130th Ohio General Assembly
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As Introduced

123rd General Assembly
Regular Session
1999-2000
S. B. No. 332

SENATOR DRAKE


A BILL
To authorize the conveyance of state-owned real estate in Wayne County, adjacent to the Apple Creek Developmental Center, to The Ohio State University for the use of its College of Food, Agriculture, and Environmental Sciences, 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 The Ohio State University, and its successors and assigns, all of the State's right, title, and interest in the following described real estate:

Situated in the Township of East Union, County of Wayne, State of Ohio and known as being as part of Sections 16, 17, 19, 20, 28 and 29, T-16N; R-12W, Congress Lands North of the Old Seven Ranges, Ohio River Survey, also Lot 131, Out Lot 8 and part of Out Lot 14 in the Village of Apple Creek and more fully described as follows:

Parcel 1

Consisting of approximately 193.279 acres, P.P.N. 27-01864-000 & 27-01865-000.

Situated in the Township of East Union, County of Wayne, State of Ohio and known as being a part of the Northeast and Northwest Quarters of Section 16, T-16N; R-12W, also known as being lands conveyed to the State of Ohio, Department of Public Welfare, Apple Creek School in Volume 261; Page 448 of Wayne County Deed Records and further bounded and described as follows:

Beginning at a 5/8" rebar with I.D. cap marked "RUDOLPH" found at the center of Section 16:

1) thence S 86° 08' 07" W along the quarter section line and centerline of Ely Road (T.R. 163) a distance of 1345.72 feet to a monument spike set at the southeast corner of lands conveyed to the State of Ohio in Volume 276; Page 167 of Wayne County Deed Records;

2) thence N 02° 42' 06" W along the easterly line of said State of Ohio and passing thru a 5/8" rebar with I.D. cap marked "S.J.L., INC." set at 2645.71 feet a total distance of 2675.71 feet to a monument spike set on the section line and centerline of Secrest Road (T.R. 539);

3) thence N 86° 24' 49" E along the section line and centerline of Secrest Road a distance of 1344.44 feet to a 5/8" rebar found at the northeast corner of the Northwest Quarter of Section 16;

4) thence N 86° 16' 46" E along the section line and centerline of Secrest Road a distance of 1800.51 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." set at the northwest corner of lands conveyed to Rebecca L. Hopkins in O.R. 106; Page 269 of Wayne County Official Records;

5) thence S 03° 06' 58" E along the westerly line of said Hopkins, the westerly line of lands conveyed to Christ D. and Mary Schlabach in Volume 594; Page 72 and the westerly line of lands conveyed to Owen C. and Eva Schlabach in O.R. 278; Page 847 of Wayne County Official Records and passing through a 5/8" rebar found at 29.74 feet and a 5/8" rebar with I.D. cap marked "RUDOLPH" found at 2634.32 feet a total distance of 2664.32 feet to a railroad spike found at the southwest corner of Schlabach and on the quarter section line and centerline of Ely Road;

6) thence S 86° 08' 07" W along the quarter section line and centerline of Ely Road a distance of 1818.72 feet to the place of beginning and containing within said bounds 193.279 acres of land of which 110.771 acres are in the Northeast Quarter of Section 16 and 82.508 acres are in the Northwest Quarter of Section 16, more or less, and subject to all legal highways and easements of record.

This description was prepared by Virgil D. Landis, P.S. #6651 from a survey made in July of 2000 by Shaffer, Johnston, Lichtenwalter & Associates, Inc. Bearings are based on the NAD 83 State Plane System from survey "PP"-446. See Wayne County Survey Records Volume QQ; Page 654 for survey.

Parcel 2

Consisting of approximately 47.189 acres, P.P.N. 27-01868-000.

Situated in the Township of East Union, County of Wayne, State of Ohio and known as being a part of the Southwest Quarter of Section 16, T-16N; R-12W, also known as being lands conveyed to the State of Ohio in Volume 207; Page 223 of Wayne County Deed Records and further bounded and described as follows:

Commencing at a 5/8" rebar with I.D. cap marked "RUDOLPH" found at the center of Section 16; thence S 86° 08' 07" W along the quarter section line and centerline of Ely Road (T.R. 163) a distance of 570.02 feet to a railroad spike found at the northwest corner of lands conveyed to Wayne County in Volume 720; Page 772 of Wayne County Deed Records and the principal place of beginning of the parcel herein described:

1) thence S 03° 52' 58" E along the westerly line of said Wayne County and passing thru a 5/8" rebar with I.D. cap marked "S.J.L., INC." set at 30.00 feet a total distance of 2618.17 feet to an iron pin found;

2) thence S 86° 57' 56" W, 809.77 feet to a 1" pipe found on the easterly line of lands conveyed to Oris Earl and Dorothy Ellen Steiner in Volume 545; Page 386 of Wayne County Deed Records;

3) thence N 02° 52' 41" W along the easterly line of said Steiner, the easterly line of lands conveyed to Alvin M. and Freeda Gingerich in Volume 411; Page 76 of Wayne County Deed Records, the easterly line of lands conveyed to Robert R. and Neva L. Retherford in Volume 480; Page 369 of said Records and the easterly line of Lots 24 and 23 in the Aden J.C. Miller Allotment No. 2 as recorded in Volume 5; Pages 442-443 of Wayne County Plat Records and passing thru a 5/8" rebar with I.D. cap marked "S.J.L., INC." set at 2576.82 feet a total distance of 2606.82 feet to a monument spike set on the centerline of Ely Road;

4) thence N 86° 08' 07" E along the centerline of Ely Road a distance of 763.97 feet to the place of beginning and containing within said bounds 47.189 acres of land, more or less, and subject to all legal highways and easements of record.

This description was prepared by Virgil D. Landis, P.S. #6551 from a survey made in July of 2000 by Shaffer, Johnston, Lichtenwalter & Associates, Inc. Bearings are based on the NAD 83 State Plane System from survey "PP"-446. See Wayne County Survey Records Volume QQ; Page 654 for survey.

Parcel 3

Consisting of approximately 8.291 acres, P.P.N. 27-01866-000.

Situated in the Township of East Union, County of Wayne, State of Ohio and known as being a part of the Southeast Quarter of Section 16, T-16N; R-12W, also known as being lands conveyed to the State of Ohio in Volume 207; Page 223, Volume 207; Page 226 and Volume 207; Page 227 of Wayne County Deed Records and further bounded and described as follows:

Beginning at a rebar and stone found at the southeast corner of Southeast Quarter of Section 16:

1) thence S 86° 05' 34" W along the section line a distance of 855.22 feet to a 5/8" rebar found at the southeast corner of lands conveyed to the Wayne County Fire Rescue Association in Volume 663; Page 123 of Wayne County Deed Records;

2) thence N 02° 58' 40" W along the easterly line of said Wayne County Fire Rescue Association a distance of 479.64 feet to a 5/8" rebar found at an angle point;

3) thence S 86° 14' 31" E along a southerly line of said Wayne County Fire Rescue Association a distance of 861.84 feet to a railroad spike found on the section line and centerline of Millborne Road (C.R. 142);

4) thence S 02° 51' 14" E along the section line and centerline of Millborne Road a distance of 364.58 feet to the place of beginning and containing within said bounds 8.291 acres of land, more or less, and subject to all legal highways and easements of record.

This description was prepared by Virgil D. Landis, P.S. #6551 from a survey made in July of 2000 by Shaffer, Johnston, Lichtenwalter & Associates, Inc. Bearings are based on the NAD 83 State Plane System from survey "PP"-446. See Wayne County Survey Records Volume QQ; Page 654 for survey.

Parcel 4

Consisting of approximately 217.515 acres, P.P.N. 27-01869-000 & 27-01870-000.

Situated in the Township of East Union, County of Wayne, State of Ohio and known as being a part of the Southeast and Southwest Quarters of Section 17, T-16N; R-12W, also known as being lands conveyed to the State of Ohio in Volume 207; Page 229 and Volume 207; Page 392 of Wayne County Deed Records and further bounded and described as follows:

Beginning at a 1" rebar found at the center of Section 17:

1) thence N 86° 28' 56" E along the quarter section line and centerline of Ely Road (T.R. 163) a distance of 2696.78 feet to a monument spike set at the northeast corner of the Southeast Quarter of Section 17 and at the intersection of Ely Road with Apple Creek Road (C.R. 44);

2) thence S 02° 44' 53" E along the section line and centerline of Apple Creek Road a distance of 2677.36 feet to a 1" pipe found at the southeast corner of said quarter section;

3) thence S 87° 01' 17" W along the section line a distance of 2704.50 feet to a railroad spike found at the southwest corner of said Southeast Quarter and the southeast corner of the Southwest Quarter of Section 17;

4) thence S 86° 42' 30" W along the section line a distance of 1806.12 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." set at the southeast corner of Lot 23 in the Wiles-Miller Allotment No. 1 as recorded in Volume 10; Page 440 of Wayne County Plat Records;

5) thence N 02° 36' 33" W along the easterly line of said Lot 23 a distance of 1326.70 feet to a stone found at the northeast corner thereof;

6) thence N 86° 43' 35" E along the southerly line of Lots 21, 20, and 19 in said Wiles-Miller Allotment and the southerly line of lands conveyed to Brent E. and Audrey L. Keller in Volume 584; Page 457 in Wayne County Deed Records and passing thru a 1" pipe found at 1776.87 feet a total distance of 1806.87 feet to a railroad spike found on the centerline of Barnard Road (T.R. 302);

7) thence S 02° 34' 35" E along the centerline of Barnard Road and the westerly line of said Keller a distance of 133.92 feet to a monument spike set at the southwesterly corner thereof;

8) thence N 86° 28' 56" E along the southerly line of said Keller and passing thru a 5/8" rebar with I.D. cap marked "S.J.L., INC." set at 30.00 feet a total distance of 175.25 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." set at the southeasterly corner thereof;

9) thence N 02° 34' 35" W along the easterly line of said Keller a distance of 264.00 feet to a stone found at the northeasterly corner thereof;

10) thence S 87° 01' 17" W along the northerly line of said Keller and passing thru a 5/8" rebar with I.D. cap marked "S.J.L., INC." set at 145.24 feet a total distance of 175.24 feet to a monument spike set on the centerline of Barnard Road;

11) thence N 02° 34' 35" W along the centerline of Barnard Road a distance of 1194.10 feet to the place of beginning and containing within aid bounds 219.136 acres of land of which 164.130 acres are in the Southeast Quarter of Section 17 and 55.006 acres are in the Southwest Quarter of Section 17, more or less, and subject to all legal highways and easement of record.

Excepting therefrom the following described parcel:

Situated in the Township of East Union, County of Wayne, State of Ohio and known as being a part of the Southeast Quarter of Section 17, T-16N; R-12W, also known as being a part of lands conveyed to the State of Ohio in Volume 207; Page 229 of Wayne County Deed Records and further bounded and described as follows:

Commencing at an iron pin found at the southeast corner of the Southeast Quarter of Section 17; thence N 02° 44' 35" W along the section line and centerline of Apple Creek Road (C.R. 44) a distance of 1625.06 feet to a monument spike found; thence N 86° 24' 00" W, 174.53 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." found and the principal place of beginning of the parcel herein described:

1) thence S 83° 04' 04" W, 58.15 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." found;

2) thence S 57° 46' 38" W, 226.33 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." found;

3) thence S 11° 40' 19" W, 157.07 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." found;

4) thence S 87° 15' 02" W, 95.65 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." found;

5) thence N 57° 25' 15" W, 211.15 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." found;

6) thence N 43° 33' 15" E, 187.84 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." found;

7) thence N 82° 24' 02" E, 426.83 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." found;

8) thence S 05° 27' 15" E, 20.25 feet to the place of beginning and containing within said bounds 1.621 acres of land, more or less, and subject to all legal highways and easements of record.

Together with right of ingress and egress over the following described parcel of land:

Situated in the Township of East Union, County of Wayne, State of Ohio and known as being a part of the Southeast Quarter of Section 17, T-16N; R-12 W, also known as being a part of lands conveyed to the State of Ohio in Volume 207; Page 229 of Wayne County Deed Records and further bounded and described as follows:

Commencing at an iron pin found at the southeast corner of the Southeast Quarter of Section 17; thence N 02° 44' 35" E along the section line and centerline of Apple Creek Road (C.R. 44) a distance of 1625.06 feet to a monument spike found and the principal place of beginning of the easement herein described:

1) thence N 86° 24' 00" W, 174.53 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." found;

2) thence N 05° 27' 15" W, 20.25 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." found;

3) thence S 86° 24' 00" E, 175.49 feet to a monument spike found on the section line and centerline of Apple Creek Road;

4) thence S 02° 44' 53" W, 20.12 feet to the place of beginning.

Leaving a balance of 217.515 acres of land of which 162.509 acres are in the Southeast Quarter of Section 17 and 55.006 acres are in the Southwest Quarter of Section 17, more or less, and subject to all legal highways and easements of record.

This description was prepared by Virgil D. Landis, P.S. #6551 from a survey made in July of 2000 by Shaffer, Johnston, Lichtenwalter & Associates, Inc. Bearings are based on the NAD 83 State Plane System from survey "PP"-446. See Wayne County Survey Records Volume QQ; Page 655 for survey.

Parcel 5

Consisting of approximately 39.8 acres, P.P.N. 27-01871-000.

Situated in the Township of East Union, County of Wayne, State of Ohio and known as being a part of the Northeast Quarter of Section 19, T-16N; R-12W, also known as being lands conveyed to the State of Ohio in Volume 207; Page 331 of Wayne County Deed Records and further bounded and described as follows:

Beginning at a stone found at the northeast corner of the Northeast Quarter of Section 19:

1) thence S 02° 24' 24" E along the section line a distance of 2637.82 feet to a stone found at the southeast corner of said quarter section;

2) thence S 88° 34' 06" W along the quarter section line a distance of 657.31 feet to a 5/8" rebar with I.D. cap marked "GASBARRE" found at the southeast corner of lands conveyed to William L. and Gita K. Bauerle in Volume 693; Page 761 of Wayne County Deed Records;

3) thence N 02° 25' 29" W along the easterly line of said Bauerle and the easterly line of lands conveyed to Danny C. and Lora A. Fry in O.R. 57; Page 100 of Wayne County Official Records a distance of 2634.65 feet to a 1" pipe found on the section line;

4) thence N 88° 17' 26" E along the section line a distance of 658.10 feet to the place of beginning and containing within said bounds 39.800 acres of land, more or less, and subject to all legal highways and easements of record.

This description was prepared by Virgil D. Landis, P.S. #6551 from a survey made in July of 2000 by Shaffer, Johnston, Lichtenwalter & Associates, Inc. Bearings are based on the NAD 83 State Plane System from Survey "PP"-446. See Wayne County Survey Records Volume QQ; Page 656 for survey.

Parcel 6

Consisting of approximately 165.209 acres, P.P.N. 27-01872-000.

Situated in the Township of East Union, County of Wayne, State of Ohio and known as being the Northeast Quarter of Section 20, T-16N; R-12W, also known as being lands conveyed to the State of Ohio in Volume 207; Page 222, Volume 207; Page 230, Volume 207; Page 232 and Volume 207; Page 240 of Wayne County Deed Records. Said parcel contains 165.209 acres of land, more or less, and subject to all legal highways and easements of record.

This description was prepared by Virgil D. Landis, P.S. #6551 from a survey made in July of 2000 by Shaffer, Johnston, Lichtenwalter & Associates, Inc.

See survey "PP"-446.

See Wayne County Survey Records Volume QQ; Page 656 for survey.

Parcel 7

Consisting of approximately 164.564 acres, P.P.N. 27-01873-000.

Situated in the Township of East Union, County of Wayne, State of Ohio and known as being the Northwest Quarter of Section 20, T-16N; R-12W, also known as being lands conveyed to the State of Ohio in Volume 207; Page 239, Volume 207; Page 331 and Volume 207; Page 332 of Wayne County Deed Records. Said parcel contains 164.564 acres of land, more or less, and subject to all legal highways and easements of record.

This description was prepared by Virgil D. Landis, P.S. #6551 from a survey made in July of 2000 by Shaffer, Johnston, Lichtenwalter & Associates, Inc.

See survey "PP"-446.

See Wayne County Survey Records Volume QQ; Page 656 for survey.

Parcel 8

Consisting of approximately 271.765 acres, P.P.N. 27-01874-000 & 27-01875-000.

Situated in the Township of East Union, County of Wayne, State of Ohio and known as being a part of the Southeast and Southwest Quarters of Section 20, T-16N; R-12W, also known as being lands conveyed to the State of Ohio in Volume 207; Page 228, Volume 207; Page 330 and Volume 207; Page 332 of Wayne County Deed Records and further bounded and described as follows:

Beginning at a 1" pipe found at the northeast corner of the Southeast Quarter of Section 20:

1) thence S 02° 15' 26" E along the section line and centerline of Apple Creek Road (C.R. 44) a distance of 200.00 feet to railroad spike found;

2) thence S 85° 03' 58" W and passing thru a 5/8" rebar with I.D. cap marked "S.J.L., INC." found at 30.03 feet a total distance of 650.63 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." found;

3) thence S 02° 15' 26" E, 460.00 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." found;

4) thence N 85° 03' 58" E and passing thru a 5/8" rebar with I.D. cap marked "S.J.L., INC." found at 620.60 feet a total distance of 650.63 feet to a railroad spike found on the section line and centerline of Apple Creek Road;

5) thence S 02° 15' 26" E along the section line and centerline of Apple Creek Road a distance of 1544.31 feet to a railroad spike found on the Village of Apple Creek Corporation Line;

6) thence N 89° 52' 58" W along said Corporation Line a distance of 712.28 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." set at the southeast corner of lands conveyed to Ronald S. Painter in Volume 639; Page 568 of Wayne County Deed Records;

7) thence N 00° 49' 51" E along the easterly line of said Painter and the easterly line of lands conveyed to Cynthia Catherman in Volume 590; Page 683 and Volume 646; Page 567 of Wayne County Deed Records a distance of 425.00 feet to a 1" pipe found at the northeast corner of said Catherman;

8) thence S 87° 13' 30" W along the northerly line of said Catherman, the northerly line of lands conveyed to Fannie Geiser in O.R. 54; Page 669 of Wayne County Official Records, the northerly line of lands conveyed to the Village of Apple Creek in Volume 454; Page 367 and O.R. 279; Page 896 of said Records and the northerly line of lands conveyed to Gary L. Topp and Kenneth L. Blanchard in Volume 719; Page 118 of Wayne County Deed Records a and passing thru a 5/8" rebar with I.D. cap marked "S.J.L., INC." set at 1984.39 feet a total distance of 2034.39 feet to a monument spike set on the quarter section line and centerline of Barnard Road (C.R. 302);

9) thence S 02° 34' 03" E along the quarter section line and centerline of Barnard Road a distance of 714.12 feet to a monument spike set at the southwest corner of said Topp and Blanchard and on the centerline of Dover Road (U.S. 250);

10) thence S 86° 49' 47" E along the centerline of Dover Road and the southerly line of said Topp and Blanchard a distance of 692.00 feet to a 5/8" rebar with I.D. cap marked "RUDOLPH" found;

11) thence S 69° 43' 46" E along the centerline of Dover Road and the southerly line of said Topp and Blanchard a distance of 291.60 feet to a monument spike set on the centerline of Dover Road and on the section line;

12) thence S 87° 26' 36" W along the section line a distance of 957.27 feet to a 1" rebar found at the southwest corner of the Southeast Quarter of Section 20;

13) thence S 86° 34' 05" W along the section line a distance of 2357.64 feet to a 5/8" rebar with I.D. cap marked "RUDOLPH" found at the southeasterly corner of lands conveyed to Lester and Irene M. Steiner in Volume 501; Page 736 of Wayne County Deed Records;

14) thence N 02° 07' 28" W along the easterly line of said Steiner a distance of 454.28 feet to a point on the centerline of Dover Road (reference 1" rebar found S 08° 44' 07" W, 29.87 feet);

15) thence N 87° 20' 01" W along the centerline of Dover Road a distance of 365.12 feet to a point on the section line (witnessed by a crows foot 18.17 feet north);

16) thence N 02° 29' 57" W along the section line a distance of 2149.36 feet to a stone found at the northwest corner of the Southwest Quarter of Section 20;

17) thence N 87° 00' 14" E along the quarter section line a distance of 2714.97 feet to a 1" pipe found at the center of Section 20;

18) thence N 86° 49' 53" E along the quarter section line a distance of 2732.76 feet to the place of beginning and containing within said bounds 271.765 acres of land of which 111.568 acres are in the Southeast Quarter of Section 20 and 160.197 acres are in the Southwest Quarter of Section 20, more or less, and subject to all legal highways and easements of record.

This description was prepared by Virgil D. Landis, P.S. #6551 from a survey made in July of 2000 by Shaffer, Johnston, Lichtenwalter & Associates, Inc. Bearings are based on the NAD 83 State Plane System from survey "PP"-446. See Wayne County Survey Records Volume QQ; Page 656 for survey.

Parcel 9

Consisting of approximately 79.426 acres, P.P.N. 27-01881-000 & 27-01882-000.

Situated in the Township of East Union, County of Wayne, State of Ohio and known as being a part of the Northeast and Northwest Quarters of Section 29, T-16N; R-12W, also known as being lands conveyed to the State of Ohio in Volume 207; Page 229 of Wayne County Deed Records and further bounded and described as follows:

Beginning at a 1" rebar found at the northwest corner of the Northeast Quarter of Section 29:

1) thence N 87° 26' 36" E along the section line a distance of 750.88 feet to a 5/8" rebar with I.D. cap marked "GASBARRE" found on the centerline of Messner Road (T.R. 49);

2) thence S 27° 31' 14" W along the centerline of Messner Road a distance of 380.20 feet to a 1" pipe found at the northeast corner of lands conveyed to Ivalee Hamilton in Volume 426; Page 660 and Volume 433; Page 553 of Wayne County Deed Records;

3) thence S 86° 40' 14" W along the northerly line of said Hamilton a distance of 313.50 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." set at the northwest corner thereof;

4) thence S 00° 18' 14" W along the westerly line of said Hamilton a distance of 165.00 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." set at the southwest corner thereof and on the northerly line of lands conveyed to Angela K. Glasgow in Volume 509; Page 77 and Volume 579; Page 519 of Wayne County Deed Records;

5) thence S 87° 57' 24" W along the northerly line of said Glasgow a distance of 243.08 feet to a fence post found at the northwest corner thereof and on the quarter section line;

6) thence S 02° 02' 38" E along the quarter section line a distance of 864.94 feet to a 5/8" rebar with I.D. cap marked "GASBARRE" found at the northeast corner of lands conveyed to Joseph W. and Maureen Swartzentruber in O.R. 260; Page 365 of Wayne County Official Records;

7) thence S 86° 39' 42" W along the northerly line of said Swartzentruber, the northerly line of lands conveyed to Joe W. and Maureen Swartzentruber in Volume 722; Page 689 and the northerly line of lands conveyed to the Springdale Farm in O.R. 3; Page 905 of Wayne County Official Records a distance of 2355.64 feet to a 5/8" rebar with I.D. cap marked "GASBARRE" found at the southeast corner of lands conveyed to Barbara Mullins etal in Volume 723; Pages 66 & 70 and O.R. 278; Page 158 of said Records;

8) thence N 02° 07' 28" W along the easterly line of said Mullins a distance of 1356.92 feet to a 5/8" rebar with I.D. cap marked "RUDOLPH" found on the section line;

9) thence N 86° 34' 05" E along the section line a distance of 2357.64 feet to the place of beginning and containing within said bounds 79.426 acres of land of which 5.929 acres are in the Northeast Quarter of Section 29 and 73.497 acres are in the Northwest Quarter of Section 29, more or less, and subject to all legal highways and easements of record.

This description was prepared by Virgil D. Landis, P.S. #6551 from a survey made in July of 2000 by Shaffer, Johnston, Lichtenwalter & Associates, Inc. Bearings are based on the NAD 83 State Plane System from survey "PP"-446. See Wayne County Survey Records Volume QQ; Page 656 for survey.

Parcel 10

Consisting of approximately 466.052 acres, P.P.N. 27-01867-000, 27-01876-000, 27001877-000, & 27-01878-000.

Situated in the Township of East Union, County of Wayne, State of Ohio and known as being a part of the Northeast, Northwest, Southeast and Southwest Quarters of Section 21, T-16N; R-12W, also known as being lands conveyed to the State of Ohio in Volume 207; Page 220, Volume 207; Page 224, and Volume 207; Page 228 of Wayne County Deed Records and further bounded and described as follows:

Beginning at a rebar and stone found at the northeast corner of the Northeast Quarter of Section 21:

1) thence S 02° 50' 56" E along the section line and centerline of Millborne Road (C.R. 142) a distance of 2680.85 feet to a 1" pipe found at the southeast corner of said quarter section;

2) thence S 02° 51' 36" E along the section line a distance of 2367.50 feet to a 5/8" rebar with I.D. cap marked "SHAMP" found at the northerly corner of lands conveyed to James W. Orr in Volume 613; Page 569 of Wayne County Deed Records;

3) thence S 41° 05' 07" W along the northwesterly line of said Orr a distance of 433.13 feet to a point on the section line (witnessed by a 5/8" rebar with I.D. cap marked "S.J.L., INC." found S 44° 38' 33" E, 0.28 feet);

4) thence S 87° 05' 00" W along the section line a distance of 2409.31 feet to a 5/8" rebar with I.D. cap marked "SHAMP" found at the southwest corner of the Southeast Quarter of Section 21;

5) thence S 86° 31' 48" W along the section line a distance of 366.97 feet to a 5/8" rebar with I.D. cap marked "SHAMP" found at the southeast corner of lands conveyed to the Board of Trustees of East Union Township in O.R. 54; Page 438 of Wayne County Official Records;

6) thence N 03° 26' 02" W along the easterly line of said Board of Trustees a distance of 377.48 feet to a 5/8" rebar with I.D. cap marked "RUDOLPH" found at the northeast corner thereof;

7) thence S 87° 26' 18" W along the northerly line of said Board of Trustees a distance of 1416.29 feet to a 5/8" rebar with I.D. cap marked "RUDOLPH" found at the southeast corner of lands conveyed to the Board of Trustees of East Union Township in O.R. 54; Page 442 of Wayne County Official Records;

8) thence N 02° 23' 16" W along the easterly line of said Board of Trustees a distance of 342.57 feet to a 5/8" rebar with I.D. cap marked "RUDOLPH" found at the northeast corner thereof;

9) thence S 87° 23' 30" W along the northerly line of said Board of Trustees a distance of 458.77 feet to a 5/8" rebar with I.D. cap marked "SHAMP" found at the southeast corner of lands conveyed to Apple Creek Volunteer Fire Department and Emergency Squad, Inc. in O.R. 217; Page 728 of Wayne County Official Records;

10) thence N 02° 15' 26" W along the easterly line of said Apple Creek Volunteer Fire Department a distance of 211.32 feet to a 5/8" rebar with I.D. cap marked "SHAMP" found at the northeast corner thereof;

11) thence S 87° 23' 30" W along the northerly line of said Apple Creek Volunteer Fire Department and passing thru a 5/8" rebar with I.D. cap marked "SHAMP" found at 485.35 feet a total distance of 515.35 feet to a railroad spike found at the northwest corner thereof and on the section line and centerline of Apple Creek Road (C.R. 44);

12) thence N 02° 15' 26" W along the section line and centerline of Apple Creek Road a distance of 1682.33 feet to a 1" pipe found at the northwest corner of the Southwest Quarter of Section 21;

13) thence N 03° 12' 39" W along the section line and centerline of Apple Creek Road a distance of 1162.93 feet to a railroad spike found;

14) thence N 68° 30' 11" E, 525.58 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." found at a point of curvature;

15) thence northeasterly 306.27 feet along the arc of a curve deflecting to the left, said curve having a radius of 1179.00 feet, a central angle of 14° 53' 02" and a chord which bears N 61° 03' 39" E, 305.41 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." found at a point of reverse curve;

16) thence southeasterly 375.09 feet along the arc of a curve deflecting to the right, said curve having a radius of 267.00 feet, a central angle of 80° 29' 25" and a chord which bears S 86° 08' 09" E, 345.00 feet to a point of compound curve;

17) thence southeasterly 225.18 feet along the arc of a curve deflecting to the right, said curve having a radius of 932.78 feet, a central angle of 13° 49' 53" and a chord which bears S 38° 58' 30" E, 224.63 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." found at a point of reverse curve;

18) thence southeasterly 129.18 feet along the arc of a curve deflecting to the left, said curve having a radius of 219.70 feet, a central angle of 33° 41' 22" and a chord which bears S 48° 54' 15" E, 127.33 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." found;

19) thence S 65° 44' 56" E, 267.57 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." found at a point of curvature;

20) thence southeasterly 60.37 feet along the arc of a curve deflecting to the right, said curve having a radius of 515.54 feet, a central angle of 06° 42' 35" and a chord which bears S 62° 23' 39" E, 60.34 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." found at a point of reverse curve;

21) thence southeasterly 166.81 feet along the arc of a curve deflecting to the left, said curve having a radius of 257.00 feet, a central angle of 37° 11' 20" and a chord which bears S 77° 38' 01" E, 163.90 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." found;

22) thence N 83° 46' 19" E, 695.35 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." found;

23) thence S 03° 11' 31" E, 274.73 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." found;

24) thence N 86° 48' 29" E, 1039.31 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." found;

25) thence N 03° 11' 31" W, 655.89 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." found;

26) thence N 85° 51' 29" E and passing thru a 5/8" rebar found at 137.09 feet at the southwest corner of lands conveyed to the Wayne County Fire Rescue Association in Volume 663; Page 123 of Wayne County Deed Records, and along their southerly line a total distance of 1435.49 feet to a 5/8" rebar found at the southeast corner thereof;

Thence along the easterly line of said Wayne County Fire Rescue Association the following three (3) courses:

27) thence N 18° 52' 54" W, 382.36 feet to a 5/8" rebar found;

28) thence N 34° 00' 00" W, 476.22 feet to a 5/8" rebar found;

29) thence N 02° 58' 40" W, 531.08 feet to a 5/8" rebar found at the northeast corner thereof and at the southwest corner of lands conveyed to the State of Ohio in Volume 207; Pages 223, 226 and 227 of Wayne County Deed Records;

30) thence N 86° 05' 34" E along the southerly line of said State of Ohio a distance of 855.22 feet to the place of beginning and containing within said bounds 466.052 acres of land of which 95.763 acres are in the Northeast Quarter of Section 21, 70.407 acres are in the Northwest Quarter of Section 21, 166.163 acres are in the Southeast Quarter of Section 21 and 133.719 acres are in the Southwest Quarter of Section 21, more or less, and subject to all legal highways and easements of record.

This description was prepared by Virgil D. Landis, P.S. #6551 from a survey made in July of 2000 by Shaffer, Johnston, Lichtenwalter & Associates, Inc. Bearings are based on the NAD 83 State Plane System from survey "PP"-446. See Wayne County Survey Records Volume QQ; Page 657 for survey.

Parcel 11

Consisting of approximately 62.205 acres, P.P.N. 27-01879-000 & 27-01880-000.

Situated in the Township of East Union, County of Wayne, State of Ohio and known as being a part of the Northeast and Northwest Quarters of Section 28, T-16N; R-12W, also known as being a part of lands conveyed to the State of Ohio in Volume 207; Page 220 of Wayne County Deed Records and further bounded and described as follows:

Beginning at a 5/8" rebar with I.D. cap marked "SHAMP" found at the northwest corner of the Northeast Quarter of Section 28:

1) thence N 87° 05' 00" E along the section line a distance of 2432.95 feet to a 5/8" rebar with I.D. cap marked "SHAMP" found on the northwesterly line of lands conveyed to James W. Orr in Volume 613; Page 569 of Wayne County Deed Records;

2) thence S 40° 56' 02" W along the northwesterly line of said Orr a distance 83.63 feet to a railroad spike found on the centerline of Hackett Road (C.R. 188);

3) thence S 41° 04' 54" W along the northwesterly line of lands conveyed to G. & S. Energy, Inc. in O.R. 74; Page 883 of Wayne County Official Records a distance of 1532.45 feet to a 5/8" rebar found on the Village of Apple Creek Corporation Line;

4) thence S 79° 04' 46" W along said Corporation Line a distance of 1256.36 feet to a 5/8" rebar found;

5) thence S 79° 17' 36" W along said Corporation Line a distance of 164.54 feet to a 5/8" rebar found;

6) thence N 35° 32' 40" W along said Corporation Line a distance of 678.16 feet to a point on the southerly line of lands conveyed to Apple Creek Cemetery Association in Volume 207; Pages 306 & 307 of Wayne County Deed Records;

7) thence N 86° 27' 59" E along the southerly line of said cemetery a distance of 185.44 feet to a 5/8" rebar with I.D. cap marked "SHAMP" found at the southeast corner thereof;

8) thence N 09° 28' 46" W along the easterly line of said cemetery a distance of 788.42 feet to a 5/8" rebar with I.D. cap marked "SHAMP" found at the northeast corner thereof and on the section line;

9) thence N 86° 31' 48" E along the section line a distance of 366.97 feet to the place of beginning and containing within said bounds 62.205 acres of land of which 52.283 acres are in the Southeast Quarter of Section 28 and 9.922 acres are in the Northwest Quarter of Section 28, more or less, and subject to all legal highways and easements of record.

This description was prepared by Virgil D. Landis, P.S. #6551 from a survey made in July 2000 by Shaffer, Johnston, Lichtenwalter & Associates, Inc. Bearings are based on the NAD 83 State Plane System from survey "PP"-446. See Wayne County Survey Records Volume QQ; Page 657 for survey.

Parcel 12

Consisting of approximately 7.226 acres, P.P.N. 28-00466-000.

Situated in the Village of Apple Creek, County of Wayne, State of Ohio and known as being a part of O.L. 14 in said Village, also known as being lands conveyed to the State of Ohio in Volume 206; Page 365 of Wayne County Deed Records and further bounded and described as follows:

Beginning at a 5/8" rebar with I.D. cap marked "SHAMP" found at the southwesterly corner of Lot 79 in said Village, also being the southwest corner of lands conveyed to John W. and Beverly S. Holley in Volume 576; Page 605 of Wayne County Deed Records:

1) thence N 56° 48' 15" E along the southerly line of said Lot 79 and the southerly line of said Holley a distance of 160.00 feet to a 5/8" rebar with I.D. cap marked "SHAMP" found at the southeasterly corner thereof;

2) thence N 47° 35' 03" W along the easterly line of said Lot 79 and the easterly line of said Holley a distance of 60.00 feet to a 5/8" rebar with I.D. cap marked "SHAMP" found at the northeasterly corner thereof;

3) thence S 56° 48' 15" W, 18.02 feet to a 5/8" rebar with I.D. cap marked "SHAMP" found on the easterly line of Cemetery Street;

4) thence N 09° 20' 27" W along the easterly line of Cemetery Street a distance of 216.16 feet to a 5/8" rebar with I.D. cap marked "SHAMP" found at the southeast corner of lands conveyed to the Village of Apple Creek in Volume 166; Page 230 of Wayne County Deed Records;

5) thence N 86° 27' 59" E along the southerly line of said Village of Apple Creek and the southerly line of lands conveyed to Apple Creek Cemetery Association in Volume 207; Pages 306 and 307 of Wayne County Deed Records a distance of 548.56 feet to a point on the Village of Apple Creek Corporation Line;

6) thence S 35° 32' 40" E along said Corporation Line a distance of 678.16 feet to a 5/8 rebar found on the northerly line of Lot 314 in the Troxel Acres Subdivision as recorded in Volume 20; Page 261 of Wayne County Plat Records;

7) thence S 79° 17' 36" W along the northerly line of said Lot 314 a distance of 179.34 feet to a 1/2" pipe found at the northwest corner thereof and the northeast corner of lands conveyed to Ray B. and Bessie G. Hawkins in Volume 427; Page 347 of Wayne County Deed Records;

8) thence S 79° 11' 11" W along the northerly line of said Hawkins a distance of 228.21 feet to a 5/8" rebar with I.D. cap marked "SHAMP" found at the southeast corner of lands conveyed to Massillon Cable TV in Volume 580; Page 268 of Wayne County Deed Records;

9) thence N 10° 40' 45" W along the easterly line of said Massillon Cable TV a distance of 349.99 feet to a 1/2" pipe found at the northeast corner thereof;

10) thence S 79° 15' 37" W along the northerly line of said Massillon Cable TV a distance of 232.38 feet to a 1" pipe found;

11) thence S 42° 22' 56" W along the westerly line of said Massillon Cable TV a distance of 222.03 feet to a 1" pipe found on the northeasterly line of Grange Street;

12) thence N 47° 35' 03" W along the northeasterly line of Grange Street a distance of 186.82 feet to the place of beginning and containing within said bounds 7.226 acres of land, more or less, and subject to all legal highways and easements of record.

This description was prepared by Virgil D. Landis, P.S. #6551 from a survey made in July 2000 by Shaffer, Johnston, Lichtenwalter & Associates, Inc. Bearings are based on the NAD 83 State Plane System from survey "PP"-446. See Wayne County Survey Records Volume QQ; Page 657 for survey.

Parcel 13

Consisting of approximately 3.132 acres, P.P.N. 28-00452-000.

Situated in the Village of Apple Creek, County of Wayne, State of Ohio and known as being Out Lot 8 in said Village, also known as being lands conveyed to the State of Ohio in Volume 207; Page 330 of Wayne County Deed Records. Said parcel contains 3.132 acres of land, more or less, and subject to all legal highways and easements of record.

This description was prepared by Virgil D. Landis, P.S. #6551 from a survey made in July 2000 by Shaffer, Johnston, Lichtenwalter & Associates, Inc. See survey "PP"-446. See Wayne County Survey Records Volume QQ; Page 656 for survey.

Parcel 14

Consisting of approximately 0.203 acres, P.P.N. 28-00453-000.

Situated in the Village of Apple Creek, County of Wayne, State of Ohio and known as being Lot 131 in said Village, also known as being lands conveyed to the State of Ohio in Volume 207; Page 330 of Wayne County Deed Records. Said parcel contains 0.203 acre of land, more or less, and subject to all legal highways and easements of record.

This description was prepared by Virgil D. Landis, P.S. #6551 from a survey made in July of 2000 by Shaffer, Johnston, Lichtenwalter & Associates, Inc.

See survey "PP"-446.

See Wayne County Survey Records Volume QQ; 656 for survey.

Parcel 15

Consisting of approximately 165.972 acres.

Situated in the Township of East Union, County of Wayne, State of Ohio and known as being the Northeast Quarter of Section 17, T-16N; R-14W, also known as being lands conveyed to the State of Ohio in Volume 276; Page 185 of Wayne County Deed Records. Said parcel contains 165.972 acres of land, more or less, and subject to all legal highways and easements of record.

This description was prepared by Virgil D. Landis, P.S. #6551 from a survey made in July of 2000 by Shaffer, Johnston, Lichtenwalter & Associates, Inc.

See survey "PP"-446.

See Wayne County Survey Records Volume QQ; Page 655 for survey.

Parcel 16

Consisting of approximately 80.710 acres.

Situated in the Township of East Union, County of Wayne, State of Ohio and known as being a part of the Northwest Quarter of Section 16, T-16N; R-12W, also known as being lands conveyed to the State of Ohio in Volume 276; Page 167 of Wayne County Deed Records and further bounded and described as follows:

Beginning at a monument spike set at the southwest corner of the Northwest Quarter of Section 16:

1) thence N 02° 40' 36" W along the section line and centerline of Apple Creek Road (C.R. 44) a distance of 2387.08 feet to a monument spike set at the southwest corner of lands conveyed to Henry S. and Lulu E. Miller in Volume 366; Page 188 of Wayne County Deed Records;

2) thence N 86° 24' 49" E along the southerly line of said Miller and passing thru a 5/8" rebar with I.D. cap marked "S.J.L., INC." set at 30.00 feet a total distance of 295.18 feet to a 5/8" rebar with I.D. cap marked "S.L.J., INC." set at the southeast corner thereof;

3) thence N 02° 40' 36" W along the easterly line of said Miller and passing thru a 5/8" rebar with I.D. cap marked "S.J.L., INC." set at 265.18 feet a total distance of 295.18 feet to a monument spike set at the northeast corner thereof and on the section line and centerline of Secrest Road (T.R. 539);

4) thence N 86° 24' 49" E along the section line and centerline of Secrest Road a distance of 1049.26 feet to a monument spike set at the northwest corner of lands conveyed to the State of Ohio, Department of Public Welfare, Apple Creek School in Volume 261; Page 448 of Wayne County Deed Records;

5) thence S 02° 42' 06" E along the westerly line of said State of Ohio parcel and passing thru a 5/8" rebar with I.D. cap marked "S.J.L., INC." set at 30.00 feet and 2645.71 feet a total distance of 2675.71 feet to a monument spike set on the quarter section line and centerline of Ely Road (T.R. 163);

6) thence S 86° 08' 07" W along the quarter section line and centerline of Ely Road a distance of 1345.72 feet to the place of beginning and containing within said bounds 80.710 acres, more or less, and subject to all legal highways and easements of record.

This description was prepared by Virgil D. Landis, P.S. #6551 from a survey made in July of 2000 by Shaffer, Johnston, Lichtenwalter & Associates, Inc. Bearings are based on the NAD 83 State Plane System from survey "PP"-446. See Wayne County Survey Records Volume QQ; Page 654 for survey.

Parcel 17

Consisting of approximately 1.621 acres.

Situated in the Township of East Union, County of Wayne, State of Ohio and known as being a part of the Southeast Quarter of Section 17, T-16N; R-12W, also known as being a part of lands conveyed to the State of Ohio in Volume 207; Page 229 of Wayne County Deed Records and further bounded and described as follows:

Commencing at an iron pin found at the southeast corner of the Southeast Quarter of Section 17; thence N 02° 44' 53" W along the section line and centerline of Apple Creek Road (C.R. 44) a distance of 1625.06 feet to a monument spike set; thence N 86° 24' 00" W, 174.53 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." set and the principal place of beginning of the parcel herein described:

1) thence S 83° 04' 04" W, 58.15 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." set;

2) thence S 57° 46' 38" W, 226.33 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." set;

3) thence S 11° 40' 19" W, 157.07 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." set;

4) thence S 87° 15' 02" W, 95.65 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." set;

5) thence N 57° 25' 15" W, 211.15 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." set;

6) thence N 43° 33' 15" E, 187.84 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." set;

7) thence N 82° 24' 02" E, 426.83 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." set;

8) thence S 05° 27' 15" E, 20.25 feet to the place of beginning and containing within said bounds 1.621 acres of land, more or less, and subject to all legal highways and easements of record.

Together with right of ingress and egress over the following described parcel of land:

Situated in the Township of East Union, County of Wayne, State of Ohio and known as being a part of the Southeast Quarter of Section 17, T-16N; R-12W, also known as being a part of lands conveyed to the State of Ohio in Volume 207; Page 229 of Wayne County Deed Records and further bounded and described as follows:

Commencing at an iron pin found at the southeast corner of the Southeast Quarter of Section 17; thence N 02° 44' 53" E along the section line and centerline of Apple Creek Road (C.R. 44) a distance of 1625.06 feet to a monument spike set and the principal place of beginning of the easement herein described:

1) thence N 86° 24' 00" W, 174.53 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC.," set;

2) thence N 05° 27' 15" W, 20.25 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." set;

3) thence S 86° 24' 00" E, 175.49 feet to a monument spike set on the section line and centerline of Apple Creek Road;

4) thence S 02° 44' 53" W, 20.12 feet to the place of beginning.

This description was prepared by Virgil D. Landis, P.S. #6551 from a survey made in July of 2000 by Shaffer, Johnston, Lichtenwalter & Associates, Inc. Bearings are based on the NAD 83 State Plane System from survey "PP"-446. See Wayne County Survey Records Volume QQ; Page 524 for survey.

Parcel 18

Consisting of approximately 130.822 acres.

Situated in the Township of East Union, County of Wayne, State of Ohio and known as being a part of the Southeast and Southwest Quarters of Section 16 and the Northeast and Northwest Quarters of Section 21, T-16N; R-12W, also known as being a part of lands conveyed to the State of Ohio in Volume 207; Page 223, Volume 207; Page 224, and Volume 207; Page 228 of Wayne County Deed Records and further bounded and described as follows:

Beginning at a 1" pipe found at the northwest corner of the Northwest Quarter of Section 21:

1) thence N 86° 07' 02" E along the section line and southerly line of lands conveyed to Oris Earl and Dorothy Ellen Steiner in Volume 545; Page 386 of Wayne County Deed Records a distance of 1363.52 feet to a 1 1/2" pipe found at the southeast corner of Steiner;

2) thence N 02° 52' 41" E along the easterly line of said Steiner a distance of 70.00 feet to a 1" pipe found;

3) thence N 86° 57' 56" E, 809.77 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." set on the westerly line of lands conveyed to Wayne County in Volume 720; Page 772 of Wayne County Deed Records;

4) thence S 03° 52' 58" E along the westerly line of said Wayne County a distance of 58.00 feet to a rebar over a stone found on the section line;

5) thence S 03° 52' 57" E along the westerly line of said Wayne County a distance of 240.00 feet to a 5/8" rebar found at the southwest corner thereof;

6) thence N 86° 06' 23" E along the southerly line of said Wayne County a distance of 550.13 feet to a 5/8" rebar found at the southeast corner thereof;

7) thence N 02° 12' 57" W along the easterly line of said Wayne County a distance of 240.00 feet to a rebar over a stone found on the section line;

8) thence N 03° 36' 23" W along the easterly line of said Wayne County a distance of 113.44 feet to a 1" pipe found;

9) thence N 86° 05' 34" E along the southerly line of said Wayne County a distance of 521.12 feet to a 1" pipe found at the southeasterly corner thereof;

10) thence N 02° 36' 10" W along the easterly line of said Wayne County a distance of 150.61 feet to a 1" pipe found;

11) thence N 87° 47' 24" E along the southerly line of said Wayne County a distance of 291.03 feet to a 1" pipe found on the westerly line of lands conveyed to the Wayne County Fire Rescue Association in Volume 663; Page 123 of Wayne County Deed Records;

12) thence S 14° 18' 48" W along the westerly line of said Wayne County Fire Rescue Association and passing thru a 5/8" rebar found at 268.87 feet on the section line a total distance of 662.32 feet to a 5/8" rebar found;

13) thence S 65° 25' 44" E, 51.88 feet to a 5/8" rebar found;

14) thence S 02° 40' 46" W along the westerly line of said Wayne County Fire Rescue Association a distance of 466.73 feet to a 5/8" rebar found at a southwesterly corner thereof;

15) thence N 88° 30' 30" E along the southerly line of said Wayne County Fire Rescue Association a distance of 327.10 feet to a 5/8" rebar found;

16) thence S 01° 33' 09" E along the westerly line of said Wayne County Fire Rescue Association a distance of 442.22 feet to a 5/8" rebar found at the southwesterly corner thereof;

17) thence S 85° 51' 29" W, 137.09 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." set;

18) thence S 03° 11' 31" E, 655.89 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." set;

19) thence S 86° 48' 29" W, 1039.31 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." set;

20) thence N 03° 11' 31" W, 274.73 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." set;

21) thence S 83° 46' 19" W, 695.35 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." set at a point of curvature;

22) thence northwesterly 166.81 feet along the arc of a curve deflecting to the right, said curve having a radius of 257.00 feet, a central angle of 37° 11' 20" and a chord which bears N 77° 38' 01" W, 163.90 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." set at a point of reverse curve;

23) thence northwesterly 60.37 feet along the arc of a curve deflecting to the left, said curve having a radius of 515.54 feet, a central angle of 06° 42' 35" and a chord which bears N 62° 23' 38" W, 60.34 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." set;

24) thence N 65° 44' 56" W, 267.57 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." set at a point of curvature;

25) thence northwesterly 129.18 feet along the arc of a curve deflecting to the right, said curve having a radius of 219.70 feet, a central angle of 33° 41' 22" and a chord which bears N 48° 54' 14" W, 127.33 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." set at a point of reverse curve;

26) thence northwesterly 225.18 feet along the arc of a curve deflecting to the left, said curve having a radius of 932.78 feet, a central angle of 13° 49' 53" and a chord which bears N 38° 58' 30" W, 224.63 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." set at a point of compound curve;

27) thence northwesterly 375.09 feet along the arc of a curve deflecting to the left, said curve having a radius of 267.00 feet, a central angle of 80° 29' 25" and a chord which bears N 86° 08' 09" W, 345.00 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." set at a point of reverse curve;

28) thence southwesterly 306.27 feet along the arc of a curve deflecting to the right, said curve having a radius of 1179.00 feet, a central angle of 14° 53' 02" and a chord which bears S 61° 03' 40" W, 305.41 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." set;

29) thence S 68° 30' 11" W, 525.58 feet to a monument spike set on the section line and centerline of Apple Creek Road (C.R. 44);

30) thence N 03° 12' 39" W along the section line and centerline of Apple Creek Road a distance of 1479.67 feet to the place of beginning and containing within said bounds 130.822 acres of land of which 1.191 acres are in the Southwest Quarter of Section 16, 2.861 acres are in the Southeast Quarter of Section 16, 35.159 acres are in the Northeast Quarter of Section 21 and 91.611 acres are in the Northwest Quarter of Section 21, more or less, and subject to all legal highways and easements of record.

This description was prepared by Virgil D. Landis, P.S. #6551 from a survey made in April of 2000 by Shaffer, Johnston, Lichtenwalter & Associates, Inc. Bearings are based on the NAD 83 State Plane System from survey "PP"-446. See Wayne County Survey Records Volume QQ; Page 528 for survey.

Parcel 19

Consisting of approximately 6.863 acres.

Situated in the Township of East Union, County of Wayne and State of Ohio and known as being a part of the Southeast Quarter of Section 20, T-16N; R-12W, and being further bounded and described as follows:

Commencing at an iron pin found on the centerline of Apple Creek Road (C.R. 44) marking the northeast corner of the Southeast Quarter of Section 20; thence S 02° 15' 26" E along the section line and centerline of Apple Creek Road a distance of 200.00 feet to a railroad spike found and the principal place of beginning of the parcel herein described:

1) thence continuing S 02° 15' 26" E along the section line and the centerline of Apple Creek Road a distance of 460.00 feet to a railroad spike found;

2) thence S 85° 03' 58" W and passing thru a 5/8" rebar with I.D. cap marked "S.J.L., INC." found at 30.03 feet a total distance of 650.63 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." found;

3) thence N 02° 15' 26" W, 460.00 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." found;

4) thence N 85° 03' 58" E and passing thru a 5/8" rebar with I.D. cap marked "S.J.L., INC." found at 620.60 feet a total distance of 650.63 feet to the place of beginning and containing within said bounds 6.863 acres of land, more or less, and subject to all legal highways and easements of record.

This description was prepared by Virgil D. Landis, P.S. #6551 from a survey made in July of 2000 by Shaffer, Johnston, Lichtenwalter & Associates, Inc. Bearings are based on the NAD 83 State Plane System from survey "PP"-446.

Parcel 20

Consisting of approximately 1.002 acres.

Situated in the Township of East Union, County of Wayne and State of Ohio and known as being a part of the southwest quarter of Section 21 and a part of the northwest quarter of Section 28, T-16N; R-12W and being further bounded and described as follows:

Commencing at an iron pin found at the southwest corner of the southwest quarter of Section 21; thence N 89° 42' 44" E along the section line a distance of 691.84 feet to an iron pin set on the easterly line of the Apple Creek Cemetery and the principal place of beginning of the parcel herein described:

1) Thence N 0° 17' 16" W, 70.85 feet to an iron pipe found;

2) Thence N 89° 42' 44" E, 76.56 feet to an iron pipe found;

3) Thence N 0° 17' 16" W, 70.62 feet to an iron pipe found at the northeast corner of said cemetery;

4) Thence N 89° 42' 44" E along the easterly prolongation of the northerly line of said cemetery 150.00 feet to an iron pin set;

5) Thence S 13° 49' 14" W and passing thru an iron pin set at 145.87 feet on the section line a distance of 241.61 feet to a railroad spike set on the centerline of Church Street;

6) Thence S 78° 09' 04" W along the centerline of Church Street 171.14 feet to a railroad spike set at the southeast corner of the aforementioned cemetery;

7) Thence N 0° 17' 16" W, 127.15 feet to the place of beginning and containing within said bounds 1.002 acres of land of which 0.554 acre is in the southwest quarter of Section 21 and 0.448 acre is in the northwest quarter of Section 28 be the same more or less but subject to all legal highways.


Section 2. Consideration for the conveyance described in Section 1 of this act shall be $1,200,000. The consideration shall be paid in three installments. The first installment shall be in the amount of $500,000, and shall be paid within sixty days after the effective date of this act. The second installment shall be in the amount of $500,000, and shall be paid on or before the first-year anniversary date of the first installment. The third installment shall be in the amount of $200,000, and shall be paid on or before the second-year anniversary date of the payment of the first installment.


Section 3. Upon payment of the first installment of the consideration, as described in Section 2 of this act, 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 and 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 Auditor of State for recording, and delivered to The Ohio State University. The Ohio State University shall present the deed for recording in the Office of the Wayne County Recorder.


Section 4. The Ohio State University shall pay the costs of the conveyance described in Section 1 of this act.


Section 5. The net proceeds of the consideration received pursuant to the conveyance described in Section 1 of this act shall be deposited as follows:

(A) The net proceeds of the first and second installments shall be deposited in Fund 152, Miscellaneous Revenue, the Department of Mental Retardation and Developmental Disabilities. The funds so deposited shall be used for the demolition of Macintosh Hall.

(B) The net proceeds of the third installment shall be deposited in the trust account, the Apple Creek Developmental Center I and E Fund of the Department of Mental Retardation and Developmental Disabilities and shall be used for programs and projects to enhance the lives of the residents of the Apple Creek Developmental Center.

No moneys derived from the conveyance described in Section 1 of this act shall be used for purposes of employment, staffing, salaries, or other employee benefits.


Section 6. If The Ohio State University fails to make any of the consideration payments as described in Section 2 of this act, all right, title, and interest in the transferred real estate shall immediately revert to the state and the jurisdiction of the Department of Mental Retardation and Developmental Disabilities without the need for further action by the grantor.


Section 7. The conveyance described in Section 1 of this act shall not proceed until the Director of Mental Retardation and Developmental Disabilities has approved a plan for the buffer zone of the land, known as the "Buffer Zone Plan," which the College of Food, Agriculture, and Environmental Sciences of The Ohio State University shall develop and present to the director. The plan shall consist of a comprehensive, detailed, and specialized landscaping plan for portions of the real estate that are to be conveyed pursuant to Section 1 of this act and that are adjacent to the Apple Creek Developmental Center. The "Buffer Zone Plan" shall identify the area under the jurisdiction of the plan, inventory proposed tree and vegetation installations, and provide a timetable for completion of the plan, taking into account visual impact and scientifically sound odor management principles.


Section 8. The "Buffer Zone Plan" described in Section 7 of this act shall be developed by the College of Food, Agriculture, and Environmental Sciences of The Ohio State University and implemented by the College at the College's sole expense within three years after the effective date of this act. If the College has not implemented the plan as approved by the Director of Mental Retardation and Developmental Disabilities pursuant to Section 7 of this act, all right, title, and interest in the transferred real estate shall immediately revert to the state and the jurisdiction of the Department of Mental Retardation and Developmental Disabilities without the need for further action by the grantor.


Section 9. The conveyance of the real estate described in Section 1 of this act is subject to the conditions that The Ohio State University and its College of Food, Agriculture, and Environmental Sciences accept the real estate subject to a former Indian burial ground that is believed to be located on the real estate in or near the wooded plot southeast of the intersection of Ely Road and Barnard Road in Wayne County, and that The Ohio State University and its College of Food, Agriculture, and Environmental Sciences assume all obligations associated with that former Indian burial ground. If The Ohio State University and its College of Food, Agriculture, and Environmental Sciences do not assume such responsibilities as provided in this section, all right, title, and interest in the transferred real estate shall immediately revert to the state and the jurisdiction of the Department of Mental Retardation and Developmental Disabilities without the need for further action by the grantor.


Section 10. The conveyance described in Section 1 of this act is contingent upon The Ohio State University's satisfaction with the result of a due diligence investigation of the real estate, which The Ohio State University shall conduct. If The Ohio State University is not satisfied with the result of its investigation, it may, as soon as reasonably feasible after the effective date of this act, provide written notice of its intent not to proceed with the conveyance to the Director of Mental Retardation and Developmental Disabilities and shall have no further obligation with respect to the conveyance.


Section 11. The conveyance described in Section 1 of this act is contingent upon The Ohio State University obtaining a title insurance commitment to issue a title insurance policy insuring the real estate satisfactory to The Ohio State University as soon as reasonably feasible after the effective date of this act. If The Ohio State University does not obtain title insurance that it considers satisfactory, it may, as soon as reasonably feasible after the effective date of this act, notify the Director of Mental Retardation and Developmental Disabilities that it does not intend to proceed with the conveyance and shall be under no further obligation with respect to the conveyance.


Section 12. The conveyance described in Section 1 of this act is contingent upon the approval of the conveyance by the Board of Trustees of The Ohio State University, if the board determines that its approval is necessary. The Ohio State University may, if its Board of Trustees has failed to approve the conveyance, notify the Director of Mental Retardation and Developmental Disabilities as soon as reasonably feasible after the effective date of this act that it does not intend to proceed with the conveyance and shall have no further obligation with respect to the conveyance.


Section 13. The conveyance described in Section 1 of this act is subject to all easements including an easement of the State of Ohio with regard to one producing water well that currently supplies the Apple Creek Developmental Center, which easement shall be retained by the State of Ohio. The Department of Mental Retardation and Developmental Disabilities shall maintain and repair, at its expense, this well and the lines transporting water to the Apple Creek Developmental Center. The Ohio State University and its College of Food, Agriculture, and Environmental Sciences shall take no action that would interfere with continued production of potable water from the identified well. The Department shall maintain well head pumps or supply lines, or both, between the well location and the Apple Creek Developmental Center.


Section 14. The conveyance described in Section 1 of this act is subject to the condition that The Ohio State University not convey any or all of the real estate conveyed to it pursuant to this act to any nonstate entity for a period of ten years from the effective date of this act. If The Ohio State University conveys the real estate contrary to the provisions of this section, all right, title, and interest in the transferred real estate shall immediately revert to the state and the jurisdiction of the Department of Mental Retardation and Developmental Disabilities without the need for further action by the grantor.


Section 15. If any of the four existing water wells serving the Apple Creek Developmental Center ceases to produce potable water, the Department of Mental Retardation and Developmental Disabilities shall explore replacement of any such well that ceases to produce sufficient potable water and shall seek a well site that is within the real property remaining under the jurisdiction of the Department. If the replacement water well is unable to be located within the real property remaining under the jurisdiction of the Department at the Apple Creek Developmental Center, the Department may seek, drill, and maintain a water well source on the real estate described in Section 1 of this act at a site mutually agreed upon by the Director of Mental Retardation and Developmental Disabilities and the Vice-President of the College of Food, Agriculture, and Environmental Sciences of The Ohio State University. Any replacement water wells must produce, in concert with the remaining well sources, potable water to the Apple Creek Developmental Center in an amount sufficient to adequately supply the needs of the Apple Creek Developmental Center as determined by the Director.


Section 16. Upon the conveyance of the real estate described in Section 1 of this act, the Inter-Agency Lease between the Department of Mental Retardation and Developmental Disabilities, through the Department of Administrative Services, and The Ohio State University for approximately 1272.92 acres of the real estate described in Section 1 of this act for a period of forty years to expire on January 31, 2025, and bearing file No. 3759-A (the "Lease"), shall automatically terminate and have no further force or effect. If the Lease or a memorandum thereof has been recorded with the Office of the Wayne County Recorder, the State of Ohio, the Department of Administrative Services, the Department of Mental Retardation and Developmental Disabilities, and The Ohio State University shall execute all documentation necessary to release or cancel, or both, the Lease of record on the date of the conveyance of the real estate described in Section 1 of this act.


Section 17. This act shall expire one year after its effective date.


Section 18. 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 emergency is that the conveyance of the real estate is needed at the earliest possible time so that the College of Food, Agriculture, and Environmental Sciences of The Ohio State University may immediately begin to implement its plans for the real estate and the Department of Mental Retardation and Developmental Disabilities may receive the proceeds of the conveyance for the demolition of Macintosh Hall. Therefore, this act shall go into immediate effect.
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