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As Reported by House Housing and Public Lands Committee
123rd General Assembly
Regular Session
1999-2000 | Am. Sub. S. B. No. 250 |
SENATORS ARMBRUSTER-DRAKE-CUPP-
REPRESENTATIVE MEAD
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, to authorize the
conveyance of state-owned real estate in Franklin County to WMAE Realty, LLC,
in exchange for the conveyance of specified real estate to the state, 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 and Section 11 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 Section 10 of 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. (A) The Governor is hereby authorized to execute a deed in
the name of the state conveying to WMAE Realty, LLC, and its
successors and assigns, all of the state's right, title, and
interest in the following described real estate:
Situated in the State of Ohio, County of Franklin, City of Columbus, being
Lots Nos. Nine (9) through Seventeen (17), inclusive, in William A. Neil's
Scioto Addition to the City of Columbus as the same are numbered and
delineated upon the recorded plat thereof, of record in Plat Book 5, Page 95,
Recorder's Office, Franklin County, Ohio.
(B) Consideration for the conveyance of the real estate
described in division (A) of this section is the conveyance of the following
described real estate to the state (Department of Rehabilitation and
Correction) and its successors and assigns:
Tract 1
Situated in the State of Ohio, County of Franklin, City of Columbus, being
located in George W. Sinks Subdivision of the south part of Lot No. 11 of the
partition of Wm. S. Sullivants Estate, as the same is shown in Plat Book 5,
Page 198, and being part of that tract of land as conveyed to Theodora A.
Werner, by deed of record in Deed Book 2784, Page 254, all references being to
records of the Recorder's Office, Franklin County, Ohio, and being more
particularly bounded and described as follows:
Beginning at a point in the southerly right-of-way line of McKinley Avenue at
the northeasterly corner of said Theodora A. Werner tract, said point being
located North 87°00'00" West, a distance of 356.56 feet from an iron pin
where the southerly right-of-way line of said McKinley Avenue intersects the
westerly right-of-way line of Yale Avenue;
thence South 2°59'00" West, with the easterly line of said Theodora A.
Werner tract, also being the westerly line of the original 1.966 acre tract as
conveyed to John E. Werner, by deed of record in Deed Book 3700, Page 865, a
distance of 110.00 feet to an iron pin;
thence North 87°00'00" West, parallel with the southerly right-of-way line
of said McKinley Avenue, a distance of 39.00 feet to an iron pin;
thence North 2°59'00" East, a distance of 110.00 feet to a P.K. Nail in the
southerly right-of-way line of said McKinley Avenue;
thence South 87°00'00" East, with the southerly right-of-way line of said
McKinley Avenue, a distance of 39.00 feet to the place of beginning,
containing 0.098 acre of land, more or less.
Subject, however, to all legal rights-of-way and/or easements of previous
record.
Tract 2
Situated in the State of Ohio, in the County of Franklin, and in the City of
Columbus:
Being located in George W. Sinks Subdivision of the south part of Lot No. 11
of the partition of Wm. S. Sullivants Estate, as the same is shown in Plat
Book 5, page 198, and being part of that tract of land as conveyed to Oscar L.
Thomas, Incorporated, by deed of record in Deed Book 3198, page 86, all
references being to records of the Recorder's Office, Franklin County, Ohio,
and being more particularly bounded and described as follows:
Beginning at an iron pin where the southerly right-of-way line of McKinley
Avenue intersects the westerly right-of-way line of Yale Avenue, said iron pin
also being the northeasterly corner of said Oscar L. Thomas tract;
thence south 2°52'24" West, with the westerly right-of-way line of said Yale
Avenue, a distance of 239.97 feet to an iron pin;
thence North 87°00'00" West, (parallel with the southerly right-of-way line
of said McKinley Avenue), a distance of 357.02 feet to an iron pin in the
easterly line of the 0.147 acre tract as conveyed to Theodora A. Werner, by
deed of record in Deed Book 2784, page 254;
thence North 2°59'00" East, with the easterly line of said 0.147 acre tract,
a distance of 239.97 feet to an iron pin in the southerly right-of-way line of
said McKinley Avenue;
thence South 87°00'00" East, with the southerly right-of-way line of said
McKinley Avenue, a distance of 356.56 feet to the place of beginning,
containing 1.966 acres of land, more or less.
Subject, however, to all legal rights-of-way and/or easements of previous
record.
(C) Acceptance of the consideration described in division (B) of this section
by the Department of Rehabilitation and Correction is subject to the
determination of the Director of Rehabilitation and Correction that the
structure situated on the real estate is suitable for use by the Department
for the same purpose as the structure situated on the state-owned real estate
described in division (A) of this section.
(D) Upon the conveyance to the state of the real
estate described 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. The deed shall state the
consideration and shall include the most current legal description
of the real estate described in division (A) 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 WMAE Realty, LLC. WMAE Realty,
LLC, shall present the deed for recording in the Office of the
Franklin County Recorder.
(E) WMAE Realty, LLC, shall pay all costs of the
conveyance of the real estate described in division (A) of this section.
Section 12. 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, (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, and (3) the conveyance of the real estate described in Section 11 of
this act is necessary at the earliest possible time to enable the Department
of Rehabilitation and Correction to receive needed property as consideration
for the conveyance and to avoid the costs and difficulties that would be
incurred by delaying the conveyance.
Therefore, this act shall go into immediate effect.
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