As Reported by the Senate Finance and Financial Institutions Committee

125th General Assembly
Regular Session
2003-2004
Sub. H. B. No. 269


REPRESENTATIVES Raga, Daniels, Walcher, Domenick, McGregor, Wolpert, Cates, Flowers, Hollister, Latta, Perry, Schneider, J. Stewart, Willamowski

SENATORS Carey, Harris



A BILL
To authorize the conveyance of state-owned real 1
estate located in Warren County to the city of 2
Mason, the conveyance of state-owned real estate 3
located in Williams County to Filling Memorial 4
Home of Mercy, Inc., the conveyance of state-owned 5
real estate located in Williams County to the city 6
of Bryan, the conveyance of state-owned real 7
estate located in Delaware County to Delaware 8
County, and the conveyance of state-owned real 9
estate located in Pike County to the Western Local 10
School District.11


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

       Section 1. (A) The Governor is hereby authorized to execute a 12
deed in the name of the state, conveying to the city of Mason in 13
Warren County, and its successors and assigns, all of the state's 14
right, title, and interest in the following described real estate:15

       Parcel Number 1:16

       Situated in Section 5, Town 3, Range 2, City of Mason, Warren 17
County, Ohio and being a 22.929 acre parcel further described as 18
follows:19

       Begin at a found 1" iron pin on the southeast corner of lot 9 20
of Glenmeadow Subdivision, as recorded in Plat Book 26, page 42-43 21
of the Warren County Recorder's Office, said pin also on a 22
northerly line of Charlie and Bonnie Lawson, as recorded in 23
Official Record 437, page 355; thence, departing said Lawson, and 24
with said Glenmeadow, North 04°27'50" East, 1366.92 feet, to a 25
found 1" iron pin on a southerly line of Everybody's Farm, as 26
recorded in Official Record 1607, Page 525; thence, departing said 27
Glenmeadow, and with said Everybody's Farm, the following two 28
courses: North 78°16'54" East, 621.07 feet, to a set 5/8" iron 29
pin; thence, South 85°32'10" East, 220.00 feet, to a point being 30
referenced by a found 5/8" iron pin, North 04°56'30" West, 0.20 31
feet, said point being the true point of beginning:32

       thence from the true point of beginning thus found, 33
continuing with said Everybody's Farm, the following four courses: 34
South 40°47'57" East, 343.34 feet, to a point being referenced by 35
a found 5/8" iron pin, South 74°37'43" East, 0.28 feet;36

       thence South 11°18'42" West, 497.25 feet, to a point being 37
referenced by a found disturbed 5/8" iron pin, South 05°42'25" 38
West, 0.14 feet;39

       thence South 24°39'00" West, 280.00 feet, to a point being 40
referenced by a found 5/8" iron pin, North 68°34'00" East, 0.39 41
feet;42

       thence South 40°21'00" East, passing a point being referenced 43
by a found 5/8" iron pin, South 49°39'00" West, 0.11 feet, at 44
150.37 feet, and a point being referenced by a found 5/8" iron 45
pin, North 49°39'00" West, 0.25 feet at 159.82 feet, a total 46
distance of 200.00 feet, to the centerline of Reading Road;47

       thence departing said Everybody's Farm, and with said 48
centerline, South 49°39'00" West, 1071.83 feet;49

       thence departing said centerline, and with the new division 50
line, the following five courses: North 04°24'30" East, 402.77 51
feet, to a set 5/8" iron pin;52

       thence South 89°00'18" West, 265.86 feet, to a set 5/8" iron 53
pin;54

       thence North 04°27'50" East, 820.00 feet, to a set 5/8" iron 55
pin;56

       thence South 85°32'28" East, 598.58 feet, to a set 5/8" iron 57
pin;58

       thence North 20°17'34" East, 725.46 feet, to the true point 59
of beginning, containing 22.929 acres of land subject to all 60
easements and rights of way of record.61

       Parcel Number 2:62

       Situated in Section 5, Town 3, Range 2, City of Mason, Warren 63
County, Ohio and being a 11.000 acre parcel further described as 64
follows:65

       Begin at found 1" iron pin on the southeast corner of lot 9 66
of Glenmeadow Subdivision, as recorded in Plat Book 26, page 42-43 67
of the Warren County Recorder's Office, said pin also on a 68
northerly line of Charlie and Bonnie Lawson, as recorded in 69
Official Record 437, page 355, and the true point of beginning;70

       thence from the true point of beginning, departing said 71
Lawson, and continuing with said Glenmeadow, North 04°27'50" East, 72
passing a found 1/2" iron pin at 1205.44 feet, a total distance of 73
1366.92 feet, to a found 1" iron pin on the southerly line of 74
Everybody's Farm, as recorded in Official Record 1607, page 525;75

       thence departing said Glenmeadow Subdivision, and with said 76
Everybody's Farm, the following 2 courses:77

       thence North 78°16'54" East, 621.07 feet, to a set 5/8" iron 78
pin;79

       thence South 85°32'10" East, 220.00 feet, to a point being 80
referenced by a found 5/8" iron pin, North 04°56'30" West, 0.20 81
feet;82

       thence departing said Everybody's Farm, and with the new 83
division line, the following five courses: South 20°17'34" West, 84
725.46 feet, to a set 5/8" iron pin;85

       thence North 85°32'28" West, 598.58 feet, to a set 5/8" iron 86
pin;87

       thence South 04°27'50" West, 820.00 feet, to a set 5/8" iron 88
pin;89

       thence North 89°00'18" East, 265.86 feet, to a set 5/8" iron 90
pin;91

       thence South 04°24'30" West, 402.77 feet, to the centerline 92
of Reading Road;93

       thence departing said division line, and with said 94
centerline, South 49°39'00" West, 28.17 feet, to a point on a 95
westerly line of said Lawson;96

       thence departing said centerline, and with said Lawson, the 97
following two courses: North 04°24'30" East, passing a set 5/8" 98
iron pin at 70.40 feet, a total distance of 400.62 feet, to a 99
found stone;100

       thence South 89°00'18" West, 265.88 feet, to the true point 101
of beginning, containing 11.000 acres of land subject to all 102
easements and rights of way of record.103

       (B) Consideration for the conveyance of the real estate 104
described in division (A) of this section is the purchase price of 105
$105,000.00. Upon receipt, these moneys shall be deposited into 106
the state treasury to the credit of the Mental Health Facilities 107
Improvement Fund.108

       (C) The conveyance of the real estate described in division 109
(A) of this section as Parcel Number 1 is subject to the condition 110
that the city of Mason is not to use the parcel for any type of 111
residential or commercial facility. If the city of Mason uses the 112
parcel for any type of residential or commercial facility, all 113
right, title, and interest in the parcel shall revert to the state 114
without the need for any further action by the state.115

       Further, the conveyance of the real estate described in 116
division (A) of this section as Parcel Number 1 is subject to the 117
condition that the city of Mason is not to convey any or all of 118
the parcel to any non-state entity for a period of fifteen years 119
from the effective date of this act. If the city of Mason attempts 120
to convey any or all of the parcel contrary to this provision, all 121
right, title, and interest in the parcel shall immediately revert 122
to the state without the need for any further action by the state.123

       (D) The conveyance of the real estate described in division 124
(A) of this section as Parcel Number 2 is subject to the condition 125
that the city of Mason convey the parcel to the Board of County 126
Commissioners of Warren County on behalf of the Warren County 127
Board of Mental Retardation and Developmental Disabilities within 128
six months from the effective date of this act. If the city of 129
Mason does not convey the parcel to the Board of County 130
Commissioners of Warren County on behalf of the Warren County 131
Board of Mental Retardation and Developmental Disabilities within 132
that six-month period, all right, title, and interest in the 133
parcel shall revert to the state without the need for any further 134
action by the state.135

       Further, in the conveyance of the real estate described in 136
division (A) of this section as Parcel Number 2 to the Board of 137
County Commissioners of Warren County on behalf of the Warren 138
County Board of Mental Retardation and Developmental Disabilities, 139
the city of Mason shall include a condition that the parcel is not 140
to be used for any residential or commercial facilities. If the 141
city of Mason does not include that condition in that conveyance, 142
all right, title, and interest in the parcel shall revert to the 143
state without the need for any further action by the state.144

       And, further, in the conveyance of the real estate described 145
in division (A) of this section as Parcel Number 2 to the Board of 146
County Commissioners of Warren County on behalf of the Warren 147
County Board of Mental Retardation and Developmental Disabliities, 148
the city of Mason shall include a condition that the county is not 149
to convey any or all of the parcel to any non-state entity for a 150
period of fifteen years from the date of the conveyance. If the 151
city of Mason does not include that condition in the conveyance to 152
the Board of County Commissioners of Warren County, all right, 153
title, and interest in the parcel shall immediately revert to the 154
state without the need for any further action by the state.155

       (E) The conveyance of the real estate described in division 156
(A) of this section is subject to the condition that the city of 157
Mason shall provide reasonable access to Parcel Number 2 over and 158
through Parcel Number 1.159

       (F) Upon payment of the purchase price, the Auditor of State, 160
with the assistance of the Attorney General, shall prepare a deed 161
to the real estate described in division (A) of this section. The 162
deed shall state the consideration, conditions, and possibilities 163
of reverter described in divisions (B), (C), (D), and (E) of this 164
section. The deed shall be executed by the Governor in the name of 165
the state, countersigned by the Secretary of State, sealed with 166
the Great Seal of the State, presented in the Office of the 167
Auditor of State for recording, and delivered to the city of 168
Mason. The city of Mason shall present the deed for recording in 169
the Office of the Warren County Recorder.170

       (G) The city of Mason shall pay the costs of the conveyance of 171
the real estate described in division (A) of this section.172

       Section 2. (A) The Governor is hereby authorized to execute a 173
deed in the name of the state, conveying to Filling Memorial Home 174
of Mercy, Inc., and its successors and assigns, all of the state's 175
right, title and interest in the following described real estate 176
consisting of two parcels located in Williams County:177

       Parcel Number One178

       Situate in the state of Ohio, Williams County and City of 179
Bryan and being those same lands conveyed to the state of Ohio by 180
Deed of Record in Deed Book 257, Page 771, Recorder's Office, 181
William's County, Ohio and being more particularly described as 182
follows:183

       Being Lot No. 24 in the First Addition of Sidecar Subdivision 184
in the City of Bryan as the same is numbered and delineated upon 185
the Recorded Plat thereof, of Record in Plat Book 9, pages 90 and 186
91, Recorder's Office, William's county, Ohio.187

       Together with the residential structure erected thereon, 188
containing approximately 5,295 square feet and otherwise known as 189
1211 Cardinal Road, State Route No. 2, Bryan, Ohio 43506.190

       Subject however to all legal rights of way and easements.191

       Parcel Number Two192

       A tract of land located in the Northeast Quarter of Section 193
Seven (7), Town Seven (7) North, Range Four (4) East, Brady 194
Township, Village of West Unity, Williams County, Ohio and more 195
particularly described as follows:196

       Commencing at the Northwest corner of the Northeast Quarter 197
of Section 7, said point being the true place of beginning, thence 198
along the North line of the Northeast Quarter of Section 7, South 199
87 degrees 23 minutes 00 seconds East a distance of 150.00 feet to 200
a point; thence South 02 degrees 03 minutes 56 seconds West a 201
distance of 240.00 feet to a point; thence North 87 degrees 23 202
minutes 00 seconds West a distance of 150.00 feet to a point; 203
thence along the West line of the Northeast Quarter of Section 7 204
North 02 degrees 03 minutes 56 seconds East a distance of 240.00 205
feet to a point; said point being the true place of beginning, 206
containing 0.826 acres of land and subject to all easements and 207
highways.208

       (B) Consideration for the conveyance of the real estate 209
described in division (A) of this section is the purchase price of 210
$76,800.00.211

        (C) Upon payment of the purchase price, the Auditor of State, 212
with the assistance of the Attorney General, shall prepare a deed 213
to the real estate described in division (A) of this section. The 214
deed shall state the consideration. The deed shall be executed by 215
the Governor in the name of the state, countersigned by the 216
Secretary of State, sealed with the Great Seal of the State, 217
presented in the Office of the Auditor of State for recording, and 218
delivered to Filling Memorial Home of Mercy, Inc. Filling Memorial 219
Home of Mercy, Inc. shall present the deed for recording in the 220
Office of the Williams County Recorder.221

        (D) Filling Memorial Home of Mercy, Inc. shall pay the costs 222
of the conveyance of the real estate described in division (A) of 223
this section.224

       Section 3. (A) The Governor is hereby authorized to execute a 225
deed in the name of the state, conveying to the city of Bryan in 226
Williams County, and its successors and assigns, all of the 227
state's right, title, and interest in the following described real 228
estate:229

       Situated in the City of Bryan, County of Williams and State 230
of Ohio and known as and being Lots Numbered One (1) and Two (2) 231
in STARK'S MEADOWSBROOK ADDITION as the same in replatted and 232
recorded in Volume 9, Pages 101 and 102 of the Plat Records of 233
Williams County, Ohio, subject however, to all easements and 234
restrictions of record.235

        (B) Consideration for the conveyance of the real estate 236
described in division (A) of this section is the purchase price of 237
$23,000.238

       (C) The city of Bryan shall pay the costs of the conveyance 239
of the real estate described in division (A) of this section.240

        (D) Upon payment of the purchase price, the Auditor of State, 241
with the assistance of the Attorney General, shall prepare a deed 242
to the real estate described in division (A) of this section. The 243
deed shall state the consideration stated in division (B) of this 244
section. The deed shall be executed by the Governor in the name of 245
the state, countersigned by the Secretary of State, sealed with 246
the Great Seal of the State, presented in the Office of the 247
Auditor of State for recording, and delivered to the city of 248
Bryan. The city of Bryan shall present the deed for recording in 249
the office of the Williams County Recorder.250

       Section 4. (A) The Governor is hereby authorized to execute a 251
deed in the name of the state, conveying to Delaware County, and 252
its successors and assigns, all of the state's right, title and 253
interest in the following described real estate located in 254
Delaware County:255

PARCEL 124-10-SH
256

DEL-CR-124-1.60
257

HIGHWAY EASEMENT TO REPLACE
258

A BRIDGE AND WIDEN ROADWAY ON HOME ROAD
259

       Situated in the State of Ohio, County of Delaware, Township 260
of Concord, being a part of a 180.26 acre tract of land conveyed 261
to the State of Ohio, as described in Deed Book 60, Page 469, 262
Delaware County Recorder's Office, and being more particularly 263
described as follows:264

       Being on the south side of County Road 124 (Home Road) and 265
being located within the following described points in the 266
boundary thereof:267

       Commencing, for reference, at an iron pin found in the 268
intersection of State Route 745 and County Road 124 (Home Road);269

       thence with the centerline of Right-of-Way of County Road 270
124, North 80°02'37" East a distance of 30.82 feet to a point,271

       thence leaving said centerline South 08°42'51" East a 272
distance of 30.00 feet to a point in the existing southerly 273
right-of-way of County Road 124, said point also being the TRUE 274
POINT OF BEGINNING for the easement described herein;275

       thence North 80°02'37' East, a distance of 1537.91 feet to a 276
point at Roadway Station 25+70.35, 11.58' Right;277

       thence South 16°06'08" East, a distance of 88.94 feet to a 278
point at Roadway Station 25+80.23, 100.00' Right;279

       thence South 80°02'11" West, a distance of 664.86 feet to a 280
point at Roadway Station 19+15.00, 100.00' Right;281

       thence North 65°05'45" West, a distance of 80.67 feet to a 282
point at Roadway Station 18+50.00, 55.00' Right;283

       thence South 81°17'09" West, a distance of 93.00 feet to a 284
point at Roadway Station 17+57.00, 55.00' Right;285

       thence South 08°42'51" East, a distance of 25.00 feet to a 286
point at Roadway Station 17+57.00, 80.00' Right;287

       thence South 81°17'09" West, a distance of 57.00 feet to a 288
point at Roadway Station 17+00.00, 80.00' Right;289

       thence North 08°42'51" West, a distance of 20.00 feet to a 290
point at Roadway Station 17+00.00, 60.00' Right;291

       thence South 81°17'09" West, a distance of 140.00 feet to a 292
point at Roadway Station 15+60.00, 60.00' Right;293

       thence North 08°42'51" West. a distance of 5.00 feet to a 294
point at Roadway Station 15+60.00, 55.00' Right;295

       thence south 81°17'09" West, a distance of 525.86 feet to a 296
point at Roadway Station 10+34.46, 55.00' Right;297

       thence North 11°30'28" West, a distance of 24.72 feet to the 298
TRUE POINT OF BEGINNING at Roadway Station 10+32.94, 30.31' Right.299

       The above described area is a pan of Auditors Permanent 300
Parcel Number 60024003007000. Within said bounds of Parcel 301
124-10-SH is 2.117 acres, more or less, and subject to all other 302
easements of record.303

       This description was prepared by Burgess & Niple, under the 304
direction of S. Patrick Mills, Registered Professional Surveyor 305
Number 7158.306

       The basis of bearings in this description are based on the 307
Ohio State Plane Coordinate System, North Zone.308

       The stations referred to herein are based on construction 309
plans for replacement of structure number 2130998.310

       (B) Consideration for the conveyance of the real estate 311
described in division (A) of this section is the purchase price of 312
$20,074.00. Upon receipt, these moneys shall be deposited into the 313
state treasury to the credit of the Department of Youth Services 314
Building Demolition Fund.315

       (C) Upon payment of the purchase price, the Auditor of State, 316
with the assistance of the Attorney General, shall prepare a deed 317
to the real estate described in division (A) of this section. The 318
deed shall state the consideration. The deed shall be executed by 319
the Governor in the name of the state, countersigned by the 320
Secretary of State, sealed with the Great Seal of the State, 321
presented in the Office of the Auditor of State for recording, and 322
delivered to Delaware County. Delaware County shall present the 323
deed for recording in the Office of the Delaware County Recorder.324

       (D) Delaware County shall pay the costs of the conveyance of 325
the real estate described in division (A) of this section.326

       Section 5. (A) The Governor is hereby authorized to execute a 327
deed in the name of the state, conveying to the Western Local 328
School District in Pike County, and its successors and assigns, 329
all of the state's right, title, and interest in the following 330
described real estate located in Pike County:331

       Situated in the Twp. Mifflin, County of Pike, State of Ohio, 332
being last recorded in Vol. 210, Pg. 620, Vol. 219, Pg. 770 and 333
Vol. 125, Pg. 571, V.M.S. Number 2740 and being more clearly 334
described as follows:335

       Beginning at a railroad spike set in the intersection of 336
Shoemaker Road (T-224) and State Route 124, also being the 337
southeast corner of the Wanda P. Gudorf property recorded in Vol. 338
189, Pg. 253, this being the true beginning of this survey;339

       Thence with six calls with the centerline of Shoemaker Road 340
(T-224), N. 14 deg. 49'02" E. 608.71 feet to a railroad spike set;341

       Thence N. 20 Deg. 11'40" E 202.96 feet to a railroad spike 342
set;343

       Thence N. 16 Deg. 19'43" E 55.35 feet to a railroad spike 344
set;345

       Thence N. 07 Deg. 05'57" E 77.33 feet to a railroad spike 346
set;347

       Thence N. 09 Deg. 30'32" E 133.08 feet to a railroad spike 348
set;349

       Thence N. 14 Deg. 29'51" E. 337.28 feet to a railroad spike 350
set, also being the northeast corner of the Wanda F. Gudorf 351
property recorded in Vol. 109, Pg. 717;352

       Thence with two new calls through the James B. Lawless 353
property recorded in Vol. 210, Pg. 620 and Vol. 219, Pg. 770, S. 354
87 deg. 48'18" E. 477.95 feet to an iron pin set in said line, 355
passing through an iron pin set at 17.95 feet;356

       Thence S. 72 Deg. 29'24" E. 1402.06 feet to an iron pin set 357
in the West line of the Cecil, David and Cathy D. Brewster 358
property recorded in Vol. 203, Pg. 461;359

       Thence with said West line, S. 10 deg. 53'57" W. 1013.12 feet 360
to an iron pin set in the Southwest corner of the Janice M. 361
Alderman property recorded in Vo 186, Pg. 576, also being the east 362
line of the James B. Lawless property, 5th parcel recorded in Vol. 363
219, Pg. 770;364

       Thence with the South line of the Janice M. Alderman 365
property, S. 75 Deg. 10'06" E. 45.24 feet to an iron pin set in 366
the northwest corner of the Dwight Long, Jr. property recorded in 367
Vol. 171, Pg. 57;368

       Thence with the west line of the Dwight Long, Jr. property, 369
S. 09 Deg. 48'58" W. 357.41 feet to a railroad spike set in the 370
centerline of State Route 124, passing through an iron pin set at 371
26.59 feet;372

       Thence with two calls with the centerline of State Route 124, 373
N. 77 Deg. 30'15" W., 1144.18 feet to a railroad spike set;374

       Thence N. 77 Deg. 41'17" W. 865.54 feet to the beginning and 375
containing 63.329 acres more or less and being 39.953 acres out of 376
the James S. Lawless property recorded in the 5th tract Vol. 219, 377
Pg. 770, calling for 52.500 acre, 22.376 acres out of the James B. 378
Lawless property recorded in Tract 1, Vol. 210, Pg. 620, calling 379
for 47.78 acres and being all of the James Lawless property 380
recorded in Vol. 126, Pg. 671381

       Being subject to all legal Highways and Easements before the 382
date of the recording of this instrument. Russell D. Montgomery, 383
surveyor, June 1, 1995, P.S. No. 5899.384

       (B) Consideration for the conveyance of the real estate 385
described in division (A) of this section is the purchase price of 386
ten dollars. 387

       (C) The real estate described in division (A) of this section 388
shall be sold as an entire tract and not in parcels.389

       (D) Prior to the execution of the deed described in division 390
(E) of this section, possession of the real estate described in 391
division (A) of this section shall be governed by an existing 392
interim lease between the state and the Western Local School 393
District.394

       (E) Upon payment of the purchase price, the Auditor of State, 395
with the assistance of the Attorney General, shall prepare a deed 396
to the real estate described in division (A) of this section. The 397
deed shall state the consideration. The deed shall be executed by 398
the Governor in the name of the state, countersigned by the 399
Secretary of State, sealed with the Great Seal of the State, 400
presented in the Office of the Auditor of State for recording, and 401
delivered to the Western Local School District. The Western Local 402
School District shall present the deed for recording in the Office 403
of the Pike County Recorder.404

       (F) The Western Local School District shall pay the costs of 405
the conveyance of the real estate described in division (A) of 406
this section.407

       Section 6. This act shall expire one year after its effective 408
date.409