As Passed by the House

124th General Assembly
Regular Session
2001-2002
Sub. H. B. No. 473


REPRESENTATIVES Carey, Peterson, Trakas, Core, Schmidt, Cates



A BILL
To authorize the conveyance of state-owned real estate1
located in Jackson County to the Jackson City Board2
of Education, to authorize the conveyance of3
state-owned real estate located in Delaware County4
to Delaware County, to authorize the conveyance of5
state-owned real estate located in Perry County to6
the Board of Trustees of the Hocking Technical7
College, to correct a legal description in a8
previous conveyance of real property the Adjutant9
General determined was no longer needed for armory10
or military purposes, to authorize the conveyance11
and transfer of state-owned personal property12
comprising part of the Flat Branch Sewage13
Treatment Plant located in Logan County to the14
Board of County Commissioners of Logan County, and15
to declare an emergency.16


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

       Section 1. (A) The Governor is hereby authorized to execute17
a deed in the name of the state conveying to the Jackson City18
Board of Education, and its successors and assigns, all of the19
state's right, title, and interest in the following described real20
estate:21

Parcel 122

       The following described tract is located in part of the23
Scioto Salt Reserve (SSR) Lots 4 and 5, Township 6 North, Range 1824
West, Franklin Township, Jackson County Ohio. Being part of the25
State of Ohio, Ohio Agricultural Research and Development Center's26
tract two and tract three, as recorded in Volume 209, at Page 648,27
of the Deed Records, Recorder's Office, Jackson County, Ohio and28
being more accurately described as follows:29

       Beginning at the intersection of the centerline of the30
Portsmouth Branch of the B&O SW Railroad (Jackson Short Line) and31
the township line between Franklin and Lick Townships, thence32
South 82 degrees 18'53" East, along the township line, a distance33
of 1398.90 feet to an iron pin set, said pin being the TRUE POINT34
OF BEGINNING for the herein described tract;35

       Thence South 82 degrees 18'53" East, continuing along the36
township line, passing an iron pin previously set at the southeast37
corner of Lick Township, SSR Lot 116 at a distance of 41.07 feet,38
a total distance of 215.54 feet to an iron pin set on the west39
right-of-way line of County Home Road (Township Road 707, 40'40
right-of-way), also being a tract of the Board of County41
Commissioners of Jackson County, as recorded in Deed Volume 76, at42
Page 267;43

       Thence South 07 degrees 11'24" West, along the west44
right-of-way line of County Home Road and said Commissioner's45
tract, a distance of 637.87 feet to an iron pin set;46

       Thence South 25 degrees 23'58" West, through the tract of47
which this description is a part, a distance of 677.82 feet to an48
iron pin set on the north right-of-way line of State Route 9349
(right-of-way varies) and being the south line of the tract of50
which this description is a part;51

       Thence North 64 degrees 30'00" West, along the north52
right-of-way line of State Route 93, a distance of 223.70 feet to53
an iron pin set on the east line of the Ohio Department of54
Transportation's tract as recorded in Deed Volume 270, at Page 49;55

       Thence along said Ohio Department of Transportation's tract56
and the right-of-way line for state Route 93, the following two57
(2) courses;58

       North 25 degrees 30'00" East, a distance of 20.00 feet to an59
iron pin set;60

       North 61 degrees West, a distance of 136.45 feet to an iron61
pin set;62

       Thence North 23 degrees 14'34' East, through the tract of63
which this description is a part, a distance of 1190.21 feet to64
the point of beginning. Containing a total of 9.665 acres, 9.64865
acres are within Scioto Salt Reserve Lot 4, and 0.017 acres within66
Scioto Salt Reserve Lot 5. All being part of Auditor's Parcel #67
0050010004500;68

       Being subject to all legal right-of-ways and easements.69

       All iron pins set for this survey are 5/8" rebar (30" long)70
with i.d. cap stamped "Dana Exline 7060."71

       A plat of survey is attached hereto and made a part hereof.72
This description is valid only if the plat is attached and73
recorded with it.74

       Bearings for this survey are rotated to ODOT plans JAC75
93-13.95 recorded in Jackson County Record of Centerline Plats76
Book 1, Page 83.77

       The above description was prepared from an actual field78
survey completed on March 08, 2001 by Dana A. Exline, Ohio79
Professional Surveyor #7060.80

Parcel 281

       The following described tract is located in part of the82
Scioto Salt Reserve (SSR) Lot 4, Township 6 North, Range 18 West,83
Franklin Township, Jackson County Ohio. Being part of the State of84
Ohio, Ohio Agricultural Research and Development Center's tract85
two as recorded in Volume 209, at Page 648, of the Deed Records,86
Recorder's Office, Jackson County, Ohio and being more accurately87
described as follows:88

       Beginning at the intersection of the centerline of the89
Portsmouth Branch of the B&O SW Railroad (Jackson Short Line) and90
the township line between Franklin and Lick townships, thence91
South 82 degrees 18'53" East, along the township line, a distance92
of 1654.44 feet to an iron pin set on the east right-of-way line93
of County Home Road (Township Road 707, 40' right-of-way) also94
being a tract of the Board of County Commissioners of Jackson95
County, as recorded in Deed Volume 76, at page 267, said pin being96
the TRUE POINT OF BEGINNING for the herein described tract;97

       Thence South 82 degrees 18'53" East, continuing along the98
township line, a distance of 353.70 feet to an iron pin set;99

       Thence South 38 degrees 54'57" West, through the tract of100
which this description is a part, a distance of 672.60 feet to an101
iron pin set on the east right-of-way line of County Home Road and102
said Commissioner's tract;103

       Thence North 07 degrees 11'24" East, along the east104
right-of-way line of County Home Road, a distance of 575.15 feet105
to the point of beginning. Containing a total of 2.335 acres.106
Being part of Auditor's Parcel #0050010004500;107

       Being subject to all legal right-of-ways and easements.108

       All iron pins set for this survey are 5/8" rebar (30" long)109
with i.d. cap stamped "Dana Exline 7060."110

       A plat of survey is attached hereto and made a part hereof.111
This description is valid only if the plat is attached and112
recorded with it.113

       Bearings for this survey are rotated to ODOT plans JAC114
93-13.95 recorded in Jackson County Record of Centerline Plats115
Book 1, Page 83.116

       The above description was prepared from an actual field117
survey completed on March 08, 2001 by Dana A. Exline, Ohio118
Professional Surveyor #7060.119

       (B) Consideration for the conveyance of the real estate120
described in division (A) of this section is the conveyance from121
the Jackson City Board of Education to the state (The Ohio State122
University) and its successors and assigns of the following123
described real estate:124

       The following described tract is located in part of the125
Scioto Salt Reserve (SSR) Lots 117 and 118, Township 7 North,126
Range 18 West, Lick Township, Jackson County Ohio, and being part127
of the Jackson City Schools, Board of Education's 24.118 acre128
tract, as recorded in Volume 330, at Page 333, of the Deed129
Records, Recorder's Office, Jackson County, Ohio and being more130
accurately described as follows:131

       Beginning at the intersection of the centerline of the132
Portsmouth Branch of the B&O SW Railroad (Jackson Short Line) and133
the township line between Lick and Franklin Townships, thence134
South 82°18'53" East, along the township line, passing an iron pin135
set at the southwest corner of SSR Lot 117 at 1439.97 feet, a136
total distance of 2112.86 feet to an iron pin set and being the137
TRUE POINT OF BEGINNING for the herein described tract;138

       Thence North 05°33'28" East, through the tract of which this139
description is a part, a distance of 735.22 feet to an iron pin140
set on the north line of the 24.118 acre tract;141

       Thence South 82°15'00" East, along the north line of the142
tract of which this description is a part, a distance of 659.26143
feet to an iron pin previously set on the west line of a twenty144
foot wide ingress-egress easement for the Jackson County Home145
Cemetery;146

       Thence South 07°08'47" West, along an easterly line of the147
tract of which this description is a part, a distance of 308.00148
feet to an iron pin previously set;149

       Thence South 82°18'53" East, along a boundary line of the150
tract of which this description is a part passing into SSR Lot 118151
at 20.00 ft, a total distance of 108.20 feet to an iron pin152
previously set;153

       Thence South 07°08'47" West, along an easterly line of the154
tract of which this description is a part, a distance of 426.00155
feet to an iron pin previously set on the township line between156
Lick and Franklin Townships;157

       Thence North 82°18'53" West, along the township line passing158
an iron pin previously set for the southeast corner of SSR Lot 117159
at 88.20 feet, a total distance of 747.07 feet to the point of160
beginning. Containing a total of 12.000 acres. 11.137 acres are161
within Scioto Salt Reserve Lot 117, and 0.863 acres are within162
Scioto Salt Reserve Lot 118. All being part of Auditor's Parcel163
#H120060025401;164

       Being subject to all legal right-of-ways and easements.165

       All iron pins set for this survey are 5/8" rebar (30" long)166
with i.d. cap stamped "Dana Exline 7060."167

       A plat of survey is attached hereto and made a part hereof.168
This description is valid only if the plat is attached and169
recorded with it.170

       Bearings for this survey are rotated to ODOT plans JAC171
93-13.95 recorded in Jackson County Record of Centerline Plats172
Book 1, Page 83.173

       The above description was prepared from an actual field174
survey completed on March 08, 2001 by Dana A. Exline, Ohio175
Professional Surveyor #7060.176

       (C) The Jackson City Board of Education shall pay the costs177
of the conveyances described in divisions (A) and (B) of this178
section.179

       (D) Upon the conveyance to the state of the real estate180
described in division (B) of this section, the Auditor of State,181
with the assistance of the Attorney General, shall prepare a deed182
to the real estate described in division (A) of this section. The183
deed shall state the consideration. The deed shall be executed by184
the Governor in the name of the state, countersigned by the185
Secretary of State, sealed with the Great Seal of the State,186
presented in the Office of the Auditor of State for recording, and187
delivered to the Jackson City Board of Education. The Jackson City188
Board of Education shall present the deed for recording in the189
Office of the Jackson County Recorder.190

       (E) This section shall expire one year after its effective191
date.192

       Section 2. (A) The Governor is hereby authorized to execute a193
deed in the name of the state conveying to Delaware County, and194
its successors and assigns, all of the state's right, title, and195
interest in the following described real estate:196

PARCEL 124-10-SH
197

DEL-CR-124-1.60
198

HIGHWAY EASEMENT TO REPLACE
199

A BRIDGE AND WIDEN ROADWAY ON HOME ROAD
200

       Situated in the State of Ohio, County of Delaware, Township201
of Concord, being a part of a 180.26 acre tract of land conveyed202
to the State of Ohio, as described in Deed Book 60, Page 469,203
Delaware County Recorder's Office, and being more particularly204
described as follows:205

       Being on the south side of County Road 124 (Home Road) and206
being located within the following described points in the207
boundary thereof:208

       Commencing, for reference, at an iron pin found in the209
intersection of State Route 745 and County Road 124 (Home Road);210

       thence with the centerline of Right-of-Way of County Road211
124, North 80°02'37" East a distance of 30.82 feet to a point,212

       thence leaving said centerline South 08°42'51" East a213
distance of 30.00 feet to a point in the existing southerly214
right-of-way of County Road 124, said point also being the TRUE215
POINT OF BEGINNING for the easement described herein;216

       thence North 80°02'37" East, a distance of 1537.91 feet to a217
point at Roadway Station 25+70.35, 11.58' Right;218

       thence South 16°06'08" East, a distance of 88.94 feet to a219
point at Roadway Station 25+80.23, 100.00' Right;220

       thence South 80°02'11" West, a distance of 664.86 feet to a221
point at Roadway Station 19+15.00, 100.00' Right;222

       thence North 65°05'45" West, a distance of 80.67 feet to a223
point at Roadway Station 18+50.00, 55.00' Right;224

       thence South 81°17'09" West, a distance of 93.00 feet to a225
point at Roadway Station 17+57.00, 55.00' Right;226

       thence South 08°42'51" East, a distance of 25.00 feet to a227
point at Roadway Station 17+57.00, 80.00' Right;228

       thence South 81°17'09" West, a distance of 57.00 feet to a229
point at Roadway Station 17+00.00, 80.00' Right;230

       thence North 08°42'51" West, a distance of 20.00 feet to a231
point at Roadway Station 17+00.00, 60.00' Right;232

       thence South 81°17'09" West, a distance of 140.00 feet to a233
point at Roadway Station 15+60.00, 60.00' Right;234

       thence North 08°42'51" West, a distance of 5.00 feet to a235
point at Roadway Station 15+60.00, 55.00' Right;236

       thence South 81°17'09" West, a distance of 525.86 feet to a237
point at Roadway Station 10+34.46, 55.00' Right;238

       thence North 11°30'28" West, a distance of 24.72 feet to the239
TRUE POINT OF BEGINNING at Roadway Station 10+32.94, 30.31' Right.240

       The above described area is a part of Auditor's Permanent241
Parcel Number 60024003007000. Within said bounds of Parcel242
124-10-SH is 2.117 acres, more or less, and subject to all other243
easements of record.244

       This description was prepared by Burgess & Niple, under the245
direction of S. Patrick Mills, Registered Professional Surveyor246
Number 7158.247

       The basis of bearings in this description are based on the248
Ohio State Plane Coordinate System, North Zone.249

       The stations referred to herein are based on construction250
plans for replacement of structure number 2130998.251

       (B) Consideration for the conveyance of the real estate252
described in division (A) of this section is the purchase price of253
$20,074.00. Proceeds from the sale of this real estate shall be254
deposited in the state treasury to the credit of the Department of255
Youth Services Building Development Fund.256

       (C) Delaware County shall pay the costs of the conveyance of257
the real estate described in division (A) of this section.258

       (D) Upon payment of the purchase price, the Auditor of State,259
with the assistance of the Attorney General, shall prepare a deed260
to the real estate described in division (A) of this section. The261
deed shall be executed by the Governor in the name of the state,262
countersigned by the Secretary of State, sealed with the Great263
Seal of the State, presented in the Office of the Auditor of State264
for recording, and delivered to Delaware County. Delaware County265
shall present the deed for recording in the Office of the Delaware266
County Recorder.267

       (E) This section shall expire one year after its effective268
date.269

       Section 3. (A) The Governor is hereby authorized to execute270
a deed in the name of the state conveying to the Board of Trustees271
of the Hocking Technical College, and its successors and assigns,272
all of the state's right, title, and interest in the following273
described real estate:274

       Situated in the State of Ohio, County of Perry, Township of275
Harrison, Twp. 14, Range 14, Section 9, bounded and described as276
follows:277

       Starting at the center of section; thence North 83°51'56"278
West 420.69 feet to an iron pin; thence South 5°13'04" West 233.22279
feet to an iron pin; thence South 7°58'04" West 382.54 feet to an280
iron pin; thence South 83°27'16" East 313.50 feet to an iron pin;281
thence South 6°32'44" West 33.0 feet to an iron pin; thence South282
83°27'16" East 20.0 feet to an iron pin; thence North 6°32'44"283
East 33.0 feet to an iron pin; thence South 83°27'16" East 248.72284
feet to an iron pin; thence South 5°45'44" West 136.88 feet to an285
iron pin; thence North 84°14'16" West 38.49 feet to a concrete286
monument at the place of beginning; South 84°14'16" West 770.63287
feet to a concrete monument; thence South 5°47'42" West 1417.03288
feet to a concrete monument on State Highway Number 93 right of289
way; thence along said right of way North 43°52'44" East 1312.63290
feet to an iron pin at the intersection of State Highway 75 right291
of way; thence North 5°45'44" East 201.0 feet to a concrete292
monument; thence North 30°14'16" West 65.48 feet to a concrete293
monument; thence North 5°45'44" East 130.0 feet to a concrete294
monument the place of beginning containing 16.62 acres more or295
less.296

       (B) Consideration for the conveyance of the real estate297
described in division (A) of this section is one dollar and other298
valuable consideration.299

       (C) The Board of Trustees of the Hocking Technical College300
shall pay the costs of the conveyance of the real estate described301
in division (A) of this section.302

       (D) Upon the payment of the consideration described in303
division (B) of this section, the Auditor of State, with the304
assistance of the Attorney General, shall prepare a deed to the305
real estate described in division (A) of this section. The deed306
shall state the consideration. The deed shall be executed by the307
Governor in the name of the state, countersigned by the Secretary308
of State, sealed with the Great Seal of the State, presented in309
the Office of the Auditor of State for recording, and delivered to310
the Board of Trustees of the Hocking Technical College. The Board311
of Trustees of the Hocking Technical College shall present the312
deed for recording in the Office of the Perry County Recorder.313

       (E) This section shall expire one year after its effective314
date.315

       Section 4. (A) This section is remedial, with its purpose316
being to remedy an error in Amended Substitute Senate No. 250,317
passed by the 123rd General Assembly on May 24, 2000, approved by318
the Governor on June 21, 2000, and effective on June 21, 2000, by319
adding language that was removed erroneously from the original320
legal description for the parcel of real estate designated as321
"Parcel No. 3" in Section 12 of that act that authorized the322
conveyance of property the Adjutant General determined was no323
longer needed for armory or military purposes. The legal324
description contained in that act was erroneous because it did not325
reflect an easement which, instead of being reserved to the326
original grantor, was actually a part of the original grant of327
land to the State of Ohio, Adjutant General's Department. Thus,328
the Adjutant General's Department could not properly transfer all329
of the land it was originally granted. The purpose of this section330
is to authorize the conveyance of the property located in Scioto331
County, Ohio, using the description contained in Amended332
Substitute Senate Bill No. 250 of the 123rd General Assembly, with333
the addition of the description of the easement for ingress and334
egress to the property, originally granted to the State of Ohio.335

       (B) Pursuant to section 5911.10 of the Revised Code, the336
Governor is hereby authorized to execute a deed in the name of the337
state conveying to C-FORCE, Inc., its successors and assigns, all338
of the state's right, title, and interest in the following339
described parcels of real estate and improvements on them that the340
Adjutant General has determined are no longer required for armory341
or military purposes, that are located in Scioto County, and that342
are known as the Portsmouth Armory, motor vehicle storage343
building, and organizational maintenance shop:344

"Parcel No. 3 - Portsmouth Armory property - Previous Deed345
Reference: Volume 380, Page 598, Scioto County Deed Record -346

Situated in the City of Portsmouth, County of Scioto and State of347
Ohio (Formerly in Clay Township), to-wit: Beginning at a point in348
the north property line of 17th Street, said point being Two349
Hundred Ten Feet (210 ft.) east of the center line of High Street;350
said point being also Fifty Feet (50 ft.) east of the first alley351
east of High Street; thence in a northwardly direction parallel to352
the east property line of the first alley east of High Street with353
a line bearing North 5 deg. 30 min, east 450 feet to a point;354
thence in an eastwardly direction parallel to the north property355
line of 17th Street with a line bearing South 85 deg. 17 min. East356
231 feet, more or less, to a point on the east property line of a357
3.98 acre tract of the Grantor herein; thence in a southwardly358
direction with the east line of said tract and bearing South 2359
deg. 12 min. West, 158 feet more or less, to a corner of said360
tract; thence in an eastwardly direction with the lines of said361
tract as follows:- South 86 deg. 54 min. East, 152.4 feet to a362
point; thence in a southwardly direction with a line bearing South363
2 deg., 53 min. West, 294 feet to a point; said point being in the364
north property line of 17th Street; thence in a westwardly365
direction with the north property line of 17th Street, North 85366
deg. 17 min. West, 400.4 feet to the point of beginning,367
containing 3.508 acres more or less, and being 3.147 acres off the368
3.93 acre tract, known as the "First Tract," and 0.361 acres off369
the 1.715 acres tract known as the "Second Tract," in a deed made370
to Grantors herein, by Johnson and Duis Inc., dated July 1, 1938,371
and recorded in Deed Book 236, Page 291 of Scioto County Record of372
Deeds.373

Together with an easement as means of ingress and egress to said374
premises from the first alley east of High Street in said city375
over the following described premises, to-wit:376

Beginning at a point in the east property line of the first alley377
east of High Street, said point bearing North 5 deg., 30 min. East378
450 feet North of the intersection of the east property line of379
the first alley east of High Street, with the north property line380
of 17th Street; thence in an eastwardly direction with a line381
bearing South 85 deg., 17 min. East, 50 feet to a point; said382
point being also the northwest corner of a tract herein conveyed383
to the City of Portsmouth, Ohio, for Armory Purposes; thence in a384
southwardly direction with the west line of said tract and385
parallel to the east property line of the first alley easy of High386
Street; South 5 deg., 30 min. West, 30 feet to a point; thence in387
a westwardly direction with a line bearing North 85 deg., 17 min.388
West, 50 feet to a point in the east property line of aforesaid389
alley; thence in a northwardly direction with the east line of the390
aforesaid alley North 5 deg., 30 min. east, 30 feet to the point391
of beginning containing 0.0344 acres more or less."392

       (C) The Adjutant General's Department had the real estate393
described in division (B) of this section appraised, and the394
appraised value was determined to be $235,000.00. The Adjutant395
General offered the real estate for sale as follows:396

       (1) To the City of Portsmouth at the appraised value. This397
offer was declined.398

       (2) To the Board of County Commissioners of Scioto County at399
the appraised value. This offer was declined.400

       (3) A public auction was then held on August 29, 2001, at401
which time came Mr. Ted Hartley, President of C-FORCE, Inc., who402
bid $170,000.00 and who was declared to be the highest bidder.403
C-FORCE, Inc. deposited ten per cent of the purchase price by404
certified check on the date of the action, and the balance will be405
paid following legislative correction of the legal description.406

       (D) The grantee shall pay the costs of the conveyance of the407
real estate described in division (B) of this section.408

       (E) The net proceeds of the conveyance of the real estate409
described in division (B) of this section shall be deposited in410
the state treasury to the credit of the Armory Improvements Fund411
pursuant to section 5911.10 of the Revised Code.412

       (F) Upon payment of the purchase price, the Auditor of State,413
with the assistance of the Attorney General, shall prepare a deed414
to the real estate described in division (B) of this section. The415
deed shall state the consideration. The deed shall be executed by416
the Governor, countersigned by the Secretary of State, sealed with417
the Great Seal of the State, presented to the Office of the418
Auditor of State for recording, and delivered to C-FORCE, Inc.,419
which shall present the deed for recording in the Office of the420
Scioto County Recorder.421

       (G) This section shall expire five years after its effective422
date.423

       Section 5. (A) The Governor or the Governor's designee is424
hereby authorized to execute and deliver bills of sale and other425
instruments of conveyance in the name of the state providing for426
the conveyance and transfer of ownership to the Board of County427
Commissioners of Logan County, and its successors and assigns, of428
all right, title, and interest of the State of Ohio and its429
agencies, institutions, and instrumentalities to all of the430
personal property owned by the State of Ohio, including, without431
limitation, all machinery, equipment, furniture, fixtures, sewer432
lines and apparatus, tangibles and intangibles, and contract433
rights, if any, located at or used in connection with the Flat434
Branch Sewage Treatment Plant.435

       (B) The Governor or the Governor's designee is hereby436
authorized on behalf of the State of Ohio and its agencies,437
institutions, and instrumentalities to enter into such further438
agreements and take such actions, by self or by or through439
appropriate state agencies, institutions, or instrumentalities, as440
may be required or appropriate to carry out the conveyances and441
transfers provided for in division (A) of this section.442

       (C) Consideration for the conveyance and transfer of the443
personal property described in division (A) of this section is the444
mutual benefit accruing to the State of Ohio and to Logan County445
by having the Board of County Commissioners of Logan County446
operate the Flat Branch Sewage Treatment Plant, which enables the447
extension of sewer services to additional residents and businesses448
of Logan County.449

       (D) The Board of County Commissioners of Logan County shall450
pay the costs of the conveyance and transfers of the personal451
property described in division (A) of this section.452

       (E) This section expires one year after its effective date.453

       Section 6. This act is hereby declared to be an emergency454
measure necessary for the immediate preservation of the public455
peace, health, and safety. The reasons for such necessity are that456
immediate action is necessary to enable the Jackson City Board of457
Education to begin construction on an urgently needed new school458
building, to enable Delaware County to begin construction on an459
urgently needed bridge, and to correct a legal description in a460
previous conveyance of real property that the Adjutant General461
determined was no longer needed for armory or military purposes.462
Therefore, this act shall go into immediate effect.463