130th Ohio General Assembly
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(Substitute House Bill Number 139)



AN ACT
To enact section 3356.10 and to repeal section 3356.10 of the Revised Code five years after the effective date of this act to authorize conveyances during a five-year period of certain parcels of real estate held for the use and benefit of Youngstown State University, to authorize the conveyance to Liberty Township of all of the state's right, title, and interest in certain real estate located in Trumbull County, to authorize the conveyance of state-owned real estate in Wayne County to a purchaser to be determined, to authorize the conveyance of state-owned real estate in Wayne County to the Wayne County Fire Rescue Association, to amend Section 6 of Am. Sub. S.B. 147 of the 126th General Assembly to authorize the conveyance of state-owned real estate in Franklin County to the Columbus Board of Education, and to declare an emergency.

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

SECTION 1. That section 3356.10 of the Revised Code be enacted to read as follows:

Sec. 3356.10.  For five years from the effective date of this section, the governor may execute deeds in the name of the state conveying to one or more purchasers and the purchasers' heirs and assigns or successors and assigns all of the state's right, title, and interest in any or all parcels of real estate held for the use and benefit of Youngstown state university and located in the city of Youngstown, Mahoning county, in an area known as "smokey hollow" and bounded on the north by the east-bound service road of the Madison avenue expressway, on the east by Andrews avenue, on the south by Rayen avenue, and on the west by Wick avenue. The parcels of real estate may be transferred individually or as a group or multiple groups to a single purchaser or to multiple purchasers.

The consideration for conveyance of the real estate described in this section shall be a purchase price and any terms and conditions acceptable to the board of trustees of Youngstown state university. The consideration may include in whole or in part the benefit that will inure to the university and the students attending the university from development of a mixed-use urban neighborhood that will provide convenient housing, retail outlets, parks, and employment opportunities on a site adjacent to the university's core campus.

All costs of the conveyance of the real estate described in this section shall be paid by the board of trustees of the university unless otherwise specified in the agreement for transfer of the property.

Upon adoption of a resolution by the board of trustees specifically identifying the parcel or parcels of real estate to be conveyed, the purchaser or purchasers of the real estate, and identifying the consideration paid or to be paid, the auditor of state, with the assistance of the attorney general, shall prepare a deed or deeds to the real estate described in this section and identified in the resolution. The deed or deeds shall state the consideration specified in the resolution. The deed or deeds shall be executed by the governor in the name of the state, countersigned by the secretary of state, sealed with the great seal of the state, presented in the office of the auditor of state for recording, and delivered to the purchaser or purchasers. The purchaser or purchasers shall present the deed or deeds for recording in the office of the Mahoning county recorder.

Each deed to any property described in this section shall contain any exceptions, reservations, or conditions and any right of reentry or reverter clause specified in the resolution adopted by the board of trustees. Any exceptions, reservations, or conditions or any right of reentry or reverter clause contained in any deed authorized by this section may be released by the university without the necessity of further legislation, provided such release is specifically authorized by the board of trustees.

The net proceeds of the sale of the real estate described in this section shall be paid to Youngstown state university and deposited in university accounts for purposes to be determined by the board of trustees.

SECTION 2. Section 3356.10 of the Revised Code is hereby repealed, effective five years after the effective date of this act.

SECTION 3. (A) The purpose of the General Assembly in enacting this act is to convey to Liberty Township, Trumbull County, all of the state's right, title, and interest in certain real estate that the state originally conveyed to Liberty Township on August 29, 1978, under the authority of Sub. S.B. 324 of the 112th General Assembly. Section 3 of Sub. S.B. 324 of the 112th General Assembly and the deed authorized by it required that the property in question be used solely for public purposes and specified that, upon termination of the property being used solely for public purposes, all right, title, and interest in the property must revert to the state. The conveyance authorized by this act does not contain that condition or possibility of reverter.

(B) The Governor is hereby authorized to execute a deed in the name of the state, conveying to Liberty Township, Trumbull County, and its successors and assigns, all right, title, and interest of the state in the following described real estate:

Beginning at a Concrete Monument marking the County Lines between Trumbull and Mahoning Counties, said monument being located eighteen hundred fifty-seven and no hundredths (1,857.00) feet, more or less, West of Belmont Avenue, measured along the County Line, said monument being further defined as the Southeast corner of Athletic Field Property (known as Thomas Park), which was deeded to the Brier Hill Steel Company by the David Tod Land Company by deed dated October 25, 1916, recorded in Volume 234, Page 424, of Mahoning County Deed Records; thence North eighty-six degrees forty-two minutes no seconds (86°-42'-00") West, from aforesaid monument along the Trumbull-Mahoning County Lines, two hundred six and fifty hundredths (206.50) feet to an iron pin marking the southwest corner of a parcel of land deeded by the Youngstown Sheet and Tube Company to the state of Ohio by Quit-Claim Deed dated June 10, 1949; thence continuing North eighty-six degrees forty-two minutes no seconds (86°-42'-00") West, one hundred and no hundredths (100.00) feet; thence North two degrees thirty-nine minutes no seconds (02°-39'-00") East, and parallel to the west line of said above referred to parcel deeded to the State of Ohio a distance of two hundred ninety and forty-seven hundredths (290.47) feet to a point; thence South eighty-six degrees forty-two minutes no seconds (86°-42'-00") East, one hundred and no hundredths (100.00) feet to an iron pin marking the northwest corner of said parcel of land deeded to the State of Ohio; thence continuing South eighty-six degrees forty-two minutes no seconds (86°-42'-00") East, two hundred six and fifty hundredths (206.50) feet to an iron pin; thence South two degrees thirty-nine minutes no seconds (02°-39'-00") West, two hundred ninety and forty-seven hundredths (290.47) feet, to the place of beginning, containing two and forty-five thousandths (2.045) acres, more or less, but subject to all legal highways.

The conveyance shall be subject to existing easements, rights-of-way, and public roads and highways.

Excepting from said parcel:

Situated in the State of Ohio, County of Trumbull, City of Girard, and known as being part of northeast quarter of Liberty Township Section #2, Township 3 North, Range 2 West, also being known as part of Lot No. 2 in the original survey of said Township, and further being bounded and described as follows:

Commencing at a monument located on Centerline Construction and Right-of-Way Gypsy Lane Station 41+75.00, thence N 00E49' 44" W a distance of 11.00 feet to a point on the Trumbull County/Mahoning County Line, said point being the True Place of Beginning of the parcel of land hereinafter described, thence clockwise along the following four (4) courses and distances; thence S 89E10' 16" W along Trumbull County/Mahoning County Line for a distance of 96.78 feet to a point; thence N 01E30' 18" W along the westerly property line of said property and the Girard City/Liberty Township Section line for a distance of 30.00 feet to a point; thence N89E10' 16" E along the proposed Limited Access line for a distance of 97.14 feet to a point; thence S 00 49' 44" E for distance of 30.00 feet to a point, the True Place of Beginning and containing 2909 square feet or .067 acres of land, more or less, of which .067 acres of land, which is located in Trumbull County Auditors Parcel No. 13-000500 are in the Present Road Occupied, leaving a net take of 0.00 acres of land which is subject to all easements, restrictions and covenants of record.

(C) The consideration for the conveyance of the real estate described in division (B) of Section 3 of this act is the mutual benefit accruing to the state and Liberty Township by the use of the real estate for economic development by Liberty Township.

(D) Within thirty days after the effective date of this act, the Auditor of State, with the assistance of the Attorney General, shall prepare a deed to the real estate described in division (B) of Section 3 of this act. The deed shall state the consideration. The deed shall be executed by the Governor in the name of the state, countersigned by the Secretary of State, sealed with the Great Seal of the State, presented in the Office of the Auditor of State for recording, and delivered to Liberty Township. Liberty Township shall present the deed for recording in the Office of the Trumbull County Recorder.

(E) Liberty Township shall pay the costs of the conveyance of the real estate described in division (B) of Section 3 of this act.

(F) This section expires 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 a buyer or buyers to be determined in the manner provided in division (B) of this section, all of the state's right, title, and interest in the following described real estate that the Director of Administrative Services has determined is no longer required for state of Ohio purposes:

Situated in the Township of East Union, County of Wayne, State of Ohio and known as being a part of the Southeast and Southwest Quarters of Section 16 and the Northeast and Northwest Quarters of Section 21, T-16N; R-12W, also known as being part of lands conveyed to the State of Ohio in Volume 207; Page 223, Volume 207; Page 224, and Volume 207; Page 228 of Wayne County Deed Records and further bounded and described as follows:

Beginning at a 1" pipe found at the northwest corner of the Northwest Quarter of Section 21:

1. Thence N 89° 19' 38" E along the section line and the southerly line of lands conveyed to Oris Earl and Dorothy Ellen Steiner in Volume 545; Page 386 of Wayne County Deed Records a distance of 1363.52 feet to a 1 1/2" pipe found at the southeast corner of Steiner;

2. Thence N 00° 20' 53" E along the easterly line of said Steiner a distance of 70.00 feet to a 1" pipe found;

3. Thence S 89° 49' 28" E, 809.75 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." set on the westerly line of lands conveyed to Wayne County in Volume 720; Page 772 of Wayne County Deed Records;

4. Thence S 00° 40' 22" E along the westerly line of said Wayne County a distance of 58.00 feet to a rebar over a stone found on the section line;

5. Thence S 00° 40' 21" E along the westerly line of said Wayne County a distance of 240.00 feet to a 5/8" rebar found at the southwest corner thereof;

6. Thence N 89° 18' 59" E along the southerly line of said Wayne County a distance of 550.13 feet to a 5/8" rebar found at the southeast corner;

7. Thence N 00° 59' 39" E along the easterly line of said Wayne County a distance of 240.00 feet to a rebar over a stone found on the section line;

8. Thence N 00° 23' 47" W along the easterly line of said Wayne County a distance of 113.44 feet to a 1" pipe found;

9. Thence N 89° 18' 10" E along the southerly line of said Wayne County a distance of 521.12 feet to a 1" pipe found at the southeasterly corner thereof;

10. Thence N 00° 36' 26" E along the easterly line of said Wayne County a distance of 150.61 feet to a 1" pipe found;

11. Thence S 89° 00' 00" E along the southerly line of said Wayne County a distance of 291.03 feet to a 1" pipe found on the westerly line of lands conveyed to the Wayne County Fire Rescue Association in Volume 663; Page 123 of Wayne County Records;

12. Thence S 17° 31' 23" W along the westerly line of said Wayne County Fire Rescue Association and passing through a 5/8" rebar found at 268.87 feet on the section line a total distance of 662.32 feet to a 5/8" rebar found;

13. Thence S 62° 13' 08" E, 51-88 feet to a 5/8" rebar found;

14. Thence S 05° 53' 22" W along the westerly line of said Wayne County Fire Rescue Association a distance of 466.73 feet to a 5/8" rebar found at a southwesterly corner thereof;

15. Thence S 88° 16' 54" E along the southerly line of said Wayne County Fire Rescue Association a distance of 327.10 feet to a 5/8" rebar found;

16. Thence S 01° 39' 27" W along the westerly line of said Wayne County Fire Rescue Association a distance of 442.22 feet to a 5/8" rebar found at the southwesterly corner thereof;

17. Thence S 89° 04' 05" W, 137.09 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." set;

18. Thence S 00° 0' 05" W, 655.89 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." set;

19. Thence N 89° 58' 55" W, 1039.31 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." set;

20. Thence N 00° 01' 05" E, 274.73 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." set;

21. Thence S 86° 58' 55" W, 695.35 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." set at a point of curvature;

22. Thence northwesterly 166.81 feet along the arc of a curve deflecting to the right, said curve having a radius of 257.00 feet, a central angle of 37° 11' 20" and a chord which bears N 75° 25' 25" W, 163.90 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." set at a point of reverse curve;

23. Thence northwesterly 60.37 feet along the arc of a curve deflecting to the left, said curve having a radius of 515.54 feet, a central angle of 06° 42' 35" and a chord which bears N 59° 11' 02" W, 60.34 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." set;

24. Thence N 62° 32' 20" W, 267.57 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." set;

25. Thence northwesterly 129.18 feet along the arc of a curve deflecting to the right, said curve having a radius of 219.70 feet, a central angle of 33° 41' 22" and a chord which bears N 45° 41' 38" W, 127.33 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." set at a point of reverse curve;

26. Thence northwesterly 225.18 feet along the arc of a curve deflecting to the left, said curve having a radius of 932.78 feet, a central angle of 13° 49' 53" and a chord which bears N 35° 45' 54" W, 224.63 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." set at a point of compound curve;

27. Thence northwesterly 375.09 feet along the arc of a curve deflecting to the left, said curve having a radius of 267.00 feet, a central angle of 80° 29' 25" and a chord which bears N 82° 55' 33" W, 345.00 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." set at a point of reverse curve;

28. Thence southwesterly 306.27 feet along the arc of a curve deflecting to the right, said curve having a radius of 1179.00 feet, a central angle of 14° 53' 02" and a chord which bears S 64° 16' 16" W, 305.41 feet to a 5/8" rebar with I.D. cap marked "S.J.L., INC." set;

29. Thence S 71° 42' 47" W, 525.58 feet to a monument spike set on the section line and centerline of Apple Creek Road (C.R. 44);

30. Thence N 00° 00' 03" W along the section line and centerline of Apple Creek Road a distance of 1479.67 feet to the place of beginning and containing within said bounds 130.821 acres of land of which 1.190 acres are in the Southwest Quarter of Section 16, 2.861 acres are in the Southeast Quarter of Section 16, 35.159 acres are in the Northeast Quarter of Section 21 and 91.611 acres are in the Northwest Quarter of Section 21, more or less, and subject to all legal highways and easements of record.

This description was prepared by Virgil D. Landis, P.S. #6551 from a survey made in April of 2000 by Shaffer, Johnston, Lichtenwalter & Associations, Inc. Bearings are based on the Section line between Sections 16 and 21, bearing N 89° 19' 38" E according to record survey "EE"-429.

(B) Excepting therefrom the following described parcel:

Situated in the Township of East Union, County of Wayne, State of Ohio and being known as being part of the Northeast Quarter of Section 21, T-16N, R-12W and also a part of lands of the State Of Ohio as recorded in Official Record 207, Page 224 and being further bounded and described as follows:

Commencing at an iron pin & stone found marking the northeast corner of the Northeast Quarter of Section 21;

Thence S 86°05'34" W, 855.22 feet with the north line of said Quarter Section to a 5/8" rebar found on the east line of lands of The Wayne County Fire Rescue Assoc. as recorded in Volume 663, Page 123;

Thence continuing S 86°05'34"W, 1147.11 feet to a 5/8" rebar found on the easterly line of the Grantor;

Thence S 14°18'47"W, 388.24 feet with the west line of the Grantor to a 5/8" rebar found and being the principal place of beginning of the parcel herein described;

1. Thence S 65°08'56"E with a northerly line of the Grantor a distance of 50.85 feet to a 5/8" rebar found;

2. Thence S 02°40'46"W with an easterly line of the Grantor a distance of 471.99 feet to a 5/8" rebar found;

3. Thence N 88°30'30"E, 327.08 feet with a northerly line of the Grantor a 5/8" rebar found;

4. Thence S 01°32'02"E, 442.22 feet with an easterly line of the Grantor to a 5/8" rebar found;

5. Thence N 84°59'37"W, 40.00 feet to a 5/8" rebar and cap set;

6. Thence S 85°51'29"W, 205.84 feet to a 5/8" rebar and cap set;

7. Thence N 07°14'47"W, 112.61 feet to a 5/8" rebar and cap set;

8. Thence N 85°10'27"W, 150.74 feet to a 5/8" rebar and cap set;

9. Thence N 02°28'35"E, 773.07 feet to a 5/8" rebar and cap set;

10. Thence N 30°49'40"W, 51.84 feet to the place of beginning and containing within said bounds 3.472 acres be the same more or less.

Subject to all legal highways and easements of record. Basis of Bearings: Survey "JJ"-276. This description was prepared by Mark E. Purdy P.S. #7307 from a survey completed in July of 2005.

(C) The Director of Administrative Services shall offer the real estate, improvements and chattels located on the parcel described in division (A) of this section, for sale, "as is," in its present condition according to the following process:

(1) The real estate described in division (A) of this section shall be sold as an entire parcel and not subdivided.

(2) The Director of Administrative Services shall offer the real estate described in division (A) of this section to any state entity expressing an interest in obtaining said real estate. Any state entity expressing said interest in the real estate described in division (A) of this section shall obtain occupancy and possession through execution of a Transfer of Jurisdictional Control Affecting State Owned Lands document and thereafter assume operational control and financial responsibility for said real estate.

(3) Should the Director of Administrative Services provide notice to the Department of Mental Retardation and Developmental Disabilities that no state entity has expressed an interest in acquiring the real estate, the Ohio Department of Mental Retardation and Developmental Disabilities, with the assistance of the Ohio Department of Administrative Services, shall have the parcel described in division (A) of this section appraised by one or more disinterested persons for a fee to be determined by and paid by the Department of Mental Retardation and Developmental Disabilities. The Director of Administrative Services shall then offer the real estate at the appraised value to the Board of Commissioners of Wayne County.

(4) If, after thirty days, the Board of Commissioners of Wayne County has declined the offer to purchase (by executing a document entitled an "Offer to Purchase Real Estate" with the Director of Administrative Services that shall establish the terms of the conveyance) the real estate at the appraised value, or if the Board of County Commissioners of Wayne County has accepted the offer but has failed to complete the purchase, the Director of Administrative Services shall offer the real estate at the appraised value to the Board of Trustees of East Union Township.

(5) If, after thirty days, the Board of Trustees of East Union Township has declined the offer to purchase (by executing a document entitled an "Offer to Purchase Real Estate" with the Director of Administrative Services that shall establish the terms of the conveyance) the real estate at the appraised value, or if the Board of Trustees of East Union Township has accepted the offer but has failed to complete the purchase, the Director of Administrative Services shall offer the real estate at the appraised value to the Village of Apple Creek.

(6) If, after thirty days, the Village of Apple Creek has declined the offer to purchase (by executing a document entitled an "Offer to Purchase Real Estate" with the Director of Administrative Services that shall establish the terms of the conveyance) the real estate at the appraised value, or if the Village of Apple Creek has accepted the offer but has failed to complete the purchase, the Director of Administrative Services shall offer the real estate at the appraised value to the Board of Education of the Southeastern Local School District.

(7) If, after thirty days, the Board of Education of the Southeastern Local School District has declined the offer to purchase (by executing a document entitled an "Offer to Purchase Real Estate" with the Director of Administrative Services that shall establish the terms of the conveyance) the real estate at the appraised value, or if the Board of Education of the Southeastern Local School District has accepted the offer but has failed to complete the purchase, the Director of Administrative Services shall conduct a public auction with a required sale price of not less than two-thirds of the established appraised value.

(8) If, after the public auction provided for in division (C)(7) of this section, no bids for at least two-thirds of the appraised value are received, a second public auction shall be held, and the real estate shall be sold to the highest bidder at a price acceptable to both the Director of Administrative Services and the Director of the Department of Mental Retardation and Developmental Disabilities.

The Director of Administrative Services may reject any and all bids. The Director of Administrative Services shall advertise each auction in a newspaper of general circulation within the county in which the real estate is located, once a week for three consecutive weeks prior to the date of each auction. The terms of sale shall be 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 complete the conditions of the sale as prescribed in this division shall forfeit the ten per cent of the purchase price presented at the time of sale to the state as liquidated damages. Should a purchaser not complete the conditions of sale as described in this division, the Director of Administrative Services is authorized to accept the next highest bid by collecting ten per cent of the purchase price from that bidder and proceed to close the sale, providing the secondary bid meets all other criteria provided for in this act.

(9) Advertising costs, appraisal fees, and other costs incident to the sale of real estate described in division (A) of this section shall be paid by the Ohio Department of Mental Retardation and Developmental Disabilities.

(10) 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 Fund 33 Mental Health Improvement Fund and shall be used to offset bond indebtedness for Apple Creek Developmental Center capital projects.

(11) Upon notice from the Director of Administrative Services that the parcel of real estate described in division (A) of this section has been sold, the Auditor of State, with the assistance of the Attorney General, shall prepare a deed to the real estate to the purchaser identified by the Director of Administrative Services. The deed shall be executed by the Governor, countersigned by the Secretary of State, presented in the Office of the Auditor of State for recording, and delivered to the grantee at closing and upon the grantee's payment of the balance of the purchase price. The grantee shall present the deed for recording in the Wayne County Recorder's Office.

(D) This section expires three years after its effective date.

SECTION 5. The Governor is hereby authorized to execute a deed in the name of the state conveying to the Wayne County Fire Rescue Association, their successors and assigns or heirs and assigns, all of the state's right, title, and interest in the following described real estate:

Situated in the Township of East Union, County of Wayne, State of Ohio and being known as being a part of the Northeast Quarter of Section 21, T-16N, R-12W and also a part of lands of the State Of Ohio as recorded in Official Record 207, Page 224 and being further bounded and described as follows:

Commencing at an iron pin & stone found marking the northeast corner of the Northeast Quarter of Section 21;

Thence S 86°05'34"W, 855.22 feet with the north line of said Quarter Section to a 5/8" rebar found on the east line of lands of The Wayne County Fire Rescue Association as recorded in Volume 663, Page 123;

Thence continuing S 86°05'34"W, 1147.11 feet to a 5/8" rebar found on the easterly line of the Grantor;

Thence S 14°18'47"W, 388.24 feet with the west line of the Grantor to a 5/8" rebar found and being the principal place of beginning of the parcel herein described;

1. Thence S 65°08'56"E with a northerly line of the Grantor a distance of 50.85 feet to a 5/8" rebar found;

2. Thence S 02°40'46"W with an easterly line of the Grantor a distance of 471.99 feet to a 5/8" rebar found;

3. Thence N 88°30'30"E, 327.08 feet with a northerly line of the Grantor a 5/8" rebar found;

4. Thence S 01°32'02"E, 442.22 feet with an easterly line of the Grantor to a 5/8" rebar found;

5. Thence N 84°59'37"W, 40.00 feet to a 5/8" rebar and cap set;

6. Thence S 85°51'29"W, 205.84 feet to a 5/8" rebar and cap set;

7. Thence N 07°14'47"W, 112.61 feet to a 5/8" rebar and cap set;

8. Thence N 85°10'27"W, 150.74 feet to a 5/8" rebar and cap set;

9. Thence N 02°28'35"E, 773.07 feet to a 5/8" rebar and cap set;

10. Thence N 30°49'40"W, 51.84 feet to the place of beginning and containing within said bounds 3.472 acres be the same more or less.

Subject to all legal highways and easements of record. Basis of Bearings: Survey "JJ"-276. This description was prepared by Mark E. Purdy P.S. 7307 from a survey completed in July of 2005.

(B) The real estate described in division (A) of this section shall be sold as an entire tract and not in parcels.

(C) The Governor's deed shall state that consideration for the conveyance of the real estate described in division (A) of this section shall be a price acceptable to both the Director of the Department of Administrative Services and the Director of the Department of Mental Retardation and Developmental Disabilities. The consideration shall be paid to the state at closing.

(D) Once this bill becomes effective, the Auditor of State, with the assistance of the Attorney General, shall prepare a Governor's deed to the real estate described in division (A) of this section. The Governor's deed shall state the consideration and 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 Wayne County Fire Rescue Association. The Wayne County Fire Rescue Association shall present the Governor's deed for recording in the Office of the Wayne County Recorder.

(E) Any title evidence desired by Wayne County Fire Rescue Association shall be at Wayne County Fire Rescue Association's cost.

(F) The risk of loss or damage to the real estate described in division (A) of this section shall remain with and is expressly assumed by the State until title passes at the time of the delivery of the Governor's deed.

(G) The Wayne County Fire Rescue Association shall pay the costs of the conveyance of the real estate described in division (A) of this section, including recordation costs of the Governor's deed.

(H) The Wayne County Fire Rescue Association has the right to examine the subject premises, but the Association must agree to accept the real property, in its present condition, as is, where is and both parties agree that the condition of said property and improvements will not be changed, altered, or modified between the time of executing this agreement and the date of closing.

(I) This section expires one year after its effective date.

Section 6. That Section 6 of Am. Sub. S.B. 147 of the 126th General Assembly be amended to read as follows:

Sec. 6. (A) The Governor is hereby authorized to execute a deed in the name of the state conveying to the Columbus Board of Education, and its successors and assigns, all of the state's right, title, and interest in the following described real estate:

Situated in the County of Franklin, in the State of Ohio, and in the City of Columbus.

Parcel I:

Being Lot Numbers One (1), Two (2), Three (3), Four (4), Five (5), and Six (6) of Leo Lesquereux' Subdivision of Lots Numbers 11 and 12 in William M. Awl's Addition to said City, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 2, Page 302, Recorder's Office, Franklin County, Ohio and:

Being Lot Number Thirteen (13) in William M. Awl's Addition to the City of Columbus, as the same is numbered and delineated upon the recorded plat thereof, of record in Deed Book 26, Page 187, Recorder's Office, Franklin County, Ohio.

And together with all right, title and interest in and to Zettler Alley between Mound and Engler Streets, vacated by City of Columbus Ordinance No. 306-49, passed May 3, 1949.

Source of Title: D.B. 1261, Page 173, D.B. 1029, Page 672, D.B. 756, page 294, D.B. 1286, page 179, and D.B. 3705, page 697.

Parcel No. 21302

Parcel II:

Being Lot Numbers Fourteen (14) and Fifteen (15) in William M. Awl's Addition to the City of Columbus, as the same are numbered and delineated upon the recorded plat thereof, of record in Deed Book 26, Page 187, Recorder's Office, Franklin County, Ohio.

Together with all right, title and interest in and to Fieser Alley between Mound and Engler Streets, vacated by City of Columbus Ordinance No. 1410-66, passed October 10, 1966.

Source of Title: D.B. 1926, Page 264, D.B. 2945, Page 12, D.B. 2830, page 97, and D.B. 3705, page 697.


Parcel No. 13937Parcel No. 14004
Parcel No. 14384Parcel No. 41202
Parcel No. 13938Parcel No. 14156

Parcel III:

Being Inlots Numbers Eight Hundred Thirty-five (835), Eight Hundred Thirty-six (836), Eight Hundred Sixty-one (861) and the easterly one-half of Inlot Number Eight Hundred Sixty-two (862) in Crosby's Inlots, as the same are numbered and delineated upon the recorded plat thereof, of record in Deed Book 11, Page 97, Recorder's Office, Franklin County, Ohio.

Source of Title: D.B. 2830, Page 97, D.B. 2314, page 60, D.B. 2945, Page 12, and D.B. 3705, Page 697.


Parcel No. 41203Parcel No. 41199Parcel No. 46643
Parcel No. 16481Parcel No. 21390Parcel No. 45539
Parcel No. 5341Parcel No. 4909Parcel No. 49336
Parcel No. 3863

Parcel IV:

Being Lot Numbers Nineteen (19) and Twenty (20) of William M. Awl's ADDITION to the City of Columbus, as the same are numbered and delineated upon the recorded plat thereof, of record in Deed Book 26, Page 187, Recorder's Office, Franklin County, Ohio.

Together with all right title and interest in Zettler Alley, vacated in the City of Columbus Ordinance No. 1410-66, passed October 10, 1966.

Deed Volume 3705, Page 696, 697, and 698. Parcel No. 66681

(B) Consideration for the conveyance of the real estate described in division (A) of this section is the purchase price of $2,200,000.00.

(C) Prior to the execution of the Governor's deed described in division (D) of this section, possession of the real estate described in division (A) of this section shall be governed by an existing lease between the Ohio Department of Administrative Services and Franklin County.

(D) Upon payment of the purchase price, the Auditor of State, with the assistance of the Attorney General, shall prepare a deed to the real estate 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 Columbus Board of Education. The Columbus Board of Education shall present the deed for recording in the Office of the Franklin County Recorder.

(E) The Columbus Board of Education shall pay the costs of the conveyance of the real estate described in division (A) of this section.

(F) This section shall expire three years after its effective date.

SECTION 7. That existing Section 6 of Am. Sub. S.B. 147 of the 126th General Assembly is hereby repealed.

SECTION 8. Sections 1, 2, 3, and 5 of this act shall take effect on the ninety-first day after the effective date of this act.

SECTION 9. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reason for the necessity is that immediate action is required to ensure the continued preservation of the Apple Creek Developmental Center real estate in East Union Township and to ensure that the sale of the property from the state to the Columbus Board of Education can be completed. Therefore, this act shall go into immediate effect.

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