As Passed by the Senate

129th General Assembly
Regular Session
2011-2012
Sub. H. B. No. 274


Representative Letson 

Cosponsors: Representatives Bubp, Antonio, Brenner, Combs, Derickson, Foley, Mallory, Milkovich, Murray, O'Brien, Okey, Ramos, Szollosi, Winburn, Yuko Speaker Batchelder 

Senators Obhof, LaRose, Wagoner 



A BILL
To amend section 5301.057 of the Revised Code to 1
provide that a transfer fee for purposes of a 2
transfer fee covenant does not include any payment 3
required pursuant to a conservation easement or 4
agricultural easement, to authorize the conveyance 5
of the water rights of certain state-owned real 6
estate to the Wayne County Board of County 7
Commissioners, and to authorize the conveyance of 8
state-owned real estate in Richland County to the 9
Mansfield Reformatory Preservation Society.10


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

       Section 1. That section 5301.057 of the Revised Code be 11
amended to read as follows:12

       Sec. 5301.057.  (A) As used in this section:13

       (1) "Environmental covenant" means a14

       (a) A servitude that imposes activity and use limitations on 15
real property and meets the requirements of section 5301.82 of the 16
Revised Code;17

       (b) A conservation easement or agricultural easement as 18
defined in section 5301.67 of the Revised Code.19

       (2) "Transfer" means the sale, gift, conveyance, assignment, 20
inheritance, or other transfer of an ownership interest in real 21
property located in this state.22

       (3) "Transfer fee" means a fee or charge required by a 23
transfer fee covenant and payable upon the transfer of an interest 24
in real property, or payable for the right to make or accept such 25
a transfer, regardless of whether the fee or charge is a fixed 26
amount or is determined as a percentage of the value of the 27
property, the purchase price, or other consideration given for the 28
transfer. The following are not transfer fees for purposes of this 29
section:30

       (a) Any consideration payable by the grantee to the grantor 31
for the interest in real property being transferred. For the 32
purposes of division (A)(3)(a) of this section, an interest in 33
real property includes a separate mineral estate and its 34
appurtenant surface access rights.35

       (b) Any commission payable to a licensed real estate broker 36
for the transfer of real property pursuant to an agreement between 37
the broker and the grantor or the grantee, including any 38
subsequent additional commission for that transfer payable by the 39
grantor or the grantee based upon any subsequent appreciation, 40
development, or sale of real property;41

       (c) Any interest, charges, fees, or other amounts payable by 42
a borrower to a lender pursuant to a loan secured by a mortgage 43
against real property;44

       (d) Any rent, reimbursement, charge, fee, or other amount 45
payable by a lessee to a lessor under a lease;46

       (e) Any consideration payable to the holder of an option to 47
purchase an interest in real property or the holder of a right of 48
first refusal or first offer to purchase an interest in real 49
property for waiving, releasing, or not exercising the option or 50
right upon the transfer of the property to another person;51

       (f) Any tax, fee, charge, assessment, fine, or other amount 52
payable to or imposed by a governmental authority;53

       (g) Any fee, charge, assessment, fine, or other amount 54
payable to a homeowners, condominium, cooperative, mobile home, or 55
property owners association pursuant to a declaration or covenant 56
or law applicable to the association;57

       (h) Any payment required pursuant to an environmental 58
covenant.59

       (4) "Transfer fee covenant" means a declaration or covenant 60
recorded against the title to real property that requires or 61
purports to require the payment of a transfer fee to the declarant 62
or other person specified in the declaration or covenant or to 63
their successors or assigns upon a subsequent transfer of an 64
interest in the real property.65

       (B) A transfer fee covenant recorded in this state on or 66
after the effective date of this sectionSeptember 13, 2010, does 67
not run with the title to real property and is not binding on or 68
enforceable against any subsequent owner, purchaser, or mortgagee 69
of any interest in real property as an equitable servitude or 70
otherwise. 71

       (C) Any lien purporting to secure the payment of a transfer 72
fee under a transfer fee covenant that is recorded in this state 73
on or after the effective date of this sectionSeptember 13, 2010,74
is void.75

       Section 2. That existing section 5301.057 of the Revised Code 76
is hereby repealed.77

       Section 3.  (A) The Governor is authorized to execute a deed 78
in the name of the state conveying to the Wayne County Board of 79
County Commissioners, and its successors and assigns, the water 80
rights in the following described real estate (hereinafter 81
referred to as the "premises") as retained by the state in the 82
deed filed on August 2, 1995, in the Official Record, Volume 720, 83
Page 772, of the Wayne County Recorder's Office:84

Parcel 1
85

       Situated in the Township of East Union, County of Wayne, 86
State of Ohio and known as parts of the Southeast and the 87
Southwest Quarters of Section 16 and the Northwest Quarter of 88
Section 21, T-16N, R-12W and more fully described as follows:89

       Beginning at an iron pin marking the Northwest Corner of the 90
Southeast Quarter of Section 16 and in a public road T.R. 163 (Ely 91
Road) thence North 89°20'43" East along the Quarter Section Line 92
and in a public road T.R. 163 (Ely Road) a distance of 949.56 feet 93
to a railroad spike;94

       Thence, South 00°50'35" East, a distance of 800.00 feet to an 95
iron pin;96

       Thence, South 00°13'49" West, a distance of 1,225.83 feet to 97
an iron pin;98

       Thence, South 17°31'23" West, a distance of 415.02 feet to an 99
iron pin;100

       Thence, North 89°00'00" West, a distance of 291.03 feet to an 101
iron pin;102

       Thence, South 00°36'26" West, a distance of 150.61 feet to an 103
iron pin;104

       Thence, South 89°18'10" West, a distance of 521.12 feet to an 105
iron pin on the Quarter Section Line;106

       Thence, South 00°23'47" East, a distance of 113.44 feet to a 107
stone with an iron pin marking the Quarter Corner between Sections 108
16 and 21;109

       Thence, South 00°59'39" West, a distance of 240.00 feet to an 110
iron pin;111

       Thence, South 89°18'59" West, a distance of 550.13 feet to an 112
iron pin;113

       Thence, North 00°40'22" West, a distance of 240.00 feet to a 114
stone marking the Quarter Section Line;115

       Thence, and continuing North 00°40'22" West, a distance of 116
2,676.16 feet to an iron pin on the Quarter Section Line and in a 117
public road T.R. 163 (Ely Road);118

       Thence, North 89°20'43" East, along the Quarter Section Line 119
and in a public road, T.R. 163 (Ely Road) a distance of 570.02 120
feet to the PLACE OF BEGINNING and containing 91.504 acres, more 121
or less, of which 34.622 acres are in the Southwest Quarter of 122
Section 16, and 53.833 acres are in the Southeast Quarter of 123
Section 16, and 3.049 acres are in the Northwest Quarter of 124
Section 21.125

       Basis of Bearings: Survey "JJ" 200, North 89°20'43" East on 126
the Quarter Section Line and T.R. 163 (Ely Road).127

       All iron pins set are a 5/8 inch iron bar, 30 inches in 128
length, with a yellow plastic cap marked "RUDOLPH 6449".129

       This description prepared from a field survey by: R.G. 130
Rudolph Surveying, Inc. by: Ronald G. Rudolph P.S. 6449 on January 131
5, 1995.132

Parcel 2
133

       Situated in the Township of East Union, County of Wayne, 134
State of Ohio and known as being part of the Southwest Quarter of 135
Section 21 and part of the Northwest Quarter of Section 28, T-16N, 136
R-12W, and more fully described as follows:137

       COMMENCING at an iron pin marking the Southwest Corner of the 138
Southwest Quarter of Section 21;139

       Thence, North 89°42'44" East along the Section Line, a 140
distance of 882.84 feet to an iron pin and the TRUE PLACE OF 141
BEGINNING;142

       Thence, North 13°49'14" East, a distance of 145.87 feet to an 143
iron pin;144

       Thence, South 89°42'44" West, a distance of 471.42 feet to an 145
iron pin;146

       Thence, North 00°57'10" East, a distance of 549.60 feet to an 147
iron pin;148

       Thence, North 89°22'50" West, a distance of 442.14 feet to a 149
railroad spike in a public road, C.R. 44 (Apple Creek Road) and on 150
the Section Line;151

       Thence, North 00°57'10" East along the Section Line, a 152
distance of 60.00 feet to a railroad spike;153

       Thence, South 89°22'50" East, a distance of 974.12 feet to an 154
iron pin;155

       Thence, South 00°57'10" West, a distance of 742.57 feet to an 156
iron pin on the Section Line;157

       Thence, and continuing South 00°57'10" West, a distance of 158
69.34 feet to a railroad spike set in a public road (Church 159
Street);160

       Thence, South 78°09'04" West and in a public road (Church 161
Street) a distance of 117.39 feet to a railroad spike;162

       Thence, North 13°49'14" East, a distance of 95.74 feet to the 163
PLACE OF BEGINNING and containing 8.441 acres, more or less, of 164
which 8.251 acres are in the Southwest Quarter of Section 21 and 165
0.190 acres are in the Northwest Quarter of Section 28.166

       All irons pins set are a 5/8 inch iron bar, 30 inches in 167
length, with a yellow plastic cap marked "RUDOLPH 6449".168

       Basis of Bearings: Survey "JJ" 200, North 89°42'44" East on 169
the south line of the Southwest Quarter of Section 21, East Union 170
Township.171

       This description prepared from a field survey by: R.G. 172
Rudolph Surveying, Inc. by: Ronald G. Rudolph P.S. 6449 on January 173
5, 1995.174

Parcel 3
175

       Situated in the Township of East Union, County of Wayne, 176
State of Ohio and known as part of the Southeast Quarter of 177
Section 16, T-16N, R-12W, and more fully described as follows:178

       Beginning at an iron pin marking the Northeast Corner of the 179
Southeast Quarter of Section 16, and in a public road T.R. 163 180
(Ely Road); Thence, South 89°20'43" West along the Quarter Section 181
Line and in a public road T.R. 163 (Ely Road) a distance of 182
1,819.86 feet to an iron pin;183

       Thence, South 00°50'35" East, a distance of 800.00 feet to an 184
iron pin;185

       Thence, South 00°13'49" West, a distance of 1,225.83 feet to 186
an iron pin;187

       Thence, North 80°39'10" East, a distance of 519.66 feet to an 188
iron pin;189

       Thence, South 68°41'33" East, a distance of 462.20 feet to an 190
iron pin;191

       Thence, South 86°41'11" East, a distance of 857.39 feet to an 192
iron pin in a public road C.R. 142 (Millborne Road);193

       Thence, North 00°21'22" East along the Section Line and in a 194
public road C.R. 142 (Millborne Road), a distance of 2,179.69 feet 195
to the PLACE OF BEGINNING and containing 86.019 acres, more or 196
less.197

       All iron pins set are a 5/8 inch iron bar, 30 inches in 198
length, with a yellow plastic cap marked "RUDOLPH 6449".199

       Basis of Bearings: Survey "JJ" 200, North 89°20'43" East on 200
the Quarter Section Line and T.R. 163 (Ely Road).201

       This description prepared from a field survey by: R.G. 202
Rudolph Surveying Inc. by: Ronald G. Rudolph P.S. 6449 on January 203
5, 1995.204

Parcel 4
205

       Situated in the Township of East Union, County of Wayne, 206
State of Ohio and known as part of the Southwest Quarter of 207
Section 21 and part of the Northwest Quarter of Section 28, T-16N, 208
R-12W and more fully described as follows:209

       COMMENCING at an iron pin marking the Southwest Corner of the 210
Southwest Quarter of Section 21;211

       Thence, North 89°42'44" East along the Section Line, a 212
distance of 976.01 feet to an iron pin, the TRUE PLACE OF 213
BEGINNING of the herein described tract;214

       Thence, North 00°57'10" East, a distance of 400.00 feet to an 215
iron pin;216

       Thence, South 89°22'50" East, a distance of 1,416.29 feet to 217
an iron pin;218

       Thence, South 00°17'16" East, a distance of 377.48 feet to an 219
iron pin on the Section Line;220

       Thence, South 89°42'44" West, along the Section Line a 221
distance of 1,087.40 feet to a railroad spike;222

       Thence, South 78°09'04" West, a distance of 345.89 feet to a 223
railroad spike;224

       Thence, North 00°57'10" East, a distance of 69.34 feet to the 225
TRUE PLACE OF BEGINNING and containing 12.944 acres, more or less, 226
of which 12.676 acres are in the Southwest Quarter of Section 21, 227
and 0.268 acres are in the Northwest Quarter of Section 28. 228

       All iron pins set are a 5/8 inch iron bar, 30 inches in 229
length, with a yellow plastic cap marked "RUDOLPH 6449".230

       Basis of Bearings: Survey "JJ" 200, North 89°42'44" East on 231
the south line of the Southwest Quarter of Section 21, East Union 232
Township.233

       This description prepared from a field survey by: R.G. 234
Rudolph Surveying, Inc. by: Ronald G. Rudolph P.S. 6449 on January 235
5, 1995.236

       In preparing the deed, the Auditor of State, with the 237
assistance of the Attorney General, may modify the foregoing 238
descriptions insofar as necessary to bring each one into 239
conformity with the actual bounds of the real estate being 240
described.241

       (B) Conveyance of the premises to the Wayne County Board of 242
County Commissioners shall be upon such consideration as shall be 243
determined by the Director of Administrative Services to be fair 244
and reasonable. 245

       (C) The Wayne County Board of County Commissioners shall pay 246
all costs associated with the purchase and conveyance of the 247
premises, which costs shall include, but are not limited to, the 248
following: surveying costs, title costs, preparation of metes and 249
bounds property descriptions, appraisals, and recordation costs of 250
the deed. 251

       (D) The deed may contain any terms and conditions the 252
Director determines to be in the best interest of the state. The 253
deed may contain restrictions that the Director determines are 254
reasonably necessary to protect the state's interest in any of its 255
remaining interests in the premises, including its gas and mineral 256
rights.257

       (E) Upon receipt of the consideration, the Auditor of State, 258
with the assistance of the Attorney General, shall prepare a deed 259
to the premises. The deed shall state the consideration, and also 260
shall state any terms or conditions and any restrictions. The deed 261
shall be executed by the Governor in the name of the state, 262
countersigned by the Secretary of State, sealed with the Great 263
Seal of the State of Ohio, presented in the Office of the Auditor 264
of State for recording, and delivered to the Wayne County Board of 265
County Commissioners. The Board shall present the deed for 266
recording in the Office of the Wayne County Recorder. 267

       (F) This section expires two years after its effective date.268

       Section 4. (A) The Governor is authorized to execute a Deed 269
in the name of the state conveying to the Mansfield Reformatory 270
Preservation Society, its successors and assigns, all of the 271
state's right, title, and interest in the following described real 272
estate (hereinafter referred to as the "state premises"):273

       Situated in the Township of Madison, County of Richland, 274
State of Ohio and being a part of the Northeast Quarter of Section 275
15, Township 21, Range 18 and being more particularly described as 276
follows:277

       1. Beginning at a 2" Mag Nail set at the intersection of the 278
centerline of State Route 545 (width varies) and the centerline of 279
Reformatory Road (60');280

       2. Thence South 35°11'23" West along the centerline of State 281
Route 545 (width varies), a distance of 130.40 feet to a drill 282
hole found;283

       3. Thence South 34°41'11" West along the centerline of State 284
Route 545 (width varies), a distance of 126.03 feet to a drill 285
hole found;286

       4. Thence southwesterly along a curve to the left, along the 287
centerline of State Route 545 (width varies), an arc length of 288
95.93 feet, delta angle of 00°02'53", a radius of 114,591.26 feet, 289
a chord bearing South 34°39'44" West, a chord distance of 95.93 290
feet to a drill hole set;291

       5. Thence North 86°46'44" West along the north line of lands 292
now or formerly owned by Ohio Edison Company as recorded in Deed 293
Volume 342, Page 151 of the Richland County Recorder's records, 294
passing thru a survey marker set at a distance of 93.73 feet, a 295
total distance of 593.71 feet to a survey marker set on the east 296
right of way line of Crawford Avenue (T,H. 1116) (60'), also being 297
the west line of the Northeast Quarter of Section 15;298

       6. Thence North 04°07'51" East along the east right of way 299
line of said Crawford Avenue (Tu. 1116) (60') and the west line of 300
the Northeast Quarter of Section 15, passing thru a 2" Mag Nail 301
set at a distance of 270.00 feet, a total distance of 300.00 feet 302
to a 2" Mag Nail set on the centerline of Reformatory Road (60');303

       7. Thence South 86°46'44" East along the centerline of 304
Reformatory Road (60'), a distance of 773.81 feet to the 2" mag 305
nail set at the Point of Beginning and containing 4.705 acres of 306
land, more or less, subject to all highways, easements and use 307
restrictions of record.308

       This description is based on an actual field survey performed 309
by Richland Engineering Limited in August 2011. Bearings are based 310
on Official Record Volume 857, Page 788 and are for the 311
determination of angular measurement only.312

       Survey markers set are 5/8" diameter by 30" long rebar with 313
cap stamped" Richland Eng RLS 7209".314

       In preparing the deed, the Auditor of State, with the 315
assistance of the Attorney General, may modify the foregoing 316
description insofar as necessary to bring it into conformity with 317
the actual bounds of the real estate being described.318

       The state premises shall be sold as an entire tract and not 319
in parcels.320

       (B) Consideration for conveyance of the state premises is two 321
parcels of land conveyed to the state by the grantee, the first 322
parcel consisting of approximately 1.865 acres, and the second 323
parcel consisting of approximately 2.037 acres, for an approximate 324
total of 3.902 acres, described as follows:325

Parcel 1
326

LEGAL DESCRIPTION of 1.865 Acres
327

       Situated in the City of Mansfield, Township of Madison, 328
County of Richland, State of Ohio and being part of the Northwest 329
Quarter of Section 10, Township 21, Range 18 and being more 330
particularly described as follows:331

       Commencing at a railroad spike set at the northeast corner of 332
the Northwest Quarter of Section 10;333

       Thence South 00°11'58" East along the east line of the 334
Northwest Quarter of Section 10 and the east line of lands now or 335
formerly owned by J. & D. Building Enterprises as recorded in 336
Official Record Volume 647, Pages 879 and 881 of the Richland 337
County Recorder's records, passing through a "Cunning" survey 338
marker found at 30.01 feet, a total distance of 355.04 feet to a 339
"Cunning" survey marker found at the Point of Beginning of the 340
parcel herein described;341

       1, Thence South 00°11'58" East continuing along the east line 342
of the Northwest Quarter of Section 10, a distance of 325.03 feet 343
to a survey marker found at the northeast corner of lands now or 344
formerly owned by Studio 101 Inc. as recorded in Official Record 345
Volume 840, Page 386 of the Richland County Recorder's records;346

       2. Thence South 88°31'37" West along the north line of said 347
Studio 101 Inc. lands, a distance of 250.00 feet to a survey 348
marker set;349

       3. Thence North 00°11'58" West a distance of 325.03 feet to a 350
survey marker set on the south line of said J. & D. Building 351
Enterprises lands;352

       4. Thence North 88°31'37" East along the south line of said 353
J. & D. Building Enterprises lands, a distance of 250.00 feet to 354
the "Cunning" survey marker found at the Point of Beginning, and 355
containing 1.865 acres of land, more or less, subject to all 356
highways, easements, and use restrictions of record.357

       This description is based upon an actual field survey made in 358
2011 by Richland Engineering Limited. All bearings are based on 359
the O.D.O.T. centerline of State Route 13 bearings being North 360
40°30'00" East as shown in Richland County Recorder's records Plat 361
Book 16, Page 35 and are for the determination of angular 362
measurement only.363

       The grantees, his heirs and assigns do hereby covenant and 364
agree that the parcel of land described in this instrument or any 365
portion thereof does not constitute a principal building site 366
under applicable zoning and will not be conveyed by said grantees, 367
heirs and assigns independent and separate from any adjoining or 368
contiguous parcel fronting on a public highway or street.369

       Survey markets set and found are 5/8 inch in diameter by 30 370
inch long rebar with a plastic cap stamped "RICHLAND ENG. 7209".371

Deed Reference: Official Record Volume 364, Page 155 372
Official Record Volume 364, Page 160 373

Parcel 2
374

LEGAL DESCRIPTION of 2.037 Acres
375

       Situated in the City of Mansfield, Township of Madison, 376
County of Richland, State of Ohio and being part of the Northwest 377
Quarter of Section 10, Township 21, Range 18 and being more 378
particularly described as follows:379

       Beginning at a railroad spike set at the northeast corner of 380
the Northwest Quarter of Section 10;381

       1. Thence South 00°11'58" East along the east line of the 382
Northwest Quarter of Section 10 and the east line of lands now or 383
formerly owned by J. & D. Building Enterprises as recorded in 384
Official Record Volume 647, Pages 879 and 881 of the Richland 385
County Recorder's records, passing through a "Cunning" survey 386
marker found at 30.01 feet, a total distance of 355.04 feet to a 387
"Cunning" survey marker found;388

       2. Thence South 88°31'37" West along the south line of said 389
J. & D. Building Enterprises lands, a distance of 250.00 feet to a 390
survey marker set;391

       3. Thence North 00°11'58" West passing through a survey 392
marker set at 325.03 feet, a total distance of 355.04 feet to a 2 393
inch MAG Nail set on the centerline of Piper Road and the north 394
line of the Northwest Quarter of Section 10;395

       4. Thence North 88°31'37" East along the centerline of Piper 396
Road and the north line of the Northwest Quarter of Section 10, a 397
distance of 250.00 feet to the railroad spike set at the Point of 398
Beginning, and containing 2.037 acres of land, more or less, 399
subject to all highways, easements, and use restrictions of 400
record.401

       This description is based upon an actual field survey made in 402
2011 by Richland Engineering Limited. All bearings are based on 403
the O.D.O.T centerline of State Route 13 bearing being North 404
40°30'00" East as shown in Richland County Recorder's records Plat 405
Book 16, Page 35 and are for the determination of angular 406
measurement only.407

       Survey markers set are 5/8 inch diameter by 30 inch long 408
rebar with a plastic cap stamped "RICHLAND ENG. 7209".409

       Deed Reference: Official Record Volume 647, Pages 879 and 881410

       (C) The conveyance from the state to the grantee is subject 411
to the following restrictions:412

       (1) The grantee agrees that it shall not use or develop the 413
state premises such that it will interfere with the quiet 414
enjoyment of the neighboring state-owned land.415

       (2) The grantee shall use, develop, and occupy the state 416
premises for historic preservation purposes only, including a 417
parking lot, public tours, and other uses incidental to these 418
purposes. If the grantee ceases to use the state premises for 419
these purposes, all right, title, and interest in the state 420
premises revert back to the state, at the state's discretion, and 421
without the need for any further action by the state. If reversion 422
of the state premises takes place, title to the land described in 423
division (B) of this section simultaneously reverts back to the 424
grantee. 425

       (D) Upon receipt of the consideration, the Auditor of State, 426
with the assistance of the Attorney General, shall prepare a deed 427
to the state premises. The deed shall state the restrictions in 428
division (C) of this section. The deed shall be executed by the 429
Governor in the name of the state, countersigned by the Secretary 430
of State, sealed with the Great Seal of the State, presented in 431
the Office of the Auditor of State for recording, and delivered to 432
the grantee. The grantee shall present the deed for recording in 433
the Office of the Richland County Recorder. 434

       (E) The grantee shall pay all costs associated with the 435
purchase and conveyance of the state premises, as well as all 436
costs associated with the sale and conveyance of the real estate 437
described in division (B) of this section, which costs include, 438
but are not limited to, the following: surveying costs; title 439
costs; preparation of metes and bounds property descriptions; 440
appraisals; environmental studies, assessments, and remediation; 441
and recordation costs. 442

       (F) This section expires two years after its effective date.443