As Passed by the Senate

130th General Assembly
Regular Session
2013-2014
Sub. H. B. No. 449


Representative Gonzales 

Cosponsors: Representatives Bishoff, Fedor, Grossman, Hackett, Hill, Hood, Stebelton, Wachtmann, Brenner, Amstutz, Baker, Beck, Blessing, Boose, Brown, Buchy, Budish, Burkley, Cera, Conditt, Curtin, Damschroder, Dovilla, Duffey, Gerberry, Green, Hall, Hayes, Heard, Hottinger, Huffman, Johnson, Kunze, Landis, Letson, Lundy, Lynch, Maag, Mallory, McClain, McGregor, Milkovich, Patterson, Perales, Phillips, Pillich, Rogers, Romanchuk, Rosenberger, Ruhl, Sears, Sheehy, Slaby, Slesnick, Smith, Sprague, Stautberg, Stinziano, Strahorn, Sykes, Terhar, Thompson, Young Speaker Batchelder 

Senators LaRose, Coley, Brown, Turner, Burke, Eklund, Faber, Gardner, Hite, Hughes, Manning, Oelslager, Seitz, Skindell, Tavares 



A BILL
To enact section 3333.311 of the Revised Code with 1
respect to residency status for certain veterans, 2
spouses, and dependents at state institutions of 3
higher education, to authorize the conveyance of 4
state-owned real property, and to declare an 5
emergency.6


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

       Section 1. That section 3333.311 of the Revised Code be 7
enacted to read as follows:8

       Sec. 3333.311.  (A) For the purpose of admission to any state 9
institution of higher education, as defined in section 3345.011 of 10
the Revised Code, a veteran and that veteran's spouse and 11
dependent shall be considered residents of this state, if the 12
veteran either:13

       (1) Served one or more years on active military duty and was 14
honorably discharged or received a medical discharge that was 15
related to the military service;16

       (2) Was killed while serving on active military duty or has 17
been declared to be missing in action or a prisoner of war. 18

       (B) If a veteran or that veteran's spouse or dependent meets 19
the criteria prescribed in division (A) of this section, no state 20
institution of higher education shall apply any residency-related 21
quotas or restrictions to that individual's application for 22
admission to the institution.23

       (C) The term "resident" for the purposes of this section 24
shall not be equated with the definition of that term as it is 25
employed elsewhere under the laws of this state and other states, 26
and shall not carry with it any of the legal connotations 27
appurtenant thereto.28

       Section 2. (A) The Governor may execute a deed in the name of 29
the state conveying to one or more purchasers, and the purchaser 30
or purchaser's heirs and assigns or successors and assigns, all of 31
the state's right, title, and interest in any or all parcels of 32
real estate, held for the use and benefit of The Ohio State 33
University, described as follows:34

Property 135

Known as 1630 Neil Avenue, Columbus, OH 43201 and Franklin County 36
Parcel Number 010-043417 and described as:37

Situated in the State of Ohio, County of Franklin and in the City 38
of Columbus:39

Being 35 feet off the north side of Lot Number Eight (8) of 40
UNIVERSITY HEIGHTS ADDITION to City of Columbus, Ohio, as the same 41
is numbered and delineated upon the recorded plat thereof, of 42
record in Plat Book 4, page 255, Recorder's Office, Franklin 43
County, Ohio.44

Property 245

Known as 1618-1624 Neil Avenue, Columbus, OH 43201 and Franklin 46
County Parcel Number 010-029480 and described as:47

Situated in the State of Ohio, County of Franklin and in the City 48
of Columbus:49

Being a part of Lots Numbered Eight (8) and Nine (9) of THEODORE 50
RHOADS' UNIVERSITY HEIGHTS ADDITION, to said City of Columbus, as 51
said lots are numbered and delineated upon the recorded plat of 52
said Addition, of record in Plat Book 4, page 255, Recorder's 53
Office, Franklin County, Ohio, and more particularly described as 54
follows:55

Beginning at the southwest corner of said Lot No. 9; thence 56
northwardly along the west line of said lot to the northwest 57
corner thereof, and further northwardly along the west line of 58
said Lot No. 8 to a point in said west lot line, five feet from 59
the southwest corner thereof; thence eastwardly on a line five 60
feet north of and parallel to the north line of said Lot No. 9, 61
for a distance of 97.72 feet; thence southwardly on a line 62
parallel to the east lot line of said Lots 8 and 9, to a point in 63
the south line of said Lot No. 9; thence westerly 99 feet along 64
said south line of said Lot No. 9, to the place of beginning. Said 65
above described tract fronting 99 feet on Tenth Avenue and 42.54 66
feet on Neil Avenue, be the same more or less, but subject to all 67
legal highways.68

Property 369

Known as 250-252 West Tenth Avenue, Columbus, OH 43201 and 70
Franklin County Parcel Number 010-016949 and described as:71

Situated in the County of Franklin, State of Ohio and City of 72
Columbus, and bounded and described as follows:73

Being part of Lots 8 and 9 of Theadore Rhoads University Heights 74
Addition to the City of Columbus, as said lots are numbered and 75
delineated upon the recorded plat thereof, of record in Plat Book 76
4, page 255, Recorder's Office, Franklin County, Ohio, and more 77
particularly described as follows:78

Beginning at a point in the north line of Tenth Avenue, 99 feet 79
easterly on said north line from the southwest corner of said Lot 80
9, thence easterly on said north line of Tenth Avenue, 54.12 feet 81
to the alley, southeast corner of said Lot 9, thence northward 82
with the west line of said alley 72.54 feet to a point in said 83
west alley line 5 feet northward from the original southeast 84
corner of said Lot 8; thence westwardly parallel with and 5 feet 85
northwardly from the original line between said Lots eight and 86
nine 52.28 feet; thence in a southerly direction, passing 18 87
inches west of and parallel with the outside line of the west 88
foundation wall of the brick house numbered 250 West Tenth Avenue, 89
located on the east end of said Lot 9 to the place of beginning 90
making a tract fronting 54.12 feet on Tenth Avenue, the North 5 91
feet of which was part of original Lot 8. Also, known as 250 and 92
252 West Tenth Avenue, Columbus, Ohio.93

Subject to all conditions, restrictions and easements, if any, of 94
record and to include all rights and privileges as shown by 95
agreement of record in Misc. Record Vol. 60, page 528.96

Property 497

Known as 300 West Lane Avenue, Columbus, OH 43201. Tract One is 98
Franklin County Parcel Number 010-077325. Tract Two is Franklin 99
County Parcel Number 010-077360. The parcels are described as:100

Tract One101

Located in the city of Columbus, county of Franklin, and state of 102
Ohio.103

Being Lots 3, 4, 5, and 6 in Jacob Weber Place Addition, as the 104
same are numbered and delineated upon the recorded plat thereof, 105
of record in Plat Book 17, pages 28 and 29, Recorder's Office, 106
Franklin County, Ohio, less and except that portion of ROW as 107
granted to the City of Columbus by Instrument Number 108
200708230148989, more particularly described as follows:109

Situated in the State of Ohio, County of Franklin, City of 110
Columbus, Section 3, Township 1, Range 18, United States Military 111
Lands, and being part of Lots 3, 4, 5, and 6 also being described 112
in a deed to the State of Ohio, of record in Official Record 16902 113
B17, all records are on file in the Recorder's Office, Franklin 114
County, Ohio, all stations and offsets reference the Centerline 115
Survey Plat of Lane Avenue prepared by ms consultants, inc. for 116
the City of Columbus, said Parcel 7-WD being more particularly 117
described as follows:118

Beginning for Reference at the centerline intersection of Tuttle 119
Park Place and West Lane Avenue, being at Centerline Station 120
68+12.54;121

Thence North 86°20'57" West, along the centerline of West Lane 122
Avenue, a distance of 119.68 feet to a point, being the Centerline 123
Station 66+92.86;124

Thence North 3°39'03" East, a distance of 41.53 feet to a point at 125
the southeast corner of said Lot 3, the southwest corner of Lot 2 126
of said Jacob Weber Place subdivision, on the northerly line of 127
West Lane Avenue, being 41.53 feet left of Station 66+92.86 128
(witness an iron pin found 41.43' left of sta 66+92.94), and being 129
the True Place of Beginning;130

Thence North 86°17'18" West, along the southerly lines of said 131
Lots 3, 4, 5, and 6, the northerly line of Lane Avenue, a distance 132
of 184.44 feet to a point at the southwest corner of said Lot 6, 133
the southeast corner of Lot 7 of said Jacob Weber Place 134
subdivision, being 41.73 feet left of Station 65+08.41;135

Thence North 3°42'42" East, along the easterly line of said Lot 7, 136
the westerly line of said Lot 6, a distance of 2.27 feet to a 137
point, being 44.00 feet left of Station 65+08.42;138

Thence South 86°20'57" East, passing through said Lots 3, 4, 5, 139
and 6, a distance of 184.44 feet to a point on the easterly line 140
of said Lot 3, on the westerly line of said Lot 2, being 44 feet 141
left of Station 66+92.86;142

Thence South 3°42'42" West, along the westerly line of said Lot 3, 143
the westerly line of said Lot 2, a distance of 2.47 feet to the 144
True Place of Beginning, and containing 0.010 acres of land.145

The bearings for this description are based on a bearing of North 146
68°52'08" East from Franklin County control monument "ASTRO" to 147
control monument "LANE" and are based on the NAD83 State Plane 148
Coordinate System, Ohio South Zone.149

This description was prepared by ms consultants, inc. from an 150
actual field survey (1995-1999) and existing records.151

Tract Two152

Located in the city of Columbus, county of Franklin, and state of 153
Ohio.154

Being Lots 38 and 39 in Jacob Weber Place Addition, as the same 155
are numbered and delineated upon the recorded plat thereof, of 156
record in Plat Book 17, pages 28 and 29, Recorder's Office, 157
Franklin County, Ohio, together with any and all interest that the 158
grantor may have in Norwich Avenue as vacated by the City of 159
Columbus in Ordinance No. 743-72.160

Property 5161

Known as 441 Ackerman Road, Columbus, OH 43202 and are a portion 162
of Franklin County Parcel Numbers 010-062731 and 010-103165 and 163
are described as:164

Situated in the State of Ohio, County of Franklin, City of 165
Columbus, in Quarter Township 3, Township 1, Range 18, United 166
States Military Lands, being part of Lot 2 of "Moses Hess 167
Partition", of record in Franklin County Court of Common Pleas 168
Complete Record 32, Page 479, and being a part of each of those 169
tracts of land conveyed as First and Second Parcels to The State 170
of Ohio by deed of record in Deed Book 966, Page 339 (all 171
references are to the records of the Recorder's Office, Franklin 172
County, Ohio) and more particularly bounded and described as 173
follows:174

Beginning, for reference, at a 3/4 inch iron pipe found at the 175
centerline intersection of Olentangy River Road and J. Edward 176
Weaver Memorial Drive, originally dedicated as Ackerman Road;177

Thence North 86°22'20" West, with the centerline of said J. Edward 178
Weaver Memorial Drive, a distance of 117.10 feet to a 5/8 inch 179
rebar found at a northeasterly corner of said State of Ohio tract, 180
the TRUE POINT OF BEGINNING for this description;181

Thence South 03°07'40" West, crossing the right of way of said J. 182
Edward Weaver Memorial Drive and with the westerly line of that 183
one half acre tract conveyed to Shirley C. Calhoun by deed of 184
record in Instrument Number 201311050185724, a distance of 147.00 185
feet to a 3/4 inch iron pipe found at the Southwesterly corner 186
thereof;187

Thence South 86°22'20" East, with the southerly line of said 188
Calhoun tract, a distance of 102.34 feet to a 3/4 inch iron pipe 189
found in the westerly right-of-way line of said Olentangy River 190
Road;191

Thence South 16°36'20" East, crossing said State of Ohio tracts 192
and with said westerly right-of-way line, a distance of 314.90 193
feet to an iron pin set;194

Thence South 10°55'05" West, crossing said State of Ohio tracts 195
and with said westerly right-of-way line, a distance of 39.12 feet 196
to an iron pin set at the intersection of said westerly 197
right-of-way line and the northerly right-of-way line of Ackerman 198
Road, as shown on the plan FRA-315-2.85;199

Thence crossing said State of Ohio tracts and with said northerly 200
right-of-way line the following courses and distances:201

North 83°06'49" West, a distance of 47.39 feet to a 3/4 inch iron 202
pipe found; and North 51°13'45" West, a distance of 191.88 feet to 203
an iron pin set;204

Thence North 45°29'27" West, partly with said northerly right of 205
way line and partly crossing the right of way of said J. Edward 206
Weaver Memorial Drive, a distance of 562.45 feet to a railroad 207
spike found in the original centerline of said Ackerman Road;208

Thence South 86°22'20" East, with said centerline, (passing a 209
railroad spike found at a distance of 281.73 feet) a total 210
distance of 421.90 feet to the TRUE POINT OF BEGINNING, containing 211
2.811 acres of land, more or less, 0.234 acre of which falls 212
within the presently occupied right of way of J. Edward Weaver 213
Memorial Drive.214

The above described 2.811 acres is comprised of 2.640 acres out of 215
parcel number 010-062731 and 0.171 acre out of parcel number 216
010-103165.217

Subject, however, to all legal rights-of-way and/or easements, if 218
any, of previous record.219

Iron pins set, where indicated, are iron pipes, thirteen 220
sixteenths (13/16) inch inside diameter, thirty (30) inches long 221
with a plastic plug placed in the top bearing the initials EMHT 222
INC.223

The bearings herein are based on the Ohio State Plane Coordinate 224
System (South Zone) as per NAD83 (1986 Adjustment). Control for 225
bearings was from coordinates of monuments COC4-83 and RINGLE. 226
Said bearings originated from a field traverse which was tied to 227
said coordinate system by GPS observations. The portion of the 228
centerline of Old Ackerman Road having a bearing of South 229
86°22'20" East and monumented as shown hereon, is designated the 230
"basis of bearing" for this description.231

This description is based on an actual field survey performed by 232
or under the direct supervision of Matthew A. Kirk, Professional 233
Surveyor Number 7865 in September of 2014.234

The foregoing legal descriptions may be adjusted to accommodate 235
any corrections necessary to facilitate recordation of the deeds.236

       (B) The parcels may be transferred individually, as a group, 237
as multiple groups to a single purchaser, or to multiple 238
purchasers.239

       (C) The real estate shall be conveyed subject to all 240
easements, covenants, conditions, and restrictions of record; all 241
legal highways and public rights-of-way; zoning, building, and 242
other laws, ordinances, restrictions, and regulations; and real 243
estate taxes and assessments not yet due and payable.244

       (D) The conveyance of the real estate shall include the 245
buildings, parking areas, improvements, and fixtures now situated 246
on the real estate and shall be conveyed in "as-is, where is, with 247
all faults" condition.248

       (E) Consideration for conveyance of the real estate shall be 249
a purchase price and any terms and conditions acceptable to the 250
Board of Trustees of The Ohio State University.251

       (F) The costs of the closing and conveyance shall be paid by 252
The Ohio State University and any purchaser pursuant to the 253
negotiated purchase contract.254

       (G) The net proceeds of the sale of the real estate shall be 255
paid to The Ohio State University, and shall be deposited into 256
university accounts for purposes to be determined by the Board of 257
Trustees.258

       (H) Each deed to the real estate shall contain any 259
exceptions, reservations, or conditions and any right of reentry 260
or reverter specified in the resolution adopted by the Board of 261
Trustees of The Ohio State University. Any exceptions, 262
reservations, or conditions or any right of reentry or reverter 263
contained in any deed may be released by The Ohio State University 264
without the necessity of further legislation, provided the release 265
is specifically authorized by the Board of Trustees.266

       (I) Upon adoption of a resolution by the Board of Trustees of 267
The Ohio State University specifically identifying the parcel or 268
parcels of real estate to be conveyed or transferred, the 269
purchaser or purchasers of the real estate, and the consideration 270
paid or to be paid, the Auditor of State, with the assistance of 271
the Attorney General, shall prepare a deed or deeds to the real 272
estate identified in the resolution. The deed or deeds shall state 273
the consideration specified in the resolution. The deed or deeds 274
shall be executed by the Governor in the name of the state, 275
countersigned by the Secretary of State, sealed with the Great 276
Seal of the State, presented in the Office of the Auditor of State 277
for recording, and delivered to the purchaser or purchasers. The 278
purchaser or purchasers shall present the deed for recording in 279
the office of the county recorder where each parcel of real estate 280
is located.281

       (J) This section expires three years after its effective 282
date.283

       Section 3.  Section 2 of this act is an emergency measure 284
necessary for the immediate preservation of the public peace, 285
health, and safety. The reason for the emergency is the necessity 286
to ensure that land no longer needed by the state may be put to 287
productive use. Therefore, this act goes into immediate effect.288