The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
(124th General Assembly)
(Amended Substitute Senate Bill Number 164)
AN ACT
To amend sections
145.01, 742.01, 1751.54, 3307.01,
3309.01,
5505.01, and 5923.05
and to enact section
5923.051
of the Revised Code to provide for
the
payment of
specified compensation to certain public
employees
called to active duty for more than 31
days; to
require public
employers, under group
policies,
contracts, and plans, to continue
the
health
benefit coverage of employees called to
active
duty;
to authorize, in accordance with the act, the
conveyance of specified state-owned real estate
located in the counties of Butler, Cuyahoga,
Delaware, Franklin,
Hamilton, Lorain, Madison,
Medina, and Ross; and to
declare an emergency.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 145.01, 742.01, 1751.54, 3307.01, 3309.01, 5505.01, and 5923.05 be amended and section 5923.051 of the Revised Code be enacted to read as follows:
Sec. 145.01. As used in this chapter: (A) "Public employee" means: (1) Any person holding an office, not elective, under the
state or any
county, township, municipal corporation, park
district, conservancy district,
sanitary district, health
district, metropolitan housing authority, state
retirement board,
Ohio historical society, public library, county law library,
union
cemetery, joint hospital, institutional commissary, state
university, or
board, bureau, commission, council, committee,
authority, or administrative
body as the same are, or have been,
created by action of the general assembly
or by the legislative
authority of any of the units of local government named
in
division (A)(1) of this section, or employed and
paid in whole or
in part by the state or any
of the authorities named in division
(A)(1) of this
section in any capacity not covered by
section
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code. (2) A person who is a member of the public employees
retirement system
and who
continues to perform the same or similar
duties under the direction of a
contractor who has contracted to
take over what before the date of the
contract was a publicly
operated function. The governmental unit with which
the contract
has been made shall be deemed the employer for the purposes of
administering this chapter. (3) Any person who is an employee of a public employer,
notwithstanding that
the person's compensation for that employment
is derived from funds of a
person or entity other than the
employer. Credit for such service shall be
included as total
service credit, provided that the employee makes the
payments
required by this chapter, and the employer makes the payments
required by sections 145.48 and 145.51 of the Revised Code. (4) A person who elects in accordance with section 145.015
of the Revised
Code to remain a contributing member of the public
employees retirement
system. In all cases of doubt, the public employees retirement board
shall determine
whether any person is a public employee, and its
decision is final. (B) "Member" means any public employee, other than a public
employee excluded
or exempted from membership in the retirement
system by section 145.03,
145.031, 145.032, 145.033, 145.034,
145.035, or 145.38 of the Revised Code.
"Member" includes a PERS
retirant who becomes a member under division
(C) of section 145.38
of the Revised Code. "Member" also includes a
disability benefit
recipient. (C) "Head of the department" means the elective or
appointive head of the
several executive, judicial, and
administrative departments, institutions,
boards, and commissions
of the state and local government as the same are
created and
defined by the laws of this state or, in case of a charter
government, by that charter. (D) "Employer" or "public employer" means the state or any
county, township,
municipal corporation, park district,
conservancy district, sanitary district,
health district,
metropolitan housing authority, state retirement board, Ohio
historical society, public library, county law library, union
cemetery, joint
hospital, institutional commissary, state medical
college, state university,
or board, bureau, commission, council,
committee, authority, or administrative
body as the same are, or
have been, created by action of the general assembly
or by the
legislative authority of any of the units of local government
named
in this division not covered by section 742.01, 3307.01,
3309.01, or 5505.01 of the Revised
Code. In addition, "employer"
means the employer of any public employee. (E) "Prior service" means all service as a public employee
rendered before
January 1, 1935, and all service as an employee of
any employer who comes
within the state teachers retirement system
or of the school employees
retirement system or of any other
retirement system established under the laws
of this state
rendered prior to January 1, 1935, provided that if the employee
claiming the service was employed in any capacity covered by that
other system
after that other system was established, credit for
the service may be allowed
by the public employees retirement
system only when the employee has made
payment, to be computed on
the salary earned from the date of appointment to
the date
membership was established in the public employees retirement
system,
at the rate in effect at the time of payment, and the
employer has made
payment of the corresponding full liability as
provided by section 145.44 of
the Revised Code. "Prior service"
also means all service credited for active
duty with the armed
forces of the United States as provided in section 145.30
of the
Revised Code. If an employee who has been granted prior service credit by
the public
employees retirement system for service rendered prior
to January 1, 1935, as
an employee of a board of education
establishes, before retirement, one year
or more of contributing
service in the state teachers retirement system or
school
employees retirement system, then the prior service ceases to be
the
liability of this system. If the board determines that a position of any member in any
calendar year
prior to January 1, 1935, was a part-time position,
the board shall determine
what fractional part of a year's credit
shall be allowed by the following
formula: (1) When the member has been either elected or appointed to
an office the
term of which was two or more years and for which an
annual salary is
established, the fractional part of the year's
credit shall be computed as
follows: First, when the member's annual salary is one thousand
dollars or less, the
service credit for each such calendar year
shall be forty per cent of a year. Second, for each full one hundred dollars of annual salary
above one thousand
dollars, the member's service credit for each
such calendar year shall be
increased by two and one-half per
cent. (2) When the member is paid on a per diem basis, the service
credit for any
single year of the service shall be determined by
using the number of days of
service for which the compensation was
received in any such year as a
numerator and using two hundred
fifty days as a denominator. (3) When the member is paid on an hourly basis, the service
credit for any
single year of the service shall be determined by
using the number of hours of
service for which the compensation
was received in any such year as a
numerator and using two
thousand hours as a denominator. (F) "Contributor" means any person who has an account in the
employees'
savings fund created by section 145.23 of the Revised
Code. When used in
the sections listed in division (B) of section
145.82 of the
Revised Code, "contributor" includes any person
participating in a plan established under section 145.81 of the
Revised Code. (G) "Beneficiary" or "beneficiaries" means the estate or a
person or persons
who, as the result of the death of a member,
contributor, or retirant, qualify
for or are receiving some right
or benefit under this chapter. (H)(1) "Total service credit," except as provided in section
145.37 of the
Revised Code, means all service credited to a member
of the retirement system
since last becoming a member, including
restored service credit as provided by
section 145.31 of the
Revised Code; credit purchased under sections 145.293
and 145.299
of the Revised Code; all the member's prior service credit; all
the member's military service credit computed as provided in this
chapter; all
service credit established pursuant to section
145.297 of the Revised Code;
and any other service credited under
this chapter. In addition, "total
service credit" includes any
period, not in excess of three years, during
which a member was
out of service and receiving benefits under Chapters 4121.
and
4123. of the Revised Code. For the exclusive purpose of
satisfying the
service credit requirement and of determining
eligibility for benefits under
sections 145.32, 145.33, 145.331,
145.35, 145.36, and 145.361 of the Revised
Code, "five or more
years of total service credit" means sixty or more
calendar months
of contributing service in this system. (2) "One and one-half years of contributing service
credit,"
as used in division (B) of section 145.45 of the Revised
Code,
also means eighteen or more calendar months of employment
by a
municipal corporation that formerly operated its own
retirement
plan for its employees or a part of its employees,
provided that
all employees of that municipal retirement plan who have
eighteen
or more months of such employment, upon
establishing membership in
the public employees retirement
system, shall make a payment of
the contributions they would have paid
had they been members of
this system for the eighteen months of
employment preceding the
date membership was established. When
that payment has been made
by all such employee
members, a
corresponding payment shall be
paid into the employers'
accumulation fund by that municipal
corporation as the employer
of the employees. (3) Where a member also is a member of the state teachers
retirement system
or the school employees retirement system, or
both, except in cases of
retirement on a combined basis pursuant
to section 145.37 of the Revised Code
or as provided in section
145.383 of the Revised Code,
service credit for any period shall
be credited on the basis of the ratio that
contributions to the
public employees retirement system
bear to total
contributions in
all state retirement systems. (4) Not more than one year of credit may be given for any
period of twelve
months. (5) "Ohio service credit" means credit for service that was
rendered to the
state or any of its political subdivisions or any
employer. (I) "Regular interest" means interest at any rates for the
respective funds and accounts as the public employees retirement
board may
determine from time to time. (J) "Accumulated contributions" means the sum of all
amounts
credited to a contributor's individual account in the
employees'
savings fund together with any interest
credited to the
contributor's account under section 145.471 or 145.472 of the
Revised Code. (K)(1) "Final average salary" means the quotient obtained
by
dividing by three the sum of the three full calendar years of
contributing service in which the member's earnable salary was
highest, except that if the member has a partial year of
contributing service in the year the member's employment
terminates and the member's earnable salary for the partial year
is higher
than for any comparable period in the three years, the
member's earnable
salary for the partial year shall be substituted
for the member's earnable
salary for the comparable period during
the three years in which the member's
earnable salary was lowest. (2) If a member has less than three years of contributing
service, the
member's final average salary shall be the member's
total earnable salary
divided by the total number of years,
including any fraction of a year, of the
member's contributing
service. (3) For the purpose of calculating benefits payable to a
member qualifying for service credit under division (Z) of this
section, "final average salary" means the total earnable salary
on
which contributions were made divided by the total number of
years
during which contributions were made, including any
fraction of a
year. If contributions were made for less than
twelve months,
"final average salary" means the member's total
earnable salary. (L) "Annuity" means payments for life derived from
contributions made by a
contributor and paid from the annuity and
pension reserve fund as provided in
this chapter. All annuities
shall be paid in twelve equal monthly
installments. (M) "Annuity reserve" means the present value, computed upon
the basis of the
mortality and other tables adopted by the board,
of all payments to be made on
account of any annuity, or benefit
in lieu of any annuity, granted to a
retirant as provided in this
chapter. (N)(1) "Disability retirement" means retirement as provided
in section 145.36
of the Revised Code. (2) "Disability allowance" means an allowance paid on
account of disability
under section 145.361 of the Revised Code. (3) "Disability benefit" means a benefit paid as disability
retirement under
section 145.36 of the Revised Code, as a
disability allowance under section
145.361 of the Revised Code, or
as a disability benefit under section 145.37
of the Revised Code. (4) "Disability benefit recipient" means a member who is
receiving a
disability benefit. (O) "Age and service retirement" means retirement as
provided in sections
145.32, 145.33, 145.331, 145.34, 145.37, and
145.46 of the Revised Code. (P) "Pensions" means annual payments for life derived from
contributions made
by the employer that at the time of retirement
are credited into the annuity
and pension reserve fund from the
employers' accumulation fund and paid from
the annuity and pension
reserve fund as provided in this chapter. All
pensions shall be
paid in twelve equal monthly installments. (Q) "Retirement allowance" means the pension plus that
portion of the benefit
derived from contributions made by the
member. (R)(1) Except as otherwise provided in division (R)
of this
section, "earnable salary" means
all salary, wages, and other
earnings paid to a contributor by reason of
employment in a
position covered by the retirement system. The salary, wages,
and
other earnings shall be determined prior to determination of the
amount
required to be contributed to the employees' savings fund
under section 145.47
of the Revised Code and without regard to
whether any of the salary, wages, or
other earnings are treated as
deferred income for federal income tax
purposes. "Earnable
salary" includes the following: (a) Payments made by the employer in lieu of salary, wages,
or other earnings
for sick leave, personal leave, or vacation used
by the contributor; (b) Payments made by the employer for the conversion of sick
leave, personal
leave, and vacation leave accrued, but not used if
the payment is made
during
the year in which the leave is accrued,
except that payments made pursuant to
section 124.383 or 124.386
of the Revised Code are not earnable salary; (c) Allowances paid by the employer for full maintenance,
consisting of
housing, laundry, and meals, as certified to the
retirement board by the
employer or the head of the department
that employs the contributor; (d) Fees and commissions paid under section 507.09 of the
Revised Code; (e) Payments that are made under a disability leave program
sponsored by the
employer and for which the employer is required
by section 145.296 of the
Revised Code to make periodic employer
and employee contributions; (f) Amounts included pursuant to divisions (K)(3) and (Y) of
this section. (2) "Earnable salary" does not include any of the following: (a) Fees and commissions, other than those paid under
section 507.09 of the
Revised Code, paid as sole compensation for
personal services and fees and
commissions for special services
over and above services for which the
contributor receives a
salary; (b) Amounts paid by the employer to provide life insurance,
sickness,
accident, endowment, health, medical, hospital, dental,
or surgical coverage,
or other insurance for the contributor or
the contributor's family, or amounts
paid by the employer to the
contributor in lieu of providing the insurance; (c) Incidental benefits, including lodging, food, laundry,
parking, or
services furnished by the employer, or use of the
employer's property or
equipment, or amounts paid by the employer
to the contributor in lieu of
providing the incidental benefits; (d) Reimbursement for job-related expenses authorized by the
employer,
including moving and travel expenses and expenses
related to professional
development; (e) Payments for accrued but unused sick leave, personal
leave, or
vacation
that are made at any time other than in the
year in which the sick leave,
personal leave, or vacation was
accrued; (f) Payments made to or on behalf of a contributor that are
in excess of the
annual compensation that may be taken into
account by the retirement system
under division (a)(17) of section
401 of the "Internal Revenue Code of 1986,"
100 Stat. 2085, 26
U.S.C.A. 401(a)(17), as amended; (g) Payments made under division (B), (C),
or
(D)(E) of
section
5923.05 of the Revised
Code
or, Section 4 of Substitute
Senate
Bill
No. 3 of the 119th general
assembly, or Section 3 of
Senate Bill
No. 173 of the 124th general assembly; (h) Anything of value received by the contributor that is
based on or
attributable to retirement or an agreement to retire,
except that payments
made on or before January 1, 1989, that are
based on or attributable to an
agreement to retire shall be
included in earnable salary if both of the
following apply: (i) The payments are made in accordance with contract
provisions that were in
effect prior to January 1, 1986; (ii) The employer pays the retirement system an amount
specified by the
retirement board equal to the additional
liability resulting from the
payments. (3) The retirement board shall determine by rule whether any
compensation not
enumerated in division (R) of this section is
earnable salary, and its decision shall be
final. (S) "Pension reserve" means the present value, computed upon
the basis of the
mortality and other tables adopted by the board,
of all payments to be made on
account of any retirement allowance
or benefit in lieu of any retirement
allowance, granted to a
member or beneficiary under this chapter. (T)(1) "Contributing service" means all service credited to
a member of the
system since January 1, 1935, for which
contributions are made as required by
sections 145.47, 145.48, and
145.483 of the Revised Code. In any year
subsequent to 1934,
credit for any service shall be allowed by the following
formula: (a) For each month for which the member's earnable salary is
two hundred
fifty dollars or more, allow one month's credit. (b) For each month for which the member's earnable salary is
less than two
hundred fifty dollars, allow a fraction of a month's
credit. The numerator of
this fraction shall be the earnable
salary during the month, and the
denominator shall be two hundred
fifty dollars, except that if the member's
annual earnable salary
is less than six hundred dollars, the member's credit
shall not be
reduced below twenty per cent of a year for a calendar year of
employment during which the member worked each month.
Division
(T)(1)(b) of this section shall not
reduce any credit earned
before January 1, 1985. (2) Notwithstanding division (T)(1) of this section, an
elected official who
prior to January 1, 1980, was granted a full
year of credit for each year of
service as an elected official
shall be considered to have earned a full year
of credit for each
year of service regardless of whether the service was
full-time or
part-time. The public employees retirement board has no
authority
to reduce the credit. (U) "State retirement board" means the public employees
retirement board, the
school employees retirement board, or the
state teachers retirement board. (V) "Retirant" means any former member who retires and is
receiving a monthly
allowance as provided in sections 145.32,
145.33, 145.331, 145.34, and 145.46
of the Revised Code. (W) "Employer contribution" means the amount paid by an
employer as
determined under section 145.48 of the Revised
Code. (X) "Public service terminates" means the last day for which
a public
employee is compensated for services performed for an
employer or the date of
the employee's death, whichever occurs
first. (Y) When a member has been elected or appointed to an
office, the term of
which is two or more years, for which an
annual salary is established, and in
the event that the salary of
the office is increased and the member is denied
the additional
salary by reason of any constitutional provision prohibiting an
increase in salary during a term of office, the member may elect
to have the
amount of the member's contributions calculated upon
the basis of the
increased salary for the office. At the member's
request, the board shall
compute the total additional amount the
member would have contributed, or the
amount by which each of the
member's contributions would have increased, had
the member
received the increased salary for the office the member holds. If
the member elects to have the amount by which the member's
contribution would
have increased withheld from the member's
salary, the member shall notify the
employer, and the employer
shall make the withholding and transmit it to the
retirement
system. A member who has not elected to have that amount withheld
may elect at any time to make a payment to the retirement system
equal to the
additional amount the member's contribution would
have increased, plus
interest on that contribution, compounded
annually at a rate established by
the board and computed from the
date on which the last contribution would have
been withheld from
the member's salary to the date of payment. A member may
make a
payment for part of the period for which the increased
contribution was
not withheld, in which case the interest shall be
computed from the date the
last contribution would have been
withheld for the period for which the
payment is made. Upon the
payment of the increased contributions as provided
in this
division, the increased annual salary as provided by law for the
office for the period for which the member paid increased
contributions
thereon shall be used in determining the member's
earnable salary for the
purpose of computing the member's final
average salary. (Z) "Five years of service credit," for the exclusive
purpose of satisfying
the service credit requirements and of
determining eligibility for benefits
under section 145.33 of the
Revised Code, means employment covered under this
chapter or under
a former retirement plan operated, recognized, or endorsed by
the
employer prior to coverage under this chapter or under a
combination of
the coverage. (AA) "Deputy sheriff" means any person who is commissioned
and employed as a
full-time peace officer by the sheriff of any
county, and has been so employed
since on or before December 31,
1965, and whose primary duties are to preserve
the peace, to
protect life and property, and to enforce the laws of this
state;
any person who is or has been commissioned and employed as a peace
officer by the sheriff of any county since January 1, 1966, and
who has
received a certificate attesting to the person's
satisfactory completion of
the peace officer training school as
required by section 109.77 of the Revised
Code and whose primary
duties are to preserve the peace, protect life and
property, and
enforce the laws of this state; or any person deputized by the
sheriff of any county and employed pursuant to section 2301.12 of
the Revised
Code as a criminal bailiff or court constable who has
received a certificate
attesting to the person's satisfactory
completion of the peace officer
training school as required by
section 109.77 of the Revised Code and whose
primary duties are to
preserve the peace, protect life and property, and
enforce the
laws of this state. (BB) "Township constable or police officer in a township
police department or
district" means any person who is
commissioned and employed as a full-time
peace officer pursuant to
Chapter 505. or 509. of the Revised Code, who has
received a
certificate attesting to the person's satisfactory completion of
the peace officer training school as required by section 109.77 of
the Revised
Code, and whose primary duties are to preserve the
peace, protect life and
property, and enforce the laws of this
state. (CC) "Drug agent" means any person who is either of the
following: (1) Employed full-time as a narcotics agent by a county
narcotics agency
created pursuant to section 307.15 of the Revised
Code and has received a
certificate attesting to the satisfactory
completion of the peace officer
training school as required by
section 109.77 of the Revised Code; (2) Employed full-time as an undercover drug agent as
defined in section
109.79 of the Revised Code and is in compliance
with section 109.77 of the
Revised Code. (DD) "Department of public safety enforcement agent" means a
full-time
employee of the
department of public safety who is
designated under section 5502.14
of the Revised Code as an
enforcement agent and who is in compliance with
section 109.77
of
the Revised Code. (EE) "Natural resources law enforcement staff officer" means
a
full-time employee of the department of natural resources who is
designated a
natural resources law enforcement staff officer under
section 1501.013 of the
Revised Code
and
is in compliance with
section 109.77 of the Revised Code. (FF) "Park officer" means a full-time employee of the
department of
natural
resources who is designated a park officer
under section 1541.10 of the
Revised Code and is in compliance
with section 109.77 of the Revised Code. (GG) "Forest officer" means a full-time employee of the
department of natural
resources who is designated a forest officer
under section 1503.29 of the
Revised Code and is in compliance
with section 109.77 of the Revised Code. (HH) "Preserve officer" means a full-time
employee of the
department of natural resources who is
designated a preserve
officer under section 1517.10 of the
Revised
Code and is in
compliance with
section 109.77 of the Revised
Code. (II) "Wildlife officer" means a full-time employee of the
department
of
natural resources who is designated a wildlife
officer under section 1531.13
of the Revised Code and is in
compliance with section 109.77 of the Revised
Code. (JJ) "State watercraft officer" means a full-time
employee
of the department
of natural resources who is designated a state
watercraft officer under
section 1547.521 of the Revised Code and
is in compliance with section 109.77
of the Revised Code. (KK) "Park district police officer" means a full-time
employee of a park
district who is designated pursuant to section
511.232 or 1545.13 of the
Revised Code and is in compliance with
section 109.77 of the Revised Code. (LL) "Conservancy district officer" means a full-time
employee of a
conservancy district who is designated pursuant to
section 6101.75 of the
Revised Code and is in compliance with
section 109.77 of the Revised Code. (MM) "Municipal police officer" means a member of the
organized police
department of a municipal corporation who is
employed full-time, is in
compliance with section 109.77 of the
Revised Code, and is not a member of the
Ohio police and fire
pension fund. (NN) "Ohio veterans' home police officer" means any
person
who is employed at
the Ohio veterans' home as a police officer
pursuant to section 5907.02 of the
Revised Code and is in
compliance with section 109.77 of the Revised Code. (OO) "Special police officer for a mental health
institution" means any
person who is designated as such pursuant
to section 5119.14 of the Revised
Code and is in compliance with
section 109.77 of the Revised Code. (PP) "Special police officer for an institution for the
mentally retarded and
developmentally disabled" means any person
who is designated as such pursuant
to section 5123.13 of the
Revised Code and is in compliance with section
109.77 of the
Revised Code. (QQ) "State university law enforcement officer" means any
person who is
employed full-time as a state university law
enforcement officer pursuant to
section 3345.04 of the Revised
Code and who is in compliance with section
109.77 of the Revised
Code. (RR) "Hamilton county municipal court bailiff" means a
person appointed by
the clerk of courts of the Hamilton county
municipal court under division
(A)(3) of section 1901.32 of the
Revised Code who is employed full-time as a
bailiff or deputy
bailiff, who has received a certificate attesting to the
person's
satisfactory completion of the peace officer training school as
required by division (C) of section 109.77 of the Revised Code,
and whose
primary duties are to preserve the peace, to protect
life and property, and to
enforce the laws of this state. (SS)
"House sergeant at arms" means any person appointed by
the speaker of the house of representatives under division (B)(1)
of section 101.311 of the Revised Code who has arrest authority
under division (E)(1) of that section. (TT) "Assistant house sergeant at arms" means any person
appointed by the house sergeant at arms under division (C)(1) of
section 101.311 of the Revised Code. (UU) Notwithstanding section 2901.01 of the Revised Code,
"law enforcement
officer" means a sheriff, deputy sheriff,
township constable or police officer
in a township police
department or district, drug agent, department of public
safety
enforcement agent, natural resources law enforcement staff
officer,
park officer, forest officer, preserve officer,
wildlife
officer, state watercraft
officer, park district police officer,
conservancy district officer, Ohio
veterans' home police officer,
special police officer for a mental health
institution, special
police officer for an institution for the mentally
retarded and
developmentally disabled, state university law enforcement
officer, Hamilton county municipal court bailiff,
municipal
police officer,
house sergeant at arms, or assistant house
sergeant
at arms. (VV) "Fiduciary" means a person who does any of the
following: (1) Exercises any discretionary authority or control with
respect to the
management of the system or with respect to the
management or disposition of
its assets; (2) Renders investment advice for a fee, direct or indirect,
with respect to
money or property of the system; (3) Has any discretionary authority or responsibility in the
administration
of the system. (WW) "Actuary" means an individual who satisfies all of
the
following
requirements: (1) Is a member of the American academy of actuaries; (2) Is an associate or fellow of the society of actuaries; (3) Has a minimum of five years' experience in providing
actuarial services
to public retirement plans.
Sec. 742.01. As used in this chapter: (A)(1) "Police department" means the police department of
a
municipal corporation. (2) "Member of a police department" means any of the
following: (a) Any person who receives an original appointment as a
full-time regular police officer in a police department from a
duly established civil service eligible list or pursuant to
section 124.411 of the Revised Code, or who is described in
section 742.511 of the Revised Code, or who transfers from the
public employees retirement system to the Ohio police and
fire
pension fund pursuant to section
742.513 of the Revised Code, or
who is appointed pursuant to section 737.15 or 737.16
of the
Revised
Code as a full-time regular police officer and is paid
solely out
of public funds of the employing municipal corporation; (b) Any person who, on October 1, 1965, was contributing
four per cent of the person's annual salary to a police
relief and
pension fund established under former section 741.32 of the
Revised
Code; (c) Any person who commences employment on or
after
September
16, 1998, as a full-time police
officer with a police
department in a position in which the
person is required to
satisfactorily complete a peace officer
training course in
compliance with section 109.77 of the
Revised Code. (B)(1) "Fire department" means a fire department of the
state or an instrumentality of the state or of a municipal
corporation, township, joint fire district, or other political
subdivision. (2) "Member of a fire department" means all of the
following: (a) Any person who commences employment after November 8,
1990, as a full-time firefighter with a fire department,
in a
position in which the person is required to satisfactorily
complete or have satisfactorily completed a
firefighter training
course
approved under former section 3303.07 or section 4765.55 or
conducted under section 3737.33 of the Revised Code; (b) Any person who has elected under section 742.515 of
the
Revised Code to be transferred from the public employees
retirement system to the Ohio police and fire pension
fund; (c) Any full-time firefighter who, on November 8, 1990,
is a
member of the Ohio police and fire pension fund. (C) "Employee" means any person who is a member of a
police
department or a member of a fire department. (D) "Employer" means the government entity by which an
employee is employed and paid. (E) "Member of the fund" means any person, except an other
system retirant as defined in section 742.26 of the Revised Code,
who is contributing a percentage of the person's annual
salary to
the
Ohio police and fire
pension fund or who is
receiving a
disability benefit or pension from the fund as
a result of service
in a police or fire department. A person,
other than an other
system retirant, who is contributing a
percentage of the person's
annual salary to the fund and is
dismissed, resigns, or is granted
a leave of absence from a police or fire
department shall be
considered a "member of the fund" for a
period of twelve months
after the first day of the
dismissal,
resignation, or leave of
absence, provided the sum deducted from
the person's salary and
credited to the
person's account in the fund remains on deposit in
the
fund. (F) "Year," for the purpose of determining benefits, means
any twelve consecutive calendar months of active service as a
member of the fund, or, in the case of a member whose salary is
paid weekly or biweekly, fifty-two consecutive weeks of active
service as a member. (G) "Average annual salary" means the highest average
annual
salary of a member of the fund during any three years of
contributions determined by dividing the member's total
salary as
an employee during the years by three. (H) "Normal service pension benefit" means the pension
benefit payable to a member of the fund under division (C)(1) of
section 742.37 of the Revised Code upon attaining age
forty-eight. (I) "Retirement allowance" means the total pension benefit
or disability benefit to which a member of the fund may be
entitled under division (C) of section 742.37 or section
742.39 of
the Revised
Code. (J) "Fiduciary" means a person who does any of the
following: (1) Exercises any discretionary authority or control with
respect to the management of the system, or with respect to the
management or disposition of its assets; (2) Renders investment advice for a fee, direct or
indirect,
with respect to money or property of the system; (3) Has any discretionary authority or responsibility in
the
administration of the system. (K) "Terminal pay" means the following payments made by an
employer to an employee on termination of employment: (1) Payments for accrued but unused leave, including sick
leave, vacation, personal leave, and compensatory time; (2) Payments deferred more than one year compensating the
employee for holidays worked or for longevity; (3) Payments for overtime worked that are not included
either in the payroll for the period in which the overtime
is
worked or for the next subsequent payroll period; (4) Other payments that are not compensation for services
rendered in the last pay period in which services were rendered
and are designated as terminal pay by rule of the board of
trustees of the Ohio police and fire pension fund. The
board
shall not designate as terminal pay payments deferred
one year or
less compensating an employee for holidays worked or
for
longevity. (L)(1) Except as otherwise provided in this division,
"salary" means all compensation, wages, and other earnings paid
to
an employee by reason of employment, but without regard to
whether
compensation, wages, or other earnings are treated as
deferred
income for federal income tax purposes. "Salary"
includes
payments for overtime that are made not later than the
payroll
following the payroll period in which the overtime is
worked. (2) "Salary" does not include any of the following: (a) Compensation for services outside the scope of an
employee's regular employment; (b) Reimbursement of expenses; (c) Terminal pay; (d) Payments for accrued but unused sick leave or personal
leave, or vacation pay covering periods for which salary,
compensation, or benefits are paid; (e) Payments made under division (B), (C), or
(D)(E) of
section
5923.05 of the Revised Code
or, Section 4
of Substitute
Senate
Bill No. 3 of the 119th general assembly, or Section 3 of
Senate
Bill
No. 173 of the 124th general assembly; (f) Payments made to or on behalf of an employee that are
in
excess of the annual compensation that may be taken into
account
by the fund under division (a)(17) of section 401 of the
"Internal
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.
401(a)(17), as
amended. (3) The board shall determine by rule whether any
compensation, wages, or earnings not enumerated in this division
is salary, and its decision shall be final. (M) "Actuary" means an individual who satisfies all
of the
following requirements: (1) Is a member of the American academy
of actuaries; (2) Is an associate or fellow of the society of actuaries; (3) Has a minimum of five years' experience in providing
actuarial
services to public retirement plans.
Sec. 1751.54. (A) As used in this section: (1) "Eligible person" means any person who, at the time a
reservist is called
or ordered to active duty, is covered under a
group contract and is either of
the following: (a) An employee who is a reservist called or ordered to
active duty; (b) The spouse or a dependent child of an employee described
in division
(A)(1)(a) of this section. (2) "Group contract" includes any group health insuring
corporation contract
that satisfies all of the following: (a) The contract is delivered, issued for delivery, or
renewed in this state
on or after
the effective date of this
section
June
4, 1997. (b) The contract covers employees for health care services,
including basic
health care services. (c) The contract is in effect and covers an eligible person
at the time a
reservist is called or ordered to active duty. (3) "Reservist" means a member of a reserve component of the
armed forces of
the United States. "Reservist" includes a member
of the Ohio national guard. (B) Every group contract shall provide that any eligible
person may continue
the coverage under the contract for a period
of eighteen months after the date
on which the coverage would
otherwise terminate because the reservist is
called or ordered to
active duty. (C)(1) An eligible person may extend the eighteen-month
period of
continuation of coverage to a thirty-six-month period of
continuation of
coverage, if any of the following occurs during
the eighteen-month period: (a) The death of the reservist; (b) The divorce or separation of a reservist from the
reservist's spouse; (c) The cessation of dependency of a child pursuant to the
terms of the
contract. (2) The thirty-six-month period of continuation of coverage
is deemed to
begin on the date on which the coverage would
otherwise terminate because the
reservist is called or ordered to
active duty. (3) The employer may begin the thirty-six-month period on
the date of any
occurrence described in division (C)(1) of this
section. (D) All of the following apply to any continuation of
coverage, or the
extension of any continuation of coverage,
provided under division (B) or (C)
of this section: (1) The continuation of coverage shall provide the same
benefits as those
provided to any similarly situated eligible
person who is covered under the
same group contract and an
employee who has not been called or ordered to
active duty. (2) An employer shall notify each employee of the right of
continuation of
coverage at the time of employment. At the time
the reservist is called or
ordered to active duty, the employer
shall notify each eligible person of the
requirements for the
continuation of coverage. (3) Each certificate of coverage issued by a health insuring
corporation to
an employee under the group contract shall include
a notice of the eligible
person's right of continuation of
coverage. (4) An eligible person shall file a written election of
continuation of
coverage with the employer and pay the employer
the first contribution
required under division (D)(5) of this
section. The written election and
payment must be received by the
employer no later than thirty-one days after
the date on which the
eligible person's coverage would otherwise terminate.
If the
employer notifies the eligible person of the right of continuation
of
coverage after the date on which the eligible person's coverage
would
otherwise terminate, the written election and payment must
be received by the
employer no later than thirty-one days after
the date of the notification. (5)(a) Except as provided in division (D)(5)(b) or (c) of
this section, the
eligible person shall pay to the employer, on a
monthly basis and in advance,
the amount of contribution required
by the employer. The amount shall not
exceed one hundred two per
cent of the group rate for the coverage being
continued under the
group contract on the due date of each
payment. (b) The employer may pay a portion or all of the eligible
person's
contribution. (c) A reservist called or ordered to active duty for less
than thirty-one
days shall not be required to pay more than the
eligible person's
contribution, if any, for the coverage. (E) The eligible person's right to any continuation of
coverage, or the
extension of any continuation of coverage,
provided under division (B) or (C)
of this section ceases on the
date on which any of the following occurs: (1) The eligible person, whether as an employee or
otherwise, becomes covered
by another group contract or other
group health plan or arrangement that does
not contain any
exclusion or limitation with respect to any preexisting
condition
of that eligible person. For purposes of division (E)(1) of this
section, a group contract or other group health plan or
arrangement does not
include the civilian health and medical
program of the uniformed services as
defined in Public Law 99-661,
100 Stat. 3898 (1986), 10 U.S.C.A. 1072. (2) The period of either eighteen months provided under
division (B) of this
section or thirty-six months provided under
division (C) of this section
expires. (3) The eligible person fails to make a timely payment of a
required
contribution, in which case the coverage ceases at the
end of the period of
coverage for which contributions were made. (4) The group contract, or participation under the group
contract, is
terminated, unless the employer, in accordance with
division (F) of this
section, replaces the coverage with similar
coverage under another group
contract or other group health plan
or arrangement. (F) If the employer replaces the group contract with similar
coverage as
described in division (E)(4) of this section, both of
the following apply: (1) The eligible person is covered under the replacement
coverage for the
balance of the period that the person would have
remained covered under the
terminated coverage if it had not been
terminated. (2) The level of benefits under the replacement coverage is
the same as the
level of benefits provided to any similarly
situated eligible person who is
covered under the group contract
and an employee who has not been called or
ordered to active duty. (G) Upon the reservist's release from active duty and the
reservist's return
to employment for the employer by whom the
reservist was employed at the time
the reservist was called or
ordered to active duty, both of the following
apply: (1) Every eligible person is entitled, without any waiting
period, to
coverage under the employer's group contract that is in
effect at the time of
the reservist's return to employment. (2) Every eligible person is entitled to all benefits under
the group
contract described in division (G)(1) of this section
from the date of the
original coverage under the contract. (H)(1) No health insuring corporation shall fail to provide
for a
continuation of coverage, or an extension of a continuation
of coverage, in a
group contract as required by and in accordance
with the terms
and conditions set forth under this section. (2) No health insuring corporation shall fail to issue a
certificate of
coverage in compliance with division (D)(3) of this
section. (3) No employer shall fail to provide an employee or
eligible person with
notice of the right to a continuation of
coverage under a group contract in
accordance with division (D)(2)
of this section. (I) Whoever violates division (H)(1), (2), or (3) of this
section is deemed
to have engaged in an unfair and deceptive act
or practice in the business of
insurance under sections 3901.19 to
3901.26 of the Revised Code. (J)
This section does not apply to any group contract that is
subject to
section 5923.051 of the Revised Code. (K) This section does not apply to any group contract
offering only
supplemental health care services or specialty
health care services.
Sec. 3307.01. As used in this chapter: (A) "Employer" means the board of education, school
district, governing authority of any community school established
under
Chapter 3314. of the Revised Code, college, university,
institution, or
other agency
within the state by which a teacher
is employed and paid. (B) "Teacher" means all of the following: (1) Any person paid from public funds and
employed in the
public schools of the state under any type of
contract described
in section 3319.08 of the Revised Code in a
position for which the
person is required to have a
license issued
pursuant to sections
3319.22 to 3319.31 of the Revised Code; (2) Any person
employed as a teacher by a community school
pursuant to Chapter 3314.
of the Revised Code; (3) Any person holding an
internship certificate issued
under section 3319.28 of the Revised
Code and
employed in a public
school in this state; (4) Any person having a
license issued pursuant to sections
3319.22 to 3319.31 of the
Revised Code and employed in a public
school in this state
in an educational
position, as determined by
the state board of education, under programs
provided for by
federal acts or regulations and financed in whole or in part
from
federal funds, but for which no licensure requirements for the
position
can be made under the provisions of such federal acts or
regulations; (5) Any other teacher or faculty member employed in any
school,
college, university, institution, or other agency wholly
controlled and managed, and supported in whole or in part, by the
state or any political subdivision thereof, including Central
state university, Cleveland state university, the university of
Toledo, and the medical college of Ohio at Toledo; (6) The
educational employees of the department of
education, as
determined by the state superintendent of public
instruction.
In all cases of doubt, the state teachers
retirement board
shall determine whether any person is a teacher,
and its decision
shall be final. "Teacher" does not include any academic or administrative
employee of a public
institution of higher education, as defined
in section 3305.01 of the Revised
Code, who participates in an
alternative retirement plan
established under Chapter 3305. of the
Revised Code. (C) "Member" means any person included in the membership
of
the state teachers retirement system, which shall consist of
all
teachers and contributors as defined in divisions (B) and
(D) of
this section and all disability benefit recipients, as defined in
section 3307.50 of the Revised Code. However,
for purposes of
this chapter, the following persons shall not be
considered
members: (1) A student, intern, or resident who is not a member while
employed
part-time by a school, college, or
university at which
the student, intern, or resident is
regularly attending classes; (2) A person denied membership pursuant to section
3307.24
of the Revised Code; (3) An other system retirant, as
defined in
section 3307.35
of the Revised Code, or a
superannuate; (4) An individual employed in a program established
pursuant
to the "Job Training Partnership Act," 96 Stat. 1322
(1982), 29
U.S.C.A. 1501. (D) "Contributor" means any person who has an account in
the
teachers' savings fund or defined contribution fund. (E) "Beneficiary" means any person eligible to receive,
or
in receipt of, a retirement allowance or other benefit provided
by
this chapter. (F) "Year" means the year beginning the first day of July
and ending with the thirtieth day of June next following, except
that for the purpose of determining final average salary under the
plan
described in sections 3307.50 to 3307.79 of the Revised
Code,
"year"
may mean the contract year. (G) "Local district pension system" means any school
teachers pension fund created in any school district of the state
in accordance with the laws of the state prior to September 1,
1920. (H) "Employer contribution" means the amount paid by an
employer, as determined by the employer rate, including the
normal
and deficiency rates, contributions, and funds wherever
used in
this chapter. (I) "Five years of service credit" means employment covered
under this
chapter and
employment covered under a former
retirement plan operated,
recognized, or endorsed by a college,
institute, university, or
political subdivision of this state
prior to coverage under this
chapter. (J) "Actuary" means the actuarial consultant to the state
teachers retirement board, who shall be either of the following: (1) A member of the American academy of actuaries; (2) A firm, partnership, or corporation of which at least
one person is a member of the American academy of actuaries. (K) "Fiduciary" means a person who does any of the
following: (1) Exercises any discretionary authority or control with
respect to the management of the system, or with respect to the
management or disposition of its assets; (2) Renders investment advice for a fee, direct or
indirect,
with respect to money or property of the system; (3) Has any discretionary authority or responsibility in
the
administration of the system. (L)(1) Except as provided in this
division,
"compensation"
means all salary, wages, and other earnings paid
to a teacher by
reason of the teacher's employment, including compensation
paid
pursuant to a supplemental contract. The salary, wages,
and other
earnings shall be determined prior to determination of
the amount
required to be contributed to the teachers' savings
fund or
defined contribution fund under section
3307.26 of the Revised
Code and
without regard
to whether any of the salary, wages, or
other earnings are
treated as deferred income for federal income
tax purposes. (2) Compensation does not include any of the following: (a) Payments for accrued but unused sick leave or personal
leave, including payments made under a plan established pursuant
to section 124.39 of the Revised Code or any other plan
established by the employer; (b) Payments made for accrued but unused vacation leave,
including payments made pursuant to section 124.13 of the Revised
Code or a plan established by the employer; (c) Payments made for vacation pay covering concurrent
periods for which other salary, compensation, or benefits under
this chapter are paid; (d) Amounts paid by the employer to provide life
insurance,
sickness, accident, endowment, health, medical,
hospital, dental,
or surgical coverage, or other insurance for
the teacher or the
teacher's family, or amounts paid by the
employer to the teacher
in lieu of providing the insurance; (e) Incidental benefits, including lodging, food, laundry,
parking, or services furnished by the employer, use of the
employer's property or equipment, and reimbursement for
job-related expenses authorized by the employer, including moving
and travel expenses and expenses related to professional
development; (f) Payments made by the employer in exchange for a
member's
waiver of a right to receive any payment, amount, or
benefit
described in division (L)(2) of this section; (g) Payments by the employer for services not actually
rendered; (h) Any amount paid by the employer as a retroactive
increase in salary, wages, or other earnings, unless the increase
is one of the following: (i) A retroactive increase paid to a member employed by a
school district board of education in a position that requires a
license designated for teaching and not designated for being an
administrator
issued under section 3319.22 of the Revised Code
that is
paid in accordance with uniform criteria applicable to all
members employed by the board in positions requiring the
licenses; (ii) A retroactive increase paid to a member employed by a
school district board of education in a position that requires a
license designated for being an administrator issued under section
3319.22 of
the Revised Code that is paid in accordance
with
uniform criteria applicable to all members employed by the
board
in positions requiring the licenses; (iii) A retroactive increase paid to a member employed by
a
school district board of education as a superintendent that is
also paid as described in division (L)(2)(h)(i) of this
section; (iv) A retroactive increase paid to a member employed by
an
employer other than a school district board of education in
accordance with uniform criteria applicable to all members
employed by the employer. (i) Payments made to or on behalf of a teacher that are in
excess of the annual compensation that may be taken into account
by the retirement system under division (a)(17) of section 401 of
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.
401(a)(17), as amended. For a teacher who first establishes
membership before July 1, 1996, the annual compensation that may
be
taken into account by the retirement system shall be determined
under
division (d)(3) of section 13212 of the "Omnibus
Budget
Reconciliation Act of 1993," Pub.
L. No. 103-66, 107 Stat. 472. (j) Payments made under division (B), (C), or
(D)(E) of
section
5923.05 of the Revised Code
or, Section 4 of Substitute
Senate
Bill No. 3 of the 119th general
assembly, or Section 3 of
Senate
Bill
No. 173 of the 124th general assembly; (k) Anything of value received by the teacher that is
based
on or attributable to retirement or an agreement to retire. (3) The retirement board shall determine by rule both of
the
following: (a) Whether particular forms of earnings are included in
any
of the categories enumerated in this division; (b) Whether any form of earnings not enumerated in this
division is to be included in compensation. Decisions of the board made under this division shall be
final. (M) "Superannuate" means both of the following: (1) A former teacher receiving from the system a retirement
allowance under section 3307.58 or 3307.59 of the Revised
Code; (2) A former teacher receiving any benefit from the system
under
a plan established under section 3307.81 of the Revised
Code. For purposes of section 3307.35 of the Revised Code,
"superannuate" also means a former teacher receiving from the
system a combined service retirement benefit paid in accordance
with
section 3307.57 of the Revised Code, regardless of which
retirement system is paying the benefit.
Sec. 3309.01. As used in this chapter: (A) "Employer" or "public employer" means boards of
education, school districts, joint vocational districts,
governing
authorities of community schools established under
Chapter 3314.
of the Revised Code, educational institutions, technical
colleges,
state, municipal,
and community colleges, community college
branches, universities,
university branches, other educational
institutions, or other
agencies within the state by which an
employee is employed and
paid, including any organization using
federal funds, provided
the federal funds are disbursed by an
employer as
determined by
the above. In all cases of doubt, the
school employees
retirement board shall determine whether any
employer is an
employer as defined in this chapter, and its
decision shall be
final. (B) "Employee" means all of the following: (1) Any person employed by a public employer in a position
for which the person is not required to have a certificate or
license
issued
pursuant to sections 3319.22 to 3319.31 of the
Revised Code; (2) Any person who performs a service common to the normal
daily operation of an educational unit even though the
person is
employed and paid by one who has contracted with an employer to
perform the service, and the contracting board or
educational
unit
shall be the employer for the purposes of administering the
provisions of this chapter; (3) Any person, not a faculty member, employed in any
school
or college or other institution wholly controlled and
managed, and
wholly or partly supported by the state or any
political
subdivision thereof, the board of trustees, or other
managing body
of which shall accept the requirements and
obligations of this
chapter. In all cases of doubt, the school employees retirement
board
shall determine whether any person is an employee, as
defined in
this division, and its decision is final. (C) "Prior service" means all service rendered prior to
September 1, 1937: (1) As an employee as defined in division (B) of this
section; (2) As an employee in a capacity covered by the public
employees retirement system or the state teachers retirement
system; (3) As an employee of an institution in another state,
service credit for which was procured by a member under the
provisions of section 3309.31 of the Revised Code. Prior service, for service as an employee in a capacity
covered by the public employees retirement system or the state
teachers retirement system, shall be granted a member under
qualifications identical to the laws and rules applicable to
service credit in those systems. Prior service shall not be granted any member for
service
rendered in a capacity covered by the public employees
retirement
system, the state teachers retirement system, and this
system in
the event the service credit has, in the
respective
systems, been
received, waived by exemption, or forfeited by
withdrawal of
contributions, except as provided in this chapter. If a member who has been granted prior service should,
subsequent to September 16, 1957, and before retirement,
establish
three years of contributing service in the public
employees
retirement system, or one year in the state teachers
retirement
system, then the prior service granted shall
become,
at
retirement, the liability of the other system, if the
prior
service or employment was in a capacity that is covered by that
system. The provisions of this division shall not cancel any prior
service granted a member by the school employees retirement board
prior to August 1, 1959. (D) "Total service," "total service credit," or "Ohio
service credit" means all contributing service of a member of the
school employees retirement system, and all
prior service,
computed as provided in this chapter, and all service
established
pursuant to sections 3309.31, 3309.311, and 3309.33 of the Revised
Code. In addition, "total service" includes any period,
not in
excess of three years, during which a member was out of
service
and receiving benefits from the state insurance fund,
provided the
injury or incapacitation was the direct result of
school
employment. (E) "Member" means any employee, except an SERS retirant
or
other system retirant as defined in section 3309.341 of the
Revised Code, who has established membership in the school
employees retirement system. "Member" includes a disability
benefit recipient. (F) "Contributor" means any person who has an account in
the
employees' savings fund.
When used in the sections listed in
division (B) of section
3309.82 of the Revised Code, "contributor"
includes any
person
participating in a plan established under
section 3309.81 of the
Revised Code.
(G) "Retirant" means any former member who retired and is
receiving a service retirement allowance or commuted service
retirement allowance as provided in this chapter. (H) "Beneficiary" or "beneficiaries" means the estate or a
person or persons who, as the result of the death of a
contributor
or retirant, qualifies for or is receiving some right
or benefit
under this chapter. (I) "Interest," as specified in division (E) of section
3309.60 of the Revised Code, means interest at the rates
for the
respective funds and accounts as the school employees retirement
board may determine from time to time, except as follows: (1) The rate of interest credited on employee
contributions
at retirement shall be four per cent per annum,
compounded
annually, to and including June 30, 1955; three per
cent per
annum, compounded annually, from July 1, 1955, to and
including
June 30, 1963; three and one-quarter per cent per
annum,
compounded annually, from July 1,
1963, through June 30, 1966; and
thereafter,
four per cent per annum compounded annually until a
change in the amount is recommended by the system's actuary
and
approved by the retirement board. Subsequent to June 30, 1959,
the retirement board shall discontinue the annual crediting of
current interest on a contributor's accumulated contributions.
Noncrediting of current interest shall not
affect the rate
of
interest at retirement guaranteed under this division. (2) In determining the reserve value for purposes of
computing the amount of the contributor's annuity, the rate of
interest used in the annuity values shall be four per cent per
annum through September 30, 1956; three per cent per annum
compounded annually from October 1, 1956, through June 30, 1963;
three and one-quarter per cent per annum compounded annually
from
July 1, 1963, through June 30, 1966; and, thereafter, four per
cent per
annum compounded annually until a change in
the amount is
recommended by the system's actuary and
approved
by the retirement
board. In the purchase of out-of-state service
credit as provided
in section 3309.31 of the Revised Code, and in
the purchase of an
additional annuity, as provided in section
3309.47 of the Revised
Code, interest shall be computed and
credited to reserves therefor
at the rate the
school
employees retirement board shall fix as
regular interest thereon. (J) "Accumulated contributions" means the sum of all
amounts
credited to a contributor's account in the employees'
savings fund
together with any regular interest credited thereon
at the rates
approved by the retirement board prior to
retirement. (K) "Final average salary" means the sum of the annual
compensation for the three highest years of compensation for
which
contributions were made by the member, divided by three.
If the
member has a partial year of contributing service in the
year in
which the member terminates employment and
the partial year
is at
a rate of compensation that is higher than the rate of
compensation for any one of the highest three years of annual
earnings, the board shall substitute the compensation earned for
the partial year for the compensation earned for a similar
fractional portion in the lowest of the three high years of
annual
compensation before dividing by three. If a member has
less than
three years of contributing membership, the final
average salary
shall be the total compensation divided by the
total number of
years, including any fraction of a year, of
contributing service. (L) "Annuity" means payments for life derived from
contributions made by a contributor and paid from the annuity and
pension reserve fund as provided in this chapter. All annuities
shall be paid in twelve equal monthly installments. (M)(1) "Pension" means annual payments for life derived
from
appropriations made by an employer and paid from the
employers'
trust fund or the annuity and pension reserve fund.
All pensions
shall be paid in twelve equal monthly installments. (2) "Disability retirement" means retirement as provided
in
section 3309.40 of the Revised Code. (N) "Retirement allowance" means the pension plus the
annuity. (O)(1) "Benefit" means a payment, other than a retirement
allowance or the annuity paid under section 3309.341 of the
Revised Code, payable from the accumulated contributions of the
member or the employer, or both, under this chapter and includes
a
disability allowance or disability benefit. (2) "Disability allowance" means an allowance paid on
account of disability under section 3309.401 of the Revised Code. (3) "Disability benefit" means a benefit paid as
disability
retirement under section 3309.40 of the Revised Code,
as a
disability allowance under section 3309.401 of the Revised
Code,
or as a disability benefit under section 3309.35 of the
Revised
Code. (P) "Annuity reserve" means the present value, computed
upon
the basis of mortality tables adopted by the
school employees
retirement board, of all payments to be made on
account of any
annuity, or benefit in lieu of any annuity,
granted to a retirant. (Q) "Pension reserve" means the present value, computed
upon
the basis of mortality tables adopted by the
school employees
retirement board, of all payments to be made on
account of any
pension, or benefit in lieu of any pension,
granted to a retirant
or a beneficiary. (R) "Year" means the year beginning the first day of July
and ending with the thirtieth day of June next following. (S) "Local district pension system" means any school
employees' pension fund created in any school district of the
state prior to September 1, 1937. (T) "Employer contribution" means the amount paid by an
employer as determined under section 3309.49 of the Revised Code. (U) "Fiduciary" means a person who does any of the
following: (1) Exercises any discretionary authority or control with
respect to the management of the system, or with respect to the
management or disposition of its assets; (2) Renders investment advice for a fee, direct or
indirect,
with respect to money or property of the system; (3) Has any discretionary authority or responsibility in
the
administration of the system. (V)(1) Except as otherwise provided in this division,
"compensation" means all salary, wages, and other earnings paid
to
a contributor by reason of employment. The
salary,
wages, and
other earnings shall be determined prior to
determination of the
amount required to be contributed to the
employees' savings fund
under section 3309.47 of the Revised Code
and without regard to
whether any of the salary, wages, or
other
earnings are treated as
deferred income for federal income tax
purposes. (2) Compensation does not include any of the following: (a) Payments for accrued but unused sick leave or personal
leave, including payments made under a plan established pursuant
to section 124.39 of the Revised Code or any other plan
established by the employer; (b) Payments made for accrued but unused vacation leave,
including payments made pursuant to section 124.13 of the Revised
Code or a plan established by the employer; (c) Payments made for vacation pay covering concurrent
periods for which other salary or compensation is also paid or
during which benefits are paid under this chapter; (d) Amounts paid by the employer to provide life
insurance,
sickness, accident, endowment, health, medical,
hospital, dental,
or surgical coverage, or other insurance for
the contributor or
the contributor's family, or amounts paid
by the employer to the
contributor in lieu of providing the
insurance; (e) Incidental benefits, including lodging, food, laundry,
parking, or services furnished by the employer, use of the
employer's property or equipment, and reimbursement for
job-related expenses authorized by the employer, including moving
and travel expenses and expenses related to professional
development; (f) Payments made to or on behalf of a contributor that
are
in excess of the annual compensation that may be taken into
account by the retirement system under division (a)(17) of
section
401 of the "Internal Revenue Code of 1986," 100 Stat.
2085, 26
U.S.C.A. 401(a)(17), as amended. For a contributor who
first
establishes membership before July 1, 1996, the annual
compensation that may be taken into account by the retirement
system shall be
determined under division (d)(3) of section 13212
of the
"Omnibus Budget Reconciliation Act of
1993," Pub. L.
103-66, 107 Stat. 472; (g) Payments made under division (B), (C), or
(D)(E) of
section
5923.05 of the Revised Code
or, Section 4 of Substitute
Senate
Bill
No. 3 of the 119th general assembly, or Section 3 of
Senate
Bill
No. 173 of the 124th general assembly; (h) Anything of value received by the contributor that is
based on or attributable to retirement or an agreement to retire,
except that payments made on or before January 1, 1989, that are
based on or attributable to an agreement to retire shall be
included in compensation if both of the following apply: (i) The payments are made in accordance with contract
provisions that were in effect prior to January 1, 1986. (ii) The employer pays the retirement system an amount
specified by the retirement board equal to the additional
liability from the payments. (3) The retirement board shall determine by rule whether
any
form of earnings not enumerated in this division is to be
included
in compensation, and its decision shall be final. (W) "Disability benefit recipient" means a member who is
receiving a disability benefit. (X) "Actuary" means an individual who satisfies all of the
following requirements: (1) Is a member of the American academy of actuaries; (2) Is an associate or fellow of the society of actuaries; (3) Has a minimum of five years' experience in providing
actuarial
services to public retirement plans.
Sec. 5505.01. As used in this chapter: (A) "Employee" means any qualified employee in the uniform
division of the state highway patrol, any qualified employee in
the radio division hired prior to November 2, 1989, and any state
highway patrol cadet attending training school pursuant to
section
5503.05 of the Revised Code whose attendance at the
school begins
on or after
June 30, 1991.
"Employee" includes the superintendent
of the state highway
patrol. In all cases of doubt, the state
highway patrol
retirement board shall determine whether any person
is an
employee as defined in this division, and the decision of
the
board is final. (B) "Prior service" means all service rendered as an
employee of the state highway patrol prior to September 5, 1941,
to the extent credited by the board, provided that in no case
shall prior service include service rendered prior to November
15,
1933. (C) "Total service" means all service rendered by an
employee to the extent credited by the board. Total service
includes all of the following: (1) Contributing service rendered by the employee since
last
becoming a member of the state highway patrol retirement
system; (2) All prior service credit; (3) Restored service credit as provided in this chapter; (4) Military service credit purchased under division (D)
of
section 5505.16 or section 5505.25 of the Revised Code; (5) Credit granted under division (C) of section 5505.17
or
section 5505.201, 5505.40, or
5505.402 of the Revised Code; (6) Credit for any period, not to exceed three years,
during
which the member was out of service and receiving benefits
under
Chapters 4121. and 4123. of the Revised Code. (D) "Beneficiary" means any person, except a retirant, who
is in receipt of a pension or other benefit payable from funds of
the retirement system. (E) "Regular interest" means interest compounded at
rates
designated from time to time by the retirement
board. (F) "Plan" means the provisions of this chapter. (G) "Retirement system" or "system" means the state
highway
patrol retirement system created and established in the
plan. (H) "Contributing service" means all service rendered by a
member since September 4, 1941, for which deductions were made
from the member's salary under the plan. (I) "Retirement board" or "board" means the state highway
patrol retirement board provided for in the plan. (J) Except as provided in section 5505.18 of the Revised
Code, "member" means any employee included in the membership of
the retirement system, whether or not rendering contributing
service. (K) "Retirant" means any member who retires with a pension
payable from the retirement system. (L) "Accumulated contributions" means the sum of all
amounts
deducted from the salary of a member and credited to the
member's
individual account in the employees' savings fund. (M)(1) Except as provided in division (M)(2) of this
section, "final average salary" means the average of the highest
salary paid a member during any three consecutive or
nonconsecutive years. If a member has less than three years of contributing
service, the member's final average salary shall be the
average of
the annual rates of salary paid to the member
during the member's
total years of
contributing service. (2) If a member is credited with service under division
(C)(6) of this section or division (D) of section 5505.16 of the
Revised Code, the member's final average salary shall be the
average of
the highest salary that was paid to the member or would
have
been paid to the member, had the member
been rendering
contributing service, during any three
consecutive or
nonconsecutive years. If that member has less
than three years of
total service, the member's final
average salary shall be the
average of the annual rates of salary that were
paid to the member
or would have been paid to
the member during the member's years of
total service. (N) "Pension" means an annual amount payable by the
retirement system throughout the life of a person or as otherwise
provided in the plan. All pensions shall be paid in equal
monthly
installments. (O) "Pension reserve" means the present value of any
pension, or benefit in lieu of any pension, computed upon the
basis of mortality and other tables of experience and
interest the
board shall from time to time adopt. (P) "Deferred pension" means a pension for which an
eligible
member of the system has made application and which is
payable as
provided in division (A) or (B) of section 5505.16 of
the Revised
Code. (Q) "Retirement" means termination as an employee of the
state highway patrol, with application having been made to the
system for a pension or a deferred pension. (R) "Fiduciary" means any of the following: (1) A person who exercises any discretionary authority or
control with respect to the management of the system, or with
respect to the management or disposition of its assets; (2) A person who renders investment advice for a fee,
direct
or indirect, with respect to money or property of the
system; (3) A person who has any discretionary authority or
responsibility in the administration of the system. (S)(1) Except as otherwise provided in this division,
"salary" means all compensation, wages, and other earnings paid
to
a member by reason of employment but without regard to whether
any
of the compensation, wages, or other earnings are treated as
deferred income for federal income tax purposes. Salary includes
all of the following: (a) Payments for shift differential, hazard duty,
professional achievement, and longevity; (b) Payments for occupational injury leave, personal
leave,
sick leave, bereavement leave, administrative leave, and
vacation
leave used by the member; (c) Payments made under a disability leave program
sponsored
by the state for which the state is required by section
5505.151
of the Revised Code to make periodic employer and
employee
contributions to the retirement system. (2) "Salary" does not include any of the following: (a) Payments resulting from the conversion of accrued but
unused sick leave, personal leave, compensatory time, and
vacation
leave; (b) Payments made by the state to provide life insurance,
sickness, accident, endowment, health, medical, hospital, dental,
or surgical coverage, or other insurance for the member or the
member's family, or amounts paid by the state to the member in
lieu of
providing that insurance; (c) Payments for overtime work; (d) Incidental benefits, including lodging, food, laundry,
parking, or services furnished by the state, use of property or
equipment of the state, and reimbursement for job-related
expenses
authorized by the state including moving and travel
expenses and
expenses related to professional development; (e) Payments made to or on behalf of a member that are in
excess of the annual compensation that may be taken into account
by the retirement system under division (a)(17) of section 401 of
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.
401 (a)(17), as amended; (f) Payments made under division (B), (C), or
(D)(E) of
section
5923.05 of the Revised Code
or, Section 4 of Substitute
Senate
Bill
No. 3 of the 119th general assembly, or Section 3 of
Senate
Bill
No. 173 of the 124th general assembly. (3) The retirement board shall determine by rule whether
any
compensation, wages, or earnings not enumerated in this
division
are salary, and its decision shall be final. (T) "Actuary" means an individual who satisfies all
of the
following requirements: (1) Is a member of the American academy
of actuaries; (2) Is an associate or fellow of the society of actuaries; (3) Has a minimum of five years' experience in providing
actuarial
services to public retirement plans.
Sec. 5923.05. (A)(1) Permanent public employees, as
defined
in section 5903.01 of the Revised Code, who are members
of the
Ohio organized militia, or members of other reserve components of
the armed forces of the United States, including the Ohio
national
guard, are entitled to leave of absence from their
respective
positions without loss of pay for the time they are performing
service in the uniformed services,
as defined in section 5903.01
of the
Revised Code for periods of up to one month, for each
calendar year in which
they are performing service in the
uniformed services. (2) As used in this section,: (a) "calendar
Calendar year" means the
year beginning on the
first day of January and ending on the last
day of December, and. (b) "month
Month" means twenty-two eight-hour work days
or
one
hundred seventy-six hours within one calendar year.
(c) "Permanent public employees" and "uniformed services"
have the same meanings as in section 5903.01 of the Revised Code. (d) "State agency" means any department, bureau, board,
commission, office, or other organized body established by the
constitution or laws of this state for the exercise of any
function of state government, the general assembly, all
legislative agencies, the supreme court, the court of claims, and
the state-supported institutions of higher education. (B) Except as otherwise provided in division
(C)(D) of this
section, any permanent public employee
who is employed by a
political subdivision and who is entitled to the
leave provided
under division (A) of this section and who is
called or ordered to
the uniformed services for longer than a
month, for each
calendar
year in which the employee performed
service in the
uniformed
services, because of an executive order
issued by the president of
the
United States or an act of congress
is entitled, during the
period designated
in the order or act, to
a leave of absence and
to be paid, during each
monthly pay period
of that leave of
absence, the
lesser of the following: (1) The difference between the permanent public employee's
gross monthly wage or
salary as
an officer or
a permanent public
employee and the sum of
the permanent public employee's gross
uniformed pay and allowances received that month; (2) Five hundred dollars. (C)
Except as otherwise provided in division (D) of this
section, any permanent public employee who is employed by a state
agency and who is entitled to the leave provided under division
(A) of this section and who is called or ordered to the uniformed
services for longer than a month, for each calendar year in which
the employee performed service in the uniformed services, because
of an executive order issued by the president of the United States
or an act of congress is entitled, during the period designated in
the order or act, to a leave of absence and to be paid, during
each monthly pay period of that leave of absence, the difference
between the permanent public employee's gross monthly wage or
salary as a permanent public employee and the sum of the permanent
public employee's gross uniformed pay and allowances received that
month. (D) No permanent public employee shall receive payments
under division (B)
or (C) of this section if the sum of the
permanent
public employee's gross
uniformed pay and allowances
received in a
pay period exceeds the employee's gross
wage or
salary as a
permanent public employee for that
period or if the
permanent
public employee is receiving pay
under division (A) of
this
section. (D)(E) Any political subdivision of the state, as defined in
section
2744.01 of
the Revised Code, may elect to
pay any of its
permanent public employees who are entitled to the
leave provided
under division (A) of this section and who are
called or ordered
to the uniformed services
for longer than one month, for each
calendar year in which
the employee performed service in the
uniformed services,
because of an executive order issued by the
president or an act
of congress, such payments, in addition to
those
payments required by division (B) of this section, as may be
authorized by the legislative authority of the political
subdivision.
(E)(F) Each permanent public employee who is entitled to
leave
provided under division (A) of this section shall submit to
the
permanent public employee's appointing authority the
published
order authorizing the
call or order to the uniformed services or a
written statement from the appropriate
military commander
authorizing that service, prior to
being
credited
with
such
that
leave.
(F)(G) Any permanent public employee of a political
subdivision
whose employment is governed by a collective
bargaining agreement
with provision for the
performance of service
in the uniformed
services shall
abide by the terms of that
collective bargaining
agreement with
respect to the performance of
such
that service,
except
that no collective bargaining
agreement
may afford fewer
rights and benefits than are conferred under this
section.
Sec. 5923.051. Notwithstanding sections 1751.54, 3923.381,
and 3923.382 of the Revised Code, the state and
any agency,
authority, commission, or board of the state, at the
request of
any person who is employed by the state or any of those
entities
who is called to active duty as described in division
(B) of
section 5923.05 of the Revised Code, or at the request of
the
spouse or dependent of such a person, shall continue or
reactivate
the health, medical, hospital, dental, vision, and
surgical
benefits coverage of the person, whether provided by an insurance
company, health insuring corporation, or other health plan or
entity, for the duration of the time the person is
on active duty
as described in that division. The person, or the
spouse or
dependent of the person, who requests the continuation
or
reactivation of the coverage and the employing state or state
entity are each liable for payment of the same costs for the
coverage as if the person were not on a leave of absence. SECTION 2. That existing sections 145.01, 742.01, 1751.54,
3307.01,
3309.01, 5505.01, and 5923.05 of the Revised Code are
hereby
repealed. SECTION 3. Any person who is entitled to additional payments
provided
under division (B) or (C) of section 5923.05 of the
Revised Code,
as
amended by this act, shall receive the payments
based upon the
later of October 1, 2001, or the date the person's
leave of
absence began due to being called to active duty as
specified in
that division. If the person was called to active
duty before
the
effective date of this act and that person is
entitled to
additional benefits under that division, as amended by
this act,
the person's employing entity shall
pay, in a lump sum,
the person
the additional amount due. SECTION 4. Beginning October 1, 2003, and continuing as long
as section 5923.05 of the Revised Code is in effect, a joint
committee consisting of the standing committees of the House of
Representatives and Senate to which matters concerning veterans
affairs are normally referred shall biennially review the
provisions of that section. Upon completion of each biennial
review, the joint committee shall issue a report to the Governor,
the Speaker of the House of Representatives, and the President of
the Senate. The report shall make recommendations for changes to
that section that the joint committee determines to be necessary.
SECTION 5. (A) The Governor is hereby authorized to execute
a deed in the name of the state conveying to the Village of
Grafton (the "grantee"), and its successors and assigns or heirs
and assigns, all of the state's right, title, and interest in the
following described real estate: Situated in the Village of Grafton, County of Lorain, State
of Ohio and known as being a part of Original Grafton Township Lot
5, also known as being a portion of a parcel of land conveyed to
State of Ohio and being further bounded and described as follows:
Commencing at the intersection of the centerline of Wooster
Avon Lake Road (S.R. 83) and the southeast corner of said Lot 5,
thence along the said centerline of Wooster Avon Lake Road (S.R.
83) and the east line of said Lot 5, N 1° 11' 22" E for a distance
of 1969.35 feet to a point, said point being the True Place of
Beginning of the parcel of land hereinafter described, thence
clockwise along the following four (4) courses and distances:
1) Thence N 88° 48' 38" W for a distance of 230.00 feet to a
5/8 inch rebar with cap GPD set, passing over a 5/8 inch rebar
with cap GPD set at a distance of 30.00 feet;
2) Thence N 1° 11' 22" E for a distance of 190.00 feet to a
5/8 inch rebar with cap GPD set;
3) Thence S 88° 48' 38" E for a distance of 230.00 feet to a
point on the east line of said Lot 5, passing over a 5/8-inch
rebar with cap GPD set at a distance of 200.00 feet;
4) Thence S 1° 11' 22" W for a distance of 190.00 feet to
the True Place of Beginning and containing 1.0032 acres (43,700
square feet) of land, more or less, and subject to all easements,
restrictions and covenants of record as surveyed under the
supervision of James E. Karing, P.S. Number 7539, for GPD
Associates, in September of 2000.
The Basis of Bearing is to an assumed meridian and is used to
delineate angles only.
(B) Consideration for the conveyance of the real estate
described in division (A) of this section shall be $4,500.00 (the
appraised value) and shall be paid to the state at closing and
transfer of title in accordance with this section.
(C) The real estate described in division (A) of this
section shall be sold as an entire tract and not in parcels.
(D) The grantee shall pay all costs associated with the
purchase and conveyance of the real estate described, in division
(A) of this section, including, but not limited to, recordation
costs of the Governor's Deed.
(E) Within ninety days of the effective date 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 grantee at
closing. The grantee shall present the deed for recording in the
Office of the Lorain County Recorder.
(F) The net proceeds of the sale of the real estate
described in division (A) of this section shall be deposited in
the state treasury to the credit of the General Revenue Fund.
(G) 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 Village of
Grafton (the "grantee"), and its successors and assigns or heirs
and assigns, all of the state's right, title, and interest in the
following described real estate:
Situated in the Village of Grafton, County of Lorain, State
of Ohio and known as being a part of the Original Eaton Township
Lot 58, also known as being a portion of a parcel of land conveyed
to State of Ohio as recorded in Deed Book 186, Page 369 of said
County's records, and being further bounded and described as
follows:
Commencing at the intersection of the centerline of Wooster
Avon Lake Road (S.R. 83, Variable Width) and the south right of
way line of C.C.C. and ST. L. Railroad (100 feet wide), said
intersection is also the northeast corner of a parcel of land
conveyed to the Ohio Edison Company as recorded in Deed Book 865,
Page 66, thence along said centerline and the east line of said
Ohio Edison Company, S 0° 46' 17" W for a distance of 360.30 feet
to a southeast corner of said Ohio Edison, said corner being the
True Place of Beginning of the parcel of land hereinafter
described, thence clockwise along the following six (6) courses
and distances:
1) Thence continuing along said centerline, S 0° 46' 17" W
for a distance of 208.47 feet to a point;
2) Thence N 89° 10' 43" W for a distance of 373.54 feet to a
5/8 inch rebar with cap "GPD" set, passing over a 5/8 inch rebar
with cap "GPD" set, passing over a 5/8 inch rebar with cap "GPD"
set at a distance of 40.44 feet;
3) Thence N 0° 57' 22" E for a distance of 200.00 feet to a
5/8 inch rebar with cap "GPD" set;
4) Thence N 55° 33' 29" E for a distance of 150.00 feet to a
5/8 inch rebar with cap "GPD" set on the west line of said Ohio
Edison;
5) Thence along said west line, S 0° 57' 22" W for a
distance of 78.13 feet to a 1 inch pipe found at the southwest
corner of said Ohio Edison;
6) Thence along the south line of said Ohio Edison, S 89°
10' 43" E for a distance of 250.60 feet, passing over a 1 inch
pipe found at a distance of 210.60 feet, to the True Place of
Beginning and containing 1.8839 acres (872,062 sq. ft.) of land,
more or less, and subject to all easements, restrictions and
covenants of record as surveyed under the supervision of James E.
Karing, P.S. Number 7539 for GPD Associates in August of 2000.
The Basis of Bearing is to an assumed meridian and is used to
delineate angles only.
(B) Consideration for the conveyance of the real estate
described in division (A) of this section shall be $13,100.00 (the
appraised value) and shall be paid to the state at closing and
transfer of title in accordance with this section.
(C) The real estate described in division (A) of this
section shall be sold as an entire tract and not in parcels.
(D) Possession of the premises prior to transfer shall be
governed by an existing lease between the state and the grantee.
(E) The grantee shall pay all costs associated with the
purchase and conveyance of the real estate described in division
(A) of this section, including, but not limited to, recordation
costs of the Governor's Deed.
(F) Within ninety days of the effective date 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 grantee at
closing. The grantee shall present the deed for recording in the
Office of the Lorain County Recorder.
(G) The net proceeds of the sale of the real estate
described in division (A) of this section shall be deposited in
the state treasury to the credit of the General Revenue Fund.
(H) 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,
and its successors and assigns or heirs and assigns, all of the
state's right, title, and interest in the following described real
estate:
Situated in the State of Ohio, County of Franklin, City of
Columbus, Quarter Township 4, Township 1, Range 18, United States
Military Lands and being 5.334 acres out of those tracts as
conveyed to the State of Ohio (Ohio Expositions Commission) of
record in Instrument Number 200004250079990, Official Record
3205B12 and Deed Book 1751, Page 119 and being 0.491 acre out of
the right-of-way and limited access right-of-way of I-71, (all
references refer to the records of the Recorder's Office, Franklin
County, Ohio) and described as follows:
Beginning at concrete monument found marking the intersection
of the southerly right-of-way line of Hudson Street, as shown in
the deed to the City of Columbus of record in Deed Book 2237, Page
270, with the westerly right-of-way line of I-71, as shown in
Franklin County Common Pleas Court Entry 20381, Parcel No. 11,
witness a concrete monument found North 86° 23' 18" West, with
said southerly right-of-way line, a distance of 104.92 feet;
thence South 35° 01' 51" East, with said westerly
right-of-way line, a distance of 469.79 feet to an iron pin set;
thence across said State of Ohio tract (Instrument Number
200004250079990), the following courses:
South 67° 08' 17" West, a distance of 42.70 feet to an iron
pin set at a point of curvature;
with a curve to the left, having a central angle of 47° 02'
26" and a radius of 25.00 feet, a chord bearing and distance of
South 43° 37' 04" West, 19.95 feet to an iron pin set at a point
of tangency;
South 20° 05' 51" West, a distance of 32.60 feet to an iron
pin set at a point of curvature;
with a curve to the left, having a central angle of 80' 17'
27" and a radius of 57.00 feet, a chord bearing and distance South
20° 02' 51" East, 73.68 feet to an iron pin set at a point of
reverse curvature;
with a curve to the right, having a central angle of 09° 54'
01" and a radius of 1042.86 feet, a chord bearing and distance of
South 55° 14' 34" East, 179.97 feet to a railroad spike found in
the westerly limited access right-of-way of said I-71;
thence with said westerly limited access right-of-way line of
said I-71, the following courses:
South 41° 15' 29" East, a distance of 466.29 feet to a point
0.09 feet north and 0.23 feet east of the center of a concrete
monument found;
South 49° 35' 24" East, a distance of 354.24 feet to an iron
pin set on a curve;
thence leaving said westerly limited access right-of-way line
and across said I-71, the following courses:
with a curve to the left, having a central angle of 05° 43'
52" and a radius of 976.00 feet, a chord bearing and distance of
South 52° 29' 24" East, 97.59 feet to an iron pin set;
South 55° 21' 20" East, a distance of 302.07 feet to an iron
pin set in said westerly limited access right-of-way line;
thence with said westerly limited access right-of-way line,
the following courses:
South 86° 24' 12" East, a distance of 33.07 feet to an iron
pin set;
South 66° 04' 07" East, a distance of 144.40 feet to an iron
pin set;
South 03° 23' 18" West, a distance of 56.62 feet to an iron
pin set;
thence across said I-71, the following courses:
South 55° 21' 20" East, a distance of 80.81 feet to an iron
pin set on a curve;
with a curve to the right, having a central angle of 09° 42'
09" and a radius of 520.50 feet, a chord bearing and distance of
South 50° 26' 07" East, 88.04 feet to an iron pin set in said
westerly limited access right-of-way line; thence South 86° 24' 12" East, with said westerly limited
access right-of-way line, a distance of 22.95 feet to an iron pin
set on a curve;
thence partly across the right-of-way of said I-71 and partly
across said State of Ohio tract (Deed Book 1751, Page 119) with a
curve to the right, having a central angle of 29° 49' 20" and a
radius of 535.79 feet, a chord bearing and distance of South 29
48' 54" East, 257.62 feet to an iron pin set;
thence across said State of Ohio tract (Deed Book 1751, Page
119), the following courses:
South 15° 54' 14" East, a distance of 72.16 feet to an iron
pin set at a point of curvature;
with a curve to the left, having a central angle of 96° 59'
48" and a radius of 33.04 feet, a chord bearing and distance of
South 64° 24' 08" East, 49.49 feet to an iron pin set at a point
of compound curvature;
with a curve to the left, having a central angle of 27° 56'
32" and a radius of 200.61 feet, a chord bearing and distance of
North 53° 07' 42" East, 96.87 feet to an iron pin set at a point
of tangency;
North 39° 09' 26" East, a distance of 36.90 feet to an iron
pin set in the westerly limited access right-of-way of said I-71;
thence with said westerly limited access right-of-way line,
the following courses:
North 03° 23' 18" East, a distance of 60.00 feet to an iron
pin set; South 43° 40' 38" East, a distance of 137.65 feet to an iron
pin set; thence across said State of Ohio tracts, (Deed Book 1751,
Page 199 and Official Record 32051B12) the following courses:
South 38° 57' 54" West, a distance of 397.43 feet to an iron
pin set;
South 89° 04' 45" West, a distance of 69.68 feet to an iron
pin set;
North 00° 55' 15" West, a distance of 74.38 feet to an iron
pin set;
North 03° 12' 38" East, a distance of 107.34 feet to an iron
pin set on a curve;
with a curve to the left, having a central angle of 58° 25'
41" and a radius of 465.00 feet, a chord bearing and distance of
North 26° 04' 22" West, 453.91 feet to an iron pin set at a point
of tangency;
North 55° 21' 20" West, a distance of 582.40 feet to an iron
pin set on a curve;
with a curve to the right, having a central angle of 05° 43'
53" and a radius of 1036.00 feet, a chord bearing and distance of
North 52° 29' 24" West, 103.59 feet to an iron pin set at a point
of tangency;
thence North 49° 37' 28" West, partly across said State of
Ohio tract partly with an easterly line of that tract as conveyed
to Lowe's Home Centers, Inc. of record in Instrument Number
200103280062954, a distance of 343.68 feet to an iron pin set at a
point of curvature in an easterly line of said Lowe's Home Centers
tract;
thence partly with an easterly line of said Lowe's Home
Centers tract and partly with an easterly line of the remainder of
that tract as conveyed to Crewville, Ltd. of record in Instrument
Number 199906070144361, being a curve to the right, having a
central angle of 07° 52' 17" and a radius of 536.00 feet, a chord
bearing and distance of North 45° 41' 20" West, 73.58 feet to an
iron pin set at a point of tangency;
thence with the easterly perimeter of said Crewville tract,
the following courses:
North 41° 45' 11" West, a distance of 256.72 feet to an iron
pin set at a point of curvature in an easterly line of said
Crewville tract;
with a curve to the left, having a central angle of 18° 26'
24" and a radius of 964.00 feet, a chord bearing and distance of
North 50° 58' 23" West, 308.92 feet to an iron pin set at a point
of reverse curvature;
with a curve to the right, having a central angle of 80° 17'
27" and a radius of 136.00 feet, a chord bearing and distance of
North 20° 02' 52" West, 175.37 feet to an iron pin set at a point
of tangency;
North 20° 05' 51" East, a distance of 71.16 feet to an iron
pin set at a point of curvature;
with a curve to the left, having a central angle of 75° 00'
00" and a radius of 57.00 feet, a chord bearing and distance of
North 17° 24' 09" West, 69.40 feet to an iron pin set at a point
of tangency;
North 54° 54' 09" West, a distance of 132.43 feet to an iron
pin set at a point of curvature;
with a curve to the right, having a central angle of 52° 14'
44" and a radius of 228.00 feet, a chord bearing and distance of
North 28° 46' 48" West, 200.78 feet to an iron pin set at a point
of tangency;
North 02° 39" 34" West, a distance of 38.64 feet to an iron
pin set in said southerly right-of-way line of Hudson Street;
thence South 86° 23' 18" East, with said southerly
right-of-way line, a distance of 71.95 feet to the Point of
Beginning and containing 5.825 acres, more or less, excepting
therefrom those lands now owned by the City of Columbus.
Subject, however, to all legal rights-of-ways and/or
easements, if any, of previous record. Iron pins set, where
indicated, are iron pipes, thirteen-sixteenth (13/16) inch inside
diameter, thirty (30) inches long with a plastic plug placed in
the top bearing the initials EMH&T, INC.
Bearings herein are based on North 03° 58' 15" West, as
determined between monuments FRANK 62 and FRANK 62AZ.
(B) Consideration for the conveyance of the real estate
described in division (A) of this section shall be the mutual
benefit and exchange of services provided under a Real Estate
Purchase Agreement executed by Crewville, Ltd., on November 24,
1999, by the City of Columbus on December 1, 1999, and by the
State of Ohio through its Director of Administrative Services on
December 30, 1999, with the concurrence of the General Manager of
the Ohio Expositions Commission and the Director of the Ohio
Historical Society. Such terms and conditions expressly provided
for Crewville, Ltd., upon conveyance of approximately 32.5 acres
of land to the state of Ohio, to construct a three-lane roadway
connecting Velma Avenue and Silver Drive in Columbus. Once the
roadway is completed, the state of Ohio will seek to transfer said
roadway to the City of Columbus and dedicate the roadway to the
public's use. The City of Columbus, as provided in the Real
Estate Purchase Agreement, agrees to accept the Governor's Deed
and assume responsibility for all maintenance and upkeep of the
roadway, following transfer from the state.
(C) The General Assembly finds that the mutual benefit and
exchange of services accruing to the State of Ohio from the
conveyance of the real estate under this section is in the best
interests of the State of Ohio and specifically beneficial to the
Ohio Expositions Commission and the Ohio Historical Society.
(D) Within one year of the date the roadway described in
division (A) of this section has been completed to the sole
satisfaction of the Director of Administrative Services, 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 as mutual
benefit and exchange of services. 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 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 the costs of the
conveyance of the real estate described in division (A) of this
section.
(F) This section expires two years after its effective date.
SECTION 8. (A) The Adjutant General has determined that the
following described property is no longer needed by the Ohio
National Guard for armory or military purposes and has requested
the Department of Administrative Services to assist in
transferring this parcel. The reversionary language contained in
the deed whereby the Adjutant General acquired this property
requires that the property revert back to the Medina County Joint
Vocational School if the property ceases to be used for military
purposes. The Director of Administrative Services is hereby
authorized to give proper effect to the reversionary language in
the original deed. A Governor's Deed shall be prepared by the
Auditor of State with the assistance of the Attorney General, to
be executed by the Governor, countersigned by the Secretary of
State, sealed with the Great Seal of the State, and presented for
recording in the Office of the Auditor of State. The deed shall
be delivered to the original grantor of the property for recording
in the Office of the Medina County Recorder. The Governor is
hereby authorized to execute the deed in the name of the state,
granting all of the state's right, title, and interest in the
parcel described as follows:
Situated in the City of Medina, County of Medina and State of
Ohio: and known as being a part of City Lot 3553, bounded and
described as follows:
Beginning at a point in the Southeast corner of Lot 3553, the
centerline of Norwalk Road (State Route 18
& 57) and the Southwest
corner of lands now or formerly owned by Jack R.
& Patricia Ruby
as recorded in Deed Vol. 493, Pg. 573 of the Medina County
Records;
Thence North 45° 25' 36" West along the Centerline of Norwalk
Road and the South line of Lot 3553 a distance of 71.77 feet to a
break point;
Thence North 44° 27' 36" West along the centerline of Norwalk
Road and the South line of Lot 3553 a distance of 213.69 feet to a
point at the TRUE PLACE OF BEGINNING of the parcel herein
described;
Thence continuing North 44° 27' 36" West along the centerline
of Norwalk Road and the South line of Lot 3553 a distance of
511.67 feet to a point;
Thence North 15° 49' 20" East a distance of 1104.66 feet to
an iron pin set, said line passing through an iron pin set 73.61
feet from the centerline of Norwalk Road;
Thence North 24° 39' 38" East a distance of 163.56 feet to an
iron pin set;
Thence South 59° 51' 11" East a distance of 212.58 feet to an
iron pin set in the West line of lands now or formerly owned by
L.J.
& M.H. Bosak as recorded in Deed Vol. 396, Pg. 346 of the
Medina County Records, the West line of Lot 22, Tract 2, of York
Township;
Thence South 00° 30' 32" West along the West line of Lot 22,
Tract 2, York Township and along the West line of said Bosak
property a distance of 49.52 feet to an iron pin found in the
Southwest corner of Lot 22, and the Northwest corner of Lot 3, now
or formerly owned by Signey H.
& Esther W. Lance as recorded in
Deed Vol. 423, Pg. 444 and Vol. 192, Pg. 476 of the Medina County
Records;
Thence South 00° 13' 28" East along the West line of Lot 3,
Tract 2, York Township and along the West line of said Lance
property a distance of 823.27 feet to an iron pin set;
Thence South 89° 46' 32" West a distance of 200.00 feet to an
iron pin set;
Thence South 00° 13' 28" East a distance of 596.33 feet to
the TRUE PLACE OF BEGINNING, said line passing through an iron pin
set 121.82 feet from the centerline of Norwalk Road, and
containing within said bounds 10.8154 Acres of Land, more or less,
but subject to all easements, restrictions, and rights-of-way of
record as surveyed by JAMES R. BOCK,
Registered Surveyor No. 6051
and CARL M. CLARK, Registered
Surveyor No. 6358 of BOCK
& CLARK,
INC., in August, 1981.
The above described parcel being known as new City Lot 4903.
(B) The grantee shall pay all costs associated with the
transfer and conveyance of the real estate described in division
(A) of this section, including, but not limited to, recordation
costs of the Governor's Deed.
(C) This section expires one year after its effective date. SECTION 9. (A) The Governor is hereby authorized to execute
a deed in the name of the state conveying to the Hamilton County
Alcohol and Drug Addiction Services Board (the "grantee"), and its
successors and assigns or heirs and assigns, all of the state's
right, title, and interest in the following described real estate:
Situate in the State of Ohio, Hamilton County and City of
Cincinnati, being parcel out of those lands conveyed to the State
of Ohio by Deed of Record in Deed Book 2553, Page 10, Recorder's
Office, Hamilton County, Ohio and being more particularly
described as follows:
Bound by Martin Luther King Jr. Drive (formerly Melish
Avenue) on the North; Donahue Avenue on the South; Burnet Avenue
on the East; and Highland Avenue on the West, to include the
grounds and buildings.
The description for the aforedescribed parcel was taken from
the Description appearing in the Deed of Record to the State of
Ohio, and recorded in Deed Book 2553, Page 10, Hamilton County
Recorder's Office, Hamilton County, Ohio, subject to all
easements, restrictions, and rights-of-way of record.
Further reference is made to Plat 1, Pages 4 through 6,
Burnet and Reeders Subdivision, Hamilton County Recorder's Office
and to File No. 5838, File No. 4912, File No. 1304, and to File
No. 4495 on file in the offices of the Ohio Department of
Administrative Services, General Services Division, Office of
Properties and Facilities, 4200 Surface Road, Columbus, Ohio
43228-1395.
(B) Consideration for the conveyance of the real estate
described in division (A) of this section shall be $600,000.00 and
shall be paid to the state according to the following schedule as
derived by mutual agreement reached between the state and the
grantee through an executed Offer to Purchase:
(1) $60,000.00 deposit upon full execution of the Offer to
Purchase.
(2) $135,000.00 at closing and transfer of title in
accordance with this act.
(3) $135,000.00 upon the first anniversary of the closing
date.
(4) $135,000.00 upon the second anniversary of the closing
date.
(5) $135,000.00 upon the third anniversary of the closing
date.
(C) The real estate described in division (A) of this
section shall be sold as an entire tract and not in parcels.
(D) The state stipulates that the Offer to Purchase has been
made pursuant to Section 21.01 of Am. Sub. H.B. 640 of the 123rd
General Assembly. Possession of the premises prior to transfer
shall be governed by an existing lease between the state and the
grantee.
(E) The grantee shall pay all costs associated with the
purchase and conveyance of the real estate described in division
(A) of this section, including, but not limited to, recordation
costs of the Governor's Deed.
(F) Within ninety days of the effective date 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 grantee at
closing. The grantee shall present the deed for recording in the
Office of the Hamilton County Recorder.
(G) The net proceeds of the sale of the real estate
described in division (A) of this section shall be deposited in
the state treasury to the credit of the General Revenue Fund.
(H) This section expires one year after its effective date.
SECTION 10. (A) The Governor is hereby authorized to execute
a deed in the name of the state conveying to Forest City
Enterprises, Inc. (the "grantee"), and its successors and assigns
or heirs and assigns, the State's Lessor's remainder interest
pursuant to a certain lease dated March 16, 2001, between the
state and grantee affecting the following described real estate:
Situated in the City of Cleveland, County of Cuyahoga and
State of Ohio, and known as being all of Blocks 9, 22, 23, and 24
in Burton Adams Halle and West's Subdivision of a part of Original
100 Acre Lots Nos. 354, 358, and 359 as shown by the recorded plat
in Volume 8, Page 32 of Cuyahoga County Map Records. Being all of
Sublots Nos. 61 to 86, both inclusive, 136 to 173, both inclusive,
183 to 285, both inclusive, in H.C. McDowell, Brayton et al.
Subdivision, of part of Original 100 Acre Lot No. 354 as shown by
the recorded plat in Volume 10, Page 23 of Cuyahoga County Map
Records, together with that portion of East 136th Street, Maxwell
Avenue, N.E., East 137th Place as shown by the vacation plat in
Volume 207, Page 14 of Cuyahoga County Map Records, together with
that portion of East 136th Street, East 137th Place, East 138th
Place, East 139th Street and East 140th Place, as shown by the
vacation plat in Volume 181, Page 33 of Cuyahoga County Records
Map Records, together with that portion of East 137th Street and
Topeka Avenue, N.E. as shown by the vacation plat in Volume 182,
Page 42 of Cuyahoga County Map Records, together with that portion
of East 136th Street, East 137th Place, East 137th Street, East
138th Place, East 139th Street, East 140th Place, Appleton Avenue,
N.E., and Topeka Avenue, N.E., as recorded by the Council of the
City of Cleveland by Ordinance No. 50967, together with other land
in Original 100 Acre Lot. No. 354, collectively forming a parcel
of land bounded and described as follows: Beginning in the center
line of Coit Road, N.E., 60 feet in width at its intersection with
the center line of East 140th Street, 60 feet in width; Course No.
1: Thence North 64 degrees 10 minutes 17 seconds West along the
center line of said Coit Road, N.E., 1519.71 feet to a point in
the Southwesterly corner of Block 9 in Burton, Adams, Halle and
West's Subdivision as aforementioned; Course No. 2: Thence North
62 degrees 26 minutes 50 seconds West along the center line of
said Coit Road, N.E., 178.98 feet to its intersection with the
Easterly line of Consolidated Rail Corporation right-of-way, being
also the Easterly line of "Parcel I" of land so conveyed to the
Cleveland
Short Line Railway Company by deed dated March 6, 1907,
and
recorded in Volume 1053, Page 47 of Cuyahoga County Records;
Course No. 3: Thence North 0 degrees 45 minutes 10 seconds East
along the Easterly line of said Consolidated Rail Corporation
right-of-way 207.32 feet to a point of curvature therein; Course
No. 4: Thence Northeasterly along the Easterly line of said
Consolidated Rail Corporation right-of-way being also the Easterly
line of land conveyed to the Cleveland Short Line Railway Company
by deed dated March 4, 1907, and recorded in Volume 1050, Page 322
of Cuyahoga County Records, being along the arc of a curve
deflecting to the right, 1,170.74 feet to its intersection with
the Southerly line of land conveyed to the City of Cleveland by
deed dated September 19, 1932, and recorded in Volume 4312, Page
688 of Cuyahoga County Records, being also the Southerly line of
the Cleveland Painesville and Eastern Railroad Company, said
curved line having a radius of 1,835.08 feet and chord which bears
North 19 degrees 16 minutes 17 seconds East a distance of 1,150.96
feet; Course No. 5: Thence Easterly along the Southerly line of
land so conveyed to the City of Cleveland, and along the arc of a
curve deflecting to the left 36.70 feet to its intersection with
the Westerly line of H.C. McDowell, Brayton et al. Subdivision as
aforementioned, said curved line having a radius of 440 feet and a
chord which bears North 78 degrees 24 minutes 36 seconds East a
distance of 36.70 feet; Course No. 6: Thence due South along the
Westerly line of said subdivision, 37.00 feet to its intersection
with the Southerly line of Aspinwall Avenue, N.E., 60 feet in
width; Course No. 7: Thence North 59 degrees 55 minutes 10
seconds East along the Southerly line of said Aspinwall Avenue,
N.E., 525.11 feet to its intersection with the Westerly line of
East 137th Street, 50 feet in width; Course No. 8: Thence South 0
degrees 14 minutes 25 seconds West along the Westerly line of said
East 137th Street 364.09 feet to a point in the Southerly line of
Maxwell Avenue, N.E., 50 feet in width; Course No. 9: Thence
South 89 degrees 43 minutes 00 seconds East along the Southerly
line of said Maxwell Avenue N.E., 179.91 feet to a point in the
Westerly line of East 138th Place, 12 feet in width; Course No.
10: Thence South 0 degrees 14 minutes 38 seconds West along the
Westerly line of said East 138th Place 530.20 feet to a point in
the Southerly line of Topeka Avenue, N.E., 50 feet in width;
Course No. 11: Thence South 89 degrees 44 minutes 22 seconds East
along the Southerly line of Topeka Avenue N.E., 479.00 feet to a
point in the Westerly line of East 140th Street as aforementioned;
Course No. 12: Thence South 0 degrees 14 minutes 38 seconds West
along the Westerly line of said East 140th Street, 240.00 feet to
the
Southeasterly corner of Sublot No. 66 in H.C. McDowell,
Brayton
et al. Subdivision, as aforementioned; Course No. 13:
Thence
South 89 degrees 45 minutes 22 seconds East at right angles
to
last described course, 30.00 feet to a point in the center line
of
said East 140th Street; Course No. 14: Thence South 0 degrees
14
minutes 38 seconds West along the center line of said East
140th
Street, 492.59 feet to an angle therein; Course No. 15:
Thence
South 2 degrees 31 minutes 43 seconds West along the center
line
of East 140th Street, 642.82 feet to the place of beginning,
including the Northerly one-half of Coit Road, N.E. and the
Westerly one-half of East 140th Street, according to a survey by
Garrett and Associates, Inc., Registered Engineers and Surveyors,
made in December, 1983, be the same more or less, but subject to
all legal highways.
Further Reference is made to a Deed dated November 26, 1985
of Record in Official Record, Volume 85-6659, Pages 28 through 33,
Cuyahoga County Recorder's Office, Cuyahoga County, Ohio, and to a
Plat of Survey, Map No. 2088-D, dated December 1983, on file in
the Offices of said Garrett and Associates, Inc., 2030 West 19th
Street, Cleveland, Ohio.
(B) Consideration for the conveyance of the real estate
described in division (A) of this section shall be $630,000.00 and
shall be paid to the state at closing and transfer of title in
accordance with this section.
(C) The real estate described in division (A) of this
section shall be sold as an entire tract and not in parcels.
(D) The deed shall state that upon transfer at closing, the
Lessor's interest to the premises, pursuant to a lease between the
state and grantee dated March 16, 2001, (as provided in Section 68
of Am. Sub. S.B. 230 of the 122nd General Assembly) shall merge
with the Lessee's interest. The deed shall further state the
restrictions regarding maintenance of an existing water tower as
provided in said lease shall be forthwith removed.
(E) The obligation of the Department of Administrative
Services to convey the premises to grantee is also subject to and
contingent upon (1) the grantee obtaining a binding unconditional
executed contract with the United States Department of Labor (the
"Job Corps Contract") for the construction of a Federal Job Corps
Center thereon on or before the closing of the premises and (2)
occurrence of simultaneous closings of this conveyance and the
closing of the Job Corps Contract. Possession of the premises
prior to transfer shall be governed by an existing lease between
the state and the grantee.
(F) The grantee shall pay all costs associated with the
purchase and conveyance of the real estate described in division
(A) of this section, including, but not limited to, recordation
costs of the Governor's Deed.
(G) Within ninety days of the effective date 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 grantee at
closing. The grantee shall present the deed for recording in the
Office of the Cuyahoga County Recorder.
(H) The net proceeds of the sale of the real estate
described in division (A) of this section shall be deposited in
the state treasury to the credit of the General Revenue Fund.
(I) This section expires one year after its effective date.
SECTION 11. (A) The Governor is hereby authorized to execute
a deed in the name of the state conveying to the Board of Ross
County Commissioners (the "grantee"), and its successors and
assigns or heirs and assigns, all of the state's right, title, and
interest in the following described real estate:
Situated in the Township of Union, County of Ross, State of
Ohio, and being a part of the premises (Par. 9-15-151) conveyed to
The Ohio Building Authority by Quit Claim Deed dated September 3,
1982 and recorded in Volume 456, Page 451 of the Ross County Deed
Records, and being more precisely described as follows:
Beginning at a point in the centerline of S.R. 104, said
point bears S 14° 06' 27" E, 30.00 feet from the existing
centerline intersection of S.R. 104 and Transformer Road (Pvt.);
Thence, with a new division line through the tract of which
this is a part S 75° 41' 47" W, 66.55 feet to a point in the east
line of AEP Substation Facility (Vol. 344, Pg. 673);
Thence, along three (3) lines of the said AEP Substation
Facility:
N 13° 55' 07" W, 7.20 feet to a point,
S 76° 14' 53" W, 99.96 feet to a point,
S 13° 47' 08" E, 8.17 feet to a point;
Thence, with (2) new division lines through the tract of
which this is a part:
S 75° 41' 47" W, 1546.61 feet to a point,
S 14° 18' 13" E, 1.13 feet to an iron pin (found) at the
northeast corner of Union-Scioto Schools (Vol. 371, Pg. 325);
Thence, along the north line of said Union-Scioto Schools
with the following three (3) courses:
S 70° 09' 53" W, 791.23 feet to an iron pin (found),
S 69° 55' 36" W, 244.87 feet to an iron pin (found),
S 48° 22' 52" W, 341.00 feet to a point in the centerline of
Egypt Pike C-127;
Thence, along the centerline of Egypt Pike N 51° 18' 52" W,
66.44 feet to a point;
Thence, along the south line of Union-Scioto Schools (Vol.
290, Pg. 50) with the following three (3) courses:
N 47° 10' 37" E, 25.52 feet to an iron pin (found),
N 49° 20' 16" E, 338.55 feet to a point, N 70° 01' 15" E, 254.99 feet to an iron pin (found);
Thence, along the south line of Union Scioto Schools (Vol.
346, Pg. 645) N 69° 55' 57" E, 100.37 feet to an iron pin (found);
Thence, along the south line of Union Scioto Schools (Vol.
371, Pg. 324) N 69° 42' 23" E, 699.69 feet to an iron pin (found);
Thence, with two (2) new division lines through the tract of
which this is a part;
S 14º 18' 13" E, 5.36 feet to a point, N 75º 41' 47" E, 1712.24 feet to a point in the centerline of
S.R. 104;
Thence, along the centerline of S.R. 104 S 14º 06' 27" E,
60.00
feet to the point of beginning. Containing 4.349 acres.
Bearings
are based upon magnetic north. All iron pins found are
5/8" dia.
Re-bar.
Being part of Auditor's Parcel Numbered 37-0915151.600
New
Auditor's Parcel Number ______________________
Subject to the existing road right-of-way of Egypt Pike C-127
and S.R. 104. Also being subject to all existing rights-of-way,
easements, and encroachments, recorded or unrecorded.
The foregoing description was based upon a survey made April
6, 1998 by Ernest L. Pritchard, Ohio Registered Professional
surveyor #6837.
Further reference is made to File No. 5764-B on file in the
offices of the Ohio Department of Administrative Services, General
Services Division, Office of Properties and Facilities, Real
Estate Services Section, 4200 Surface Road, Columbus, Ohio
43228-1395.
(B) Consideration for the conveyance of the real estate
described in division (A) of this section shall be $1.00 and other
valuable consideration including improvements to the roadway
previously completed by the Ross County Board of County
Commissioners.
(C) The real estate described in division (A) of this
section shall be sold as an entire tract and not in parcels.
(D) The grantee shall pay all costs associated with the
purchase and conveyance of the real estate described in division
(A) of this section, including, but not limited to, recordation
costs of the Governor's Deed.
(E) Within ninety days of the effective date 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 grantee at
closing. The grantee shall present the deed for recording in the
Office of the Ross County Recorder.
(F) The net proceeds of the sale of the real estate
described in division (A) of this section shall be deposited in
the state treasury to the credit of the General Revenue Fund. (G) This section expires one year after its effective date. SECTION 12. (A) The Governor is hereby authorized to execute a
deed in the name of the state conveying to the Union Scioto School
District (the "grantee"), and its successors and assigns or heirs
and assigns, all of the state's right, title, and interest in the
following described real estate as shown in Parcel A and Parcel B: Parcel
A14.409 Acres Tract
Situated in the Townships of Union and Scioto, County of
Ross, State of Ohio, being a part of V.M.S. No. 1418, and being
further bounded and described as follows: Beginning at a 5/8" iron
pin (found) in the southerly
right-of-way line of Moundsville
Road, said iron pin being the
northeasterly corner of a 27.88
acres tract as conveyed to the
Board of Education of the
Union-Scioto Local School District (D.B.
371, Page 325);
thence with the southerly right-of-way line of Moundsville
Road N 75 deg. 58 min. 43 sec. E, a distance of 358.02 ft. to a
5/8" iron pin (set); thence with a new division line S 13 deg. 51 min. 32 sec. E,
a distance of 1673.91 ft. to a 5/8" iron pin (set);
thence with another new division line S 45 deg. 02 min. 17
sec. W, a distance of 343.49 ft. to a 5/8" iron pin (set) in the
northeasterly right-of-way line of Egypt Pike;
thence with the northeasterly right-of-way line of Egypt Pike
N 53 deg. 57 min. 27 sec. W, a distance of 139.50 ft. to a 5/8"
iron pin (found), said iron pin being a corner to the
aforementioned 27.88 acres tract as conveyed to the Board of
Education of the Union-Scioto Local School District (D.B. 371,
Page 325); thence with the line of the Board of Education of the
Union-Scioto Local School District N 40 deg. 44 min. 33 sec. E, a
distance of 41.95 ft. to a 5/8" iron pin (found);
thence continuing with the line of the Board of Education of
the Union-Scioto Local School District N 14 deg. 08 min. 01 sec.
W, a distance of 1719.35 ft. to the beginning, containing 14.409
acres of land of which 12.822 acres are contained in Scioto
Township and 1.587 acres are contained in Union Township. Subject to all legal easements, restrictions, and
rights-of-way of record. Further, grantee shall not restrict or
obstruct the flow of water in the drainage ditch crossing the
above-described property. Bearings are based upon the record bearing (S 04 deg. 40 min.
17 sec. W) of the easterly line of the 10.636 acres tract as found
in Deed Book 451, Page 207.
The above description is a part of the 1288.60 acres tract as
conveyed to Ohio Building Authority and recorded in Deed Book 456,
Page 541 of the Ross County Recorder's Office and being Parcel No.
9-15-151.
Land surveyed in August 2001, under the direction of Eric N.
Lutz, Registered Professional Surveyor No. 7232, the survey plat
of which is referred to as Drawing No. S00-127A on file in the
office of McCarty Associates, Hillsboro, Ohio. Parcel B5.046 Acres TractSituated in the Township of Union, County of Ross, State of
Ohio, being a part of V.M.S. No. 542, and being further bounded
and described as follows: Beginning at a point in the easterly right-of-way line of
Sandusky Boulevard, said point being a corner to a 20.50 acres
tract as conveyed to the Board of Education of the Union-Scioto
Local School District (D.B. 346, Page 645) from which a 1/2" pin
(found) and a 1" iron pipe (found) bears N 78 deg. 55 min. 03 sec.
E, a distance of 0.60 ft.; thence with a new division line S 78 deg. 55 min. 03 sec. W,
a distance of 51.95 ft. to a 5/8" iron pin (set) in the westerly
right-of-way line of Sandusky Boulevard, said iron pin being in
the line of a 10.636 acres tract as conveyed to Phoebe H. McKell
and David R. McMillen (D.B. 541, page 207); thence with McKell's line and the right-of-way line of
Sandusky Boulevard for the next three calls:
(1) N 04 deg. 40 min. 17 sec. E, a distance of 33.86 ft. to
a concrete monument (found);
(2) N 15 deg. 13 min. 17 sec. E, a distance of 252.92 ft. to
a concrete monument (found);
(3) N 03 deg. 07 min. 44 sec. W, a distance of 41.07 ft. to a
5/8" iron pin (set);
thence with a new division line N 78 deg. 55 min. 03 sec. E,
passing a 5/8" iron pin (set) at 46.40 ft., a total distance of
649.51 ft. to a 5/8" iron pin (set); thence with another new division line S 19 deg. 45 min. 59
sec. E, a distance of 303.48 ft. to a 5/8" iron pin (set), said
iron pin being the northerly most corner of the aforementioned
20.50 acres tract conveyed to the Board of Education of the
Union-Scioto Local School District (D.B. 346, page 645);
thence with the northwesterly line of the Board of Education
of the Union-Scioto Local School District S 78 deg. 55 min. 03
sec. W, a distance of 770.33 ft. to the beginning, containing
5.046 acres of land. Subject to all legal easements, restrictions, and
rights-of-way of record.
Bearings are based upon the record bearing (S 04 deg. 40 min.
17 sec. W) of the easterly line of the 10.636 acres tract as found
in Deed Book 541, Page 207. The above description is a part of the 1288.60 acres tract as
conveyed to Ohio Building Authority and recorded in Deed Book 456,
Page 451 of the Ross County Recorder's Office and being Parcel No.
9-15-151.
Land surveyed in August 2001, under the direction of Eric N.
Lutz, Registered Professional Surveyor No. 7232, the survey plat
of with is referred to as Drawing No. S00-127A on file in the
office of McCarty Associates, Hillsboro, Ohio.
(B) Consideration for the conveyance of the real estate
described in division (A) of this section shall be $16,536.75. (C) The real estate described in division (A) of this
section shall be sold as an entire tract and not in parcels.
(D) The grantee shall pay all costs associated with the
purchase and conveyance of the real estate described in division
(A) of this section, including, but not limited to, recordation
costs of the Governor's Deed.
(E) Within ninety days of the effective date 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 grantee at
closing. The grantee shall present the deed for recording in the
Office of the Ross County Recorder.
(F) The net proceeds of the sale of the real estate
described in division (A) of this section shall be deposited in
the state treasury to the credit of the General Revenue Fund. (G) This section expires one year after its effective date.
SECTION 13. (A) The Governor is hereby authorized to execute
a deed in the name of the state conveying to the City of London
(the "grantee"), and its successors and assigns or heirs and
assigns, all of the state's right, title, and interest in the
following described real estate:
The following described 50.0000 acre tract is situated in the
State of Ohio, Madison County, Union Township, V.M.S. 8371, 5670,
6169, 8886, 6246, and 8881, and being part of a 90.00 acre tract
conveyed to the State of Ohio Prison Farm by Deed Book 134 Page
349 also being part of 489.77 acre tract also conveyed to the
State of Ohio Prison Farm by Deed Book 134 Page 347 and being more
particularly described as follows: Beginning at a point in the centerline of State Route 38 (Elm
Street) (60 foot right-of-way) said point being the northeast
corner of a 0.7739 acre tract conveyed to Joan M. Brill by
Official Record 97 Page 1151 also being corner to said 90.00 acre
tract and corner to the corporation line Thence, with said corporation line, the north line of said
0.7739 and a 5.0196 acre tract conveyed to Maurice E. and Nancy D.
Beathard by Official Record 23 Page 169 South 61 deg. 45 min. 26
sec. West passing a 1/2" diameter iron pin at 30.00 feet also
passing a 5/8" rebar and yellow plastic cap stamped "Cottrill
6858" previously set at the northern corner common to said 0.7739
and 5.0196 acre tracts at 260.05 feet a total distance of 732.70
feet to a 5/8" diameter rebar and yellow plastic cap stamped
"Cottrill 6858" previously set corner to a 16.1140 acre tract
conveyed to London First Presbyterian Church by Volume 161 Page 91
Thence, with the northwest line of said 16.1140 acre tract
and said corporation line South 57 deg. 06 min. 31 sec. West
distance of 452.96 feet to a 5/8" diameter rebar and yellow
plastic cap stamped "Cottrill 6858" previously set corner to a
67.4838 acre tract conveyed to D.C. Engineering and Development by
Official Record 105 Page 1518
Thence, with said northeast line of said 67.4838 acre tract
and continuing with said corporation line North 39 deg. 58 min. 29
sec. West a distance of 1123.48 feet to a 5/8" diameter rebar and
yellow plastic cap stamped "Cottrill 6858" previously set at the
northern most corner of said 67.4838 acre tract
Thence, across said 90.00 and 489.77 acre tract North 25 deg.
58 min. 05 sec. East passing the line between said tracts at
1194.27 feet also passing an iron pin and cap set at 1845.65 feet
a total distance of 1886.41 feet to a mag nail set in the
centerline of State Route 38 Thence, with said centerline the following two courses: 1.) South 21 deg. 25 min. 52 sec. East passing the eastern
corner common to said 90.00 and 489.77 acre tracts at 672.77 feet
a total distance of 809.94 feet to an angle point in said
centerline
2.) South 27 deg. 20 min. 15 sec. East a distance of
1.362.43
feet returning to the point of beginning containing
50.0000 more
or less acres of which 3.9343 acres is part of said
489.77 acre
tract and 46.0657 acres is part of said 90.00 acre
tract
Bearings are based on the northeast line of D.C. Engineering
and Development's 67.4838 acre tract as described in Official
Record 105 Page 1518 (South 39 deg. 58 min. 29 sec. East). This deed is subject to and with the benefit of all legal
highways, restrictions, easements, limitations, and reservations,
of record, if any and to zoning restrictions which have been
imposed thereon, if any. All iron pins set are 5/8 inch diameter
rebar with yellow plastic caps stamped "Cottrill 6858." This
description is based on a field survey performed May 17, 2000 by
James R. Cottrill registration #6858. (B) Consideration for the conveyance described in division
(A) of this section shall be the conveyance by the grantee to the
state of the following described real estate: The following described 63.9355 +/- acre tract is situated in
the State of Ohio, Madison County, Union Township VMS 8864
& 13567
being part of a 86.41 original acre tract (First Tract) conveyed
to Kennison A. Sims by Official Record 10 Page 1084 and being more
particularly described as follows:
Beginning at a point in the centerline of State Route 56 (60
foot right-of-way) said point being the southeastern corner of a
1.619 acre tract conveyed to Roger D.
& Vicky Windland by Deed
Book 281 Page 229.
Thence with said centerline South 34 deg. 34 min. 00 sec.
East a distance of 739.34 feet to the northern most corner of a
0.586 acre tract conveyed to Amanda V. Murray by Volume 286 Page
558. Thence with the northwest line of said 0.586 acre tract, also
the northwest line of 22.255 acre tract conveyed to Lamar Gossard
by Volume 234 Page 506, South 44 deg. 09 min. 04 sec. West passing
the northern corner common to said tracts at 191.00 feet a total
distance of 2039.59 feet to an iron pin and cap set in the east
line of a 1411.721 acre tract conveyed to the State of Ohio
(Prison Farm) by Deed Book 88 Page 554 said pin is also in the
line between VMS 13567 and VMS 5429/8744.
Thence with said line North 39 deg. 00 min. 14 sec. West a
distance of 908.49 feet to an iron pin and cap set. Thence with the east line of said 1411.721 acre tract North
04 deg. 33 min. 31 sec. West a distance of 1787.63 feet to a 6"
railroad rail used as a fence post corner to a 30.466 acre tract
conveyed to the State of Ohio, Prison Farm-Ohio Peace Officer
Training Council by Deed Book 88 Page 554. Thence with the southeast line of said 30.466 acre tract
North 54 deg. 13 min. 35 sec. East a distance of 274.41 feet to a
5/8" rebar
& yellow plastic cap stamped "Elliott PS-7759" found at
the northwest corner of 4.8679 acre tract conveyed to Philip B.
&
Nancy C. Wall by Official Record 44 Page 408. Thence with the southwest line of said 4.8679 acre tract
South 35 deg. 45 min. 54 sec. East passing a 5/8" rebar
& yellow
plastic cap stamped "Elliott PS-7759" found at the northwest
corner of 4.8281 +/- acre tract conveyed the Consolidated
Construction Products by Official 106 Page 2105, also passing a
iron pin and cap previously set at 469.70 feet found at the
northwest corner of 4.8016 +/- acre tract conveyed to Madison
County Tire Realty Co. by Official Record 100 Page 2611, a total
distance of 704.70 feet to an iron and cap set at the southern
most corner of said 4.8016 +/- acre tract. Thence across said 86.41 acre tract the following two new
courses:
1) South 35 deg. 45 min. 54 sec. East a distance of 633.74
feet to an iron pin and cap set 2) North 53 deg. 50 min. 45 sec. East a distance of 672.62
feet to a iron pipe
& aluminum cap stamped "5969 NCB" found at the
southern most corner of said Windland's 1.619 acre tract.
Thence with the southeast line of said 1.619 acre tract North
55 deg. 54 min. 20 sec. East passing an iron pipe
& aluminum cap
stamped "5969 NCB" found at 171.51 feet a total distance of 201.73
feet returning to the point of beginning containing 63.9355 +/-
acres.
Bearings are based on the centerline of State Route 56 (South
34 deg. 34 min. East) as described in Official Record 10 Page
1085.
This deed is subject to and with the benefit of all legal
highways, restrictions, easements, limitations, and reservations,
of record, if any and to zoning restrictions which have been
imposed thereon, if any.
All iron pins set are 5/8 inch diameter rebar with yellow
plastic caps stamped "Cottrill 6858."
This description is based on a field survey performed May 3,
2001 by James R. Cottrill registration #6858. (S010417 A) (C) The real estate described in divisions (A) and (B) of
this section shall be transferred as entire tracts and not in
parcels.
(D) The grantee shall pay all costs associated with the
transfer and conveyance of the real estate described in division
(A) of this section, including, but not limited to,
recordation
costs of the Governor's Deed.
(E) Within ninety days of the effective date 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 grantee at
closing. The grantee shall present the deed for recording in the
Office of the Madison County Recorder. (F) This section expires one year after its effective date.
SECTION 14. (A) The Governor is hereby authorized to execute
a deed in the name of the state conveying to a purchaser and the
purchaser's successors and assigns, or the purchaser's heirs and
assigns, all of the state's right, title, and interest in the
following described real estate: The subject is known as being Sublot No. 27 in The Van
Sweringen Company's Subdivision No. 14 or part of Original
Warrensville Township Lots Nos. 34 and 35, as shown by the
recorded Plat in Volume 50 of Maps Page 219 of Cuyahoga County
Records, and being 129.91 feet front on the Southerly side of
Shaker Boulevard, 31.57 feet on the turnout between the Southerly
line of Shaker Boulevard, and the Westerly line of Torrington
Road, 184.55 feet on the Westerly line, and 150 feet wide in the
rear, as appears by said Plat, be the same more or less, but
subject to all legal highways, easements, and restrictions of
record. (B) Consideration for the real estate described in division
(A) of this section, which was purchased for $380,000 in 1993,
shall be a purchase price acceptable to the
Board of Trustees of
Cleveland State University. (C) Upon payment of the purchase price by the purchaser, the
Auditor of State, with the assistance of the Attorney General,
shall prepare a deed to the real estate. The deed shall state the
consideration and shall be executed by the Governor in the name of
the state. The deed shall be 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 purchaser shall present the deed for recording in
the Office of the Cuyahoga County Recorder. (D) The net proceeds of the sale of the real estate
described in division (A) of this section shall be held in a
restricted reserve fund of Cleveland State University and shall be
used only for housing and housing allowances of future Presidents
of Cleveland State University. (E) This section shall expire one year after its effective
date.
SECTION 15. (A) The Governor is hereby
authorized to execute
a deed in the name of the state conveying to
Oxford Bible
Fellowship, and its successors and assigns, all of
the state's
right, title, and interest in the following described
real estate: Situate in the City of Oxford, Butler County, Ohio, being
part of Out Lot 55 of said City and being more particularly
described as follows: Beginning at a point in the south line of
said Out Lot 55, located North 89°42'45" West 89.00 feet from the
southwest corner of said Out Lot; thence continuing with the south
line of said Out Lot and with the north line of Chestnut Street,
North 89°42'45" West 162.93 feet to a
steel rod set; thence North
00°07'40" West 167.93 feet to an
existing corner, witness a steel
rod found; thence with the
Grantor's north line, South 89°48' East
162.93 feet to the
Grantor's northeast corner, witness a steel rod
found at South 89°48' East 0.30 feet; thence with the Grantor's
east line, South 00°07'40" East 168.18 feet to the point of
beginning, containing
27,380 square feet of land, more or less,
and being subject to any
easements or restrictions of record.
A plat of this survey is filed in Book ... Page ... of the
Butler County Engineer's Record of Land Surveys.
This description prepared by N. Randolph Bueche, Registered
Surveyor #6782 in Ohio.
(B) Consideration for the conveyance of the real estate
described in division (A) of this section is the purchase price of
$80,000.00. (C) 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. 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 Oxford Bible Fellowship. Oxford
Bible Fellowship shall present the deed for recording in the
Office of the Butler County Recorder.
(D) Oxford Bible Fellowship shall pay the costs of the
conveyance of the real estate described in division (A) of this
section. (E) The net proceeds of the sale of the real estate described
in division (A) of this section shall be deposited in the Miami
University General Fund.
(F) This section shall expire one year after its effective
date.
SECTION 16. (A) The Governor is hereby
authorized to execute
a deed in the name of the state conveying to
Concord Township, 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 Delaware, Township
of Concord, located in Farm Lot 2 in C. Baldwin's Virginia
Military Survey No. 1421, and being part of a 120.0 acre tract
conveyed to State of Ohio as conveyed in Deed Book 60, Page 469,
Delaware County Recorder's Office, and being more particularly
described as follows:
Beginning, for reference, at a railroad spike found in the
centerline of Dublin Road (State Route 745) marking the southeast
corner of said 120.0 acre tract and northeast corner of a 86.0
acre tract conveyed to Mary Janet Held in Deed Book 453, Page 776
and in the south line of Farm Lot 2;
thence South 80°27'12" West 1410.00 feet, along the south
line of Farm Lot 2 and said 120.0 acre tract and of a 0.918 acre
lease tract conveyed to Del-Co Water in Lease Volume 48, Page 218,
and north line of said 86.0 acre tract, to an iron pin found
marking the southwest corner of said 0.918 acre tract and being
the
principal place of beginning of the herein described tract:
thence continuing
South 80°27'12" West 999.61 feet, along the
south line of Farm Lot 2 and said 120.0 acre tract and north line
of said 86.0 acre tract, to a steel post found marking the
southwest corner of said 120.0 acre tract and the northwest corner
of said 86.0 acre tract and southeast corner of a 16.050 acre
tract conveyed to Richard A. Petke and Carol L. Bennington in Deed
Book 551, Page 538 and being the southwest corner of Farm Lot 2
and The southeast corner of Farm Lot 1;
thence North 03°10'43" West 995.43 feet, along the west line
of Farm Lot 2 said 120.0 acre tract and the east line of Farm Lots
1 and 4 and said 16.050 acre tract, to an iron pin found marking
the northwest corner of said 120.0 acre tract and the southwest
corner of a 26.481 acre tract conveyed to Concord Township
Trustees in Deed Book 578, Page 832;
thence
North 80°13'16" East 951.14 feet, along the north line
of said 120.0 acre tract and south line of said 26.481 acre tract,
to an iron pin set;
thence
South 07°58'55" East 793.44 feet, across said 120.0
acre tract, to the north line of said 0.918 acre lease tract, to
an iron pin set;
thence
South 80°27'12" West 40.26 feet, along the north line
of said 0.918 acre lease tract, to an iron pin found marking the
northwest corner of said 0.918 acre lease tract;
thence
South 09°32'48" East 200.00 feet, along the west line
of said 0.918 acre tract, to the principal place of beginning,
containing an area of
22.415 acres, more or less.
(B) Consideration for the conveyance of the real estate
described in division (A) of this section is the purchase price of
$47,100.00. (C) Concord Township 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. 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 Concord Township. Concord
Township shall present the deed for recording in the Office of the
Delaware County Recorder. (E) The net proceeds of the sale of the real estate described
in division (A) of this section shall be deposited in the state
treasury to the credit of the Department of Youth Services
Building Demolition Fund. (F) This section shall expire one year after its effective
date.
SECTION 17. (A) The Governor is hereby authorized to
execute
a deed in the name of the state conveying to the Board of
Ross
County Mental Retardation and Developmental Disabilities (the
"grantee"), and its successors and assigns or heirs and assigns,
all of the state's right, title, and interest in the following
described real estate:
Situated in the Township of Scioto, County of Ross, State of
Ohio, and being a part of the premises (Par. 16-3-375) conveyed to
the Ohio Building Authority by Quit Claim Deed dated September 3,
1982, and recorded in Volume 456, Page 451 of the Ross County Deed
Records, and being more precisely described as follows:
Beginning at a 1" dia. iron pipe (found) in the west line of
Barbara Mason (Vol. 507, Pg. 724), said iron pin bears S 28º48'58"
W, 43.40 feet from the most northerly corner of said Barbara
Mason;
Thence, along two (2) lines of said Barbara Mason: S
28°48'58" W, 72.10 feet to a 3/4" dia. iron pipe (found), S
30°56'41" W, 56.23 feet to an iron pin (set);
Thence, S 55°53'27" W, 70.58 feet to an iron pin (set); Thence, S50°36'23" W, 121.50 feet to a U.S.A. Monument #70
(found);
Thence S 29°58'59" E, passing another U.S.A. Monument #71
(found) at 423.85 feet, 440.12 feet to a point;
Thence, along the centerline of Adena Road T-1070 S 57°09'45"
W, 313.40 feet to a point;
Thence, along the north L/A right-of-way line of U.S.R. 35
with the following three (3) courses:
N 61°21'57" W, 84.44 feet to an iron pin (set),
N 54°14'22" W, 496.23 feet to a point,
N 16°54'48" W, 2.59 feet to an iron pin (set);
Thence, along the east line of the STY Company (Vol. 514, Pg.
30) and then Ronald Cuckler (Vol. 546, Pg. 968) N 56°48'13" E,
870.95 feet to a 5/8" dia. iron pin (found) with I.D. cap SLAGLE
6699;
Thence, S 14°51'51" E, 31.61 feet to the place of beginning.
Containing 6.064 acres. Bearings are based upon magnetic north.
Subject to the existing road right-of-way of Adena Road T-1070.
All iron pins set are 5/8" dia. re-bar with I.D. cap stamped
"PRITCHARD P.S. 6837."
The foregoing description was based upon a survey made March
27, 1998, by Ernest L. Pritchard, Ohio Registered Professional
Surveyor #6837. The property is subject to all easements,
restrictions, and rights of way of record.
Further reference is made to File No. 5764-A on file in the
offices of the Ohio Department of Administrative Services, General
Services Division, Office of Properties and Facilities, Real
Estate Services Section, 4200 Surface Road, Columbus, Ohio
43228-1395.
(B) The deed shall state that the consideration for the
conveyance of the real estate described in division (A) of this
section shall be $5,154.40.
(C) The real estate described in division (A) of this
section shall be sold as an entire tract and not in parcels.
(D) The grantee shall pay all costs associated with the
purchase and conveyance of the real estate described in division
(A) of this section, including, but not limited to, recordation
costs of the Governor's Deed.
(E) Within ninety days of the effective date 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 grantee at
closing. The grantee shall present the deed for recording in the
Office of the Ross County Recorder.
(F) The net proceeds of the sale of the real estate
described in division (A) of this section shall be deposited in
the state treasury to the credit of the General Revenue Fund.
(G) This section expires one year after its effective date. SECTION 18. (A) The Governor is hereby authorized to execute
a deed in the name of the state conveying to the United States of
America (the "grantee"), and its successors and assigns, all of
the state's right, title, and interest in the following described
real estate: A Description of a 1244.02 Acres (net)under the Jurisdiction of the Ohio Department ofRehabilitation and CorrectionsChillicothe, Ross County, Ohio,and being more particularly described as follows:(Parcel No. 1)
Situated in the Townships of Union and Scioto, County of
Ross, State of Ohio and bounded and described as follows:
Beginning at a point in the center of State Route 104 at the
centerline intersection of County Road 550, said point is
southeasterly corner of a tract conveyed to Ross County, Ohio
(Vol. 377, p. 289, Ross County Deed Records); thence with the
centerline and curvature of S.R. 104 and the northeasterly lines
of said Ross County, Ohio, tract
N 19°44'40" W 646.11 feet to a point,
N 20°21'27' W 221.41 feet to a point,
N 25°57'23" W 266.29 feet to a point,
N 32°13'36" W 200.05 feet to a point and
N 32°39'16" W 426.26 feet to a point at the intersection of
the centerline of Roberts Road; thence with the center of said
road
S 60°16'31" W 60.0 feet to a point; thence continuing with
curvature of the centerline of said road having chords bearing
S 36°25'30" W 117.17 feet to a point and
S 17°56'13" W 133.46 feet to a railroad spike in the center
of Roberts Road; thence with the easterly line of several small
lots
N 11°51'48" W 999.48 feet to a USA Monument #54; thence
N 11°45'27" W 11.45 feet to a point (formerly USA Monument
#55) at a corner to Uhrig (Vol. 373, p. 595, R.C.D.R.); thence
S 50°45'58" W 228.33 feet to a railroad spike set at a corner
to McCalla et al. (Vol. 438, p. 325, R.C.D.R.); thence with the
centerline of Co. Rd. 550 and said McCalla's northeasterly line
N 53°13'33" W 1296.52 feet to a point; thence with three
lines of said McCalla
S 37°38'34" W 1302.65 feet to an iron pin in the Limited
Access R/W line of the State of Ohio (U.S. Route 35, R/W Book 5,
p. 609), thence with three lines of said limited access R/W
S 49°44'50" E 982.38 feet to an iron pin and
S 52°20'03" E 694.0 feet to a point at a steel fence corner
post at a corner to Fields (Vol. 440, p. 587, R.C.D.R.), passing
an iron pin at 423.41 feet, and S 16°51'44" E 87.33 feet to a point at a steel fence corner
post at another corner to said Fields, thence continuing with said
Fields and Breakfield's (Vol. 439, p. 672, R.C.D.R.) lines
N 56°51'46" E 871.88 feet to an iron pin in the southwesterly
right-of-way line of Co. Rd. 550; thence
S 16°03'42" E 31.5 feet to an iron pin at a corner to Mason
(Vol. 340, p. 492, R.C.D.R.); thence with said Mason's lines
S 26°28'12" W 71.97 feet to a point, and
S 34°28'12" W 56.10 feet to a point; thence across a large
ditch
S 55°53'27" W 70.58 feet to a point at a corner to Miller
(Vol. 423, pg. 349, Tract 3, R.C.D.R.); thence with said Miller's
lines
S 50°36'28" W 121.50 feet to USA Monument #70 and
S 29°58'59" E 423.99 feet to USA Monument #71; thence across
Adena Road
S 27°23'32" E 33.60 feet to an iron pin set at a corner to a
tract conveyed to Ross County, Ohio (Vol. 395, p. 566, R.C.D.R.);
thence with three lines of said Ross County, Ohio, tract
S 42°32'17" W 88.69 feet to an iron pin set in a fence line
S 56°38'38" W 204.26 feet to an iron pin set in the Limited
Access R/W line (U.S. Route 35) and with said R/W line
S 54°43'46" E 713.45 feet to a point that bears S 31°00'23" E
15 feet from USA Monument #76; thence
S 31°00'23" E 290.80 feet to a point (former USA Monument
#77); thence
N 58°45'39" E 50.87 feet to a point (former USA Monument #78)
at a corner to Zander (Vol. 206, p. 73, R.C.D.R.); thence with
said Zander's lines
S 30°07'09" E 465.91 feet to a point and
S 49°54'34" E 299.30 feet to a point in a line of the Zander
Subdivision (P.B. 3, p. 135, R.C.P.B.); thence with said
subdivision line
S 15°12'30" W 183.16 feet to an iron pin set in a
northeasterly R/W line of the Chessie System Railroad; thence with
said railroad line
N 49°48'16" W 1980.70 feet to an iron pin set on the
northwesterly side of Adena Road, thence continuing with said
railroad lines
N 49°33'11" W 2513.17 feet to a USA Monument and
N 49°31'36" W 2560.53 feet to an iron pin set at a corner to
a tract conveyed to the State of Ohio (Vol. 350, p. 206,
R.C.D.R.); thence with five lines of said State of Ohio Tract
N 30°56'42" W 589.73 feet to a point, N 56°40'44" E 18 feet
to an iron pin set at a R/W fence,
N 33°19'19" W 650.00 feet to an iron pin set at a fence.
S 56°40'41" W 68.0 feet to a point in a ditch and
N 27°44'13" W 572.21 feet to an iron pin in a south line of
Betsch (Vol. 250, p. 516, R.C.D.R.); thence with said line of
Betsch and crossing U.S. Route 35
N 72°39'43" E 356.0 feet to an iron pin set in Co. Rd. 550 at
a corner to a tract conveyed to the Board of Education,
Union-Scioto Local School District (Vol. 304, p. 81, R.C.D.R.);
thence with the lines of said school tract and the northeasterly
right-of-way lines of Co. Rd. 550
S 67°00'58" E 440.56 feet to a point,
S 72°47'04" E 707.16 feet to a point and
S 74°04'31" E 333.39 feet to an iron pin set at a corner to
another Union-Scioto School tract (Vol. 290, P. 50, R.C.D.R.) and
in the southwesterly line of Egypt Pike Road; thence crossing said
road and with said school tract lines
N 49°22'09" E 42.00 feet to an iron pin set;
N 51°26'10" E 338.55 feet to an iron pin set at a fence and
along said fence
N 72°08'11" E 255.0 feet to an iron pin at a corner to
another Union-Scioto School tract (Vol. 346, p. 645, R.C.D.R.);
thence
N 72°08'09" E 100.00 feet to an iron pin at a corner to
another Union-Scioto School tract (Vol. 371, p. 324, R.C.D.R.);
thence with the lines of said school tract
N 71°45'36" E 699.70 feet to an iron pin,
N 11°03'10" W 524.54 feet to an iron pin set and
S 77°29'13" W 766.58 feet to an iron pin at a corner to the
above mentioned school tract of (Vol. 346, p. 645, R.C.D.R.);
thence with those school tract lines
N 17°59'35" W 849.57 feet to a point at a fence corner post,
S 80°46'52" W 770.33 feet to an iron pin set on the east side of
Sandusky Blvd. and
S 6°35'41" W 975.74 feet to an iron pin set; thence crossing
the right-of-way of Sandusky Blvd. (Vol. 341, p. 328, R.C.D.R.)
and with a school tract line
S 73°28'50" W 51.33 feet to a railroad spike set in Egypt
Pike Road at a corner to Betsch (Vol. 430, p. 608, R.C.D.R.);
thence with the lines of said Betsch
N 6°27'32" E 1015.25 feet to USA Monument #113,
N 17°00'32" E 252.92 feet to USA Monument #114, and
N 1°25'52" W 600.68 feet to USA Monument #116 at a corner to
Currier (Vol. 440, p. 133, R.C.D.R.); thence with a line of said
Currier and McKell (Vol. 269, p. 175, R.C.D.R.)
N 8°22'50" W 610.92 feet to an iron pin set, passing an iron
pin at 314.88 feet; thence continuing with the lines of said
McKell
N 03°24'38" E 255.64 feet to USA Monument #119, crossing the
right-of-way to reservoir site
N 3°36'43" E 66.08 feet to USA Monument #131 and
N 3°23'34" E 741.02 feet to USA Monument 133 in a south line
of Conaway (Vol. 422, p. 34, R.C.D.R.) thence with said line of
Conaway and crossing Sandusky Blvd.
N 80°29'10" E 156.09 feet to USA Monument #135 at a corner to
Roseboom (Vol. 393, p. 140, R.C.D.R.); thence with lines of said
Roseboom
N 80°36'40" E 894.76 feet to USA Monument #136 and
N 10°23'34" W 1447.16 feet to an iron pin set at a corner to
the Veterans Administration land, said pin bears S 10°23'33" E
101.51 feet from USA Monument #138; thence with the lines of the
Veterans Administration (per V.A. file #332, 1967 transfer to
Bureau of Prisons of 47 acres)
N 80°21'46" E 320.35 feet to a steel fence corner post,
S 12°06'14" E 613.80 feet to a steel fence corner post,
N 77°59'33" E 278.65 feet to a steel fence corner post,
N 12°06'14" W 453.45 feet to a steel fence corner post and
N 80°35'48" E 1034.61 feet to a point in the center of State
Route 104; passing a steel fence post at 810.4 feet; thence with
the center of said State Route 104
S 17°48'03" E 369.22 feet to a point in the center State
Route 104, with the curvature of State Route 104 having a chord
S 15°44'32" E 631.34 feet to a point in the center of S.R.
104, with S.R. 104
S 12°36'01" E 226.76 feet to an iron pin set in the center of
S.R. 104 with S.R. 104
S 12°17'19" E 1913.10 feet to a point in the center of S.R.
104 with S.R. 104
S 12°04'20" E 196.07 feet to an iron pin set in the center of
S.R. 104 and with the South line of Mound City Group National
Monument
N 77°53'41" E 2503.00 feet to low water level on the Scioto
River's westerly bank, passing iron pins at 1394.2 feet and 2400
feet; thence down the Scioto River along the westerly bank at low
water level having the chords
S 65°40'24" E 826.30 feet,
S 74°18'50" E 1077.88 feet,
S 85°35'58" E 776.57 feet,
S 87°50'44" E 526.29 feet,
S 87°51'00" E 550.00 feet,
S 74°56'15" E 564.53 feet,
S 40°00'00" E 500.00 feet,
S 26°00'00" E 400.00 feet,
S 16°00'00" E 600.00 feet,
S 23°13'10" W 541.56 feet,
S 51°42'30" W 526.04 feet,
S 82°26'58" W 374.82 feet,
S 61°08'21" W 1150.53 feet,
S 63°31'00" W 1618.62 feet,
S 55°12'30" W 176.75 feet,
S 40°00'53" W 570.15 feet,
S 22°26'43" W 498.51,
S 23°00'00" W 670.00 feet,
S 8°05'54" W 715.60 feet,
S 20°00'00" E 950.00 feet,
S 38°12'04" E 806.37 feet and
S 49°59'44" E 398.0 feet to a corner to Brewer and Brewer
Sons, Inc. (Vol. 355, p. 219, R.C.D.R.); thence with a line of
said Brewer's
N 83°50'34" W 64.02 feet to a point in the westerly bank of
the Scioto River; thence continuing with a curve to the left of
said Brewer's and Chapin (Vol. 352, p. 413, R.C.D.R.) having a
radius of 552 feet that bears S 6°09'25" W from the last mentioned
point and having an arc length of 1383.31 feet and chords
S 65°04'16" W 570.02 feet to an iron pin set,
S 9°16'20" W 461.53 feet to an iron pin set at a steel fence
post on the northeasterly right-of-way of the limited access
easement for U.S. Route 35 (R/W Book 5, p. 609, Ross County R/W
Book Records) and
S 31°25'52" E 304.19 feet to a point at the end of the curve
and corner to said Chapin; thence continuing with the lines of
said Chapin (also Vol. 391, p. 265, R.C.D.R.)
S 47°25'36" E 125.0 feet to a point,
S 20°24'35" E 130.16 feet to a point,
N 52°20'47" W 601.64 feet to a point,
S 69°41'15" W 257.97 feet to an iron pin set,
S 24°10'12" E 140.22 feet to an iron pin set and
S 4°28'57" E 179.61 feet to an iron pin set in the
northeasterly right-of-way line of the Chessie System Railroad;
thence with said line
N 49°47'45" W 323.94 feet to a point at the northeasterly
right-of-way line of S.R. 104; thence along the northeasterly
lines of the Zander Subdivision (P.B. 3, p. 135, R.C.P.B.) and
Adamsville Subdivision (P.B. 2, p. 36, R.C.P.B.)
N 35°20'03" W 358.60 feet to a point on the former
right-of-way line of S.R. 104,
N 29°38'04" W 604.36 feet to a point,
N 28°37'54" W 382.05 feet to a point and N 29°32'02" W 337.49
feet to an iron pin in the center of Co. Rd. 550 at a corner to a
tract conveyed to Ross County, Ohio (mentioned above Vol. 377, p.
289, R.C.D.R.); thence with the center of Co. Rd. 550 having a
curve to the left having a chord
N 73°11'57" E 65.45 feet to an iron pin; thence with the
centerline of Co. Rd. 550
N 70°19'20" E 237.58 feet to the point of beginning,
containing a total of 1316.29 acres, more or less
Being parts of Virginia Military Surveys #542, #3036, #1418,
#1445, #1850, and 4920--6721--6722.
Bearings are magnetic. Surveyed by Thomas F. Stark, P.S.
6450, November 18, 1980.
Auditor's Parcel Number: 37-0915151.600
Property Address: Land on S.R. 104 Description of an additional 65 Acre Tract
Part of S.R. 104, North of Mound City National MonumentWest of Scioto River and South of Ackley (V. 114, p. 66, R.C.D.R.)Union Township, Ross County Ohio(Parcel No. 2)
Beginning at a USA concrete monument #241 at a corner to
Ackley (Vol. 114, p. 66, Ross County Deed Records and on the east
side of State Route 104; thence with five lines of said Ackley
N 80°05'17" E 239.0 feet to USA monument #242,
N 81°05'45" E 461.65 feet to a point at a concrete fence
corner post,
S 7°11'50" E 668.82 feet to an iron pin set, N 80°27'02" E
1086.14 feet to an iron pin set and
S 9°36'34" E 433.1 feet to the low water level on the Scioto
River westerly bank, passing an iron pin set at 340.0 feet; thence
down the Scioto River along the westerly bank at low water level
having the chords
S 21°00'01" W 820.0 feet and
S 7°41'33" W 1012.0 feet to a corner to Mound City Group
National Monument land; thence with the lines of said National
Monument tract
N 79°29'40" W 194.0 feet to a point, passing pins set at 40
feet and 179 feet,
N 24°57'37" W 1057.32 feet to an iron pin set in the easterly
bank of a large ditch, thence crossing said ditch
S 81°30'41" W 153.71 feet to an iron pin set, thence
S 24°43'16" W 116.66 feet to an iron pin set,
S 39°30'44" W 125.11 feet to an iron pin set,
N 86°32'09" W 350.18 feet to an iron pin set in the center of
State Route 104, thence with the center of State Route 104
N 13°46'45" W 210.83 feet to a point in the center of said
State Route 104, thence
N 6°51'13" W 1583.77 feet to a point in the center of said
State Route 104; thence N 80°55'15" E 16.34 feet to the point of
beginning, containing 65.0 acres.
Auditor's Parcel Number: 37-0915090.600
Property Address: Land on S.R. 104
Being a part of VMS #3036. Bearings are magnetic. Surveyed
by Tom Stark, P.S. #6450.
Being those lands as described in Deed Volume 456, Page 451
et seq.
Description of an additional 5.00 Acre Reservoir Parceland Easement Thereto
(Parcel No. 3)
Situated in the Township of Union, County of Ross, State of
Ohio and bounded and described as follows:
Beginning at an iron pin at the southwest corner of the tract
herein described and at the southeast corner of Lot 113, Sherman
Oaks Subdivision (P.B. 9, p. 31, Ross County Plat Records); thence
with an east line of said subdivision
N 8°18'32" W 365.22 feet to USA Monument #124; thence with
another line of said Subdivision
N 80°44'34" E 210.54 feet to USA Monument #125; thence with a
line of Conaway (Vol. 422, p. 34, Ross County Deed Records)
N 80°47'43" E 379.33 feet to USA Monument #126; thence with
another line of said Conaway
S 9°47'26" E 366.59 feet to USA Monument #127 in the north
line of McKell (Vol. 269, p. 175, R.C.D.R.); thence with said line
of McKell
S 80°53'36" W 200.29 feet to USA Monument #128; thence
continuing with said McKell's lines
S 81°02'40" W 68.28 feet to USA Monument #122 and
S 80°53'34" W 330.76 feet to the point of beginning,
containing 5.0 acres more or less and including an easement across
said McKell as follows:
Beginning at USA Monument #131 on the west side of Sandusky
Blvd., said Monument bears S 3°23'34" W 741 feet from USA Monument
#133 in said Conaway's south line; thence with the east line of
said McKell
S 3°36'43" W 66.08 feet to USA Monument #119; thence through
said McKell along a curve to the right having a chord
N 58°24'01" W 245.44 feet to USA Monument #120; thence along
another curve to the right having a chord
N 47°06'36" W 254.24 feet to USA Monument #121; thence
N 37°36'49" W 485.48 feet to USA Monument #122 in the south
line of the above described 5 acre tract; thence with said line
N 81°02'40" E 68.28 feet to USA Monument #128; thence through
said McKell
S 37°39'22" E 452.82 feet to USA Monument #129; thence with a
curve to the left having a chord S 46°27'15" E 235.34 feet to USA Monument #130; thence with
another curve to the left having a chord
S 58°40'09" E 212.04 feet to the point of beginning.
Being a part of Virginia Military Survey #542.
Auditor's Parcel Number: 37-0915304.000 Property Address: Land between Egypt Pike and Sandusky
Boulevard. Additional Parcel
Federal Reformatory Cemetery(Parcel No. 4)Beginning at a point on the southerly existing Limited Access
Right-of-Way line of USR-35, said point being located 104.31 feet
right from Station 948+30.49 in the centerline of a survey made by
the Ohio Department of Highways on USR-35 Section 15.82, Ross
County, Ohio and recorded in the Ross County Record of Plats in
Platbook 5 at Page 50; thence
South 29°26'48" East along said existing right-of-way line
91.50 feet to a point 113.22 feet right from Station 949+21.56 in
said survey of USR-35; thence
South 70°57'07" West 292.62 feet to a point 394.52 feet right
from Station 948+40.98 in said survey of USR-35; thence
North 19°02'53" West 90 feet to a point on the east boundary
of Larrick Lane, said point being 369.74 feet right from Station
947+54.46 in said survey of USR-35; thence
North 70°57'07" East along the east boundary of Larrick Lane
276.10 feet to the place of beginning, containing 0.588 Acre.
Auditor's Parcel Number: 37-0915305.000
Property Address: Land on Larrick Lane
Additional ParcelOhio Building Authority6.640 ACRES(Parcel No. 5)Situated in the Township of Union, County of Ross, State of
Ohio, being all of the tract conveyed to the Ohio Building
Authority and delineated as 'Exhibit D' (Deed Vol. 456 Page 451
Ross County Deed Records), bounded A described as follows: Beginning at a Mag-Nail set in the center of State Route 104
at the northeast corner of the 1288.60 acre tract conveyed to the
Ohio Building Authority (Deed Vol. 456 Page 451, 1288.60 acre
tract conveyed to the Ohio Building Authority (Deed Vol. 456 Page
451, Exhibit 'Al and being the easternmost corner of the tract
herein
described;
thence with the south lines of the tract herein described and
with the north lines of the 1288.60 acre tract conveyed to the
Ohio Building Authority the following (3) courses,
1. S. 80 deg. 35'48" W. 1034.45 ft. to a 4-inch diameter
steel fence corner post, passing an iron pin set at 30.32 ft.,
2. S. 12 deg. 06'14" E. 453.13 ft. to a 4-inch diameter steel
fence corner post and
3. S. 77 deg. 55'36" W. 120.00 ft. to an iron pin set, said
iron pin bears N. 77 deg. 55'36" E. 159.90 ft. from a 4-inch
diameter steel fence corner post;
thence with the west line of the tract herein described and
with a line of the Veteran's Administration Hospital, (Deed Vol.
185 Page 239),
N. 12 deg. 06'14" W. 660.00 ft. to an iron pin set on the
south side of Hines Boulevard (a private V.A. road);
thence along the south side of Hines Boulevard and being
48.71 ft. south of and parallel to the centerline of pavement,
N. 80 deg. 12'12" E. 1133.51 ft. to a Mag-Nail set in the
center of State Route 104, passing an iron pin set at 1083.03 ft.;
thence along the center of State Route 104,
S. 17 deg. 44'11" E. 211.06 ft. to the point of beginning,
containing 6.640 acres subject to all easements and rights-of-way
of record pertinent to this tract, including the Right-of-Way for
State Route 104.
Being part of Virginia Military Survey No. 2036.
This legal description is based on a field survey performed
April 26, 2000, under the direction and supervision of Michael T.
Slagle, Ohio Professional Surveyor No. 6699.
The magnetic bearings in this legal description are based on
a southerly line of the unrecorded 308.02 acre survey of the
Veteran's Administration Medical Center (Reference Bearing
&
Distance - S. 12 deg. 06'14" E. 453.13 ft.) and are used solely
for the purpose of denoting angles.
All iron pins set by this surveyor are 5/8 inch diameter, 30
inches long with an identification cap labeled SLAGLE, S-6699.
Being part of Auditor's Parcel Number: 37-0915151.600
Property Address: Land on S.R. 104, adjacent to Veteran's
Administration.
The afore described Five (5) Parcels contain a total of
1393.52 Acres, more or less, subject to all legal rights of way
and easements.
Excepting therefrom the following described Parcels: (EXCEPTION PARCEL "A")27.69 ACRESTract Conveyed to Board of Education of theUnion-Scioto Local School DistrictSituated in the Townships of Union and Scioto, County of
Ross, State of Ohio and bounded and described as follows:
Beginning at an iron pin set in a driveway entrance on the
southerly side of a private road, said pin bears S 41°32'48" E
1747.60 feet from USA Monument #113 (west side of Sandusky Blvd.
and corner to Betsch, Vol. 430, p. 609, Ross County Deed Records)
to an iron pin and thence across said private road S 17°51'50" E
60 feet; thence with a northerly line of the tract herein
described and a fence line
N 72°20'05" E 791.11 feet to a point at a steel fence corner
post; thence continuing with a fence line
S 12°21'18" E 1717.30 feet to a point at a steel fence corner
post; thence continuing with a fence line
S 42°00'12" W 41.6 feet to a point at a steel fence corner
post thence along the northeasterly side of County Road 550
N 52°08'12" W 1963.72 feet to a point at a steel fence corner
post; thence continuing with a fence line
N 50°17'53" E 292.5 feet to a steel fence corner post; thence
continuing with a fence line and a northerly line of the tract
herein described
N 71°47'57" E 244.06 feet to the point of beginning,
containing 27.69 acres more or less and being a part of Virginia
Military Survey #1418 and a part of those tracts conveyed to the
Board of Education of the Union-Scioto Local School District (Vol.
317, p. 326, Ross County Deed Records). (EXCEPTION PARCEL "B")91.940 ACRESSituated in the Township of Scioto, County of Ross, State of
Ohio, being part of the 1288.60 acre tract conveyed to the Ohio
Building Authority (Deed Vol. 4S6 Page 451 Ross County Deed
Records), bounded and described as follows:
Beginning for reference at a P.K. nail set at the
intersection of the center of Pleasant Valley Road (County Road
550) and the center of State Route 104 and being the same
beginning point called for in the legal description of the tract
of which this is a part;
thence along the center of State Route 104, N. 19 deg. 44'40"
W. 27.61 ft. to a P.K. nail set and being the actual point of
beginning of the tract herein described;
thence continuing along the center of State Route 104 and the
curvature thereof the following (5) courses,
1. N. 19 deg. 44'40" W. 618.50 ft. to a P.K. nail set,
2. N. 20 deg. 21'27" W. 221.41 ft. to a P.K. nail set,
3. N. 25 deg. 57'23" W. 266.29 ft. to a P.K. nail set,
4. N. 32 deg. 13'36" W. 200.05 ft. to a P.K. nail set and
5. N. 32 deg. 39'16" W. 426.26 ft. to a P.K. nail set at the
intersection of the center of Roberts Road;
thence with new lines through the tract of which this is a
part and continuing along the center of State Route 104 and the
curvature and tangents thereof the following (4) courses,
1. N. 23 deg. 58'28" W. 409.15 ft. to a P.K. nail set,
2. N. 15 deg. 20'33" W. 177.10 ft. to a P.K. nail set,
3. N. 11 deg. 43'19" W. 108.88 ft. to a P.K. nail set and
4. N. 12 deg. 11'50" W. 1613.57 ft. to a Mag-Nail set south
of
the intersection of State Route 104 and a prison service road;
thence with another new line and being along the south side
of said service road, passing a railroad spike set at 30.00 ft. N.
78 deg. 02'21" E. 891.63 ft. to an iron pin set;
thence with another new line and crossing a field, S. 56 deg.
57'39" E. 594.50 ft. to an iron pin set on the west side of
another Prison service road;
thence along the west side of said road and continuing with
new lines the following (9) courses,
1. S. 12 deg. 06'04" E. 842.85 ft. to an iron pin set,
2. with a curve to the right having a radius of 861.65 ft.,
an arc length of 334.85 ft. and a chord of S. 02 deg. 25'17" E.
332.75 ft. to an iron pin set,
3. S. 15 deg. 02'27" W. 380.18 ft. to an iron pin set,
4. with a curve to the left having a radius of 988.10 ft., an
arc length of 462.14 ft. and a chord of S. 00 deg. 58'23" W. 457.94 ft. to an iron pin set,
5. S. 11 deg. 03'46" E. 273.31 ft. to an iron pin set.
6. with a curve to the left having a radius of 455.80 ft., an
arc length of 135.12 ft. and a chord of
S. 19 deg. 01'00" E. 134.62 ft. to a railroad spike set,
7. S. 29 deg. 41'37" E. 128.37 ft. to an iron pin set,
8. with a curve to the right having a radius of 733.04 ft, an
arc length of 244.06 ft. and a chord of
S. 20 deg. 32'26" E. 242.94 ft. to an iron pin set and
thence with another new line and crossing a field, S. 78 deg.
24'08" W. 368.08 ft. to an iron pin set in the east line of a
25.00 ft. wide right-of-way easement leading to the former Brewer
and Brewer Co. gravel pit (Deed Vol. 369 Page 157), now in the
name of the Melvin Stone Co.
thence with the east lines of said 25.00 ft. wide
right-of-way the following (2) courses,
1. N. 31 deg. 54'01" W. 219.95 ft. to an iron pin set and
2. N. 19 deg. 43'14" W. 75.00 ft. to an iron pin set;
thence in part with the north terminus of said easement and
in part with a new line, passing an iron pin set at 25.00 ft., S.
70 deg. 16'46" W. 110.02 ft. to the point of beginning, containing
91.940 acres, subject to all easements and rights-of-way of record
pertinent to the above described tract, including the right-of-way
for State Route 104, said right-of-way contains 4.801 acres. Being
part of Virginia Military Surveys No. 1418 and 1850.
This legal description is based upon field surveys performed
January 4, 1993, August 9, 1995, and July 8, 1996, under the
direction and supervision Michael T. Slagle, Ohio P.S. No. 6699.
The magnetic bearings in this survey are based on the record
bearings of the 1288.60 acre tract of which this is a part and are
used solely for the purpose of denoting angles.
All iron pins set by this surveyor are 5/8 inch diameter, 30
inches long with an identification cap labeled SLAGLE S-6699,
unless otherwise indicated.
(EXCEPTION PARCEL "C")6.064 ACRESfor The Ross County Board of M.R.D.D.Situated in the Township of Scioto, County of Ross, State of
Ohio, and being a part of the premises (Par. 16-3-375) conveyed to
the Ohio Building Authority by Quit Claim Deed dated September 3,
1982, and recorded in Volume 456, Page 451 of the Ross County Deed
Records, and being more precisely described as follows:
Beginning at a 11" dia. iron pipe (found) in the west line of
Barbara Mason (Vol. 507, Pg. 724), said iron pin bears S 28°48'58"
W, 43.40 feet from the most northerly corner of said Barbara
Mason;
Thence, along two (2) lines of said Barbara Mason: S
28°48'58" W, 72.10 feet to a 3/4" dia. iron pipe (found), S
30°56'41" WW, 56.23 feet to an iron pin (set);
Thence, S 55°53'27" W, 70.58 feet to an iron pin (set); Thence, S 50°36'23" W, 121.50 feet to a U.S.A. Monument #70
(found);
Thence, S 29°58'59" E, passing another U.S.A. Monument #71
(found) at 423.85 feet, 4, 10.12 feet to a point;
Thence, along the centerline of Adena Road T-1070 S 57°09'45"
W, 313.40 feet to a point;
Thence, along the north L/A right-of-way line of U.S.R. 35
with the following three (3) courses:
N 61°21'51" W, 84.44 feet to an iron pin (set),
N 54°14'22" W, 496.23 feet to a point,
N 16°54'48" W, 2.59 feet to an iron pin (set);
Thence, along the east line of the STY Company (Vol. 514, Pg.
30) and then Ronald Cuckler (Vol. 546, Pg. 968) N 56°48'13" E,
870.95 feet to a 5/8" dia. iron pin (found) with I.D. cap SLAGLE
6699;
Thence, S 14°51'51" E, 31.61 feet to the place of beginning.
Containing 6.064 acres.
Bearings are based upon magnetic north.
Subject to the existing road right-of-way of Adena Road
T-1070.
All iron pins set are 5/8" dia. re-bar with I.D. cap stamped
"PRITCHARD P.S. 6837".
The foregoing description was based upon a survey made March
1998 by Ernest L. Pritchard, Ohio Registered Professional Surveyor
#6837. (EXEPTION PARCEL "D")Description of a 4.349 Acre R/W, Ross County CommissionersMoundsville Road, AKA Transformer Road
Situated in the Township of Union, County of Ross, State of
Ohio, and being a part of the premises (Par. 9-15-151) conveyed to
The Ohio Building Authority by Quit Claim Deed dated September 3,
1982, and recorded in Volume 456, Page 451 of the Ross County Deed
Records, and being more precisely described as follows:
Beginning at a point in the centerline of S.R. 104, said
point bears S 14°06'27" E, 30.00 feet from the existing centerline
intersection of S.R. 104 and Transformer Road (Pvt.);
Thence, with a new division line through the tract of which
this is a part S 75°41'47" W, 66.55 feet to a point in the east
line of AEP Substation Facility (Vol. 344, Pg. 673);
Thence, along three (3) lines of the said AEP Substation
Facility:
S 13°55'07" W, 7.20 feet to a point,
S 76°14'53" W, 99.96 feet to a point,
S 13°47'08" E, 8.17 feet to a point;
Thence, with (2) new division lines through the tract of
which this is a part:
S 75°41'47" W, 1546.61 feet to a point,
S 14°18'13" E, 1.13 feet to an iron pin (found) at the
northeast corner of Union-Scioto Schools (Vol. 371, Pg. 325);
Thence, along the north line of said Union-Scioto Schools
with the following three (3) courses:
S 70°09'53" W, 791.23 feet to an iron pin (found),
S 69°55'36" W, 244.87 feet to an iron pin (found),
S 48°22'52" W, 341.00 feet to a point in the centerline of
Egypt Pike C-127;
Thence, along the centerline of Egypt Pike N 51°18'52" W,
66.44 feet to a point;
Thence, along the south line of Union-Scioto Schools (Vol.
290, Pg. 50) with the following three (3) courses:
N 47°10'37" E, 25.52 feet to an iron pin (found),
N 49°20'16" E, 338.55 feet to a point,
N 70°01'15" E, 254.99 feet to an iron pin (found);
Thence, along the south line of Union Scioto Schools (Vol.
346, Pg. 645) N 69°55'57" E, 100.37 feet to an iron pin (found);
Thence, along the south line of Union Scioto Schools (Vol.
371, Pg. 324) N 69°42'23" E, 699.69 feet to an iron pin (found);
Thence, with two (2) new division lines through the tract of
which this is a part;
S 14°18'13" E, 5.36 feet to a point,
N 75°41'47" E, 1712.24 feet to a point in the centerline of
S.R. 104;
Thence, along the centerline of S.R. 104 S 14°06'27" E, 60.00
feet to the point of beginning.
Containing 4.349 acres.
Bearings are based upon magnetic north.
All iron pins found are 5/8" dia. re-bar.
Subject to the existing road right-of-way of Egypt Pike C-127
and S.R. 104. Also being subject to all existing rights of way
and easements, recorded or unrecorded.
The foregoing description was based upon a survey made April
6, 1998, by Ernest L. Pritchard, Ohio Registered Professional
surveyor #6837. (EXCEPTION PARCEL "E")Description of a 14.409 Acre Parcel
Scioto-Union School District
Situated in the Townships of Union and Scioto, County of
Ross, State of Ohio, being a part of V.M.S. No. 1418, and being
further bounded and described as follows:
Beginning at a 5/8" iron pin (found) in the southerly
right-of-way line of Moundsville Road, said iron pin being the
northeasterly corner of a 27.88 acres tract as conveyed to the
Board of Education of the Union-Scioto Local School District (D.B.
371, Page 325);
thence with the southerly right-of-way line of Moundsville
Road N 75 deg. 58 min. 43 sec. E, a distance of 358.02 ft. to a
5/8" iron pin (set);
thence with a new division line S 13 deg. 51 min. 32 sec. E,
a distance of 1673.91 ft. to a 5/8" iron pin (set);
thence with another new division line S 45 deg. 02 min. 17
sec. W, a distance of 343.49 ft. to a 5/8" iron pin (set) in the
northeasterly right-of-way line of Egypt Pike;
thence with the northeasterly right-of-way line of Egypt Pike
N 53 deg. 57 min. 27 sec. W, a distance of 139.50 ft. to a 5/8"
iron pin (found), said iron pin being a corner to the
aforementioned 27.88 acres tract as conveyed to the Board of
Education of the Union-Scioto. Local School District (D.B. 371,
Page 325);
thence with the line of the Board of Education of the
Union-Scioto Local School District N 40 deg. 44 min. 33 sec. E, a
distance of 41.95 ft. to a 5/8" iron pin (found);
thence continuing with the line of the Board of Education of
the Union-Scioto Local School District N 14 deg. 08 min. 01 sec.
W, a distance of 1719.35 ft. to the beginning, containing 14.409
acres of land of which 12.822 acres are contained in Scioto
Township and 1.587 acres are contained in Union Township.
Subject to all legal easements and rights-of-way of record.
Bearings are based upon the record bearing (S 04 deg. 40 min.
17 sec. W) of the easterly line of the 10.636 acres tract as found
in Deed Book 451, Page 207.
The above description is a part of the 1288.60 acres tract as
conveyed to Ohio Building Authority and recorded in Deed Book 456,
Page 541 of the Ross County Recorder's Office and being Parcel No.
9-15-151.
Land surveyed in August 2001, under the direction of Eric N.
Lutz, Registered Professional Surveyor No. 7232, the survey plat
of which is referred to as Drawing No. S00-127A on file in the
office of McCarty Associates, Hillsboro, Ohio. (EXCEPTION PARCEL "F")
Description of a 5.046 Acres ParcelScioto-Union School District
Situated in the Township of Union, County of Ross, State of
Ohio, being a part of V.M.S. No. 542, and being further bounded
and described as follows:
Beginning at a point in the easterly right-of-way line of
Sandusky Boulevard, said point being a corner to a 20.50 acres
tract as conveyed to the Board of Education of the Union-Scioto
Local School District (D.B. 346, Page 645) from which a 1/2" pin
(found) and a 1" iron pipe (found) bears N 78 deg. 55 min. 03 sec.
E, a distance of 0.60 ft.;
thence with a new division line S 78 deg. 55 min. 03 sec. W,
a distance of 51.95 ft. to a 5/8" iron pin (set) in the westerly
right-of-way line of Sandusky Boulevard, said iron pin being in
the line of a 10.636 acres tract as conveyed to Phoebe H. McKell
and David R. McMillen (D.B. 541, page 207);
thence with McKell's line and the right-of-way line of
Sandusky Boulevard for the next three calls:
(1) N 04 deg. 40 min. 17 sec. E, a distance of 33.86 ft. to a
concrete monument (found);
(2) N 15 deg. 13 min. 17 sec. E, a distance of 252.92 ft. to
a concrete monument (found);
(3) N 03 deg. 07 min. 44 sec. W, a distance of 41.07 ft. to a
5/8" iron pin (set);
thence with a new division line N 78 deg. 55 min. 03 sec. E,
passing a 5/8" iron pin (set) at 46.40 ft., a total distance of
649.51 ft. to a 5/8" iron pin (set);
thence with another new division line S 19 deg. 45 min. 59
sec. E, a distance of 303.48 ft. to a 5/8" iron pin (set), said
iron pin being the northerly most corner of the aforementioned
20.50 acres tract conveyed to the Board of Education of the
Union-Scioto Local School District (D.B. 346, page 645);
thence with the northwesterly line of the Board of Education
of the Union-Scioto Local School District S 78 deg, 55 min, 03
sec, W, a distance of 770.33 ft. to the beginning, containing
5.046 acres of land.
Subject to all legal easements and rights-of-way of record.
Bearings are based upon the record bearing (S 04 deg. 40 min.
17 sec. W) of the easterly line of the 10.636 acres tract as found
in Deed Book 541, Page 207.
The above description is a part of the 1288.60 acres tract as
conveyed to Ohio Building Authority and recorded in Deed Book 456,
Page 451 of the Ross County Recorder's Office and being Parcel No.
9-15-151.
Land surveyed in August 2001, under the direction of Eric N.
Lutz, Registered Professional Surveyor No. 7232, the survey plat
of which is referred to as Drawing No. S00-127A on file in the
office of McCarty Associates, Hillsboro, Ohio.
The aforedescribed Parcels 1 through 5 contain a total of
1393.52 Acres and said Exceptions "A" through "F" containing
149.50 Acres, leaving a net of 1244.02 Acres, more or less,
subject
to all legal rights-of-way and easements.
(B) Within one year after the effective date of this section,
upon the request of the Department of Administrative Services, 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 as good
and valuable 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
United States of America, acting by and through, the
Administrator
of General Services pursuant to the "Federal
Property and
Administrative Services Act of 1949," 63 Stat. 377,
as amended,
and regulations and orders promulgated under that act.
The
Department of Rehabilitation and Correction shall present the
deed
for recording in the Office of the Ross County Recorder.
The
Department of Rehabilitation and Correction shall pay the
cost of
conveyance of the real estate described in division (A) of
this
section.
(C) The obligation of the Department of Administrative
Services to convey the real estate described in division (A) of
this section to the grantee is subject to and contingent upon the
occurrence of a simultaneous closing with the grantee to re-convey
the real estate described in division (A) of this section to the
State of Ohio, for the use and benefit of the Ohio Department of
Rehabilitation and Correction. The contemporaneous transfers of
the real estate described in division (A) of this section shall be
conducted according to the regulations, guidelines, and
reimbursement of funds as established under the Federal Surplus
Real Property Transfer Program authorized by 40 U.S.C. 484 (P),
as
amended.
(D) Upon receipt of the net proceeds from the transaction
described in this section, the Department shall convey the
proceeds to the Ohio Building Authority for deposit into the
appropriate bond service account created pursuant to the trust
agreement securing the state facilities bonds issued in connection
with the land conveyances.
(E) This section expires one year after its effective date.
SECTION 19.
Sections 5, 6, 8, 9, 11, 12, 13, 14, 15, 16, 17, and 18 of
this
act
take effect on the ninety-first day after the
effective
date
of
this act.
SECTION 20. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. One reason for the necessity is that the recent activation of military reserve units based in this state requires an immediate change in the law to provide for payment of additional compensation to certain public employees who are members of these units and on active duty for more than 31 days. Another reason for such necessity is that
immediate action is necessary to ensure the continued preservation
of the real estate specified in this act and to ensure the
continued beneficial public use of the real estate in furtherance
of economic redevelopment in Ohio. Therefore, this act shall go
into immediate effect.
|