130th Ohio General Assembly
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As Reported by the House Housing and Public Lands Committee

122nd General Assembly
Regular Session
1997-1998
Sub. S. B. No. 113

SENATORS LATTA-B. JOHNSON-BLESSING-FINAN-
REPRESENTATIVES GARCIA-O'BRIEN


A BILL
To authorize the conveyance of state-owned real estate in Lucas County to Community Residential Services, Inc.; to authorize the conveyance of state-owned real estate in Ottawa County to Ottawa Residential Services, Inc.; to authorize the conveyance of state-owned real estate in Wood County to the Wood County Mental Retardation and Developmental Disabilities Board; and to authorize the conveyance of state-owned real estate in Hamilton County to the Board of County Commissioners of Hamilton County.

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 Community Residential Services, Inc., located in Lucas County, and its successors and assigns, all of the state's right, title, and interest in the following described real estate, which is a residence used as a group home, located in the City of Toledo in Lucas County, being those lands conveyed to the State of Ohio by Official Record 77 230C11 and 77 230C12, Recorder's Office, Lucas County, Ohio:

The northerly one hundred forty-five (145) feet of the southerly three hundred eleven and three-tenths (311.3) feet (as measured from the north line of Hill Avenue sixty (60) feet wide) of the east three hundred thirty (330) feet of the west one-half (1/2) of the east one-half (1/2) of the southwest quarter (1/4) of Section two (2), Town two (2), United States Reserve of Twelve (12) Miles Square at the foot of the Rapids of the Miami of Lake Erie, in the City of Toledo, Lucas County, Ohio.

Subject to legal highways.

(B) Consideration for conveyance of the real estate described in division (A) of this section is the mutual benefit accruing to the state, to Community Residential Services, Inc., and to Lucas County by having Community Residential Services, Inc., continue to operate the residential group home program and maintain the property in which the program is held.

(C) Community Residential Services, Inc., shall use the real estate described in division (A) of this section for services for persons with mental retardation and developmental disabilities. If Community Residential Services, Inc., ceases to use that real estate for such services, the state may reenter upon its former estate.

(D) Within one year after the effective date of this section, the Auditor of State, with the assistance of the Attorney General, shall prepare a deed to the real estate. The deed shall state the consideration set forth in division (B) of this section and the right of reentry set forth in division (C) of this section. 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 Community Residential Services, Inc. Community Residential Services, Inc., shall present the deed for recording in the Office of the Lucas County Recorder.

(E) Community Residential Services, Inc., shall pay the costs of the conveyance described in division (A) of this section.

(F) This section expires one year after its effective date.


Section 2. (A) The Governor is hereby authorized to execute a deed in the name of the state conveying to Ottawa Residential Services, Inc., located in Ottawa County, and its successors and assigns, all of the state's right, title, and interest in the following described real estate, which is a residence used as a group home:

[I]n the Plat of East Clinton, sometimes called O. J. True's Addition, and being those lands conveyed to the State of Ohio by Deed of Record in Deed Book 272, Pages 145 and 146, Recorder's Office, Ottawa County, Ohio: The east half of the east half of lots numbered 1 and 2 in Block No. 2; Also that part of Lot No. 3 in said Block No. 2 which is described as follows:

Beginning at the northeast corner of said Lot No. 3; thence west along the north line of said lot No. 3, 50.0 feet; thence south, parallel with the east line of said lot, 40.0 feet; thence east, parallel with the north line of said lot, 50.0 feet to the east line of said lot; and thence north to the place of beginning;

Together with the easement and right of way over a parcel of land 10.0 feet wide lying immediately south of the premises hereby conveyed, which said easement and right of way was conveyed to E. B. Mizner by the deed recorded in Vol. 78, Page 526 of the Ottawa County Deed Records.

(B) Consideration for conveyance of the real estate described in division (A) of this section is the mutual benefit accruing to the state, to Ottawa Residential Services, Inc., and to Ottawa County by having Ottawa Residential Services, Inc., continue to operate the residential group home program and maintain the property in which the program is held.

(C) Ottawa Residential Services, Inc., shall use the real estate described in division (A) of this section for services for persons with mental retardation and developmental disabilities. If Ottawa Residential Services, Inc., ceases to use that real estate for such services, the state may reenter upon its former estate.

(D) Within one year after the effective date of this section, the Auditor of State, with the assistance of the Attorney General, shall prepare a deed to the real estate. The deed shall state the consideration set forth in division (B) of this section and the right of reentry set forth in division (C) of this section. 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 Ottawa Residential Services, Inc. Ottawa Residential Services, Inc., shall present the deed for recording in the Office of the Ottawa County Recorder.

(E) Ottawa Residential Services, Inc., shall pay the costs of the conveyance described in division (A) of this section.

(F) This section expires one year after its effective date.


Section 3. (A) The Governor is hereby authorized to execute a deed in the name of the state conveying to the Wood County Mental Retardation and Developmental Disabilities Board, and its successors and assigns, all of the state's right, title, and interest in the following described real estate, which is a residence used as a group home, located in the Village of Walbridge in Wood County, Ohio, being those lands conveyed to the State of Ohio by Deed of Record in Deed Book 537, Page 353, Recorder's Office, Wood County, Ohio:

Lot number nine hundred twenty-nine (929) in Meadowbrook Estates in the Village of Walbridge, Wood County, Ohio.

Commonly known as 300 Elm St.

(New Parcel # H31-71204-030-7000.)

(B) Consideration for conveyance of the real estate described in division (A) of this section is the mutual benefit accruing to the state, to the Wood County Mental Retardation and Developmental Disabilities Board, and to Wood County, by having the Wood County Mental Retardation and Developmental Disabilities Board continue to operate the residential group home program and maintain the property in which the program is held.

(C) Wood County Mental Retardation and Developmental Disabilities Board shall use the real estate described in division (A) of this section for services for persons with mental retardation and developmental disabilities. If Wood County Mental Retardation and Developmental Disabilities Board ceases to use that real estate for such services, the state may reenter upon its former estate.

(D) Within one year after the effective date of this section, the Auditor of State, with the assistance of the Attorney General, shall prepare a deed to the real estate. The deed shall state the consideration set forth in division (B) of this section and the right of reentry set forth in division (C) of this section. 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 Wood County Mental Retardation and Developmental Disabilities Board. The Board shall present the deed for recording in the Office of the Wood County Recorder.

(E) The Wood County Mental Retardation and Developmental Disabilities Board shall pay the costs of the conveyance described in division (A) of this section.

(F) This section expires one year after its effective date.


Section 4. (A) The Governor is hereby authorized to execute a deed in the name of the state conveying to the Board of County Commissioners of Hamilton County and its successors and assigns, all of the state's right, title, and interest in the following described real estate, known as the Millcreek Children's Hospital site:

SITUATED IN SECTION 12, TOWN 3, FRACTIONAL RANGE 2, MIAMI PURCHASE, MILLCREEK TOWNSHIP, CITY OF CINCINNATI, HAMILTON COUNTY, STATE OF OHIO, AND BEING THE MILLCREEK PSYCHIATRIC CENTER FOR CHILDREN, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;

BEGINNING AT A POINT IN THE WEST RIGHT OF WAY LINE OF PADDOCK ROAD (WEST RIGHT OF WAY LINE 40.00 FEET WEST OF THE CENTERLINE OF PADDOCK ROAD) AT THE NORTH RIGHT OF WAY LINE OF TOWANDA TERRACE, SAID POINT BEING ALSO THE SOUTHEAST CORNER OF LOT NO. 4, MAKETEWAH VIEW SUBDIVISION, RECORDED IN PLAT BOOK 33, PAGES 82 & 83, HAMILTON COUNTY RECORDER'S OFFICE,

THENCE NORTH 4 DEGREES 05 MINUTES 13 SECONDS EAST ALONG THE WEST RIGHT OF WAY LINE OF PADDOCK ROAD (WEST RIGHT OF WAY LINE 40.00 FEET WEST OF THE CENTERLINE OF PADDOCK ROAD) AND THE EAST LINE OF SAID LOT NO. 4 A DISTANCE OF 65.00 FT. TO THE NORTHEAST CORNER OF SAID LOT NO 4 AND THE NORTH RIGHT OF WAY LINE OF PADDOCK ROAD,

THENCE SOUTH 82 DEGREES 40 MINUTES 47 SECONDS EAST ALONG THE NORTH RIGHT OF WAY OF PADDOCK ROAD A DISTANCE OF 10.02 FT. TO THE WEST RIGHT OF WAY LINE OF PADDOCK ROAD (WEST RIGHT OF WAY LINE 30.00 FEET WEST OF THE CENTERLINE OF PADDOCK ROAD),

THENCE NORTH 4 DEGREES 05 MINUTES 13 SECONDS EAST ALONG THE WEST RIGHT OF WAY LINE OF PADDOCK ROAD (WEST RIGHT OF LINE 30.00 FEET WEST OF THE CENTERLINE OF PADDOCK ROAD) A DISTANCE OF 70.00 FT. TO A CROSS NOTCH SET AT THE NORTH LINE OF LOT NO. 3, ESTATE OF M. KUHL AND J.W. SPRONG AS RECORDED IN PLAT 2 BOOK, PAGE 203, HAMILTON COUNTY RECORDER'S OFFICE, THE REAL PLACE OF BEGINNING FOR THIS CONVEYANCE,

THENCE NORTH 82 DEGREES 40 MINUTES 47 SECONDS WEST ALONG THE NORTH LINE OF SAID LOT 3 (PASSING A SET 5/8" IRON PIN AT 55.60 FT. AND PASSING A SET 5/8" IRON PIN AT 127.87 FT.) A DISTANCE OF 169.96 FT. TO THE NORTHEAST CORNER OF LOT NO. 5, MAKETEWAH VIEW SUBDIVISION AS RECORDED IN PLAT BOOK 33, PAGES 82 & 83, HAMILTON COUNTY RECORDER'S OFFICE,

THENCE NORTH 82 DEGREES 40 MINUTES 47 SECONDS WEST ALONG THE NORTH LINE OF MAKETEWAH VIEW SUBDIVISION AS RECORDED IN PLAT BOOK 33, PAGES 82 & 83, HAMILTON COUNTY RECORDER'S OFFICE (PASSING A SET 5/8" IRON PIN AT 231.39' FT., PASSING A SET 5/8" IRON PIN AT 389.13 FT., PASSING A SET 5/8" IRON PIN AT 733.85 FT.) A DISTANCE OF 797.45 FT. TO A SET 5/8" IRON PIN AT THE NORTHWEST CORNER OF LOT NO. 17 MAKETEWAH VIEW SUBDIVISION AS RECORDED IN PLAT BOOK 33, PAGES 82 & 83 (SAID POINT BEING ALSO NORTHEAST CORNER OF LOT NO.1, MAKETEWAH SUBDIVISION, 1ST SECTION AS RECORDED IN PLAT BOOK 37, PAGE 31, HAMILTON COUNTY RECORDER'S OFFICE,

THENCE NORTH 82 DEGREES 40 MINUTES 47 SECONDS WEST ALONG THE NORTH LINE OF MAKETEWAH SUBDIVISION, 1ST SECTION AS RECORDED IN PLAT BOOK 37, PAGE 31, HAMILTON COUNTY RECORDER'S OFFICE (PASSING A SET 5/8" IRON PIN AT 240.79 FT.) A DISTANCE OF 487.62 FT. TO A SET 5/8" IRON PIN AT THE NORTHWEST CORNER OF LOT NO. 10, MAKETEWAH SUBDIVISION, 1ST SECTION (SAID POINT BEING ALSO THE NORTH RIGHT OF WAY LINE OF I-75 (HAM.4W-7.81-MILLCREEK EXPRESSWAY),

THENCE NORTH 82 DEGREES 40 MINUTES 47 SECONDS WEST ALONG THE NORTH RIGHT OF WAY LINE OF I-75 (HAM 4W-7.81-MILLCREEK EXPRESSWAY) A DISTANCE OF 28.14 FT. TO A SET IRON PIN AT THE EASTERLY RIGHT OF WAY LINE OF I-75 (HAM-4W-MILLCREEK EXPRESSWAY),

THENCE NORTHEASTWARDLY ALONG THE EASTERLY RIGHT OF WAY LINE OF I-75 (HAM-4W-7.81-MILLCREEK EXPRESSWAY) THE FOLLOWING FOUR COURSES,

1) NORTH 14 DEGREES 57 MINUTES 14 SECONDS EAST A DISTANCE OF 374.15 FT. TO A SET 5/8" IRON PIN,

2) NORTH 28 DEGREES 19 MINUTES 06 SECONDS EAST A DISTANCE OF 102.00 FT. TO A SET 5/8" IRON PIN,

3) NORTH 11 DEGREES 17 MINUTES 39 SECONDS EAST A DISTANCE OF 301.53 FT. TO A SET 5/8" IRON PIN,

4) NORTH 17 DEGREES 37 MINUTES 39 SECONDS EAST A DISTANCE OF 42.13 FT. TO A SET 5/8" IRON PIN AT THE SOUTH RIGHT OF WAY LINE OF 66TH STREET,

THENCE SOUTH 80 DEGREES 57 MINUTES 27 SECONDS EAST ALONG THE SOUTH RIGHT OF WAY LINE OF 66TH STREET A DISTANCE OF 1325.67 FT. TO THE WEST RIGHT OF WAY LINE OF PADDOCK ROAD,

THENCE SOUTH 4 DEGREES 05 MINUTES 13 SECONDS WEST ALONG THE WEST RIGHT OF WAY LINE OF PADDOCK ROAD (WEST RIGHT OF WAY LINE 30.00 FT. WEST OF THE CENTERLINE OF PADDOCK ROAD) (PASSING A SET 5/8" IRON PIN AT 1.00 FT.) A DISTANCE OF 769.70 FT. TO THE PLACE OF BEGINNING.

CONTAINING 25.360 ACRES.

BASIS FOR BEARINGS USED IN DESCRIPTION -R/W SHEETS 257, 264, 265 I-75, MILLCREEK EXPRESSWAY, HAM. 4W-781

BEING PART OF THE PREMISES CONVEYED TO THE GRANTOR HEREIN AS RECORDED IN DEED BOOK 2279 PAGE 583-585, HAMILTON COUNTY RECORDER'S OFFICE.

DESCRIPTION PREPARED BY NORBERT E. KOOPMAN, 3640 EPWORTH AVENUE, CINCINNATI, OHIO, 45211, REGISTRATION NUMBER 4417, STATE OF OHIO.

(B) Consideration for conveyance of the real estate described in division (A) of this section is a purchase price of one million five hundred thousand dollars and no cents ($1,500,000.00).

(C) 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. If any of the proceeds remain after payment of all interest, principal, and charges for the issuance and retirement of the bonds, the remaining proceeds shall be credited to the Department of Mental Health Trust Fund, created by section 5119.18 of the Revised Code.

(D) The Board of County Commissioners of Hamilton County shall pay the costs of the conveyance of the real estate described in division (A) of this section.

(E) Upon payment of the purchase price by the Board of County Commissioners of Hamilton County, the Auditor of State, with the assistance of the Attorney General, shall prepare a deed to the real estate. 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 Board of County Commissioners of Hamilton County. The Board of County Commissioners of Hamilton County shall present the deed for recording in the Office of the Hamilton County Recorder.

(F) This section expires one year after its effective date.

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