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Sub. S. B. No. 164As Reported by the Senate Judiciary--Civil Justice CommitteeAs Reported by the Senate Judiciary--Civil Justice Committee
124th General Assembly | Regular Session | 2001-2002 |
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SENATOR Jacobson
A BILL
To authorize, in accordance with the act, the
conveyance of specified state-owned real estate
located in the counties of Cuyahoga, 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. (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 2. (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 3. (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 4. (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 legal highways 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 5. (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.
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 6. (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 7. (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
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.
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 8. (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 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. 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 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 9. (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 10. (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. (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 11.
Sections 1, 2, 4, 5, 7, 8, 9, and 10 of
this
act
take effect on the ninety-first day after the effective
date
of
this act.
Section 12. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for 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.
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