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As Reported by the Senate Judiciary Committee
122nd General Assembly
Regular Session
1997-1998 | Sub. S. B. No. 90 |
SENATORS FURNEY-LATTA-BLESSING
A BILL
To authorize the Board of Trustees of the Medical College of
Ohio at Toledo to convey two parcels of real estate or portions
of two parcels of real estate located in Lucas County, to
authorize the Governor to convey a parcel of real estate or
portions of a parcel of real estate located in Lucas County and
owned by the Medical College of Ohio at Toledo Foundation, and
to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. (A) The Board of Trustees of the Medical College
of Ohio at Toledo is hereby authorized to execute deeds in the
name of the Board of Trustees conveying to purchasers and the
purchasers' heirs and assigns or successors and assigns all of
the Board of Trustees' right, title, and interest in any portion
of the following described parcels of real estate, located in an
area known as The Advanced Technology Park of Northwest Ohio:
Parcel 1. Northerly Parcel
A parcel of land being part of Section Nine (9), in Town Three (3) in the
United States Reserve, in the City of Toledo, Lucas County, Ohio, said parcel
of land being bounded and described as follows:
Beginning at the intersection of the centerline of Detroit Avenue, as it now
exists, with the centerline of Arlington Avenue, as it now exists; thence in a
westerly direction along said centerline of Arlington Avenue, as it now
exists,
having an assumed bearing of North eighty-two (82) degrees, forty-seven (47)
minutes, fifty-eight (58) seconds West, a distance of one thousand three
hundred thirty-eight and ninety hundredths (1,338.90') feet to an angle point
in said centerline of Arlington Avenue, as it now exists; thence North
eighty-one (81) degrees, twenty-three (23) minutes, zero (00) seconds West
along
said centerline of Arlington Avenue, as it now exists, a distance of one
hundred sixty-eight and seventy-four hundredths (168.74') feet to the
intersection of a line drawn one thousand one hundred sixty and zero
hundredths
(1,160.00') feet easterly of and parallel with the West line of the Southwest
quarter (1/4) of said Section Nine (9); thence North eight (08) degrees, nine
(09) minutes, twelve (12) seconds
East along said line drawn one thousand one hundred sixty and zero hundredths
(1,160.00') feet easterly of and parallel with the West line of the Southwest
quarter (1/4) of Section Nine (9), a distance of four hundred forty-eight and
fifty-three hundredths (448.53') feet to the intersection of the centerline of
Swan Creek, as it now exists, the following six (6) courses follow on and
along said centerline of Swan Creek, as it now exists; thence North fifty-four
(54) degrees, thirty-four (34) minutes, forty-two (42) seconds East, a
distance of three hundred ninety-four and ninety-six hundredths (394.96')
feet; thence North thirty-six (36) degrees, thirty-eight (38) minutes,
fifty-one (51) seconds East, a distance of three hundred forty-four and
forty-seven hundredths (344.47') feet; thence South seventy-four (74) degrees,
twenty-seven (27) minutes, fifty (50) seconds East, a distance of four hundred
fourteen and thirty-seven hundredths (414.37') feet; thence North forty-two
(42) degrees, two (02) minutes, six (06) seconds East, a distance of eight
hundred forty and fifty-four hundredths (840.54')
feet; thence South eighty (80) degrees, eleven (11) minutes, thirteen (13)
seconds East, a distance of four hundred forty and forty-five hundredths
(440.45') feet; thence South fifty-two (52) degrees, forty-one (41) minutes,
twenty-five (25) seconds East, a distance of four hundred eighty-seven and
sixty-seven hundredths (487.67') feet to the intersection of said centerline
of Detroit Avenue as it now exists; thence South thirty-four (34) degrees,
twenty-three (23) minutes, fifty-four (54) seconds West along said centerline
of Detroit Avenue, as it now exists, a distance of one thousand five hundred
fifty-seven and thirty-eight hundredths (1,557.38') feet to the Point of
Beginning.
Said parcel of land containing an area of 50.87 acres of land, more or less.
Less and excepting therefrom, those lands described in a Transfer of
Jurisdiction from the Medical College of Ohio at Toledo to the Ohio Department
of Transportation, containing 0.193 Acres, more or less, and further defined
as
being File No. 5016, on file in the records of the Ohio Department of
Administrative Services, General Services Division, Real Estate Services, 4200
Surface Road, Columbus, Ohio 43228-1395.
Subject to legal highways.
Parcel 2. Southerly Parcel
A parcel of land being part of Sections Eight (8), Nine (9), Sixteen (16) and
Seventeen (17), all being in Town Three (3) in the United States Reserve, in
the City of Toledo, Lucas County, Ohio, said parcel of land being bounded and
described as follows:
Commencing at the intersection of the centerline of Arlington Avenue, as it now
exists, with the centerline of Detroit Avenue, as it now exists; thence in a
southwesterly direction along said centerline of Detroit Avenue, as it now
exists, having an assumed bearing of South thirty-four (34) degrees, eighteen
(18) minutes, twenty (20) seconds West, a distance of one thousand five hundred
fifty-eight and fifteen hundredths (1,558.15') feet to the True Point of
Beginning; thence continuing South thirty-four (34) degrees, eighteen (18)
minutes, twenty (20) seconds West along said centerline of Detroit Avenue, as
it now exists, a distance of eight hundred one and seventy-nine hundredths
(801.79') feet to an angle point in said centerline of Detroit Avenue, as it
now exists; thence South twenty-nine (29) degrees, fifty-five (55) minutes,
thirty-nine (39) seconds West along said centerline of Detroit Avenue, as it
now exists, a distance of one thousand three hundred seventeen and fifty-six
hundredths
(1,317.56') feet to the intersection of the North line of a parcel of land as
described in Microfiche 80-495B12, Lucas County Deed Records, said northerly
line of a parcel of land as described in Microfiche 80-495B12, Lucas County
Deed Records, also being a line drawn seven hundred thirty-seven and seven
hundredths (737.07') feet northerly of and parallel with the centerline of
Glendale Avenue, as it now exists; thence North eighty (80) degrees,
thirty-three (33) minutes, two (02) seconds West along said northerly line of
a parcel of land as described in Microfiche 80-495B12, Lucas County Deed
Records, a distance of one thousand one hundred thirty-five and thirty-eight
hundredths (1,135.38') feet to the intersection of the West line of the
Northwest quarter (1/4) of the Southwest quarter (1/4) of said Section Sixteen
(16) thence North eight (08) degrees, one (01) minute, twenty-four (24)
seconds East along said West line of the Northwest quarter
(1/4) of the Southwest quarter (1/4) of Section Sixteen (16), a distance of
five hundred ninety-four and thirty-seven hundredths (594.37') feet to the
Intersection of the South line of the Northeast quarter (1/4) of said Section
Seventeen (17); thence North seventy-nine (79) degrees, fifty-seven (57)
minutes, twenty-six (26) seconds West along said South line of the Northeast
quarter (1/4) of Section Seventeen (17), a distance of one thousand three
hundred twenty-nine and seventy-three hundredths (1,329.73') feet to the
intersection of the West line of the East half (1/2) of said Northeast quarter
(1/4) of Section Seventeen (17); thence North eight (08) degrees, one (01)
minute, thirty-four (34) seconds East along said West line of the East half
(1/2) of the Northeast quarter (1/4) of Section Seventeen (17), a distance of
two thousand one hundred nine and twenty-one hundredths (2,109.21') feet to
the intersection of said centerline of Arlington Avenue, as it now exists, the
following six (6) courses follow on and along said centerline of Arlington
Avenue, as it now exists; thence South eighty-nine
(89) degrees, zero (00) minutes, nine (09) seconds East, a distance of
ninety-two and sixty-three hundredths (92.63') feet to a point of curve;
thence along an arc of curve to the left, an arc distance of three hundred
fifty-three and fifteen hundredths (353.15') feet to a point of tangency, said
arc of curve to the left having a radius of seven hundred sixteen and twenty
hundredths (716.20') feet, a central angle of twenty-eight (28) degrees,
fifteen (15) minutes, seven (07) seconds, a chord distance of three hundred
forty-nine and fifty-eight hundredths (349.58') feet and a chord bearing of
North seventy-six (76) degrees, fifty-two (52) minutes, seventeen (17) seconds
East; thence North sixty-two (62) degrees, forty-four (44) minutes, forty-four
(44) seconds East, a distance of four hundred
twenty-nine and fifty-two hundredths (429.52') feet to a point of curve;
thence along an arc
of curve to the right, an arc distance of three hundred eighty seven and
seventy-one hundredths (387.71') feet to a point of tangency, said arc of
curve to the right having a radius of seven hundred sixteen and twenty
hundredths (716.20') feet, a central angle of thirty-one (31) degrees, one
(01) minute, one (01) second, a chord distance of three hundred eighty-three
and zero hundredths (383.00') feet and a chord bearing of North seventy-eight
(78) degrees, fifteen (15) minutes, fourteen (14) seconds East; thence South
eighty-six (86) degrees, fourteen (14) minutes, fifteen (15) seconds East, a
distance of four hundred eighty-seven and seventy-eight hundredths (487.78')
feet; thence South eighty-one (81) degrees, twenty-three (23) minutes, zero
(00) seconds East, a distance of nine hundred seventy-five and twenty-nine
hundredths (975.29') feet; thence South nineteen (19) degrees, fifty-nine (59)
minutes, thirty-six (36) seconds West along a line, a distance of nine hundred
ninety-three and fifty-one hundredths (993.51') feet to a point; thence South
fifty-eight (58) degrees, fifteen (15) minutes, forty-one (41) seconds east
along a line, a distance of one thousand eleven and twelve hundredths
(1,011.12') feet to the True Point of Beginning.
Said parcel of land containing an area of 182.19 acres of land, more or less.
Subject to legal highways,
Less and excepting the following described:
Commencing at the intersection of the North line of the Northwest quarter of
Section 16 with the centerline of Detroit Avenue, said North line of the
Northwest quarter of Section 16 also being the centerline of Old Arlington
Avenue, said point of intersection being marked with a cross on a manhole rim;
thence southwesterly along the centerline of Detroit Avenue having an assumed
bearing of S 34° 18'20" W, a distance of 1535.53 feet to the True Point
of Beginning; thence continuing S 34° 18' 20" W along the centerline of
Detroit Avenue a distance of 801.79 feet to a point of deflection in the
centerline of Detroit Avenue, said deflection point being marked by a cross
cut in a brass plate; thence S 29° 55' 39" W continuing along the
centerline of Detroit Avenue a distance of 100.00 feet to a point; thence N
60°04'21" W and perpendicular to the centerline of Detroit Avenue a
distance of 489.06 feet to a point; thence S 52°03'57" W a distance
394.29
feet to a point; thence S 65°48'40" W a distance of 350.00 feet; thence N
24° 11' 20" W a distance of 588.00 feet to a point of curvature; thence
northwesterly along a curve to the right having a radius of 1839.86 feet an
arc distance of 327.00 feet to a point, said arc having a chord distance of
326.57 feet and a chord bearing of N 19°05'50" W; thence N 65°48'40"
E a distance of 375.00 feet; thence N 8°23'00" E a distance of 212.00
feet; thence N 81° 23'00" W a distance of 437.88 feet; thence N 4°
30' 16" W a distance of 61.06 feet to a point of curvature; thence
northwesterly along a curve to the left having a radius of 1979.86 feet an arc
distance of 786.13 feet to a point of tangency, said arc having a chord
distance of 780.97 feet and a chord bearing of N 15° 52' 46" W; thence N
27° 15' 16" W a distance of 340.00 feet to a point on the existing
southerly right of way line of Relocated Arlington Avenue; thence N 62°
44' 44" E along said southerly right of way line a distance of 23.06 to a
point; thence N 67° 00' 46" E along said southerly right of way line
distance of 97.15 feet to a point; thence N 75° 17' 26" E along said
southerly right of way line a distance of 90.85 feet to a point; thence N
88° 15' 40" E along said southerly right of way line a distance of 163.38
feet to a point; thence S 86° 14' 52" E along said southerly right of way
line a distance of 119.37 feet to a point; thence S 78° 22' 26" E along
said southerly right of way line a distance of 109.64 feet to a point; thence
S 86° 14' 15" E along said southerly right of way line a distance of
141.39 feet to a point; thence S 88° 22' 31" E along said southerly right
of way line a distance of 244.11 feet to a point; thence S 81° 23' 00" E
along said southerly right of way line a distance of 697.67 feet to a point;
thence N 86° 53' 49" E along said southerly right of way line a distance
of 25.81 feet to a point; thence S 82° 47' 58" E along said southerly
right of way line a distance of 109.40 feet to a point on the easterly
property line; thence S 19° 59' 36" W along said easterly property line a
distance of 935.31 feet to a point; thence S 58° 15' 41" E along a
northeasterly property line a distance of 1011.12 feet to the True Point of
Beginning.
Said parcel of land contains an area of 72.25 acres, more or less.
(B) Prior to executing a deed to convey the real estate
described in division (A) of this section or any portion
of that real estate, the Board of Trustees of the Medical College of Ohio
at Toledo shall survey the real estate to be conveyed, prepare a legal
description of that real estate, and deliver the description to
the Auditor of State for preparation of the deed.
(C) The consideration for the real estate described in division
(A) of this section or any portion of that real estate shall be a purchase
price acceptable to the Board of Trustees of the Medical College
of Ohio at Toledo following a survey, or a review of a legal description, by a
licensed surveyor and an appraisal
by
one or more disinterested persons.
(D) The real estate described in division (A) of this section
or any portion of that real estate shall be conveyed only to persons whose
intended use of the real estate is consistent with the purposes
of The Advanced Technology Park of Northwest Ohio. Those
purposes are to facilitate the commercialization and adoption of
inventions and innovations of the faculty and staff of the
Medical College of Ohio at Toledo; to create an environment where
biomedical and other technology-oriented enterprises would enjoy
higher levels of creativity, productivity, and efficiency; and to
facilitate the broadening of the economic base and creation of
jobs for the city of Toledo and Northwest Ohio. Each offeror shall
demonstrate that the proposed use of the real estate is
consistent with the purposes of The Advanced Technology Park of
Northwest Ohio.
(E) Any offer to purchase the real estate described in division
(A) of this section or any portion of that real estate must be accompanied
by a deposit of one per cent of the purchase price in money
order, bank draft, or certified check. The balance of the
purchase price must be paid within sixty days after
the Board of
Trustees of the Medical College of Ohio at Toledo has sent to the offeror
notification that the offer has been accepted, or at such
later time as is specified
in the contract of sale. If an offer has been accepted and the
offeror does not pay the balance within the time limits provided
in this division, the offeror shall forfeit the one-per-cent
deposit to the Board of Trustees as liquidated
damages.
(F) Upon payment of the purchase price by a purchaser, the
Auditor of State, with the assistance of the Attorney General,
shall prepare a deed to the real estate described pursuant to division (B) of
this section. The deed shall state
the consideration, be executed by the Board of Trustees of the Medical College
of Ohio at Toledo, be
presented in the Office of the Auditor of State for
recording, and be delivered to the purchaser. The purchaser shall
present the deed for recording in the Office of the
Lucas County Recorder.
(G) Advertising costs, appraisal fees, and all other costs of
the conveyance of the real estate described in division (A) of
this section or any portion of that real estate shall be paid by the Board
of Trustees of the Medical College of Ohio at Toledo unless otherwise
specified in the contract of sale.
(H) The net proceeds of the conveyance of the real estate
described in division (A) of this section or any portion
of that real estate shall be deposited in the appropriate accounts for
purposes determined by the Board of Trustees of the Medical College of Ohio at
Toledo.
Section 2. (A) The Governor and the Board of Trustees of the Medical College
of
Ohio at Toledo Foundation (the Foundation) are hereby authorized to execute
deeds in the
name of the Foundation
conveying to purchasers and the purchasers' heirs and assigns or
successors and assigns all of the Foundation's and the State's right, title,
and interest in any portion of
the following described real estate located in an area known as
Foundation Park:
Lots 2, 3, 4, 5, 6, 7-A, and 7-B in Foundation Park, a
Subdivision in the City of Toledo, Lucas County as per plat
thereof recorded in Volume 76 of Plats, Page 45, Lucas County
Records; containing 31.8034 acres more or less.
(B) Prior to executing a deed to convey the real estate
described in division (A) of this section or any portion
of that real estate, the Board of Trustees of the
Foundation shall survey the real estate to be conveyed, prepare
a legal description of that real estate, and deliver the
description to the Auditor of State for preparation of the deed.
(C) The consideration for the real estate described in division
(A) of this section or any portion of that real estate shall be a purchase
price acceptable to the Board of Trustees of the
Foundation following a survey, or a review of a legal description, by a
licensed surveyor and an appraisal by one or more disinterested
persons.
(D) Any offer to purchase the real estate described in division
(A) of this section or any portion of that real estate must be accompanied
by a deposit of not less than one per cent of the purchase price in money
order, bank draft, certified check, or wire transfer. The balance
of the purchase price must be paid within sixty days after
notification of acceptance of the offer has been sent by the
Foundation's Board of Trustees to the offeror, or at such later
time as is specified in the contract of sale. If an offer has
been accepted and the offeror does not pay the balance within
the time limits provided in this division, the offeror shall
forfeit the deposit to the Board of Trustees as
liquidated damages, in addition to other remedies that may be contained in the
contract of sale.
(E) After acceptance of a contract of sale by the Foundation's Board of
Trustees, the
Auditor of State, with the assistance of the Attorney General,
shall prepare a deed to the real estate described pursuant to division (B) of
this section. The deed shall state
the consideration, be executed by the Governor and the Foundation's Board of
Trustees, be presented in the Office of the Auditor of State for
recording, and be delivered to the purchaser. The purchaser shall
present the deed for recording in the Office of the
Lucas County Recorder.
(F) Advertising costs, appraisal fees, and all other costs of
the conveyance of the real estate described in division (A) of
this section or any portion of that real estate shall be paid by the
Board of Trustees of the Foundation unless otherwise specified in the contract
of sale.
(G) The net proceeds of the conveyance of the real estate
described in division (A) of this section or any portion
of that real estate shall be deposited in the appropriate Foundation accounts
as determined by the Foundation's Board of Trustees for the charitable and
educational purposes of the Foundation.
(H) Each deed signed by the Governor and the Board of Trustees of the
Foundation pursuant to division (E) of this section shall contain the
following recital:
"By the Governor's signature hereon, the State of Ohio hereby releases its
reversionary interest and any other restrictions set forth in the Governor's
Deed recorded at Volume 2458, Page 244 of the Lucas County, Ohio Records, and
in Am. S.B. 410 of the 110th General Assembly, effective September 30, 1974."
Section 3. 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 to
enable the development of The Advanced Technology Park of
Northwest Ohio, described in Section 1 of this act, and to
maximize the proceeds of the sale of real estate described in
Section 2 of this act by enabling the conveyances to take place
in a manner competitive with other real estate transactions as
soon as willing and able purchasers make offers. This will
result, at the earliest possible times, in the availability of
revenues for support of the academic institution's teaching and
research programs and the development of The Advanced Technology
Park of Northwest Ohio. Therefore, this act shall go into
immediate effect.
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