130th Ohio General Assembly
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Sub. S. B. No. 234  As Reported by the House State Government Committee
As Reported by the House State Government Committee

125th General Assembly
Regular Session
2003-2004
Sub. S. B. No. 234


Senator Mumper 



A BILL
To authorize the Adjutant General to transfer a specified parcel of state-owned real estate no longer needed for armory or military purposes to the grantor of the parcel pursuant to the reversionary clause in the parcel's deed; to authorize the conveyance of twelve parcels of state-owned real estate that the Adjutant General has determined are no longer required for armory or military purposes to a buyer or buyers to be determined at a later date; to authorize the conveyance of specified state-owned real estate located in Gallia County to Robert Wiley; to authorize the conveyance of specified state-owned real estate located in Gallia County to the Board of County Commissioners of Gallia County; to authorize the Director of Administrative Services to offer for sale, to a buyer to be determined at a later date, specified real estate located in Wayne County that the Department of Mental Retardation and Developmental Disabilities has determined is no longer required for state purposes; to authorize the conveyance of specified state-owned real estate located in Union County to the Association for the Developmentally Disabled; to authorize the conveyance of a series of specified parcels of state-owned real estate located in Hamilton County to Cincinnati's Optimum Residential Environments, Incorporated; to authorize the conveyance of specified state-owned real estate located in Scioto County to the Northwest Local School District, Scioto County; to authorize the conveyance of specified state-owned real estate located in Jefferson County to the Edison Local School District, Jefferson County; to authorize the conveyance of specified state-owned real estate located in Mahoning County to the City of Youngstown; to authorize the conveyance of specified state-owned real estate located in Pickaway County to the Village of Orient; to authorize the conveyance of specified state-owned real estate located in Montgomery County to Barry K. Humphries to correct an erroneous omission in a prior conveyance authorized by Sub. S.B. 332 of the 123rd General Assembly; to authorize the conveyance of specified state-owned real estate in Portage County to the Board of County Commissioners of Portage County; to authorize the conveyance of certain state-owned real estate in Summit County to a purchaser; to authorize the conveyance of certain state-owned land in Madison County to the Kirkwood Cemetery Association; and to permit, for a limited time, the abatement of unpaid property taxes, penalties, and interest owed on property owned by the state or a board of education that would have been tax-exempt except for a failure to comply with certain tax exemption procedures.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. (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 requests the Department of Administrative Services to assist in transferring the property. The reversionary language contained in the deed whereby the property was acquired requires the property to revert to the Board of County Commissioners of Logan County if the property ceases to be used for armory or military purposes. The Adjutant General 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 Logan County Recorder. The Governor is hereby authorized to execute the deed in the name of the state, conveying to the Board of County Commissioners of Logan County all of the state's right, title, and interest in the parcel described as follows:
Parcel No. 1
Bellefontaine Armory Property - Volume____, Page____, Logan County Deed Records
Tract 1 - Situated in the City of Bellefontaine, Lake Township, Logan County, Ohio, and being in Section 34, Town 4, Range 14: Beginning at a monument at the intersection of the center line of South Main Street with the center line of West Lake Avenue, the center line of Carlisle Avenue and the present south corporation line of Bellefontaine; thence with said corporation line, and parallel with and 20 feet distant measured at right angles from the north line of East Lake Avenue, S. 86 degrees 3' E. 30 feet to a point in the east property line of Main Street; thence with the east property line of Main Street N. 4 degrees 35' E. 104 feet to an iron pin in the northwest corner of S. S. Johnson's 29/100 acre tract, said point being the beginning point of this survey; thence continuing with the east line of Main Street, N. 4 degrees 35' E. 170 feet to an iron pin; thence S. 86 degrees 3' E. 150 feet to the west line of Logan County Fairgrounds; thence with the west line of the Logan County Fairgrounds S. 4 degrees 35' W. 170 feet to an iron pin in S. S. Johnson's northeast corner; thence with Johnson's north line N. 86 degrees 3' W. 150 feet to the place of beginning, containing 58/100 acres.
Tract 2 - Situated in the City of Bellefontaine, Lake Township, Logan County, Ohio, and being in Section 34, Town 4, Range 14; of the Between Miami Rivers Survey.
Commencing at a monument at the intersection of the center line of South Main Street with the center line of West Lake Avenue, and the center line of Carlisle Avenue; thence parallel with and 20 feet distant measured at right angles from the north line of East Lake Avenue, S. 86 deg. and 03 min. E. 30.0 feet to a point in the east property line of South Main Street; thence in the east property line of South Main Street N. 4 deg. and 35 min. E. 274.0 feet to an iron pin in the northwest corner of the City of Bellefontaine's 0.58 acre tract, said point being the beginning point of this description; thence continuing with the east line of South Main Street, N. 4 deg. and 35 min. E. 80.00 feet to an iron pin; thence S. 86 deg. and 03 min. E. 210 feet to an iron pin; thence S. 4 deg. and 35 min. W. 334.00 feet to the north line of Lake Avenue, (passing an iron pin at 324 feet); thence with the north line of Lake Avenue N. 86 deg. And 03 min. W. 60.0 feet to S. S. Johnson's southeast corner; thence with Johnson's east line and the east line of the City of Bellefontaine's 0.58 acre tract N. 4 deg. and 35 min. E. 254.00 feet to an iron pin in the City of Bellefontaine's tract northeast corner (passing an iron pin at 10.00 feet); thence with the City's north line N. 86 deg. and 03 min. W. 150 feet to the place of beginning, containing 0.74 acres. Reserving however the right of way for public highway purposes over a strip of land 10.00 feet in width immediately north of and abutting on Lake Avenue.
The above tract is a portion of a 3.89 acre tract belonging to Logan County Commissioners and being a portion of the Logan County, Fairground. The bearings used in the above description are true bearings.
(B) The Board of County Commissioners of Logan County shall pay all costs associated with the transfer and conveyance of the property described in division (A) of this section, including, but not limited to, recordation costs of the Governor's Deed.
(C) This section expires five years after its effective date.
Section 2. (A) Pursuant to section 5911.10 of the Revised Code, the Governor is hereby authorized to execute a deed in the name of the state, conveying to a buyer or buyers to be determined in the manner provided in division (C) of this section, and the buyer's or buyers' successors and assigns or heirs and assigns, all of the state's right, title, and interest in the following described parcels of real estate that the Adjutant General has determined are no longer needed by the Ohio National Guard for armory or military purposes:
Parcel No. 1 - Napoleon Armory Property - Volume 97, Page 122, Henry County Deed Records
Lot No. one hundred (100) in the original plat of the Village of Napoleon, County of Henry and State of Ohio.
Parcel No. 2 - Bowling Green Armory, MVSB Property - Volume 158, Page 81, Wood County Deed Records
Lots numbered Two hundred and Eight (208) and Two hundred and Nine (209) in Alfred Thurstin's Addition to the Village, now City of Bowling Green in the County of Wood and State of Ohio
Parcel No. 3 - Findlay Armory - Volume 178, Page 106, Hancock County Deed Records
Situated in the City of Findlay, County of Hancock and State of Ohio, and known as Lots numbered One Hundred and Forty-one (141) and One Hundred and forty-two (142) in the Original Plan to the said City of Findlay.
Parcel No. 4 - Hillsboro MVSB Property - Volume____, Page____, Highland County Deed Records
Situated within the corporate limits of the Village of Hillsboro, on the north side of John Street, being a part of the "Fairgrounds", and being more particularly described as follows: Beginning at an iron pipe in the north line John St., said iron pipe being west a distance of 200 ft. from a post marking the southeast corner of aforesaid "Fairgrounds"; thence running in a northerly direction and at right angles to aforesaid Street, a distance of 300 ft. to an iron pipe; thence running a westerly direction and parallel to said Street a distance of 150 ft. to an iron pipe; thence running in a southerly direction and at right angles to said Street, a distance of 300 ft. to an iron pipe in the north line of said Street; thence running in an easterly direction and with the north line of said Street, a distance of 150 ft. to the place of beginning; the parcel of land containing a calculated area of 1 acre and 5 sq. rds. More or less.
Parcel No. 5 - Hillsboro Armory Property - Volume 113, Page 143, Highland County Deed Records
Being situated in the Village of Hillsboro, Highland County, State of Ohio, being a part of the Inlot Number Forty-four, described as follows: Beginning at the south-west corner of said Inlot No. 44, at the intersection of High and Beech Streets; thence with the west line of said Inlot No. 44, and the east line of High Street, 99 feet, the full width of said Inlot, to the north-west corner thereof; thence eastwardly with the north line of said Inlot 125 feet; thence southwardly, parallel with High Street, across said Inlot, 99 feet to the south line of said Inlot and the north line of Beech Street; thence westwardly with the south line of said Inlot and the north line of Beech Street, 125 feet to the beginning.
Parcel No. 6 - Barberton Armory, MVSB, MCOFT Property - Volume 2619, Page 529, Summit County Deed Records
Situated in the City of Barberton, and formerly part of O.D. 581, Norton Township, County of Summit and state of Ohio and more fully described as follows:
Beginning at the intersection of the east right of way line of The Akron & Barberton Belt Line Railway with the south line of Norton Ave.; Thence easterly along the said south line of Norton Ave. a distance of 785.5 feet to the center of Decker Ditch, said point being 64 feet westerly from the west line of Firth St. N.W.; Thence southwesterly on the center line of said Decker Ditch a distance of 1428 feet to a point on the east right of way line of the Akron & Barberton Belt Line Railway; Thence northeasterly along said east right of way line a distance of 1025 feet to the place of beginning and containing 8.96 acres.
Parcel No. 7 - Coshocton Armory, MVSB & Unit Storage Building Property - Volume____, Page____, Coshocton County Deed Records
Situated in the County of Coshocton in the State of Ohio, and in the City of Coshocton and bounded and described as follows:
Lots numbered 2282, 2283, 2284, 2285, 2286, 2287, 2288, 2289, 2290, 2291, 2292, 2293, 2304, 2305, 2306, 2307, 2308, 2309, 2310, 2311, 2312, and 2313, as shown on the plat of said City of Coshocton.
Parcel No. 8 - Cincinnati - Shadybrook Drive Armory, OMS #6, Unit Storage Building Property - Volume 129, Page 422, Hamilton County Deed Records
Situated in Springfield Township, Section 7, Town 3, Entire Range 1, Miami Purchase, Hamilton County, Ohio, and more fully described as follows:
Beginning at a point N. 85 degrees 39' W., 1,106.14 feet from the center line of Vine Street along the center line of Shadybrook Drive, thence at right angles N. 4 degrees 21" E., 30.00 feet to the S.W. corner of the herein described property; thence from the stake at this corner N. 4 degrees 21' E., 556.50 feet to a stake in the N.W. corner; thence S. 85 degrees 39' E., 586.40 feet to a stake located 1.00 foot West of an existing chain link fence; thence S. 1 degree 13' W., 557.35 feet parallel with the fence to a stake which is 30.04 feet from the center line of Shadybrook Drive; thence N. 85 degrees 39' W., 617.02 feet parallel with Shadybrook Drive to the point of beginning. Being a tract of 7.69 acres.
Being part of the premises conveyed to Lessor herein in Deed Book No. 1248, Page 86, Hamilton County, Ohio, Records.
Parcel No. 9 - Cincinnati - Reading Road, MVSB & MCOFT Property - Volume 1710, Page 172, Hamilton County Deed Records
All that tract of land in the City of Cincinnati, Hamilton County, Ohio, being part of Lots 48 and 49 on the plat of Mitchell-Armstrong Syndicate 2nd Subdivision, as recorded in Plat Book No. 13 page 131 Hamilton County Records, beginning at the northeast corner of Reading Road and Asmann Avenue (formerly Hopkins Avenue); thence east along the north line of Asmann Avenue (formerly Hopkins Avenue) nine hundred and fifty (950) feet more or less to the west line of property conveyed to The City of Cincinnati for street, boulevard, and park purposes, by Eugenia H. Bragg, by deed dated April 23, 1912, and recorded in Deed Book No. 1065 page 255 Hamilton County Ohio Records; thence north along said west line three hundred and eighty-five (385) feet more or less to the north line of said lot 49; thence west along the north line of said lot four hundred and ninety-five (495) feet more or less to the east line of Reading Road; thence southwestwardly along said easterly line five hundred (500) feet more or less to the place of beginning, containing five and 92/100 (5.92) acres more or less; Being the same property conveyed to the Grantor by Caleb S. Bragg et al by deed dated January 15, 1920 and recorded in Deed Book 1206, page 346, Records of Hamilton County, Ohio.
Parcel No. 10 - Chillicothe Armory - Volume 201, Page 177, Ross County Deed Records
Situate in the City Park in the City of Chillicothe, County of Ross, and state of Ohio, be, and the same is hereby donated to the State of Ohio: - Beginning at a point 628.88' on the center line of Paint Street extended, (which has a bearing of N. 11 degrees 8 minutes W.) from the intersection of the North property line of Riverside Street with the center line of Paint Street; thence N. 28 degrees 46 minutes E. 102.73' to a stake; thence N. 14 degrees 20 minutes W. 300' to a stake in the south side of a cinder path; thence with the path S. 82 degrees 40 minutes W. 201.50' to a stake; thence S. 14 degrees 20 minutes E. 324.56' to a stake near the north side of the Park roadway; thence S. 47 degrees 43 minutes E. 150.20' to a steel flag pole in the concrete foundation of the Park cannon; thence N. 28 degrees 46 minutes E. 69.02' to the beginning, containing 1.67 acres of land more or less.
Parcel No. 11 - Ironton Armory - Deed Volume 150, Page 246, Lawrence County Deed Records
Situate in the City of Ironton, Upper Township, Lawrence County, Ohio, to-wit: Being a part of lots 886 and 888 of the Ohio Iron and Coal Company's Third Addition to the City of Ironton, Lawrence County, Ohio, and being further described as follows:
Beginning at the intersection of the South line of Vernon Street and the West line of Jersey Alley; thence in a westerly direction with the South line of Vernon Street 140 feet to a point; thence at right angles to Vernon Street in a southerly direction, parallel with the line of Jersey Alley 264 feet to the North line of Washington Street; thence in an easterly direction with the North line of Washington Street 140 feet to the West line of Jersey Alley; thence in a Northerly direction with the West line of Jersey Alley 264 feet to the place of beginning.
Parcel No. 12 - Westerville Armory - Volume 1048, Page 206, Franklin County Deed Records
Situate in the state of Ohio, County of Franklin and being part in the Township of Blendon and part in the Village of Westerville, Ohio, and being Parcel 3 and part of Parcel 2 as set forth by the Court of Common Pleas, Case #142,802, Franklin County, Ohio, in the division of the lands of Jacob Keefer and being more particularly described as follows:
Beginning at an iron pin at the S.W. corner of the said Jacob Keefer land and in the east line of State Street in the Village of Westerville, the same being the S.W. corner of Parcel 3 above mentioned; thence with the east line of State Street N. 15 degrees 40' W. 250 ft. to an iron pin; thence S. 85 degrees 59' E. 516.97 ft. across Parcel #2 to an iron pin in the west line of the Railroad right of way and the east line of Parcel #2; thence S. 3 degrees 32' W. 230.5 ft. to an iron pin in the south line of said Keefer land and the S.E. corner of Parcel 3; thence N. 86 degrees 37' W. with the south line of said parcel, 435.4 ft. to the place of beginning containing 2.548 acres, of which 1.150 acres is in the Village of Westerville.
LESS the following described real estate:
By the Village of Westerville Resolution, passed: November 2, 1937. There be it ordained by the Council of the Village of Westerville, State of Ohio, two-thirds of all members elected thereto concurring: Section 1. That the following described property be and the same is hereby appropriated to public use for street purposes, to-wit: a strip of land twenty (20) feet in width, off of the south portion of the above described property.
LESS the following described real estate:
Transfer of Jurisdiction to the Ohio Department of Transportation, December 7, 1973. Situated in the City of Westerville, County of Franklin, State of Ohio, and in the Quarter Township 2, Township 2, Range 17, United States Military Lands, and bounded and described as follows:
Parcel No. 90 WD. Being a parcel of land lying on the right side of the centerline of survey, made by the Department of Highways, and recorded in Book 41, Page 65, of the records or Franklin County and being located within the following described points in the boundary thereof:
Beginning at Grantor's southwesterly corner, said corner being 30.00 feet right of the centerline station 219+57.93 in the above mentioned survey; thence along Grantor's westerly line, being parallel with, and 30.00 feet distant from said centerline, North 15 degrees 59'17" West a distance of 250.00 feet; thence along Grantor's northerly line South 86 degrees 20'01" East a distance of 10.62 feet; thence along a line parallel with, and 40.00 feet distant from said centerline, South 15 degrees 59'17" East a distance of 249.87 feet; thence along Grantor's southerly line North 86 degrees 59'10" West a distance of 10.58 feet to the place of beginning, containing 0.057 acres, more or less.
LESS the following described real estate deeded to the City of Westerville
Situated in the City of Westerville, County of Franklin, State of Ohio, Quarter township 2, Township 2N, Range 17W, of the United States Military Lands, being part of a 0.3257 acre tract and bounded and described as follows:
Beginning at the Grantors northeasterly corner being 7.50 feet right of centerline Station 25+70.81 and the true point of beginning; thence South 03 degrees 25'16" West with said westerly property line in the Board of Education of the Westerville School District (D.V. 1017, Page 135), a distance of 214.60 feet to the northerly property line of the United States Postal Service (OR 17103 A-16) and being 7.50 feet right of centerline Station 23+56.21; thence North 85 degrees 04'44" West with the northerly line of said United States Postal Service tract, a distance of 15.01 feet to a point 7.50 feet left of centerline Station 23+56.61; thence North 03 degrees 25'16" East a distance of 214.77 feet to the Grantors northerly line and being 7.50 feet left of centerline Station 25+71.38; thence South 84 degrees 25'42" East, a distance of 15.01 feet to the true point of beginning and containing 1.174 acres of land more or less. Basis of bearings is a graphic solution taken from the U.S.G.S. Quadrangle Map, Galena Quadrangle, for the old railroad between I.R. 270 and College Avenue having a bearing of North 03 degrees 25'16" East. The above description was prepared from an actual survey by Maynard H. Thompson, Professional Surveyor No. 7128.
LESS the following described real estate deeded to Frank E. and Marilyn A. Hill:
Situated in the City of Westerville, County of Franklin, State of Ohio, and being part of Range 17, Township 2, Section 2, United States Military Lands and described as follows:
Beginning at an iron pin found at the Northeast corner of the Ohio NationalGuard Tract and in the Westerly line of Frank E. and Marilyn A. Hill purchase of the Consolidated Rail Corporation Land, of Records in Document No. 6094C12, Recorder's Office, Franklin County, Ohio. Said iron pin being also the Easterly terminus of the division line of an unnamed alley described in Ordinance No. 79-13, recorded in Volume 172, Page 253, Miscellaneous Records, Recorder's Office, Franklin County, Ohio, being a: ". . . twenty foot right-of-way located on the North side of the Ohio National Guard Armory and on the South side of the Hill Funeral Home extending from the South State Street easterly to the Consolidated Railroad Right-of-way, the southwest corner of said alley being located 40.00 feet right of State Street centerline station 222 plus 04.36, Department of Highway survey recorded in Book 41, Page 65, of the records of Franklin County, be and the same is vacated hereby . . ."
And bearing N 02 degrees 49 minutes 24 seconds E, 240.35 feet from the northeast corner of the United States Postal Service tract and the southeast corner of said Ohio National Guard Armory Tract; thence S 02 degrees 49 minutes 24 seconds W, 25.00 feet to an iron pin set in said Consolidated Railroad Right-of-way westerly line; thence N 86 degrees 28 minutes 15 seconds W, 500.83 feet to an iron pin set in the easterly line of State Street; thence N 16 degrees 09 minutes 59 seconds W, 26.55 feet with said easterly line of State Street, to a PK nail and flasher set on the westerly terminus of said division of the unnamed alley; thence S 86 degrees 28 minutes 15 seconds E, 509.50 feet to the place of beginning containing 12,627 square feet or 0.289884 acres. Bearings based on a field survey of the Consolidated Railroad Right-of-way dated October 5, 1984, and of record in Document No. 6094C12, Franklin County Recorder's Office.
WITH THE ADDITION OF the following real estate from Frank E. and Marilyn A. Hill:
Situated in the City of Westerville, County of Franklin, State of Ohio, and being part of Range 17, Township 2, Section 2, United States Military Lands and described as follows: Beginning at an iron pin found at the Southeast corner of the Ohio National Guard Tract and in the Westerly line of Frank E. and Marilyn A. Hill purchase of the Consolidated Rail Corporation Land, of Records in Document No. 6094C12, Recorder's office, Franklin County, Ohio, said iron pin also the Southeast corner of said purchase; thence N 02 degrees 49 minutes 24 seconds E, 215.35 feet with the East line of the Ohio National Guard Tract and the West line of said purchase to an iron pin; thence S 86 degrees 28 minutes 15 seconds E 66.0 feet to an iron pin set in the east line of said purchase; thence S 02 degrees 49 minutes 24 seconds W, 214.60 feet with said East line to an iron pin found at the Southeast corner of said purchase; thence N 87 degrees 07 minutes 19 seconds W, 65.99 feet to the place of beginning containing 14,187 square feet or 0.325695 acres. Bearings based on a field survey of the Consolidated Railroad Right-of-way dated October 5, 1984, and of record in Document No. 6094C12, Franklin County Recorder's Office.
(B) At the request of the Adjutant General, the Director of Administrative Services shall, pursuant to the procedures described in division (C) of this section, assist in the sale of any of the parcels described in division (A) of this section.
(C) The Adjutant General's Department shall appraise the parcels described in division (A) of this section or have them appraised by one or more disinterested persons for a fee to be determined by the Adjutant General. The Adjutant General shall offer the parcels for sale as follows:
(1) The Adjutant General first shall offer a parcel for sale at its appraised value to the municipal corporation or township in which it is located.
(2) If, after sixty days, the municipal corporation or township has not accepted the Adjutant General's offer to sell the parcel at its appraised value or has accepted the offer but has failed to complete the purchase, the Adjutant General shall offer the parcel at its appraised value to the county in which it is located.
(3) If, after sixty days, the county has not accepted the Adjutant General's offer to sell the parcel at its appraised value or has accepted the offer but has failed to complete the purchase, a public auction shall be held, and the parcel shall be sold to the highest bidder at a price acceptable to the Adjutant General. The Adjutant General may reject any and all bids.
The Adjutant General shall advertise each public auction in a newspaper of general circulation within the county in which the parcel is located, once a week for two consecutive weeks prior to the date of the auction. The terms of sale of the parcel pursuant to the public auction shall be payment of ten per cent of the purchase price in cash, bank draft, or certified check on the date of sale, with the balance payable within sixty days after the date of sale. A purchaser who does not timely complete the conditions of the sale as prescribed in this section shall forfeit to the state the ten per cent of the purchase price paid on the date of the sale as liquidated damages.
(D) Advertising costs, appraisal fees, and other costs of the sale of the parcels described in division (A) of this section shall be paid by the Adjutant General's Department.
(E) Upon the payment of ten per cent of the purchase price of a parcel described in division (A) of this section in accordance with division (C)(3) of this section or upon notice from the Adjutant General's Department that a parcel described in division (A) of this section has been sold to a municipal corporation, township, or county in accordance with division (C) of this section, a deed shall be prepared for that parcel by the Auditor of State with the assistance of the Attorney General, 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. Upon the grantee's payment of the balance of the purchase price, the deed shall be delivered to the grantee. The grantee shall present the deed for recording in the office of the county recorder of the county in which the parcel is located.
(F) The net proceeds of the sales of the parcels described in division (A) of this section shall be deposited in the state treasury to the credit of the Armory Improvements Fund pursuant to section 5911.10 of the Revised Code.
(G) If a parcel described in division (A) of this section is sold to a municipal corporation, township, or county and that political subdivision sells the parcel within two years after its purchase, the political subdivision shall pay to the state, for deposit in the state treasury to the credit of the Armory Improvements Fund pursuant to section 5911.10 of the Revised Code, an amount representing one-half of any net profit derived from that subsequent sale. The net profit shall be computed by first subtracting the price at which the political subdivision bought the parcel from the price at which the political subdivision sold the parcel, and then subtracting from that remainder the amount of any expenditures the political subdivision made for improvements to the parcel.
(H) This section shall expire five years after its effective date.
Section 3. (A) The Governor is hereby authorized to execute a deed in the name of the state conveying to Robert Wiley of Gallia County, Ohio, and his successors and assigns, all of the state's right, title, and interest in the following described real estate:
Situate in the Village of Gallipolis, Gallipolis Township, Section 23, Gallia County Ohio, and being more particularly described as follows:
Beginning for reference at the junction of the centerlines of Ohio Avenue and Mill Creek Road;
thence with the centerline of Mill Creek Road the following:
N 58°10'42" E, 561.99 feet to a mag nail;
N 67°15'35" E, 28.17 feet to a mag nail;
N 68°23'52" E, 57.86 feet to a mag nail;
N 72°21'19" E, 154.13 feet to a mag nail;
N 73°01'52" E, 183.68 feet to a point; 187.60 feet along a curve to the left, having a delta angle of 42°03'30", a radius of 255.566 feet, and a chord bearing S 52°00'07" W, 183.42 feet to a point;
N 30°58'22" E, 260.07 feet to a point;
N 30°03'25" E, 31.33 feet to a mag nail (set);
N 30°03'23" E, 85.00 feet to a mag nail (set), being the most southerly corner of Carol Lewis' 0.145 acre tract (Vol. _____ Pg. _____) and the place of beginning;
Thence leaving said road and with Lewis' south line, N 59°27'54" W, 134.00 feet to an iron pin (set) in Lewis' most westerly corner;
thence S 1°12'50" W, 98.47 feet to an iron pin (set);
thence S 59°27'54" E, 85.00 feet to the centerline of Mill Creek Rd;
thence with said centerline, N 30°03'23" E, 85.00 feet to the place of beginning, containing 0.214 acres, more or less.
Being a part of the grantor's estate as described vol. 90, pg. 591, deed records of Gallia, County, Ohio. Subject to all legal easements, leases, and rights of way of record.
Being a part of Gallia County Auditor parcel identification number # 007-555-145-00.
All bearings are from an assumed meridian and are used to denote angular measurements only.
The above description is the result of an actual survey performed by Craig L. Barnes, State of Ohio Professional Surveyor No. 6988, in August, 2003.
All iron pins (set), are 5/8" x 30" rebars w/aluminum discs stamped Gallia Co. engineer's Office.
Situate in the Village of Gallipolis, Gallipolis Township, Section 23, Gallia County Ohio, and being more particularly described as follows:
Beginning for reference at the junction of the centerlines of Ohio Avenue and Mill Creek Road;
thence with the centerline of Mill Creek Road the following:
N 58°10'42" E, 561.99 feet to a mag nail;
N 67°15'35" E, 28.17 feet to a mag nail;
N 68°23'52" E, 57.86 feet to a mag nail;
N 72°21'19" E, 154.13 feet to a mag nail;
N 73°01'52" E, 183.68 feet to a point; 187.60 feet along a curve to the left, having a delta angle of 42°03'30", a radius of 255.566 feet, and a chord bearing S 52°00'07" W, 183.42 feet to a point;
N 30°58'22" E, 260.07 feet to a point;
N 30°03'25" E, 31.33 feet to a mag nail (set);
N 30°03'23" E, 85.00 feet to a mag nail;
N 30°03'23" E, 36.00 feet to a point;
N 28°48'51" E, 24.00 feet to a mag nail (set) in the northeast corner of Carol Lewis' 0.145 acre tract (Vol. _____ Pg. _____), the place of beginning;
Thence continuing with said centerline, N 28°48'41" E, 27.00 feet to a mag nail (set);
thence leaving said centerline, N 61°58'19" W, 134.00 feet to an iron pin (set);
thence S 29°19'52" W, 81.13 feet to an iron pin (set) in Lewis' most westerly corner;
thence with Lewis' north line, N 71°02'07" E, 74.00 feet to a mag nail (set);
thence S 61°58'19" E, 85.00 feet to 0.114 acres, more or less.
Being a part of the grantor's real estate as described vol. 80, pg. 626, deed records of Gallia County, Ohio, but being corrected by this survey. Subject to all legal easements, leases, and rights of way of record.
Being a part of Gallia County Auditor parcel identification number # 007-555-145-00.
All bearings are from an assumed meridian and are used to denote angular measurements only. The above description is the result of an actual survey performed by Craig L. Barnes, State of Ohio Professional Surveyor No. 6988, in August, 2003.
All iron pins (set), are 5/8" x 30" rebars w/aluminum discs stamped Gallia Co. Engineer's Office.
(B) Consideration for the conveyance of the real estate described in division (A) of this section is the purchase price of $3,600.00.
(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 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 Robert Wiley. Robert Wiley shall present the deed for recording in the Office of the Gallia County Recorder.
(D) Robert Wiley shall pay the costs of the conveyance of the real estate described in division (A) of this section.
(E) This section shall expire one year after its effective date.
Section 4. (A) The Governor is hereby authorized to execute a deed in the name of the state conveying to the Board of County Commissioners of Gallia County, and its successors and assigns, all of the state's right, title, and interest in the following described real estate:
Situate in the Village of Gallipolis, Gallipolis Township, Section 23, Gallia, County Ohio, and being more particularly described as follows:
Beginning for reference at the junction of the centerlines of Ohio Avenue and Mill Creek Road;
thence with the centerline of Mill Creek Road the following 2 bearings and distances:
N 58°10'42" E, 561.99 feet to a point;
N 67°15'35" E, 19.30 feet to the place of beginning:
thence leaving said centerline and severing the grantor's lands the following:
N 2º35'37" W, 72.50 feet to an iron pin (set);
thence N 2°35'37" W, 125.86 feet to an iron pin (set);
thence N 36°46'16" W, 8.36 feet to an iron pin (set) in the P.C. of a curve in the east line a 40, right of way of East Avenue;
thence 45.37 feet along a curve to the left, having a radius of 84.00 feet, a delta angle of 30°56'44", and a chord bearing N 37°45'22" E, 44.82 feet to the P.T.;
thence still with said right of way, N 22°17'00" E, 10.00 feet to a point;
thence N 22°30'14" E, 182.92 feet to an iron pin (set) in the P.C. of a curve;
thence 205.82 feet along a curve to the left, having a radius of 123.909 feet, a delta angle of 95°10'24", and a chord bearing N 25°04'58" W, 182.96 feet;
thence still with said right of way, N 72°40'10" W, 4.92 feet to an iron pin (set);
thence leaving said East Avenue, N 17°48'36" E, 85.25 feet to an iron pin (set);
thence S 71°55'48" E, 121.90 feet to an iron pin (set);
thence S 89°57'58" E, 458.48 feet to an iron pin (set) in the most westerly corner of Carol Lewis' 0.145 acre tract (Vol. 278, Pg. 629);
thence along a 0.214 acre tract as described in ______, S 0°12'50" W, 98.47 feet to an iron pin (set);
thence S 59°27'54" E, 85.00 feet to a mag nail in the centerline of Mill Creek Road;
thence with said centerline the following:
S 30°03'25" W, 31.33 feet to a mag nail;
S 30°58'22" W, 260.07 feet to a point; 187.60 feet along a curve to the right, having a delta angle of 42°03'30", a radius of 255.566 feet, and a chord bearing S 52°00'07" W, 183.42 feet to a point;
S 73°01'52" W, 183.68 feet to a mag nail;
S 72°21'19" W, 154.13 feet to a mag nail;
S 68°23'52" W, 57.86 feet to a mag nail;
S 67°15'35" W, 8.87 feet to the place of beginning, containing 6.792 acres, more or less.
Being a part of the grantor's real estate as described in vol. 60, pg. 542, vol. 77, pg. 340, vol. 80, pg. 626, vol. 82, pg. 400, and vol. 90, pg. 591, deed records of Gallia County, Ohio. Subject to all legal easements, leases, and rights of way of record.
Being a part of Gallia County Auditor parcel identification number # 007-555-145-00.
All bearings are from an assumed meridian and are used to denote angular measurements only.
The above description is the result of an actual survey performed by Craig L. Barnes, State of Ohio Professional Surveyor No. 6988, in August, 2003.
All iron pins (set), are 5/8" x 30" rebars w/aluminum discs stamped Gallia Co. Engineer's Office.
(B) Consideration for the conveyance of the real estate described in division (A) of this section is the purchase price of $26,000.00.
(C) The real estate described in division (A) of this section shall be sold as an entire tract and not in parcels.
(D) Prior to the execution of the deed described in division (E) of this section, possession of the real estate described in division (A) of this section shall be governed by an existing interim lease between the state and the Board of County Commissioners of Gallia County.
(E) Upon payment of the purchase price, the Auditor of State, with the assistance of the Attorney General, shall prepare a deed to the real estate described in division (A) of this section. The deed shall state the consideration. The deed shall be executed by the Governor in the name of the state, countersigned by the Secretary of State, sealed with the Great Seal of the State, presented in the Office of the Auditor of State for recording, and delivered to the Board of County Commissioners of Gallia County. The Board of County Commissioners of Gallia County shall present the deed for recording in the Office of the Gallia County Recorder.
(F) The Board of County Commissioners of Gallia County shall pay the costs of the conveyance of the real estate described in division (A) of this section.
(G) This section shall expire 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 a buyer or buyers to be determined in the manner provided in division (C) of this section, and the buyer's or buyer's successors and assigns or heirs and assigns, all of the state's right, title, and interest in the following described real estate that has been determined as no longer required for state purposes:
Situated in the Township of Wooster, County of Wayne, State of Ohio, and known as part of the Southwest Quarter of Section 12, T-15, R-13, and more fully described as follows:
COMMENCING at the Northwest Corner of the Southwest Quarter of Section 12 and bounded by the following courses,
1) Thence S 87°50'00" E along the north line of the Southwest Quarter of Section 12 a distance of 2,620.06 feet to the Northeast Corner of the Southwest Quarter of Section 12,
2) Thence, S 2°53'14" W along the east line of the Southwest Quarter of Section 12 a distance of 432.21 feet to an iron pin.
3) Thence, N 87°50'00" W and parallel with the north line of the Southwest Quarter of Section 12 a distance of 2,621.13 feet to a point on the Southwest Quarter of Section 12,
4) Thence, N 3°01'41" E along the west line of the Southwest Quarter of Section 12 a distance of 432.23 feet to the PLACE OF BEGINNING containing 26.000 acres, more or less.
All iron pins set are a 5/8 inch iron bar, 30 inches in length, with a yellow plastic cap marked "RUDOLPH 6449".
Basis of Bearings: Survey "MM" 491 Wayne County Survey Records, S 87°50'00" E on the north line of the Southwest Quarter of Section 12, Wooster Township.
This description prepared from a field survey by: R.G. Rudolph Surveying, Inc. by: RONALD G. RUDOLPH P.S. 6449, January 5, 1995, Job No. 8441. See Wayne County Survey Record Volume "NN" Page 412.
Prior Instrument Reference: Volume 720, Page 770, of the Deed Records of Wayne County, Ohio. Parcel Number 5602376004
(B) The Director of Administrative Services, pursuant to the procedures described in division (C) of this section, shall assist the Department of Mental Retardation and Developmental Disabilities in the sale of the real estate described in division (A) of this section.
The Department of Administrative Services is hereby authorized to conduct a public auction and shall sell the real estate described in division (A) of this section to the highest bidder at a price acceptable to the Director of Administrative Services. The Director of Administrative Services may reject any and all bids for any reason whatsoever. If the public auction does not generate a price acceptable to the Director of Administrative Services, the auction may be deemed "no sale," and the process described in division (C) of this section may be repeated.
(C) The Department of Administrative Services shall advertise the auction described in division (B) of this section in a newspaper of general circulation within Wayne County, Ohio, once a week for three consecutive weeks prior to the date of the auction. The terms of sale shall be payment of ten per cent of the purchase price, as bid by the highest bidder, in cash, bank draft, or certified check on the date of the sale, with the balance payable within sixty days after the date of sale. A purchaser who does not complete the conditions of the sale as prescribed in this section shall forfeit the ten per cent of the purchase price to the state as liquidated damages. If the Director of Administrative Services declares an auction to be "no sale," the Department shall return the deposit submitted by the highest bidder.
(D) The Department of Mental Retardation and Developmental Disabilities shall pay the advertising and other costs of the sales described in division (A) of this section.
(E) Upon payment of the ten per cent of the purchase price pursuant to division (C) 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, and presented for recording in the Office of the Auditor of State. Upon the grantee's payment of the balance of the purchase price, the deed shall be delivered to the grantee. The grantee shall present the deed for recording in the office of the Wayne County Recorder.
(F) The net proceeds of the sale of the parcel described in division (A) of this section shall be deposited in the state treasury to the credit of the Residential Facilities Support Fund 152 within the Department of Mental Retardation and Developmental Disabilities.
(G) This section shall expire two years 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 Association for the Developmentally Disabled, Ohio (the "Grantee"), and its successors and assigns, all of the state's right, title, and interest in the following described real estate:
Situate in the state of Ohio, being all those lands conveyed to the state of Ohio by Deed of Record, dated April 29, 1977 and recorded in Deed Book 272, Page 422, Recorder's Office, Union County, Ohio and being more particularly described as follows:
Situated in the City of Marysville, Paris Township, Union County, Ohio. Being part of Survey No. 3351.
Beginning as a point in the centerline of Elwood Avenue, being North 46°15' West 506.8 feet (deed distance) from the centerline intersection of Marysville-Marion Road with the centerline of said Elwood Avenue (Marysville Kenton Road);
thence along the centerline of said Elwood Avenue North 46°15' West a distance of 71.00 feet to a P.K. Nail';
thence North 43°45' East a distance of 178.00 feet along the Easterly line of a 0.27 acre tract owned by Lawrence E. and Ruth M. Mouser as described in Deed Book 180, Page 684, Union County Recorder's Office to an iron pipe, passing over a pipe at 30 feet;
thence South 73°08' East a distance of 67.86 feet to an iron pipe;
thence South 43°45' West a distance of 75 feet to an iron pipe;
thence South 21°32'30" West a distance of 27.86 feet to an iron pipe;
thence South 43°45' West a distance of 108 feet (passing over an iron pipe at 78 feet) to the place of beginning.
Containing 0.288 acres, more or less, subject to all easements and rights of way of record. The aforegoing is recited from a description of Record in said Deed Book 272, Page 422, Union County Records and prepared by Fred L. Stults, P.S. No. 5479, August 22, 1968.
Parcel #29-0005252.000
Map #89-16-04-011.000
Street Address: 154 Elwood Street, Marysville, Ohio 43040
(B) Consideration for the conveyance of the real estate described in division (A) of this section is the purchase price of $13,000.00.
(C) The real estate described in division (A) of this section shall be sold as an entire tract and not in parcels.
(D) Prior to the execution of the deed described in division (E) of this section, possession of the real estate described in division (A) of this section shall be governed by an existing interim lease between the state and the Grantee.
(E) Upon payment of the purchase price, the Auditor of State, with the assistance of the Attorney General, shall prepare a deed to the real estate described in division (A) of this section. The deed shall state the consideration. The deed shall be executed by the Governor in the name of the state, countersigned by the Secretary of State, sealed with the Great Seal of the State, presented in the Office of the Auditor of State for recording, and delivered to the Grantee. The Grantee shall present the deed for recording in the Office of the Union County Recorder.
(F) The deed described in division (E) of this section shall contain a deed restriction that the Grantee shall continue to operate an existing residential facility located on the real estate described in division (A) of this section for individuals with mental retardation and developmental disabilities for a period of time of not less than five years from the date of closing.
(G) The deed described in division (E) of this section shall contain a deed restriction that prohibits the Grantee from selling, conveying, or transferring ownership of the real estate described in division (A) of this section for a period of time of not less than five years from the date of closing.
(H) The deed described in division (E) of this section shall contain a provision requiring that, in the event of the Grantee's default on, or breach of, either division (F) or division (G) of this section, the Grantee immediately shall pay to the Department of Mental Retardation and Developmental Disabilities (the "Agency") the sum equal to Agency's investment in the premises, $117,000.00
(I) The Grantee shall pay the costs of the conveyance of the real estate described in division (A) of this section.
(J) 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 Residential Facilities Support Fund 152 within the Department of Mental Retardation and Developmental Disabilities.
(K) This section shall expire 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 Cincinnati's Optimum Residential Environments, Incorporated, Ohio (the "Grantee"), and its successors 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 one of ten (10) parcels conveyed to the State of Ohio, Ohio Department of Mental Retardation and Developmental Disabilities by a Court Ordered ENTRY OF SETTLEMENT, being Case No. A-8809334, State of Ohio, Ohio Department of Mental Retardation and Developmental Disabilities vs. N.J. Care Corporation (AKA N & J Care, Inc.) dated November 21, 1988, conveying a fee simple interest in said ten (10) parcels, said parcels also being described in Registered Land Certificates of Title Nos. 121568, 121569, 121570, 121571 and 121572 dated October 19, 1983 in Registration Book 330, Pages 121568 through 121572, Recorder's Office, Hamilton County, Ohio said parcel being more particularly described as follows:
Parcel One
Situate in Section 23, Town 4, Fractional Range 2, Miami Purchase, City of Cincinnati, Hamilton County, Ohio and being more particularly described as follows:
Beginning at a point in the Southerly line of Proposed Glenedge Lane located as follows:
Commencing at the Southeast corner of said Registered Land, said Southeast corner being in the West line of Kennedy Heights Subdivision as recorded in Plat Book 7, Page 74, Hamilton County, Ohio Records South 0°01' East 1453.44 feet from the South line of Woodford Road, 40 feet wide;
thence North 0°01' West along said West line and along the East line of said Registered Land 206.62 feet to the Southerly line of proposed Robinson Road;
thence North 53°18' West along said Southerly line 247.74 feet to the Southerly line of Proposed Glenedge Lane;
thence along said Southerly line of the arc of a circle curving to the right and having a radius of 311.68 feet, a distance of 60.42 feet, the chord of said arc bears South, 47°08' West 60.33 feet;
thence continuing along said Southerly line South 52°41' West 200.46 feet;
thence continuing along said Southerly line on the arc of a circle curving to the right, tangent to the last described course and having a radius of 315.01 feet, a distance of 209.20 feet;
thence continuing along said Southerly line North 89°16' West tangent to the last described arc 30.67 feet to the point of beginning for this conveyance;
thence from said point of beginning along the South line of Proposed Glenedge Lane North 89°16' West 60 feet;
thence South 0°22' east 120 feet to the South line said Registered Land;
thence South 89°16' East along said South line 60 feet;
thence North 0°22' West 120 feet to the place of beginning. Being parts of Lots No. 107 and 108 of Glen Eagle Heights Subdivision.
Also, the following described Real Estate, to-wit:
Situate in Section 23, Town 4, Fraction Range 2, Miami Purchase, City of Cincinnati, Hamilton County, Ohio and being all that 10 foot of land originally registered in Certificate No. 8172, and being more particularly described as follows:
Beginning at a point in the Southerly line of Proposed Glenedge Lane located as follows:
Commencing at the Southeast cornier of said Registered Land, said Southeast corner being in the West line of Kennedy Heights Subdivision as recorded in Plat Book 7, Page 74, Hamilton County, Ohio Records South 0°01' East 1453.44 feet from the South line of Woodford Road, 40 feet wide;
thence North 0°01' West along said West line and along the East line of said Registered Land 206.62 feet to the Southerly line of proposed Robinson Road;
thence North 53°18' West along said Southerly line 247.74 feet to the Southerly line of Proposed Glenedge Lane;
thence along said Southerly line of the arc of a circle curving to the right and having a radius of 311.68 feet, a distance of 60.42 feet, the chord of said arc bears South 47°08' West 60.33 feet;
thence continuing along said Southerly line South 52°41' West 200.46 feet;
thence continuing along said Southerly line on the arc of a circle curving to the right, tangent to the last described course and having a radius of 315.01 feet, a distance of 209.20 feet;
thence continuing along said Southerly line North 89°16' West tangent to the last described arc 90.67 feet to the point of beginning for this conveyance;
thence from said point of beginning also the South line of proposed Glenedge Lane North 89°16' West 10 feet;
thence South 0°22' East 120 feet to the South line of said Registered Land;
thence South 89°16' East along said South line 10 feet;
thence North 00 22' West 120 feet to the place of beginning. Being part of Lot No. 107 of proposed Glen Eagle Heights Subdivision.
The aforegoing is recited from a description as included in an ENTRY OF SETTLEMENT, as ordered by the Court of Common Pleas, Case No. A-8809334 and submitted by the Department of Mental Retardation and Developmental Disabilities to the Department of Administrative Services.
Street Address: 3535 Glenedge Lane, Cincinnati, Ohio 45213
(B) Consideration for the conveyance of the real estate described in division (A) of this section is the purchase price of $10,720.00.
(C) The real estate described in division (A) of this section shall be sold as an entire tract and not in parcels.
(D) Prior to the execution of the deed described in division (E) of this section, possession of the real estate described in division (A) of this section shall be governed by an existing interim lease between the state and the Grantee.
(E) Upon payment of the purchase price, the Auditor of State, with the assistance of the Attorney General, shall prepare a deed to the real estate described in division (A) of this section. The deed shall state the consideration. The deed shall be executed by the Governor in the name of the state, countersigned by the Secretary of State, sealed with the Great Seal of the State, presented in the Office of the Auditor of State for recording, and delivered to the Grantee. The Grantee shall present the deed for recording in the Office of the Hamilton County Recorder.
(F) The deed described in division (E) of this section shall contain a deed restriction that the Grantee shall continue to operate an existing residential facility located on the real estate described in division (A) of this section for individuals with mental retardation and developmental disabilities for a period of time of not less than five years from the date of closing.
(G) The deed described in division (E) of this section shall contain a deed restriction that prohibits the Grantee from selling, conveying, or transferring ownership of the real estate described in division (A) of this section for a period of time of not less than five years from the date of closing.
(H) The deed described in division (E) of this section shall contain a provision requiring that, in the event of the Grantee's default on, or breach of, either division (F) or division (G) of this section, the Grantee immediately shall pay to the Department of Mental Retardation and Developmental Disabilities (the "Agency") the sum equal to Agency's investment in the premises, $96,482.00.
(I) The Grantee shall pay the costs of the conveyance of the real estate described in division (A) of this section.
(J) 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 Residential Facilities Support Fund 152 within the Department of Mental Retardation and Developmental Disabilities.
(K) This section shall expire 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 Cincinnati's Optimum Residential Environments, Incorporated, Ohio (the "Grantee"), and its successors 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 one of ten (10) parcels conveyed to the State of Ohio, Ohio Department of Mental Retardation and Developmental Disabilities by a Court Ordered ENTRY OF SETTLEMENT, being Case No. A-8809334, State of Ohio, Ohio Department of Mental Retardation and Developmental Disabilities vs. N.J. Care Corporation (AKA N & J Care, Inc.) dated November 21, 1988, conveying a fee simple interest in said ten (10) parcels, said parcels also being described in Registered Land Certificates of Title Nos. 121568, 121569, 121570, 121571 and 121572 dated October 19, 1983 in Registration Book 330, Pages 121568 through 121572, Recorder's Office, Hamilton County, Ohio said parcel being more particularly described as follows:
Situate in Section 15, Township 3, Fractional Range 2, City of Cincinnati, Miami Purchase, Hamilton County, Ohio in what is known as the lower tract of the William Resor Land bounded and described as follows:
Beginning at the point in the north line of Woolper Avenue, 570 feet east of the east line of Clifton Avenue;
thence extending northwardly on a line parallel with the east line of Clifton Avenue, 150 feet more or less, to a point in the south line of Lot No. 17 of Resor Park Subdivision;
thence eastwardly along the south line of Lot No. 17 of Resor Park Subdivision, 50 feet to a point;
thence southwardly on a line parallel with the east line of Clifton Avenue, 150 feet, more or less, to a point in the north line of Woolper Avenue, 620 feet east from the east line of Clifton Avenue;
thence westwardly 50 feet along the north line of Woolper Avenue to the place of beginning;
being a lot of land fronting 50 feet on the north side of Woolper Avenue and being approximately 150 feet in depth.
Being the same premises described in Deed Book 4270, Page 491, Hamilton County, Ohio Records.
The aforegoing is recited from a description as included in an ENTRY OF SETTLEMENT, as ordered by the Court of Common Pleas, Case No. A-8809334 and submitted by the Ohio Department of Mental Retardation and Developmental Disabilities to the Ohio Department of Administrative Services.
Street Address: 230 Woolper Avenue, Cincinnati, Ohio 45220
(B) Consideration for the conveyance of the real estate described in division (A) of this section is the purchase price of $10,920.00.
(C) The real estate described in division (A) of this section shall be sold as an entire tract and not in parcels.
(D) Prior to the execution of the deed described in division (E) of this section, possession of the real estate described in division (A) of this section shall be governed by an existing interim lease between the state and the Grantee.
(E) Upon payment of the purchase price, the Auditor of State, with the assistance of the Attorney General, shall prepare a deed to the real estate described in division (A) of this section. The deed shall state the consideration. The deed shall be executed by the Governor in the name of the state, countersigned by the Secretary of State, sealed with the Great Seal of the State, presented in the Office of the Auditor of State for recording, and delivered to the Grantee. The Grantee shall present the deed for recording in the Office of the Hamilton County Recorder.
(F) The deed described in division (E) of this section shall contain a deed restriction that the Grantee shall continue to operate an existing residential facility located on the real estate described in division (A) of this section for individuals with mental retardation and developmental disabilities for a period of time of not less than five years from the date of closing.
(G) The deed described in division (E) of this section shall contain a deed restriction that prohibits the Grantee from selling, conveying, or transferring ownership of the real estate described in division (A) of this section for a period of time of not less than five years from the date of closing.
(H) The deed described in division (E) of this section shall contain a provision requiring that, in the event of the Grantee's default on, or breach of, either division (F) or division (G) of this section, the Grantee immediately shall pay to the Department of Mental Retardation and Developmental Disabilities (the "Agency") the sum equal to Agency's investment in the premises, $98,282.00.
(I) The Grantee shall pay the costs of the conveyance of the real estate described in division (A) of this section.
(J) 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 Residential Facilities Support Fund 152 within the Department of Mental Retardation and Developmental Disabilities.
(K) This section shall expire 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 Cincinnati's Optimum Residential Environments, Incorporated, Ohio the ("Grantee"), and its successors 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 one of ten (10) parcels conveyed to the State of Ohio, Ohio Department of Mental Retardation and Developmental Disabilities by a Court Ordered ENTRY OF SETTLEMENT, being Case No. A-8809334, State of Ohio, Ohio Department of Mental Retardation and Developmental Disabilities vs. N. J. Care Corporation (AKA N & J Care, Inc.) dated November 21, 1988, conveying a fee simple interest in said ten (10) parcels, said parcels also being described in Registered Land Certificates of Title No. 121568, 121569, 121570, 121571 and 121572 dated October 19, 1983 in Registration Book 330, Pages 121568 through 121572, Recorder's Office, Hamilton County, Ohio said parcel being more particularly described as follows:
Situate in the City of Cincinnati, Hamilton County, Ohio and being more particularly described as follows:
Beginning at a point in the south line of Madison Road at the northwest corner of Lot No. 1 of Mary Ludlow's Subdivision as made in Case No. 115474, Court of Common Pleas, Hamilton County, Ohio and recorded in Common Pleas Book 223, Page 529 of said county records;
thence south with the west line of said Lot No. 1, a distance of 150 feet;
thence west parallel with the south line of Madison Road a distance of 40 feet;
thence North parallel with the west line of said Lot No. 1 a distance of 150 feet to the south line of Madison Road;
thence east with the south line of Madison Road a distance of 40 feet to the place of beginning.
Also, the following described Real Estate, to wit:
Situate in the City of Cincinnati, Hamilton County, Ohio and being a part of the 4th and 5th division of Outlet No. 4 of the original Town of Madison as shown on the plat recorded in Deed Book 29, Page 589 of the said county records, and being more particularly described as follows:
Beginning at a point in the south line of Maidson Road (formerly Walnut Hills Madison and Plainville Turnpike or Main Street) a distance of 345.3 feet, more or less, east of the southeast corner of Madison Road and Mathis Street, and at the northeast corner of the lot conveyed to Frank Leighner by deed recorded in Deed Book 1040, Page 310 of the Hamilton County, Ohio Records;
thence southwardly with Leighner's east line a distance of 157 feet to Leighner's southeast corner;
thence eastwardly with said Leighner's south line extending a distance of 87.2 feet to a point in the west line of James A. Porter Estate Lot;
thence northwardly with said porter's west line and the west line of Rose C. Tebbe's lot a distance of 157 feet, more or less to the south line of Madison Road;
thence westwardly with said south line a distance of 87.2 feet, more or less, to the place of beginning.
Being the same premises described in Deed Book 4273, Page 189, Hamilton County, Ohio Records.
The aforegoing is recited from a description as included in an ENTRY OF SETTLEMENT, as ordered by the Court of Common Pleas, Case No. A-8809334 and submitted by the Ohio Department of Mental Retardation and Developmental Disabilities to the Ohio Department of Administrative Services.
Street Address: 6129 Madison Road, Cincinnati, Ohio 45227
(B) Consideration for the conveyance of the real estate described in division (A) of this section is the purchase price of $9,880.00.
(C) The real estate described in division (A) of this section shall be sold as an entire tract and not in parcels.
(D) Prior to the execution of the deed described in division (E) of this section, possession of the real estate described in division (A) of this section shall be governed by an existing interim lease between the state and the Grantee.
(E) Upon payment of the purchase price, the Auditor of State, with the assistance of the Attorney General, shall prepare a deed to the real estate described in division (A) of this section. The deed shall state the consideration. The deed shall be executed by the Governor in the name of the state, countersigned by the Secretary of State, sealed with the Great Seal of the State, presented in the Office of the Auditor of State for recording, and delivered to the Grantee. The Grantee shall present the deed for recording in the Office of the Hamilton County Recorder.
(F) The deed described in division (E) of this section shall contain a deed restriction that the Grantee shall continue to operate an existing residential facility located on the real estate described in division (A) of this section for individuals with mental retardation and developmental disabilities for a period of time of not less than five years from the date of closing.
(G) The deed described in division (E) of this section shall contain a deed restriction that prohibits the Grantee from selling, conveying, or transferring ownership of the real estate described in division (A) of this section for a period of time of not less than five years from the date of closing.
(H) The deed shall contain a provision requiring that, in the event of the Grantee's default on, or breach of, either division (F) or division (G) of this section, the Grantee immediately shall pay to the Department of Mental Retardation and Developmental Disabilities (the "Agency") the sum equal to Agency's investment in the premises, $88,922.00.
(I) The Grantee shall pay the costs of the conveyance of the real estate described in division (A) of this section.
(J) 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 Residential Facilities Support Fund 152 within the Department of Mental Retardation and Developmental Disabilities.
(K) This section shall expire 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 Cincinnati's Optimum Residential Environments, Incorporated, Ohio (the "Grantee"), 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, Hamilton County and City of Cincinnati being one of ten (10) parcels conveyed to the State of Ohio, Ohio Department of Mental Retardation and Developmental Disabilities by a Court Ordered ENTRY OF SETTLEMENT, being Case No. A-8809334, State of Ohio, Ohio Department of Mental Retardation and Developmental Disabilities vs. N. J. Care Corporation (AKA N & J Care, Inc.) dated November 21, 1988, conveying a fee simple interest in said ten (10) parcels, said parcels also being described in Registered Land Certificates of Title Nos. 121568, 121569, 121570, 121571 and 121572 dated October 19, 1983 in Registration Book 330, Pages 121568 through 121572, Recorder's Office, Hamilton County, Ohio said parcel being more particularly described as follows:
Situate in the City of Cincinnati, Hamilton County, Ohio, and being more particularly described as follows:
Being the North 25 feet of Lot No. 106 and the South 25 feet of Lot No. 105 of Roselawn Park First Subdivision Extension as recorded in Plat Book 1, Page 15 of the Registered Land Records, Hamilton County, Ohio.
Also the North 2 feet of the South 25 feet of Lot No. 106 of Roselawn Park First Extension Subdivision as recorded in Plat Book 1, Page 15, of the Registered Land Records, Hamilton County. Said strip fronting 2 feet on the East side of Greenland Place and running back between parallel lines and being 2 feet in width on the rear line of Lot. No. 106.
Being the same premises described on Certificate of Title No. 121568 of the Registered Land Records, Hamilton County, Ohio.
The aforegoing is recited from a description as included in an ENTRY OF SETTLEMENT, as ordered by the Court of Common Pleas, Case No. A-8809334 and submitted by the Ohio Department of Mental Retardation and Developmental Disabilities to the Ohio Department of Administrative Services.
Street Address: 7632 Greenland Place, Cincinnati, Ohio 45237
(B) Consideration for the conveyance of the real estate described in division (A) of this section is the purchase price of $10,240.00.
(C) The real estate described in division (A) of this section shall be sold as an entire tract and not in parcels.
(D) Prior to the execution of the deed described in division (E) of this section, possession of the real estate described in division (A) of this section shall be governed by an existing interim lease between the state and the Grantee.
(E) Upon payment of the purchase price, the Auditor of State, with the assistance of the Attorney General, shall prepare a deed to the real estate described in division (A) of this section. The deed shall state the consideration. The deed shall be executed by the Governor in the name of the state, countersigned by the Secretary of State, sealed with the Great Seal of the State, presented in the Office of the Auditor of State for recording, and delivered to the Grantee. The Grantee shall present the deed for recording in the Office of the Hamilton County Recorder.
(F) The deed described in division (E) of this section shall contain a deed restriction that the Grantee shall continue to operate an existing residential facility located on the real estate described in division (A) of this section for individuals with mental retardation and developmental disabilities for a period of time of not less than five years from the date of closing.
(G) The deed described in division (E) of this section shall contain a deed restriction that prohibits the Grantee from selling, conveying, or transferring ownership of the real estate described in division (A) of this section for a period of time of not less than five years from the date of closing.
(H) The deed shall contain a provision described in division (E) of this section that, in the event of the Grantee's default on, or breach of, either division (F) or division (G) of this section, the Grantee immediately shall pay to the Department of Mental Retardation and Developmental Disabilities (the "Agency") the sum equal to Agency's investment in the premises, $92,162.00.
(I) The Grantee shall pay the costs of the conveyance of the real estate described in division (A) of this section.
(J) 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 Residential Facilities Support Fund 152 within the Department of Mental Retardation and Developmental Disabilities.
(K) This section shall expire 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 Cincinnati's Optimum Residential Environments, Incorporated, Ohio the ("Grantee"), and its successors 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 one of ten (10) parcels conveyed to the State of Ohio, Ohio Department of Mental Retardation and Developmental Disabilities by a Court Ordered ENTRY OF SETTLEMENT, being Case No. A-8809334, State of Ohio, Ohio Department of Mental Retardation and Developmental Disabilities vs. N. J. Care Corporation (AKA N & J Care, Inc.) dated November 21, 1988, conveying a fee simple interest in said ten (10) parcels, said parcels also being described in Registered Land Certificates of Title Nos. 121568, 121569, 121570, 121571 and 121572 dated October 19, 1983 in Registration Book 330, Pages 121568 through 121572, Recorder's Office, Hamilton County, Ohio said parcel being more particularly described as follows:
Situate in Section 23, Town 4, Fractional Range 2, Miami Purchase and being more particularly described as follows:
Lot No. 17 of Skyline Gardens Subdivision as recorded in Plat Book 1, Pages 74 and 75 of the Registered Land Records of Hamilton County, Ohio.
Being the same premises described on Certificate of Title No. 121571 of the Registered Land Records, Hamilton County, Ohio.
The aforegoing is recited from a description as included in an ENTRY OF SETTLEMENT, as ordered by the Court of Common Pleas, Case No. A-8809334 and submitted by the Ohio Department of Mental Retardation and Developmental Disabilities to the Ohio Department of Administrative Services.
Street Address: 3848 Congreve Avenue, Cincinnati, Ohio 45213
(B) Consideration for the conveyance of the real estate described in division (A) of this section is the purchase price of $10,116.00.
(C) The real estate described in division (A) of this section shall be sold as an entire tract and not in parcels.
(D) Prior to the execution of the deed described in division (E) of this section, possession of the real estate described in division (A) of this section shall be governed by an existing interim lease between the state and the Grantee.
(E) Upon payment of the purchase price, the Auditor of State, with the assistance of the Attorney General, shall prepare a deed to the real estate described in division (A) of this section. The deed shall state the consideration. The deed shall be executed by the Governor in the name of the state, countersigned by the Secretary of State, sealed with the Great Seal of the State, presented in the Office of the Auditor of State for recording, and delivered to the Grantee. The Grantee shall present the deed for recording in the Office of the Hamilton County Recorder.
(F) The deed described in division (E) of this section shall contain a deed restriction that the Grantee shall continue to operate an existing residential facility located on the real estate described in division (A) of this section for individuals with mental retardation and developmental disabilities for a period of time of not less than five years from the date of closing.
(G) The deed described in division (E) of this section shall contain a deed restriction that prohibits the Grantee from selling, conveying, or transferring ownership of the real estate described in division (A) of this section for a period of time of not less than five years from the date of closing.
(H) The deed shall contain a provision requiring that, in the event of the Grantee's default on, or breach of, either division (F) or division (G) of this section, the Grantee immediately shall pay to the Department of Mental Retardation and Developmental Disabilities (the "Agency") the sum equal to Agency's investment in the premises, $91,046.00.
(I) The Grantee shall pay the costs of the conveyance of the real estate described in division (A) of this section.
(J) 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 Residential Facilities Support Fund 152 within the Department of Mental Retardation and Developmental Disabilities.
(K) This section shall expire 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 Cincinnati's Optimum Residential Environments, Incorporated, Ohio (the "Grantee"), and its successors 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 one of ten (10) parcels conveyed to the State of Ohio, Ohio Deartment of Mental Retardation and Developmental Disabilities by a Court Ordered ENTRY OF SETTLEMENT, being Case No. A-8809334, State of Ohio, Ohio Department of Mental Retardation and Developmental Disabilities vs. N. J. Care Corporation (AKA N & J Care, Inc.) dated November 21, 1988, conveying a fee simple interest in said ten (10) parcels, said parcels also being described in Registered Land Certificates of Title Nos. 121568, 121569, 121570, 121571 and 121572 dated October 19, 1983 in Registration Book 330, Pages 121568 through 121572, Recorder's Office, Hamilton County, Ohio said parcel being more particularly described as follows:
Situate in Section 25, Town 3, Entire Range 1, Springfield Township, Hamilton County, Ohio and being all of Lot No. 39 of Block "B", Teakwood Acres Subdivision as per plat thereof recorded in Plat Book 103, Page 48, Hamilton County, Ohio Records.
Being the same premises described in Deed Book 4270, Page 479, Hamilton County, Ohio Records.
The aforegoing is recited from a description as included in an ENTRY OF SETTLEMENT, as ordered by the Court of Common Pleas, Case No. A-8809334 and submitted by the Ohio Department of Mental Retardation and Developmental Disabilities to the Ohio Department of Administrative Services.
Street Address: 6497 Teakwood Court, Cincinnati, Ohio 45224
(B) Consideration for the conveyance of the real estate described in division (A) of this section is the purchase price of $9,600.00.
(C) The real estate described in division (A) of this section shall be sold as an entire tract and not in parcels.
(D) Prior to the execution of the deed described in division (E) of this section, possession of the real estate described in division (A) of this section shall be governed by an existing interim lease between the state and the Grantee.
(E) Upon payment of the purchase price, the Auditor of State, with the assistance of the Attorney General, shall prepare a deed to the real estate described in division (A) of this section. The deed shall state the consideration. The deed shall be executed by the Governor in the name of the state, countersigned by the Secretary of State, sealed with the Great Seal of the State, presented in the Office of the Auditor of State for recording, and delivered to the Grantee. The Grantee shall present the deed for recording in the Office of the Hamilton County Recorder.
(F) The deed described in division (E) of this section shall contain a deed restriction that the Grantee shall continue to operate an existing residential facility located on the real estate described in division (A) of this section for individuals with mental retardation and developmental disabilities for a period of time of not less than five years from the date of closing.
(G) The deed described in division (E) of this section shall contain a deed restriction that prohibits the Grantee from selling, conveying, or transferring ownership of the real estate described in division (A) of this section for a period of time of not less than five years from the date of closing.
(H) The deed described in division (E) of this section shall contain a provision requiring that, in the event of the Grantee's default on, or breach of, either division (F) or division (G) of this section, the Grantee immediately shall pay to the Department of Mental Retardation and Developmental Disabilities (the "Agency") the sum equal to Agency's investment in the premises, $86,400.00.
(I) The Grantee shall pay the costs of the conveyance of the real estate described in division (A) of this section.
(J) 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 Residential Facilities Support Fund 152 within the Department of Mental Retardation and Developmental Disabilities.
(K) This section shall expire 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 Cincinnati's Optimum Residential Environments, Incorporated, Ohio (the "Grantee"), and its successors 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 one of ten (10) parcels conveyed to the State of Ohio, Ohio Department of Mental Retardation and Developmental Disabilities by a Court Ordered ENTRY OF SETTLEMENT, being Case No. A-8809334, State of Ohio, Ohio Department of Mental Retardation and Developmental Disabilities vs. N. J. Care Corporation (AKA N & J Care, Inc.) dated November 21, 1988, conveying a fee simple interest in said ten (10) parcels, said parcels also being described in Registered Land Certificates of Title Nos. 121568, 121569, 121570, 121571 and 121572 dated October 19, 1983 in Registration Book 330, Pages 121568 through 121572, Recorder's Office, Hamilton County, Ohio said parcel being more particularly described as follows:
Situate in the City of Cincinnati, Hamilton County, Ohio and being more particularly described as follows:
Beginning at a point in the North Line of Madison Road 150.00 feet East of the Northeast corner of Madison Road and Anderson Place;
thence in the North Line of Madison Road, South 85º35' East 85.00 feet;
thence North 3º50' East 190.00 feet;
thence North 85º35' West 85.00 feet;
thence South 3º50' West 190.00 feet to the place of beginning.
Being the same premises described on Certificate of Title No. 121570 of the Registered Lands Records, Hamilton County, Ohio.
The aforegoing is recited from a description as included in an ENTRY OF SETTEMENT, as ordered by the Court of Common Pleas, Case No. A-8809334 and submitted by the Ohio Department of Mental Retardation and Developmental Disabilities to the Ohio Department of Administrative Services.
Street Address: 5524 Madison Road, Cincinnati, Ohio 45227
(B) Consideration for the conveyance of the real estate described in division (A) of this section is the purchase price of $11,120.00.
(C) The real estate described in division (A) of this section shall be sold as an entire tract and not in parcels.
(D) Prior to the execution of the deed described in division (E) of this section, possession of the real estate described in division (A) of this section shall be governed by an existing interim lease between the state and the Grantee.
(E) Upon payment of the purchase price, the Auditor of State, with the assistance of the Attorney General, shall prepare a deed to the real estate described in division (A) of this section. The deed shall state the consideration. The deed shall be executed by the Governor in the name of the state, countersigned by the Secretary of State, sealed with the Great Seal of the State, presented in the Office of the Auditor of State for recording, and delivered to the Grantee. The Grantee shall present the deed for recording in the Office of the Hamilton County Recorder.
(F) The deed described in division (E) of this section shall contain a deed restriction that the Grantee shall continue to operate an existing residential facility located on the real estate described in division (A) of this section for individuals with mental retardation and developmental disabilities for a period of time of not less than five years from the date of closing.
(G) The deed described in division (E) of this section shall contain a deed restriction that prohibits the Grantee from selling, conveying, or transferring ownership of the real estate described in division (A) of this section for a period of time of not less than five years from the date of closing.
(H) The deed described in division (E) of this section shall contain a provision requiring that, in the event of the Grantee's default on, or breach of, either division (F) or division (G) of this section, the Grantee immediately shall pay to the Department of Mental Retardation and Developmental Disabilities (the "Agency") the sum equal to Agency's investment in the premises, $100,082.00.
(I) The Grantee shall pay the costs of the conveyance of the real estate described in division (A) of this section.
(J) 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 Residential Facilities Support Fund 152 within the Department of Mental Retardation and Developmental Disabilities.
(K) This section shall expire 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 Cincinnati's Optimum Residential Environments, Incorporated, Ohio (the "Grantee"), and its successors 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 one of ten (10) parcels conveyed to the State of Ohio, Ohio Department of Mental Retardation and Developmental Disabilities by a Court Ordered ENTRY OF SETTLEENT, being Case No. A-8809334, State of Ohio, Ohio Department of Mental Retardation and Developmental Disabilities vs. N. J. Care Corporation (AKA N & J Care, Inc.) dated November 21, 1988, conveying a fee simple interest in said ten (10) parcels, said parcels also being described in Registered Land Certificates of Title Nos. 121568, 121569, 121570, 121571 and 121572 dated October 19, 1983 in Registration Book 330, Pages 121568 through 121572, Recorder's Office, Hamilton County, Ohio said parcel being more particularly described as follows:
Situated in Section 25, Town 3, Entire Range 1, Miami Purchase, City of Cincinnati, Hamilton County, Ohio and being more particularly described as follows:
Beginning at a point in the east line of an 18.63 acre tract conveyed to Mary J. Urmston by Henry T. Stoffregen by deed dated May 6, 1902 and recorded in Deed Book 873, Page 347, Hamilton County, Ohio Records, said point being North 0º30' East, 690 feet from a point in the centerline of North Bend Road, which point in said centerline is 1678.38 feet west of the intersection of said centerline with the east line of said Section 25;
thence from said point of beginning, North 0º30' East along east line of said 18.63 acre tract, a distance of 75 feet;
thence North 88º51' West parallel with the centerline of North Bend Road, 120 feet to a point in the east line of a proposed 50 foot street (Edwood Avenue);
thence South 00 30' West along the east line of said proposed Edwood Avenue, a distance of 75 feet;
thence South 88º51' East a distance of 120 feet to the place of beginning, being part of said 18.63 acre tract.
Being the same premises described in Deed Book 4270, Page 629 of the Hamilton County, Ohio Records.
The aforegoing is recited from a description as included in an ENTRY OF SETTLEMENT, as ordered by the Court of Common Pleas, Case No. A-8809334 and submitted by the Ohio Department of Mental Retardation and Developmental Disabilities to the Ohio Department of Administrative Services.
Street Address: 6320 Edwood Avenue, Cincinnati, Ohio 45224
(B) Consideration for the conveyance of the real estate described in division (A) of this section is the purchase price of $10,480.00.
(C) The real estate described in division (A) of this section shall be sold as an entire tract and not in parcels.
(D) Prior to the execution of the deed described in division (E) of this section, possession of the real estate described in division (A) of this section shall be governed by an existing interim lease between the state and the Grantee.
(E) Upon payment of the purchase price, the Auditor of State, with the assistance of the Attorney General, shall prepare a deed to the real estate described in division (A) of this section. The deed shall state the consideration. The deed shall be executed by the Governor in the name of the state, countersigned by the Secretary of State, sealed with the Great Seal of the State, presented in the Office of the Auditor of State for recording, and delivered to the Grantee. The Grantee shall present the deed for recording in the Office of the Hamilton County Recorder.
(F) The deed described in division (E) of this section shall contain a deed restriction that the Grantee shall continue to operate an existing residential facility located on the real estate described in division (A) of this section for individuals with mental retardation and developmental disabilities for a period of time of not less than five years from the date of closing.
(G) The deed described in division (E) of this section shall contain a deed restriction that prohibits the Grantee from selling, conveying, or transferring ownership of the real estate described in division (A) of this section for a period of time of not less than five years from the date of closing.
(H) The deed described in division (E) of this section shall contain a provision requiring that, in the event of the Grantee's default on, or breach of, either division (F) or division (G) of this section, the Grantee immediately shall pay to the Department of Mental Retardation and Developmental Disabilities (the "Agency") the sum equal to Agency's investment in the premises, $94,322.00.
(I) The Grantee shall pay the costs of the conveyance of the real estate described in division (A) of this section.
(J) 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 Residential Facilities Support Fund 152 within the Department of Mental Retardation and Developmental Disabilities.
(K) 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 Cincinnati's Optimum Residential Environments, Incorporated, Ohio (the "Grantee"), and its successors 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 one of ten (10) parcels conveyed to the State of Ohio, Ohio Department of Mental Retardation and Developmental Disabilities by a Court Ordered ENTRY OF SETTLEMENT, being Case No. A-8809334, State of Ohio, Ohio Department of Mental Retardation and Developmental Disabilities vs. N. J. Care Corporation (AKA N & J Care, Inc.) dated November 21, 1988, conveying a fee simple interest in said ten (10) parcels, said parcels also being described in Registered Land Certificates of Title Nos. 121568, 121569, 121570, 121571 and 121572 dated October 19, 1983 in Registration Book 330, Pages 121568 through 121572, Recorder's Office, Hamilton County, Ohio said parcel being more particularly described as follows:
Situate in Section 19, Town 3, Entire Range 1, Miami Purchase, Springfield Township, City of Cincinnati, Hamilton County, Ohio and being the South 67 feet of Lot No. 46 of Plantation Acres Subdivision, Block "C", a plat of which is recorded in Plat Book 103, Pages 7 and 8 of the Hamilton County, Ohio Records.
Being the same premises described in Deed Book 4270, Page 493, Hamilton County, Ohio Records.
The aforegoing is recited from a description as included in an ENTRY OF SETTLEMENT, as ordered by the Court of Common Pleas, Case No. A-8809334 and submitted by the Ohio Department of Mental Retardation and Developmental Disabilities to the Ohio Department of Administrative Services.
Street Address: 6645 Plantation Way, Cincinnati, Ohio 45224
(B) Consideration for the conveyance of the real estate described in division (A) of this section is the purchase price of $10,900.00.
(C) The real estate described in division (A) of this section shall be sold as an entire tract and not in parcels.
(D) Prior to the execution of the deed described in division (E) of this section, possession of the real estate described in division (A) of this section shall be governed by an existing interim lease between the state and the Grantee.
(E) Upon payment of the purchase price, the Auditor of State, with the assistance of the Attorney General, shall prepare a deed to the real estate described in division (A) of this section. The deed shall state the consideration. The deed shall be executed by the Governor in the name of the state, countersigned by the Secretary of State, sealed with the Great Seal of the State, presented in the Office of the Auditor of State for recording, and delivered to the Grantee. The Grantee shall present the deed for recording in the Office of the Hamilton County Recorder.
(F) The deed described in division (E) of this section shall contain a deed restriction that the Grantee shall continue to operate an existing residential facility located on the real estate described in division (A) of this section for individuals with mental retardation and developmental disabilities for a period of time of not less than five years from the date of closing.
(G) The deed described in division (E) of this section shall contain a deed restriction that prohibits the Grantee from selling, conveying, or transferring ownership of the real estate described in division (A) of this section for a period of time of not less than five years from the date of closing.
(H) The deed described in division (E) of this section shall contain a provision requiring that, in the event of the Grantee's default on, or breach of, either division (F) or division (G) of this section, the Grantee immediately shall pay to the Department of Mental Retardation and Developmental Disabilities (the "Agency") the sum equal to Agency's investment in the premises, $98,100.00.
(I) The Grantee shall pay the costs of the conveyance of the real estate described in division (A) of this section.
(J) 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 Residential Facilities Support Fund 152 within the Department of Mental Retardation and Developmental Disabilities.
(K) 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 Cincinnati's Optimum Residential Environments, Incorporated, Ohio (the "Grantee"), and its successors 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 one of ten (10) parcels conveyed to the State of Ohio, Ohio Department of Mental Retardation and Developmental Disabilities by a Court Ordered ENTRY OF SETTLEMENT, being Case No. A-8809334, State of Ohio, Ohio Department of Mental Retardation and Developmental Disabilities vs. N. J. Care Corporation (AKA N & J Care, Inc.) dated November 21, 1988, conveying a fee simple interest in said ten (10) parcels, said parcels also being described in Registered Lands Certificates of Title Nos. 121568, 121569, 121570, 121571 and 121572 dated October 19, 1983 in Registration Book 330, Page 121568 through 121572, Recorder's Office, Hamilton County, Ohio said parcel being more particularly described as follows:
Situate in Section 6, Town 3, Fractional Range 2, Miami Purchase, Millcreek Township, City of Cincinnati, Hamilton County, Ohio and being more particularly described as follows:
Lot No. 60 of Roselawn, Inc. Subdivision as recorded in Plat Book 1, Page 11 of the Registered Land Records of Hamilton County, Ohio.
Being the same premises described on Certificate of Title No. 121569 of the Registered Lands Records, Hamilton County, Ohio.
The aforegoing is recited from a description as included in an ENTRY OF SETTLEMENT, as ordered by the Court of Common Pleas, Case No. A-8809334 and submitted by the Ohio Department of Mental Retardation and Developmental Disabilities to the Ohio Department of Administrative Services.
Street Address: 7338 Scottwood Avenue, Cincinnati, Ohio 45237
(B) Consideration for the conveyance of the real estate described in division (A) of this section is the purchase price of $9,720.00.
(C) The real estate described in division (A) of this section shall be sold as an entire tract and not in parcels.
(D) Prior to the execution of the deed described in division (E) of this section, possession of the real estate described in division (A) of this section shall be governed by an existing interim lease between the state and the Grantee.
(E) Upon payment of the purchase price, the Auditor of State, with the assistance of the Attorney General, shall prepare a deed to the real estate described in division (A) of this section. The deed shall state the consideration. The deed shall be executed by the Governor in the name of the state, countersigned by the Secretary of State, sealed with the Great Seal of the State, presented in the Office of the Auditor of State for recording, and delivered to the Grantee. The Grantee shall present the deed for recording in the Office of the Hamilton County Recorder.
(F) The deed described in division (E) of this section shall contain a deed restriction that the Grantee shall continue to operate an existing residential facility located on the real estate described in division (A) of this section for individuals with mental retardation and developmental disabilities for a period of time of not less than five years from the date of closing.
(G) The deed described in division (E) of this section shall contain a deed restriction that prohibits the Grantee from selling, conveying, or transferring ownership of the real estate described in division (A) of this section for a period of time of not less than five years from the date of closing.
(H) The deed described in division (E) of this section shall contain a provision requiring that, in the event of the Grantee's default on, or breach of, either division (F) or division (G) of this section, the Grantee immediately shall pay to the Department of Mental Retardation and Developmental Disabilities (the "Agency") the sum equal to Agency's investment in the premises, $87,482.00.
(I) The Grantee shall pay the costs of the conveyance of the real estate described in division (A) of this section.
(J) 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 Residential Facilities Support Fund 152 within the Department of Mental Retardation and Developmental Disabilities.
(K) 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 Northwest Local School District, Scioto County, Ohio, and its successors and assigns, all of the state's right, title, and interest in the following described real estate:
Situated in Rush Township, Scioto County, Ohio, being a part of V.M.S. 3284 and being more particularly described as follows:
PARCEL 1: Beginning at a p.k. nail at the centerline intersection of Henley-Deemer Road and Mohawk Drive, said point being N. 53 deg. 54'46"W, 314.00 feet of the intersection of Mohawk Drive and Duck Run Road,
thence with the centerline of Henley-Deemer Road by two (2) courses as follows:
S. 47 deg. 55'51" W, 762.38 feet to a point in the centerline of said road,
thence S. 50 deg. 47'09" W, 558.27 feet to a point in said centerline of road,
thence leaving said centerline, S. 38 deg. 27'10" E, 20.000 feet to a point on the right-of-way line of Henley-Deemer Road,
thence with said right-of-way line by two (2) courses as follows:
S. 36 deg. 36'55 W, 155.24 feet to a point,
thence S 46 deg. 47'00" W, 4.68 feet to a point on the Northeast line of John LeBrun as recorded in Vol. 484, Page 96,
thence leaving said right-of-way line and with said line of John LeBrun, S. 43 deg. 54'44" E, 495.18 feet to a point on the limited access right-of-way line of relocated State Route 348,
thence with said right-of-way line by four courses as follows:
S. 88 deg. 09'21" E, 504.61 feet to a point,
thence N. 63 deg. 47'16" E, 187.37 feet to a point,
thence S. 80 deg 23'05" E, 297.86 feet to a point,
thence N. 82 deg. 09'25" E 406.31 feet to a point at the southwest corner of Frank Thompson's 0.86 acre tract as recorded in Vol. 792, Page 527,
thence with the Southwest corner, N. 22 deg. 44'11" W, 194.68 feet to a point,
thence N. 36 deg. 57'22" E, 185.57 feet to a point on the right-of-way line of Duck Run Road,
thence with said right-of-way line N. 22 deg. 45'49" W, 142.89 feet to a point,
thence leaving said right-of-way line, N. 57 deg. 37'18" E, 20.00 feet to a point in the centerline of Duck Run Road,
thence with said centerline by three (3) courses as follows:
N. 32 deg. 56'37" W, 291.34 feet to a point,
thence N. 34 deg. 37'07" W, 210.06 feet to a point,
thence N. 33 deg. 03'31" W, 239.54 feet to a point in the centerline intersection of Duck Run Road and Mohawk Drive,
thence with the centerline of Mohawk Drive, N. 53 deg. 54'46" W, 314.00 feet to the point of beginning and containing 35.1412 acres.
PARCEL 2: The following parcel situate in Rush Township, Scioto County, Ohio being a part of V.M.S. 3284 and being the remaining part of Lot #14 and all of Lot #15 and being more particularly described as follows:
Beginning at a p.k. nail at the centerline intersection of Henley-Deemer Road and Mohawk Drive, said point being N. 53 deg. 54'46" W, 314.00 feet of the intersection of Mohawk Drive and Duck Run Road,
thence with the centerline of Mohawk Drive N. 54 deg. 01'20" W, 1078.39 feet to a point in said centerline and on the Easterly line of a 3.80 acre tract belonging to the Board of Education of Northwest School District as recorded in Vol. 777, Page 663,
thence leaving said centerline and with the Easterly line of said 3.80 acre tract, S. 32 deg. 28'48" W, 711.66 feet to a corner post on the Northerly line of James M. Buckler, Jr. and Freda La Monde Buckler as recorded in Vol. 565, page 608,
thence with said line, S. 51 deg. 42'10" E, passing through a concrete monument with an iron pin at 854.58 feet, a total distance of 877.80 feet to a point in the centerline of Henley-Deemer Road,
thence with said centerline N. 47 deg. 55'51" E, 762.38 feet to the point of beginning and containing 16.3659 acres.
(B) Consideration for the conveyance of the real estate described in division (A) of this section is the purchase price of $10.00. This property was originally conveyed from the Northwest Local School District to the state of Ohio as collateral for school construction facility bonds issued. Once the construction project was completed, the state was to have returned title to this property to the Northwest Local School District. The purpose of this section of this act is to correct this oversight.
(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 deed described in division (F) of this section.
(E) Prior to the execution of the deed described in division (F) of this section, possession of the real estate described in division (A) of this section shall be governed by an existing interim lease between the state and the grantee.
(F) Upon payment of the purchase price, the Auditor of State, with the assistance of the Attorney General, shall prepare a deed to the real estate described in division (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 Northwest Local School District. The grantee shall present the deed for recording in the Office of the Scioto 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 shall expire 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 Edison Local School District, Jefferson County, Ohio, and its successors and assigns, all of the state's right, title, and interest in the following described real estate:
Being situated in Section 8, Township 12, Range 4, Jefferson County, Ohio and being a part of the property as conveyed by Andy Nosal to Helen Nosal and as described in Dead Book 341, page 570 of the records of said county and being more particularly described as follows:
Beginning at a point in the north line of said section, said point bearing North 89°-51' East 542.4 feet from the northwest corner of said section, said point as described being the northwesterly corner of the Andy Nosal property of 118 across more or less,
thence with the section line North 89°-51' East 1162.8 feet to the northwesterly corner of a certain one acre parcel as conveyed to Mike Budinsky,
thence with the westerly line of said property South 0°-09' East 124 feet,
thence with the southerly line of the Budinsky property North 89°-51' East 341.3 feet to a point In the westerly line of the property of John Mrkva,
thence with said line South 42°-49' East 267 feet, thence still with the Mrkva property North 4°-10' West 321.07 feet to a point in the section line,
thence North 89°-51' East 3.3 feet to a point in the westerly right of way line of the Wolf Run Tract & Dillonvale Extension,
thence with said line and running to the left from a tangent bearing South 4°-01' East along the arc of a curve of 980 foot radius a distance of 602.26 feet,
thence leaving said property line and running South 80°-50' West 959.86 feet,
thence South 75°-35' West 773.46 feet to a point in the easterly right of way line of the L.E.A. & W. Railroad,
thence along said right of way line and running along the arc of a curve of 1960.08 foot radius, bearing to the left from a tangent running North 8°-46'-15" West a distance of 219.94 feet,
thence North 15°-12' West 464.3 feet,
thence running along a curve to the right of 652.18 foot radius a distance of 231.2 feet to the beginning.
Containing 25.92 acres more or less but subject to legal highways.
(B) Consideration for the conveyance of the real estate described in division (A) of this section is the purchase price of $10.00. This property was originally conveyed from the Edison Local School District to the state of Ohio as collateral for school construction facility bonds issued. Once the construction project was completed, the state was to have returned title to this property to the Edison Local School District. The purpose of this section of this act is to correct this oversight.
(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 deed described in division (F) of this section.
(E) Prior to the execution of the deed described in division (F) of this section, possession of the real estate described in division (A) of this section shall be governed by an existing interim lease between the state and the grantee.
(F) Upon payment of the purchase price, the Auditor of State, with the assistance of the Attorney General, shall prepare a deed to the real estate described in division (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 Edison Local School District. The grantee shall present the deed for recording in the Office of the Jefferson 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 shall expire one year after its effective date.
Section 19. (A) The Governor is hereby authorized to execute a deed in the name of the state conveying to the City of Youngstown (the "Grantee"), Mahoning County, Ohio, and its successors and assigns, all of the state's right, title, and interest in the following described real estate:
Situated in the City of Youngstown, County of Mahoning, and State of Ohio and being an 18.033 acre tract of land, more or less out of City Lot No. 61603 of the lands conveyed to State Of Ohio Department Of Rehabilitation & Correction as recorded in OR. Volume 2475 at Page 11 of the Official Records of Mahoning County, said 18.033 acre tract laying within Youngstown City Lot No. 61603 as found in volume 89 at page 122 of the Mahoning County Record of Plats, and being more fully described as follows:
Commencing at a centerline monument found at the intersection of the centerlines of McGuffy Road and Coitsville Center Road (S.R. 616);
thence along said Coitsville Center Road centerline S 02°03'20" E, a distance of 2,599.30' to a point at a southeasterly corner of said Lot No. 61603, also being the northeasterly corner of lands now or formerly of Wayne K. Bartz and Tammy J. Herrington as recorded in OR. Volume 4861 at Page 99 of the Official Records of Mahoning County;
thence continuing along said Lot No. 61603 and said Bartz and Herrington lands, S 87°56'40" W, passing over an iron pin found at a distance of 29.05 feet, for a total distance of 563.00' to an iron pin found;
thence continuing along said Lot No. 61603 and said Bartz and Herrington lands, S 02º03'20" E, a distance of 623.80' to an iron pin found on the northerly line of lands now or formerly of Ronald M. Cordova as recorded in OR. Volume 2352 at Page 150 of the Official Records of Mahoning County;
thence along said Lot No. 61603 and said Cordova lands and the lands now or formerly of Todd W. Perkins, as recorded in O.R. Volume 2216 at Page 206 of the Official Records of Mahoning County, S 87°52'40" W, a distance of 353.26' to an iron pin found, the TRUE PLACE OF BEGINNING of the parcel herein described;
thence along said Lot No. 61603 and the lands of several adjoiners, S 02°03'20" E, a distance of 1,376.08' to an iron pin found;
thence along said Lot. No. 61603 and the lands of the Ohio Water Service Company, S 88°08'53" W, a distance of 680.45' to an iron pin set;
thence through said Lot No. 61603 by the following 5 (five) courses and distances,
1) N 01°26'21" W, a distance of 774.57' to an iron pin set;
2) N 32°25'05" E, a distance of 330.00' to an iron pin set;
3) N 87°52'40" E, a distance of 169.48' to an iron pin set;
4) N 02°03'20" W, a distance of 314.30' to an iron pin set;
5) N 87°52'40" E, a distance of 320.62' to the TRUE PLACE OF BEGINNING and containing within said bounds 18.033 acres, more or less.
"North" for the above description is based on the Ohio State plane co-ordinate system, north zone, NAD 83, and is assumed to be correct.
All iron pins noted throughout this description as being set are 5/8"x30" rebar with plastic ID cap inscribed 'ms cons. inc.'.
The above description was prepared by Richard John Swan, Registered Professional Surveyor No. 6574 in July 2003, and is based on surveys made by ms consultants, inc. in November 1994 and July 2003.
(B) Consideration for the conveyance of the real estate described in division (A) of this section shall be the use of the real estate described in division (A) of this section and improvements constructed on that real estate as outlined in an existing Operating and Maintenance Agreement between the City of Youngstown and the Department of Rehabilitation and Correction. The conveyance shall be governed by an Offer to Purchase Real Estate document executed by the Board of Control on behalf of the City of Youngstown and the Director of Administrative Services, on behalf of the state of Ohio.
(C) The deed described in division (G) of this section shall contain reversionary language stipulating that title to any improvements and the real property described in division (A) of this section, at the sole discretion of the Director of Administrative Services, may revert to the state of Ohio if the Grantee ceases to permanently use the real estate for police purposes.
(D) The real estate described in division (A) of this section shall be sold as an entire tract and not in parcels.
(E) The legal description for the real estate described in division (A) of this section has been provided by the Grantee as part of a re-plat of state-owned lands encompassing the conveyance parcel.
(F) Prior to the execution of the deed described in division (G) of this section, possession of the real estate described in division (A) of this section shall remain with the State of Ohio.
(G) 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. The Grantee shall present the deed for recording in the Office of the Mahoning County Recorder.
(H) The Grantee shall pay the costs of the conveyance of the real estate described in division (A) of this section.
(I) This section shall expire one year after its effective date.
Section 20. (A) The Governor is hereby authorized to execute a deed in the name of the state conveying to the Village of Orient, Pickaway County, Ohio, and its successors and assigns, all of the state's right, title, and interest in the following described real estate:
Situate in the State of Ohio, County of Pickaway, Village of Orient, Virginia Military Survey No. 931, being a part of that original 422.35 acre tract conveyed to The State of Ohio by deed of record in Deed Volume 71, Page 187, all records herein of the Recorder's Office, Pickaway County, Ohio, and being more particularly described as follows:
BEGINNING at a point at the common corner of said original 422.35 acre tract and a 1.711 acre tract conveyed to Nelson A. Glick and Paula L. Glick by deed of record in Deed Volume 338, Page 94, and in the south line of a 12 feet-wide alley;
Thence North 10°13'26" East, a distance of 162.79 feet, along the west line of said original 422.35 acre tract, to a point at the common corner of said original 422.35 acre tract and a 0.478 acre tract (Tract Three), conveyed to Jason A. Glick and Jennifer L. McGath by deed of record in Deed Volume 341, Page 342 and in the easterly right-of-way line of Stahl Road;
Thence North 02°57'43" East, a distance of 44.00 feet, along the easterly right-of-way line of said Stahl Road, to a point;
thence the following eight (8) courses and distances over and across said original 422.35 acre tract:
1. South 20°07'37" East, a distance of 50.59 feet, to a point;
2. South 10°15'02" West, a distance of 130.26 feet, to a point;
3. South 79°44'58" East, a distance of 100.00 feet, to a point;
4. South 20°19'29" West, a distance of 97.49 feet, to a point;
5. South 69°40'31" East, a distance of 78.18 feet, to a point;
6. South 35°18'20" West, a distance of 151.46 feet, to a point;
7. South 84°07'29" East, a distance of 22.96 feet, to a point;
8. South 35°18'20" West, a distance of 45.93 feet, to a point in the northerly right-of-way line of State Route 762;
Thence North 84°07'29" West, a distance of 45.93 feet, along the northerly right-of-way of said State Route 762, to a point at the southeast corner of a 1.00 acre tract conveyed to Sam P. Micotto and Marjorie A. Micotto by deed of record in Deed Volume 347, Page 634;
Thence the following two (2) courses and distances along the lines common to said original 422.35 acre tract and said 1.00 acre tract:
1. North 35°18'20" East, a distance of 182.61 feet, to a point;
2. North 69°40'31" West, a distance of 178.57 feet, to a point in the easterly line of said 1.711 acre tract;
Thence North 32°37'31" East, a distance of 66.00 feet, along the line common to said 1.711 acre tract and said original 422.35 acre tract, to the POINT OF BEGINNING.
Containing 0.498 acres or 21689.235 square feet, more or less.
The above description was prepared from record information obtained from the Recorder's Office, Pickaway County, Ohio and not an actual field survey.
The bearings given in the above description are based on the bearing of South 84°17'29" East for the centerline of State Route 762 as established by a network of GPS observations performed in November, 2002.
Description prepared by R.D. Zande & Associates, Inc. of Columbus, Ohio by Robert L. Clay, Registered Surveyor No. S-8121.
(B) Consideration for the conveyance of the real estate described in division (A) of this section is the purchase price of $4,233.00.
(C) The real estate described in division (A) of this section shall be sold as an entire tract and not in parcels.
(D) Prior to the execution of the deed described in division (E) of this section, possession of the real estate described in division (A) of this section shall be governed by an existing temporary and permanent easement between the state and the Village of Orient.
(E) Upon payment of the purchase price, the Auditor of State, with the assistance of the Attorney General, shall prepare a deed to the real estate described in division (A) of this section. The deed shall 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 Village of Orient. The Village of Orient shall present the deed for recording in the Office of the Pickaway County Recorder.
(F) The Village of Orient shall pay the costs of the conveyance of the real estate described in division (A) of this section.
(G) This section shall expire one year after its effective date.
Section 21. (A) This section is remedial, with its purpose being to remedy an error in Sub. S.B. 332 of the 123rd General Assembly, passed by that General Assembly on December 5, 2000, approved by the Governor on January 4, 2001, and effective on January 4, 2001, by adding language that was omitted erroneously from the original legal description for the parcel of real estate described in Section 2(A) of that act that authorized the conveyance of property to Barry K. Humphries. The legal description contained in that act erroneously omitted a second parcel of land containing 0.282 acres more or less, said second parcel having been previously created to cure an encroachment by a building located on the real estate described in that act. The deed prepared pursuant to Sub. S.B. 332 of the 123rd General Assembly retained title of this "orphaned" parcel with the State of Ohio for the use and benefit of the Department of Mental Health. In order to fulfill the intent of Sub. S.B. 332 of the 123rd General Assembly, the Governor is hereby authorized to execute a deed in the name of the state conveying to Barry K. Humphries (the "Grantee"), and his successors and assigns, all of the state's right, title, and interest in the following described real estate:
Situate in the City of Dayton, County of Montgomery, State of Ohio, and being part of Lot No. 81520 of the consecutive numbers of lots on the revised plat of the said City of Dayton and being more particularly described as follows:
Beginning at a point in the former east right-of-way line of Wilmington Avenue (said point also being the southwest corner of land conveyed to AFL-CIO Senior Housing Foundation II by deed recorded at Microfiche No. 84-0547B11 in the deed records of Montgomery County, Ohio);
Thence North 50 degrees 17 minutes 24 seconds East for 2.51 feet to the southwest corner of Lot 81520 of the consecutive numbers of lots on the Revised Plat of the City of Dayton, Ohio;
Thence with the south line of said Lot 81520 (also being the south line of said AFL-CIO land) for the following two courses;
North 50 degrees 17 minutes 24 seconds East for 281.34 feet to a point;
Thence North 67 degrees 44 minutes 52 seconds East for one hundred and 00/100 (100.00) feet;
Thence North 85 degrees 19 minutes 32 seconds East for seventy-eight and 00/100 (78.00) feet to the TRUE POINT OF BEGINNING of the parcel of land to be described;
Thence on a new dividing line for the following four (4) courses;
North 39 degrees 52 minutes 42 seconds East for forty-four and 00/100 (44.00) feet;
Thence North 19 degrees 00 minutes 00 seconds East for one hundred thirteen and 00/100 (113.00) feet;
Thence North 39 degrees 52 minutes 42 seconds East for one hundred five and 00/100 (105.00) feet;
Thence North 77 degrees 24 minutes 04 seconds East for ninety-one and 86/100 (91.86) feet to a point in the south line of said Lot 81520;
Thence with said south line, South 39 degrees 52 minutes 42 seconds West for three hundred twelve and 00/100 (312.00) feet;
Thence continuing with said south line, South 85 degrees 19 minutes 32 seconds West for twenty-two and 00/100 (22.00) feet to the THE POINT OF BEGINNING containing 0.282 acres, more or less, subject however, to all covenants, conditions, restrictions, reservations, and easements contained in any instrument of record pertaining to the above-described tract of land; zoning ordinances; legal highways and real estate taxes and assessments hereafter due and payable.
NOTE: The above-described tract of land is part of that land conveyed to the AFL-CIO Senior Housing Foundation II by deed recorded at Microfiche No. 84-0547B11 in the Deed Records of Montgomery County, Ohio.
(B) Consideration for the conveyance of the real estate described in division (A) of this section shall be $1.00, in that the Grantee's consideration for the original conveyance anticipated inclusion of the parcel described in division (A) of this section.
(C) 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. The Grantee shall present the deed for recording in the Office of the Montgomery County recorder.
(D) The Grantee shall pay the costs of the conveyance of the real estate described in division (A) of this section.
(E) This section shall expire one year after its effective date.
Section 22. (A) The Governor is hereby authorized to execute a deed in the name of the state, conveying to the Board of County Commissioners of Portage County, and its successors and assigns, all of the state's right, title, and interests in the following described real estate:
Situated in the City of Ravenna, County of Portage and state of Ohio and known as being parts of Lots 5 and 7 in South Division of Lots in Ravenna Township and further described as follows:
Beginning at a point in the South line of West Main Street in said City of Ravenna, which point is 70.0 feet West of the Northwest corner of Rawsonwood Allotment in said City and at the Northwest corner of a parcel of land now owned by E. and M. Madonio, the true place of beginning for this description:
Thence South along said Madonio's West line 183.0 feet to a point; Thence East along said Madonio's South line and parallel to the South line of West Main Street, a distance of 70.0 feet to a point in the West line of said Rawsonwood Allotment; Thence South along the said West line of Rawsonwood Allotment a distance of 129.0 feet to an iron pin at the northeast corner of lands now owned by Ray E. and E. Scott; Thence North 87°23° West a distance of 165.4 feet along Scott's North line to an iron pin;
Thence North 3°0° East a distance of 312 feet to a point in the South line of West Main Street, which point also marks the Northeast corner of lands of L.R. and M. Richardson; Thence East along the South line of West Main Street, a distance of 95.4 feet to the place of beginning and containing 0.89 acre of which 0.78 acre is in Lot 7 and 0.11 acre is in Lot 5.
(B) The consideration for the conveyance of the real estate described in division (A) of this section is the purchase price of $32,625.
(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 described in division (A) of this section. The deed shall state the consideration. The deed shall be exectued by the Governor in the name of the state, countersigned by the Secretary of State, sealed with the Great Seal of the State, presented in the Office of the Auditor of State for recording, and delivered to the Board of County Commissioners of Portage County. The Board of County Commissioners of Portage County shall present the deed for recording in the office of the Portage County Recorder.
(D) Notwithstanding section 4141.11 and 4141.131 of the Revised Code, the net proceeds of the conveyance of the real estate described in division (A) of this section shall be deposited to the credit of special administrative fund created by section 4141.11 of the Revised Code.
(E) The Board of County Commissioners of Portage County shall pay the costs of the conveyance of the real estate described in division (A) of this section.
(F) This section shall expire one year after its effective date.
Section 23.  (A) The Governor is hereby authorized to execute a deed in the name of the state conveying to the purchaser, and the purchaser's heirs and assigns or successors and assigns, all of the state's right, title, and interest in the following described real estate:
Situated in the Village and Township of Richfield, County of Summit, and State of Ohio; and known as being a part of Lot 1 in Tract 3 of said Township and Village, bounded and described as follows:
Beginning at the intersection of the centerline of the original right-of-way of Brecksville Road, C.H. 17, and the Southline of Lot 1, said line also being the North line of Lot 3;
Thence North 00° 19' 54" East along the centerline of the original right-of-way of Brecksville Road a distance of 896.51 feet the True Place of Beginning;
Thence continuing North 00° 19' 54" East along the centerline of the original right-of-way of Brecksville Road a distance of 145.00 feet to a point;
Thence North 89° 09' 54" East a distance of 1273.34 feet to an iron pin found in the North right-of-way line of interstate Route 271 and said line passing thru an iron pin set at 33.00 feet from the centerline of Brecksville Road;
Thence South 50° 41' 46" West along the North right-of-way line a distance of 233.04 feet to a set iron pin;
Thence South 89° 09' 54" West a distance of 1093.84 feet to a point in the centerline of the original right-of-way of Brecksville Road and said point being the True Place of Beginning and said line passing thru an iron pin set at 33.00 feet from said centerline and containing with said bounds 1.3082 acres in the Village; 2.6309 acres in the Township, more or less, but subject to all legal highways, as surveyed by Santee Associates in December 1972.
(B) The Attorney General shall have the real estate described in division (A) of this section appraised by a state certified or licensed appraiser.
(C) Consideration for the conveyance of the real estate described in division (A) of this section shall be a purchase price of at least two-thirds of the appraised value and acceptable to the Attorney General.
(D) 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 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. The purchaser shall present the deed for recording in the office of the Summit County Recorder.
(E) Advertising costs, appraisal fees, and all other costs of the sale of the real estate described in division (A) of this section shall be paid by the purchaser.
(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 as follows: sixty-two per cent to the credit of Fund 4Z2, appropriation item 055-609, BCI Asset Forfeiture & Cost Reimbursement, and thirty-eight per cent to the credit of the General Revenue Fund.
(G) This section shall expire three years after its effective date.
Section 24. (A) The Governor is hereby authorized to execute a deed in the name of the state conveying to the Kirkwood Cemetery Association, and its successors and assigns, all of the state's right, title, and interest in the following described real estate:
Parcel 1
Being situated in Virginia Military Survey No. 4513, Union Township, Madison County, State of Ohio and being part of that land of record in Deed Volume 265 Page 215 in the Madison County Recorder's Office and being more particularly described as follows;
Beginning for reference at a pk nail set in the centerline intersection of State Route 42 and Roberts Mill Road; Thence North 04 degrees 20 minutes 53 seconds East along the centerline of Roberts Mill Road a distance of 1843.08 feet to a pk nail set; thence South 85 degrees 21 minutes 05 seconds East a distance of 2577.87 feet to a 5/8 inch iron pin set and being the true placing of beginning;
Thence from the true place of beginning North 09 degrees 21 minutes 05 seconds East a distance of 352.25 feet to a 5/8 inch iron pin set;
Thence North 04 degrees 25 minutes 28 seconds East a distance of 300.00 feet to a 5/8 inch iron pin set;
Thence North 27 degrees 20 minutes 10 seconds West a distance of 474.26 feet to an iron pipe found;
Thence South 87 degrees 47 minutes 59 seconds East along the southerly boundary of the State of Ohio (O.R. 90 P. 213) a distance of 339.90 feet to a 5/8 inch iron pin set;
Thence South 04 degrees 25 minutes 28 seconds West along the westerly boundary of the Kirkwood Cemetery a distance of 1066.43 feet to a 5/8 inch iron pin set;
Thence North 86 degrees 01 minutes 38 seconds West along a boundary of the Kirkwood Cemetery a distance of 120.26 feet to the place of beginning-containing 3.506 acres, more or less.
Being subject to all legal right-of-ways and easements.
All pins set for this survey are 5/8 inch by 30 inch iron pins with plastic caps stamped "Vance 6553".
The above description was prepared from a survey completed in August, 2002 by Samuel R. Vance, Ohio Professional Surveyor #6553.
(B) Consideration for the conveyance of the real estate described in division (A) of this section is the conveyance from the Kirkwood Cemetery Association to the state (Attorney General of Ohio, Ohio Peace Officer Training Academy), and its successors and assigns, the following described real estate:
Being situated in Virginia Military Survey No. 4513, Union Township, Madison County, State of Ohio and being part of that land of Kirkwood Cemetery of record in Deed Volume 35 Page 73 in the Madison County Recorder's Office and being more particularly described as follows;
Beginning for reference at a pk nail set in the centerline intersection of State Route 42 and Roberts Mill Road; Thence North 04 degrees 20 minutes 53 seconds East along the centerline of Roberts Mill Road a distance of 1843.08 feet to a pk nail set; thence South 85 degrees 21 minutes 05 seconds East a distance of 2552.87 feet to a 5/8 inch iron pin set and being the true place of beginning;
Thence from the true place of beginning South 85 degrees 21 minutes 05 seconds East a distance of 25.00 feet to a 5/8 inch iron pin set;
Thence South 05 degrees 02 minutes 50 seconds West a distance of 576.10 feet to a 5/8 inch iron pin set;
Thence South 53 degrees 14 minutes 24 seconds East a distance of 72.27 feet (passing over a 5/8 inch iron pin set at 37.27 feet) to a point in the centerline of State Route 42;
Thence South 69 degrees 34 minutes 00 seconds West along the centerline of State Route 42 a distance of 79.06 feet to a point;
Thence North 03 degrees 42 minutes 41 seconds East a distance of 647.81 feet (passing over a 5/8 inch iron pin set at 49.31 feet) to the place of beginning, containing 0.306 acres, more or less.
Being subject to all legal right-of-ways and easements.
All pins set are 5/8 inch by 30 inch iron pins with plastic caps stamped "Vance 6553".
The above description was prepared from a survey completed in August, 2002 by Samuel R. Vance, Ohio Professional Surveyor #6553.
(C) The state shall pay the costs of the conveyances described in divisions (A) and (B) of this section.
(D) Upon the conveyance to the state of the real estate described in division (B) of this section, the Auditor of State, with the assistance of the Attorney General, shall prepare a deed to the real estate described in division (A) of this section. The deed shall state the consideration. The deed shall be executed by the Governor in the name of the state, countersigned by the Secretary of State, sealed with the Great Seal of the State, presented in the Office of the Auditor of State for recording, and delivered to the Kirkwood Cemetery Association. The Kirkwood Cemetery Association shall present the deed for recording in the Office of the Madison County Recorder.
(E) This section shall expire one year after its effective date.
Section 25. As used in this section, "qualified property" means real and tangible personal property that satisfies the qualifications for tax exemption under the terms of section 3313.44 or 5709.08 of the Revised Code and that is owned by the state or a board of education.
Notwithstanding section 5713.081 of the Revised Code, when qualified property has not received tax exemption due to a failure to comply with Chapter 5713. or section 5715.27 of the Revised Code, the current owner of the property, or the prior owner of the property requesting exemption from prior taxes, at any time on or before twelve months after the effective date of this section, may file with the Tax Commissioner an application requesting that the property be placed on the tax exempt list and that all unpaid taxes, penalties, and interest on the property be abated.
The application shall be made on the form prescribed by the Tax Commissioner under section 5715.27 of the Revised Code and shall list the name of the county in which the property is located; the property's legal description; its taxable value; the amount in dollars of the unpaid taxes, penalties, and interest; the date of acquisition of title to the property; the use of the property during any time that the unpaid taxes accrued; and any other information required by the Tax Commissioner. The county auditor shall supply the required information upon request of the applicant.
Upon request of the applicant, the county treasurer shall determine if all taxes, penalties, and interest that became a lien on the qualified property before it first was used for an exempt purpose and all special assessments charged against the property have been paid in full. If so, the county treasurer shall issue a certificate to the applicant stating that all such taxes, penalties, interest, and assessments have been paid in full. Prior to filing the application with the Tax Commissioner, the applicant shall attach the county treasurer's certificate to it. The Tax Commissioner shall not consider an application filed under this section unless such a certificate is attached to it.
Upon receipt of the application and after consideration of it, the Tax Commissioner shall determine if the applicant meets the qualifications set forth in this section, and if so shall issue an order directing that the property be placed on the tax exempt list of the county and that all unpaid taxes, penalties, and interest for every year the property met the qualifications for exemption described in section 3313.44 or 5709.08 of the Revised Code be abated. If the Tax Commissioner finds that the property is not now being so used or is being used for a purpose that would foreclose its right to tax exemption, the Tax Commissioner shall issue an order denying the application.
If the Tax Commissioner finds that the property is not entitled to tax exemption and to the abatement of unpaid taxes, penalties, and interest for any of the years for which the current or prior owner claims an exemption or abatement, the Tax Commissioner shall order the county treasurer of the county in which the property is located to collect all taxes, penalties, and interest due on the property for those years in accordance with law.
The Tax Commissioner may apply this section to any qualified property that is the subject of an application for exemption pending before the Tax Commissioner on the effective date of this section, without requiring the property owner to file an additional application. The Tax Commissioner also may apply this section to any qualified property that is the subject of an application for exemption filed on or after the effective date of this section and on or before twelve months after that effective date, even though the application does not expressly request abatement of unpaid taxes, penalties, and interest.
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