Bill Text: OH SB201 | 2013-2014 | 130th General Assembly | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: To authorize the conveyance of state-owned real estate in Franklin County to Step by Step Academy, Inc., and to declare an emergency.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-12-19 - Effective Date [SB201 Detail]
Download: Ohio-2013-SB201-Comm_Sub.html
As Reported by the Senate State Government Oversight and Reform Committee
A BILL
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Bill Title: To authorize the conveyance of state-owned real estate in Franklin County to Step by Step Academy, Inc., and to declare an emergency.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-12-19 - Effective Date [SB201 Detail]
Download: Ohio-2013-SB201-Comm_Sub.html
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Senator Bacon
To authorize the conveyance of state-owned real | 1 |
estate in Franklin County to Step by Step Academy, | 2 |
Inc., and to declare an emergency. | 3 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. (A) The Governor is authorized to execute a deed | 4 |
in the name of the state conveying to Step by Step Academy, Inc. | 5 |
(hereinafter the "grantee"), its successors and assigns, or to an | 6 |
alternate grantee under division (F) of this section, all of the | 7 |
state's right, title, and interest in the following described real | 8 |
estate: | 9 |
Tract 1 | 10 |
Situated in the State of Ohio, County of Franklin, City of | 11 |
Worthington, being part of Quarter Township 3, Township 2, Range | 12 |
18, United States Military Lands, being parts of those two parcels | 13 |
of land (First Parcel and Second Parcel) as described in a deed to | 14 |
The Columbus Sanitarium Company (n.k.a. Harding Sanitarium, Inc.), | 15 |
of record in Deed Volume 874, Page 274, all references herein | 16 |
being to the records of the Recorder's Office, Franklin County, | 17 |
Ohio, and being more particularly described as follows: | 18 |
Beginning at the northwesterly corner of the Second Parcel, | 19 |
at the northeasterly corner of that 2.25 acre tract as described | 20 |
in a deed to Harding Sanitarium, Inc., of record in Deed Volume | 21 |
1885, Page 81 and in the centerline of Dublin-Granville Road | 22 |
(State Route 161); | 23 |
Thence South 85°15'00" East, along said centerline, a | 24 |
distance of 70.12 feet to the intersection of the centerline of | 25 |
Proprietors Road, 50 feet in width, being also a corner common to | 26 |
First Parcel and Second Parcel; | 27 |
Thence South 85°21'30" East, continuing along said | 28 |
centerline, a distance of 403.54 feet to the northeasterly corner | 29 |
of First Parcel and in the westerly right-of-way line of the | 30 |
Norfolk & Western Railway Co.; | 31 |
Thence South 1°47'15" East, along said right-of-way line, a | 32 |
distance of 300.00 feet to a point in the easterly line of that 40 | 33 |
foot wide (+/-) strip of land (originally out of said First | 34 |
Parcel) as described in a deed to Ohio Railway Museum, Inc., of | 35 |
record in Official Record Volume 29706, Page E09; | 36 |
Thence northerly along said easterly line the following two | 37 |
courses: | 38 |
1. North 11°44'58" West, a distance of 24.09 feet to a point | 39 |
of curvature; | 40 |
2. With the arc of a curve to the right, having a radius of | 41 |
1753.18 feet, a central angle of 8°31'54", the chord of which | 42 |
bears North 7°29'01" West, a chord distance of 260.82 feet to a | 43 |
point in the original southerly right-of-way line of | 44 |
Dublin-Granville Road (20.00 feet south of centerline); | 45 |
Thence North 85°21'30" West, along said right-of-way line, a | 46 |
distance of 44.77 feet to a point at the intersection of the | 47 |
westerly line of said 40 foot wide (+/-) strip; | 48 |
Thence southerly along said westerly line the following | 49 |
courses: | 50 |
1. South 5°16'57" East, passing an iron pin set in the | 51 |
southerly right-of-way line of Dublin-Granville Road at 35.53 feet | 52 |
(55 feet right of station 30+91.5), a total distance of 169.02 | 53 |
feet to a point in the center of Rush Run; | 54 |
2. South 11°36'57" East, a distance of 819.40 feet to an iron | 55 |
pin set at a point of curvature; | 56 |
3. With the arc of a curve to the right, having a radius of | 57 |
5699.00 feet, a central angle of 10°00'12", the chord of which | 58 |
bears South 6°36'51" East, a chord distance of 993.74 feet to an | 59 |
iron pin found at the northeasterly corner of the subdivision | 60 |
"Colonial Hills No. 2", of record in Plat Book 20, Page 10, in the | 61 |
easterly right-of-way line of a vacated alley; | 62 |
Thence North 84°38'48" West, along the northerly line of | 63 |
Colonial Hills No. 2, passing the northeasterly corner of Lot 619 | 64 |
at 20.22 feet and the northwesterly corner at 140.13 feet, a total | 65 |
distance of 180.52 feet to a P.K. nail found at the centerline | 66 |
intersection of Indianola Avenue, 80.00 feet in width, and Park | 67 |
Overlook, 60.00 feet in width; | 68 |
Thence North 84°47'15" West, along the centerline of Park | 69 |
Overlook, a distance of 39.60 feet to a P.K. nail set at the | 70 |
southeasterly corner of that 0.402 acre tract as described in a | 71 |
deed to The Board of Commissioners of Franklin County, Ohio (for | 72 |
right-of-way purposes), of record in Deed Volume 1688, Page 284; | 73 |
Thence North 1°16'15" West, along the easterly line of said | 74 |
0.402 acre tract, a distance of 30.19 feet to an iron pin set at | 75 |
the northeasterly corner of same; | 76 |
Thence North 84°47'15" West, along the northerly line of said | 77 |
0.402 acre tract (the northerly right-of-way line of Park | 78 |
Overlook), a distance of 153.84 feet to an iron pin found at the | 79 |
southeasterly corner of the property of Karen S. and Shawn E. | 80 |
Miller, of record in Instrument No. 200103090048575; | 81 |
Thence North 4°35'22" East, along the easterly line of said | 82 |
Miller property, a distance of 150.00 feet to an iron pin found at | 83 |
the northeasterly corner of same; | 84 |
Thence North 84°47'15" West, along the northerly line of a | 85 |
series of eight tracts (all originally out of First Parcel), a | 86 |
distance of 442.15 feet to an iron pin set in the center of the | 87 |
vacated half of Forest Avenue, 25 feet in width, as established by | 88 |
the plat "Subdivision of Reserve "B", Colonial Hills Plat No. 2", | 89 |
of record in Plat Book 21, Page 11, and vacated by City of | 90 |
Worthington Ordinance No. 96-94; | 91 |
Thence North 4°30'40" East, along the center of said vacated | 92 |
half of Forest Avenue, a distance of 154.72 feet to an iron pin | 93 |
set at the terminus of same; | 94 |
Thence North 85°27'11" West, along the northerly line of said | 95 |
Subdivision of Reserve "B", Colonial Hills Plat No. 2 and along | 96 |
the northerly line of "Rush Creek Subdivision" (a re-plat of a | 97 |
portion of Subdivision of Reserve "B", Colonial Hills Plat No. 2) | 98 |
of record in Plat Book 28, Pages 38 and 39, a distance of 674.11 | 99 |
feet to an iron pin found at the southwesterly corner of Second | 100 |
Parcel and at the terminus of South Street; | 101 |
Thence North 4°32'51" East, along the easterly line of said | 102 |
Rush Creek Subdivision, being also the easterly right-of-way line | 103 |
of vacated Andover Street (vacated by City of Worthington | 104 |
Ordinance No. 15-56), passing an iron pin found in the northerly | 105 |
right-of-way line of South Street at 25.00 feet, a total distance | 106 |
of 859.66 feet to an iron pin set at the southwesterly corner of | 107 |
that 0.69 acre tract as described in a deed to George T. and Joan | 108 |
L. Harding, of record in Deed Volume 2318, Page 198; | 109 |
Thence South 85°22'28" East, along the southerly line of said | 110 |
0.69 acre tract, a distance of 200.07 feet to an iron pin set at | 111 |
the southeasterly corner of same and at a southwesterly corner of | 112 |
that 2.323 acre tract as described in a deed to Harding Hospital, | 113 |
Inc., of record in Deed Volume 3790, Page 425; | 114 |
Thence North 59°53'33" East, along the southeasterly line of | 115 |
said 2.323 acre tract, a distance of 536.55 feet to an iron pin | 116 |
set at the most easterly corner of same and at the southeasterly | 117 |
corner of that aforementioned 2.25 acre tract; | 118 |
Thence North 4°45'00" East, along the easterly line of said | 119 |
2.25 acre tract, a distance of 440.21 feet to the place of | 120 |
beginning and containing 40.934 acres of land, which is comprised | 121 |
of all of tax parcels 100-001234 and 100-000398. | 122 |
Bearings herein are based on South 85°15'00" East for the | 123 |
centerline of Dublin-Granville Road west of Proprietors Road as | 124 |
indicated in the referenced deed of record in Deed Volume 1885, | 125 |
Page 81. | 126 |
Iron pins set consist of a 1" (O.D.) iron pipe, 30" long with | 127 |
a plastic cap inscribed "M-E Companies/S-6872". | 128 |
This description was prepared by M-E Companies, Inc., Civil | 129 |
Engineering Group, based on information obtained from an actual | 130 |
field survey of the premises in April, 2003. | 131 |
Robert S. Wynd, Registered Surveyor No. 6872 | 132 |
Tract 2 | 133 |
Situate in the State of Ohio, County of Franklin and Township | 134 |
of Sharon, and being part of Quarter Township 3, Township 2, Range | 135 |
18, U.S. Military Lands and being part of a tract of 19.65 Acres, | 136 |
designated as Second Parcel in the deed from the Sanitarium Realty | 137 |
Company to the Columbus Sanitarium Company, as the same is shown | 138 |
of record in Deed Book 874, page 274, Recorder's Office, Franklin | 139 |
County, Ohio and being more particularly described as follows: | 140 |
Beginning at an iron pin in the east line of Foster Street | 141 |
(now Andover Street) at the northwest corner of the above | 142 |
mentioned 19.65 Acre Tract; thence with the north line of said | 143 |
tract, S. 85°15' E. 640.9 ft. to an iron pin; thence S. 59°30' W. | 144 |
540.9 ft. to an iron pin at the southeast corner of a 0.69 Acre | 145 |
Tract conveyed to Harrison and Ruth Evans, as the same is shown of | 146 |
record in Deed Book 1117, page 633, Franklin Country records; | 147 |
thence with the east line of said 0.69 Acre Tract, N. 4°35' E. 150 | 148 |
ft. to an iron pin at the northeast corner of said tract; thence | 149 |
with the north line of said 0.69 Acre Tract, N. 85°16' W. 200 ft. | 150 |
to an iron pin at the northwest corner of said tract and in the | 151 |
east line of Foster Street (now Andover Street) the same being the | 152 |
west line of the above mentioned 19.65 Acre Tract; thence with | 153 |
said west line along the east line of Foster Street (now Andover | 154 |
Street), N. 4°35' E. 162 ft. to the place of beginning, containing | 155 |
2.323 Acres more or less. | 156 |
Tract 3 | 157 |
Situated in the State of Ohio, County of Franklin, City of | 158 |
Worthington, and being in Township No. 2, Quarter Township No. 3, | 159 |
Range 18, U.S. Military Lands, and being part of the 5.35 Acre | 160 |
tract conveyed to Frances K. Harding by deed of record in Deed | 161 |
Record 1174 at page 615, Recorder's Office, Franklin County, Ohio, | 162 |
and more particularly described as follows: | 163 |
Beginning at a point in the center line of the Worthington | 164 |
and Granville Road (also known as State Route 161) at the | 165 |
northeast corner of the land conveyed to the Harding Sanitarium, | 166 |
Inc. by deed of record in Deed Book 1885, page 81, Recorder's | 167 |
Office, Franklin County, Ohio, and at the northwest corner of land | 168 |
owned by Harding Sanitarium, Inc.; thence N. 85°15' W. along the | 169 |
center line of the Worthington and Granville Road a distance of | 170 |
Two Hundred Twenty Five (225) feet to a point; thence S. 4°45' W. | 171 |
a distance of Four Hundred and Thirty Eight (438) feet to a point; | 172 |
thence S. 85°15' E. a distance of Two Hundred Twenty Five (225) | 173 |
feet to a point; thence N. 4°45' E. Four Hundred Thirty Eight | 174 |
(438) feet to the place of beginning, containing 2.25 acres, more | 175 |
or less. | 176 |
The foregoing legal descriptions may be adjusted to | 177 |
accommodate any corrections necessary to facilitate recordation of | 178 |
the deed. | 179 |
The above referenced Tract 1, Tract 2, and Tract 3 are known | 180 |
as Franklin County Parcel Numbers 100-000398, 100-000780, | 181 |
100-001234, 100-000696, and 100-001368. | 182 |
(B) The conveyance of the real estate described in division | 183 |
(A) of this section shall include the buildings, parking areas, | 184 |
improvements, and fixtures now situated on the real estate, and | 185 |
shall be conveyed in "as-is, where-is, with all faults" condition. | 186 |
(C) Consideration for the conveyance of the real estate | 187 |
described in division (A) of this section shall be four million | 188 |
five hundred thousand dollars. | 189 |
(D) The real estate described in division (A) of this section | 190 |
shall be conveyed subject to all easements, covenants, conditions, | 191 |
and restrictions of record; all legal highways and public | 192 |
rights-of-way; zoning, building, and other laws, ordinances, | 193 |
restrictions, and regulations; and real estate taxes and | 194 |
assessments not yet due and payable. | 195 |
(E) The deed or deeds to the real estate described in | 196 |
division (A) of this section may contain restrictions, exceptions, | 197 |
reservations, reversionary interests, and any other terms and | 198 |
conditions the state or The Ohio State University may determine to | 199 |
be in the best interest of the state, including restrictions that | 200 |
are reasonably necessary to protect the state's interest in | 201 |
neighboring state-owned land. Subsequent to the conveyance, the | 202 |
state or The Ohio State University may release any restrictions, | 203 |
exceptions, reservations, reversionary interests, or other terms | 204 |
and conditions contained in the deed or deeds. | 205 |
(F) The Ohio State University is authorized to use any | 206 |
reasonable method of sale, including, but not limited to, a | 207 |
negotiated purchase agreement, to determine an alternate grantee | 208 |
and consideration in the event Step By Step Academy, Inc., does | 209 |
not complete the purchase of the real estate described in division | 210 |
(A) within one year after the effective date of this section. | 211 |
(G) The grantee and The Ohio State University shall pay all | 212 |
costs associated with the conveyance of the real estate, pursuant | 213 |
to a negotiated purchase contract. | 214 |
(H) The net proceeds of the sale of the real estate shall be | 215 |
paid to The Ohio State University and deposited in the appropriate | 216 |
university accounts to the benefit of The Ohio State University | 217 |
Wexner Medical Center. | 218 |
(I) Upon payment of the purchase price, the Auditor of State, | 219 |
with the assistance of the Attorney General, shall prepare a deed | 220 |
to the real estate. The deed shall state the consideration and the | 221 |
conditions. The deed shall be executed by the Governor in the name | 222 |
of the state, countersigned by the Secretary of State, sealed with | 223 |
the Great Seal of the State, presented in the Office of the | 224 |
Auditor of State for recording, and delivered to the grantee. The | 225 |
grantee shall present the deed for recording in the Office of the | 226 |
Franklin County Recorder. | 227 |
(J) This section expires three years after its effective | 228 |
date. | 229 |
Section 2. This act is declared to be an emergency measure | 230 |
necessary for the immediate preservation of the public peace, | 231 |
health, and safety. The reason for the emergency is that immediate | 232 |
action is necessary to put the real estate to productive use for | 233 |
the economic benefit of all Ohioans. Therefore, this act shall go | 234 |
into immediate effect. | 235 |