130th Ohio General Assembly
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(124th General Assembly)
(Amended Substitute House Bill Number 507)



AN ACT
To authorize the conveyance of two parcels of state-owned real estate located in Guernsey County, one parcel to Cambridge Township and the other parcel to Cambridge Township, the City of Cambridge, Guernsey County, the Guernsey County Port Authority, and the Cambridge-Guernsey County Improvement Corporation as joint tenants; and to authorize the conveyance of two parcels of state-owned real estate located in Summit County to the Nordonia Hills City School District.

Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. (A) The Governor is hereby authorized to execute two deeds in the name of the state as follows: (1) the first conveying to Cambridge Township, the City of Cambridge, Guernsey County, the Guernsey County Port Authority, and the Cambridge-Guernsey County Improvement Corporation, and their successors and assigns, as joint tenants, all of the state's right, title, and interest in the real estate described in division (A) of Section 1 of this act as Parcel One, and (2) the second conveying to Cambridge Township and its successors and assigns all of the state's right, title, and interest in the real estate described in division (A) of Section 1 of this act as Parcel Two:

Parcel One

Situated in the Township of Cambridge, County of Guernsey, State of Ohio and being 62.554 acres in the northwest and southwest quarters of section 3 of Township 2 north Range 3 west of the United States Military District and being more particularly described as follows,

BEGINNING at a magnail/flasher set in County road 35 at the northeast corner of the southwest quarter of said section 3 thence with said County road and with the lands of James H and Mary E Thorn as recorded in deed volume 365 page 930 and the lands of William J Craft as recorded in official records volume 49 page 906 the next two calls,

1) S 01° 40' 04" W a distance of 536.21 feet to a point, said point being referenced by an iron pin set which bears N 88° 53' 11" W a distance of 20.00 feet.

2) thence with a curve to the right having the following properties, Delta = 32° 12' 34", Radius = 572.96 feet and a chord that bears S 17° 13' 06" W a distance of 317.87 feet to a point, said point being referenced by an iron pin set which bears N 56° 40' 37" W a distance of 40.00 feet thence continuing with said county road and with the lands of James A. and Laurie J Endly as recorded in Official Records Volume 107 page 857 S 35° 58' 38" W a distance of 221.14 feet to a point, said point being referenced by an iron pin set which bears N 59° 19' 42" W a distance of 40.00 feet thence continuing with said county road and with the lands of Larry J. Sr. and Thelma Burt as recorded in Deed Volume 372 page 884 and with the lands of Robert S. and Violet J. Goddard as recorded in official records volume 93 page 404 the next two calls,

1) thence with a curve to the left having the following properties, Delta = 86° 40' 41", Radius = 197.00 feet and a chord that bears S 12° 40' 03" E a distance of 270.41 feet to a point, said point being referenced by an iron pin set which bears S 33° 59' 37" W a distance of 20.00 feet

2) S 51° 30' 23" E a distance of 182.13 feet to a point thence leaving said road and with the lands of Warren D. and Janesa M. High as recorded in Official Records Volume 31 page 218 the next two calls.

1) S 01° 37' 08" W a distance of 902.56 feet to a 5/8 inch capped rebar found having passed through a 5/8 inch capped rebar found at 40.60 feet.

2) S 01° 37' 08" W a distance of 400.00 feet to a point on the north bank of Wills Creek thence with the north bank of said Wills Creek and with the lands of Luetta Mae and Joseph T. Goggin as recorded in Official Records Volume 85 page 199 the next three calls,

1) N 35° 18' 52" W a distance of 678.76 feet to a point.

2) N 18° 55' 52" W a distance of 307.51 feet to a point.

3) N 04° 21' 52" W a distance of 478.84 feet to a point thence continuing with the lands of said Goggin and with a line in said Wills Creek N 59° 55' 02" W a distance of 1382.71 feet to a point thence leaving said creek and with a line through the lands of The State of Ohio as recorded in deed volume 215 page 522 the next seven calls,

1) N 27° 22' 08" E a distance of 100.00 feet to a 5/8 inch rebar found capped "USA781WR"

2) N 38° 42' 39" E a distance of 447.15 feet to an iron pin set.

3) N 01° 22' 17" E a distance of 280.00 feet to a magnail set in the center of a private paved road having passed through an iron pin set at 260.00 feet.

4) N 88° 37' 43" W a distance of 55.00 feet to a magnail set in the center of a private paved road.

5) N 01° 30' 00" E a distance of 266.59 feet to a magnail set in the center of a private paved road.

6) S 88° 38' 06" E a distance of 620.16 feet to a magnail set in the center of a private paved road.

7) S 88° 38' 06" E a distance of 905.48 feet to a point in county road 35 having passed through iron pins set at 300.00 feet and 855.48 feet thence with a line in said county road and with the lands of Jack D. McWilliams as recorded in Deed Volume 277 page 633 S 02° 07' 52" W a distance of 266.78 feet to the BEGINNING and containing 62.554 acres and being a part of the property conveyed to the State of Ohio in Deed Volume 215 page 522. 9.331 acres being in said northwest quarter and 53.223 acres being in said southwest quarter.

Subject to all leases or easements of record. Iron pins set are 5/8 inch rebar, 30 inches long capped "GARDNER PS-6884". Bearings are true and are based on a solar observation. A survey of the above described property was made on October 19, 1998 by Steven L. Gardner, registered surveyor #6884.

Parcel Two

Situated in the Township of Cambridge, County of Guernsey, State of Ohio and being 15.842 acres in the southwest quarter of section 3 of Township 2 north Range 3 west of the United States Military District and being more particularly described as follows,

Commencing at a magnail/flasher set in County road 35 at the northeast corner of the southwest quarter of said section 3 thence N 88° 37' 43" W a distance of 1467.70 feet to a magnail set in a private road the BEGINNING thence with a line through the lands of The State of Ohio as recorded in Deed Volume 215 page 522 the next three calls,

1) S 01° 22' 17" W a distance of 280.00 feet to an iron pin set having passed through an iron pin set at 20.00 feet.

2) S 38° 42' 39" W a distance of 447.15 feet to a 5/8 inch rebar found capped "USA781WR"

3) S 27° 22' 08" W a distance of 100.00 feet to a point in Wills Creek thence with a line in said Wills Creek and with the lands of Luetta Mae and Joseph T. Goggin as recorded in Official Records Volume 85 page 199 the next two calls,

1) N 69° 11' 17" W a distance of 573.29 feet to a point said point being referenced by an iron pin set which bears N 16° 13' 06" E a distance of 59.52 feet.

2) N 78° 10' 52" W a distance of 402.96 feet to a point thence leaving said creek and with the west line of said southwest quarter N 02° 21' 33" E a distance of 461.58 feet to a magnail set in the center of a private road having passed through iron pins set at 31.58 feet and 441.58 feet thence with the center of said private road the next two calls,

1) S 88° 37' 43" E a distance of 1188.97 feet to a magnail set.

2) S 88° 37' 43" E a distance of 55.00 feet to the BEGINNING and containing 15.842 acres and being a part of the property conveyed to the State of Ohio in Deed Volume 215 page 522.

Subject to all leases or easements of record. Iron pins set are 5/8 inch rebar, 30 inches long capped "GARDNER PS-6884". Bearings are true and are based on a solar observation. A survey of the above described property was made on October 19, 1998 by Steven L. Gardner, registered surveyor #6884.

(B) Consideration for the conveyance of the real estate described as Parcel One in division (A) of Section 1 of this act is $50,175.00, to be paid by the City of Cambridge in accordance with the Memorandum of Agreement entered into on March 22, 2002, by the State of Ohio, Department of Mental Health; Cambridge Township; and the Consortium of the City of Cambridge, the Guernsey County Commissioners, the Guernsey County Port Authority, and the Cambridge-Guernsey County Community Improvement Corportation, as it may be amended from time to time by agreement of all of the parties. Consideration for the conveyance of the real estate described as Parcel Two in division (A) of Section 1 of this act is $55,000.00, to be paid by providing services in accordance with the same Memorandum of Agreement, as it may be amended from time to time by agreement of all of the parties.

(C) Cambridge Township shall pay the costs of the conveyance of the real estate described in division (A) of Section 1 of this act.

(D) Within one year after the effective date of this section, and upon payment of any cash portion of the purchase price, the Auditor of State, with the assistance of the Attorney General, shall prepare the deeds to the real estate described in division (A) of Section 1 of this act. One deed shall be for the conveyance to Cambridge Township, the City of Cambridge, Guernsey County, the Guernsey County Port Authority, and the Cambridge-Guernsey County Improvement Corporation, as joint tenants, of the real estate described as Parcel One in division (A) of Section 1 of this act, and the other deed shall be for the conveyance to Cambridge Township of the real estate described as Parcel Two in division (A) of Section 1 of this act. The deeds shall state the consideration. The deeds 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 grantees. The grantees shall present the deeds for recording in the Office of the Guernsey County Recorder.

SECTION 2. (A) The Governor is hereby authorized to execute a deed in the name of the state conveying to the Nordonia Hills City School District and its successors and assigns all of the state's right, title, and interest in the real estate described in division (A) of Section 2 of this act as Parcels Three and Four:

Parcel Three

Situated in the State of Ohio, County of Summit, Township of Sagamore Hills, being part of original Northfield Township Lot 71 further bounded and described as follows:

Beginning at an iron pin, found in a monument box in the centerline intersection of Dunham Road (C.H. 150, 50' R/W) with the centerline of Sagamore Road (C.H. 1 60' R/W);

Thence, S 20°00'17" W, along the centerline of Dunham Road, 421.55 feet to a 5/8" capped rebar found;

Thence, S 07°18'35" E, continuing along the centerline of Dunham Road, 680.00 feet to the True Place of Beginning for the parcel being described herein;

Thence, S 07°18'35" E, continuing along said centerline, 196.62 feet to a 5/8" capped rebar found;

Thence, S 16°28'49" E, continuing along said centerline, 387.42 feet to the northeast corner of land described in deed to A.L. and H.L. Heiser by Deed Volume 5219, Page 356 of Summit county Records of Deeds;

Thence, S 88°02'42" W, leaving said centerline, along the north line of said Heiser lands, passing thru a 5/8" capped rebar found at 25.65 feet, a total distance of 725.71 feet to a 2" pipe found;

Thence, S 89°24'12" W, 255.92 feet to a 5/8" capped rebar set;

Thence, N 00°13'54" W, 594.57 feet to a 5/8" capped rebar set in the south line of Sagamore Sites allotment as recorded in Plat Book 47, Page 128 of Summit County Records of Plats;

Thence, S 89°57'29" E, along the south line of the platted lands and the south line of lands deeded to J.A. Haffner, S.R., passing thru a 1" pinch pipe found at 823.53 feet. A total distance of 848.68 feet to the True Place of Beginning and containing 12.126 acres of land but subject to all legal highways, easements, and restrictions as surveyed by Robert J. Warner, P.S., Number 6931 for Environmental Design Group, Inc. in July 1996.

The Basis of Bearings for the above described parcel is grid north, Ohio State Plane Coordinate System, North Zone.

Parcel Four

Situated in the State of Ohio, County of Summit, Township of Sagamore Hills, being part of original Northfield Township Lots 71 and 81, further bounded and described as follows:

Commencing for reference at an iron pin in a monument box found in the centerline intersection of Dunham Road (C.H. 150, 50'R/W) with the centerline of Sagamore Road (C.H. 1 60' R/W), said iron pin being on the north line of said Lot 71;

Thence, S 89°59'03" W, along the centerline of Sagamore Road and the North line of said Lot 71, 969.08 feet to an iron pin in a monument box found;

Thence, S 89°59'20" W, continuing along said centerline and lot line, 728.61 feet to a point at the northwest corner of land described in deed to Ernice A Bardoun by Deed Volume 6855, Page 766 of Summit County Records of Deeds and the True Place of Beginning for the parcel being described herein;

Thence, S 00°00'40" E, leaving said centerline, along the west line of said Bardoun lands and passing through a ½" pin found at 29.88 feet, a total distance of 350.00 feet to a 5/8" capped rebar set at the southwesterly corner thereof and northerly line of Sagamore Sites as recorded in Plat Book 47, Page 128 of Summit County Records; Thence, S 89°50'45" W, along the north line of said platted lands, 133.18 feet to a point at the northwesterly corner thereof. Said point being witnessed by a 3/4" iron pipe found S 05°09'19" E, 0.33 feet;

Thence, S 01°25'09" E, along the west line of said platted lands, 718.76 feet to a 5/8" capped rebar set the southwest corner thereof;

Thence, S 89°57'29" E, along the south line of said platted lands, 906.62 feet to a 5/8" capped rebar set;

Thence, S 00°13'54" E, leaving the south line of the platted lands, 594.57 feet to a 5/8" capped rebar set;

Thence, N 89°24'12" E, 255.92 feet to a 2" iron pipe found at the northwest corner of land described in deed to A.L. Hieser by Deed Volume 5219, Page 356 of Summit County Records of deeds;

Thence, S 01°30'59" E, along the west line of said Hieser lands described in deed to V.R. Lalli by Deed Volume 7233, Page 422 of Summit County Records of Deeds, and the west line of Highview Acres Subdivision as recorded in Plat Book 60, Page 5 of Summit County Records of Plats, 925.15 feet to a 2" lead filled pipe found at the southwest corner of said subdivision and the northerly line of land described in deed to Janet S. Casto by Official Record 113, Page 705 of Summit County Records;

Thence, S 89°39'16" W, along the north line of said Casto lands and the north line of Towpath Park as recorded in Plat Cabinet K, Page 650 of Summit County Records of Plats 1151.67 feet to a 5/8" rebar found at the northwest corner thereof and the southwest corner of said Lot 71;

Thence, S 89°23'57" W, along the south line of original Lot 81 and the north line of lands described in deed to H.J. and I. Donzalski by Deed Volume 3304, Page 142 of Summit County Records of Deeds; 804.06 feet to a 5/8" capped rebar set on the easterly line of land described in deed to The Cleveland Electric Illuminating Company by Deed Volume 4957, Page 235 of Summit County Records of Deeds;

Thence, N 01°11'42" W, leaving the south line of lot 81, continuing along the easterly line of said C.E.I. lands, 1407.14 feet to a point;

Thence, N 11°09'15" E, continuing along said C.E.I. lands, 1217.70 feet to the centerline of Sagamore Road and the north line of said Lot 81;

Thence, N 89°59'20" E, along said centerline 675.34 feet to the True Place of Beginning and containing 81.947 acres of land but subject to all legal highways easements and restrictions if any as surveyed by Robert J. Warner, P.S., Number 6931 for Environmental Design Group, Inc. in August of 1996.

The Basis of Bearings for the above described parcel is grid north of the Ohio State plane coordinate system, north zone.

(B) Consideration for the conveyance of both parcels of the real estate described in division (A) of Section 2 of this act is $1,100,000.00, payable as follows: $400,000.00 payable at closing, $100,000.00 payable not later than twelve months after closing, $300,000.00 payable not later than eighteen months after closing, and $300,000.00 payable not later than twenty-four months after closing.

(C) The Nordonia Hills City School District shall pay the costs of the conveyance of the real estate described in division (A) of Section 2 of this act.

(D) Upon the receipt of the initial cash payment in accordance with division (B) of Section 2 of this act, the Auditor of State, with the assistance of the Attorney General, shall prepare the deed to the real estate described in division (A) of Section 2 of this act. The deed shall state the consideration. The deed shall be executed by the Governor in the name of the state, countersigned by the Secretary of State, sealed with the Great Seal of the State, presented in the Office of the Auditor of State for recording, and delivered to the grantee. The grantee shall present the deed for recording in the Office of the Summit County Recorder.

(E) There shall be reserved to the State of Ohio for the amount of unpaid consideration described in division (B) of Section 2 of this act a vendor's lien in and to both parcels of real estate being conveyed by, and described in division (A) of, Section 2 of this act.

SECTION 3.  This act shall expire one year after its effective date.

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