As Reported by the House Local and Municipal Government and Urban Revitalization Committee

126th General Assembly
Regular Session
2005-2006
Sub. S. B. No. 147


Senators Austria, Schuring, Armbruster, Grendell, Schuler 

Representatives Wolpert, Bubp, Combs, Daniels, Uecker 



A BILL
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


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

       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

       Situate 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 to a set Mag nail, the Point of Beginning of this 145
description; thence along new lines of division the following 146
three (3) courses: 1). N00°10'30"E, 560.61 feet to a set Cinergy 147
concrete monument, passing a set Cinergy concrete monument in the 148
north right-of-way line of Ohio State Route 63 @ 30.00 feet, 2). 149
S55°13'30"E, 403.34 feet to a set Cinergy concrete monument, 3). 150
S00°10'30"W, 331.58 feet to a set Mag nail in the centerline of 151
Ohio State Route 63, passing a set Cinergy concrete monument in 152
the north right-of-way line of Ohio State Route 63 @ 301.58 feet; 153
thence along south line of Section 30 and the centerline of Ohio 154
State Route 63, N89°49'30"W, 332.00 feet to the point of 155
beginning, containing 3.400 acres, more or less.156

       The above described 3.400 acre tract of land is a portion of 157
the 1001.93 acre tract of land owned by the State of Ohio and 158
recorded in Deed Book 124, Page 109, Second Parcel, of the Deed 159
Records of Warren County, Ohio. The above description is the 160
result of a field survey performed in February 2005 under the 161
direct supervision of Edward J. Schwegman, Registered Land 162
Surveyor No. 6868, State of Ohio.163

        (B) Consideration for the conveyance of the real estate 164
described in division (A) of this section is the purchase price of 165
$70,000.00.166

        (C) Prior to the execution of the Governor's deed under 167
division (E) of this section, possession of the real estate 168
described in division (A) of this section shall be governed by an 169
existing interim lease between the Ohio Department of 170
Administrative Services and Cincinnati Gas and Electric Company.171

        (D) The conveyance of the real estate described in division 172
(A) of this section shall be subject to the following conditions, 173
restrictions, and possibility of reverter:174

        (1) Cincinnati Gas and Electric Company shall construct and 175
operate an electrical substation on the real estate described in 176
division (A) of this section within five years after the execution 177
of the Governor's deed described in division (E) of this section, 178
and, if that construction is not completed within that five-year 179
period, all right, title, and interest in the real estate shall 180
revert to the state, for the use and benefit of the Ohio 181
Department of Rehabilitation and Correction, without the need for 182
any further action by the state.183

        (2) If Cincinnati Gas and Electric Company ceases to use the 184
real estate described in division (A) of this section for 185
substation purposes or if Cincinnati Gas and Electric Company 186
conveys or transfers the real estate described in division (A) of 187
this section to any non-utility owner, Cincinnati Gas and Electric 188
Company shall pay $200,000.00 to the Ohio Department of 189
Rehabilitation and Correction, provided that the state has 190
continuously owned and maintained an uninterrupted property 191
interest in real estate contiguous to the real estate described in 192
division (A) of this section at the time of the subsequent 193
conveyance or transfer.194

        (E) Upon payment of the purchase price, the Auditor of State, 195
with the assistance of the Attorney General, shall prepare a deed 196
to the real estate described in division (A) of this section. The 197
deed shall state the consideration, conditions, restrictions, and 198
possibility of reverter specified in this section. The deed shall 199
be executed by the Governor in the name of the state, 200
countersigned by the Secretary of State, sealed with the Great 201
Seal of the State, presented in the Office of the Auditor of State 202
for recording, and delivered to Cincinnati Gas and Electric 203
Company. Cincinnati Gas and Electric Company shall present the 204
deed for recording in the Office of the Warren County Recorder.205

        (F) Cincinnati Gas and Electric shall pay the costs of the 206
conveyance of the real estate described in division (A) of this 207
section.208

        (G) The net proceeds of the sale of the real estate described 209
in division (A) of this section shall be deposited in the state 210
treasury to the credit of the Department of Rehabilitation and 211
Correction Fund 148 Services and Agricultural Fund (Appropriation 212
Item 501-602) and shall be used to offset the loss of the 213
Department's agricultural croplands.214

        (H) This section shall expire one year after its effective 215
date.216

       Section 3. (A) The Governor is hereby authorized to execute a 217
deed in the name of the state conveying to the purchaser, and the 218
purchaser's heirs and assigns or successors and assigns, all of 219
the state's right, title, and interest in the following described 220
real estate:221

        Situated in the Village of Saint Martin, in the Township of 222
Perry, in the County of Brown, and the State of Ohio; and known as 223
being part of W. Hooper's Military Survey No. 1415, bounded and 224
described as follows:225

        Beginning at a reference point at a spike found at the 226
intersection of State Route No. 251 and Park Road;227

        Thence with the centerline of said Park Road, N. 84 degrees 228
32' 00" W. a distance of 198.06 feet to a spike found at the 229
northeast corner of the original 3.84 acres;230

        Thence with said centerline N. 84 degrees 32' 00" W. a 231
distance of 188.69 feet to spike set in said centerline and being 232
the real point of beginning;233

        Thence with a division line through the original 3.84 acres, 234
S. 4 degrees 53' 00" W. passing an iron pin set at 20.00 feet, a 235
distance of 250.01 feet to an iron pin set in the line of Raymond 236
Maher as recorded in Volume 101, page 57;237

        Thence with said Maher's line, N. 84 degrees 32' 00" W. a 238
distance of 175.00 feet to an iron pin set in said Maher's line;239

        Thence with a division line through the original 3.84 acres, 240
N. 4 degrees 53' 00" E. passing an iron pin set at 230.01 feet, a 241
distance of 250.01 feet to a spike set in the centerline of the 242
aforementioned Park Road;243

        Thence with said centerline, S. 84 degrees 32' 00" E. a 244
distance of 175.00 feet to the beginning, containing 1.004 Acres 245
more or less, being a part of the original 3.84 acres of the 246
premises transferred to Richard E. Rankin and Mary M. Rankin in 247
Volume 200, page 618, and subject to all legal highways and 248
easements. Bearings are magnetic and based upon the S. 84 degrees 249
32' 00" E. line as surveyed Robert E. Satterfield in November 250
1983.251

        (B) Consideration for the conveyance of the real estate 252
described in division (A) of this section shall be a purchase 253
price acceptable to the State Library of Ohio, following an 254
appraisal by one or more disinterested persons.255

        (C) Upon payment of the purchase price by the purchaser, the 256
Auditor of State, with the assistance of the Attorney General, 257
shall prepare a deed to the real estate described in division (A) 258
of this section. The deed shall state the consideration. The deed 259
shall be executed by the Governor in the name of the state, 260
countersigned by the Secretary of State, sealed with the Great 261
Seal of the State, presented in the Office of the Auditor of State 262
for recording, and delivered to the purchaser. The purchaser shall 263
present the deed for recording in the Office of the Brown County 264
Recorder.265

        (D) Advertising costs, appraisal fees, and all other costs of 266
the sale of the real estate described in division (A) of this 267
section shall be paid by the purchaser.268

        (E) This section shall expire three years after its effective 269
date.270

       Section 4. (A) The Governor is hereby authorized to execute a 271
deed in the name of the state conveying to the Columbus Board of 272
Education, and its successors and assigns, all of the state's 273
right, title, and interest in the following described real estate:274

        Situated in the County of Franklin, in the State of Ohio, and 275
in the City of Columbus.276

       Parcel I:277

        Being Lot Numbers One (1), Two (2), Three (3), Four (4), Five 278
(5), and Six (6) of Leo Lesquereux' Subdivision of Lots Numbers 11 279
and 12 in William M. Awl's Addition to said City, as the same are 280
numbered and delineated upon the recorded plat thereof, of record 281
in Plat Book 2, Page 302, Recorder's Office, Franklin County, Ohio 282
and:283

        Being Lot Number Thirteen (13) in William M. Awl's Addition 284
to the City of Columbus, as the same is numbered and delineated 285
upon the recorded plat thereof, of record in Deed Book 26, Page 286
187, Recorder's Office, Franklin County, Ohio.287

        And together with all right, title and interest in and to 288
Zettler Alley between Mound and Engler Streets, vacated by City of 289
Columbus Ordinance No. 306-49, passed May 3, 1949.290

        Source of Title: D.B. 1261, Page 173, D.B. 1029, Page 672, 291
D.B. 756, page 294, D.B. 1286, page 179, and D.B. 3705, page 697.292

        Parcel No. 21302293

       Parcel II:294

        Being Lot Numbers Fourteen (14) and Fifteen (15) in William 295
M. Awl's Addition to the City of Columbus, as the same are 296
numbered and delineated upon the recorded plat thereof, of record 297
in Deed Book 26, Page 187, Recorder's Office, Franklin County, 298
Ohio.299

        Together with all right, title and interest in and to Fieser 300
Alley between Mound and Engler Streets, vacated by City of 301
Columbus Ordinance No. 1410-66, passed October 10, 1966.302

        Source of Title: D.B. 1926, Page 264, D.B. 2945, Page 12, 303
D.B. 2830, page 97, and D.B. 3705, page 697.304

Parcel No. 13937 Parcel No. 14004 305
Parcel No. 14384 Parcel No. 41202 306
Parcel No. 13938 Parcel No. 14156 307

       Parcel III:308

        Being Inlots Numbers Eight Hundred Thirty-five (835), Eight 309
Hundred Thirty-six (836), Eight Hundred Sixty-one (861) and the 310
easterly one-half of Inlot Number Eight Hundred Sixty-two (862) in 311
Crosby's Inlots, as the same are numbered and delineated upon the 312
recorded plat thereof, of record in Deed Book 11, Page 97, 313
Recorder's Office, Franklin County, Ohio.314

        Source of Title: D.B. 2830, Page 97, D.B. 2314, page 60, D.B. 315
2945, Page 12, and D.B. 3705, Page 697.316

Parcel No. 41203 Parcel No. 41199 Parcel No. 46643 317
Parcel No. 16481 Parcel No. 21390 Parcel No. 45539 318
Parcel No. 5341 Parcel No. 4909 Parcel No. 49336 319
Parcel No. 3863 320

        (B) Consideration for the conveyance of the real estate 321
described in division (A) of this section is the purchase price of 322
$2,200,000.00.323

        (C) Prior to the execution of the Governor's deed described 324
in division (D) of this section, possession of the real estate 325
described in division (A) of this section shall be governed by an 326
existing lease between the Ohio Department of Administrative 327
Services and Franklin County.328

        (D) Upon payment of the purchase price, the Auditor of State, 329
with the assistance of the Attorney General, shall prepare a deed 330
to the real estate described in division (A) of this section. The 331
deed shall state the consideration. The deed shall be executed by 332
the Governor in the name of the state, countersigned by the 333
Secretary of State, sealed with the Great Seal of the State, 334
presented in the Office of the Auditor of State for recording, and 335
delivered to the Columbus Board of Education. The Columbus Board 336
of Education shall present the deed for recording in the Office of 337
the Franklin County Recorder.338

        (E) The Columbus Board of Education shall pay the costs of 339
the conveyance of the real estate described in division (A) of 340
this section.341

        (F) This section shall expire three years after its effective 342
date.343

       Section 5.  (A) The Governor is hereby authorized to execute 344
a deed in the name of the state conveying to the purchaser, and 345
the purchaser's heirs and assigns or successors and assigns, all 346
of the state's right, title, and interest in the following 347
described real estate:348

Situated in the State of Ohio, County of Clark and the Township of 349
Springfield, City of Springfield.350

       Being a part of the Southwest quarter of Section 351
twenty-three, Township five, Range nine and a part of the west 352
half of Section seventeen, Township five, Range nine, B.M.R.S.353

       Beginning at the intersection of the centerline of the Old 354
National Road (now the west bound lane of the New National Road) 355
with the East line of Section twenty-three;356

       thence with the centerline of said road S 86°30'W 20.0 feet;357

       thence parallel to the section line N 2°0'W 1000.0 feet to a 358
point;359

       thence N 86°30' E 20.0 feet to a point on the section line;360

       thence with the section line N 2°0' W 94.63 feet to a bar;361

       thence N 86°30' E 683.10 feet to a stake in the Ogden Road 362
right of way;363

       thence with said road S 2°0' E 525.05 feet to a point in the 364
road;365

       thence S 86°30' W 20.0 feet to a point;366

       thence parallel to the road S 2°0' E 569.58 feet to the 367
centerline of the Old National Road;368

       thence with said road S 86°30' W 663.10 feet to the place of 369
beginning, and containing seventeen and thirty-six hundredths 370
(17.36) Acres of land371

       Being a part of the same premises conveyed to said Board of 372
county commissioners of Clark County, Ohio, by the following:373

       Deed from Mary E. Kinnane dated August 20, 1920, and recorded 374
in Volume 170, page 464; Deed from the Board of County 375
Commissioners of Champaign County, Ohio dated January 30, 1925, 376
and recorded in Volume 239, Page 155; Deed from Board of 377
Commissioners of Greene County, Ohio dated January 30, 1925, and 378
recorded in Volume 239, Page 160; Deed from Board of County 379
Commissioners of Madison County, Ohio, dated January 30, 1925, and 380
recorded in Volume 239, page 153; all in the Deed Records of Clark 381
County, Prior Deed reference: Volume 568, Page 61.382

       (B) The Ohio Department of Mental Retardation and 383
Developmental Disabilities shall appraise the real estate 384
described in division (A) of this section or have it appraised by 385
one or more disinterested persons for a fee to be determined by 386
the Department.387

       (C) The Director of Administrative Services shall offer the 388
real estate described in division (A) of this section for sale as 389
follows:390

       (1) The Director shall review the appraisal, establish an 391
appraised value for the real estate, and provide notice to the 392
Ohio Department of Mental Retardation and Developmental 393
Disabilities of any interest expressed by any state entity in 394
acquiring the real estate at the appraised value. The Director 395
shall first offer the real estate at the appraised value to any 396
state entity that has expressed an interest in so acquiring the 397
real estate.398

       (2) If no state entity expresses an interest in acquiring the 399
real estate at the appraised value, or if a state entity accepts 400
the offer mentioned in division (C)(1) of this section but fails 401
to timely complete the purchase, the Director shall offer the real 402
estate to the Board of County Commissioners of Clark County at a 403
purchase price agreed upon by the Director and the Board of County 404
Commissioners.405

       (D) The real estate described in division (A) of this section 406
shall be sold as an entire parcel and not subdivided.407

       (E) Advertising costs, appraisal fees, and all other costs of 408
the sale of the real estate described in division (A) of this 409
section shall be paid by the Ohio Department of Mental Retardation 410
and Developmental Disabilities.411

       (F) Upon notice from the Director of Administrative Services 412
that the real estate described in division (A) of this section has 413
been sold in accordance with division (C) of this section, the 414
Auditor of State, with the assistance of the Attorney General, 415
shall prepare a deed to the real estate described in division (A) 416
of this section. The deed shall state the consideration. The deed 417
shall be executed by the Governor in the name of the state, 418
countersigned by the Secretary of State, sealed with the Great 419
Seal of the State, presented in the Office of the Auditor of State 420
for recording, and delivered to the purchaser. The purchaser shall 421
present the deed for recording in the Office of the Clark County 422
Recorder.423

       (G) The net proceeds of the sale of the real estate described 424
in division (A) of this section shall be deposited in the state 425
treasury to the credit of the Mental Health Facilities Improvement 426
Fund created in section 154.20 of the Revised Code and shall be 427
used to offset bond indebtedness for Springview Developmental 428
Center capital projects.429

       (H) This section shall expire two years after its effective 430
date.431

       Section 6. Sections 1, 2, 3, and 4 of this act shall take 432
effect on the ninety-first day after the effective date of this 433
act.434

       Section 7. This act is hereby declared to be an emergency 435
measure necessary for the immediate preservation of the public 436
peace, health, and safety. The reason for the necessity is that 437
immediate action is required to ensure the continued preservation 438
of the Springview Developmental Center real estate in Springfield 439
that is covered by one of the act's authorized conveyances. 440
Therefore, this act shall go into immediate effect. 441