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Sub. H. B. No. 473As Passed by the HouseAs Passed by the House
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Carey, Peterson, Trakas, Core, Schmidt, Cates
A BILL
To authorize the conveyance of state-owned real estate
located in Jackson County to the Jackson City Board
of Education, to authorize
the conveyance of
state-owned real estate located in Delaware
County
to Delaware County, to authorize
the conveyance of
state-owned real estate located in Perry County
to
the Board of Trustees of the Hocking Technical
College, to correct
a legal description in a
previous conveyance of real property the
Adjutant
General determined was no longer needed for armory
or
military purposes, to authorize
the conveyance
and transfer of state-owned personal property
comprising part of the Flat Branch Sewage
Treatment Plant located
in Logan County to the
Board of County Commissioners of Logan
County, and
to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. (A) The Governor is hereby authorized to execute
a
deed in the name of the state conveying to the Jackson City
Board
of Education, and its successors and assigns, all of the
state's
right, title, and interest in the following
described real
estate:
The following described tract is located in part of the
Scioto Salt Reserve (SSR) Lots 4 and 5, Township 6 North, Range 18
West, Franklin Township, Jackson County Ohio. Being part of the
State of Ohio, Ohio Agricultural Research and Development Center's
tract
two and tract three, as recorded in Volume 209, at Page 648,
of
the Deed Records, Recorder's Office, Jackson County, Ohio and
being more accurately described as follows:
Beginning at the intersection of the centerline of the
Portsmouth Branch of the B&O SW Railroad (Jackson Short Line) and
the township line between Franklin and Lick Townships, thence
South 82 degrees 18'53" East, along the township line, a distance
of 1398.90 feet to an iron pin set, said pin being the TRUE POINT
OF BEGINNING for the herein described tract;
Thence South 82 degrees 18'53" East, continuing along the
township line, passing an iron pin previously set at the southeast
corner of Lick Township, SSR Lot 116 at a distance of 41.07 feet,
a total distance of 215.54 feet to an iron pin set on the west
right-of-way line of County Home Road (Township Road 707, 40'
right-of-way), also being a tract of the Board of County
Commissioners of Jackson County, as recorded in Deed Volume 76, at
Page 267;
Thence South 07 degrees 11'24" West, along the west
right-of-way line of County Home Road and said Commissioner's
tract, a distance of 637.87 feet to an iron pin set;
Thence South 25 degrees 23'58" West, through the tract of
which this description is a part, a distance of 677.82 feet to an
iron pin set on the north right-of-way line of State Route 93
(right-of-way varies) and being the south line of the tract of
which this description is a part;
Thence North 64 degrees 30'00" West, along the north
right-of-way line of State Route 93, a distance of 223.70 feet to
an iron pin set on the east line of the Ohio Department of
Transportation's tract as recorded in Deed Volume 270, at Page 49;
Thence along said Ohio Department of Transportation's tract
and the right-of-way line for state Route 93, the following two
(2) courses;
North 25 degrees 30'00" East, a distance of 20.00 feet to an
iron pin set;
North 61 degrees West, a distance of 136.45 feet to an iron
pin set;
Thence North 23 degrees 14'34' East, through the tract of
which this description is a part, a distance of 1190.21 feet to
the point of beginning. Containing a total of 9.665 acres, 9.648
acres are within Scioto Salt Reserve Lot 4, and 0.017 acres within
Scioto Salt Reserve Lot 5. All being part of Auditor's Parcel #
0050010004500;
Being subject to all legal right-of-ways and easements.
All iron pins set for this survey are 5/8" rebar (30" long)
with i.d. cap stamped "Dana Exline 7060."
A plat of survey is attached hereto and made a part hereof.
This description is valid only if the plat is attached and
recorded
with it.
Bearings for this survey are rotated to ODOT plans JAC
93-13.95 recorded in Jackson County Record of Centerline Plats
Book 1, Page 83.
The above description was prepared from an actual field
survey completed on March 08, 2001 by Dana A. Exline, Ohio
Professional Surveyor #7060.
The following described tract is located in part of the
Scioto Salt Reserve (SSR) Lot 4, Township 6 North, Range 18 West,
Franklin Township, Jackson County Ohio. Being part of the State of
Ohio, Ohio Agricultural Research and Development Center's tract
two as recorded in Volume 209, at Page 648, of the Deed Records,
Recorder's Office, Jackson County, Ohio and being more accurately
described as follows:
Beginning at the intersection of the centerline of the
Portsmouth Branch of the B&O SW Railroad (Jackson Short Line) and
the township line between Franklin and Lick townships, thence
South 82 degrees 18'53" East, along the township line, a distance
of 1654.44 feet to an iron pin set on the east right-of-way line
of County Home Road (Township Road 707, 40' right-of-way) also
being a tract of the Board of County Commissioners of Jackson
County, as recorded in Deed Volume 76, at page 267, said pin being
the TRUE POINT OF BEGINNING for the herein described tract;
Thence South 82 degrees 18'53" East, continuing along the
township line, a distance of 353.70 feet to an iron pin set;
Thence South 38 degrees 54'57" West, through the tract of
which this description is a part, a distance of 672.60 feet to an
iron pin set on the east right-of-way line of County Home Road and
said Commissioner's tract;
Thence North 07 degrees 11'24" East, along the east
right-of-way line of County Home Road, a distance of 575.15 feet
to the point of beginning. Containing a total of 2.335 acres.
Being part of Auditor's Parcel #0050010004500;
Being subject to all legal right-of-ways and easements.
All iron pins set for this survey are 5/8" rebar (30" long)
with i.d. cap stamped "Dana Exline 7060."
A plat of survey is attached hereto and made a part hereof.
This description is valid only if the plat is attached and
recorded with it.
Bearings for this survey are rotated to ODOT plans JAC
93-13.95 recorded in Jackson County Record of Centerline Plats
Book 1, Page 83.
The above description was prepared from an actual field
survey completed on March 08, 2001 by Dana A. Exline, Ohio
Professional Surveyor #7060.
(B) Consideration for the conveyance of the real
estate
described in division (A) of this section is the conveyance from
the Jackson City Board of Education to the state (The Ohio State
University) and its successors and assigns of the following
described
real estate:
The following described tract is located in part of the
Scioto
Salt Reserve (SSR) Lots 117 and 118, Township 7 North,
Range 18
West, Lick Township, Jackson County Ohio, and being part
of the
Jackson City Schools, Board of Education's 24.118 acre
tract, as
recorded in Volume 330, at Page 333, of the Deed
Records,
Recorder's Office, Jackson County, Ohio and being more
accurately
described as follows:
Beginning at the intersection of the centerline of the
Portsmouth Branch of the B&O SW Railroad (Jackson Short Line) and
the township line between Lick and Franklin Townships, thence
South 82°18'53" East, along the township line, passing an iron pin
set at the southwest corner of SSR Lot 117 at 1439.97 feet, a
total distance of 2112.86 feet to an iron pin set and being the
TRUE POINT OF BEGINNING for the herein described tract;
Thence North 05°33'28" East, through the tract of which this
description is a part, a distance of 735.22 feet to an iron pin
set on the north line of the 24.118 acre tract;
Thence South 82°15'00" East, along the north line of the
tract of which this description is a part, a distance of 659.26
feet to an iron pin previously set on the west line of a twenty
foot wide ingress-egress easement for the Jackson County Home
Cemetery;
Thence South 07°08'47" West, along an easterly line of the
tract of which this description is a part, a distance of 308.00
feet to an iron pin previously set;
Thence South 82°18'53" East, along a boundary line of the
tract of which this description is a part passing into SSR Lot 118
at 20.00 ft, a total distance of 108.20 feet to an iron pin
previously set;
Thence South 07°08'47" West, along an easterly line of the
tract of which this description is a part, a distance of 426.00
feet to an iron pin previously set on the township line between
Lick and Franklin Townships;
Thence North 82°18'53" West, along the township line passing
an iron pin previously set for the southeast corner of SSR Lot 117
at 88.20 feet, a total distance of 747.07 feet to the point of
beginning. Containing a total of 12.000 acres. 11.137 acres are
within Scioto Salt Reserve Lot 117, and 0.863 acres are within
Scioto Salt Reserve Lot 118. All being part of Auditor's Parcel
#H120060025401;
Being subject to all legal right-of-ways and easements.
All iron pins set for this survey are 5/8" rebar (30" long)
with i.d. cap stamped "Dana Exline 7060."
A plat of survey is attached hereto and made a part hereof.
This description is valid only if the plat is attached and
recorded with it.
Bearings for this survey are rotated to ODOT plans JAC
93-13.95 recorded in Jackson County Record of Centerline Plats
Book 1, Page 83.
The above description was prepared from an actual field
survey completed on March 08, 2001 by Dana A. Exline, Ohio
Professional Surveyor #7060.
(C) The Jackson City Board of Education shall pay the
costs
of the conveyances described in divisions (A) and (B) 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 described in division (A) of this section. The
deed
shall state the consideration. The deed shall be executed by
the
Governor in the name of the state, countersigned by the
Secretary
of State, sealed with the Great Seal of the State,
presented in
the Office of the Auditor of State for recording, and
delivered to
the Jackson City Board of Education. The Jackson City
Board of
Education shall present the deed for recording in the
Office of
the Jackson County Recorder.
(E) This section shall expire one year after its effective
date.
Section 2. (A) The Governor is hereby authorized to execute
a
deed in the name of the state conveying to Delaware County, and
its
successors and assigns, all of the state's right, title, and
interest in the following described real estate: PARCEL 124-10-SHDEL-CR-124-1.60HIGHWAY EASEMENT TO REPLACEA BRIDGE AND WIDEN ROADWAY ON HOME ROAD
Situated in the State of Ohio, County of Delaware, Township
of Concord, being a part of a 180.26 acre tract of land conveyed
to the State of Ohio, as described in Deed Book 60, Page 469,
Delaware County Recorder's Office, and being more particularly
described as follows:
Being on the south side of County Road 124 (Home Road) and
being located within the following described points in the
boundary thereof:
Commencing, for reference, at an iron pin found in the
intersection of State Route 745 and County Road 124 (Home Road);
thence with the centerline of Right-of-Way of County Road
124, North 80°02'37" East a distance of 30.82 feet to a point,
thence leaving said centerline South 08°42'51" East a
distance of 30.00 feet to a point in the existing southerly
right-of-way of County Road 124, said point also being the TRUE
POINT OF BEGINNING for the easement described herein;
thence North 80°02'37" East, a distance of 1537.91 feet to a
point at Roadway Station 25+70.35, 11.58' Right;
thence South 16°06'08" East, a distance of 88.94 feet to a
point at Roadway Station 25+80.23, 100.00' Right;
thence South 80°02'11" West, a distance of 664.86 feet to a
point at Roadway Station 19+15.00, 100.00' Right;
thence North 65°05'45" West, a distance of 80.67 feet to a
point at Roadway Station 18+50.00, 55.00' Right;
thence South 81°17'09" West, a distance of 93.00 feet to a
point at Roadway Station 17+57.00, 55.00' Right;
thence South 08°42'51" East, a distance of 25.00 feet to a
point at Roadway Station 17+57.00, 80.00' Right;
thence South 81°17'09" West, a distance of 57.00 feet to a
point at Roadway Station 17+00.00, 80.00' Right;
thence North 08°42'51" West, a distance of 20.00 feet to a
point at Roadway Station 17+00.00, 60.00' Right;
thence South 81°17'09" West, a distance of 140.00 feet to a
point at Roadway Station 15+60.00, 60.00' Right;
thence North 08°42'51" West, a distance of 5.00 feet to a
point at Roadway Station 15+60.00, 55.00' Right;
thence South 81°17'09" West, a distance of 525.86 feet to a
point at Roadway Station 10+34.46, 55.00' Right;
thence North 11°30'28" West, a distance of 24.72 feet to the
TRUE POINT OF BEGINNING at Roadway Station 10+32.94, 30.31' Right.
The above described area is a part of Auditor's Permanent
Parcel Number 60024003007000. Within said bounds of Parcel
124-10-SH is 2.117 acres, more or less, and subject to all other
easements of record.
This description was prepared by Burgess
& Niple, under the
direction of S. Patrick Mills, Registered Professional Surveyor
Number 7158.
The basis of bearings in this description are based on the
Ohio State Plane Coordinate System, North Zone.
The stations referred to herein are based on construction
plans for replacement of structure number 2130998.
(B) Consideration for the conveyance of the real estate
described in division (A) of this section is the purchase price of
$20,074.00. Proceeds from the sale of this real estate shall be
deposited in the state treasury to the credit of the Department of
Youth Services Building Development Fund.
(C) Delaware County shall pay the costs of the
conveyance of
the real estate described in division (A) of this section.
(D) 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 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 Delaware County. Delaware County
shall present the deed for recording in the Office of the Delaware
County Recorder.
(E) This section shall expire one year after its effective
date.
Section 3. (A) The Governor is hereby authorized to execute
a deed in the name of the state conveying to the Board of Trustees
of the Hocking Technical College, 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 Perry, Township of
Harrison, Twp. 14, Range 14, Section 9, bounded and described as
follows:
Starting at the center of section; thence North 83°51'56"
West 420.69 feet to an iron pin; thence South 5°13'04" West 233.22
feet to an iron pin; thence South 7°58'04" West 382.54 feet to an
iron pin; thence South 83°27'16" East 313.50 feet to an iron pin;
thence South 6°32'44" West 33.0 feet to an iron pin; thence South
83°27'16" East 20.0 feet to an iron pin; thence North 6°32'44"
East 33.0 feet to an iron pin; thence South 83°27'16" East 248.72
feet to an iron pin; thence South 5°45'44" West 136.88 feet to an
iron pin; thence North 84°14'16" West 38.49 feet to a concrete
monument at the place of beginning; South 84°14'16" West 770.63
feet to a concrete monument; thence South 5°47'42" West 1417.03
feet to a concrete monument on State Highway Number 93 right of
way; thence along said right of way North 43°52'44" East 1312.63
feet to an iron pin at the intersection of State Highway 75 right
of way; thence North 5°45'44" East 201.0 feet to a concrete
monument; thence North 30°14'16" West 65.48 feet to a concrete
monument; thence North 5°45'44" East 130.0 feet to a concrete
monument the place of beginning containing 16.62 acres more or
less.
(B) Consideration for the conveyance of the real estate
described in division (A) of this section is one dollar and other
valuable consideration.
(C) The Board of Trustees of the Hocking Technical College
shall pay the costs of the conveyance of the real estate described
in division (A) of this section.
(D) Upon the payment of the consideration 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 described in division (A) of this section. The deed
shall state the consideration. The deed shall be executed by the
Governor in the name of the state, countersigned by the Secretary
of State, sealed with the Great Seal of the State, presented in
the Office of the Auditor of State for recording, and delivered to
the Board of Trustees of the Hocking Technical College. The Board
of Trustees of the Hocking Technical College shall present the
deed for recording in the Office of the Perry County Recorder.
(E) This section shall expire one year after its effective
date.
Section 4. (A) This section is remedial, with its purpose
being to remedy an error in Amended Substitute Senate No. 250,
passed by the 123rd General Assembly on May 24, 2000, approved by
the Governor on June 21, 2000, and effective on June 21, 2000, by
adding language that was removed erroneously from the original
legal description for the parcel of real estate designated as
"Parcel No. 3" in Section 12 of that act that authorized the
conveyance of property the Adjutant General determined was no
longer needed for armory or military purposes. The legal
description contained in that act was erroneous because it did not
reflect an easement which, instead of being reserved to the
original grantor, was actually a part of the original grant of
land to the State of Ohio, Adjutant General's Department. Thus,
the Adjutant General's Department could not properly transfer all
of the land it was originally granted. The purpose of this section
is to authorize the conveyance of the property located in Scioto
County, Ohio, using the description contained in Amended
Substitute Senate Bill No. 250 of the 123rd General Assembly, with
the addition of the description of the easement for ingress and
egress to the property, originally granted to the State of Ohio.
(B) Pursuant to section 5911.10 of the Revised Code, the
Governor is hereby authorized to execute a deed in the name of the
state conveying to C-FORCE, Inc., its successors and assigns, all
of the state's right, title, and interest in the following
described parcels of real estate and improvements on them that the
Adjutant General has determined are no longer required for armory
or military purposes, that are located in Scioto County, and that
are known as the Portsmouth Armory, motor vehicle storage
building, and organizational maintenance shop:
"Parcel No. 3 - Portsmouth Armory property - Previous Deed
Reference: Volume 380, Page 598, Scioto County Deed Record -
Situated in the City of Portsmouth, County of Scioto and
State of
Ohio (Formerly in Clay Township), to-wit: Beginning at a
point in
the north property line of 17th Street, said point being
Two
Hundred Ten Feet (210 ft.) east of the center line of High
Street;
said point being also Fifty Feet (50 ft.) east of the
first alley
east of High Street; thence in a northwardly direction
parallel to
the east property line of the first alley east of High
Street with
a line bearing North 5 deg. 30 min, east 450 feet to a
point;
thence in an eastwardly direction parallel to the north
property
line of 17th Street with a line bearing South 85 deg. 17
min. East
231 feet, more or less, to a point on the east property
line of a
3.98 acre tract of the Grantor herein; thence in a
southwardly
direction with the east line of said tract and bearing
South 2
deg. 12 min. West, 158 feet more or less, to a corner of
said
tract; thence in an eastwardly direction with the lines of
said
tract as follows:- South 86 deg. 54 min. East, 152.4 feet to
a
point; thence in a southwardly direction with a line bearing
South
2 deg., 53 min. West, 294 feet to a point; said point being
in the
north property line of 17th Street; thence in a westwardly
direction with the north property line of 17th Street, North 85
deg. 17 min. West, 400.4 feet to the point of beginning,
containing 3.508 acres more or less, and being 3.147 acres off the
3.93 acre tract, known as the "First Tract," and 0.361 acres off
the 1.715 acres tract known as the "Second Tract," in a deed made
to Grantors herein, by Johnson and Duis Inc., dated July 1, 1938,
and recorded in Deed Book 236, Page 291 of Scioto County Record of
Deeds.
Together with an easement as means of ingress and egress to
said
premises from the first alley east of High Street in said
city
over the following described premises, to-wit:
Beginning at a point in the east property line of the first
alley
east of High Street, said point bearing North 5 deg., 30
min. East
450 feet North of the intersection of the east property
line of
the first alley east of High Street, with the north
property line
of 17th Street; thence in an eastwardly direction
with a line
bearing South 85 deg., 17 min. East, 50 feet to a
point; said
point being also the northwest corner of a tract
herein conveyed
to the City of Portsmouth, Ohio, for Armory
Purposes; thence in a
southwardly direction with the west line of
said tract and
parallel to the east property line of the first
alley easy of High
Street; South 5 deg., 30 min. West, 30 feet to
a point; thence in
a westwardly direction with a line bearing
North 85 deg., 17 min.
West, 50 feet to a point in the east
property line of aforesaid
alley; thence in a northwardly
direction with the east line of the
aforesaid alley North 5 deg., 30
min. east, 30 feet to the point
of beginning containing 0.0344
acres more or less."
(C) The Adjutant General's Department had the real estate
described in division (B) of this section appraised, and the
appraised value was determined to be $235,000.00. The Adjutant
General offered the real estate for sale as follows:
(1) To the City of Portsmouth at the appraised value. This
offer was declined.
(2) To the Board of County Commissioners of Scioto County at
the appraised value. This offer was declined.
(3) A public auction was then held on August 29, 2001, at
which time came Mr. Ted Hartley, President of C-FORCE, Inc., who
bid $170,000.00 and who was declared to be the highest bidder.
C-FORCE, Inc. deposited ten per cent of the purchase price by
certified check on the date of the action, and the balance will be
paid following legislative correction of the legal description.
(D) The grantee shall pay the costs of the conveyance of the
real
estate described in division (B) of this section.
(E) The net proceeds of the conveyance of the real estate
described in division (B) of this section shall be deposited in
the state treasury to the credit of the Armory Improvements Fund
pursuant to section 5911.10 of the Revised Code.
(F) 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 division (B) of this section. The
deed shall state the consideration. The deed shall be executed by
the Governor, countersigned by the Secretary of State, sealed with
the Great Seal of the State, presented to the Office of the
Auditor of State for recording, and delivered to C-FORCE, Inc.,
which shall present the deed for recording in the Office of the
Scioto County Recorder.
(G) This section shall expire five years after its
effective
date.
Section 5. (A) The Governor or the Governor's designee is
hereby
authorized to execute and deliver bills of sale and other
instruments of conveyance in the name of the state providing for
the conveyance and transfer of ownership to the Board of County
Commissioners of Logan County, and its successors and assigns, of
all
right, title, and interest of the State of Ohio and its
agencies,
institutions, and instrumentalities to all of the
personal
property owned by the State of Ohio, including, without
limitation,
all machinery, equipment, furniture, fixtures, sewer
lines and
apparatus, tangibles and intangibles, and contract
rights, if any,
located at or used in connection with the Flat
Branch Sewage
Treatment Plant. (B) The Governor or the Governor's designee is hereby
authorized on behalf of the State of Ohio and its agencies,
institutions, and instrumentalities to enter into such further
agreements and take such actions, by self or by or through
appropriate state agencies, institutions, or instrumentalities, as
may be required or appropriate to carry out the conveyances and
transfers provided for in division (A) of this section. (C) Consideration for the conveyance and transfer of the
personal
property described in division (A) of this section is the
mutual benefit
accruing to the State of Ohio and to Logan County
by having the
Board of County Commissioners of Logan County
operate the Flat
Branch Sewage Treatment Plant, which enables the
extension of
sewer services to additional residents and businesses
of Logan
County. (D) The Board of County Commissioners of Logan County
shall
pay the costs of the conveyance and transfers of the personal
property described in division (A) of this section. (E) This section expires one year after its effective
date.
Section 6. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reasons for such necessity are that
immediate action is necessary to enable the Jackson City Board of
Education to begin construction on an urgently needed new school
building, to enable Delaware County to begin construction on an
urgently needed bridge, and to correct a legal description in a
previous conveyance of real property that
the Adjutant General
determined was no longer needed for armory or
military purposes.
Therefore, this act shall go into immediate
effect.
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