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As Reported by the Senate Judiciary Committee
123rd General Assembly
Regular Session
1999-2000 | Sub. S. B. No. 250 |
SENATOR ARMBRUSTER
A BILL
To authorize the conveyance of state-owned real estate located in
Lorain County to Robert E. and Corrine E. Peak, to authorize the conveyance of
approximately 6.863 acres of state-owned
real
estate in Wayne County to the Village of Apple Creek,
to authorize the
Department of Transportation to sell unneeded property associated
with the current relocation and expansion of United States Route
68 in Champaign County to the previous owner of the unneeded
property or to an owner of property adjacent to the unneeded
property at fair market value, either as a direct sale or as
consideration for additional property to be acquired, and to
declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. The Governor is hereby authorized to execute a deed in
the name of the state conveying to Robert E. and Corrine E. Peak
and their heirs and assigns all of the state's right, title,
and interest in the following described real estate:
Situated in the City of Avon, Avon Township, Lorain County, Ohio and in
Section 15, Town 7N, Range 16-W and further described as follows:
Beginning at a P. K. nail found at the intersection of Garden Drive and State
Route 254; thence North 59° 57' 28" East a distance of 1177.16 feet along
the centerline of State Route 254 to a Mag nail set; thence South 30° 02'
32" East a distance of 45.00 feet to a 5/8" rebar with O. D. O. T. survey cap
set on the westerly line of land owned by the State of Ohio as recorded in D.
V. 966, page 577 of the Lorain County Deed Records, said 5/8" rebar with O. D.
O. T. survey cap being the Principal Place of Beginning;
1. Thence North 59° 57' 28" East a distance of 58.96 feet through said
State of Ohio land to a 5/8" rebar with O. D. O. T. cap set on the westerly
line of land owned by R. E. and C. E. Peak as recorded in volume 932, Pages
115 - 117 of the Lorain County Deed Records;
2. Thence South 30° 02' 32" East a distance of 187.39 feet along the
westerly line of land owned by R. E. and C. E. Peak to a 5/8" rebar with O. D.
O. T. cap set;
3. Thence South 59° 57' 28" West a distance of 58.96 feet
along the southerly line of said State of Ohio land to a 1" dia. pipe found;
4. Thence North 30° 02' 32" West a distance of 187.39 feet along the
westerly line of said State of Ohio land to the Principal Place of Beginning,
containing 0.2536 acres.
This description was prepared under the supervision of William Lee Spencer, P.
S. 6561 from a survey made by the Ohio Department of Transportation District
Three in January of 2000.
Part of Lorain County Permanent Parcel Number 04-00-015-109-035
Section 2. Consideration for the conveyance of the real estate
described in Section 1 of this act is a purchase price of
$101,000.
Section 3. Upon payment of the purchase price, the Auditor of
State, with the assistance of the Attorney General, shall prepare
a deed to the real estate described in Section 1 of this act. 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 Robert E. and
Corrine E. Peak. Robert E. and Corrine E. Peak shall present the
deed for recording in the Office of the Lorain County Recorder.
Section 4. Robert E. and Corrine E. Peak shall pay the costs of
the conveyance of the real estate described in Section 1 of this act.
Section 5. The Governor is hereby authorized to execute a deed
in the name of the state conveying to the Village of Apple Creek
in Wayne County, Ohio, and its successors and assigns, all of the
state's right, title, and interest in the
following described real estate:
Being situated in the State of Ohio, County of Wayne, Township
of East Union, Range 12 West, Township 16 North, Southeast
Quarter of Section 20, presently in the name of State of
Ohio as recorded in the Wayne County Records of Deeds Volume
207, page 228, and more fully described as follows:
Commencing for reference at a railroad spike set marking the
northeast corner of the southeast quarter of Section 20 and in
the center line of Apple Creek Road - C.R. 44;
1. | Along the east line of said quarter
Section and said center
line S 00°57'10" W 200.00 feet to a railroad spike set and the
true place of beginning; |
2. | Continuing along said lines S 00°57'10" W 460.00 feet to a
railroad spike set; |
Thence courses 3 through 5 subdividing land presently in the
name of State of Ohio (V. 207, P. 228):
3. | S 88°16'34" W 650.63 feet to a point referenced by an iron
pin found N 81°28'59" W 0.20 feet and passing through an iron
pin set at 30.03 feet; |
4. | N 00°57'10" E 460.00 feet to a point referenced by an iron
pin found N 28°03'36" W 0.12 feet; |
5. | N 88°16'34" E 650.63 feet to the true place of beginning
and passing through an iron pin found at 620.54 feet. |
This survey contains 6.863 acres.
This survey is subject to all easements of record, its bearings are
established from Survey "JJ"-200 and are to denote angular measurement only,
and is a description of a field survey completed by Jim Shamp, Reg. Sur. No.
S-6088, dated March 25, 1998. Iron pins set are 5/8" x 30" iron re-bars with
plastic I.D. caps. Iron pins found are 5/8" re-bar unless otherwise noted.
Section 6. (A) Consideration for the conveyance of the real estate described
in Section 5 of this act shall be an exchange of services and cash as provided
under a sanitary sewer use agreement to be executed by the Village of Apple
Creek
and the State of Ohio and that is described in division (B) of this section.
(B) The sanitary sewer use agreement to be executed by the Village of Apple
Creek and the
State of Ohio shall provide for an exchange of services and cash in accordance
with all terms and conditions set forth in Article 1 of the Offer to Purchase
Real Estate that was made by the Village of Apple Creek on February 22, 2000,
and that was accepted by the Director of Administrative Services on February
28, 2000, and concurred in by the Director of Mental Retardation and
Developmental Disabilities. Such terms and conditions shall be expressly
stated in the sanitary sewer use agreement, including the term of twenty years
as described in Article 1(a) of the Offer to Purchase Real Estate and the
capital investment by the Village of Apple Creek of one hundred thousand
dollars into a separate sewer maintenance fund as described in Article 1(i) of
the Offer to Purchase Real Estate. The General Assembly finds that the
estimated value accruing to the State of Ohio from the conveyance of the real
estate under this act and the terms and conditions of the Offer to Purchase
Real Estate is between 1.5 and 1.6 million dollars. The General Assembly also
finds that the appraised value of the real estate described in Section 1 of
this act is 1.595 million dollars.
Section 7. Upon the execution of the sanitary sewer use agreement in
accordance with Section 6 of
this act by the Village of Apple Creek and the State of Ohio,
the Auditor of
State, with the assistance of the Attorney General, shall
prepare a deed to the real estate described in Section 5 of this act. 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 Village of Apple Creek. The
Village of Apple Creek shall present the deed for recording in
the office of the Wayne County Recorder.
Section 8. The Village of Apple Creek shall pay the costs of the conveyance
of the real estate described in Section 5 of this act.
Section 9. Sections 1 through 8 of this act expire one year after the
effective date of this act.
Section 10. (A) Notwithstanding sections 5501.32, 5501.34,
5501.37, and 5501.45 of the Revised Code, the Director of
Transportation may acquire and dispose of real property associated
with the United States Route 68 relocation and expansion project
in Champaign County that is underway on the effective date of this
act as provided in this act.
(B) The Director shall determine whether real property previously
acquired for the project is no longer required for highway
purposes and shall have any such property appraised by a
Department prequalified appraiser. Following the determination
and appraisal, the Director may do either of the following:
(1) Sell the unneeded property to the previous owner of the
unneeded property or to an owner of property adjacent to the
unneeded property for the full fair market value as determined by
the appraisals;
(2) Convey the unneeded property to the previous owner of the
unneeded property or to an owner of property adjacent to the
unneeded property as full or partial consideration for other
property to be acquired from the property owner in connection with
the United States Route 68 project for the full fair market value
of the unneeded property as determined by the appraisals.
(C) The deed to the purchaser of land under this act shall be
prepared by the Auditor of State, executed by the Governor,
countersigned by the Secretary of State, and shall bear the Great
Seal of the State.
(D) The authority granted in section 10 of this act expires one
year after completion of the particular relocation and expansion
project involving United States Route 68 underway on the effective
date of this act.
(E) This section does not prevent the Director from acquiring and
disposing of real property associated with the United States Route
68 project in accordance with sections 5501.32, 5501.34, 5501.37,
and 5501.45 of the Revised Code.
Section 11. 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: (1) the
authority of the Director of Transportation to sell or convey
unneeded property associated with the United States Route 68
project will facilitate critical negotiations necessary to advance
the project, and (2)
the conveyance of real estate, as authorized
by Sections 5 to 8 of this act, must be completed at the earliest possible
time to enable the
Village of Apple Creek to comply with the Environmental Protection Agency's
mandate regarding the provision of waste water treatment services for the
village.
Therefore, this act shall go into immediate effect.
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