The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
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An attempt was made to recreate these historic documents. The original text was retained, however, during the process some errors in formatting may have been introduced. The official version of the act may be obtained from the Secretary of State's Office listed above.
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(122nd General Assembly)(Substitute House Bill Number 55)
AN ACT
To authorize the conveyance of the state's interest in the restrictions and
reversions imposed by specified instruments to Behavioral Connections of Wood
County, Inc., an Ohio nonprofit corporation, to amend Section 5 of Am. H.B.
166 of the 115th General
Assembly, as amended by Am. Sub. H.B. 636 of the 118th General
Assembly, and Section 6 of Am. H.B. 166 of the 115th General
Assembly to specify permissible research uses for land
previously conveyed by the state to the City of Cincinnati and
to limit the application of the reversion clause in the
legislation that conveyed that land, and to declare an emergency.
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 Behavioral Connections of
Wood County, Inc., an Ohio nonprofit corporation, and its
successors and assigns, all of the state's right, title, and
interest obtained from, imposed by, or reserved on the following
parcels of land by instruments recorded in Volume 557, Page 178
and Volume 585, Page 230, Deed Records, Wood County, Ohio, and
to release such parcels of land from all restrictions and reversions
imposed by such instruments:
Parcel Number 1. On which the State of Ohio reserved certain
interests in, and imposed certain restrictions on, the land
described as follows by instrument dated July 11, 1979, received
for record on July 19, 1979 at 2:47 p.m. and recorded in Volume
557, Page 178, Deed Records, Wood County, Ohio: Situated in the City of Bowling Green, Wood County, Ohio, and further
described as follows: Lot numbers 1754 N1/2; 1755 N1/2; 1756 N1/2 and E 43' of S1/2; 1757; 1758;
1759; and 1760; 1761; 1766 and E 50' of 1767 in the City of Bowling Green,
Wood
County, State of Ohio; said parcel containing 1.496 acres more or less and
subject to all legal highways, right of ways, easements, and appurtenances
thereunto included. Parcel Number 2. For which the Wood County Mental Health
Clinic, Inc., an Ohio nonprofit corporation, which merged with
and into Behavioral Connections of Wood County, Inc., an Ohio
nonprofit corporation, granted the State of Ohio a reversionary
interest in the following described land by instrument dated
December 15, 1982, received for record on March 29, 1983, at 2:46
p.m. and recorded in Volume 585, Page 230, Deed Records, Wood
County, Ohio: Situated in the County of Wood, in the State of Ohio, and City of Bowling
Green, and bounded and described as follows: South 1/2 of lots, 1754 and 1755
and the West 14' of the South one-half of lot 1756. (B) Consideration for conveyance of the rights to the
parcels described in division (A) of Section 1 of this act is one dollar. (C) The conveyance authorized by Section 1 of this act is conditioned upon
the receipt by
Behavioral Connections of Wood County, Inc., of a grant from the federal
Department of
Housing and Urban Development to construct a residential facility for
chronically mentally ill persons. If, within one year after the effective
date of this act, Behavioral Connections of Wood County, Inc., has not
executed an
agreement with the Department of Housing and Urban Development under which
Behavioral Connections of Wood County, Inc., will receive the grant to
construct the facility, the interests conveyed by Section 1 of this act shall
immediately
revert to the State without the need for any further action by the State. (D) All costs of the conveyance authorized by Section 1
of this act shall be paid by Behavioral Connections of Wood
County, Inc. (E) Upon receipt of the consideration described in division (B) of Section 1
of this act, the Auditor of
State, with the assistance of the Attorney General, shall
prepare a deed to the real estate described in division (A) of Section 1 of
this act. The deed shall state the consideration and the condition described
in division (C) of Section 1 of this act. 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
grantee. The grantee shall present the deed for recording in
the Office of the County Recorder of Wood County. SECTION 2 . That Section 5 of Am. H.B. 166 of the 115th General
Assembly, as amended by Am. Sub. H.B. 636 of the 118th General
Assembly, be amended to read as follows:
"Sec. 5. Consideration for the conveyance of the real estate described in
Section 4 of this act
Am. H.B. 166 of
the 115th General Assembly
shall be the mutual benefit to the City of Cincinnati and the state from the
use of the real estate for research
and will include the application of
high-technology processes to product service and light manufacturing
activities and related business offices, prototype manufacturing related to
research activities, general business offices, and
general services which are intended to provide support and service to tenants
within the park. As used in this section, "research" means any use that
serves the public purposes of developing new knowledge,
advancing technology, or enhancing economic growth within this
state, including all of the following uses: (A) Laboratories and testing or
analyzing facilities; (B) General business
office space; (C) Medical office,
clinical, and medical treatment facilities; (D) Light manufacturing
and distribution facilities; (E) Assembly of
equipment of components; (F) Retail use,
including any restaurant that is incidental to and in support of
the permitted uses; (G) support and
maintenance shops for facilities within the park; (H) Parking and
driveways incidental to building use; (I) Utilities and waste
disposal or treatment facilities associated with the permitted
uses; (J) Convention,
conference, lecture, and meeting facilities, overnight guest
accommodations, or library or other educational support
facilities; (K) General services
that are intended to provide support and service to owners,
tenants, and other occupants of the real estate and their
invitees, including conference centers, day-care centers,
restaurants, automated teller machines, and similar uses if such
uses are conducted primarily for the convenience of owners,
tenants, and other occupants of the real estate and their
invitees; (L) Development of
packaging and marketing concepts, DESIGN and development of
packaging equipment and processes and packaging and distribution
facilities, and telemarketing and market research." SECTION 3 . That existing Section 5 of Am. H.B. 166 of the 115th
General Assembly, as amended by Am. Sub. H.B. 636 of the 118th
General Assembly, is hereby repealed.
SECTION 4 . That Section 6 of Am. H.B. 166 of the 115th General
Assembly be amended to read as follows:
"Sec. 6. The real estate conveyed by Sections 4 to 8 of this act
Am. H.B. 166 of
the 115th General Assembly
shall be used exclusively for the purpose of high technology research
as defined in
Section 5 of Am. H.B. 166 of the
115th General Assembly, as amended by
Am. Sub. H.B. 636 of the
118th General Assembly and by Sub.
H.B. 55 of the 122nd General
Assembly, and upon the termination of the use of the real estate
for this purpose, all
right, title, and interest in the real estate described in Section 4 of
this act Am. H.B. 166 of
the 115th General Assembly
shall revert to the state. With respect to the real estate described in Section 4 of
Am. H.B. 166 of the 115thGeneral Assembly, to the extent that
any subdivided lot that is a part of the real estate is used for
a purpose other than the permitted uses defined in Section 5 of
am. H.B. 166 of the 115thGeneral Assembly, as amended by Am. Sub.
H.B. 636 of the 118th General
Assembly and by Sub. H.B. 55 of the
122nd General Assembly, all right, title, and
interest in that subdivided lot shall revert to the state. Such reversions,
however, shall not affect any
other subdivided lot forming a part of the real estate, so long
as that other subdivided lot is used in a manner consistent with
the permitted uses. Further, no easements appurtenant to any
subdivided lot forming a part of the real estate, which
easements appurtenant are in, on, under, or across any part of
the real estate, shall be disturbed by the right of reversion
unto the state, so long as the subdivided lot to which those
easements are appurtenant is used in a manner consistent with
the permitted uses. In any event, this section does not apply
to the real estate described in Section 4 of Am.
H.B. 166 of the 115th General
Assembly on or after December 31, 1999." SECTION 5 . That existing Section 6 of Am. H.B. 166 of the 115th
General Assembly is hereby repealed. SECTION 6 . Within 30 days after the effective date
of this act, the Auditor of State shall, with the assistance of
the Attorney General, prepare a Quit Claim Deed to the Institute
of Advanced Manufacturing Sciences, Inc., reflecting the revised
use restrictions as provided in Sections 2 through 5 of this act. The deed
shall be
executed by the Governor, countersigned by the Secretary of
State, recorded in the Office of the Auditor of State, and
delivered to the Institute of Advanced Manufacturing Sciences,
Inc., which shall present the deed for recording in the Office
of the Hamilton County Recorder.
SECTION 7 . This act expires one year after its effective date.
SECTION 8 . This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is
that its enactment into law at the earliest possible time will
enable Behavioral Connections of Wood County, Inc., to proceed
with construction by March 1997, which is necessary to avoid
rebidding the project and to enable Behavioral Connections of
Wood County, Inc., to receive a grant of approximately one
million dollars from the federal Department of Housing and Urban
Development to construct and operate a residential facility for
chronically mentally ill persons and will enable the City of Cincinnati to
receive a grant from the United States Food and Drug Administration.
Therefore, this act shall go
into immediate effect.
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