As Reported by the Senate Judiciary--Civil Justice Committee

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


SENATOR Oelslager



A BILL
To authorize the conveyance of state-owned real estate1
located in the counties of Athens, Montgomery,2
Preble, Stark, and Summit, and no longer needed by3
the State Highway Patrol, and to declare an4
emergency.5


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

       Section 1.  (A) The Governor is hereby authorized to execute6
a deed in the name of the state conveying to the purchaser, and7
the purchaser's successors and assigns or heirs and assigns, all8
of the state's right, title, and interest in the following9
described real estate:10

       Situated in the City of Athens, County of Athens, and State11
of Ohio, to-wit:12

       Being the south half of Lot No. 1411 in Earich's Subdivision13
of Out Lots Nos. 153 and 154 in the City of Athens, Ohio, as14
recorded in Plat Book 4, Page 48 and being more particularly15
described as follows:16

       Beginning at the southwesterly corner of said Lot No. 141117
and the southeasterly corner of Lot No. 1410 where an iron pin18
bears N 7°20' E a distance of two (2) feet; thence N 7°20' E a19
distance of forty (40) feet to a concrete monument; thence S20
82°40' E a distance of ninety-four and nine tenths (94.9) feet to21
a concrete monument; thence along the west side of North Lancaster22
Street two (2) courses S 21°42'14" E a distance of thirty-two and23
fourteen hundredths (32.14) feet to an iron pin and S 7°20' W a24
distance of eleven and nine tenths (11.9) feet to an iron pin;25
thence N 82°40' W a distance of one hundred ten and five tenths26
(110.5) feet and passing an iron pin at fifty-eight and five27
tenths (58.5) feet to the place of beginning. Containing 0.09628
acre, more or less. A survey of this property was made by the29
Ohio Department of Transportation, District Ten, June 21, 1973,30
William D. Lacey, P.S. No. 5116.31

       REF: Vol. 180, Page 233; Vol. 179, Page 192, Athens County32
Deed Records.33

       (B) The Superintendent of the State Highway Patrol shall34
have the real estate described in division (A) of this section35
appraised by two disinterested persons.36

       (C) Consideration for the conveyance of the real estate37
described in division (A) of this section shall be the purchase38
price acceptable to the Superintendent of the State Highway39
Patrol.40

       (D) The purchaser shall pay the costs of the conveyance.41

       (E) At the request of the Superintendent of the State Highway42
Patrol, the Auditor of State, with the assistance of the Attorney43
General, shall prepare a deed to the real estate described in44
division (A) of this section. The deed shall state the45
consideration. The deed shall be executed by the Governor in the46
name of the state, countersigned by the Secretary of State, sealed47
with the Great Seal of the State, presented in the Office of the48
Auditor of State for recording, and delivered to the purchaser at49
closing. The purchaser shall present the deed for recording in50
the Office of the Athens County Recorder.51

       (F) The net proceeds of the sale of the real estate described52
in division (A) of this section shall be deposited in the state53
treasury to the credit of the State Highway Patrol's operating54
expense account in the State Highway Safety Fund Group (Fund 036).55

       Section 2. (A) The Governor is hereby authorized to execute56
a deed in the name of the state conveying to the purchaser, and57
purchaser's successors and assigns or heirs and assigns, all of58
the state's right, title, and interest in the following described59
real estate:60

       Being a part of Out Lots 182, 183 and 191, Section 10, T-9-N,61
R-14-W, Athens City, Athens Township, Athens County, Ohio, and62
being more particularly described as follows:63

       Beginning at an old pipe on the Southwest corner of Henry64
Boska Subdivision; thence N 81°51'41" W a distance of 410.43 feet65
along an old fence on the South line of Outlots 182 and 183 to a66
point in the State of Ohio right of way line; thence N 48�37" E67
a distance of 5.24 feet along said right of way line to a concrete68
monument; thence continuing along said right of way line the69
following three courses N 60�37" E a distance of 461.98 feet to70
a concrete monument, N 75�37" E a distance of 241.65 feet to a71
concrete monument and N 60�37" E a distance of 160.81 feet to a72
point in the Southerly line of the Lewis Coss property; thence73
along the said Coss line S 42�40" E a distance of 93.17 feet to74
a point in the West line of the Henry Boska Subdivision; thence75
along said West line S 50� W a distance of 565.5 feet to the76
place of beginning and passing iron pipes at 417.85 feet and77
557.85 feet.78

       Containing 3.068 acres more or less. There being 0.693 acres79
in Outlot 182, 0.814 acres in Outlot 183, 1.291 acres in Outlot80
191 and 0.270 acres in the abandoned portion of Congress Street.81

       A survey of this parcel was made by William D. Lacey, No.82
5116.83

       (B) The Superintendent of the State Highway Patrol shall84
have the real estate described in division (A) of this section85
appraised by two disinterested persons.86

       (C) Consideration for the conveyance of the real estate87
described in division (A) of this section shall be the purchase88
price acceptable to the Superintendent of the State Highway89
Patrol.90

       (D) The purchaser shall pay the costs of the conveyance.91

       (E) At the request of the Superintendent of the State Highway92
Patrol, the Auditor of State, with the assistance of the Attorney93
General, shall prepare a deed to the real estate described in94
division (A) of this section. The deed shall state the95
consideration. The deed shall be executed by the Governor in the96
name of the state, countersigned by the Secretary of State, sealed97
with the Great Seal of the State, presented in the Office of the98
Auditor of State for recording, and delivered to the purchaser at99
closing. The purchaser shall present the deed for recording in100
the Office of the Athens County Recorder.101

       (F) The net proceeds of the sale of the real estate described102
in division (A) of this section shall be deposited in the state103
treasury to the credit of the State Highway Patrol's operating104
expense account in the State Highway Safety Fund Group (Fund 036).105

       Section 3. (A) The Governor is hereby authorized to execute106
a deed in the name of the state conveying to the purchaser, and107
purchaser's successors and assigns or heirs and assigns, all of108
the state's right, title, and interest in the following described109
real estate:110

       Situated in the County of Summit, in the State of Ohio, and111
in the Township of Northampton and bounded and described as112
follows:113

       Beginning at the southeast corner of Lot 23 at a point of114
intersection of the centerline of State Route 8 and the centerline115
of County Road No. 100, which point is also the southeast corner116
of the E. J. Sapp property. Thence N. 2 degrees 47'-30" east,117
along the east line of Lot 23, a distance of 1227.67' to a hinge118
nail in the brick pavement at the true place of beginning for the119
tract herein described.120

       Thence N. 87 degrees 12'-30" West, passing over an iron pin121
set at 34.1' in the west line of Route 8, a distance of 230' to an122
iron pin; thence north 2 degrees 47'-30" east, a distance of 200123
feet to an iron pin; thence south 87 degrees 12'-30' east, passing124
over an iron pin set at 200 feet in the west right of way line of125
State Route 8, a distance of 230 feet to a point in the east line126
of Lot 23, thence south 2 degrees 47'-30' west along said Lot127
line, a distance of 200 feet, to the point of beginning and128
containing 1.06 acres, more or less.129

       Last instrument of record upon which Grantors rely for title130
is an Affidavit for Transfer from Cyrus L. Norton to Mary Ruth131
Sapp, recorded Vol. 860, Page 26 and a Deed of Ruth Mary Sapp to132
Elmer J. Sapp, Trustee, of record in Vol. 1605, Page 83 of the133
Deed Records of Summit County, Ohio.134

       (B) The Superintendent of the State Highway Patrol shall135
have the real estate described in division (A) of this section136
appraised by two disinterested persons.137

       (C) Consideration for the conveyance of the real estate138
described in division (A) of this section shall be the purchase139
price acceptable to the Superintendent of the State Highway140
Patrol.141

       (D) The purchaser shall pay the costs of the conveyance.142

       (E) At the request of the Superintendent of the State Highway143
Patrol, the Auditor of State, with the assistance of the Attorney144
General, shall prepare a deed to the real estate described in145
division (A) of this section. The deed shall state the146
consideration. The deed shall be executed by the Governor in the147
name of the state, countersigned by the Secretary of State, sealed148
with the Great Seal of the State, presented in the Office of the149
Auditor of State for recording, and delivered to the purchaser at150
closing. The purchaser shall present the deed for recording in151
the Office of the Summit County Recorder.152

       (F) The net proceeds of the sale of the real estate described153
in division (A) of this section shall be deposited in the state154
treasury to the credit of the State Highway Patrol's operating155
expense account in the State Highway Safety Fund Group (Fund 036).156

       Section 4.  (A) The Governor is hereby authorized to execute157
a deed in the name of the state conveying to the purchaser, and158
purchaser's successors and assigns or heirs and assigns, all of159
the state's right, title, and interest in the following described160
real estate:161

       Situate in the Township of Harrison, County of Montgomery and162
State of Ohio, and being a part of the 31.08 acre tract in the163
northeast quarter of Section 3, Town 2, Range 6 East, described in164
the deed from Henrietta Schoettlendrier to Sophia Hahn, dated165
March 14, 1903, and recorded in Deed Book 253, page 151,166
Montgomery County records, bounded and described as follows:167
Beginning at a point in the north line of said Section 3 and168
eleven and 0/10 (11.0) feet east of the northwest corner of said169
northeast quarter, being also one hundred (100) feet measured at170
right angles east of the centerline of State Route 25; thence171
south 1� east with the east line of a .554 acre tract conveyed172
to the State of Ohio by deed dated June 17, 1941, and recorded in173
Deed Book 966, page 207, Montgomery County records, two hundred174
and forty-two (242) feet to an iron pin; thence north 88� east175
one hundred and eighty (180) feet to an iron pin; thence north176
1� west two hundred and forty-two (242) feet to an iron pin in177
the north line of said Section 3 and in the center of the Stop178
Light Road; thence with the north line of said Section 3, south179
88� west one hundred and eighty (180) feet to the place of180
beginning, containing one (1) acre;181

       (B) The Superintendent of the State Highway Patrol shall182
have the real estate described in division (A) of this section183
appraised by two disinterested persons.184

       (C) Consideration for the conveyance of the real estate185
described in division (A) of this section shall be the purchase186
price acceptable to the Superintendent of the State Highway187
Patrol.188

       (D) The purchaser shall pay the costs of the conveyance.189

       (E) At the request of the Superintendent of the State Highway190
Patrol, the Auditor of State, with the assistance of the Attorney191
General, shall prepare a deed to the real estate described in192
division (A) of this section. The deed shall state the193
consideration. The deed shall be executed by the Governor in the194
name of the state, countersigned by the Secretary of State, sealed195
with the Great Seal of the State, presented in the Office of the196
Auditor of State for recording, and delivered to the purchaser at197
closing. The purchaser shall present the deed for recording in198
the Office of the Montgomery County Recorder.199

       (F) The net proceeds of the sale of the real estate described200
in division (A) of this section shall be deposited in the state201
treasury to the credit of the State Highway Patrol's operating202
expense account in the State Highway Safety Fund Group (Fund 036).203

       Section 5. (A) The Governor is hereby authorized to execute204
a deed in the name of the state conveying to the purchaser, and205
the purchaser's successors and assigns or heirs and assigns, all206
of the state's right, title, and interest in the following207
described real estate:208

       Situated in the southwest corner of Section 26, Town 9-N.,209
Range 2-E, Monroe Township, Preble County, Ohio.210

       And being more particularly described as follows:211

       Beginning at the intersection of the south line of Section 26212
and the center line of State Route No. U.S. 127, said point of213
intersection being South 89�'-23" east, along the south line of214
Section 26, a distance of 1099.09 feet from a stone at the215
southwest corner of Section 26; thence from the said point of216
beginning, south 89�'-23" east, along the south line of Section217
26, a distance of 530.00 feet; thence north 5�'-37" east a218
distance of 10.03 feet; thence north 89�'-23" west a distance219
of 288.32 feet; thence north 3�'-37" east a distance of 180.99220
feet; thence north 89�'-23" west a distance of 242.00 feet to221
the center line of State Route No. U.S. 127; thence south222
3�'-37" west, along the center line of State Route No. U.S.223
127, a distance of 191.00 feet to the place of beginning and224
containing 1.127 acres, more or less, of which the present Highway225
127 easement occupies .133 acres, more or less.226

       Prior deed reference, Vol. 189, page 79, Preble County, Ohio,227
Deed Records.228

       A survey of this property made by State of Ohio Department of229
Highways.230

       (B) The Superintendent of the State Highway Patrol shall231
have the real estate described in division (A) of this section232
appraised by two disinterested persons.233

       (C) Consideration for the conveyance of the real estate234
described in division (A) of this section shall be the purchase235
price acceptable to the Superintendent of the State Highway236
Patrol.237

       (D) The purchaser shall pay the costs of the conveyance.238

       (E) At the request of the Superintendent of the State Highway239
Patrol, the Auditor of State, with the assistance of the Attorney240
General, shall prepare a deed to the real estate described in241
division (A) of this section. The deed shall state the242
consideration. The deed shall be executed by the Governor in the243
name of the state, countersigned by the Secretary of State, sealed244
with the Great Seal of the State, presented in the Office of the245
Auditor of State for recording, and delivered to the purchaser at246
closing. The purchaser shall present the deed for recording in247
the Office of the Preble County Recorder.248

       (F) The net proceeds of the sale of the real estate described249
in division (A) of this section shall be deposited in the state250
treasury to the credit of the State Highway Patrol's operating251
expense account in the State Highway Safety Fund Group (Fund 036).252

       Section 6. (A) The Governor is hereby authorized to execute253
a deed in the name of the state conveying to the purchaser, and254
the purchaser's successors and assigns or heirs and assigns, all255
of the state's right, title, and interest in the following256
described real estate:257

       Parcel 11WD258

       Grantor - State of Ohio, Department of Public Safety,259
Division of State Highway Patrol260

       Situated in the Township of Jackson, County of Stark and261
State of Ohio and being a part of the northwest Quarter of Section262
1, T11N, R9W and being more fully described as follows:263

       Beginning at a monument found at the southwest corner of the264
northwest Quarter of Section 1 said point being 11.52 feet left of265
station 9+99.16 on the centerline of relocated Frank Avenue and266
the true place of beginning of the parcel herein described;267

       Thence, North 1°25'12" East on Grantor's westerly property268
line and the Quarter Section line a distance of 661.66 feet to a269
point;270

       Thence, South 88°34'48" East on Grantor's northerly property271
line a distance of 177.32 feet to a point;272

       Thence, South 13°54'45" West on the proposed right-of-way273
line of relocated Frank Avenue a distance of 453.23 feet to a274
point;275

       Thence, Southwesterly on the proposed right-of-way line of276
relocated Frank Avenue along the arc of a curve to the left with a277
radius of 1879.86 feet, a central angle of 3°40'16", a tangent of278
60.24 feet and whose chord bears south 9°45'08" West 120.43 feet,279
an arc distance of 120.45 feet to a point on Grantor's southerly280
property line and the Quarter Section line;281

       Thence North 88°24'30" West on Grantor's southerly property282
line and the Quarter Section line a distance of 41.76 feet to the283
true place of beginning containing 69,608 square feet (1.598284
acres) including 19,850 square feet (0.456 acres) in the present285
road.286

       The above described area is a part of Auditor's Parcel No.287
1621611.288

       The bearings used in this description are based on the Ohio289
State Plan Coordinate Grid System, North Zone, NAD 83.290

       Grantor claims title by instrument recorded in Official291
Record Imaging No. 2000017728 of the Stark County Record.292

       This description is based on a survey made by URS Corporation293
in April, 2000 under the direction and supervision of Richard E.294
Rockich, Registered Surveyor No. 5680.295

       Parcel 11CH296

       Grantor - State of Ohio, Department of Public Safety,297
Division of State Highway Patrol298

       Situated in the Township of Jackson, County of Stark and299
State of Ohio and being a part of the northwest Quarter of Section300
1, T11N, R9W and being more fully described as follows:301

       Beginning at a monument found at the southwest corner of the302
northwest Quarter of Section 1;303

       Thence, South 88°24'30" East on the Quarter Section line a304
distance of 41.76 feet to a point on the proposed right-of-way305
line of relocated Frank Avenue said point being 30.00 feet right306
of Station 10+03.74 on the centerline of relocated Frank Avenue307
and the true place of beginning of the parcel herein described;308

       Thence, Northeasterly on the proposed right-of-way line of309
relocated Frank Avenue along the arc of a curve to the right with310
a radius of 1879.86 feet, a central angle of 3°40'14", a tangent311
of 60.24 feet and whose chord bears North 9°45'08" East 120.41312
feet, an arc distance of 120.43 feet to a point;313

       Thence, Northeasterly on the proposed right-of-way line of314
relocated Frank Avenue along the arc of a curve to the right with315
a radius of 2516.75 feet, a central angle of 2°19'30", a tangent316
of 51.07 feet and whose chord bears North 12°45'00" East 102.12317
feet, an arc distance of 102.13 feet to a point;318

       Thence, North 13°54'45" East on the proposed right-of-way319
line of relocated Frank Avenue a distance of 453.23 feet to a320
point on Grantor's northerly property line;321

       Thence, South 88°34'48" East on Grantor's northerly property322
line a distance of 10.24 feet to a point;323

       Thence, South 13°54'45" West a distance of 455.44 feet to a324
point;325

       Thence, Southwesterly along the arc of a curve to the left326
with a radius of 2506.75 feet, a central angle of 2°19'30", a327
tangent of 50.87 feet and whose chord bears South 12°45'00" West328
101.71 feet, an arc distance of 101.72 feet to a point;329

       Thence, Southwesterly along the arc of a curve to the left330
with a radius of 2506.75 feet, a central angle of 3°35'05", a331
tangent of 59.34 feet to a point on Grantor's southerly property332
line and the Quarter Section line;333

       Thence, North 88°24'30" West on Grantor's southerly property334
and the Quarter Section line a distance of 10.06 feet to the true335
place of beginning containing 6,758 square feet (0.155 acres).336

       The above described area is a part of Auditor's Parcel No.337
1621611.338

       The bearings used in this description are based on the Ohio339
State Plan Coordinate Grid System, North Zone, NAD 83.340

       Grantor claims by title instrument recorded in Official341
Record Imaging No. 2000017728 of the Stark County Records.342

       This description is based on a survey made by URS Corporation343
in April, 2000 under the direction and supervision of Richard E.344
Rockich, Registered Surveyor No. 5680.345

       Parcel 11SL346

       Grantor - State of Ohio, Department of Public Safety,347
Division of State Highway Patrol348

       Situated in the Township of Jackson, County of Stark and349
State of Ohio and being a part of the northwest Quarter of Section350
1, T11N, R9W and being more fully described as follows:351

       Beginning at a monument found at the southwest corner of the352
northwest Quarter of Section 1;353

       Thence, South 88°24'30" East on the Quarter Section line a354
distance of 51.82 feet to a point said point being 40.00 feet355
right of Station 10+04.87 on the centerline of relocated Frank356
Avenue and the true place of beginning of the parcel herein357
described;358

       Thence, Northeasterly along the arc of a curve to the right359
with a radius of 1869.86 feet, a central angle of 3°35'05", a360
tangent of 59.36 feet and whose chord bears North 9°46'09" East361
118.66 feet, an arc distance of 118.68 feet to a point;362

       Thence, Northeasterly along the arc of a curve to the right363
with a radius of 2506.75 feet, a central angle of 2°19'30", a364
tangent of 50.87 feet and whose chord bears North 12°45'00" East365
101.71 feet, an arc distance of 101.72 feet to a point;366

       Thence, North 13°54'45" East a distance of 307.57 feet to a367
point;368

       Thence South 2°36'09" West a distance of 305.94 feet to a369
point;370

       Thence, South 13°44'26" West a distance of 100.00 feet to a371
point;372

       Thence, South 22°01'35" West a distance of 187.42 feet to a373
point on Grantor's southerly property line and the Quarter Section374
line;375

       Thence, North 88°24'30" West on Grantor's southerly property376
line and the Quarter Section line a distance of 23.76 feet to the377
true place of beginning containing 23.114 square feet (0.531378
acres).379

       The above described area is a part of Auditor's Parcel No.380
1621611.381

       The bearings used in this description are based on the Ohio382
State Plan Coordinate Grid System, North Zone, NAD 83.383

       Grantor claims title by instrument recorded in Official384
Record Imaging No. 2000017728 of the Stark County Records.385

       This description is based on a survey made by URS Corporation386
in April, 2000 under the direction and supervision of Richard E.387
Rockich, Registered Surveyor No. 5680.388

       Parcel 11T389

       Grantor - State of Ohio, Department of Public Safety,390
Division of State Highway Patrol391

       Situated in the Township of Jackson, County of Stark and392
State of Ohio and being a part of the northwest Quarter of Section393
1, T11N, R9W and being more fully described as follows:394

       Beginning at a monument found at the southwest corner of the395
northwest Quarter of Section 1;396

       Thence, North 1°25'12" East on the Quarter Section line a397
distance of 661.64 feet to Grantor's northwesterly property398
corner;399

       Thence, South 88°34'48" East on Grantor's northerly property400
line a distance of 187.56 feet to a point said point being 40.00401
feet right of Station 16+84.87 on the centerline of relocated402
Frank Avenue and the true place of beginning of the parcel herein403
described;404

       Thence, South 88°34'48" East on Grantor's northerly property405
line a distance of 10.24 feet to a point;406

       Thence, South 2°38'03" West a distance of 51.13 feet to a407
point;408

       Thence, South 42°20'29" West a distance of 42.01 feet to a409
point;410

       Thence, North 13°54'45" East a distance of 84.87 feet to the411
true place of beginning containing 1,100 square feet (0.026412
acres).413

       The above described area is a part of Auditor's Parcel No.414
1621611.415

       The bearings used in this description are based on the Ohio416
State Plan Coordinate Grid System, North Zone, NAD 83.417

       Grantor claims title by instrument recorded in Official418
Record Imaging No. 2000017728 of the Stark County Records.419

       This description is based on a survey made by URS Corporation420
in April, 2000 under the direction and supervision of Richard E.421
Rockich, Registered Surveyor No. 5680.422

       (B) The Superintendent of the State Highway Patrol shall423
have the real estate described in division (A) of this section424
appraised by two disinterested persons.425

       (C) Consideration for the conveyance of the real estate426
described in division (A) of this section shall be the purchase427
price acceptable to the Superintendent of the State Highway428
Patrol.429

       (D) The purchaser shall pay the costs of the conveyance.430

       (E) At the request of the Superintendent of the State Highway431
Patrol, the Auditor of State, with the assistance of the Attorney432
General, shall prepare a deed to the real estate described in433
division (A) of this section. The deed shall state the434
consideration. The deed shall be executed by the Governor in the435
name of the state, countersigned by the Secretary of State, sealed436
with the Great Seal of the State, presented in the Office of the437
Auditor of State for recording, and delivered to the purchaser at438
closing. The purchaser shall present the deed for recording in439
the Office of the Stark County Recorder.440

       (F) The net proceeds of the sale of the real estate described441
in division (A) of this section shall be deposited in the state442
treasury to the credit of the State Highway Patrol's operating443
expense account in the State Highway Safety Fund Group (Fund 036).444

       Section 7. This act shall expire three years after its445
effective date.446

       Section 8. This act is hereby declared to be an emergency447
measure necessary for the immediate preservation of the public448
peace, health, and safety. The reason for such necessity is that449
immediate action is necessary to ensure the continued preservation450
of the real estate specified in this act. Therefore, this act451
shall go into immediate effect.452