As Passed by the Senate 1
122nd General Assembly 4
Regular Session Sub. S. B. No. 18 5
1997-1998 6
SENATORS RAY-HERINGTON-LATELL-BLESSING-LATTA-WATTS 8
10
A B I L L
To authorize the conveyance of state-owned real 12
estate in Summit County to Sagamore Hills 13
Township, to authorize the conveyance of
state-owned real estate in Summit County to the 15
City of Akron, and to authorize the conveyance of 17
state-owned real estate in Summit County to the 18
FIJI House Corporation of the University of
Akron.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. (A) The Governor is hereby authorized to 22
execute a deed in the name of the state conveying to Sagamore 23
Hills Township, Summit County, Ohio, and its successors and 25
assigns, all of the state's right, title, and interest in the 26
following described real estate:
Parcel 1: 28
Situated in the State of Ohio, County of Summit, Township 30
of Sagamore Hills, being part of original Northfield Township 31
Lots 72 and 73, further bounded and described as follows: 32
Beginning at a 1" rebar found at the southwest corner of 34
said Lot 72 and being the True Place of Beginning for the parcel 35
being described herein;
Thence, N 00°52'19" W, along the west line of said Lot 72 37
and the east line of land described in deed to Mildred K. Meywes 38
by Deed Volume 3682, Page 403 of Summit County Record of Deeds, 39
502.19 feet to a 5/8" pipe found at the southwest corner of land 40
described in deed to Jeanne M. Homik by Deed Volume 5864, Page 41
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599 of Summit County Records of Deeds;
Thence, N 89°10'16" E, leaving the west line of said Lot 72 43
and the east line of said Meywes lands, along the south line of 44
said Homik lands, 682.29 feet to a point at the southeast corner 45
of said Homik lands. Said point being witnessed by a 2" iron 46
pipe found S 01°42'58" E, 0.41 feet;
Thence, N 01°42'58" W, along the east line of said Homik 48
lands, passing thru a 5/8" capped rebar set on the southerly line 49
of Valley View Road (S.R. 63, 100' R/W) 645.98 feet, a total 50
distance of 703.74 feet to the centerline of said road; 51
Thence, southeasterly, 114.84 feet along the arc of a curve 53
deflecting to the right, having a radius of 1432.40 feet, a 54
central angle of 4°35'38" and a chord which bears S 59°57'26" E, 55
114.81 feet to a point at the northwesterly corner of land 56
described in deed to M.L. Bergold and Karen A. Dzurko by O.R. 57
1507, Page 738 of Summit County Records;
Thence, S 01°42'58" E, leaving said centerline along the 59
west line of said Bergold and Dzurko lands, passing thru a 5/8" 60
capped rebar set on the southerly line of said road at 60.86 61
feet, a total distance of 644.82 feet to the southwest corner of 62
said Bergold and Dzurko lands, said point being witnessed by a 63
1/2" iron bar found S 23°33'28" W, 0.52 feet;
Thence, N 89°10'16" E, along the south line of said Bergold 65
and Dzurko lands and the south line of land described in deed to 66
F.C. and M.A. Zielinski by Deed Volume 1326, Page 838 of Summit 67
County Records of Deeds, 226.80 feet to a concrete post found at 68
the southeasterly corner of said Zielinski lands;
Thence, S 00°14'24" E, leaving said Zielinski lands along 70
the west line of said Township lands, 510.22 feet to a 3/4" iron 71
bar found;
Thence, S 89°50'43" E, along the south line of said 73
Township lands, 183.49 feet to a 5/8" rebar found at the 74
northwest corner of land described in deed to David and Susan E. 75
MacRaild by Deed Volume 5525, Pages 388-392 of Summit County 76
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Records of Deeds;
Thence, S 01°57'48" E, along the west line of said MacRaild 78
lands, and the west lines of Robert J. Tonsing, Donald G. and 79
Ruth V. Vassler, 820.00 feet to a 5/8" capped rebar set; 80
Thence, S 89°04'45" W, 1194.70 feet to the center of a 82
concrete post found in the west line of said Lot 73; 83
Thence, N 01°14'55" W, along the west line of Lot 73, 85
832.92 feet to the True Place of Beginning and containing 35.766 86
acres of land but subject to all legal highways, easements and 87
restrictions, if any, as surveyed by Robert J. Warner, P.S., 88
Number 6931 for Environmental Design Group, Inc. in July 1996.
The Basis of Bearing for the above described parcel is grid 90
north, Ohio State Plane Coordinate System, North Zone. 91
Parcel 2: 93
Situated in the State of Ohio, County of Summit, Township 95
of Sagamore Hills, being part of original Northfield Township Lot 96
72 further bounded and described as follows: 98
Commencing for reference at a 1" rebar found at the 100
southwest corner of said lot; 101
Thence, N 00°52'19" W, along the west line of said lot, 103
502.19 feet to a 5/8" pin found; 104
Thence, N 89°10'16" E, leaving the west line of said lot, 106
682.29 feet to a point; 107
Thence, N 01°42'58" W, 703.74 feet to a point in the 109
centerline of Valley View Road (S.R. 63, 100' R/W) and the True 110
Place of Beginning for the parcel being described herein; 111
Thence, N 01°42'58" W, leaving said centerline, passing 113
thru a 5/8" capped rebar set on the northerly line of said road 114
at 57.12 feet, and a 5/8" capped rebar set on the southerly line 116
of Canal Road (100' R/W) at 140.71 feet, at total distance of 117
190.72 feet to the centerline of said Canal Road;
Thence, N 89°10'52" E, along said centerline, 97.64 feet to 119
a point;
Thence, S 01°42'58" E, passing thru a 5/8" capped rebar set 121
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on the south line of Canal Road at 50.01 feet, and a 5/8" capped 122
rebar set on the north line of Valley View Road at 189.73 feet, a 123
total distance of 249.62 feet to the centerline of Valley View 124
Road;
Thence, northwesterly, 114.84 feet along the arc of a curve 126
deflecting to the left and having a radius of 1432.40 feet, 127
central angle of 4°35'38" and a chord which bears N 59°57'26" W, 128
114.81 feet to the True Place of Beginning and containing 0.491 129
acres of land, but subject to all legal highways, easements and 130
restrictions, if any, as surveyed by Robert J. Warner, P.S., 131
Number 6931 for Environmental Design Group, Inc. in July 1996.
The Basis of Bearing for the above described parcel is grid 133
north, Ohio State Plane Coordinate System, North Zone. 134
(B) Consideration for conveyance of the real estate 136
described in division (A) of this section is a purchase price of 138
$181,285.00. The net proceeds of the purchase price shall be 139
paid to the Treasurer of State, to the credit of the Department 141
of Mental Health Trust Fund. 142
(C) Upon payment of the purchase price under division (B) 144
of this section, the Auditor of State, with the assistance of the 146
Attorney General, shall prepare a deed to the real estate 147
described in division (A) of this section. The deed shall state 148
the consideration. The deed shall be executed by the Governor in 149
the name of the state, countersigned by the Secretary of State, 150
sealed with the Great Seal of the State, presented in the Office 151
of the Auditor of State for recording, and delivered to the Board 153
of Trustees of Sagamore Hills Township. The Board of Trustees of
Sagamore Hills Township shall present the deed for recording in 155
the Office of the Summit County Recorder. 156
Section 2. (A) The Governor is hereby authorized to 158
execute a deed in the name of the state conveying to the City of 160
Akron in Summit County and its successors and assigns all of the 161
state's right, title, and interest in the following described 162
real estate:
5
Parcel Number 1: 164
Situated in the City of Akron, County of Summit, State of 166
Ohio, and bounded and described as follows: 167
Parcel No. 23WD 168
Situated in the City of Akron, County of Summit and State 170
of Ohio, and known as being a part of the Perkins Allotment as 171
recorded in P.B. 1, Pg. 38, Block 12 of the Summit County 172
Records, and more fully described as follows:
Beginning at a point on the north right-of-way of Forge 174
Street and the west right-of-way line of Fir Hill Street, said 175
point also being the southeast corner of Block 12; 176
Thence N 01° 08' 54" W along the west right-of-way line of 178
Fir Hill Street a distance of 50.00 feet to a point, said point 179
being the place of beginning for the land herein described, said 180
point also being at (Sta. 1+70.26 Fir Hill Street, 30.00 feet 181
left of centerline Fir Hill Street) per Project M-IT 15(1); 182
Thence S 88° 51' 06" W a distance of 2.50 feet to a point; 184
Thence N 01° 08' 54" W a distance of 1.00 feet to a point; 186
Thence N 88° 51' 06" E a distance of 2.50 feet to a point, 188
said point being on the west right-of-way line of Fir Hill 189
Street;
Thence S 01° 08' 54" E a distance of 1.00 feet to the place 191
of beginning and containing 2.50 square feet of land. 192
Parcel Number 2: 194
Situated in the City of Akron, County of Summit, State of 196
Ohio, and bounded and described as follows: 197
Parcel No. 20WD 198
Situated in the City of Akron, County of Summit and State 200
of Ohio, and known as being part of Lot 7 in the Perkins 201
Allotment as recorded in P.B. 1, Pg. 38, Block 13 of the Summit 202
County Records, and more fully described as follows:
Beginning at a point on the east right-of-way line of Union 204
Street, said point being N 01° 08' 54" W, a distance of 26.55 205
feet from the southwest corner of said Lot 7, also being at (Sta. 206
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3+34.5 Union Street, and 30.00 feet right of centerline Union 207
Street) per project M-IT 15(1);
Thence N 01° 08' 54" W a distance of 1.00 feet to a point; 209
Thence N 88° 51' 06" E, a distance of 2.50 feet to a point; 211
Thence S 01° 08' 54" E a distance of 1.00 feet to a point; 213
Thence S 88° 51' 06" W a distance of 2.50 feet to the place 215
of beginning and containing 2.50 square feet of land. 216
Parcel Number 3: 218
Situated in the City of Akron, County of Summit, State of 220
Ohio, and bounded and described as follows: 221
Parcel No. 21WD 222
Situated in the City of Akron, County of Summit and State 224
of Ohio, and known as being part of Lot 5 in the Perkins 225
Allotment as recorded in P.B. 1, Pg. 38, Block 13 of the Summit 226
County Records and more fully described as follows:
Beginning at a point on the east right-of-way line of Union 228
Street, said point being at (Sta. 5+05.7 Union Street, and 30.00 229
feet right of centerline Union Street) per Project M-IT 15(1), 230
point also being the northwest corner of Lot 5; 231
Thence N 88° 51' 06" E along the north line of Lot 5 a 233
distance of 20.00 feet to a point; 234
Thence S 01° 08' 54" E a distance of 10.00 feet to a point; 236
Thence S 88° 51' 06" W a distance of 20.00 feet to a point, 238
said point being on the east right-of-way line of Union Street; 239
Thence N 01° 08' 54" W a distance of 10.00 feet to the 241
place of beginning and containing 200.00 square feet of land. 242
Parcel Number 4: 244
Situated in the City of Akron, County of Summit, State of 246
Ohio, and bounded and described as follows: 247
Parcel No. 1BWD 248
Situated in the City of Akron, County of Summit and State 250
of Ohio, and known as being a part of the Perkins Allotment as 251
recorded in P.B. 1, Pg. 38, Block 14 of the Summit County Records 252
and more fully described as follows:
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Beginning at the intersection of the north right-of-way 254
line of Forge Street and the east right-of-way line of Fir Hill 255
Street, said point being the southwest corner of Block 14 and 256
also being at (Sta. 37+93.53 Forge Street, 30.00 feet left of 257
centerline Forge Street) per Project M-IT 15(1);
Thence N 66° 54' 26" E along the north right-of-way line of 259
Forge Street a distance of 65.47 feet to the place of beginning 261
for the land herein described; 262
Thence N 23° 05' 34" W a distance of 30.00 feet to a point; 264
Thence N 66° 54' 26" E a distance of 10.00 feet to a point; 266
Thence S 23° 05' 34" E a distance of 30.00 feet to a point, 268
said point being on the north right-of-way line of Forge Street; 269
Thence S 66° 54' 26" W along said right-of-way line a 271
distance of 10.00 feet to the place of beginning and containing 272
300.00 square feet of land.
(B) Consideration for conveyance of the real estate 274
described in division (A) of this section is a purchase price of 275
$23,695 to be paid by the City of Akron to the University of 276
Akron and retained by the University of Akron for its use and 277
benefit as it may direct. 278
(C) Upon payment of the purchase price under division (B) 280
of this section to the University of Akron, the Auditor of State, 282
with the assistance of the Attorney General, shall prepare a deed 283
to the real estate described in division (A) of this section. 284
The deed shall state the consideration. The deed shall be 285
executed by the Governor in the name of the state, countersigned 286
by the Secretary of State, sealed with the Great Seal of the 287
State, presented in the office of the Auditor of State for 288
recording, and delivered to the City of Akron. The City of Akron 289
shall present the deed for recording in the office of the Summit 290
County Recorder. 291
Section 3. (A) The Governor is hereby authorized to 293
execute a deed in the name of the state conveying to the FIJI 294
House Corporation of the University of Akron and its successors 295
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and assigns all of the state's right, title, and interest, 296
reserving a right of first refusal described in division (B) of 297
this section, in the following described real estate: 298
Situated in the City of Akron, County of Summit and State 300
of Ohio, and being the same lands as described in Deed Book 5799, 301
Page 732, Summit County Recorder's Office: 302
And being a part of Tract 8, Lot 3, formerly Portage 304
Township and beginning at a point in the East line of Spicer 305
Street 100 feet North of the intersection of the East line of 306
said Spicer Street and the North line of Vine Street; thence East 307
parallel to the North line of Vine Street about 184 feet; thence 308
Northerly 20 feet; thence East on a line parallel to the East 309
line of said Spicer Lot No. 23 and 40 feet Westerly therefrom 310
about 60 feet to lands of Mary M. Gardner; thence Westerly along 311
the Southerly line of said Gardner lands to the East line of 312
Spicer Street; thence South along the East line of Spicer Street 313
80 feet to the place of beginning. 314
(B) The State reserves a right of first refusal for the 316
use and benefit of the University of Akron. If the FIJI House 317
Corporation of the University of Akron wishes to sell or lease 318
the real estate described in division (A) of this section, the 319
FIJI House Corporation of the University of Akron shall give the 321
State (University of Akron) not less than sixty days prior 322
written notice of the terms of any contemplated sale or lease 323
with the name and address of the proposed purchaser. The State 324
(University of Akron) shall have the first right and option to 325
purchase or lease the real estate described in division (A) of 326
this section upon the same terms. The option shall be 327
exercisable for a period of sixty days following the date of 328
receipt of the notice.
(C) Consideration for the conveyance of the real estate 330
described in division (A) of this section is a purchase price of 332
$285,000 to be paid by the FIJI House Corporation of the 333
University of Akron to the University of Akron for its use and 334
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benefit as it may direct.
(D) Upon payment of the purchase price under division (C) 336
of this section, the Auditor of State, with the assistance of the 338
Attorney General, shall prepare a deed to the real estate 339
described in division (A) of this section. The deed shall state 340
the consideration and the reservation under division (B) of this 341
section. The deed shall be executed by the Governor in the name 343
of the state, countersigned by the Secretary of State, sealed 344
with the Great Seal of the State, presented in the office of the 345
Auditor of State for recording, and delivered to the FIJI House 346
Corporation of the University of Akron. The FIJI House
Corporation of the University of Akron shall present the deed for 348
recording in the office of the Summit County Recorder.
Section 4. This act expires one year after its effective 350
date. 351