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Sub. H. B. No. 449 As Passed by the SenateAs Passed by the Senate
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Bishoff, Fedor, Grossman, Hackett, Hill, Hood, Stebelton, Wachtmann, Brenner, Amstutz, Baker, Beck, Blessing, Boose, Brown, Buchy, Budish, Burkley, Cera, Conditt, Curtin, Damschroder, Dovilla, Duffey, Gerberry, Green, Hall, Hayes, Heard, Hottinger, Huffman, Johnson, Kunze, Landis, Letson, Lundy, Lynch, Maag, Mallory, McClain, McGregor, Milkovich, Patterson, Perales, Phillips, Pillich, Rogers, Romanchuk, Rosenberger, Ruhl, Sears, Sheehy, Slaby, Slesnick, Smith, Sprague, Stautberg, Stinziano, Strahorn, Sykes, Terhar, Thompson, Young Speaker Batchelder
Senators LaRose, Coley, Brown, Turner, Burke, Eklund, Faber, Gardner, Hite, Hughes, Manning, Oelslager, Seitz, Skindell, Tavares
A BILL
To enact section 3333.311 of the Revised Code with
respect to residency status for certain veterans,
spouses, and dependents at state institutions of
higher education, to authorize the conveyance of
state-owned real property, and to declare an
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3333.311 of the Revised Code be
enacted to read as follows:
Sec. 3333.311. (A) For the purpose of admission to any state
institution of higher education, as defined in section 3345.011 of
the Revised Code, a veteran and that veteran's spouse and
dependent shall be considered residents of this state, if the
veteran either:
(1) Served one or more years on active military duty and was
honorably discharged or received a medical discharge that was
related to the military service;
(2) Was killed while serving on active military duty or has
been declared to be missing in action or a prisoner of war.
(B) If a veteran or that veteran's spouse or dependent meets
the criteria prescribed in division (A) of this section, no state
institution of higher education shall apply any residency-related
quotas or restrictions to that individual's application for
admission to the institution.
(C) The term "resident" for the purposes of this section
shall not be equated with the definition of that term as it is
employed elsewhere under the laws of this state and other states,
and shall not carry with it any of the legal connotations
appurtenant thereto.
Section 2. (A) The Governor may execute a deed in the name of
the state conveying to one or more purchasers, and the purchaser
or purchaser's 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 The Ohio State
University, described as follows:
Known as 1630 Neil Avenue, Columbus, OH 43201 and Franklin County
Parcel Number 010-043417 and described as:
Situated in the State of Ohio, County of Franklin and in the City
of Columbus:
Being 35 feet off the north side of Lot Number Eight (8) of
UNIVERSITY HEIGHTS ADDITION to City of Columbus, Ohio, as the same
is numbered and delineated upon the recorded plat thereof, of
record in Plat Book 4, page 255, Recorder's Office, Franklin
County, Ohio.
Known as 1618-1624 Neil Avenue, Columbus, OH 43201 and Franklin
County Parcel Number 010-029480 and described as:
Situated in the State of Ohio, County of Franklin and in the City
of Columbus:
Being a part of Lots Numbered Eight (8) and Nine (9) of THEODORE
RHOADS' UNIVERSITY HEIGHTS ADDITION, to said City of Columbus, as
said lots are numbered and delineated upon the recorded plat of
said Addition, of record in Plat Book 4, page 255, Recorder's
Office, Franklin County, Ohio, and more particularly described as
follows:
Beginning at the southwest corner of said Lot No. 9; thence
northwardly along the west line of said lot to the northwest
corner thereof, and further northwardly along the west line of
said Lot No. 8 to a point in said west lot line, five feet from
the southwest corner thereof; thence eastwardly on a line five
feet north of and parallel to the north line of said Lot No. 9,
for a distance of 97.72 feet; thence southwardly on a line
parallel to the east lot line of said Lots 8 and 9, to a point in
the south line of said Lot No. 9; thence westerly 99 feet along
said south line of said Lot No. 9, to the place of beginning. Said
above described tract fronting 99 feet on Tenth Avenue and 42.54
feet on Neil Avenue, be the same more or less, but subject to all
legal highways.
Known as 250-252 West Tenth Avenue, Columbus, OH 43201 and
Franklin County Parcel Number 010-016949 and described as:
Situated in the County of Franklin, State of Ohio and City of
Columbus, and bounded and described as follows:
Being part of Lots 8 and 9 of Theadore Rhoads University Heights
Addition to the City of Columbus, as said lots are numbered and
delineated upon the recorded plat thereof, of record in Plat Book
4, page 255, Recorder's Office, Franklin County, Ohio, and more
particularly described as follows:
Beginning at a point in the north line of Tenth Avenue, 99 feet
easterly on said north line from the southwest corner of said Lot
9, thence easterly on said north line of Tenth Avenue, 54.12 feet
to the alley, southeast corner of said Lot 9, thence northward
with the west line of said alley 72.54 feet to a point in said
west alley line 5 feet northward from the original southeast
corner of said Lot 8; thence westwardly parallel with and 5 feet
northwardly from the original line between said Lots eight and
nine 52.28 feet; thence in a southerly direction, passing 18
inches west of and parallel with the outside line of the west
foundation wall of the brick house numbered 250 West Tenth Avenue,
located on the east end of said Lot 9 to the place of beginning
making a tract fronting 54.12 feet on Tenth Avenue, the North 5
feet of which was part of original Lot 8. Also, known as 250 and
252 West Tenth Avenue, Columbus, Ohio.
Subject to all conditions, restrictions and easements, if any, of
record and to include all rights and privileges as shown by
agreement of record in Misc. Record Vol. 60, page 528.
Known as 300 West Lane Avenue, Columbus, OH 43201. Tract One is
Franklin County Parcel Number 010-077325. Tract Two is Franklin
County Parcel Number 010-077360. The parcels are described as:
Located in the city of Columbus, county of Franklin, and state of
Ohio.
Being Lots 3, 4, 5, and 6 in Jacob Weber Place Addition, as the
same are numbered and delineated upon the recorded plat thereof,
of record in Plat Book 17, pages 28 and 29, Recorder's Office,
Franklin County, Ohio, less and except that portion of ROW as
granted to the City of Columbus by Instrument Number
200708230148989, more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of
Columbus, Section 3, Township 1, Range 18, United States Military
Lands, and being part of Lots 3, 4, 5, and 6 also being described
in a deed to the State of Ohio, of record in Official Record 16902
B17, all records are on file in the Recorder's Office, Franklin
County, Ohio, all stations and offsets reference the Centerline
Survey Plat of Lane Avenue prepared by ms consultants, inc. for
the City of Columbus, said Parcel 7-WD being more particularly
described as follows:
Beginning for Reference at the centerline intersection of Tuttle
Park Place and West Lane Avenue, being at Centerline Station
68+12.54;
Thence North 86°20'57" West, along the centerline of West Lane
Avenue, a distance of 119.68 feet to a point, being the Centerline
Station 66+92.86;
Thence North 3°39'03" East, a distance of 41.53 feet to a point at
the southeast corner of said Lot 3, the southwest corner of Lot 2
of said Jacob Weber Place subdivision, on the northerly line of
West Lane Avenue, being 41.53 feet left of Station 66+92.86
(witness an iron pin found 41.43' left of sta 66+92.94), and being
the True Place of Beginning;
Thence North 86°17'18" West, along the southerly lines of said
Lots 3, 4, 5, and 6, the northerly line of Lane Avenue, a distance
of 184.44 feet to a point at the southwest corner of said Lot 6,
the southeast corner of Lot 7 of said Jacob Weber Place
subdivision, being 41.73 feet left of Station 65+08.41;
Thence North 3°42'42" East, along the easterly line of said Lot 7,
the westerly line of said Lot 6, a distance of 2.27 feet to a
point, being 44.00 feet left of Station 65+08.42;
Thence South 86°20'57" East, passing through said Lots 3, 4, 5,
and 6, a distance of 184.44 feet to a point on the easterly line
of said Lot 3, on the westerly line of said Lot 2, being 44 feet
left of Station 66+92.86;
Thence South 3°42'42" West, along the westerly line of said Lot 3,
the westerly line of said Lot 2, a distance of 2.47 feet to the
True Place of Beginning, and containing 0.010 acres of land.
The bearings for this description are based on a bearing of North
68°52'08" East from Franklin County control monument "ASTRO" to
control monument "LANE" and are based on the NAD83 State Plane
Coordinate System, Ohio South Zone.
This description was prepared by ms consultants, inc. from an
actual field survey (1995-1999) and existing records.
Located in the city of Columbus, county of Franklin, and state of
Ohio.
Being Lots 38 and 39 in Jacob Weber Place Addition, as the same
are numbered and delineated upon the recorded plat thereof, of
record in Plat Book 17, pages 28 and 29, Recorder's Office,
Franklin County, Ohio, together with any and all interest that the
grantor may have in Norwich Avenue as vacated by the City of
Columbus in Ordinance No. 743-72.
Known as 441 Ackerman Road, Columbus, OH 43202 and are a portion
of Franklin County Parcel Numbers 010-062731 and 010-103165 and
are described as:
Situated in the State of Ohio, County of Franklin, City of
Columbus, in Quarter Township 3, Township 1, Range 18, United
States Military Lands, being part of Lot 2 of "Moses Hess
Partition", of record in Franklin County Court of Common Pleas
Complete Record 32, Page 479, and being a part of each of those
tracts of land conveyed as First and Second Parcels to The State
of Ohio by deed of record in Deed Book 966, Page 339 (all
references are to the records of the Recorder's Office, Franklin
County, Ohio) and more particularly bounded and described as
follows:
Beginning, for reference, at a 3/4 inch iron pipe found at the
centerline intersection of Olentangy River Road and J. Edward
Weaver Memorial Drive, originally dedicated as Ackerman Road;
Thence North 86°22'20" West, with the centerline of said J. Edward
Weaver Memorial Drive, a distance of 117.10 feet to a 5/8 inch
rebar found at a northeasterly corner of said State of Ohio tract,
the TRUE POINT OF BEGINNING for this description;
Thence South 03°07'40" West, crossing the right of way of said J.
Edward Weaver Memorial Drive and with the westerly line of that
one half acre tract conveyed to Shirley C. Calhoun by deed of
record in Instrument Number 201311050185724, a distance of 147.00
feet to a 3/4 inch iron pipe found at the Southwesterly corner
thereof;
Thence South 86°22'20" East, with the southerly line of said
Calhoun tract, a distance of 102.34 feet to a 3/4 inch iron pipe
found in the westerly right-of-way line of said Olentangy River
Road;
Thence South 16°36'20" East, crossing said State of Ohio tracts
and with said westerly right-of-way line, a distance of 314.90
feet to an iron pin set;
Thence South 10°55'05" West, crossing said State of Ohio tracts
and with said westerly right-of-way line, a distance of 39.12 feet
to an iron pin set at the intersection of said westerly
right-of-way line and the northerly right-of-way line of Ackerman
Road, as shown on the plan FRA-315-2.85;
Thence crossing said State of Ohio tracts and with said northerly
right-of-way line the following courses and distances:
North 83°06'49" West, a distance of 47.39 feet to a 3/4 inch iron
pipe found; and North 51°13'45" West, a distance of 191.88 feet to
an iron pin set;
Thence North 45°29'27" West, partly with said northerly right of
way line and partly crossing the right of way of said J. Edward
Weaver Memorial Drive, a distance of 562.45 feet to a railroad
spike found in the original centerline of said Ackerman Road;
Thence South 86°22'20" East, with said centerline, (passing a
railroad spike found at a distance of 281.73 feet) a total
distance of 421.90 feet to the TRUE POINT OF BEGINNING, containing
2.811 acres of land, more or less, 0.234 acre of which falls
within the presently occupied right of way of J. Edward Weaver
Memorial Drive.
The above described 2.811 acres is comprised of 2.640 acres out of
parcel number 010-062731 and 0.171 acre out of parcel number
010-103165.
Subject, however, to all legal rights-of-way and/or easements, if
any, of previous record.
Iron pins set, where indicated, are iron pipes, thirteen
sixteenths (13/16) inch inside diameter, thirty (30) inches long
with a plastic plug placed in the top bearing the initials EMHT
INC.
The bearings herein are based on the Ohio State Plane Coordinate
System (South Zone) as per NAD83 (1986 Adjustment). Control for
bearings was from coordinates of monuments COC4-83 and RINGLE.
Said bearings originated from a field traverse which was tied to
said coordinate system by GPS observations. The portion of the
centerline of Old Ackerman Road having a bearing of South
86°22'20" East and monumented as shown hereon, is designated the
"basis of bearing" for this description.
This description is based on an actual field survey performed by
or under the direct supervision of Matthew A. Kirk, Professional
Surveyor Number 7865 in September of 2014.
The foregoing legal descriptions may be adjusted to accommodate
any corrections necessary to facilitate recordation of the deeds.
(B) The parcels may be transferred individually, as a group,
as multiple groups to a single purchaser, or to multiple
purchasers.
(C) The real estate shall be conveyed subject to all
easements, covenants, conditions, and restrictions of record; all
legal highways and public rights-of-way; zoning, building, and
other laws, ordinances, restrictions, and regulations; and real
estate taxes and assessments not yet due and payable.
(D) The conveyance of the real estate shall include the
buildings, parking areas, improvements, and fixtures now situated
on the real estate and shall be conveyed in "as-is, where is, with
all faults" condition.
(E) Consideration for conveyance of the real estate shall be
a purchase price and any terms and conditions acceptable to the
Board of Trustees of The Ohio State University.
(F) The costs of the closing and conveyance shall be paid by
The Ohio State University and any purchaser pursuant to the
negotiated purchase contract.
(G) The net proceeds of the sale of the real estate shall be
paid to The Ohio State University, and shall be deposited into
university accounts for purposes to be determined by the Board of
Trustees.
(H) Each deed to the real estate shall contain any
exceptions, reservations, or conditions and any right of reentry
or reverter specified in the resolution adopted by the Board of
Trustees of The Ohio State University. Any exceptions,
reservations, or conditions or any right of reentry or reverter
contained in any deed may be released by The Ohio State University
without the necessity of further legislation, provided the release
is specifically authorized by the Board of Trustees.
(I) Upon adoption of a resolution by the Board of Trustees of
The Ohio State University specifically identifying the parcel or
parcels of real estate to be conveyed or transferred, the
purchaser or purchasers of the real estate, and 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 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 for recording in
the office of the county recorder where each parcel of real estate
is located.
(J) This section expires three years after its effective
date.
Section 3. Section 2 of this act is an emergency measure
necessary for the immediate preservation of the public peace,
health, and safety. The reason for the emergency is the necessity
to ensure that land no longer needed by the state may be put to
productive use. Therefore, this act goes into immediate effect.
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