130th Ohio General Assembly
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Sub. H. B. No. 473As Reported by the Senate Judiciary--Civil Justice Committee
As Reported by the Senate Judiciary--Civil Justice Committee

124th General Assembly
Regular Session
2001-2002
Sub. H. B. No. 473


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, to authorize the conveyance of two parcels of state-owned real estate in Franklin County to the City of Columbus, 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:
Parcel 1
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.
Parcel 2
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-SH
DEL-CR-124-1.60
HIGHWAY EASEMENT TO REPLACE
A 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 Demolition 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 Bill 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 and through the Governor's office, or by and 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. (A) The Governor is hereby authorized to execute a deed in the name of the state conveying to the City of Columbus in Franklin County and its successors and assigns all of the state's right, title, and interest in the following described real estate:
Parcel 1, which consists of two tracts of real estate:
Tract 1 (20.098 acres)
Situated in the State of Ohio, County of Franklin, and in the City of Columbus, located in Virginia Military Survey No. 2668, and being part of a 300 acre tract conveyed to the State of Ohio in Deed Book 101, Page 390, Franklin County Recorder's Office, and being shown in Exhibit "A" attached hereto and made a part hereof, and being more particularly described as follows:
Beginning for reference at an iron pin found at the intersection of northerly right of way line of West Broad Street (80 feet in width) and the easterly right of way line of Wheatland Avenue (40 feet in width);
thence N 09°14'48" W, along the easterly right of way line of said Wheatland Avenue, a distance of 502.10 feet to an iron pin set, said iron pin being the True Point of Beginning of herein described tract, passing an iron pin found at 251.05 feet;
thence N 09°14'48" W, along the easterly right of way line of said Wheatland Avenue, a distance of 1810.12 feet to an iron pin set;
thence N 77°17'50" E, along an existing fence, a distance of 108.55 feet to a point;
thence N 85°16'59" E, along an existing fence, a distance of 273.91 feet to a point;
thence N 89°00'05" E, along an existing fence, a distance of 111.16 feet to an iron pin set;
thence S 09°14'48" E, a distance of 1121.50 feet to an iron pin set at the northwesterly corner of a buffer zone to the Central Ohio Psychiatric Hospital;
thence S 04°09'22" E, along the westerly line of said buffer zone to the Central Ohio Psychiatric Hospital, a distance of 699.77 feet to an iron pin set;
thence S 86°00'00" W, a distance of 431.14 feet to the True Point of Beginning, containing 20.098 acres, more or less, subject to all rights of way, easements, and restrictions of record.
Basis of bearing is the northerly right of way line of West Broad Street being N 86°00'00" E, as shown in Plat Book 4, Page 326, Recorder's Office, Franklin County, Ohio.
Tract 2 (2.410 acres)
Situated in the State of Ohio, County of Franklin, and in the City of Columbus, located in Virginia Military Survey No. 2668, and being part of a 300 acre tract conveyed to the State of Ohio in Deed Book 101, Page 390, Franklin County Recorder's Office, and being shown in Exhibit "A" attached hereto and made a part hereof, and being more particularly described as follows:
Beginning for reference at an iron pin found at the intersection of northerly right of way line of West Broad Street (80 feet in width) and the easterly right of way line of Wheatland Avenue (40 feet in width);
thence N 09°14'48" W, along the easterly right of way line of said Wheatland Avenue, a distance of 251.05 feet to an iron pin found marking the northwesterly corner of a 0.865 acre tract conveyed to the City of Columbus as recorded in Official Record 19320 E14, said iron pin being the True Point of Beginning of herein described tract;
thence N 09°14'48" W, along the easterly right of way line of said Wheatland Avenue, a distance of 251.05 feet to an iron pin set;
thence N 86°00'00" E, a distance of 431.14 feet to an iron pin set in the westerly line of a buffer zone to the Central Ohio Psychiatric Hospital;
thence S 04°09'22" E, along the westerly line of said buffer zone to the Central Ohio Psychiatric Hospital, a distance of 250.00 feet to an iron pin set in the northerly line of a 1.435 acre tract of land in lease between the State of Ohio and the City of Columbus, described in State of Ohio Lease File No. 5020, and recorded in Official Record 19320 E18;
thence S 86°00'00" W, along the northerly line of said 1.435 acre tract and said 0.865 acre tract, a distance of 408.86 feet to the True Point of Beginning, containing 2.410 acres, more or less, subject to all rights of way, easements, and restrictions of record.
Basis of bearing is the northerly right of way line of West Broad Street being N 86°00'00" E, as shown in Plat Book 4, Page 326, Recorder's Office, Franklin County, Ohio.
(B) Consideration for conveyance of the real estate described in division (A) of this section is a purchase price of $450,000.00, to be paid to the state on the date of closing pursuant to terms specified in a document entitled "Offer to Purchase Real Estate," executed by the Director of Administrative Services and the City of Columbus.
(C) The real estate described in division (A) of this section is conveyed on the following conditions:
(1) That the City of Columbus accept the real estate, and the improvements and chattels on the real estate, "as is," in its present condition;
(2) That the City of Columbus develop the real estate implementing a land use design that will preserve a "buffer zone" area between any improvements and adjacent state-owned facilities east of the real estate. The Director of Administrative Services shall review the plans for the land use design required by this division. No construction on the real estate may commence unless the Director approves the plans. The Director shall not unreasonably withhold approval of the plans.
(D) Within 90 days after the effective date of this act, 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 and the conditions of the conveyance. 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, upon payment of the purchase price, delivered to the City of Columbus. The City of Columbus shall present the deed for recording in the Office of the Franklin County Recorder.
(E) The City of Columbus shall pay all costs of the conveyance of the real estate described in division (A) of this section, including the recordation costs of the Governor's Deed.
(F) This section expires one year after its effective date.
Section 7. (A) The Governor is hereby authorized to execute a deed in the name of the state conveying to the City of Columbus in Franklin County and its successors and assigns all of the state's right, title, and interest in the following described real estate:
Situated in the City of Columbus, County of Franklin, State of Ohio, and being a part of Lots 1 and 2 of George H. Distelhorst's Subdivision of Record, in Plat Book 5, Page 104, Franklin County Recorder's Office and being more particularly described as follows:
Beginning at an iron pin in the existing easterly right of way line for Harmon Avenue, same being the southwesterly corner of the aforementioned Lot 2, also being the northwesterly corner of a 2.305 acre tract now or formerly owned by Kreber Land Development Company (Deed Book 3225, Page 489);
thence North 14 degrees 47 minutes 20 seconds West, a distance of 150.55 feet along the easterly right of way line for Harmon Avenue and the westerly line of Lot 2, to an iron pin;
thence leaving said lot line and right of way line North 71 degrees 39 minutes 19 seconds East, a distance of 180.00 feet a P.K. nail;
thence North 14 degrees 47 minutes 20 seconds West, a distance of 151.00 feet another P.K. nail set on the northerly line of Lot 2, same also being the line common to Lots 1 and 2 of Distelhorst's Subdivision;
thence along said lot line South 71 degrees 39 minutes 19 seconds West, a distance of 180.00 feet to an iron pin in the aforementioned easterly right of way line for Harmon Avenue and the northwesterly corner of Lot 2, same being the southwesterly corner of Lot 1;
thence along said easterly right of way line for Harmon Avenue and the westerly line for Lot 1 North 14 degrees 47 minutes 20 seconds West, a distance of 45.00 feet to a point;
thence along a new line North 71 degrees 39 minutes 19 seconds East, a distance of 328.24 feet to a point on the westerly existing limited access right of way for Interstate 71 as acquired in conjunction with Interstate 70, Section 12.31S, said point being 66.36 feet right of the centerline for Road "CB" station 502 + 45.58, said centerline stations shaven on the centerline survey plat for Interstate Route 70, Section 12.31S of record in Plat Book 44, Page 4, Franklin County Recorder's Office;
thence along said existing limited access right of way line South 40 degrees 39 minutes 38 seconds East, a total distance of 204.78 feet to an iron pin at an angle point passing the line common to Lots 1 and 2 at a distance of 48.55 feet;
thence continuing along said limited access line South 44 degrees 11 minutes 08 seconds East, a distance of 172.36 feet to an iron pin set in concrete (bent), said point being in the southerly line of said Lot 2 and in the northeasterly corner of the aforementioned Kreber Land Development Company 2.305 acre tract;
thence along said southerly line of Lot 2 and the northerly line of the Kreber Land Development Company tract, south 71 degrees 30 minutes 20 seconds West, a distance of 502.62 feet to the place of beginning, containing 2.645 acres, more or less.
(B) Consideration for conveyance of the real estate described in division (A) of this section is a purchase price of $93,000.00, the appraised value of the real estate.
(C) The conveyance of the real estate described in division (A) of this section is subject to the following conditions:
(1) That the City of Columbus accepts the real estate, and the improvements and chattels on the real estate, "as is," in its present condition;
(2) That the conveyance be pursuant to terms specified in a document entitled "Offer to Purchase," executed by the Director of Administrative Services and the City of Columbus;
(3) That, prior to the conveyance, the City of Columbus present the legal description of the real estate described in division (A) of this section to the Office of the Franklin County Engineer for approval. If the Office of the Franklin County Engineer determines that the legal description is not adequate for transfer purposes, the City of Columbus shall prepare, at its own expense, a legal description of the real estate that is acceptable to the Office of the Franklin County Engineer.
(D) Within 90 days after the effective date of this act, upon presentation of a legal description approved by the Office of the Franklin County Engineer, 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 using the legal description approved by the Office of the Franklin County Engineer. The deed shall state the consideration and the conditions of the conveyance. 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, upon payment of the purchase price, delivered to the City of Columbus. The City of Columbus shall present the deed for recording in the Office of the Franklin County Recorder.
(E) The City of Columbus shall pay all costs of the conveyance of the real estate described in division (A) of this section, including the recordation costs of the Governor's Deed.
(F) This section expires one year after its effective date.
Section 8. 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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