|
|
| To authorize the conveyance of state-owned real | 1 |
| estate in Stark County to the City of Massillon, | 2 |
| in Warren County to Cincinnati Gas and Electric | 3 |
| Company, in Brown County to a purchaser to be | 4 |
| determined, in Franklin County to the Columbus | 5 |
| Board of Education, and in Clark County to a | 6 |
| purchaser to be determined, and to declare an | 7 |
| emergency. | 8 |
| Section 1. (A) The Governor is hereby authorized to execute | 9 |
| a deed in the name of the state conveying to the City of | 10 |
| Massillon, and its successors and assigns, all of the state's | 11 |
| right, title, and interest in the following described real estate: | 12 |
| Situated in the State of Ohio, County of Stark and City of | 13 |
| Massillon and being part of Out Lot 560 and part of Out Lot 566 of | 14 |
| said City of Massillon now or formerly owned by the State of Ohio | 15 |
| (293:81) and being further described as follows: | 16 |
| Commencing for reference at a County Monument found at the | 17 |
| southwest corner of Out Lot 704 of said City of Massillon, | 18 |
| formerly known as the northeast corner of the Southeast Quarter of | 19 |
| Section 20 of Perry Township; | 20 |
| Thence S01°47'25"W along the east line of said Southeast | 21 |
| Quarter Section 20, a distance of 1299.65 feet to the True Place | 22 |
| of Beginning of the parcel herein described: | 23 |
| 1. Thence N51°30'13"E, a distance of 16.21 feet to a "+" with | 24 |
| drill hole set; | 25 |
| 2. Thence S66°46'01"E, a distance of 248.35 feet to a 5/8" | 26 |
| bar found; | 27 |
| 3. Thence S53°12'31"E, a distance of 265.96 feet to a 5/8" | 28 |
| bar set; | 29 |
| 4. Thence S73°18'57"E, a distance of 201.68 feet to a 5/8" | 30 |
| bar set; | 31 |
| 5. Thence S03°10'50"W, a distance of 201.84 feet to a 5/8" | 32 |
| bar found; | 33 |
| 6. Thence S21°23;33"W, a distance of 814.43 feet to a 5/8" | 34 |
| bar found; | 35 |
| 7. Thence S00°09'28"W, a distance of 154.99 feet (passing | 36 |
| over a 5/8" bar found at a distance of 87.22 feet); | 37 |
| 8. Thence along the arc of a curve to the right having a | 38 |
| radius of 2889.79 feet, a central angle of 00°23'05", a tangent of | 39 |
| 9.70 feet, a chord of 19.40 bearing S89°50'09"W, a distance of | 40 |
| 19.40 feet; | 41 |
| 9. Thence N89°26'49"W along the south line of said State of | 42 |
| Ohio parcel, a distance of 343.31 feet; | 43 |
| 10. Thence N02°01'19"E, a distance of 29.57 feet; | 44 |
| 11. Thence N88°33'07"W along the south line of said State of | 45 |
| Ohio parcel, a distance of 20.00 feet; | 46 |
| 12. Thence N88°33'07"W along the south line of said State of | 47 |
| Ohio parcel, a distance of 312.62 feet; | 48 |
| 13. Thence N24°04'58"E, a distance of 428.05 feet (passing | 49 |
| over a 5/8" bar set at a distance of 32.50 feet) to a 5/8" bar | 50 |
| set; | 51 |
| 14. Thence along the arc of a curve to the left having a | 52 |
| radius of 622.00 feet, a central angle of 25°00'00", a tangent of | 53 |
| 137.89 feet, a chord of 269.25 feet bearing N 11°34'56"E, a | 54 |
| distance of 271.40 to a 5/8" bar set; | 55 |
| 15. Thence N06°53'39"E, a distance of 161.40 feet to a 5/8" | 56 |
| bar set; | 57 |
| 16. Thence N02°14'37"E, a distance of 171.99 feet to a mag | 58 |
| nail set; | 59 |
| 17. Thence N08°50'56"W, a distance of 185.42 feet to a 5/8" | 60 |
| bar set; | 61 |
| 18. Thence N25°26'32"E, a distance of 188.34 feet to a 5/8" | 62 |
| bar set; | 63 |
| 19. Thence N51°30'13"E, a distance of 62.06 feet to the True | 64 |
| Place of Beginning and containing 19.962 acres of which 0.767 of | 65 |
| an acre is in said Out Lot 566 and 19.205 acres are in said Out | 66 |
| Lot 560 as surveyed by Ronald C. Hinton, S-6270 in November, 2000. | 67 |
| Subject to the right of way of Nave Street containing 0.767 | 68 |
| of an acre. Basis of Bearings from State Plane Coordinate System. | 69 |
| (B) Consideration for the conveyance of the real estate | 70 |
| described in division (A) of this section is the purchase price of | 71 |
| $579,000.00. The purchase price shall be paid to the state | 72 |
| according to the following schedule as derived by mutual agreement | 73 |
| between the state and the City of Massillon through an executed | 74 |
| Offer to Purchase: | 75 |
| (1) $300,000.00 at closing and transfer of title in | 76 |
| accordance with this section. | 77 |
| (2) $69,750.00 due and payable on December 1, 2005. | 78 |
| (3) $69,750.00 due and payable on December 1, 2006. | 79 |
| (4) $69,750.00 due and payable on December 1, 2007. | 80 |
| (5) $69,750.00 due and payable on December 1, 2008. | 81 |
| (C) The real estate described in division (A) of this section | 82 |
| shall be sold as an entire tract and not in parcels. | 83 |
| (D) Prior to the execution of the Governor's deed under | 84 |
| division (F) of this section, possession of the real estate | 85 |
| described in division (A) of this section shall be governed by an | 86 |
| existing interim lease between the Ohio Department of | 87 |
| Administrative Services and the City of Massillon. | 88 |
| (E) The conveyance of the real estate described in division | 89 |
| (A) of this section is subject to the following conditions and | 90 |
| restrictions: | 91 |
| (1) The City of Massillon shall receive written approval from | 92 |
| the Ohio Department of Mental Health to use or develop the real | 93 |
| estate described in division (A) of this section for any purpose | 94 |
| other than a municipal park, a municipal office space, or an | 95 |
| educational or recreational use. | 96 |
| (2) The City of Massillon covenants that, during any period | 97 |
| that any bonds issued by the state to finance or refinance all or | 98 |
| any portion of the real estate described in division (A) of this | 99 |
| section are outstanding, no portion of the real estate will be | 100 |
| used for a private business use without the prior written consent | 101 |
| of the state. | 102 |
| (3) The City of Massillon shall not sell, convey, or transfer | 103 |
| ownership of the real estate described in division (A) of this | 104 |
| section before January 1, 2010, or before receiving written | 105 |
| confirmation from the state that all of the state's bonded capital | 106 |
| indebtedness associated with any of the buildings located on the | 107 |
| real estate described in division (A) of this section has been | 108 |
| fully retired. | 109 |
| (4) The City of Massillon agrees to execute at or before the | 110 |
| execution of the Governor's deed described in division (F) of this | 111 |
| section ingress/egress easements prepared by the Department of | 112 |
| Administrative Services to permit continued use of existing | 113 |
| driveways along the eastern boundary of the real estate described | 114 |
| in division (A) of this section and to permit secondary access | 115 |
| from adjacent state-owned property to Nave Road, a public, | 116 |
| dedicated street. | 117 |
| (F) Upon the City of Massillon's payment of $300,000.00 | 118 |
| pursuant to division (B) of this section, the Auditor of State, | 119 |
| with the assistance of the Attorney General, shall prepare a deed | 120 |
| to the real estate described in division (A) of this section. The | 121 |
| deed shall state the consideration, conditions, and restrictions | 122 |
| specified in this section. The deed shall be executed by the | 123 |
| Governor in the name of the state, countersigned by the Secretary | 124 |
| of State, sealed with the Great Seal of the State, presented in | 125 |
| the Office of the Auditor of State for recording, and delivered to | 126 |
| the City of Massillon. The City of Massillon shall present the | 127 |
| deed for recording in the Office of the Stark County Recorder. | 128 |
| (G) The City of Massillon shall pay the costs of the | 129 |
| conveyance of the real estate described in division (A) of this | 130 |
| section. | 131 |
| (H) This section shall expire one year after its effective | 132 |
| date. | 133 |
| Section 2. (A) The Governor is hereby authorized to execute a | 134 |
| deed in the name of the state conveying to Cincinnati Gas and | 135 |
| Electric Company, and its successors and assigns, all of the | 136 |
| state's right, title, and interest in the following described real | 137 |
| estate: | 138 |
| Situated in Section 30, Township 4, Range 3 between the Miami | 139 |
| Rivers, Warren County, Ohio and being more particularly described | 140 |
| as follows: | 141 |
| Commencing at the southwest corner of Section 30, Township 4, | 142 |
| Range 3 in the centerline of Ohio State Route 63; thence along the | 143 |
| south line of said section and said centerline, S89°49'30"E, | 144 |
| 1931.13 feet; thence N00°10'30"E, 30.00 feet to a set Cinergy | 145 |
| concrete monument in the north right-of-way line of Ohio State | 146 |
| Route 63, the Point of Beginning of this description; thence | 147 |
| continuing N00°10'30"E, 559.03 feet to a set Cinergy concrete | 148 |
| monument in the northerly line of an electric transmission tower | 149 |
| line easement, 150.00 feet in width, recorded in Deed Book 350, | 150 |
| Page 283 of the Deed Records of Warren County, Ohio; thence | 151 |
| continuing along said northerly line S55°13'30"E, 403.34 feet to a | 152 |
| set Cinergy concrete monument; thence S00°10'30"W, 330.00 feet to | 153 |
| a set Cinergy concrete monument in the north right-of-way line of | 154 |
| Ohio State Route 63, said monument being N00°10'30"E 30.00 feet | 155 |
| from the south line of the aforementioned Section 30; thence along | 156 |
| the northerly right-of-way line of Ohio State Route 63, | 157 |
| N89°49'30"W, 332.00 feet to the point of beginning, containing | 158 |
| 3.388 acres, more or less. | 159 |
| The above described 3.388 acre tract of land is a portion of | 160 |
| the 1001.93 acre tract of land owned by the State of Ohio and | 161 |
| recorded in Deed Book 124, Page 109, Second Parcel, of the Deed | 162 |
| Records of Warren County, Ohio. The above description is the | 163 |
| result of a field survey performed in February 2005 under the | 164 |
| direct supervision of Edward J. Schwegman, Registered Land | 165 |
| Surveyor No. 6868, State of Ohio. | 166 |
| (B) Consideration for the conveyance of the real estate | 167 |
| described in division (A) of this section is the purchase price of | 168 |
| $70,000.00. | 169 |
| (C) Prior to the execution of the Governor's deed under | 170 |
| division (E) of this section, possession of the real estate | 171 |
| described in division (A) of this section shall be governed by an | 172 |
| existing interim lease between the Ohio Department of | 173 |
| Administrative Services and Cincinnati Gas and Electric Company. | 174 |
| (D) The conveyance of the real estate described in division | 175 |
| (A) of this section shall be subject to the following conditions, | 176 |
| restrictions, and possibility of reverter: | 177 |
| (1) Cincinnati Gas and Electric Company shall construct and | 178 |
| operate an electrical substation on the real estate described in | 179 |
| division (A) of this section within five years after the execution | 180 |
| of the Governor's deed described in division (E) of this section, | 181 |
| and, if that construction is not completed within that five-year | 182 |
| period, all right, title, and interest in the real estate shall | 183 |
| revert to the state, for the use and benefit of the Ohio | 184 |
| Department of Rehabilitation and Correction, without the need for | 185 |
| any further action by the state. | 186 |
| (2) If Cincinnati Gas and Electric Company ceases to use the | 187 |
| real estate described in division (A) of this section for | 188 |
| substation purposes or if Cincinnati Gas and Electric Company | 189 |
| conveys or transfers the real estate described in division (A) of | 190 |
| this section to any non-utility owner, Cincinnati Gas and Electric | 191 |
| Company shall pay $200,000.00 to the Ohio Department of | 192 |
| Rehabilitation and Correction, provided that the state has | 193 |
| continuously owned and maintained an uninterrupted property | 194 |
| interest in real estate contiguous to the real estate described in | 195 |
| division (A) of this section at the time of the subsequent | 196 |
| conveyance or transfer. | 197 |
| (E) Upon payment of the purchase price, the Auditor of State, | 198 |
| with the assistance of the Attorney General, shall prepare a deed | 199 |
| to the real estate described in division (A) of this section. The | 200 |
| deed shall state the consideration, conditions, restrictions, and | 201 |
| possibility of reverter specified in this section. The deed shall | 202 |
| be executed by the Governor in the name of the state, | 203 |
| countersigned by the Secretary of State, sealed with the Great | 204 |
| Seal of the State, presented in the Office of the Auditor of State | 205 |
| for recording, and delivered to Cincinnati Gas and Electric | 206 |
| Company. Cincinnati Gas and Electric Company shall present the | 207 |
| deed for recording in the Office of the Warren County Recorder. | 208 |
| (F) Cincinnati Gas and Electric shall pay the costs of the | 209 |
| conveyance of the real estate described in division (A) of this | 210 |
| section. | 211 |
| (G) The net proceeds of the sale of the real estate described | 212 |
| in division (A) of this section shall be deposited in the state | 213 |
| treasury to the credit of the Department of Rehabilitation and | 214 |
| Correction Fund 148 Services and Agricultural Fund (Appropriation | 215 |
| Item 501-602) and shall be used to offset the loss of the | 216 |
| Department's agricultural croplands. | 217 |
| (H) This section shall expire one year after its effective | 218 |
| date. | 219 |
| Section 3. (A) The Governor is hereby authorized to execute a | 220 |
| deed in the name of the state conveying to the purchaser, and the | 221 |
| purchaser's heirs and assigns or successors and assigns, all of | 222 |
| the state's right, title, and interest in the following described | 223 |
| real estate: | 224 |
| Situated in the Village of Saint Martin, in the Township of | 225 |
| Perry, in the County of Brown, and the State of Ohio; and known as | 226 |
| being part of W. Hooper's Military Survey No. 1415, bounded and | 227 |
| described as follows: | 228 |
| Beginning at a reference point at a spike found at the | 229 |
| intersection of State Route No. 251 and Park Road; | 230 |
| Thence with the centerline of said Park Road, N. 84 degrees | 231 |
| 32' 00" W. a distance of 198.06 feet to a spike found at the | 232 |
| northeast corner of the original 3.84 acres; | 233 |
| Thence with said centerline N. 84 degrees 32' 00" W. a | 234 |
| distance of 188.69 feet to spike set in said centerline and being | 235 |
| the real point of beginning; | 236 |
| Thence with a division line through the original 3.84 acres, | 237 |
| S. 4 degrees 53' 00" W. passing an iron pin set at 20.00 feet, a | 238 |
| distance of 250.01 feet to an iron pin set in the line of Raymond | 239 |
| Maher as recorded in Volume 101, page 57; | 240 |
| Thence with said Maher's line, N. 84 degrees 32' 00" W. a | 241 |
| distance of 175.00 feet to an iron pin set in said Maher's line; | 242 |
| Thence with a division line through the original 3.84 acres, | 243 |
| N. 4 degrees 53' 00" E. passing an iron pin set at 230.01 feet, a | 244 |
| distance of 250.01 feet to a spike set in the centerline of the | 245 |
| aforementioned Park Road; | 246 |
| Thence with said centerline, S. 84 degrees 32' 00" E. a | 247 |
| distance of 175.00 feet to the beginning, containing 1.004 Acres | 248 |
| more or less, being a part of the original 3.84 acres of the | 249 |
| premises transferred to Richard E. Rankin and Mary M. Rankin in | 250 |
| Volume 200, page 618, and subject to all legal highways and | 251 |
| easements. Bearings are magnetic and based upon the S. 84 degrees | 252 |
| 32' 00" E. line as surveyed Robert E. Satterfield in November | 253 |
| 1983. | 254 |
| (B) Consideration for the conveyance of the real estate | 255 |
| described in division (A) of this section shall be a purchase | 256 |
| price acceptable to the State Library of Ohio, following an | 257 |
| appraisal by one or more disinterested persons. | 258 |
| (C) Upon payment of the purchase price by the purchaser, the | 259 |
| Auditor of State, with the assistance of the Attorney General, | 260 |
| shall prepare a deed to the real estate described in division (A) | 261 |
| of this section. The deed shall state the consideration. The deed | 262 |
| shall be executed by the Governor in the name of the state, | 263 |
| countersigned by the Secretary of State, sealed with the Great | 264 |
| Seal of the State, presented in the Office of the Auditor of State | 265 |
| for recording, and delivered to the purchaser. The purchaser shall | 266 |
| present the deed for recording in the Office of the Brown County | 267 |
| Recorder. | 268 |
| (D) Advertising costs, appraisal fees, and all other costs of | 269 |
| the sale of the real estate described in division (A) of this | 270 |
| section shall be paid by the purchaser. | 271 |
| (E) This section shall expire three years after its effective | 272 |
| date. | 273 |
| Section 4. (A) The Governor is hereby authorized to execute a | 274 |
| deed in the name of the state conveying to the Columbus Board of | 275 |
| Education, and its successors and assigns, all of the state's | 276 |
| right, title, and interest in the following described real estate: | 277 |
| Situated in the County of Franklin, in the State of Ohio, and | 278 |
| in the City of Columbus. | 279 |
| Parcel I: | 280 |
| Being Lot Numbers One (1), Two (2), Three (3), Four (4), Five | 281 |
| (5), and Six (6) of Leo Lesquereux' Subdivision of Lots Numbers 11 | 282 |
| and 12 in William M. Awl's Addition to said City, as the same are | 283 |
| numbered and delineated upon the recorded plat thereof, of record | 284 |
| in Plat Book 2, Page 302, Recorder's Office, Franklin County, Ohio | 285 |
| and: | 286 |
| Being Lot Number Thirteen (13) in William M. Awl's Addition | 287 |
| to the City of Columbus, as the same is numbered and delineated | 288 |
| upon the recorded plat thereof, of record in Deed Book 26, Page | 289 |
| 187, Recorder's Office, Franklin County, Ohio. | 290 |
| And together with all right, title and interest in and to | 291 |
| Zettler Alley between Mound and Engler Streets, vacated by City of | 292 |
| Columbus Ordinance No. 306-49, passed May 3, 1949. | 293 |
| Source of Title: D.B. 1261, Page 173, D.B. 1029, Page 672, | 294 |
| D.B. 756, page 294, D.B. 1286, page 179, and D.B. 3705, page 697. | 295 |
| Parcel No. 21302 | 296 |
| Parcel II: | 297 |
| Being Lot Numbers Fourteen (14) and Fifteen (15) in William | 298 |
| M. Awl's Addition to the City of Columbus, as the same are | 299 |
| numbered and delineated upon the recorded plat thereof, of record | 300 |
| in Deed Book 26, Page 187, Recorder's Office, Franklin County, | 301 |
| Ohio. | 302 |
| Together with all right, title and interest in and to Fieser | 303 |
| Alley between Mound and Engler Streets, vacated by City of | 304 |
| Columbus Ordinance No. 1410-66, passed October 10, 1966. | 305 |
| Source of Title: D.B. 1926, Page 264, D.B. 2945, Page 12, | 306 |
| D.B. 2830, page 97, and D.B. 3705, page 697. | 307 |
| Parcel No. 13937 | Parcel No. 14004 | 308 | |
| Parcel No. 14384 | Parcel No. 41202 | 309 | |
| Parcel No. 13938 | Parcel No. 14156 | 310 |
| Parcel III: | 311 |
| Being Inlots Numbers Eight Hundred Thirty-five (835), Eight | 312 |
| Hundred Thirty-six (836), Eight Hundred Sixty-one (861) and the | 313 |
| easterly one-half of Inlot Number Eight Hundred Sixty-two (862) in | 314 |
| Crosby's Inlots, as the same are numbered and delineated upon the | 315 |
| recorded plat thereof, of record in Deed Book 11, Page 97, | 316 |
| Recorder's Office, Franklin County, Ohio. | 317 |
| Source of Title: D.B. 2830, Page 97, D.B. 2314, page 60, D.B. | 318 |
| 2945, Page 12, and D.B. 3705, Page 697. | 319 |
| Parcel No. 41203 | Parcel No. 41199 | Parcel No. 46643 | 320 | |
| Parcel No. 16481 | Parcel No. 21390 | Parcel No. 45539 | 321 | |
| Parcel No. 5341 | Parcel No. 4909 | Parcel No. 49336 | 322 | |
| Parcel No. 3863 | 323 |
| (B) Consideration for the conveyance of the real estate | 324 |
| described in division (A) of this section is the purchase price of | 325 |
| $2,200,000.00. | 326 |
| (C) Prior to the execution of the Governor's deed described | 327 |
| in division (D) of this section, possession of the real estate | 328 |
| described in division (A) of this section shall be governed by an | 329 |
| existing lease between the Ohio Department of Administrative | 330 |
| Services and Franklin County. | 331 |
| (D) Upon payment of the purchase price, the Auditor of State, | 332 |
| with the assistance of the Attorney General, shall prepare a deed | 333 |
| to the real estate described in division (A) of this section. The | 334 |
| deed shall state the consideration. The deed shall be executed by | 335 |
| the Governor in the name of the state, countersigned by the | 336 |
| Secretary of State, sealed with the Great Seal of the State, | 337 |
| presented in the Office of the Auditor of State for recording, and | 338 |
| delivered to the Columbus Board of Education. The Columbus Board | 339 |
| of Education shall present the deed for recording in the Office of | 340 |
| the Franklin County Recorder. | 341 |
| (E) The Columbus Board of Education shall pay the costs of | 342 |
| the conveyance of the real estate described in division (A) of | 343 |
| this section. | 344 |
| (F) This section shall expire three years after its effective | 345 |
| date. | 346 |
| Section 5. (A) The Governor is hereby authorized to execute | 347 |
| a deed in the name of the state conveying to the purchaser, and | 348 |
| the purchaser's heirs and assigns or successors and assigns, all | 349 |
| of the state's right, title, and interest in the following | 350 |
| described real estate: | 351 |
| Situated in the State of Ohio, County of Clark and the Township of | 352 |
| Springfield, City of Springfield. | 353 |
| Being a part of the Southwest quarter of Section | 354 |
| twenty-three, Township five, Range nine and a part of the west | 355 |
| half of Section seventeen, Township five, Range nine, B.M.R.S. | 356 |
| Beginning at the intersection of the centerline of the Old | 357 |
| National Road (now the west bound lane of the New National Road) | 358 |
| with the East line of Section twenty-three; | 359 |
| thence with the centerline of said road S 86°30'W 20.0 feet; | 360 |
| thence parallel to the section line N 2°0'W 1000.0 feet to a | 361 |
| point; | 362 |
| thence N 86°30' E 20.0 feet to a point on the section line; | 363 |
| thence with the section line N 2°0' W 94.63 feet to a bar; | 364 |
| thence N 86°30' E 683.10 feet to a stake in the Ogden Road | 365 |
| right of way; | 366 |
| thence with said road S 2°0' E 525.05 feet to a point in the | 367 |
| road; | 368 |
| thence S 86°30' W 20.0 feet to a point; | 369 |
| thence parallel to the road S 2°0' E 569.58 feet to the | 370 |
| centerline of the Old National Road; | 371 |
| thence with said road S 86°30' W 663.10 feet to the place of | 372 |
| beginning, and containing seventeen and thirty-six hundredths | 373 |
| (17.36) Acres of land | 374 |
| Being a part of the same premises conveyed to said Board of | 375 |
| county commissioners of Clark County, Ohio, by the following: | 376 |
| Deed from Mary E. Kinnane dated August 20, 1920, and recorded | 377 |
| in Volume 170, page 464; Deed from the Board of County | 378 |
| Commissioners of Champaign County, Ohio dated January 30, 1925, | 379 |
| and recorded in Volume 239, Page 155; Deed from Board of | 380 |
| Commissioners of Greene County, Ohio dated January 30, 1925, and | 381 |
| recorded in Volume 239, Page 160; Deed from Board of County | 382 |
| Commissioners of Madison County, Ohio, dated January 30, 1925, and | 383 |
| recorded in Volume 239, page 153; all in the Deed Records of Clark | 384 |
| County, Prior Deed reference: Volume 568, Page 61. | 385 |
| (B) The Ohio Department of Mental Retardation and | 386 |
| Developmental Disabilities shall appraise the real estate | 387 |
| described in division (A) of this section or have it appraised by | 388 |
| one or more disinterested persons for a fee to be determined by | 389 |
| the Department. | 390 |
| (C) The Director of Administrative Services shall offer the | 391 |
| real estate described in division (A) of this section for sale as | 392 |
| follows: | 393 |
| (1) The Director shall review the appraisal, establish an | 394 |
| appraised value for the real estate, and provide notice to the | 395 |
| Ohio Department of Mental Retardation and Developmental | 396 |
| Disabilities of any interest expressed by any state entity in | 397 |
| acquiring the real estate at the appraised value. The Director | 398 |
| shall first offer the real estate at the appraised value to any | 399 |
| state entity that has expressed an interest in so acquiring the | 400 |
| real estate. | 401 |
| (2) If no state entity expresses an interest in acquiring the | 402 |
| real estate at the appraised value, or if a state entity accepts | 403 |
| the offer mentioned in division (C)(1) of this section but fails | 404 |
| to timely complete the purchase, the Director shall offer the real | 405 |
| estate at the appraised value to the Board of County Commissioners | 406 |
| of Clark County. | 407 |
| (3) If, after thirty days, the Board of County Commissioners | 408 |
| of Clark County does not accept such an offer to purchase the real | 409 |
| estate at the appraised value, or if the Board accepts the offer | 410 |
| but fails to timely complete the purchase, the Director shall | 411 |
| offer the real estate at the appraised value to the City of | 412 |
| Springfield. | 413 |
| (4)(a) If, after thirty days, the City of Springfield does | 414 |
| not accept such an offer to purchase the real estate at the | 415 |
| appraised value, or if the City of Springfield accepts the offer | 416 |
| but fails to timely complete the purchase, a public auction of the | 417 |
| real estate shall be held in accordance with division (C)(4)(c) of | 418 |
| this section and with a required sale price of not less than | 419 |
| two-thirds of the appraised value. | 420 |
| (b) If, after a public auction as provided for in division | 421 |
| (C)(4)(a) of this section, no bids for at least two-thirds of the | 422 |
| appraised value are received, a second public auction shall be | 423 |
| held in accordance with division (C)(4)(c) of this section, and | 424 |
| the real estate shall be sold, subject to that division, to the | 425 |
| highest bidder at a price acceptable to both the Director of | 426 |
| Administrative Services and the Ohio Department of Mental | 427 |
| Retardation and Developmental Disabilities. | 428 |
| (c) The Director may reject any and all bids at a public | 429 |
| auction under division (C)(4)(a) or (b) of this section. The | 430 |
| Director shall advertise each auction in a newspaper of general | 431 |
| circulation in Clark County once a week for three consecutive | 432 |
| weeks immediately prior to the date of the auction. The terms of | 433 |
| sale of the real estate at an auction shall be ten per cent of the | 434 |
| purchase price in cash, bank draft, or certified check on the date | 435 |
| of sale, with the balance payable within sixty days after the date | 436 |
| of sale. A purchaser who does not complete the conditions of the | 437 |
| sale as stipulated in this section shall forfeit the ten per cent | 438 |
| of the purchase price paid on the date of sale to the state as | 439 |
| liquidated damages. | 440 |
| (D) The real estate described in division (A) of this section | 441 |
| shall be sold as an entire parcel and not subdivided. | 442 |
| (E) Advertising costs, appraisal fees, and all other costs of | 443 |
| the sale of the real estate described in division (A) of this | 444 |
| section shall be paid by the Ohio Department of Mental Retardation | 445 |
| and Developmental Disabilities. | 446 |
| (F) Upon payment of ten per cent of the purchase price in | 447 |
| accordance with division (C) of this section, or upon notice from | 448 |
| the Director of Administrative Services that the real estate | 449 |
| described in division (A) of this section has been sold other than | 450 |
| at a public auction in accordance with division (C) of this | 451 |
| section, the Auditor of State, with the assistance of the Attorney | 452 |
| General, shall prepare a deed to the real estate described in | 453 |
| division (A) of this section. The deed shall state the | 454 |
| consideration. The deed shall be executed by the Governor in the | 455 |
| name of the state, countersigned by the Secretary of State, sealed | 456 |
| with the Great Seal of the State, presented in the Office of the | 457 |
| Auditor of State for recording, and delivered to the purchaser | 458 |
| upon the payment of the balance of the purchase price. The | 459 |
| purchaser shall present the deed for recording in the Office of | 460 |
| the Clark County Recorder. | 461 |
| (G) The net proceeds of the sale of the real estate described | 462 |
| in division (A) of this section shall be deposited in the state | 463 |
| treasury to the credit of the Mental Health Facilities Improvement | 464 |
| Fund created in section 154.20 of the Revised Code and shall be | 465 |
| used to offset bond indebtedness for Springview Developmental | 466 |
| Center capital projects. | 467 |
| (H) This section shall expire two years after its effective | 468 |
| date. | 469 |
| Section 6. Sections 1, 2, 3, and 4 of this act shall take | 470 |
| effect on the ninety-first day after the effective date of this | 471 |
| act. | 472 |
| Section 7. This act is hereby declared to be an emergency | 473 |
| measure necessary for the immediate preservation of the public | 474 |
| peace, health, and safety. The reason for the necessity is that | 475 |
| immediate action is required to ensure the continued preservation | 476 |
| of the Springview Developmental Center real estate in Springfield | 477 |
| that is covered by one of the act's authorized conveyances. | 478 |
| Therefore, this act shall go into immediate effect. | 479 |