As Passed by the House

124th General Assembly
Regular Session
2001-2002
Am. Sub. S. B. No. 219


SENATORS Oelslager, Roberts

REPRESENTATIVES Schuring, Webster, Schmidt, Coates, Schneider, Ogg, Rhine, Hagan



A BILL
To authorize the conveyance of state-owned real estate1
located in the counties of Athens, Preble, Stark,2
and Summit, and no longer needed by the State3
Highway Patrol; to authorize the conveyance of4
state-owned real estate in Scioto County by Shawnee5
State University; and to declare an emergency.6


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

       Section 1.  (A) The Governor is hereby authorized to execute7
a deed in the name of the state conveying to the purchaser, and8
the purchaser's successors and assigns or heirs and assigns, all9
of the state's right, title, and interest in the following10
described real estate:11

       Situated in the City of Athens, County of Athens, and State12
of Ohio, to-wit:13

       Being the south half of Lot No. 1411 in Earich's Subdivision14
of Out Lots Nos. 153 and 154 in the City of Athens, Ohio, as15
recorded in Plat Book 4, Page 48 and being more particularly16
described as follows:17

       Beginning at the southwesterly corner of said Lot No. 141118
and the southeasterly corner of Lot No. 1410 where an iron pin19
bears N 7°20' E a distance of two (2) feet; thence N 7°20' E a20
distance of forty (40) feet to a concrete monument; thence S21
82°40' E a distance of ninety-four and nine tenths (94.9) feet to22
a concrete monument; thence along the west side of North Lancaster23
Street two (2) courses S 21°42'14" E a distance of thirty-two and24
fourteen hundredths (32.14) feet to an iron pin and S 7°20' W a25
distance of eleven and nine tenths (11.9) feet to an iron pin;26
thence N 82°40' W a distance of one hundred ten and five tenths27
(110.5) feet and passing an iron pin at fifty-eight and five28
tenths (58.5) feet to the place of beginning. Containing 0.09629
acre, more or less. A survey of this property was made by the30
Ohio Department of Transportation, District Ten, June 21, 1973,31
William D. Lacey, P.S. No. 5116.32

       REF: Vol. 180, Page 233; Vol. 179, Page 192, Athens County33
Deed Records.34

       (B) The Superintendent of the State Highway Patrol shall35
have the real estate described in division (A) of this section36
appraised by two disinterested persons.37

       (C) Consideration for the conveyance of the real estate38
described in division (A) of this section shall be the purchase39
price acceptable to the Superintendent of the State Highway40
Patrol.41

       (D) The purchaser shall pay the costs of the conveyance.42

       (E) At the request of the Superintendent of the State Highway43
Patrol, the Auditor of State, with the assistance of the Attorney44
General, shall prepare a deed to the real estate described in45
division (A) of this section. The deed shall state the46
consideration. The deed shall be executed by the Governor in the47
name of the state, countersigned by the Secretary of State, sealed48
with the Great Seal of the State, presented in the Office of the49
Auditor of State for recording, and delivered to the purchaser at50
closing. The purchaser shall present the deed for recording in51
the Office of the Athens County Recorder.52

       (F) The net proceeds of the sale of the real estate described53
in division (A) of this section shall be deposited in the state54
treasury to the credit of the State Highway Patrol's operating55
expense account in the State Highway Safety Fund Group (Fund 036).56

       Section 2. (A) The Governor is hereby authorized to execute57
a deed in the name of the state conveying to the purchaser, and58
purchaser's successors and assigns or heirs and assigns, all of59
the state's right, title, and interest in the following described60
real estate:61

       Being a part of Out Lots 182, 183 and 191, Section 10, T-9-N,62
R-14-W, Athens City, Athens Township, Athens County, Ohio, and63
being more particularly described as follows:64

       Beginning at an old pipe on the Southwest corner of Henry65
Boska Subdivision; thence N 81°51'41" W a distance of 410.43 feet66
along an old fence on the South line of Outlots 182 and 183 to a67
point in the State of Ohio right of way line; thence N 48°38'37" E68
a distance of 5.24 feet along said right of way line to a concrete69
monument; thence continuing along said right of way line the70
following three courses N 60°39'37" E a distance of 461.98 feet to71
a concrete monument, N 75°59'37" E a distance of 241.65 feet to a72
concrete monument and N 60°18'37" E a distance of 160.81 feet to a73
point in the Southerly line of the Lewis Coss property; thence74
along the said Coss line S 42°52'40" E a distance of 93.17 feet to75
a point in the West line of the Henry Boska Subdivision; thence76
along said West line S 50°45' W a distance of 565.5 feet to the77
place of beginning and passing iron pipes at 417.85 feet and78
557.85 feet.79

       Containing 3.068 acres more or less. There being 0.693 acres80
in Outlot 182, 0.814 acres in Outlot 183, 1.291 acres in Outlot81
191 and 0.270 acres in the abandoned portion of Congress Street.82

       A survey of this parcel was made by William D. Lacey, No.83
5116.84

       (B) The Superintendent of the State Highway Patrol shall85
have the real estate described in division (A) of this section86
appraised by two disinterested persons.87

       (C) Consideration for the conveyance of the real estate88
described in division (A) of this section shall be the purchase89
price acceptable to the Superintendent of the State Highway90
Patrol.91

       (D) The purchaser shall pay the costs of the conveyance.92

       (E) At the request of the Superintendent of the State Highway93
Patrol, the Auditor of State, with the assistance of the Attorney94
General, shall prepare a deed to the real estate described in95
division (A) of this section. The deed shall state the96
consideration. The deed shall be executed by the Governor in the97
name of the state, countersigned by the Secretary of State, sealed98
with the Great Seal of the State, presented in the Office of the99
Auditor of State for recording, and delivered to the purchaser at100
closing. The purchaser shall present the deed for recording in101
the Office of the Athens County Recorder.102

       (F) The net proceeds of the sale of the real estate described103
in division (A) of this section shall be deposited in the state104
treasury to the credit of the State Highway Patrol's operating105
expense account in the State Highway Safety Fund Group (Fund 036).106

       Section 3. (A) The Governor is hereby authorized to execute107
a deed in the name of the state conveying to the purchaser, and108
purchaser's successors and assigns or heirs and assigns, all of109
the state's right, title, and interest in the following described110
real estate:111

       Situated in the County of Summit, in the State of Ohio, and112
in the Township of Northampton and bounded and described as113
follows:114

       Beginning at the southeast corner of Lot 23 at a point of115
intersection of the centerline of State Route 8 and the centerline116
of County Road No. 100, which point is also the southeast corner117
of the E. J. Sapp property. Thence N. 2 degrees 47'-30" east,118
along the east line of Lot 23, a distance of 1227.67' to a hinge119
nail in the brick pavement at the true place of beginning for the120
tract herein described.121

       Thence N. 87 degrees 12'-30" West, passing over an iron pin122
set at 34.1' in the west line of Route 8, a distance of 230' to an123
iron pin; thence north 2 degrees 47'-30" east, a distance of 200124
feet to an iron pin; thence south 87 degrees 12'-30' east, passing125
over an iron pin set at 200 feet in the west right of way line of126
State Route 8, a distance of 230 feet to a point in the east line127
of Lot 23, thence south 2 degrees 47'-30' west along said Lot128
line, a distance of 200 feet, to the point of beginning and129
containing 1.06 acres, more or less.130

       Last instrument of record upon which Grantors rely for title131
is an Affidavit for Transfer from Cyrus L. Norton to Mary Ruth132
Sapp, recorded Vol. 860, Page 26 and a Deed of Ruth Mary Sapp to133
Elmer J. Sapp, Trustee, of record in Vol. 1605, Page 83 of the134
Deed Records of Summit County, Ohio.135

       (B) The Superintendent of the State Highway Patrol shall136
have the real estate described in division (A) of this section137
appraised by two disinterested persons.138

       (C) Consideration for the conveyance of the real estate139
described in division (A) of this section shall be the purchase140
price acceptable to the Superintendent of the State Highway141
Patrol.142

       (D) The purchaser shall pay the costs of the conveyance.143

       (E) At the request of the Superintendent of the State Highway144
Patrol, the Auditor of State, with the assistance of the Attorney145
General, shall prepare a deed to the real estate described in146
division (A) of this section. The deed shall state the147
consideration. The deed shall be executed by the Governor in the148
name of the state, countersigned by the Secretary of State, sealed149
with the Great Seal of the State, presented in the Office of the150
Auditor of State for recording, and delivered to the purchaser at151
closing. The purchaser shall present the deed for recording in152
the Office of the Summit County Recorder.153

       (F) The net proceeds of the sale of the real estate described154
in division (A) of this section shall be deposited in the state155
treasury to the credit of the State Highway Patrol's operating156
expense account in the State Highway Safety Fund Group (Fund 036).157

       Section 4. (A) The Governor is hereby authorized to execute158
a deed in the name of the state conveying to the purchaser, and159
the purchaser's successors and assigns or heirs and assigns, all160
of the state's right, title, and interest in the following161
described real estate:162

       Situated in the southwest corner of Section 26, Town 9-N.,163
Range 2-E, Monroe Township, Preble County, Ohio.164

       And being more particularly described as follows:165

       Beginning at the intersection of the south line of Section 26166
and the center line of State Route No. U.S. 127, said point of167
intersection being South 89°-16'-23" east, along the south line of168
Section 26, a distance of 1099.09 feet from a stone at the169
southwest corner of Section 26; thence from the said point of170
beginning, south 89°-16'-23" east, along the south line of Section171
26, a distance of 530.00 feet; thence north 5°-05'-37" east a172
distance of 10.03 feet; thence north 89°-16'-23" west a distance173
of 288.32 feet; thence north 3°-13'-37" east a distance of 180.99174
feet; thence north 89°-16'-23" west a distance of 242.00 feet to175
the center line of State Route No. U.S. 127; thence south176
3°-13'-37" west, along the center line of State Route No. U.S.177
127, a distance of 191.00 feet to the place of beginning and178
containing 1.127 acres, more or less, of which the present Highway179
127 easement occupies .133 acres, more or less.180

       Prior deed reference, Vol. 189, page 79, Preble County, Ohio,181
Deed Records.182

       A survey of this property made by State of Ohio Department of183
Highways.184

       (B) The Superintendent of the State Highway Patrol shall185
have the real estate described in division (A) of this section186
appraised by two disinterested persons.187

       (C) Consideration for the conveyance of the real estate188
described in division (A) of this section shall be the purchase189
price acceptable to the Superintendent of the State Highway190
Patrol.191

       (D) The purchaser shall pay the costs of the conveyance.192

       (E) At the request of the Superintendent of the State Highway193
Patrol, the Auditor of State, with the assistance of the Attorney194
General, shall prepare a deed to the real estate described in195
division (A) of this section. The deed shall state the196
consideration. The deed shall be executed by the Governor in the197
name of the state, countersigned by the Secretary of State, sealed198
with the Great Seal of the State, presented in the Office of the199
Auditor of State for recording, and delivered to the purchaser at200
closing. The purchaser shall present the deed for recording in201
the Office of the Preble County Recorder.202

       (F) The net proceeds of the sale of the real estate described203
in division (A) of this section shall be deposited in the state204
treasury to the credit of the State Highway Patrol's operating205
expense account in the State Highway Safety Fund Group (Fund 036).206

       Section 5. (A) The Governor is hereby authorized to execute207
a deed in the name of the state conveying to the purchaser, and208
the purchaser's successors and assigns or heirs and assigns, all209
of the state's right, title, and interest in the following210
described real estate:211

       Parcel 11WD212

       Grantor - State of Ohio, Department of Public Safety,213
Division of State Highway Patrol214

       Situated in the Township of Jackson, County of Stark and215
State of Ohio and being a part of the northwest Quarter of Section216
1, T11N, R9W and being more fully described as follows:217

       Beginning at a monument found at the southwest corner of the218
northwest Quarter of Section 1 said point being 11.52 feet left of219
station 9+99.16 on the centerline of relocated Frank Avenue and220
the true place of beginning of the parcel herein described;221

       Thence, North 1°25'12" East on Grantor's westerly property222
line and the Quarter Section line a distance of 661.66 feet to a223
point;224

       Thence, South 88°34'48" East on Grantor's northerly property225
line a distance of 177.32 feet to a point;226

       Thence, South 13°54'45" West on the proposed right-of-way227
line of relocated Frank Avenue a distance of 453.23 feet to a228
point;229

       Thence, Southwesterly on the proposed right-of-way line of230
relocated Frank Avenue along the arc of a curve to the left with a231
radius of 1879.86 feet, a central angle of 3°40'16", a tangent of232
60.24 feet and whose chord bears south 9°45'08" West 120.43 feet,233
an arc distance of 120.45 feet to a point on Grantor's southerly234
property line and the Quarter Section line;235

       Thence North 88°24'30" West on Grantor's southerly property236
line and the Quarter Section line a distance of 41.76 feet to the237
true place of beginning containing 69,608 square feet (1.598238
acres) including 19,850 square feet (0.456 acres) in the present239
road.240

       The above described area is a part of Auditor's Parcel No.241
1621611.242

       The bearings used in this description are based on the Ohio243
State Plan Coordinate Grid System, North Zone, NAD 83.244

       Grantor claims title by instrument recorded in Official245
Record Imaging No. 2000017728 of the Stark County Record.246

       This description is based on a survey made by URS Corporation247
in April, 2000 under the direction and supervision of Richard E.248
Rockich, Registered Surveyor No. 5680.249

       Parcel 11CH250

       Grantor - State of Ohio, Department of Public Safety,251
Division of State Highway Patrol252

       Situated in the Township of Jackson, County of Stark and253
State of Ohio and being a part of the northwest Quarter of Section254
1, T11N, R9W and being more fully described as follows:255

       Beginning at a monument found at the southwest corner of the256
northwest Quarter of Section 1;257

       Thence, South 88°24'30" East on the Quarter Section line a258
distance of 41.76 feet to a point on the proposed right-of-way259
line of relocated Frank Avenue said point being 30.00 feet right260
of Station 10+03.74 on the centerline of relocated Frank Avenue261
and the true place of beginning of the parcel herein described;262

       Thence, Northeasterly on the proposed right-of-way line of263
relocated Frank Avenue along the arc of a curve to the right with264
a radius of 1879.86 feet, a central angle of 3°40'14", a tangent265
of 60.24 feet and whose chord bears North 9°45'08" East 120.41266
feet, an arc distance of 120.43 feet to a point;267

       Thence, Northeasterly on the proposed right-of-way line of268
relocated Frank Avenue along the arc of a curve to the right with269
a radius of 2516.75 feet, a central angle of 2°19'30", a tangent270
of 51.07 feet and whose chord bears North 12°45'00" East 102.12271
feet, an arc distance of 102.13 feet to a point;272

       Thence, North 13°54'45" East on the proposed right-of-way273
line of relocated Frank Avenue a distance of 453.23 feet to a274
point on Grantor's northerly property line;275

       Thence, South 88°34'48" East on Grantor's northerly property276
line a distance of 10.24 feet to a point;277

       Thence, South 13°54'45" West a distance of 455.44 feet to a278
point;279

       Thence, Southwesterly along the arc of a curve to the left280
with a radius of 2506.75 feet, a central angle of 2°19'30", a281
tangent of 50.87 feet and whose chord bears South 12°45'00" West282
101.71 feet, an arc distance of 101.72 feet to a point;283

       Thence, Southwesterly along the arc of a curve to the left284
with a radius of 2506.75 feet, a central angle of 3°35'05", a285
tangent of 59.34 feet to a point on Grantor's southerly property286
line and the Quarter Section line;287

       Thence, North 88°24'30" West on Grantor's southerly property288
and the Quarter Section line a distance of 10.06 feet to the true289
place of beginning containing 6,758 square feet (0.155 acres).290

       The above described area is a part of Auditor's Parcel No.291
1621611.292

       The bearings used in this description are based on the Ohio293
State Plan Coordinate Grid System, North Zone, NAD 83.294

       Grantor claims by title instrument recorded in Official295
Record Imaging No. 2000017728 of the Stark County Records.296

       This description is based on a survey made by URS Corporation297
in April, 2000 under the direction and supervision of Richard E.298
Rockich, Registered Surveyor No. 5680.299

       Parcel 11SL300

       Grantor - State of Ohio, Department of Public Safety,301
Division of State Highway Patrol302

       Situated in the Township of Jackson, County of Stark and303
State of Ohio and being a part of the northwest Quarter of Section304
1, T11N, R9W and being more fully described as follows:305

       Beginning at a monument found at the southwest corner of the306
northwest Quarter of Section 1;307

       Thence, South 88°24'30" East on the Quarter Section line a308
distance of 51.82 feet to a point said point being 40.00 feet309
right of Station 10+04.87 on the centerline of relocated Frank310
Avenue and the true place of beginning of the parcel herein311
described;312

       Thence, Northeasterly along the arc of a curve to the right313
with a radius of 1869.86 feet, a central angle of 3°35'05", a314
tangent of 59.36 feet and whose chord bears North 9°46'09" East315
118.66 feet, an arc distance of 118.68 feet to a point;316

       Thence, Northeasterly along the arc of a curve to the right317
with a radius of 2506.75 feet, a central angle of 2°19'30", a318
tangent of 50.87 feet and whose chord bears North 12°45'00" East319
101.71 feet, an arc distance of 101.72 feet to a point;320

       Thence, North 13°54'45" East a distance of 307.57 feet to a321
point;322

       Thence South 2°36'09" West a distance of 305.94 feet to a323
point;324

       Thence, South 13°44'26" West a distance of 100.00 feet to a325
point;326

       Thence, South 22°01'35" West a distance of 187.42 feet to a327
point on Grantor's southerly property line and the Quarter Section328
line;329

       Thence, North 88°24'30" West on Grantor's southerly property330
line and the Quarter Section line a distance of 23.76 feet to the331
true place of beginning containing 23.114 square feet (0.531332
acres).333

       The above described area is a part of Auditor's Parcel No.334
1621611.335

       The bearings used in this description are based on the Ohio336
State Plan Coordinate Grid System, North Zone, NAD 83.337

       Grantor claims title by instrument recorded in Official338
Record Imaging No. 2000017728 of the Stark County Records.339

       This description is based on a survey made by URS Corporation340
in April, 2000 under the direction and supervision of Richard E.341
Rockich, Registered Surveyor No. 5680.342

       Parcel 11T343

       Grantor - State of Ohio, Department of Public Safety,344
Division of State Highway Patrol345

       Situated in the Township of Jackson, County of Stark and346
State of Ohio and being a part of the northwest Quarter of Section347
1, T11N, R9W and being more fully described as follows:348

       Beginning at a monument found at the southwest corner of the349
northwest Quarter of Section 1;350

       Thence, North 1°25'12" East on the Quarter Section line a351
distance of 661.64 feet to Grantor's northwesterly property352
corner;353

       Thence, South 88°34'48" East on Grantor's northerly property354
line a distance of 187.56 feet to a point said point being 40.00355
feet right of Station 16+84.87 on the centerline of relocated356
Frank Avenue and the true place of beginning of the parcel herein357
described;358

       Thence, South 88°34'48" East on Grantor's northerly property359
line a distance of 10.24 feet to a point;360

       Thence, South 2°38'03" West a distance of 51.13 feet to a361
point;362

       Thence, South 42°20'29" West a distance of 42.01 feet to a363
point;364

       Thence, North 13°54'45" East a distance of 84.87 feet to the365
true place of beginning containing 1,100 square feet (0.026366
acres).367

       The above described area is a part of Auditor's Parcel No.368
1621611.369

       The bearings used in this description are based on the Ohio370
State Plan Coordinate Grid System, North Zone, NAD 83.371

       Grantor claims title by instrument recorded in Official372
Record Imaging No. 2000017728 of the Stark County Records.373

       This description is based on a survey made by URS Corporation374
in April, 2000 under the direction and supervision of Richard E.375
Rockich, Registered Surveyor No. 5680.376

       (B) The Superintendent of the State Highway Patrol shall377
have the real estate described in division (A) of this section378
appraised by two disinterested persons.379

       (C) Consideration for the conveyance of the real estate380
described in division (A) of this section shall be the purchase381
price acceptable to the Superintendent of the State Highway382
Patrol.383

       (D) The purchaser shall pay the costs of the conveyance.384

       (E) At the request of the Superintendent of the State Highway385
Patrol, the Auditor of State, with the assistance of the Attorney386
General, shall prepare a deed to the real estate described in387
division (A) of this section. The deed shall state the388
consideration. The deed shall be executed by the Governor in the389
name of the state, countersigned by the Secretary of State, sealed390
with the Great Seal of the State, presented in the Office of the391
Auditor of State for recording, and delivered to the purchaser at392
closing. The purchaser shall present the deed for recording in393
the Office of the Stark County Recorder.394

       (F) The net proceeds of the sale of the real estate described395
in division (A) of this section shall be deposited in the state396
treasury to the credit of the State Highway Patrol's operating397
expense account in the State Highway Safety Fund Group (Fund 036).398

       Section 6. (A) The Governor is hereby authorized to execute399
a deed in the name of the state conveying to the purchaser, and400
the purchaser's successors and assigns or heirs and assigns, all401
of the state's right, title, and interest in the following402
described real estate.403

       The subject is known as being the whole of Lot #83 and the404
north 10 feet of Lot #84 of the Timmonds Second Allotment Addition405
in the City of Portsmouth, Ohio, and generally known as 1828406
Franklin Avenue of said City, subject to the conditions and407
restrictions contained in a deed from Samuel B. Timmonds and408
Jessie Lynn Timmonds to Clinton M. Searl dated September 3, 1919,409
and recorded in Vol. 133, Page 4, Scioto County, Ohio, Record of410
Deeds, Auditor's Parcel No. 33-2353, and prior title: legal411
description is the same as that of record for the most recent412
conveyance as recorded in Volume 934, Page 121, Scioto County,413
Ohio, Record of Deeds.414

       (B) Consideration for the real estate described in division415
(A) of this section, which was purchased for $230,000 in 1999,416
shall be a purchase price acceptable to the Board of Trustees of417
Shawnee State University.418

       (C) If no acceptable offers are received by Shawnee State419
University by May 30, 2002, the real estate described in division420
(A) of this section then may be sold at public auction, that is421
advertised at least once a week for four consecutive weeks in a422
newspaper of general circulation within Scioto County, at a423
minimum price established by the Board of Trustees of Shawnee424
State University.425

       (D) Advertising costs, appraisal fees, survey costs, and426
other costs incurred in connection with the sale of the real427
estate described in division (A) of this section shall be paid by428
Shawnee State University.429

       (E) Upon the purchaser's payment of at least ten per cent of430
the purchase price for the real estate described in division (A)431
of this section, the Auditor of State, with the assistance of the432
Attorney General, shall prepare a deed to the real estate. The433
deed shall state the consideration. The deed shall be executed by434
the Governor in the name of the state, countersigned by the435
Secretary of State, sealed with the Great Seal of the State,436
presented in the Office of the Auditor of State for recording,437
and, upon payment by the purchaser of the balance of the purchase438
price, delivered to the purchaser. The purchaser shall present439
the deed for recording in the Office of the Scioto County440
Recorder.441

       (F) The net proceeds of the sale of the real estate442
described in division (A) of this section shall be paid to Shawnee443
State University.444

       Section 7. (A) Sections 1, 2, 3, 4, and 5 of this act shall445
expire three years after their effective date.446

       (B) Section 6 of this act shall expire one year after its447
effective date.448

       Section 8. This act is hereby declared to be an emergency449
measure necessary for the immediate preservation of the public450
peace, health, and safety. The reason for such necessity is that451
immediate action is necessary to ensure the continued preservation452
of the real estate specified in Sections 1, 2, 3, 4, and 5 of this453
act. Therefore, this act shall go into immediate effect.454