130th Ohio General Assembly
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As Reported by the Senate Judiciary Committee

122nd General Assembly
Regular Session
1997-1998
Sub. H. B. No. 486

REPRESENTATIVES MEAD-SALERNO-TIBERI-GARCIA-MYERS- SCHULER-MASON-LEWIS-TAVARES-
SENATORS LATTA-BLESSING


A BILL
To authorize the conveyance of two parcels of state-owned real estate located in Franklin County to the City of Columbus, to authorize the conveyance of state-owned real estate controlled by the Department of Mental Health and known as the St. Dymphna Chapel property located in Hamilton County to the Institute of Advanced Manufacturing Sciences, Inc. (IAMS), a nonprofit organization, and to authorize the conveyance of state-owned real estate controlled by the Department of Mental Health and located in Summit County to Ohio Health Ventures.

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


Section 1. (A) The Governor is hereby authorized to execute a deed in the name of the state conveying to the City of Columbus, its successors and assigns, all of the state's right, title, and interest in the following described real estate:

Parcel 1 (20.098 acres)

Situated in the State of Ohio, County of Franklin, and in the City of Columbus, located in Virginia Military Survey No. 2668, and being part of a 300 acre tract conveyed to the State of Ohio in Deed Book 101, Page 390, Franklin County Recorder's Office, and being more particularly described as follows:

Beginning for reference at an iron pin found at the intersection of northerly right of way line of West Broad Street (80 feet in width) and the easterly right of way line of Wheatland Avenue (40 feet in width);

thence N 09°14'48" W, along the easterly right of way line of said Wheatland Avenue, a distance of 502.10 feet to an iron pin set, said iron pin being the True Point of Beginning of herein described tract, passing an iron pin found at 251.05 feet;

thence N 09°14'48" W, along the easterly right of way line of said Wheatland Avenue, a distance of 1810.12 feet to an iron pin set;

thence N 77°17'50" E, along an existing fence, a distance of 108.55 feet to a point;

thence N 85°16'59" E, along an existing fence, a distance of 273.91 feet to a point;

thence N 89°00'05" E, along an existing fence, a distance of 111.16 feet to an iron pin set;

thence S 09°14'48" E, a distance of 1121.50 feet to an iron pin set at the northwesterly corner of a buffer zone to the Central Ohio Psychiatric Hospital;

thence S 04°09'22" E, along the westerly line of said buffer zone to the Central Ohio Psychiatric Hospital, a distance of 699.77 feet to an iron pin set;

thence S 86°00'00" W, a distance of 431.14 feet to the True Point of Beginning, containing 20.098 acres, more or less, subject to all rights of way, easements, and restrictions of record.

Basis of bearing is the northerly right of way line of West Broad Street being N 86°00'00" E, as shown in Plat Book 4, Page 326, Recorder's Office, Franklin County, Ohio.

This description was prepared by Phil Y. Shih, Registered Surveyor No. 7668, based on an actual field survey performed in February, 1997.

Parcel 2 (2.410 acres)

Situated in the State of Ohio, County of Franklin, and in the City of Columbus, located in Virginia Military Survey No. 2668, and being part of a 300 acre tract conveyed to the State of Ohio in Deed Book 101, Page 390, Franklin County Recorder's Office, and being more particularly described as follows:

Beginning for reference at an iron pin found at the intersection of northerly right of way line of West Broad Street (80 feet in width) and the easterly right of way line of Wheatland Avenue (40 feet in width);

thence N 09°14'48" W, along the easterly right of way line of said Wheatland Avenue, a distance of 251.05 feet to an iron pin found marking the northwesterly corner of a 0.865 acre tract conveyed to the City of Columbus as recorded in Official Record 19320 E14, said iron pin being the True Point of Beginning of herein described tract;

thence N 09°14'48" W, along the easterly right of way line of said Wheatland Avenue, a distance of 251.05 feet to an iron pin set;

thence N 86°00'00" E, a distance of 431.14 feet to an iron pin set in the westerly line of a buffer zone to the Central Ohio Psychiatric Hospital;

thence S 04°09'22" E, along the westerly line of said buffer zone to the Central Ohio Psychiatric Hospital, a distance of 250.00 feet to an iron pin set in the northerly line of a 1.435 acre tract of land in lease between the State of Ohio and the City of Columbus, described in State of Ohio Lease File No. 5020, and recorded in Official Record 19320 E18;

thence S 86°00'00" W, along the northerly line of said 1.435 acre tract and said 0.865 acre tract, a distance of 408.86 feet to the True Point of Beginning, containing 2.410 acres, more or less, subject to all rights of way, easements, and restrictions of record.

Basis of bearing is the northerly right of way line of West Broad Street being N 86°00'00" E, as shown in Plat Book 4, Page 326, Recorder's Office, Franklin County, Ohio.

This description was prepared by Phil Y. Shih, Registered Surveyor No. 7668, based on an actual field survey performed in February, 1997.

(B) Consideration for conveyance of the real estate described in division (A) of this section is the appraised fair market value of the real estate as determined or approved by the Director of Administrative Services. The Director shall appraise the fair market value of the real estate or have it appraised by one or more disinterested persons at a fee determined by the Director. Unless the Director makes the appraisal, the Director shall review the appraisal and either approve or disapprove it. If the Director disapproves the appraisal, the fair market value of the real estate shall again be appraised as provided in this section. Upon determining or approving an appraised fair market value, the Director shall notify the City of Columbus in writing of the purchase price. The City of Columbusshall pay all appraisal fees and all costs of the conveyance of the real estate described in division (A) of this section.

(C) Upon payment of the purchase price, the Auditor of State, with the assistance of the Attorney General, shall prepare a deed to the real estate described in division (A) of this section. The deed shall state the consideration. The deed shall be executed by the Governor in the name of the state, countersigned by the Secretary of State, sealed with the Great Seal of the State, presented in the office of the Auditor of State for recording, and delivered to the City of Columbus. The City of Columbus shall present the deed for recording in the Office of the Franklin County Recorder.


Section 2. (A) The Governor is hereby authorized to execute a deed in the name of the state conveying to the Institute of Advanced Manufacturing Sciences, Inc. (IAMS) and its successors and assigns all of the state's right, title, and interest in the following described real estate:

Situated in Section 6, Town 3, Fractional Range 2, Miami Purchase, and being in the City of Cincinnati, Hamilton County, Ohio, and being Part of Lots 1 and 2 of Caldwell and Paddock's Subdivision; and all of Lots 1 and 2, and Part of Lots 3, 4, 17, 18, and 19, and Part of Gerry Street, and Part of Jackson Street, of Caldwell and Paddock's Addition to the Town of Carthage, both of said subdivisions being as recorded in Deed Book 155, Page 52, and in Plat Book 1, Page 54, Hamilton County, Ohio, records and designated as "Caldwell and Paddock's 2nd Subdivision," and being more particularly described as follows:

Beginning at an iron pipe at the intersection of the south line of Seymour Avenue, and the east line of Paddock Road as both are new improved, thence with the south line of said Seymour Avenue, the following three (3) courses and distances:

South 82°15'36" East 115.00 feet to a point;

North 17°46'09" East 13.50 feet to a point;

South 72°17'40" East 277.95 feet to an iron pipe;

thence with the boundary of TRACT I (a 34.405 Acre Tract) as shown on City of Cincinnati Accession Plat No. 101391 the following two (2) courses and distances:

South 19°40'40" West 229.36 feet to a cross notch;

North 84°00'00" West 414.51 feet to an iron pipe in the easterly line of said Paddock Road; thence with said easterly line North 22°18'45" East 280.83 feet to the Point of Beginning, and containing 2.398 Acres, more or less, and being those same lands conveyed to the State of Ohio of Record in Deed Book 4286, Page 1703 Hamilton County Records.

(B) Consideration for the conveyance of the real estate described in division (A) of this section is a sale price of $88,999.00.

(C) All costs of the conveyance of the real estate described in division (A) of this section shall be paid by the Institute of Advanced Manufacturing Sciences, Inc.

(D) Upon payment of the purchase price specified in division (B) of this section, the Auditor of State, with the assistance of the Attorney General, shall prepare a deed to the real estate described in division (A) of this section. The deed shall state the consideration. The deed shall be executed by the Governor in the name of the state, countersigned by the Secretary of State, sealed with the Great Seal of the State, presented in the Office of the Auditor of State for recording, and delivered to the Institute of Advanced Manufacturing Sciences, Inc. The Institute of Advanced Manufacturing Sciences, Inc. shall present the deed for recording in the Office of the Hamilton County Recorder.

(E) The proceeds of the conveyance of the real estate described in division (A) of this section shall be deposited in the Department of Mental Health Trust Fund in the state treasury, created by section 5119.18 of the Revised Code.


Section 3. (A) The Governor is hereby authorized to execute a deed in the name of the state conveying to Ohio Health Ventures and its successors and assigns all of the state's right, title, and interest in the following described real estate:

Parcel No. 1

Situated in the City of Cuyahoga Falls (formerly Township of Tallmadge) County of Summit and State of Ohio and known as being a part of Original Tract One (1), of former Tallmadge Township, also known as all that land deeded to the State of Ohio, recorded in five (5) deeds: Volume 2255, Page 521, Volume 4789, Page 262, Volume 4789, Page 9, Volume 4829, Page 443 and Volume 4909, Page 329 all of the Summit County Records;

Beginning at a 5/8" rebar set in the intersection of the Northeast right of way line of Tallmadge Road, 66' wide and the Southeast right of way line of Newberry Street, 66 feet wide;

Thence along said Newberry right of way line N 09°17'43"E, a distance of 191.36 feet to a 5/8" rebar set at its intersection with the South right of way line of Broadway East Street, 20.50 feet wide, as widened by deed to the Village of Cuyahoga Falls, Volume 922, Page 19 of the Summit County Records;

Thence along the South line of said Broadway East Street N 90°00'00" E, a distance of 748.05 feet to a 5/8" rebar set at its intersection with the West right of way line of Germaine Street, 60 feet wide;

Thence along the Westerly lines of said Germaine Street the following three (3) courses and distances:

Thence S 08°54'35" W, a distance of 652.40 feet to a 5/8" rebar set at an angle point;

Thence S 47°56'11" W, a distance of 16.50 feet to a 5/8" rebar set at an angle point;

Thence S 42°03'49" E, a distance of 121.73 feet to a 5/8" rebar set at its intersection with the centerline of Cook Street, 60 feet wide, (passing over a 5/8" rebar set in the Northwesterly Road widening easement line at 91.73 feet);

Thence along the centerline of said Cook Street S 47°56'11" W, a distance of 181.50 feet to its intersection with the Northeasterly right of way line of aforesaid Tallmadge Road, extended;

Thence along said Tallmadge Road right of way line N 42°03'49" W, a distance of 914.20 feet to the true place of beginning (passing over a 5/8" I.P. set at its intersection with the Northwesterly line of the aforesaid road widening easement at 30.00 feet) containing 9.4737 acres of land more or less as surveyed by Gaskill & Associates, Inc., July 6, 1995 but subject to all legal highways and a 40 year easement, 30 feet wide, to the City of Cuyahoga Falls, Ohio date December 21, 1972 for the widening on the Northwesterly side of the aforesaid Cook Street, along the Southeasterly line of the herein described parcel of land.

Prepared by: Gaskill & Associates, Inc. Edward L. Gaskill Registered Surveyor No. 6349

Parcel No. 2

Situated in the City of Cuyahoga Falls (formerly Township of Tallmadge), County of Summit and State of Ohio, and known as being a part of Original Tract One (1) of former Tallmadge Township also known as being all that land deeded to the State of Ohio, recorded in three (3) deeds: Volume 5072, Page 217, Volume 5071, Page 84 and Volume 5072, Page 219, all of the Summit County Records and all that portion of a Vacated Alley known as Alley C, as shown on the Record Plat of Cooke's Fourth Subdivision; Plat Book 5, Page 44 of the Summit County Records, as it lies within the Easterly limits of the parcel of land herein described more fully bounded and described as follows:

Beginning at a 5/8" rebar set on the Southwest corner of Lot No. 106 in said Cooke's Subdivision, said point being in the East right of way line of Germaine Street, 60 feet wide;

Thence along said East right of way line N 08°54'35" E, a distance of 279.55 feet to a 5/8" rebar set therein at the Northwesterly corner of Pauline Court, 24' wide;

Thence along the Northerly line of said Pauline Court S 81°11'49" E, a distance of 170.63 feet to a 5/8" rebar set in the centerline of the aforesaid Vacated Alley C;

Thence along said Alley centerline S 08°54'35" W, a distance of 250.70 feet to a 5/8" rebar set therein;

Thence along the prolongation of and the South line of the aforesaid Lot No. 106, S 89°12'39" W, a distance of 173.10 feet to the true place of beginning, containing 1.0385 acres of land more or less, as surveyed by Gaskill & Associates, Inc., July 1995 but subject to all legal highways, reserving to the public generally, the right to use the Northerly 24 feet of the parcel of land above described for road purposes known as Pauline Court.

Prepared by: Gaskill & Associates, Inc. Edward L. Gaskill Registered Surveyor No. 6349

Parcel No. 3

Situated in the City of Cuyahoga Falls, County of Summit and State of Ohio and known as being all of Lot Number Sixty-five (65) of Cooke's Third Subdivision and Addition, as the same is surveyed, numbered and recorded in Plat Book 5, Page 18, Summit County Records.

(B) Consideration for the conveyance of the real estate described in division (A) of this section is a sale price of $650,000.00.

(C) Upon payment of the purchase price specified in division (B) of this section, the Auditor of State, with the assistance of the Attorney General, shall prepare a deed to the real estate described in division (A) of this section. The deed shall state the consideration. The deed shall be executed by the Governor in the name of the state, countersigned by the Secretary of State, sealed with the Great Seal of the State, presented in the Office of the Auditor of State for recording, and delivered to Ohio Health Ventures. Ohio Health Ventures shall present the deed for recording in the Office of the Summit County Recorder.

(D) The proceeds of the conveyance of the real estate described in division (A) of this section shall be deposited into the state treasury to the credit of the Mental Health Facilities Improvement Fund (Fund 033), created by division (F) of section 154.20 of the Revised Code, to retire any bond issued by the state of Ohio for the facilities located on the real estate described in division (A) of this section.


Section 4. This act expires one year after its effective date.
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