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As Passed by the House
122nd General Assembly
Regular Session
1997-1998 | Am. S. B. No. 188 |
SENATORS KEARNS-LATTA-BLESSING-LATELL-
REPRESENTATIVES MEAD-GARCIA-BRITTON-O'BRIEN-WINKLER-OPFER-
HARTLEY-HAINES-REID-LOGAN-GRENDELL-HOUSEHOLDER-BENDER-MOTTL
A BILL
To authorize the conveyance of a parcel of real estate located in Clark County
and known as the Springfield Post of the State Highway Patrol to the Community
Improvement Corporation of Springfield and Clark County, to authorize the
conveyance of a parcel of real estate located in Trumbull County to Clifton W.
Brewster and Darla M. Brewster, to authorize the conveyance of approximately
1.5 acres of real estate of the Department of Natural Resources in Erie County
to the Kelleys Island Board of Education, 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 the Community
Improvement Corporation of Springfield and Clark County (the
Community Improvement Corporation) and its successors and
assigns all of the state's right, title, and interest in the
following described real estate located in Clark County and
known as the Springfield Post of the State Highway Patrol:
Situated in the State of Ohio, County of Clark, and in Springfield Township,
and being part of the Southwest Quarter of Section 5, Town 5, Range 9, M.R.S.
and bounded and described as follows:
Beginning at a concrete marker in the South right of way line of United States
Route Number Forty (40) Sixty (60) feet south of and at right angles to
Station Nine Hundred Twenty-six (926) plus Fifty-three and nine tenths (53.9)
feet in the centerline of a Survey made by the Ohio State Department of
Highways and recorded in Book seven (7) Page Seventy-four (74) of the Clark
County Records. Said marker also being the intersection of the Section Line
between Section 5, Town 5, Range 9, and Section 11, Town 5, Range 9 with said
South Right of Way line of United States Route Number Forty (40).
Thence in a northerly direction with the Section line between Section 5, Town
5, Range 9 and Section 11, Town 5, Range 9, for a distance of One Hundred
twenty-five and two tenths (125.2) feet to a point in the Centerline of the
old U.S. Route forty (40) as it existed prior to the construction of State
Highway Project No. 570 in 1948 and which is now the centerline of the West
Bound traffic lanes of U.S. Route forty (40) said point being Sixty-five (65)
feet north of and at right angles to Station nine hundred twenty-six (926)
plus Sixty-one and four tenths (61.4) feet in the centerline of the aforesaid
Survey; thence in an Easterly direction with the old Centerline of USR forty
(40) Two Hundred (200) feet to a point in said Old Centerline of USR forty
(40) said point being Sixty-five (65) feet North of and at right angles to
Station nine hundred twenty-eight (928) plus Sixty-one and four tenths (61.4)
feet in the centerline of the aforesaid Survey; thence in a Southerly
direction and parallel to the said Section line between Section 5, Town 5,
Range 9 and Section 11, Town 5, Range 9 for a distance of Three hundred
forty-four (344) feet to a concrete monument, said line intersecting the
present South Right of Way line of USR Forty (40) at a concrete monument in
said Right of Way line Sixty (60) feet South of, and at right angles to,
Station Nine Hundred Twenty-eight (928) plus fifty-three and nine tenths
(53.9) feet in the centerline of said Survey; thence in a Westerly direction
parallel to the said South Right of Way line of USR forty (40), for a distance
of Two hundred (200) feet to a concrete monument in the said Section Line
between Section 5, Town 5, Range 9 and Section 11, Town 5, Range 9, said point
being two hundred and eighteen and eight tenths (218.8) feet south of the
point of beginning; thence in a Northerly direction with said Section Line for
a distance of Two Hundred eighteen and eight tenths (218.8) feet to the point
of beginning.
Containing One and Fifty-seven hundredths (1.57) Acres, more or less, of which
the present highway USR 40 occupies Fifty seven hundredths (0.57) acres
leaving One (1) Acre, more or less.
All stationing referred to in the foregoing being the station numbers as
stipulated in the hereinbefore mentioned Survey as shown by plans on file in
the Department of Highways, Columbus, Ohio.
Being part of the same premises conveyed to Gustavus C. Titus by deed of
Harley L. Titus et al dated January 31, 1902 and recorded in volume 136, page
283, Deed Records, Clark County, Ohio.
(B) The State Highway Patrol may, at its discretion, prior to
the conveyance of the real estate described in division (A) of
this section, remove from that real estate the generator, plus
any other equipment to which the State Highway Patrol and the
Community Improvement Corporation agree in writing.
(C) The State Highway Patrol shall, following the
conveyance of the real estate described in division (A) of this
section, remove any and all underground storage tanks on the
real estate and provide the Community Improvement Corporation
with a no further action letter issued for the real estate under Chapter 3746.
of the Revised Code and rules adopted under that chapter.
(D) Consideration for the conveyance of the real estate
described in division (A) of this section is the conveyance to
the state of a parcel of real estate together with improvements
located thereon, including a building to be constructed as
specified in division (E) of this section, and further described
as follows:
Situate in the State of Ohio, County of Clark, and within the corporate limits
of the City of Springfield, and being part of lot #18320, as numbered and
designated on the plat of PrimeOhio Corporate Park recorded book 15 page 24 of
the plat records of Clark County, Ohio and being described as follows:
Beginning at a 5/8" re-bar (found) at the original northwesterly corner of lot
18320, as numbered and designated on PrimeOhio Corporate Park recorded book 15
page 24 of the plat records of Clark County, Ohio;
thence with the south line of Gateway Boulevard, North 50 degrees 06 minutes
22
seconds East, 15.18 feet to a point of curvature;
thence continuing with the south line of said Gateway Boulevard, and along a
curve to the right having a radius of 612.03 feet and a chord which bears
North 69 degrees 42 minutes 10 seconds East, at 410.53 feet, an arc distance
of 418.65 feet to a 5/8" re-bar with metal cap (set);
thence, South 0 degrees 42 minutes 27 seconds West, 910.51 feet to a 5/8"
re-bar with metal cap (set) at the original southwesterly corner of said lot
18320;
thence with the original westerly line of said lot 18320, North 26 degrees 56
minutes 38 seconds West, 850.63 feet to the point of beginning and containing
4.374 acres, subject, however, to all rights-of-way, easements, and
restrictions of record;
Being the westerly part of lot 18320, as numbered and designated on the plat
of PrimeOhio Corporate Park recorded book 15 page 24 of the plat records of
Clark County, Ohio.
The above description is based on an actual field survey dated April 9, 1996
by Terry A. Hoppes, Professional Surveyor No. 6352. Basis of bearings is
South 84 degrees 13 minutes 37 seconds East, on the centerline of Gateway
Boulevard.
(E) The Superintendent of the State Highway Patrol
shall negotiate and enter into a contract with the Community
Improvement Corporation under which the Community Improvement
Corporation shall construct on the real estate described in
division (D) of this section a building containing approximately
five thousand square feet to be used by the State Highway Patrol
as a patrol post. The building shall be constructed and
completed prior to the conveyance of that real estate and shall
be conveyed as an improvement to that real estate pursuant to
division (D) of this section.
(F) The Superintendent of the State Highway Patrol shall
negotiate, pursuant to the authority granted the Superintendent
in division (G) of section 5503.02 of the Revised Code, an
amount that the State Highway Patrol shall pay to the Community
Improvement Corporation upon the conveyance of the real estate
described in division (D) of this section, and the amount shall
represent the cost of the building to be constructed thereon as
described in division (E) of this section.
(G) The State Highway Patrol shall pay to the Community
Improvement Corporation the amount negotiated pursuant to
division (F) of this section. The amount may be paid from
unused funds that remain in the State Highway Safety Fund Group
(036) within line items 036-CAP-052, 036-CAP-050, and
036-764-033. Transfers of funds shall be made by the Director
of Budget and Management upon the request of the
Superintendent of the State Highway Patrol from unused
appropriations in the foregoing line items as are necessary for
the State Highway Patrol to make payments to the Community
Improvement Corporation pursuant to this division.
(H) The Community Improvement Corporation shall submit the
construction of the building described in division (E) of this
section for competitive bidding in accordance with the
competitive bidding process as adopted by the Community
Improvement Corporation.
(I) Upon conveyance to the state of the real estate described
in division (D) of this section, to include the building
described in division (E) 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 Community
Improvement Corporation. The Community Improvement Corporation
shall present the deed for recording in the Office
of the Clark County Recorder.
(J) The Community Improvement Corporation shall pay the costs
of the conveyance of the real estate described in division (A)
of this section.
Section 2. (A) The Governor is hereby authorized to execute a
deed in the name of the state conveying to Clifton W. Brewster
and Darla M. Brewster, husband and wife, and their heirs and
assigns all of the state's right, title, and interest in a
parcel of real estate consisting of approximately 0.463 acres,
located in Trumbull County, and further described as follows:
Situated in the State of Ohio, County of Trumbull, Township of Southington and
being a part of Section 49 of said Southington Township and also being a part
of lands owned by The Ohio State Highway Patrol as recorded in the Trumbull
County Recorder's Official Record Volume 612, Page 221 and being further
bounded and described as follows:
Beginning at the point of intersection of the centerline of U.S. Route 422
(200 feet in width) with the centerline of Barclay Messerly Road, T.H. 123 (60
feet in width);
Thence S 66° 00' 00" E, along the centerline of U.S. Route 422, a
distance of 602.34 feet to a point at the southeasterly corner of lands owned
by C. & D. Brewster as recorded in the Trumbull County Recorder's Official
Record Volume 974, Page 826, said point being the TRUE PLACE OF BEGINNING for
the herein described parcel of land;
Thence N 37° 08' 30" E, passing over an iron pin found at 68.82 feet and
along the easterly line of said Brewster lands, a total distance of 170.66
feet to an iron pin set;
Thence S 52° 38' 30" E, a distance of 130.00 feet to an iron pin set;
Thence S 37° 08' 30" W, passing over an iron pin set at 71.13 feet, a
total distance of 139.88 feet to a point in the centerline of U.S. Route 422;
Thence in a northwesterly direction, along the centerline of U.S. Route 422
and along the arc of a curve to the right, a distance of 41.74 feet to the
P.C. of said curve, said curve having a radius of 14323.95 feet, a central
angle of 0° 10' 01" and a chord of N
65° 54' 59" W, 41.74 feet;
Thence N 66° 00' 00" W, continuing along the centerline of U.S. Route
422, a distance of 91.74 feet to a point, returning to the True Place of
Beginning and containing an area of 0.463 acres as surveyed by Danny L.
Wilson, P.S. Ohio 7238 in October 1996.
(B) Consideration for the conveyance of the real estate
described in division (A) of this section is a purchase price of
one thousand two hundred dollars.
(C) The grantees shall pay the costs of the conveyance.
(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
Clifton W. Brewster and Darla M. Brewster. Clifton W. Brewster
and Darla M. Brewster shall present the deed for recording in
the Office of the Trumbull County Recorder.
Section 3. (A) The Governor is hereby authorized to execute a deed
in the name of the state conveying to the Kelleys Island Board
of Education in Erie County, Ohio, and its successors and
assigns, all of the right, title, and interest of the State of
Ohio, Department of Natural Resources, in the
following described real estate, consisting of approximately 1.5
acres and located in an area known as the Kelleys Island State
Park:
Being situated in the State of Ohio, County of Erie, Village of Kelleys
Island,
Original Lot 5, and being more definitely described as follows:
Beginning at a PK nail, set, on the centerline of Ward Road, marking the
Northeast corner of a 2.0 acre parcel owned by the Board of Education for
Kelleys Island (DV 33 PG 285), said point being located North 85°00'00"
East along the centerline of Ward Road a distance of 285.37 feet from a
railroad spike, found, marking its intersection with the centerline of Division
Street, said point being the PRINCIPAL PLACE OF BEGINNING;
(1) Thence North 85°00'00" East continuing along the centerline of Ward
Road a distance of 204.95 feet to a PK nail, set;
(2) Thence South 00°31'30" East passing through a 1/2" iron pin, set on
the South right-of-way line of Ward Road, a distance of 330.82 feet to a 1/2"
iron pin, set;
(3) Thence North 88°49'41" West a distance of 204.41 feet to a 3/4" iron
pipe, found, marking the Southeast corner of said Board of Education parcel;
(4) Thence North 00°31'30" West along said Board of Education parcel,
passing through a 3/4" iron pin, found, in concrete, on the South right-of-way
line of Ward Road, a distance of 308.78 feet to a PK nail, set,
on the centerline of said road and the PRINCIPAL PLACE OF BEGINNING,
containing 1.5000 acres, more or less, but being subject to all legal
highways, easements and restrictions of record.
The above description was prepared from an actual survey by Daniel E. Hartung
Jr., Professional Surveyor No. 5667 in July 1997. The bearings were assumed
only for the purpose of indicating angles.
(B) Consideration for conveyance of the real estate
described in division (A) of this section is the mutual benefit
accruing to the state and to the Kelleys Island Board of
Education by having the real estate used for educational
purposes.
(C) The conveyance described in division (A) of this section is
subject to the condition that the grantee shall use the real estate
for public purposes. If the grantee ceases to use the real
estate for public purposes, all right, title, and interest in
the real estate shall immediately revert to the State of Ohio,
Department of Natural Resources. This condition shall not
preclude the Board of Education from using the real estate as a
site for the construction of facilities related to the
educational program or for construction of an addition to the
existing school building.
(D) The conveyance described in division (A) of this section is
subject to the condition that the real estate be available to
the public without discrimination on the basis of nationality,
race, religion, color, sex, age, or handicap, subject to the
same rules and regulations under which the existing school
grounds are governed and may be governed, pursuant to rules and
regulations the Kelleys Island Board of Education has adopted or
may at any time adopt.
(E) The costs of the conveyance described in division (A)
of this section shall be paid by the Kelleys Island Board of
Education.
(F) Within one year after the effective date 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 this section. The deed shall state the
consideration and shall state the conditions specified in
divisions (C) and (D) 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 grantee. The grantee shall present the deed
for recording in the Office of the Erie County
Recorder.
Section 4. Section 1 of this act expires three years after its
effective date. Sections 2 and 3 of this act expire one year after
its effective date.
Section 5. 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 the necessity is that
the negotiations and construction authorized by Section 1 of
this act need to proceed at the earliest possible time to enable
the Community Improvement Corporation to construct and the State
Highway Patrol to receive the new building as soon as
practicable to the benefit of the State Highway Patrol and the
citizens of Ohio, so that the conveyance contemplated in
Section 2 of this act can proceed at the earliest possible time
to enable the State Highway Patrol to receive the funds as soon
as practicable and the conveyance to proceed in a manner similar
to real estate conveyances in the private market, and so that the conveyance
contemplated in Section 3 of this act can proceed at the earliest possible
time so the Kelleys Island Board of Education can receive the property as soon
as practicable to enable the Board to prepare a bond levy for the May primary
election to finance improvements on that property. Therefore,
this act shall go into immediate effect.
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