130th Ohio General Assembly
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(124th General Assembly)
(Amended Substitute Senate Bill Number 219)



AN ACT
To authorize the conveyance of state-owned real estate located in the counties of Athens, Preble, Stark, and Summit, and no longer needed by the State Highway Patrol; to authorize the conveyance of state-owned real estate in Scioto County by Shawnee State University; 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 purchaser, and the purchaser's 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 City of Athens, County of Athens, and State of Ohio, to-wit:

Being the south half of Lot No. 1411 in Earich's Subdivision of Out Lots Nos. 153 and 154 in the City of Athens, Ohio, as recorded in Plat Book 4, Page 48 and being more particularly described as follows:

Beginning at the southwesterly corner of said Lot No. 1411 and the southeasterly corner of Lot No. 1410 where an iron pin bears N 7°20' E a distance of two (2) feet; thence N 7°20' E a distance of forty (40) feet to a concrete monument; thence S 82°40' E a distance of ninety-four and nine tenths (94.9) feet to a concrete monument; thence along the west side of North Lancaster Street two (2) courses S 21°42'14" E a distance of thirty-two and fourteen hundredths (32.14) feet to an iron pin and S 7°20' W a distance of eleven and nine tenths (11.9) feet to an iron pin; thence N 82°40' W a distance of one hundred ten and five tenths (110.5) feet and passing an iron pin at fifty-eight and five tenths (58.5) feet to the place of beginning. Containing 0.096 acre, more or less. A survey of this property was made by the Ohio Department of Transportation, District Ten, June 21, 1973, William D. Lacey, P.S. No. 5116.

REF: Vol. 180, Page 233; Vol. 179, Page 192, Athens County Deed Records.

(B) The Superintendent of the State Highway Patrol shall have the real estate described in division (A) of this section appraised by two disinterested persons.

(C) Consideration for the conveyance of the real estate described in division (A) of this section shall be the purchase price acceptable to the Superintendent of the State Highway Patrol.

(D) The purchaser shall pay the costs of the conveyance.

(E) At the request of the Superintendent of the State Highway Patrol, 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 purchaser at closing. The purchaser shall present the deed for recording in the Office of the Athens 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 State Highway Patrol's operating expense account in the State Highway Safety Fund Group (Fund 036).

SECTION 2. (A) The Governor is hereby authorized to execute a deed in the name of the state conveying to the purchaser, and purchaser's successors and assigns or heirs and assigns, all of the state's right, title, and interest in the following described real estate:

Being a part of Out Lots 182, 183 and 191, Section 10, T-9-N, R-14-W, Athens City, Athens Township, Athens County, Ohio, and being more particularly described as follows:

Beginning at an old pipe on the Southwest corner of Henry Boska Subdivision; thence N 81°51'41" W a distance of 410.43 feet along an old fence on the South line of Outlots 182 and 183 to a point in the State of Ohio right of way line; thence N 48°38'37" E a distance of 5.24 feet along said right of way line to a concrete monument; thence continuing along said right of way line the following three courses N 60°39'37" E a distance of 461.98 feet to a concrete monument, N 75°59'37" E a distance of 241.65 feet to a concrete monument and N 60°18'37" E a distance of 160.81 feet to a point in the Southerly line of the Lewis Coss property; thence along the said Coss line S 42°52'40" E a distance of 93.17 feet to a point in the West line of the Henry Boska Subdivision; thence along said West line S 50°45' W a distance of 565.5 feet to the place of beginning and passing iron pipes at 417.85 feet and 557.85 feet.

Containing 3.068 acres more or less. There being 0.693 acres in Outlot 182, 0.814 acres in Outlot 183, 1.291 acres in Outlot 191 and 0.270 acres in the abandoned portion of Congress Street.

A survey of this parcel was made by William D. Lacey, No. 5116.

(B) The Superintendent of the State Highway Patrol shall have the real estate described in division (A) of this section appraised by two disinterested persons.

(C) Consideration for the conveyance of the real estate described in division (A) of this section shall be the purchase price acceptable to the Superintendent of the State Highway Patrol.

(D) The purchaser shall pay the costs of the conveyance.

(E) At the request of the Superintendent of the State Highway Patrol, 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 purchaser at closing. The purchaser shall present the deed for recording in the Office of the Athens 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 State Highway Patrol's operating expense account in the State Highway Safety Fund Group (Fund 036).

SECTION 3. (A) The Governor is hereby authorized to execute a deed in the name of the state conveying to the purchaser, and purchaser's 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 County of Summit, in the State of Ohio, and in the Township of Northampton and bounded and described as follows:

Beginning at the southeast corner of Lot 23 at a point of intersection of the centerline of State Route 8 and the centerline of County Road No. 100, which point is also the southeast corner of the E. J. Sapp property. Thence N. 2 degrees 47'-30" east, along the east line of Lot 23, a distance of 1227.67' to a hinge nail in the brick pavement at the true place of beginning for the tract herein described.

Thence N. 87 degrees 12'-30" West, passing over an iron pin set at 34.1' in the west line of Route 8, a distance of 230' to an iron pin; thence north 2 degrees 47'-30" east, a distance of 200 feet to an iron pin; thence south 87 degrees 12'-30' east, passing over an iron pin set at 200 feet in the west right of way line of State Route 8, a distance of 230 feet to a point in the east line of Lot 23, thence south 2 degrees 47'-30' west along said Lot line, a distance of 200 feet, to the point of beginning and containing 1.06 acres, more or less.

Last instrument of record upon which Grantors rely for title is an Affidavit for Transfer from Cyrus L. Norton to Mary Ruth Sapp, recorded Vol. 860, Page 26 and a Deed of Ruth Mary Sapp to Elmer J. Sapp, Trustee, of record in Vol. 1605, Page 83 of the Deed Records of Summit County, Ohio.

(B) The Superintendent of the State Highway Patrol shall have the real estate described in division (A) of this section appraised by two disinterested persons.

(C) Consideration for the conveyance of the real estate described in division (A) of this section shall be the purchase price acceptable to the Superintendent of the State Highway Patrol.

(D) The purchaser shall pay the costs of the conveyance.

(E) At the request of the Superintendent of the State Highway Patrol, 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 purchaser at closing. The purchaser shall present the deed for recording in the Office of the Summit 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 State Highway Patrol's operating expense account in the State Highway Safety Fund Group (Fund 036).

SECTION 4. (A) The Governor is hereby authorized to execute a deed in the name of the state conveying to the purchaser, and the purchaser's 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 southwest corner of Section 26, Town 9-N., Range 2-E, Monroe Township, Preble County, Ohio.

And being more particularly described as follows:

Beginning at the intersection of the south line of Section 26 and the center line of State Route No. U.S. 127, said point of intersection being South 89°-16'-23" east, along the south line of Section 26, a distance of 1099.09 feet from a stone at the southwest corner of Section 26; thence from the said point of beginning, south 89°-16'-23" east, along the south line of Section 26, a distance of 530.00 feet; thence north 5°-05'-37" east a distance of 10.03 feet; thence north 89°-16'-23" west a distance of 288.32 feet; thence north 3°-13'-37" east a distance of 180.99 feet; thence north 89°-16'-23" west a distance of 242.00 feet to the center line of State Route No. U.S. 127; thence south 3°-13'-37" west, along the center line of State Route No. U.S. 127, a distance of 191.00 feet to the place of beginning and containing 1.127 acres, more or less, of which the present Highway 127 easement occupies .133 acres, more or less.

Prior deed reference, Vol. 189, page 79, Preble County, Ohio, Deed Records.

A survey of this property made by State of Ohio Department of Highways.

(B) The Superintendent of the State Highway Patrol shall have the real estate described in division (A) of this section appraised by two disinterested persons.

(C) Consideration for the conveyance of the real estate described in division (A) of this section shall be the purchase price acceptable to the Superintendent of the State Highway Patrol.

(D) The purchaser shall pay the costs of the conveyance.

(E) At the request of the Superintendent of the State Highway Patrol, 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 purchaser at closing. The purchaser shall present the deed for recording in the Office of the Preble 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 State Highway Patrol's operating expense account in the State Highway Safety Fund Group (Fund 036).

SECTION 5. (A) The Governor is hereby authorized to execute a deed in the name of the state conveying to the purchaser, and the purchaser's successors and assigns or heirs and assigns, all of the state's right, title, and interest in the following described real estate:

Parcel 11WD

Grantor - State of Ohio, Department of Public Safety, Division of State Highway Patrol

Situated in the Township of Jackson, County of Stark and State of Ohio and being a part of the northwest Quarter of Section 1, T11N, R9W and being more fully described as follows:

Beginning at a monument found at the southwest corner of the northwest Quarter of Section 1 said point being 11.52 feet left of station 9+99.16 on the centerline of relocated Frank Avenue and the true place of beginning of the parcel herein described;

Thence, North 1°25'12" East on Grantor's westerly property line and the Quarter Section line a distance of 661.66 feet to a point;

Thence, South 88°34'48" East on Grantor's northerly property line a distance of 177.32 feet to a point;

Thence, South 13°54'45" West on the proposed right-of-way line of relocated Frank Avenue a distance of 453.23 feet to a point;

Thence, Southwesterly on the proposed right-of-way line of relocated Frank Avenue along the arc of a curve to the left with a radius of 1879.86 feet, a central angle of 3°40'16", a tangent of 60.24 feet and whose chord bears south 9°45'08" West 120.43 feet, an arc distance of 120.45 feet to a point on Grantor's southerly property line and the Quarter Section line;

Thence North 88°24'30" West on Grantor's southerly property line and the Quarter Section line a distance of 41.76 feet to the true place of beginning containing 69,608 square feet (1.598 acres) including 19,850 square feet (0.456 acres) in the present road.

The above described area is a part of Auditor's Parcel No. 1621611.

The bearings used in this description are based on the Ohio State Plan Coordinate Grid System, North Zone, NAD 83.

Grantor claims title by instrument recorded in Official Record Imaging No. 2000017728 of the Stark County Record.

This description is based on a survey made by URS Corporation in April, 2000 under the direction and supervision of Richard E. Rockich, Registered Surveyor No. 5680.

Parcel 11CH

Grantor - State of Ohio, Department of Public Safety, Division of State Highway Patrol

Situated in the Township of Jackson, County of Stark and State of Ohio and being a part of the northwest Quarter of Section 1, T11N, R9W and being more fully described as follows:

Beginning at a monument found at the southwest corner of the northwest Quarter of Section 1;

Thence, South 88°24'30" East on the Quarter Section line a distance of 41.76 feet to a point on the proposed right-of-way line of relocated Frank Avenue said point being 30.00 feet right of Station 10+03.74 on the centerline of relocated Frank Avenue and the true place of beginning of the parcel herein described;

Thence, Northeasterly on the proposed right-of-way line of relocated Frank Avenue along the arc of a curve to the right with a radius of 1879.86 feet, a central angle of 3°40'14", a tangent of 60.24 feet and whose chord bears North 9°45'08" East 120.41 feet, an arc distance of 120.43 feet to a point;

Thence, Northeasterly on the proposed right-of-way line of relocated Frank Avenue along the arc of a curve to the right with a radius of 2516.75 feet, a central angle of 2°19'30", a tangent of 51.07 feet and whose chord bears North 12°45'00" East 102.12 feet, an arc distance of 102.13 feet to a point;

Thence, North 13°54'45" East on the proposed right-of-way line of relocated Frank Avenue a distance of 453.23 feet to a point on Grantor's northerly property line;

Thence, South 88°34'48" East on Grantor's northerly property line a distance of 10.24 feet to a point;

Thence, South 13°54'45" West a distance of 455.44 feet to a point;

Thence, Southwesterly along the arc of a curve to the left with a radius of 2506.75 feet, a central angle of 2°19'30", a tangent of 50.87 feet and whose chord bears South 12°45'00" West 101.71 feet, an arc distance of 101.72 feet to a point;

Thence, Southwesterly along the arc of a curve to the left with a radius of 2506.75 feet, a central angle of 3°35'05", a tangent of 59.34 feet to a point on Grantor's southerly property line and the Quarter Section line;

Thence, North 88°24'30" West on Grantor's southerly property and the Quarter Section line a distance of 10.06 feet to the true place of beginning containing 6,758 square feet (0.155 acres).

The above described area is a part of Auditor's Parcel No. 1621611.

The bearings used in this description are based on the Ohio State Plan Coordinate Grid System, North Zone, NAD 83.

Grantor claims by title instrument recorded in Official Record Imaging No. 2000017728 of the Stark County Records.

This description is based on a survey made by URS Corporation in April, 2000 under the direction and supervision of Richard E. Rockich, Registered Surveyor No. 5680.

Parcel 11SL

Grantor - State of Ohio, Department of Public Safety, Division of State Highway Patrol

Situated in the Township of Jackson, County of Stark and State of Ohio and being a part of the northwest Quarter of Section 1, T11N, R9W and being more fully described as follows:

Beginning at a monument found at the southwest corner of the northwest Quarter of Section 1;

Thence, South 88°24'30" East on the Quarter Section line a distance of 51.82 feet to a point said point being 40.00 feet right of Station 10+04.87 on the centerline of relocated Frank Avenue and the true place of beginning of the parcel herein described;

Thence, Northeasterly along the arc of a curve to the right with a radius of 1869.86 feet, a central angle of 3°35'05", a tangent of 59.36 feet and whose chord bears North 9°46'09" East 118.66 feet, an arc distance of 118.68 feet to a point;

Thence, Northeasterly along the arc of a curve to the right with a radius of 2506.75 feet, a central angle of 2°19'30", a tangent of 50.87 feet and whose chord bears North 12°45'00" East 101.71 feet, an arc distance of 101.72 feet to a point;

Thence, North 13°54'45" East a distance of 307.57 feet to a point;

Thence South 2°36'09" West a distance of 305.94 feet to a point;

Thence, South 13°44'26" West a distance of 100.00 feet to a point;

Thence, South 22°01'35" West a distance of 187.42 feet to a point on Grantor's southerly property line and the Quarter Section line;

Thence, North 88°24'30" West on Grantor's southerly property line and the Quarter Section line a distance of 23.76 feet to the true place of beginning containing 23.114 square feet (0.531 acres).

The above described area is a part of Auditor's Parcel No. 1621611.

The bearings used in this description are based on the Ohio State Plan Coordinate Grid System, North Zone, NAD 83.

Grantor claims title by instrument recorded in Official Record Imaging No. 2000017728 of the Stark County Records.

This description is based on a survey made by URS Corporation in April, 2000 under the direction and supervision of Richard E. Rockich, Registered Surveyor No. 5680.

Parcel 11T

Grantor - State of Ohio, Department of Public Safety, Division of State Highway Patrol

Situated in the Township of Jackson, County of Stark and State of Ohio and being a part of the northwest Quarter of Section 1, T11N, R9W and being more fully described as follows:

Beginning at a monument found at the southwest corner of the northwest Quarter of Section 1;

Thence, North 1°25'12" East on the Quarter Section line a distance of 661.64 feet to Grantor's northwesterly property corner;

Thence, South 88°34'48" East on Grantor's northerly property line a distance of 187.56 feet to a point said point being 40.00 feet right of Station 16+84.87 on the centerline of relocated Frank Avenue and the true place of beginning of the parcel herein described;

Thence, South 88°34'48" East on Grantor's northerly property line a distance of 10.24 feet to a point;

Thence, South 2°38'03" West a distance of 51.13 feet to a point;

Thence, South 42°20'29" West a distance of 42.01 feet to a point;

Thence, North 13°54'45" East a distance of 84.87 feet to the true place of beginning containing 1,100 square feet (0.026 acres).

The above described area is a part of Auditor's Parcel No. 1621611.

The bearings used in this description are based on the Ohio State Plan Coordinate Grid System, North Zone, NAD 83.

Grantor claims title by instrument recorded in Official Record Imaging No. 2000017728 of the Stark County Records.

This description is based on a survey made by URS Corporation in April, 2000 under the direction and supervision of Richard E. Rockich, Registered Surveyor No. 5680.

(B) The Superintendent of the State Highway Patrol shall have the real estate described in division (A) of this section appraised by two disinterested persons.

(C) Consideration for the conveyance of the real estate described in division (A) of this section shall be the purchase price acceptable to the Superintendent of the State Highway Patrol.

(D) The purchaser shall pay the costs of the conveyance.

(E) At the request of the Superintendent of the State Highway Patrol, 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 purchaser at closing. The purchaser shall present the deed for recording in the Office of the Stark 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 State Highway Patrol's operating expense account in the State Highway Safety Fund Group (Fund 036).

SECTION 6. (A) The Governor is hereby authorized to execute a deed in the name of the state conveying to the purchaser, and the purchaser's successors and assigns or heirs and assigns, all of the state's right, title, and interest in the following described real estate.

The subject is known as being the whole of Lot #83 and the north 10 feet of Lot #84 of the Timmonds Second Allotment Addition in the City of Portsmouth, Ohio, and generally known as 1828 Franklin Avenue of said City, subject to the conditions and restrictions contained in a deed from Samuel B. Timmonds and Jessie Lynn Timmonds to Clinton M. Searl dated September 3, 1919, and recorded in Vol. 133, Page 4, Scioto County, Ohio, Record of Deeds, Auditor's Parcel No. 33-2353, and prior title: legal description is the same as that of record for the most recent conveyance as recorded in Volume 934, Page 121, Scioto County, Ohio, Record of Deeds.

(B) Consideration for the real estate described in division (A) of this section, which was purchased for $230,000 in 1999, shall be a purchase price acceptable to the Board of Trustees of Shawnee State University.

(C) If no acceptable offers are received by Shawnee State University by May 30, 2002, the real estate described in division (A) of this section then may be sold at public auction, that is advertised at least once a week for four consecutive weeks in a newspaper of general circulation within Scioto County, at a minimum price established by the Board of Trustees of Shawnee State University.

(D) Advertising costs, appraisal fees, survey costs, and other costs incurred in connection with the sale of the real estate described in division (A) of this section shall be paid by Shawnee State University.

(E) Upon the purchaser's payment of at least ten per cent of the purchase price for the real estate described in division (A) of this section, 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, upon payment by the purchaser of the balance of the purchase price, delivered to the purchaser. The purchaser shall present the deed for recording in the Office of the Scioto County Recorder.

(F) The net proceeds of the sale of the real estate described in division (A) of this section shall be paid to Shawnee State University.

SECTION 7. (A) Sections 1, 2, 3, 4, and 5 of this act shall expire three years after their effective date.

(B) Section 6 of this act shall expire one year after its effective date.

SECTION 8. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reason for such necessity is that immediate action is necessary to ensure the continued preservation of the real estate specified in Sections 1, 2, 3, 4, and 5 of this act. Therefore, this act shall go into immediate effect.

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