereof 1,397
has been recorded with the Office of the Wayne County Recorder, 1,398
the State of Ohio, the Department of Administrative Services, the 1,399
Department of Mental Retardation and Developmental Disabilities, 1,400
and The Ohio State University shall execute all documentation 1,401
necessary to release or cancel, or both, the Lease of record on 1,402
the date of the conveyance of the real estate described in
Section 1 of this act. 1,403
Section 17. This act shall expire one year after its 1,405
effective date. 1,406
Section 18. This act is hereby declared to be an emergency 1,408
measure necessary for the immediate preservation of the public 1,409
peace, health, and safety. The reason for the emergency is that 1,410
the conveyance of the real estate is needed at the earliest 1,411
possible time so that the College of Food, Agriculture, and 1,412
Environmental Sciences of The Ohio State University may 1,413
38
immediately begin to implement its plans for the real estate and 1,414
the Department of Mental Retardation and Developmental 1,415
Disabilities may receive the proceeds of the conveyance for the 1,416
demolition of Macintosh Hall. Therefore, this act shall go into 1,417
immediate effect. 1,418