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To enact section 3356.10 and to repeal section | 1 |
3356.10 of the Revised Code five years after the | 2 |
effective date of this act to authorize | 3 |
conveyances during a five-year period of certain | 4 |
parcels of real estate held for the use and | 5 |
benefit of Youngstown State University, to | 6 |
authorize the conveyance to Liberty Township of | 7 |
all of the state's right, title, and interest in | 8 |
certain real estate located in Trumbull County, to | 9 |
authorize the conveyance of state-owned real | 10 |
estate in Wayne County to a purchaser to be | 11 |
determined, to authorize the conveyance of | 12 |
state-owned real estate in Wayne County to the | 13 |
Wayne County Fire Rescue Association, to amend | 14 |
Section 6 of Am. Sub. S.B. 147 of the 126th | 15 |
General Assembly to authorize the conveyance of | 16 |
state-owned real estate in Franklin County to the | 17 |
Columbus Board of Education, and to declare an | 18 |
emergency. | 19 |
Section 1. That section 3356.10 of the Revised Code be | 20 |
enacted to read as follows: | 21 |
Sec. 3356.10. For five years from the effective date of this | 22 |
section, the governor may execute deeds in the name of the state | 23 |
conveying to one or more purchasers and the purchasers' heirs and | 24 |
assigns or successors and assigns all of the state's right, title, | 25 |
and interest in any or all parcels of real estate held for the use | 26 |
and benefit of Youngstown state university and located in the city | 27 |
of Youngstown, Mahoning county, in an area known as "smokey | 28 |
hollow" and bounded on the north by the east-bound service road of | 29 |
the Madison avenue expressway, on the east by Andrews avenue, on | 30 |
the south by Rayen avenue, and on the west by Wick avenue. The | 31 |
parcels of real estate may be transferred individually or as a | 32 |
group or multiple groups to a single purchaser or to multiple | 33 |
purchasers. | 34 |
The consideration for conveyance of the real estate described | 35 |
in this section shall be a purchase price and any terms and | 36 |
conditions acceptable to the board of trustees of Youngstown state | 37 |
university. The consideration may include in whole or in part the | 38 |
benefit that will inure to the university and the students | 39 |
attending the university from development of a mixed-use urban | 40 |
neighborhood that will provide convenient housing, retail outlets, | 41 |
parks, and employment opportunities on a site adjacent to the | 42 |
university's core campus. | 43 |
All costs of the conveyance of the real estate described in | 44 |
this section shall be paid by the board of trustees of the | 45 |
university unless otherwise specified in the agreement for | 46 |
transfer of the property. | 47 |
Upon adoption of a resolution by the board of trustees | 48 |
specifically identifying the parcel or parcels of real estate to | 49 |
be conveyed, the purchaser or purchasers of the real estate, and | 50 |
identifying the consideration paid or to be paid, the auditor of | 51 |
state, with the assistance of the attorney general, shall prepare | 52 |
a deed or deeds to the real estate described in this section and | 53 |
identified in the resolution. The deed or deeds shall state the | 54 |
consideration specified in the resolution. The deed or deeds shall | 55 |
be executed by the governor in the name of the state, | 56 |
countersigned by the secretary of state, sealed with the great | 57 |
seal of the state, presented in the office of the auditor of state | 58 |
for recording, and delivered to the purchaser or purchasers. The | 59 |
purchaser or purchasers shall present the deed or deeds for | 60 |
recording in the office of the Mahoning county recorder. | 61 |
Each deed to any property described in this section shall | 62 |
contain any exceptions, reservations, or conditions and any right | 63 |
of reentry or reverter clause specified in the resolution adopted | 64 |
by the board of trustees. Any exceptions, reservations, or | 65 |
conditions or any right of reentry or reverter clause contained in | 66 |
any deed authorized by this section may be released by the | 67 |
university without the necessity of further legislation, provided | 68 |
such release is specifically authorized by the board of trustees. | 69 |
The net proceeds of the sale of the real estate described in | 70 |
this section shall be paid to Youngstown state university and | 71 |
deposited in university accounts for purposes to be determined by | 72 |
the board of trustees. | 73 |
Section 2. Section 3356.10 of the Revised Code is hereby | 74 |
repealed, effective five years after the effective date of this | 75 |
act. | 76 |
Section 3. (A) The purpose of the General Assembly in | 77 |
enacting this act is to convey to Liberty Township, Trumbull | 78 |
County, all of the state's right, title, and interest in certain | 79 |
real estate that the state originally conveyed to Liberty Township | 80 |
on August 29, 1978, under the authority of Sub. S.B. 324 of the | 81 |
112th General Assembly. Section 3 of Sub. S.B. 324 of the 112th | 82 |
General Assembly and the deed authorized by it required that the | 83 |
property in question be used solely for public purposes and | 84 |
specified that, upon termination of the property being used solely | 85 |
for public purposes, all right, title, and interest in the | 86 |
property must revert to the state. The conveyance authorized by | 87 |
this act does not contain that condition or possibility of | 88 |
reverter. | 89 |
(B) The Governor is hereby authorized to execute a deed in | 90 |
the name of the state, conveying to Liberty Township, Trumbull | 91 |
County, and its successors and assigns, all right, title, and | 92 |
interest of the state in the following described real estate: | 93 |
Beginning at a Concrete Monument marking the County Lines | 94 |
between Trumbull and Mahoning Counties, said monument being | 95 |
located eighteen hundred fifty-seven and no hundredths (1,857.00) | 96 |
feet, more or less, West of Belmont Avenue, measured along the | 97 |
County Line, said monument being further defined as the Southeast | 98 |
corner of Athletic Field Property (known as Thomas Park), which | 99 |
was deeded to the Brier Hill Steel Company by the David Tod Land | 100 |
Company by deed dated October 25, 1916, recorded in Volume 234, | 101 |
Page 424, of Mahoning County Deed Records; thence North eighty-six | 102 |
degrees forty-two minutes no seconds (86°-42'-00") West, from | 103 |
aforesaid monument along the Trumbull-Mahoning County Lines, two | 104 |
hundred six and fifty hundredths (206.50) feet to an iron pin | 105 |
marking the southwest corner of a parcel of land deeded by the | 106 |
Youngstown Sheet and Tube Company to the state of Ohio by | 107 |
Quit-Claim Deed dated June 10, 1949; thence continuing North | 108 |
eighty-six degrees forty-two minutes no seconds (86°-42'-00") | 109 |
West, one hundred and no hundredths (100.00) feet; thence North | 110 |
two degrees thirty-nine minutes no seconds (02°-39'-00") East, and | 111 |
parallel to the west line of said above referred to parcel deeded | 112 |
to the State of Ohio a distance of two hundred ninety and | 113 |
forty-seven hundredths (290.47) feet to a point; thence South | 114 |
eighty-six degrees forty-two minutes no seconds (86°-42'-00") | 115 |
East, one hundred and no hundredths (100.00) feet to an iron pin | 116 |
marking the northwest corner of said parcel of land deeded to the | 117 |
State of Ohio; thence continuing South eighty-six degrees | 118 |
forty-two minutes no seconds (86°-42'-00") East, two hundred six | 119 |
and fifty hundredths (206.50) feet to an iron pin; thence South | 120 |
two degrees thirty-nine minutes no seconds (02°-39'-00") West, two | 121 |
hundred ninety and forty-seven hundredths (290.47) feet, to the | 122 |
place of beginning, containing two and forty-five thousandths | 123 |
(2.045) acres, more or less, but subject to all legal highways. | 124 |
The conveyance shall be subject to existing easements, | 125 |
rights-of-way, and public roads and highways. | 126 |
Excepting from said parcel: | 127 |
Situated in the State of Ohio, County of Trumbull, City of | 128 |
Girard, and known as being part of northeast quarter of Liberty | 129 |
Township Section #2, Township 3 North, Range 2 West, also being | 130 |
known as part of Lot No. 2 in the original survey of said | 131 |
Township, and further being bounded and described as follows: | 132 |
Commencing at a monument located on Centerline Construction | 133 |
and Right-of-Way Gypsy Lane Station 41+75.00, thence N 00E49' 44" | 134 |
W a distance of 11.00 feet to a point on the Trumbull | 135 |
County/Mahoning County Line, said point being the True Place of | 136 |
Beginning of the parcel of land hereinafter described, thence | 137 |
clockwise along the following four (4) courses and distances; | 138 |
thence S 89E10' 16" W along Trumbull County/Mahoning County Line | 139 |
for a distance of 96.78 feet to a point; thence N 01E30' 18" W | 140 |
along the westerly property line of said property and the Girard | 141 |
City/Liberty Township Section line for a distance of 30.00 feet to | 142 |
a point; thence N89E10' 16" E along the proposed Limited Access | 143 |
line for a distance of 97.14 feet to a point; thence S 00 49' 44" | 144 |
E for distance of 30.00 feet to a point, the True Place of | 145 |
Beginning and containing 2909 square feet or .067 acres of land, | 146 |
more or less, of which .067 acres of land, which is located in | 147 |
Trumbull County Auditors Parcel No. 13-000500 are in the Present | 148 |
Road Occupied, leaving a net take of 0.00 acres of land which is | 149 |
subject to all easements, restrictions and covenants of record. | 150 |
(C) The consideration for the conveyance of the real estate | 151 |
described in division (B) of Section 3 of this act is the mutual | 152 |
benefit accruing to the state and Liberty Township by the use of | 153 |
the real estate for economic development by Liberty Township. | 154 |
(D) Within thirty days after the effective date of this act, | 155 |
the Auditor of State, with the assistance of the Attorney General, | 156 |
shall prepare a deed to the real estate described in division (B) | 157 |
of Section 3 of this act. The deed shall state the consideration. | 158 |
The deed shall be executed by the Governor in the name of the | 159 |
state, countersigned by the Secretary of State, sealed with the | 160 |
Great Seal of the State, presented in the Office of the Auditor of | 161 |
State for recording, and delivered to Liberty Township. Liberty | 162 |
Township shall present the deed for recording in the Office of the | 163 |
Trumbull County Recorder. | 164 |
(E) Liberty Township shall pay the costs of the conveyance of | 165 |
the real estate described in division (B) of Section 3 of this | 166 |
act. | 167 |
(F) This section expires one year after its effective date. | 168 |
Section 4. (A) The Governor is hereby authorized to execute a | 169 |
deed in the name of the state conveying to a buyer or buyers to be | 170 |
determined in the manner provided in division (B) of this section, | 171 |
all of the state's right, title, and interest in the following | 172 |
described real estate that the Director of Administrative Services | 173 |
has determined is no longer required for state of Ohio purposes: | 174 |
Situated in the Township of East Union, County of Wayne, | 175 |
State of Ohio and known as being a part of the Southeast and | 176 |
Southwest Quarters of Section 16 and the Northeast and Northwest | 177 |
Quarters of Section 21, T-16N; R-12W, also known as being part of | 178 |
lands conveyed to the State of Ohio in Volume 207; Page 223, | 179 |
Volume 207; Page 224, and Volume 207; Page 228 of Wayne County | 180 |
Deed Records and further bounded and described as follows: | 181 |
Beginning at a 1" pipe found at the northwest corner of the | 182 |
Northwest Quarter of Section 21: | 183 |
1. Thence N 89° 19' 38" E along the section line and the | 184 |
southerly line of lands conveyed to Oris Earl and Dorothy Ellen | 185 |
Steiner in Volume 545; Page 386 of Wayne County Deed Records a | 186 |
distance of 1363.52 feet to a 1 1/2" pipe found at the southeast | 187 |
corner of Steiner; | 188 |
2. Thence N 00° 20' 53" E along the easterly line of said | 189 |
Steiner a distance of 70.00 feet to a 1" pipe found; | 190 |
3. Thence S 89° 49' 28" E, 809.75 feet to a 5/8" rebar with | 191 |
I.D. cap marked "S.J.L., INC." set on the westerly line of lands | 192 |
conveyed to Wayne County in Volume 720; Page 772 of Wayne County | 193 |
Deed Records; | 194 |
4. Thence S 00° 40' 22" E along the westerly line of said | 195 |
Wayne County a distance of 58.00 feet to a rebar over a stone | 196 |
found on the section line; | 197 |
5. Thence S 00° 40' 21" E along the westerly line of said | 198 |
Wayne County a distance of 240.00 feet to a 5/8" rebar found at | 199 |
the southwest corner thereof; | 200 |
6. Thence N 89° 18' 59" E along the southerly line of said | 201 |
Wayne County a distance of 550.13 feet to a 5/8" rebar found at | 202 |
the southeast corner; | 203 |
7. Thence N 00° 59' 39" E along the easterly line of said | 204 |
Wayne County a distance of 240.00 feet to a rebar over a stone | 205 |
found on the section line; | 206 |
8. Thence N 00° 23' 47" W along the easterly line of said | 207 |
Wayne County a distance of 113.44 feet to a 1" pipe found; | 208 |
9. Thence N 89° 18' 10" E along the southerly line of said | 209 |
Wayne County a distance of 521.12 feet to a 1" pipe found at the | 210 |
southeasterly corner thereof; | 211 |
10. Thence N 00° 36' 26" E along the easterly line of said | 212 |
Wayne County a distance of 150.61 feet to a 1" pipe found; | 213 |
11. Thence S 89° 00' 00" E along the southerly line of said | 214 |
Wayne County a distance of 291.03 feet to a 1" pipe found on the | 215 |
westerly line of lands conveyed to the Wayne County Fire Rescue | 216 |
Association in Volume 663; Page 123 of Wayne County Records; | 217 |
12. Thence S 17° 31' 23" W along the westerly line of said | 218 |
Wayne County Fire Rescue Association and passing through a 5/8" | 219 |
rebar found at 268.87 feet on the section line a total distance of | 220 |
662.32 feet to a 5/8" rebar found; | 221 |
13. Thence S 62° 13' 08" E, 51-88 feet to a 5/8" rebar found; | 222 |
14. Thence S 05° 53' 22" W along the westerly line of said | 223 |
Wayne County Fire Rescue Association a distance of 466.73 feet to | 224 |
a 5/8" rebar found at a southwesterly corner thereof; | 225 |
15. Thence S 88° 16' 54" E along the southerly line of said | 226 |
Wayne County Fire Rescue Association a distance of 327.10 feet to | 227 |
a 5/8" rebar found; | 228 |
16. Thence S 01° 39' 27" W along the westerly line of said | 229 |
Wayne County Fire Rescue Association a distance of 442.22 feet to | 230 |
a 5/8" rebar found at the southwesterly corner thereof; | 231 |
17. Thence S 89° 04' 05" W, 137.09 feet to a 5/8" rebar with | 232 |
I.D. cap marked "S.J.L., INC." set; | 233 |
18. Thence S 00° 0' 05" W, 655.89 feet to a 5/8" rebar with | 234 |
I.D. cap marked "S.J.L., INC." set; | 235 |
19. Thence N 89° 58' 55" W, 1039.31 feet to a 5/8" rebar with | 236 |
I.D. cap marked "S.J.L., INC." set; | 237 |
20. Thence N 00° 01' 05" E, 274.73 feet to a 5/8" rebar with | 238 |
I.D. cap marked "S.J.L., INC." set; | 239 |
21. Thence S 86° 58' 55" W, 695.35 feet to a 5/8" rebar with | 240 |
I.D. cap marked "S.J.L., INC." set at a point of curvature; | 241 |
22. Thence northwesterly 166.81 feet along the arc of a curve | 242 |
deflecting to the right, said curve having a radius of 257.00 | 243 |
feet, a central angle of 37° 11' 20" and a chord which bears N 75° | 244 |
25' 25" W, 163.90 feet to a 5/8" rebar with I.D. cap marked | 245 |
"S.J.L., INC." set at a point of reverse curve; | 246 |
23. Thence northwesterly 60.37 feet along the arc of a curve | 247 |
deflecting to the left, said curve having a radius of 515.54 feet, | 248 |
a central angle of 06° 42' 35" and a chord which bears N 59° 11' | 249 |
02" W, 60.34 feet to a 5/8" rebar with I.D. cap marked "S.J.L., | 250 |
INC." set; | 251 |
24. Thence N 62° 32' 20" W, 267.57 feet to a 5/8" rebar with | 252 |
I.D. cap marked "S.J.L., INC." set; | 253 |
25. Thence northwesterly 129.18 feet along the arc of a curve | 254 |
deflecting to the right, said curve having a radius of 219.70 | 255 |
feet, a central angle of 33° 41' 22" and a chord which bears N 45° | 256 |
41' 38" W, 127.33 feet to a 5/8" rebar with I.D. cap marked | 257 |
"S.J.L., INC." set at a point of reverse curve; | 258 |
26. Thence northwesterly 225.18 feet along the arc of a curve | 259 |
deflecting to the left, said curve having a radius of 932.78 feet, | 260 |
a central angle of 13° 49' 53" and a chord which bears N 35° 45' | 261 |
54" W, 224.63 feet to a 5/8" rebar with I.D. cap marked "S.J.L., | 262 |
INC." set at a point of compound curve; | 263 |
27. Thence northwesterly 375.09 feet along the arc of a curve | 264 |
deflecting to the left, said curve having a radius of 267.00 feet, | 265 |
a central angle of 80° 29' 25" and a chord which bears N 82° 55' | 266 |
33" W, 345.00 feet to a 5/8" rebar with I.D. cap marked "S.J.L., | 267 |
INC." set at a point of reverse curve; | 268 |
28. Thence southwesterly 306.27 feet along the arc of a curve | 269 |
deflecting to the right, said curve having a radius of 1179.00 | 270 |
feet, a central angle of 14° 53' 02" and a chord which bears S 64° | 271 |
16' 16" W, 305.41 feet to a 5/8" rebar with I.D. cap marked | 272 |
"S.J.L., INC." set; | 273 |
29. Thence S 71° 42' 47" W, 525.58 feet to a monument spike | 274 |
set on the section line and centerline of Apple Creek Road (C.R. | 275 |
44); | 276 |
30. Thence N 00° 00' 03" W along the section line and | 277 |
centerline of Apple Creek Road a distance of 1479.67 feet to the | 278 |
place of beginning and containing within said bounds 130.821 acres | 279 |
of land of which 1.190 acres are in the Southwest Quarter of | 280 |
Section 16, 2.861 acres are in the Southeast Quarter of Section | 281 |
16, 35.159 acres are in the Northeast Quarter of Section 21 and | 282 |
91.611 acres are in the Northwest Quarter of Section 21, more or | 283 |
less, and subject to all legal highways and easements of record. | 284 |
This description was prepared by Virgil D. Landis, P.S. #6551 | 285 |
from a survey made in April of 2000 by Shaffer, Johnston, | 286 |
Lichtenwalter & Associations, Inc. Bearings are based on the | 287 |
Section line between Sections 16 and 21, bearing N 89° 19' 38" E | 288 |
according to record survey "EE"-429. | 289 |
(B) Excepting therefrom the following described parcel: | 290 |
Situated in the Township of East Union, County of Wayne, | 291 |
State of Ohio and being known as being part of the Northeast | 292 |
Quarter of Section 21, T-16N, R-12W and also a part of lands of | 293 |
the State Of Ohio as recorded in Official Record 207, Page 224 and | 294 |
being further bounded and described as follows: | 295 |
Commencing at an iron pin & stone found marking the northeast | 296 |
corner of the Northeast Quarter of Section 21; | 297 |
Thence S 86°05'34" W, 855.22 feet with the north line of said | 298 |
Quarter Section to a 5/8" rebar found on the east line of lands of | 299 |
The Wayne County Fire Rescue Assoc. as recorded in Volume 663, | 300 |
Page 123; | 301 |
Thence continuing S 86°05'34"W, 1147.11 feet to a 5/8" rebar | 302 |
found on the easterly line of the Grantor; | 303 |
Thence S 14°18'47"W, 388.24 feet with the west line of the | 304 |
Grantor to a 5/8" rebar found and being the principal place of | 305 |
beginning of the parcel herein described; | 306 |
1. Thence S 65°08'56"E with a northerly line of the Grantor a | 307 |
distance of 50.85 feet to a 5/8" rebar found; | 308 |
2. Thence S 02°40'46"W with an easterly line of the Grantor a | 309 |
distance of 471.99 feet to a 5/8" rebar found; | 310 |
3. Thence N 88°30'30"E, 327.08 feet with a northerly line of | 311 |
the Grantor a 5/8" rebar found; | 312 |
4. Thence S 01°32'02"E, 442.22 feet with an easterly line of | 313 |
the Grantor to a 5/8" rebar found; | 314 |
5. Thence N 84°59'37"W, 40.00 feet to a 5/8" rebar and cap | 315 |
set; | 316 |
6. Thence S 85°51'29"W, 205.84 feet to a 5/8" rebar and cap | 317 |
set; | 318 |
7. Thence N 07°14'47"W, 112.61 feet to a 5/8" rebar and cap | 319 |
set; | 320 |
8. Thence N 85°10'27"W, 150.74 feet to a 5/8" rebar and cap | 321 |
set; | 322 |
9. Thence N 02°28'35"E, 773.07 feet to a 5/8" rebar and cap | 323 |
set; | 324 |
10. Thence N 30°49'40"W, 51.84 feet to the place of beginning | 325 |
and containing within said bounds 3.472 acres be the same more or | 326 |
less. | 327 |
Subject to all legal highways and easements of record. Basis | 328 |
of Bearings: Survey "JJ"-276. This description was prepared by | 329 |
Mark E. Purdy P.S. #7307 from a survey completed in July of 2005. | 330 |
(C) The Director of Administrative Services shall offer the | 331 |
real estate, improvements and chattels located on the parcel | 332 |
described in division (A) of this section, for sale, "as is," in | 333 |
its present condition according to the following process: | 334 |
(1) The real estate described in division (A) of this section | 335 |
shall be sold as an entire parcel and not subdivided. | 336 |
(2) The Director of Administrative Services shall offer the | 337 |
real estate described in division (A) of this section to any state | 338 |
entity expressing an interest in obtaining said real estate. Any | 339 |
state entity expressing said interest in the real estate described | 340 |
in division (A) of this section shall obtain occupancy and | 341 |
possession through execution of a Transfer of Jurisdictional | 342 |
Control Affecting State Owned Lands document and thereafter assume | 343 |
operational control and financial responsibility for said real | 344 |
estate. | 345 |
(3) Should the Director of Administrative Services provide | 346 |
notice to the Department of Mental Retardation and Developmental | 347 |
Disabilities that no state entity has expressed an interest in | 348 |
acquiring the real estate, the Ohio Department of Mental | 349 |
Retardation and Developmental Disabilities, with the assistance of | 350 |
the Ohio Department of Administrative Services, shall have the | 351 |
parcel described in division (A) of this section appraised by one | 352 |
or more disinterested persons for a fee to be determined by and | 353 |
paid by the Department of Mental Retardation and Developmental | 354 |
Disabilities. The Director of Administrative Services shall then | 355 |
offer the real estate at the appraised value to the Board of | 356 |
Commissioners of Wayne County. | 357 |
(4) If, after thirty days, the Board of Commissioners of | 358 |
Wayne County has declined the offer to purchase (by executing a | 359 |
document entitled an "Offer to Purchase Real Estate" with the | 360 |
Director of Administrative Services that shall establish the terms | 361 |
of the conveyance) the real estate at the appraised value, or if | 362 |
the Board of County Commissioners of Wayne County has accepted the | 363 |
offer but has failed to complete the purchase, the Director of | 364 |
Administrative Services shall offer the real estate at the | 365 |
appraised value to the Board of Trustees of East Union Township. | 366 |
(5) If, after thirty days, the Board of Trustees of East | 367 |
Union Township has declined the offer to purchase (by executing a | 368 |
document entitled an "Offer to Purchase Real Estate" with the | 369 |
Director of Administrative Services that shall establish the terms | 370 |
of the conveyance) the real estate at the appraised value, or if | 371 |
the Board of Trustees of East Union Township has accepted the | 372 |
offer but has failed to complete the purchase, the Director of | 373 |
Administrative Services shall offer the real estate at the | 374 |
appraised value to the Village of Apple Creek. | 375 |
(6) If, after thirty days, the Village of Apple Creek has | 376 |
declined the offer to purchase (by executing a document entitled | 377 |
an "Offer to Purchase Real Estate" with the Director of | 378 |
Administrative Services that shall establish the terms of the | 379 |
conveyance) the real estate at the appraised value, or if the | 380 |
Village of Apple Creek has accepted the offer but has failed to | 381 |
complete the purchase, the Director of Administrative Services | 382 |
shall offer the real estate at the appraised value to the Board of | 383 |
Education of the Southeastern Local School District. | 384 |
(7) If, after thirty days, the Board of Education of the | 385 |
Southeastern Local School District has declined the offer to | 386 |
purchase (by executing a document entitled an "Offer to Purchase | 387 |
Real Estate" with the Director of Administrative Services that | 388 |
shall establish the terms of the conveyance) the real estate at | 389 |
the appraised value, or if the Board of Education of the | 390 |
Southeastern Local School District has accepted the offer but has | 391 |
failed to complete the purchase, the Director of Administrative | 392 |
Services shall conduct a public auction with a required sale price | 393 |
of not less than two-thirds of the established appraised value. | 394 |
(8) If, after the public auction provided for in division | 395 |
(C)(7) of this section, no bids for at least two-thirds of the | 396 |
appraised value are received, a second public auction shall be | 397 |
held, and the real estate shall be sold to the highest bidder at a | 398 |
price acceptable to both the Director of Administrative Services | 399 |
and the Director of the Department of Mental Retardation and | 400 |
Developmental Disabilities. | 401 |
The Director of Administrative Services may reject any and | 402 |
all bids. The Director of Administrative Services shall advertise | 403 |
each auction in a newspaper of general circulation within the | 404 |
county in which the real estate is located, once a week for three | 405 |
consecutive weeks prior to the date of each auction. The terms of | 406 |
sale shall be ten per cent of the purchase price in cash, bank | 407 |
draft, or certified check on the date of sale, with the balance | 408 |
payable within sixty days after the date of sale. A purchaser who | 409 |
does not complete the conditions of the sale as prescribed in this | 410 |
division shall forfeit the ten per cent of the purchase price | 411 |
presented at the time of sale to the state as liquidated damages. | 412 |
Should a purchaser not complete the conditions of sale as | 413 |
described in this division, the Director of Administrative | 414 |
Services is authorized to accept the next highest bid by | 415 |
collecting ten per cent of the purchase price from that bidder and | 416 |
proceed to close the sale, providing the secondary bid meets all | 417 |
other criteria provided for in this act. | 418 |
(9) Advertising costs, appraisal fees, and other costs | 419 |
incident to the sale of real estate described in division (A) of | 420 |
this section shall be paid by the Ohio Department of Mental | 421 |
Retardation and Developmental Disabilities. | 422 |
(10) The net proceeds of the sale of the parcel described in | 423 |
division (A) of this section shall be deposited in the state | 424 |
treasury to the credit of the Fund 33 Mental Health Improvement | 425 |
Fund and shall be used to offset bond indebtedness for Apple Creek | 426 |
Developmental Center capital projects. | 427 |
(11) Upon notice from the Director of Administrative Services | 428 |
that the parcel of real estate described in division (A) of this | 429 |
section has been sold, the Auditor of State, with the assistance | 430 |
of the Attorney General, shall prepare a deed to the real estate | 431 |
to the purchaser identified by the Director of Administrative | 432 |
Services. The deed shall be executed by the Governor, | 433 |
countersigned by the Secretary of State, presented in the Office | 434 |
of the Auditor of State for recording, and delivered to the | 435 |
grantee at closing and upon the grantee's payment of the balance | 436 |
of the purchase price. The grantee shall present the deed for | 437 |
recording in the Wayne County Recorder's Office. | 438 |
(D) This section expires three years after its effective | 439 |
date. | 440 |
Section 5. The Governor is hereby authorized to execute a | 441 |
deed in the name of the state conveying to the Wayne County Fire | 442 |
Rescue Association, their successors and assigns or heirs and | 443 |
assigns, all of the state's right, title, and interest in the | 444 |
following described real estate: | 445 |
Situated in the Township of East Union, County of Wayne, | 446 |
State of Ohio and being known as being a part of the Northeast | 447 |
Quarter of Section 21, T-16N, R-12W and also a part of lands of | 448 |
the State Of Ohio as recorded in Official Record 207, Page 224 and | 449 |
being further bounded and described as follows: | 450 |
Commencing at an iron pin & stone found marking the northeast | 451 |
corner of the Northeast Quarter of Section 21; | 452 |
Thence S 86°05'34"W, 855.22 feet with the north line of said | 453 |
Quarter Section to a 5/8" rebar found on the east line of lands of | 454 |
The Wayne County Fire Rescue Association as recorded in Volume | 455 |
663, Page 123; | 456 |
Thence continuing S 86°05'34"W, 1147.11 feet to a 5/8" rebar | 457 |
found on the easterly line of the Grantor; | 458 |
Thence S 14°18'47"W, 388.24 feet with the west line of the | 459 |
Grantor to a 5/8" rebar found and being the principal place of | 460 |
beginning of the parcel herein described; | 461 |
1. Thence S 65°08'56"E with a northerly line of the Grantor a | 462 |
distance of 50.85 feet to a 5/8" rebar found; | 463 |
2. Thence S 02°40'46"W with an easterly line of the Grantor a | 464 |
distance of 471.99 feet to a 5/8" rebar found; | 465 |
3. Thence N 88°30'30"E, 327.08 feet with a northerly line of | 466 |
the Grantor a 5/8" rebar found; | 467 |
4. Thence S 01°32'02"E, 442.22 feet with an easterly line of | 468 |
the Grantor to a 5/8" rebar found; | 469 |
5. Thence N 84°59'37"W, 40.00 feet to a 5/8" rebar and cap | 470 |
set; | 471 |
6. Thence S 85°51'29"W, 205.84 feet to a 5/8" rebar and cap | 472 |
set; | 473 |
7. Thence N 07°14'47"W, 112.61 feet to a 5/8" rebar and cap | 474 |
set; | 475 |
8. Thence N 85°10'27"W, 150.74 feet to a 5/8" rebar and cap | 476 |
set; | 477 |
9. Thence N 02°28'35"E, 773.07 feet to a 5/8" rebar and cap | 478 |
set; | 479 |
10. Thence N 30°49'40"W, 51.84 feet to the place of beginning | 480 |
and containing within said bounds 3.472 acres be the same more or | 481 |
less. | 482 |
Subject to all legal highways and easements of record. Basis | 483 |
of Bearings: Survey "JJ"-276. This description was prepared by | 484 |
Mark E. Purdy P.S. 7307 from a survey completed in July of 2005. | 485 |
(B) The real estate described in division (A) of this section | 486 |
shall be sold as an entire tract and not in parcels. | 487 |
(C) The Governor's deed shall state that consideration for | 488 |
the conveyance of the real estate described in division (A) of | 489 |
this section shall be a price acceptable to both the Director of | 490 |
the Department of Administrative Services and the Director of the | 491 |
Department of Mental Retardation and Developmental Disabilities. | 492 |
The consideration shall be paid to the state at closing. | 493 |
(D) Once this bill becomes effective, the Auditor of State, | 494 |
with the assistance of the Attorney General, shall prepare a | 495 |
Governor's deed to the real estate described in division (A) of | 496 |
this section. The Governor's deed shall state the consideration | 497 |
and shall be executed by the Governor in the name of the state, | 498 |
countersigned by the Secretary of State, sealed with the Great | 499 |
Seal of the State, presented in the Office of the Auditor of State | 500 |
for recording, and delivered to the Wayne County Fire Rescue | 501 |
Association. The Wayne County Fire Rescue Association shall | 502 |
present the Governor's deed for recording in the Office of the | 503 |
Wayne County Recorder. | 504 |
(E) Any title evidence desired by Wayne County Fire Rescue | 505 |
Association shall be at Wayne County Fire Rescue Association's | 506 |
cost. | 507 |
(F) The risk of loss or damage to the real estate described | 508 |
in division (A) of this section shall remain with and is expressly | 509 |
assumed by the State until title passes at the time of the | 510 |
delivery of the Governor's deed. | 511 |
(G) The Wayne County Fire Rescue Association shall pay the | 512 |
costs of the conveyance of the real estate described in division | 513 |
(A) of this section, including recordation costs of the Governor's | 514 |
deed. | 515 |
(H) The Wayne County Fire Rescue Association has the right to | 516 |
examine the subject premises, but the Association must agree to | 517 |
accept the real property, in its present condition, as is, where | 518 |
is and both parties agree that the condition of said property and | 519 |
improvements will not be changed, altered, or modified between the | 520 |
time of executing this agreement and the date of closing. | 521 |
(I) This section expires one year after its effective date. | 522 |
Section 6. That Section 6 of Am. Sub. S.B. 147 of the 126th | 523 |
General Assembly be amended to read as follows: | 524 |
Sec. 6. (A) The Governor is hereby authorized to execute a | 525 |
deed in the name of the state conveying to the Columbus Board of | 526 |
Education, and its successors and assigns, all of the state's | 527 |
right, title, and interest in the following described real estate: | 528 |
Situated in the County of Franklin, in the State of Ohio, and | 529 |
in the City of Columbus. | 530 |
Parcel I: | 531 |
Being Lot Numbers One (1), Two (2), Three (3), Four (4), Five | 532 |
(5), and Six (6) of Leo Lesquereux' Subdivision of Lots Numbers 11 | 533 |
and 12 in William M. Awl's Addition to said City, as the same are | 534 |
numbered and delineated upon the recorded plat thereof, of record | 535 |
in Plat Book 2, Page 302, Recorder's Office, Franklin County, Ohio | 536 |
and: | 537 |
Being Lot Number Thirteen (13) in William M. Awl's Addition | 538 |
to the City of Columbus, as the same is numbered and delineated | 539 |
upon the recorded plat thereof, of record in Deed Book 26, Page | 540 |
187, Recorder's Office, Franklin County, Ohio. | 541 |
And together with all right, title and interest in and to | 542 |
Zettler Alley between Mound and Engler Streets, vacated by City of | 543 |
Columbus Ordinance No. 306-49, passed May 3, 1949. | 544 |
Source of Title: D.B. 1261, Page 173, D.B. 1029, Page 672, | 545 |
D.B. 756, page 294, D.B. 1286, page 179, and D.B. 3705, page 697. | 546 |
Parcel No. 21302 | 547 |
Parcel II: | 548 |
Being Lot Numbers Fourteen (14) and Fifteen (15) in William | 549 |
M. Awl's Addition to the City of Columbus, as the same are | 550 |
numbered and delineated upon the recorded plat thereof, of record | 551 |
in Deed Book 26, Page 187, Recorder's Office, Franklin County, | 552 |
Ohio. | 553 |
Together with all right, title and interest in and to Fieser | 554 |
Alley between Mound and Engler Streets, vacated by City of | 555 |
Columbus Ordinance No. 1410-66, passed October 10, 1966. | 556 |
Source of Title: D.B. 1926, Page 264, D.B. 2945, Page 12, | 557 |
D.B. 2830, page 97, and D.B. 3705, page 697. | 558 |
Parcel No. 13937 | Parcel No. 14004 | 559 | |
Parcel No. 14384 | Parcel No. 41202 | 560 | |
Parcel No. 13938 | Parcel No. 14156 | 561 |
Parcel III: | 562 |
Being Inlots Numbers Eight Hundred Thirty-five (835), Eight | 563 |
Hundred Thirty-six (836), Eight Hundred Sixty-one (861) and the | 564 |
easterly one-half of Inlot Number Eight Hundred Sixty-two (862) in | 565 |
Crosby's Inlots, as the same are numbered and delineated upon the | 566 |
recorded plat thereof, of record in Deed Book 11, Page 97, | 567 |
Recorder's Office, Franklin County, Ohio. | 568 |
Source of Title: D.B. 2830, Page 97, D.B. 2314, page 60, D.B. | 569 |
2945, Page 12, and D.B. 3705, Page 697. | 570 |
Parcel No. 41203 | Parcel No. 41199 | Parcel No. 46643 | 571 | |
Parcel No. 16481 | Parcel No. 21390 | Parcel No. 45539 | 572 | |
Parcel No. 5341 | Parcel No. 4909 | Parcel No. 49336 | 573 | |
Parcel No. 3863 | 574 |
Parcel IV: | 575 |
Being Lot Numbers Nineteen (19) and Twenty (20) of William M. | 576 |
Awl's ADDITION to the City of Columbus, as the same are numbered | 577 |
and delineated upon the recorded plat thereof, of record in Deed | 578 |
Book 26, Page 187, Recorder's Office, Franklin County, Ohio. | 579 |
Together with all right title and interest in Zettler Alley, | 580 |
vacated in the City of Columbus Ordinance No. 1410-66, passed | 581 |
October 10, 1966. | 582 |
Deed Volume 3705, Page 696, 697, and 698. Parcel No. 66681 | 583 |
(B) Consideration for the conveyance of the real estate | 584 |
described in division (A) of this section is the purchase price of | 585 |
$2,200,000.00. | 586 |
(C) Prior to the execution of the Governor's deed described | 587 |
in division (D) of this section, possession of the real estate | 588 |
described in division (A) of this section shall be governed by an | 589 |
existing lease between the Ohio Department of Administrative | 590 |
Services and Franklin County. | 591 |
(D) Upon payment of the purchase price, the Auditor of State, | 592 |
with the assistance of the Attorney General, shall prepare a deed | 593 |
to the real estate described in division (A) of this section. The | 594 |
deed shall state the consideration. The deed shall be executed by | 595 |
the Governor in the name of the state, countersigned by the | 596 |
Secretary of State, sealed with the Great Seal of the State, | 597 |
presented in the Office of the Auditor of State for recording, and | 598 |
delivered to the Columbus Board of Education. The Columbus Board | 599 |
of Education shall present the deed for recording in the Office of | 600 |
the Franklin County Recorder. | 601 |
(E) The Columbus Board of Education shall pay the costs of | 602 |
the conveyance of the real estate described in division (A) of | 603 |
this section. | 604 |
(F) This section shall expire three years after its effective | 605 |
date. | 606 |
Section 7. That existing Section 6 of Am. Sub. S.B. 147 of | 607 |
the 126th General Assembly is hereby repealed. | 608 |
Section 8. Sections 1, 2, 3, and 5 of this act shall take | 609 |
effect on the ninety-first day after the effective date of this | 610 |
act. | 611 |
Section 9. This act is hereby declared to be an emergency | 612 |
measure necessary for the immediate preservation of the public | 613 |
peace, health, and safety. The reason for the necessity is that | 614 |
immediate action is required to ensure the continued preservation | 615 |
of the Apple Creek Developmental Center real estate in East Union | 616 |
Township and to ensure that the sale of the property from the | 617 |
state to the Columbus Board of Education can be completed. | 618 |
Therefore, this act shall go into immediate effect. | 619 |