130th Ohio General Assembly
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S. B. No. 390  As Passed by the Senate
As Passed by the Senate

129th General Assembly
Regular Session
2011-2012
S. B. No. 390


Senator Obhof 

Cosponsor: Senator LaRose 



A BILL
To authorize the conveyance of state-owned real estate in Richland County to the Mansfield Reformatory Preservation Society.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. (A) The Governor is authorized to execute a Deed in the name of the state conveying to the Mansfield Reformatory Preservation Society, its successors and assigns, all of the state's right, title, and interest in the following described real estate (hereinafter referred to as the "state premises"):
Situated in the Township of Madison, County of Richland, State of Ohio and being a part of the Northeast Quarter of Section 15, Township 21, Range 18 and being more particularly described as follows:
1. Beginning at a 2" Mag Nail set at the intersection of the centerline of State Route 545 (width varies) and the centerline of Reformatory Road (60');
2. Thence South 35°11'23" West along the centerline of State Route 545 (width varies), a distance of 130.40 feet to a drill hole found;
3. Thence South 34°41'11" West along the centerline of State Route 545 (width varies), a distance of 126.03 feet to a drill hole found;
4. Thence southwesterly along a curve to the left, along the centerline of State Route 545 (width varies), an arc length of 95.93 feet, delta angle of 00°02'53", a radius of 114,591.26 feet, a chord bearing South 34°39'44" West, a chord distance of 95.93 feet to a drill hole set;
5. Thence North 86°46'44" West along the north line of lands now or formerly owned by Ohio Edison Company as recorded in Deed Volume 342, Page 151 of the Richland County Recorder's records, passing thru a survey marker set at a distance of 93.73 feet, a total distance of 593.71 feet to a survey marker set on the east right of way line of Crawford Avenue (T,H. 1116) (60'), also being the west line of the Northeast Quarter of Section 15;
6. Thence North 04°07'51" East along the east right of way line of said Crawford Avenue (Tu. 1116) (60') and the west line of the Northeast Quarter of Section 15, passing thru a 2" Mag Nail set at a distance of 270.00 feet, a total distance of 300.00 feet to a 2" Mag Nail set on the centerline of Reformatory Road (60');
7. Thence South 86°46'44" East along the centerline of Reformatory Road (60'), a distance of 773.81 feet to the 2" mag nail set at the Point of Beginning and containing 4.705 acres of land, more or less, subject to all highways, easements and use restrictions of record.
This description is based on an actual field survey performed by Richland Engineering Limited in August 2011. Bearings are based on Official Record Volume 857, Page 788 and are for the determination of angular measurement only.
Survey markers set are 5/8" diameter by 30" long rebar with cap stamped" Richland Eng RLS 7209".
In preparing the deed, the Auditor of State, with the assistance of the Attorney General, may modify the foregoing description insofar as necessary to bring it into conformity with the actual bounds of the real estate being described.
The state premises shall be sold as an entire tract and not in parcels.
(B) Consideration for conveyance of the state premises is two parcels of land conveyed to the state by the grantee, the first parcel consisting of approximately 1.865 acres, and the second parcel consisting of approximately 2.037 acres, for an approximate total of 3.902 acres, described as follows:
Parcel 1
LEGAL DESCRIPTION of 1.865 Acres
Situated in the City of Mansfield, Township of Madison, County of Richland, State of Ohio and being part of the Northwest Quarter of Section 10, Township 21, Range 18 and being more particularly described as follows:
Commencing at a railroad spike set at the northeast corner of the Northwest Quarter of Section 10;
Thence South 00°11'58" East along the east line of the Northwest Quarter of Section 10 and the east line of lands now or formerly owned by J. & D. Building Enterprises as recorded in Official Record Volume 647, Pages 879 and 881 of the Richland County Recorder's records, passing through a "Cunning" survey marker found at 30.01 feet, a total distance of 355.04 feet to a "Cunning" survey marker found at the Point of Beginning of the parcel herein described;
1, Thence South 00°11'58" East continuing along the east line of the Northwest Quarter of Section 10, a distance of 325.03 feet to a survey marker found at the northeast corner of lands now or formerly owned by Studio 101 Inc. as recorded in Official Record Volume 840, Page 386 of the Richland County Recorder's records;
2. Thence South 88°31'37" West along the north line of said Studio 101 Inc. lands, a distance of 250.00 feet to a survey marker set;
3. Thence North 00°11'58" West a distance of 325.03 feet to a survey marker set on the south line of said J. & D. Building Enterprises lands;
4. Thence North 88°31'37" East along the south line of said J. & D. Building Enterprises lands, a distance of 250.00 feet to the "Cunning" survey marker found at the Point of Beginning, and containing 1.865 acres of land, more or less, subject to all highways, easements, and use restrictions of record.
This description is based upon an actual field survey made in 2011 by Richland Engineering Limited. All bearings are based on the O.D.O.T. centerline of State Route 13 bearings being North 40°30'00" East as shown in Richland County Recorder's records Plat Book 16, Page 35 and are for the determination of angular measurement only.
The grantees, his heirs and assigns do hereby covenant and agree that the parcel of land described in this instrument or any portion thereof does not constitute a principal building site under applicable zoning and will not be conveyed by said grantees, heirs and assigns independent and separate from any adjoining or contiguous parcel fronting on a public highway or street.
Survey markets set and found are 5/8 inch in diameter by 30 inch long rebar with a plastic cap stamped "RICHLAND ENG. 7209".
Deed Reference: Official Record Volume 364, Page 155
Official Record Volume 364, Page 160

Parcel 2
LEGAL DESCRIPTION of 2.037 Acres
Situated in the City of Mansfield, Township of Madison, County of Richland, State of Ohio and being part of the Northwest Quarter of Section 10, Township 21, Range 18 and being more particularly described as follows:
Beginning at a railroad spike set at the northeast corner of the Northwest Quarter of Section 10;
1. Thence South 00°11'58" East along the east line of the Northwest Quarter of Section 10 and the east line of lands now or formerly owned by J. & D. Building Enterprises as recorded in Official Record Volume 647, Pages 879 and 881 of the Richland County Recorder's records, passing through a "Cunning" survey marker found at 30.01 feet, a total distance of 355.04 feet to a "Cunning" survey marker found;
2. Thence South 88°31'37" West along the south line of said J. & D. Building Enterprises lands, a distance of 250.00 feet to a survey marker set;
3. Thence North 00°11'58" West passing through a survey marker set at 325.03 feet, a total distance of 355.04 feet to a 2 inch MAG Nail set on the centerline of Piper Road and the north line of the Northwest Quarter of Section 10;
4. Thence North 88°31'37" East along the centerline of Piper Road and the north line of the Northwest Quarter of Section 10, a distance of 250.00 feet to the railroad spike set at the Point of Beginning, and containing 2.037 acres of land, more or less, subject to all highways, easements, and use restrictions of record.
This description is based upon an actual field survey made in 2011 by Richland Engineering Limited. All bearings are based on the O.D.O.T centerline of State Route 13 bearing being North 40°30'00" East as shown in Richland County Recorder's records Plat Book 16, Page 35 and are for the determination of angular measurement only.
Survey markers set are 5/8 inch diameter by 30 inch long rebar with a plastic cap stamped "RICHLAND ENG. 7209".
Deed Reference: Official Record Volume 647, Pages 879 and 881
(C) The conveyance from the state to the grantee is subject to the following restrictions:
(1) The grantee agrees that it shall not use or develop the state premises such that it will interfere with the quiet enjoyment of the neighboring state-owned land.
(2) The grantee shall use, develop, and occupy the state premises for historic preservation purposes only, including a parking lot, public tours, and other uses incidental to these purposes. If the grantee ceases to use the state premises for these purposes, all right, title, and interest in the state premises revert back to the state, at the state's discretion, and without the need for any further action by the state. If reversion of the state premises takes place, title to the land described in division (B) of this section simultaneously reverts back to the grantee.
(D) Upon receipt of the consideration, the Auditor of State, with the assistance of the Attorney General, shall prepare a deed to the state premises. The deed shall state the restrictions in division (C) of this section. 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 Richland County Recorder.
(E) The grantee shall pay all costs associated with the purchase and conveyance of the state premises, as well as all costs associated with the sale and conveyance of the real estate described in division (B) of this section, which costs include, but are not limited to, the following: surveying costs; title costs; preparation of metes and bounds property descriptions; appraisals; environmental studies, assessments, and remediation; and recordation costs.
(F) This section expires two years after its effective date.
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