130th Ohio General Assembly
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(122nd General Assembly)
(Amended Substitute Senate Bill Number 18)



AN ACT
To authorize the conveyance of state-owned real estate in Summit County to Sagamore Hills Township, to authorize the conveyance of state-owned real estate in Summit County to the City of Akron, and to authorize the conveyance of state-owned real estate in Summit County to the FIJI House Corporation of the University of Akron.

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 Board of Trustees of Sagamore Hills Township, Summit County, Ohio, and its successors and assigns, all of the state's right, title, and interest in the following described real estate:

Parcel 1:

Situated in the State of Ohio, County of Summit, Township of Sagamore Hills, being part of original Northfield Township Lots 72 and 73, further bounded and described as follows:

Beginning at a 1" rebar found at the southwest corner of said Lot 72 and being the True Place of Beginning for the parcel being described herein;

Thence, N 00°52'19" W, along the west line of said Lot 72 and the east line of land described in deed to Mildred K. Meywes by Deed Volume 3682, Page 403 of Summit County Record of Deeds, 502.19 feet to a 5/8" pipe found at the southwest corner of land described in deed to Jeanne M. Homik by Deed Volume 5864, Page 599 of Summit County Records of Deeds;

Thence, N 89°10'16" E, leaving the west line of said Lot 72 and the east line of said Meywes lands, along the south line of said Homik lands, 682.29 feet to a point at the southeast corner of said Homik lands. Said point being witnessed by a 2" iron pipe found S 01°42'58" E, 0.41 feet;

Thence, N 01°42'58" W, along the east line of said Homik lands, passing thru a 5/8" capped rebar set on the southerly line of Valley View Road (S.R. 63, 100' R/W) 645.98 feet, a total distance of 703.74 feet to the centerline of said road;

Thence, southeasterly, 114.84 feet along the arc of a curve deflecting to the right, having a radius of 1432.40 feet, a central angle of 4°35'38" and a chord which bears S 59°57'26" E, 114.81 feet to a point at the northwesterly corner of land described in deed to M.L. Bergold and Karen A. Dzurko by O.R. 1507, Page 738 of Summit County Records;

Thence, S 01°42'58" E, leaving said centerline along the west line of said Bergold and Dzurko lands, passing thru a 5/8" capped rebar set on the southerly line of said road at 60.86 feet, a total distance of 644.82 feet to the southwest corner of said Bergold and Dzurko lands, said point being witnessed by a 1/2" iron bar found S 23°33'28" W, 0.52 feet;

Thence, N 89°10'16" E, along the south line of said Bergold and Dzurko lands and the south line of land described in deed to F.C. and M.A. Zielinski by Deed Volume 1326, Page 838 of Summit County Records of Deeds, 226.80 feet to a concrete post found at the southeasterly corner of said Zielinski lands;

Thence, S 00°14'24" E, leaving said Zielinski lands along the west line of said Township lands, 510.22 feet to a 3/4" iron bar found;

Thence, S 89°50'43" E, along the south line of said Township lands, 183.49 feet to a 5/8" rebar found at the northwest corner of land described in deed to David and Susan E. MacRaild by Deed Volume 5525, Pages 388-392 of Summit County Records of Deeds;

Thence, S 01°57'48" E, along the west line of said MacRaild lands, and the west lines of Robert J. Tonsing, Donald G. and Ruth V. Vassler, 820.00 feet to a 5/8" capped rebar set;

Thence, S 89°04'45" W, 1194.70 feet to the center of a concrete post found in the west line of said Lot 73;

Thence, N 01°14'55" W, along the west line of Lot 73, 832.92 feet to the True Place of Beginning and containing 35.766 acres of land but subject to all legal highways, easements and restrictions, if any, as surveyed by Robert J. Warner, P.S., Number 6931 for Environmental Design Group, Inc. in July 1996.

The Basis of Bearing for the above described parcel is grid north, Ohio State Plane Coordinate System, North Zone.

Parcel 2:

Situated in the State of Ohio, County of Summit, Township of Sagamore Hills, being part of original Northfield Township Lot 72 further bounded and described as follows:

Commencing for reference at a 1" rebar found at the southwest corner of said lot;

Thence, N 00°52'19" W, along the west line of said lot, 502.19 feet to a 5/8" pin found;

Thence, N 89°10'16" E, leaving the west line of said lot, 682.29 feet to a point;

Thence, N 01°42'58" W, 703.74 feet to a point in the centerline of Valley View Road (S.R. 63, 100' R/W) and the True Place of Beginning for the parcel being described herein;

Thence, N 01°42'58" W, leaving said centerline, passing thru a 5/8" capped rebar set on the northerly line of said road at 57.12 feet, and a 5/8" capped rebar set on the southerly line of Canal Road (100' R/W) at 140.71 feet, at total distance of 190.72 feet to the centerline of said Canal Road;

Thence, N 89°10'52" E, along said centerline, 97.64 feet to a point;

Thence, S 01°42'58" E, passing thru a 5/8" capped rebar set on the south line of Canal Road at 50.01 feet, and a 5/8" capped rebar set on the north line of Valley View Road at 189.73 feet, a total distance of 249.62 feet to the centerline of Valley View Road;

Thence, northwesterly, 114.84 feet along the arc of a curve deflecting to the left and having a radius of 1432.40 feet, central angle of 4°35'38" and a chord which bears N 59°57'26" W, 114.81 feet to the True Place of Beginning and containing 0.491 acres of land, but subject to all legal highways, easements and restrictions, if any, as surveyed by Robert J. Warner, P.S., Number 6931 for Environmental Design Group, Inc. in July 1996.

The Basis of Bearing for the above described parcel is grid north, Ohio State Plane Coordinate System, North Zone.

(B) Consideration for conveyance of the real estate described in division (A) of this section is a purchase price of $181,285.00. The net proceeds of the purchase price shall be paid to the Treasurer of State, to the credit of the Department of Mental Health Trust Fund.

(C) Upon payment of the purchase price under 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 Board of Trustees of Sagamore Hills Township. The Board of Trustees of Sagamore Hills Township shall present the deed for recording in the Office of the Summit County Recorder.

SECTION 2 .  (A) The Governor is hereby authorized to execute a deed in the name of the state conveying to the City of Akron in Summit County and its successors and assigns all of the state's right, title, and interest in the following described real estate:

Parcel Number 1:

Situated in the City of Akron, County of Summit, State of Ohio, and bounded and described as follows:

Parcel No. 23WD

Situated in the City of Akron, County of Summit and State of Ohio, and known as being a part of the Perkins Allotment as recorded in P.B. 1, Pg. 38, Block 12 of the Summit County Records, and more fully described as follows:

Beginning at a point on the north right-of-way of Forge Street and the west right-of-way line of Fir Hill Street, said point also being the southeast corner of Block 12;

Thence N 01° 08' 54" W along the west right-of-way line of Fir Hill Street a distance of 50.00 feet to a point, said point being the place of beginning for the land herein described, said point also being at (Sta. 1+70.26 Fir Hill Street, 30.00 feet left of centerline Fir Hill Street) per Project M-IT 15(1);

Thence S 88° 51' 06" W a distance of 2.50 feet to a point;

Thence N 01° 08' 54" W a distance of 1.00 feet to a point;

Thence N 88° 51' 06" E a distance of 2.50 feet to a point, said point being on the west right-of-way line of Fir Hill Street;

Thence S 01° 08' 54" E a distance of 1.00 feet to the place of beginning and containing 2.50 square feet of land.

Parcel Number 2:

Situated in the City of Akron, County of Summit, State of Ohio, and bounded and described as follows:

Parcel No. 20WD

Situated in the City of Akron, County of Summit and State of Ohio, and known as being part of Lot 7 in the Perkins Allotment as recorded in P.B. 1, Pg. 38, Block 13 of the Summit County Records, and more fully described as follows:

Beginning at a point on the east right-of-way line of Union Street, said point being N 01° 08' 54" W, a distance of 26.55 feet from the southwest corner of said Lot 7, also being at (Sta. 3+34.5 Union Street, and 30.00 feet right of centerline Union Street) per project M-IT 15(1);

Thence N 01° 08' 54" W a distance of 1.00 feet to a point;

Thence N 88° 51' 06" E, a distance of 2.50 feet to a point;

Thence S 01° 08' 54" E a distance of 1.00 feet to a point;

Thence S 88° 51' 06" W a distance of 2.50 feet to the place of beginning and containing 2.50 square feet of land.

Parcel Number 3:

Situated in the City of Akron, County of Summit, State of Ohio, and bounded and described as follows:

Parcel No. 21WD

Situated in the City of Akron, County of Summit and State of Ohio, and known as being part of Lot 5 in the Perkins Allotment as recorded in P.B. 1, Pg. 38, Block 13 of the Summit County Records and more fully described as follows:

Beginning at a point on the east right-of-way line of Union Street, said point being at (Sta. 5+05.7 Union Street, and 30.00 feet right of centerline Union Street) per Project M-IT 15(1), point also being the northwest corner of Lot 5;

Thence N 88° 51' 06" E along the north line of Lot 5 a distance of 20.00 feet to a point;

Thence S 01° 08' 54" E a distance of 10.00 feet to a point;

Thence S 88° 51' 06" W a distance of 20.00 feet to a point, said point being on the east right-of-way line of Union Street;

Thence N 01° 08' 54" W a distance of 10.00 feet to the place of beginning and containing 200.00 square feet of land.

Parcel Number 4:

Situated in the City of Akron, County of Summit, State of Ohio, and bounded and described as follows:

Parcel No. 1BWD

Situated in the City of Akron, County of Summit and State of Ohio, and known as being a part of the Perkins Allotment as recorded in P.B. 1, Pg. 38, Block 14 of the Summit County Records and more fully described as follows:

Beginning at the intersection of the north right-of-way line of Forge Street and the east right-of-way line of Fir Hill Street, said point being the southwest corner of Block 14 and also being at (Sta. 37+93.53 Forge Street, 30.00 feet left of centerline Forge Street) per Project M-IT 15(1);

Thence N 66° 54' 26" E along the north right-of-way line of Forge Street a distance of 65.47 feet to the place of beginning for the land herein described;

Thence N 23° 05' 34" W a distance of 30.00 feet to a point;

Thence N 66° 54' 26" E a distance of 10.00 feet to a point;

Thence S 23° 05' 34" E a distance of 30.00 feet to a point, said point being on the north right-of-way line of Forge Street;

Thence S 66° 54' 26" W along said right-of-way line a distance of 10.00 feet to the place of beginning and containing 300.00 square feet of land.

(B) Consideration for the conveyance of the real estate described in division (A) of this section is a purchase price of $23,695 to be paid by the City of Akron to the University of Akron and retained by the University of Akron for its use and benefit as it may direct.

(C) Upon payment of the purchase price under division (B) of this section to the University of Akron, 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 Akron. The City of Akron shall present the deed for recording in the office of the Summit County Recorder.

SECTION 3 .  (A) The Governor is hereby authorized to execute a deed in the name of the state conveying to the FIJI House Corporation of the University of Akron and its successors and assigns all of the state's right, title, and interest, reserving a right of first refusal described in division (B) of this section, in the following described real estate:

Situated in the City of Akron, County of Summit and State of Ohio, and being the same lands as described in Deed Book 5799, Page 732, Summit County Recorder's Office:

And being a part of Tract 8, Lot 3, formerly Portage Township and beginning at a point in the East line of Spicer Street 100 feet North of the intersection of the East line of said Spicer Street and the North line of Vine Street; thence East parallel to the North line of Vine Street about 184 feet; thence Northerly 20 feet; thence East on a line parallel to Vine Street about 40 feet; thence North on a line parallel to the East line of said Spicer Lot No. 23 and 40 feet Westerly therefrom about 60 feet to lands of Mary M. Gardner; thence Westerly along the Southerly line of said Gardner lands to the East line of Spicer Street; thence South along the East line of Spicer Street 80 feet to the place of beginning.

(B) The State reserves a right of first refusal to purchase or lease the real estate described in division (A) of this section for the use and benefit of the University of Akron. If the FIJI House Corporation of the University of Akron wishes to sell or lease the real estate described in division (A) of this section, the FIJI House Corporation of the University of Akron shall give the State (University of Akron) not less than sixty days' prior written notice of the terms of any contemplated sale or lease with the name and address of the proposed purchaser. The State (University of Akron) shall have the first right and option to purchase or lease the real estate described in division (A) of this section upon the same terms. The option shall be exercisable for a period of sixty days following the date of receipt of the notice.

(C) Consideration for the conveyance of the real estate described in division (A) of this section is a purchase price of $285,000 to be paid by the FIJI House Corporation of the University of Akron to the University of Akron for its use and benefit as it may direct.

(D) Upon payment of the purchase price under division (C) 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 and the reservation under division (B) 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 FIJI House Corporation of the University of Akron. The FIJI House Corporation of the University of Akron shall present the deed for recording in the office of the Summit County Recorder.

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

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