Property Management Disposals Training Handouts Listing ... · Property Management Disposals...

Property Management Disposals Training Handouts Listing

Module Handout Page No.

1 Email example showing how to route for internal district reviews 1-1

1 RE 74-06, Request for Fiscal Data 1-2

1 Facilities Disposal Form, Instructions & Flow Chart 1-3

1 RE 74-07, FHWA Letter Disposal/Transfer of Parcel 1-4

1 RE 24-1, Miscellaneous Cash Receipts 1-5

1 RE 74-25, Cumulative Report of Sales/Disposal of Excess Right of Way 1-6

1 Module 1 Quiz

2 ORC 5501.34 & 5501.45 (Excess Land Disposals) 2-1

2 RE 74-15, Notice of Sale of Real Estate 2-2

2 White Castle and Canal Winchester Marketing Flyers 2-3

2 RE 74-31, Notice of Sale by Sealed Bid 2-4

2 RE 79-2, Sealed Bid Form 2-5

2 RE 73-02, Non-Collusion Affidavit 2-6

2 RE 74-05, Contract of Purchase 2-7

2 RE-7 4-10, Chronology of Events 2-8

2 RE-74-40, Request for Governor's Deed 2-9

2 Case Study 2.1, Excess Land Sale Multiple Abutters

2 Module 2 Quiz

3 RE 74-05G, Contract Of Purchase For A Government Transfer 3-1

3 RE 74-08, Directors Deed with Mineral Reservation 3-2

3 Roadway Transfer Plat 3-3

3 Module 3 Quiz

4 RE 74-42, Highway Vacation Instrument 4-1

4 RE 74-11, Notice of Vacation of Right of Way 4-2

4 RE 63, Settlement and Release of Claims Form 4-3

4 RE 63-1, Extinguishment of Easement Instrument 4-4

4 ORC 5511.07 (Vacations) 4-5

4 Case Study 4.1, Roadway Vacation & Easement Extinguishment

4 Module 4 Quiz

5 Access Grant Instrument, D-01 Example Dollar General Store 5-1

5 D-01 Highest and Best Use Analysis 5-2

5 MR-509, Highway Use Permit on Dollar General Store 5-3

5 ORC 5515.01 (Permits) 5-4

5 Case Study 5.1, Limited Access Modifications

5 Module 5 Quiz

Qtr. Size Excess Lands Flow Chart

Qtr. Size Case Study 2.1 Plan Sheet



Stephen, Glenn

From: Sent: To:

Cc: Subject:

Attachments:

February 2, 2018

To: Howard Huebner- DDD Bob Weaver - CPA

Stephen, Glenn Friday, February 2, 2018 8:58 AM Huebner, Howard; Weaver, Bob; Blankenship, Matthew; Farley, Leslie; Farley, Tim; Corder, Bradley; Wingler, Levi; Rostofer, Donald Viau, James; Gilmore, Drew; Snyder, Wendi; Moorman, Patty ATH-124-0.91, Disposal of Excess Land 39 Cedar St. Location.pdf; Life Estate Agreement.pdf; Location Map.pdf

Matt Blankenship - Roadway Services Tim Farley- HMA Don Rostofer - Environmental Specialist Levi Wingler- Environmental Specialist Leslie Farley- Planning Brad Corder - DREA

RE: ATH-124-0.91, Disposal of Excess Land

Central Office Property Management is assisting D-03 Real Estate in the processing of an excess land parcel that is located at 39 Cedar Street, New London, OH.

Though ODOT acquired this parcel under the ATH-124-0.91 project, this parcel involved a life estate interest that the displacee chose to move to District three. The displacee passed away in 2007.

The ODOT parcel consists of a modular home, with detached garage and small shed situated on two lots, containing 0.3604 acres.

Attached to this email you will find various exhibits (location maps, pictures, and life estate agreement) that depict the area in question.

To expedite this particular disposal, the appraisal and appraisal review will be conducted by Central Office staff.

Should the property be approved for sale, we also need environmental clearance before seeking FHWA approval, as necessary, for the disposal.

Please take a look at the exhibits attached to this email and let me know if the property can be sold as outlined. Also, please let me know if you have any questions or need anything further to render your decision.

If anyone needs to view the site, please contact Brad Corder, D3 REA for the keys to the home.

Thank you in advance for your time and effort on this request.

Glenn Stephen Transportation Tech. ODOT Office of Real Estate

1-1

RE74-06 Rev. 03t:WJ7

ODOT OFFICE OF REAL ESTATE Interoffice Communica,tion

TO:

ATTENTION:

Office of Real Estate, Property Management Section, Mail Stop 4120

Glenn Stephen, Property Management

FROM: Real Estate Administrator, District Teri Sara.Pepper

DATE: 12/5/2017

SUBJECT: Request For Fiscal Data ATH-124-1.63

Type of disposal being processed: IZ! Excess Land D Vacation D Access Modification D Transfer D Facility Property

Designation of project tlnderwhich this R/W was acquired; See attached info. A TH-124-1.63

Original parcel number(s) involved in this disposal; see attached r/wplan sheet(s). Parcel-2SL,. 2WR-E .. Jean Leonard and Jane Leonard & Parcel 4SL, 4 WD- Samuel J. Holmes

When these R/W parcel(s) were acquired they \Vere. located: D inside of normal R/W limits [8J outside of normal R/W limits

Was there FHWA paiticipation in the acquisition of the above referenced parcel(s). 0 Yes O No

State Job Number to be used for the disposal: Federal Ptoject Number: -------Eligibility: ________________ Program/Activity: ____________ _ Attached is a copy of the instrument(s) through which these parcel(s) were acquired. Your earliest response will be appreciated.

Sara Pepper Real Estate.Administrator 740-568-393133.8 Muskingum Drive Marietta, OH [email protected] cc.: file

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ODOT Facilities' Property Disposition Request Form Instructions Revised October 2017

Section 1:

District staff will research the property to be disposed and fill out all of the general

information section.

District staff will obtain a current zoning map for the site, as applicable, and attach it to

the Disposition Request Form.

During this time-frame the District Environmental Coordinator must be engaged in

investigatory actions relative to the site, and any known contamination needs to be identified and fully explained. As applicable, all environmental information will be shared

with the acquiring party so they have a full understanding of what they are purchasing.

Also during this time frame the District must satisfactorily address any underground

storage tanks on the site.

Section 2:

District staff will research the property to be disposed and fill in the more detailed

information.

A current deed(s) showing how ODOT acquired title to the site must be attached to the

Facilities Property Disposition Request Form.

If ODOT is not disposing of the property in total then a survey of the area to be disposed

must be included in the request.

If the property is to be sold at public auction, sealed bid or directly to the sole abutting

owner or another governmental agency, an approved appraisal must be included with

the request.

If the property is to be conveyed to another governmental agency at no charge, for

continued public transportation purposes, then an appraisal is not necessary. However, to ascertain tradeoffs against current and/or future environmental costs or other costs

as determined by the Director, an appraisal may be required.

The request must include ground level or aerial photographs depicting the area to be disposed. All photos must be labeled to indicate the orientation and area in the photo.

The District must fully explain why the property is no longer needed and how current

and future needs will be addressed when the property is disposed of by the department.

Page 1 of2

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Disposition Request Form InstructionsRev. 10/2017

District will include a copy of all environmental assessments prepared in conjunctionwith the site.

If the property is to be transferred to another governmental agency at less than full FairMarket Value (FMV), including transfers at no cost, the Administrator of the Office ofReal Estate, and the Deputy Director for the Division of Facilities & EquipmentManagement must approve of the sale or transfer at less than full FMV.

• It is anticipated that the Deputy Director for the Division of Facilities & EquipmentManagement would approve of the disposal in principal before a request is madefor disposal at less than FMV. However, the timing or flow of these approvals isnot as critical as having both items properly approved and signed off on. In reality, oftentimes these things are happening simultaneously. It is the Districts'responsibility to adequately support and document both approvals prior tomoving forward with any disposal at less than FMV.

o In addition, the District must explain the status of each review and approval in the corresponding requests. For example, if the property hasnot been fully approved for disposal by the Division of Facilities and Equipment Management's Deputy Director, then the requested approvalfor a disposal at less than FMV must explain where it is in the reviewprocess, and further state the disposal will not be concluded until allreviews and approvals are secured.

District Reviews and Approvals: The District Real Estate Administrator will coordinate the review and approval of theFacilities' Property Disposition Request Form through all District Reviewers and will then submit the completed form to Central Office, Division of Facilities and EquipmentManagement for their final review and approval.

The completed Property Disposition Request Form will then be sent back to the OREAfor final processing at the District.

Any questions regarding the Property Disposition Request Form should be directed tothe Division of Facilities and Equipment Management or the Office of Real Estate,Property Management Section.

Page 2 of 2

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Submitted By:

Position Title:

-;.:,

District:

�- -Date:

Related Application Section

Section 1

OHIO DEPARTMENT OF TRANSPORTATION

PROPERTY DISPOSITION REQUEST FORM (Rev. 9/2017)

REVIEW

Question or Topic

Identify address of ODOT property to be

disposed.

- - - - - -Identify land area in acres.

-- --- - - -

Answer

-- - -

-- --- -Is the site legally accessible from a public

right-of-way? Explain if not. -- - - -Describe land use within 500 feet of the

property lines of the site. - - - ·- - - -Summarize the current zoning for the site and

all contiguous properties. Attach a current

zoning map if one is available from the local

municipality. ·- - -Does the property require remediation?

Explain. -- - --· � -- - -Are petroleum underground storage tanks

present?

·-

-

-·

--

·---- -

-

- -

-

-

-

- - -

--

.. ..

-·

--

-- - - - - -·--·- --- --� --

If underground storage tanks are present, has

a tank tightness test recently been

performed? (if so, an Approval Letter from the consultant must be attached.)

---- --

- -

-

-

-

-

-

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Related Application Section Question or Topic Answer

Section 2

Is a survey attached as Exhibit A? If not, please explain.

Describe gas, electric, water, storm and sanitary systems currently at site.

Is copy of current deed attached? If not, please explain.

What is the Appraised Value of land (and structures if applicable).

Is an appraisal, performed by an ODOT prequalified appraiser, attached? If not, explain.

Are photographs of the land disposal area (and buildings if applicable) attached?

Is an explanation of the reasons for disposing of property attached?

Is the approved Categorical Exclusion attached? If not, explain.

- - -- ---

Is the property that you are proposing to sell being sold for an amount below fair market value?

If this is a below fair market value transaction, have you attached the District's written request for approval to the DD for the Division of Facilities & Equipment Management and the Administrator, Office of Real Estate?

Additional Information or Comments

Please have the following District Representatives indicate their review and approval of this disposal by signing below: - - -- ---- - - - - - - --

Title Signature ___ Date

District Deputy Director:- --District Capital Programs Administrator:

District Planning Administrator:

District Design Engineer:

District Environmental Coordinator:

District Real Estate Administrator:

District Business & Human Resources Administrator:

District Facilities Manager:

Other District Representative:

--------

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Conclusion &

Recommendations:

Approval of �·

Recommendations

Approval of

Conclusion and Recommendations

(This portion of the form to be completed by Central Office)

Check One ,. LI

Recommendations based on

Amendment below.

Disapproval of

Recommendation based on

Amendment below: -

Deputy Director

Division of Facilities & Equipment Management

Amendments to the Recommendations:

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Facilities Disposal Flow Chart

Request for disposal Is received from outside party or or11lnated by District Real htate or hcili lies Office

Olstrkts Fadlilles ManagerfHls out the Property Disposilion R�uest Form found at "hap-//pcwt.11 dot.state oh.u1,/DPMKHH,/'hohtift/def;,,ult.Mpw· and

routl!S it to all re ulred District Mana ers

As put of the District review procenthe property's le&al description, environmental condition, FHWA pMtldpatlon and appraise-d value determined

If all Obtrkt m.1nagers concur, the Property Disposition Request form Is sent to the Deputy Director for the OivjgGn of Facffllies & Equlpnw,nt Managm1cnt for

their review and approval

If Division of Fadllties & Equlpr'l'lf'nt Management 0.0. approves of the disponl It b r<XAted to FHWA, as applkable, for review and approval. Ona! FHWA approval is secured, property Is first offered to ODNR for recrntional purposes. If OONR does not respond within 15 days:

the disposal will proceed.

The disposal can be processed In one of twoW11ys

Publk Sales can be conducted in one of two ways ____ ........ District authorized to create a Purchase Contract

detailing all sale tMms and conditions, and a Director's Deed. Th� execute ilfld delfVer umc

for full payment

Dlstrlct must�ek Director approval

for disposa-1 at leu than fuU FMV --

Notice of Sale of Real Em1e is crHted, market1n1 brochure Is prepared and for• uile sign erected on site (as nttded) and

the advertislnc is run In the loul newspaptt {ORC §SSOl.34(611

As necess.ary, professJonal auctlonerrln& services are oontracted-Distrkts may

also UM! saff to conduct the auction

RHI Clhte auction b conducted on site- a minimum of2/3's of the

appraised value must be received or no sale (ORC §SS01.34(B)l

Buyer responsible for recording the Director's Deed and sending a remrded

copy to the DREA for district records

Can onty be conducted if the appraised value is $20,000 or less, and the Process is dictated by the number of

abuulnc owners (ORC §SSOJ.34(())

tf sole a bun in,: owner is intffested they wMI Jlgn purchase contract and return it to the DRE A with their deposit money

Two or more lbuttin& owners

Sealed bk! auction Is mnduct.ed. All abut tine owners notified by registered mail how to bid if

lnterett'd. Minimum bid is fuH fair �licet value

Sealed bids ul' Dpened at the scheduled Ume and thl' suc.cessful bidder and ilff others

notified of the results

If sale is MJCcenful, tht' OREA processes the Contract of Sale, down-payment deposit and prepiires ii '"Chronology of Events" and sends it with their request to

the Stall' Auditor's Office for preparattOn of a Governor's Dttd If sate Is not suc.cessful, and the

property i s valued at $5,000 or !+------------� leu, OOOT m1y sefl the land at publi(: auction for the hl&hest

State Auditor drafts a Governor's Deed whkh is sl'nt to thelransportaUon Section of the Attorney General's Office for review ind approval

bid, without recant to the appratsedvalue.

When AAG communicate, their approval of the Governor's Deed to the Stilte Auditor's Offic:e, they simultaneousty notify OOOT Chief Lccal Counsel, Hiforming them of the deta!ls of the exc:ns land sale

State Auditor's Office then works With Secrl'tary of State .and Governor's Office to finalized necuted Govttnor'sOet"d

Auditor of State sends Governor's Deed to OREA who schedules a dosinc with the suoc:enful Buyer

Closing Is held where deed Is conveyed and all remaining monies art' collectt'd

Buyer is responsible for having the det'd recorded and furnishing a copy of the recorded Instrument b�d to

the OREA for district records. Once: OREA recelvu recorded copy they have the applicable R/W plan

sheets updated and forward a copy of the recor<ted Deed to the Auditor of State's Off!«..

ODD sa,ds request to Administrator, Office of Real

Estate for sale at less than full FMV, whk:h may inctude a transfM

at no costlfOOOT'sbenefits Justify

Office of Real Estate Administrator conf«s with the Division of hdlltles and Equipment Manageml'nt Deputy

DN'ector to review/apprO\le the Oistrict'sdtsposal requl'St, and they Jointly make the decision on behalf

of thl' OJrector,

If Director approves, the District ls authorlnd to create a Purthue

Contract detailing all sale tenns .and conditions, and a Dlre<tor's Deed, execute and defiversamefor fuH

payment-whatever that might be. Transfer m.ay also require

rcverMonuy lnterl'Sts bade to ODOT

Buyer responsible for recording the Director's

Deed and sending a ,ecorded copy to the OREA

for distrid rl'cords

Updatt"d April 4, 2016 By Central Ot'f'lce Reil Estate Propttfy Man1gcment Section

This flow chart does not attempt to detail an of the stt'ps In the dispoul process, It is only meant to covu the main points. Oe:taUed steps are outlined In Rul Estate's Policies and Procedures Manual Section 7300 & the Office ofFadllties Website located .11: hltp /fl)O'UI dot sl.t* oh w/OMJ,IOtls/ holilin/•twk .sp...

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OHIO DEPARTMENT OF TRANSPORTATION CENTRAL OFFICE • 1 980 WEST BROAD STREET • COLUM BUS. OH 43223

JOHN R. KASIC H. GOVERNOR • JERRY WRAY. DIRECTOR

June 24, 2016

Ms. Laurie Leffler, Division Administrator Federal Highway Administration Attn: Abraham Geevarghese, Realty Officer 200 N. High Street, Room 328 Columbus, OH 4321 5-2408

RE: FRA-670-1.25, (B-2 & B-3) Excess Land Sale, Parcels 1 03WL, 1 03E & 108WL Federal Project Number: IR 670-6(52)

Dear Ms. Leffler,

In accordance with the provisions of 23 CFR, 710.403(0) the State of Ohio requests the concurrence of the Federal Highway Administration in the disposal of the above captioned parcels. If granted, disposal will be made pursuant to Chapter 5501 .45 of the Ohio Revised Code.

In accordance with the requirements of the applicable sections of the Federal Aid Highway Policy Guide, the State of Ohio has determined that:

1 . The subject tracts will not be needed for state highway purposes in the foreseeable future. The three subject tracts total 0.349 acres.

2. The present right of way in the subject highway is adequate under present day standards.

3. The proposed disposal of the properties will not adversely affect the subject highway or the traffic thereon.

4. The tracts in question is not suitable for retention in order to restore, preserve or improve the scenic beauty adjacent to the subject highway consonant with the intent of 23 U.S.C. 3 19 and P l 89-285, Title 1 1 1 , Section 302-305.

5. The State of Ohio has determined that the subject tracts is not adjoining any land that could be used to preserve natural beauty or extend a public park and has no foreseeable value for this purpose.

Enclosed to fully support this disposal request is a copy of the information packet which shows the parcels.

Also, this project had federal participation in the construction and R/W Phases. Enclosed is a copy of our environmental categorical exclusion determination for these parcels.

WWW.TRANSPORTATION.OHIO.Gov 000T IS AN EQUAL OPPORT N TY EMPLOYER AN::> PROVIDER OF SERVICES

1-4

FRA-670-1.25, (B-2 & B-3) Excess Land Sale, Parcels 103WL, 103E & 108WL June 24, 2016 Page 2

On the basis of the foregoing, the State requests your concurrence in the disposal of the subject tracts.

If you have any questions, please contact myself or Jim Viau at ( 614) 644-8718

Respectfully,

Glenn Stephen, ,/::c;;,7✓-----, ,._.,, /

Property Management Agent Office of Real Estate, Property Management Section Mail Stop 4120 Phone (614) 752-4198 [email protected]

C: Jim Viau, ODOT Office of Real Estate Wendi Snyder, ODOT Office of Real Estate RE File

1-4

RE.24,1 Rev. 05/17

PAYOR

STATE OF OHIO DEPARTIVIENT QF TRANSPORTATION

Miscellaneous Receipts

Project. Name FRA-670-1.25 (B-2 ·& 8-3) PIC> 4664

Cify of Columbus Parcel county

102WD-1 & 103WD FRANKLIN

Closing /Sala/Grantee's 11/13/2017 Receipt of Governors /Directors Deed'Date: Closing, transfer to The City of Columbus

Parcel Suffix

102 & WO 1Q3

Route Section Rec!!lpt No.

670 1 .25 1

Date RE 24-1 Prepared 1 1/1'312017

Acreage Uni! of Price per Unit Measure of Measure (Acre)

0.3945 ACRE NIA

ACRE ACRE ACRE ACRE ACRE ACRE ,6.CRE ACRE ACRE

AMOUNT $26,000.00

Cost

$26,00Q.0O

4505020 Properly Mgt.lncome (50210) D 4505027 Miscellaneous Income (50217) 0□ 4505021 Security Deposit (50211) .

□ 4505029 Income-Airspace (50219)

4505022 Sale ofExcess Land (50212). IZ! 4505020 Access Modification (5021C) O 45050:14 Vacated Lands (60124) D 4506041 Wireless.rower: License Revenue (50231) O 4505025 Sale of Structure 50215). 0 4505052 Wireless Tower. Security Depa.sit (50232J □ 4505026-Performance Guarantee (50216) 0 4505063 \Nlreless Tower. Administrative Fees (50233) D This Fonn fs to be \Hl!Gd fQr. Sale Df$tl"U1jturea ■nd•Excaas l.a\nda. Support,wJU1,neces1SGry documentaJion (Journal EntJl:ee, etc,) ,as an

attai;;nmeot� Incomes rrom Renls (Jtem!Ze or submlt Jtemlzetlqn as.an attao?unenQ. Attachmim" (List)

Distribution St;rte AudHor- Orig Ti'ar1$p. Audnor� cc

Real Estate i'ldmln CO�.al Est¢e DOT-3291

APPROVED 7a&n,m µ & ,.0 Real E<lale A<lmlnlsuator /

BY. / / -/,S-20 1 7 l3y, -----'.'.!..' -/.,/..,.,.::'3 __ 20 ._17e-• -

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RE 74-25 Rev, 412017

OFFICE OF REAL ESTATE

CUMULATIVE REPORT OF SALE OR DISPOSAL OF EXCESS LANDS

DISTRICT 06 REPORT

FISCAL YEAR 20!8

. ;SoLnro D�l'I!, . j,,i\:qlES C�IRT/SEC

ofColwnbus 1 1/13/2017 .RA-670-1.25

Page I of!

QUARTER 2nd

J!,u��1��£tL $ AM()UNT

tansfet :26,000.00

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Module 1 Quiz

1. True or False: In 23 CFR, Part 710. 105(b), which defines and provides for various terms and conditions in processing a "Disposal, " is only applicable toState Transportation Departments.

2. True or False: The federal definition for Disposal includes real property or any rights therein, which would include disposal of things other than just fee title, likeaccess limitation rights.

3. What is the "magic date" that any acquisition the predates it does not requirefederal reimbursement (same date that the Federal Highway Trust Fund wasestablished)?

a. June 29, 1956b. June 12, 1964c. June 5, 1968 d. June 17, 1972

4. Please name five of the District staff that must approve any Disposal:a.b. C.

d.

e.

5. District Disposal Reviews should include consideration of ODOT's present andfuture needs related to:

a. Existing, planned, programmed or anticipated new transportation projectsb. Public transportation facilities such as mass transit and park and ride lotsc. Highway maintenance needs such as slope, drainage area, access,

outpost or maintenance buildings sitesd. All of the above

6. True or False: Environmental reviews are mandatory on all Disposals regardlessof funding.

7. True or False: Per 23 CFR part 710.403(e), current fair market value must becharged for the Disposal of all real property interest if those properties wereacquired with federal funding.

ODOT Property Management Disposals Training Class Page 1

8. True or False: ODOT Director approval is required on any Disposal at less than

full FMVE (unless it is an EL auction at 2/3's or more) .

9. FHWA requests must be on what form?

a. Form RE 63-1, Extinguishment of Easement

b. Cumulative Report of Sales/Disposal of Excess Right of Way, Form RE

74-25

c. Form RE 74-07, FHWA Letter Disposal/Transfer of Parcel, under the

signature of the District Deputy Director

d. Project File Maintenance Form for Property Management Disposals, Form

RE 74-12

e. Form RE 24-1, Miscellaneous Cash Receipts

10. Payment for Disposals can only be accepted in the form of ___ __ _

___ ___ or ___ __ _

11 . Per 23 CFR part 710.403(f), the federal share of net income must be used for

___ ___ eligible projects.

12. Each District is required to submit a Cumulative Report of Sales/Disposal of

Excess Right of Way, Form RE 74-25, to Central Office Property Management

every:

a. Month

b. Quarter

c. Annually on a Calendar Year

d. Annually on a Fiscal Year

13. The categories of excess land parcels are as follows:

a.

b.

C.

14. True or False: Under our Stewardship Agreement, Districts do not have to seek

FHWA approval in a number of instances when disposing of excess lands.


1 1 /5/201 8 Lawriter - ORC - 5501 .34 Selling real property no longer required for highway purposes.

5501 .34 Sel ling real property no longer required for highway purposes.

(A) If circumstances alter the highway requirements after the director of transportation has acquired property so

that the real property or part of the real property is no longer required for highway purposes, the director, in the

name of the state, may sell all the right, title, and interest of the state in any of the real property. After

determining that a parcel of real property is no longer required for highway purposes, the director shall have the

parcel appraised by a department prequalified appraiser.

(B) Except as otherwise provided in this section, the director shall advertise the sale of real property that is no

longer required for highway purposes in a newspaper of general circulation in the county in which the real

property is situated for at least two consecutive weeks prior to the date set for the sale. The real property may be

sold at public auction to the highest bidder for not less than two-thirds of its appraised value, but the director

may reject a l l bids that are less than the full appraised value of the real property. However, if no sale has been

effected after an effort to sell under this division, the director may set aside the appraisal, order a new appraisal,

and, except as otherwise provided in this section, readvertise the property for sale.

(C) If real property no longer required for highway purposes is appraised or reappraised as having a current fair

market value of twenty thousand dollars or less, the director may sell the real property to the sole abutting owner

through a private sale at a price not less than the appraised value. If there is more than one abutting owner, the

d irector may invite all of the abutting owners to submit sealed bids and may sell the real property to the highest

bidder at not less than its appraised value.

(D) If real property no longer required for highway purposes is appraised or reappraised as having a fair market

value of five thousand dollars or less, and no sale has been effected after a n effort to sell to the abutting owner or

owners, the director may advertise the sale of the real property in accordance with division (B) of this section.

The director may sell the land at public auction to the highest bidder without regard to its appraised value, but

the director may reject al l bids that are less than the full appraised value of the real property.

(E) The department shall pay al l expenses incurred in the sale of a parcel of real property out of the proceeds of

the sale and shall deposit the balance of the proceeds in the highway fund used to acquire that parcel of real

property.

(F) Upon a determination that real property previously acquired within a highway improvement project corridor no

longer is needed for highway purposes, the director may offer the unneeded property to another landowner

located within that project's corridor as full or partial consideration for other real property to be acquired from the

landowner. If the landowner accepts the offer, the director shall convey the unneeded property directly to the

landowner at the full fair market value determined by the department by appraisal. The director shall credit the

value of the unneeded property against the acquisition price of the property being acquired by the department,

and the landowner shall pay the department the difference if the value of the unneeded property exceeds the

acquisition price of the property being acquired.

(G) Conveyances of real property under this section shall be by a deed executed by the governor, bearing the

great seal of the state, and in the form prescribed by the attorney general. The director shall keep a record of al l

conveyances of real property made under this section. This section applies to all real property acquired by the

department, regardless of how or from whom the property was acquired.

Amended by 128th General Assemblv.ch.127, HB 2, §101 .01, eff. 7/1/2009.

Effective Date: 03-31-2003

http:1/codes .ohio .gov/orc/5501 .34 v 1 1/1

2-1

11/5/2018 Lawriter - ORC � 5501 .45 Conveyance of lands not needed for highway or recreation purposes.

5501.45 Conveyance of lands not needed for highway or recreation

purposes.

(A) The director of transportation may convey or transfer the fee simple estate or any lesser estate or interest in,

or permit the use of, for such period as the director shall determine, any lands owned by the state and acquired

or used for the state highway system or for highways or in connection with highways or as incidental to the

acquisition of land for highways, provided that the director determines, after consulting with the director of

natural resources, that the property or interest conveyed or made subject to a permit to use is not needed by the

state for highway or recreation purposes. Such conveyance, transfer, or permit to use may be to the grantee or

permittee or to the grantee or permittee and the grantee's or its successors and assigns and shall be of such

portion of such lands as the director shall determine, which shall be described in the deed, transfer, or other

instrument or conveyance and in any permit to use, and may include or be l imited to areas or space on, above, or

below the surface, and also may include the grant of easements or other interests in any such lands for use by

the grantee for buildings or structures or for other uses and purposes, and for the support of buildings or

structures constructed or to be constructed on or in the lands or areas or space conveyed or made subject to a

permit to use.

(B) Whenever pursuant to this section separate units of property are created in any lands, each unit shall for all

purposes constitute real property and shall be deemed real estate within the meaning of al l provisions of the

Revised Code, shall be deemed to be a separate parcel for a l l purposes of taxation and assessment of real

property, and no other unit or other part of such lands shall be charged with the payment of such taxes and

assessments.

(C) With respect to any portion of the state highway system not owned in fee simple by the state, the director

may permit the use of any portion thereof in perpetuity or for such period of time as the director shall specify,

including areas or space on, above, or beneath the surface, together with rights for the support of buildings or

structures constructed or to be constructed thereon or therein, provided that the director determines that the

portion made subject to a right to use is not needed by the state for highway purposes.

(D) The director shall require, as either a condition precedent or a condition subsequent to any conveyance,

transfer, or grant or permit to use, that the plans and specifications for all such buildings or structures and the

contemplated use thereof, be approved by the director as not interfering with the use of the state highway system

and not unduly endangering the public. The director may require such indemnity agreements in favor of the

director and the public as shall be lawful and as shall be deemed necessary by the director. The director shall not

unreasonably withhold approval of such plans, specifications, and contemplated use.

(E)

(1) All such conveyances, transfers, grants, or permits to use that are made to state institutions, agencies,

commissions, instrumentalities, political subdivisions, or taxing districts of the state, to institutions receiving

financial assistance from the state, or to the federal government shall be upon such consideration as shall be

determined by the director to be fair and reasonable, without competitive bidding. Conveyances of real property

under this section shall be by deed executed by the director and shall be in the form prescribed by the attorney

general. Sections 5301.13 and 5515.01 of the Revised Code, relating to the sale or use of public lands, shall not

apply to conveyances, grants, transfers, or permits to use made pursuant to this division. An institution receiving

financial assistance from the state shall provide the director with acceptable documentary evidence of the state

loan, grant, or other state financial assistance. The director shall keep a record of al l such conveyances.

(2) As used in this division, "institution receiving financial assistance from the state" includes any public or private

organization, especially one of a charitable, civic, or educational character, in receipt of a state loan, grant, or

other type of state financial assistance.

(F) Except as provided in division (E) of this section, a l l conveyances, grants, or permits to use that are made to

private persons, firms, or corporations shall be conducted in accordance with the procedure set forth in section

5501.311 or 5501.34 of the Revised Code, as applicable.

http://codes.ohio.gov/orc/5501 .45v1 1/2

2-1

11/5/2018 Lawriter - ORC - 5501.45 Conveyance of lands not needed for highway or recreation purposes.

(G) In any case where the director has acquired or acquires, for the state highway system, easements in or permits to use areas or space on, above, or below the surface, the director may extinguish them in whole or in

part or subordinate them to uses by others, provided that the director determines that the easements or permit

to use so extinguished or subordinated are not needed by the state for highway purposes. The director shal l make

any extinguishments to the current underlying fee owner of record at no cost.

(H) No conveyance, transfer, easement, lease, permit, or other instrument executed pursuant to the authorization

given by this section shall prejudice any right, title, or interest in any lands affected thereby which at the date

thereof existed in any person, firm, or corporation, other than the state and other than members of the general

public having no specific rights in said lands, unless the right, title, or interest was expressly subject to the right

of the state to make such conveyance or transfer, grant such right, or execute such instrument, and unless the

state by such instrument expressly exercises such right, nor shall any public util ity be required to move or

relocate any of its facilities that may be located in or on the areas described in any such conveyance, transfer,

easement, lease, permit, or other instrument.

Effective Date: 03-31-2003 .


2-1

RE 74-15 Rev: 00/,2011

.STATE OF omo

DEPARTMENT OF TRANSPORTATION NOTICE OF SALE OF REAL ESTATE

Pursuant to Chapter 5501.34 of the Ohi9 Revised Code, I will offer by public auctiQn the following tracts .of excess land located in Paulding County on Tuesday, :February 27, 2007 at 4:00 p,m. , at the .Paulding County Garage. located at 833 Wayne Street, Paulding, Ohio, doors will open at 3:30 p.m.

Parcels to be offered for sale: 173-ER, Paulding County, Carryall Twp., Sec. 35, 22.964 acres,. appraised @ $26,000, Security beposit of $2,500 Required, does not have road access

For additional. Auction: information, please contact: Ohio Depa,b:ni;nt cif Transportation, District One 1885 North McCullough Street Lima, Ohio 45801 Michelle Miller, Real Estate Administrator (419) 999-6876 Scott Recker, Realty Specialist ( 419) 999-6877

ADDITIONAL TERMS OF SALE: Security deposit must be made iu the form ofa cashier's check or money order at the time of successful bid. Make remittance payable to: "Treasurer, State of Ohio". The security deposit will be applied against the full purchase price ofthe property. The balance of the purchase price is due and payable on delivery of the Governor's Deed. Itis anticipated the Governor's Deed will bl)available for delivery to the Grantee within 70 to 80 days from the date of the sale or as soon thereafter as pQssible.

Under no circumstance may the individual, finn, or corporation who has been declared the successful bidder advertise the property for sale to a third party until the Governor's Deed has been delivered to the Grantee. Violation of this requirement may, atthe option of the Grantor, result in the forfeiture of the deposit money and cancellation of the sale.

The Contract of Purchase executed by the Grantee(s) and agents of the Grantor (State of Ohio) on the date of sale, is not binding upon thll G;an:tor .until said Contract of Purchase has been approved by an official of the Ohio Department of Transportation, in Columbus, Ohio.

The Ohio Department of Transportation: reserves the right to reject any an:d all bids on any tract listed for sale. A NonsCollusion Affidavit, Form RE n-02, must� properly executed by the successful bidder for a bid to be considered valid.

ODOT property is offered for sale in "as is" condition, It shall be the responsibility of each bidder to inspect and examine the size and condition ofeach parcel. The descriptions listed are to be used for identification purposes only and are nono be construed.as a warranty of any kind.

NAME OF ODOT DIRECTOR, DIRECTOR OHIO DEPARTMENT OF TRANSPORTATION

- -·----- -------------- .. --·---······-··----- .. ... . . . ---- ------ ·--·-------2-2

39 Cedar St.

New London, OH 448 5 1

_,. 3 Starting Bid: - 2 $ 1 5 ,000.00

Home: 1 , 056 sq . ft. 1 996 Redman Mi llbrook Mfg.

Lot: Double Lot ( 1 00' x 1 57 ' ) Approx. 0 . 3604 net acres

May 1 6th @ 1 0 : 30 a . m . , Doors open @ 9 :00 a . m . • 1 . 5 Car Detached Frame Garage

• 3 Bedroom, 2 Bath

• Kitchen, Family Room

• New London Local School District

o Annual Real Estate Taxes Approx. $250.00

• Utilities All Shut Off

o Cooling: Central A/C

o Heating: Gas Forced Air

o City Water /Sewer

Sold "as is" no warranties of any kind

All measurements and descriptions are approximations and only meant for i llustrative purposes. All Sellers must make their own reviews and/or inspections prior to bidding.

2-3

39 Cedar St. New London , OH 44851 May 1 6th @ 1 0 : 30 a . m . , Doors open @ 9 : 00 a . m .

Property Sold "As Is" & "Where Is"

Please contact Glenn Stephen for

ID)

Glenn Stephen additional detai ls, including the

Ohio Department of Transportation ODOT Notice of Sale of Real

Telephone: (614) 752-41 98 Estate, which includes all Public

Emai l: [email protected] Auction instructions.

ODOT Makes No Guarantees or Warranties of Any Kind on the Property

2-3

626 W. Waterloo St. Canal Winchester, OH

October 1 0th @ 1 1 : 00a. m . , Doors open @ 1 0:00 a .m .

• Approximately 2,785 S . F. Garage

• Five Bays, one has doors

• Steel framed, wood covered

• 0. 320 Acre of land

• Visible from USR 33, but no access to USR 33

Sold "as is" no warranties of any kind. All measurements and descriptions are approximations and only meant for illustrative purposes. All Sellers must make their own reviews and/or inspections prior to bidding.

Property Sold "As Is" & "Where Is"

Please contact Tyler Prose for -additional details, including the

le)

Tyler Prose Ohio Department of Transportation

ODOT Notice of Sale of Real Estate, which includes all Public

Telephone: (614) 644-0240 Email: [email protected]

Auction instructions.

ODOT Makes No Guarantees or Warranties of Any Kind on the Property

2-3

RE 7.4-31 Rev. 10/2008

STATE OF OHIO DEPARTMENT OF TRANSPORTATION

NOTICE OF SALEBYSEALED BID

Pursuant to Chapter 5501.34 <if the Ohio Revised Code, I will offer by•sealed bid to the abutting owners the following tract of excess land Iocate.d In Ross County, Ohio . Sealed bids can be submitted by completing the includ.ed RE 79-2 fol1)i.

Parcel(s) to be offered for sa)e:

Parcel 13 El, Ross Coun):y, Green Township, Section 10, Auditor's Parcel Number: 140110101000, consisting of 3.291 acres appraised.at $1,155.00 with. bidding starting at $1,155.00. A security deposit of $115;00 is required with bid submittal. This parcel does ncit have road access,

for additional Sale information, please contact: Ohio Department of Transportation,.District Nine 650 Eastern Avenue, P .. O. Box 467 Chillicothe, Ohio 45601 Douglas Pack, Real Estate Administrator, (740-774-9062) Emma Vanmeter, Realty sp·ecJalist (740'774-9074)

· ·

ADDIUONAL TERMS OF SALE: Security depositmusfbe made illthe form of a certified check, official bank check, or money order (personal checlrnr cash is unacceptable) with bid snbmittal. Make remittance payable to: "Treasurer, State Qf Ohio". The securiJ:Y deposit willbe applied against the full purchase price. of the property. Unsuccessfu1 bidders will. receive their deposit back per Rll 79-2 Section 7. The balar\ce of the purchase price is due aJ)d payable 011 delivery of the Governor's Deed. It is anticipated the Governor's·Deed will be available fordel!yery to the successful bidder within 70 to 80 days from the date of the.sale or as soon thereafter as possible.

Under no· circumstance may the individual, firm, or corporation who has been declared the successful bidder advertise the property for sale to a third party until the Governor's Deed has been delivered to the successful bidder. Violation of this requirement may, at the option of the Grantor, resultln the forfeiture of the deposit money and cancellat;ion of the sale.

The successful bidder will be Tequired to sign. a. "Contract at.Purchase;' and "Non-Collusion Affidavit", within 2 business days of the bid opening. These forms will be provided by the Ohio Department of Transportation. The successful bidder not present at the bid opening will be notified by telephone of their hid acceptance. If these .forms �re not signed within 2 business days the Distrl� may disqualify the- successful bidder and· the deposit shall be retained .by ODOT as liquidated damages to cover the cost of resale. of the subject parcel.

The Contract of Purchase executed by the successful bidder and agents of the Grantor (State ofOhio))s not binding upon the Grantoruntil said Contractof Purchase has been approved by an official.of the Ohio Department of Transportation.

The Ohio Department ofTransportation reserves the right to reject a.nY and all bids on any tract listed fpr sale; .A Non-Collusion Affidavit, FO'rm RE 73-02, must be properly executed by the successful bidder when a Contract of Purchase is signed for a bid to be· considered valid.

The Sealed Bid.Form, RE 79-2 and the Notice of Sale by Sealed Bid to Abutter(s), form RE 74-31, shali be incorporated in and made part of the final contract between the State of Ohio and the.successful bidder.

ODbT property is offered for sale in "as ls" condition. It shail be the responsibility of each bidder to inspect and examine the size and condition of each parcel. The descriptions listed are to be used for identification purposes only and are n.ot to be construed as a warranty ofany kind.

JERRY WRAY, DIRECTOR omo DEPARTMENT OF TRANSPORTATION

2-4

RE7g.2:

.Rcv.l0/2008

State of Ohio Department l'.lfTransp!)rtation

Sealed Bid Form Bid Deadline: date and time Bid Opening: date and. time

Parcel(s) Numbers Open for .Bids:, ____________ _ .CRS: ______________ _

Bid Opening Loca.tion: ____________________________________ _ IN ACCORDANCE.WITH THIS SEALED BID FORM I HEREBY AGREE, IF AWARDED THE

PARCEL(S), TO C.OMPLY wiTH THE FOLI,OWING:

1.. The minimum acceptable bid amount is $, ________ __________ _;

2. The required deposit is $, ___________ __________ �

3. Bid must Include the deposit in full made payable by certified check. official bank check, or money orc!er (personal check or casb is unacceptable], payablflo the TREASURER, SfATE OF OHIO, in the exact amount of the required deposit as indicated above.

4. lf there are any questions please contact: ODOT Employee at 614-644-8252.

5. The successful bidder will be reqilired to Sign a "COn�ct of Purcha·se11• �nd �Non-CoIJusion Affblavit'', wjthin 2

business days of the bid opening. These forms will be provided liy the Ohio Department of Transporjation, The sti�cessful bidder I.JOt.present at tJ:ie Qfd ope�ing' will be notified.by te)ephon.e of their bid acceptance. If'these ·forms are not signed within 2 business days the.District may disqualify the successful bidder and the deposit shall lie re!'!!ned by ODOT asJiqui.dated dam�es, to cover the:c.ost:-of resale of the subject parcel.

6. St1bmit this Sealed Bid Form_in a 'SEAl,HD envelope marked on the-outsid·e with the CRS and ParceJ(s) indicated above. Write the words "SEALED '3ID":on the oUtsld_e of this en.velope. Place this envelpp_e inside an9ther envelope· addressed to: Ohio Department of Transportation, Central Office of Real Estate, Property Management Section, Attention: ODOT .Employee.Malls�op 4120,1980 W. Broad St. Columbus, OH 43223, The.location of the bid opening is: 1. The same address used for malling the Sealed Bids.

7: The public may he present at the bid opening at the date; time .and location lndl.cated above. Unsuccessful bidders present at the bid opening can receive their deposit.by signing a "Release of Depositto Bidder Form". The deposit of an unsuccessful bidder not present at the bid openlngwill bemaUed by certljjed mall - return receipt requested to the bidders address lndlcatedbelow within 3 business days.

8. The Sea.led Bid Form, RE 79-2 and the Notice of Sale by S.ealed Bid to AbQtter(s), form RE 74-31, shall be incorporated in and made part of the final contrljctbetween the State ofOhio and the successful bidder.

• 9. The final acceptance of the bid and approval of the -Contract of Purchase is not bind fog upon the.- State bf Ohio until the contract is approved and countersigned by the District Deputy Director of the District the parcel(s) are in.

I, the undei:s'igned, affi'.nning that D I am D J am no�- an employee, an agent or of'ficiaJ.ofthe Ph_io:nepartment o�Transport;arlot:1 ani;I [ am interested In purchasing the above referenced parcel(s) ofland owned bythe Ohlo Department of Transportation, do hereby submit my bid In the sum of · for the parcel(s) which.are described above.

The Director may conductsuch Investigations as he deems necessaty in order to assist in the e,r.,luation ofany bid,

I understand that the bid deposit shall be .retained by the Ohio Deparbnent of Transportation as liquidated damages:and to cover the cost and expenses of resale of the subject property in case of default of the successful bidder� fully complete and CO!llply with the tenns of.this sealed bid,

dayof ________ 20 Dated this

Signature

Type Name __________________ ll-mall.!\ddress.

Address ----------- --------=,---------�---��---City State 21p Code

Home Telephone _______ Work Telephone Cell Phone

2-5

RE 73-02

REV. 03/2013

OHIO DEPARTMENT OF TRANSPORTATION

NON-COLLUSION AFFIDAVIT

(This affidavit must be executed prior to closing for a bid to be considered)

(Name type of sale such as a Structure Sale � then enter the CRS and Parcel Number)

(Street Address of parcel if applicable) (Date of Sale)

l, - ----- - - - -- ---- - - - - --(Name of party signing affidavit) (Title or Individual)

being duly sworn, do depose and say:

That (Insert name oflndividual, Co�Partnership or Corporation)

its agent, officers or employees have not directly or indirectly entered into any agreement, participated in any

collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this

(Name type of sale such as a Structure Sale)

(Signature)

(Namc(s) of party signing affidavit)

(Title or Individual)

has hereunto set hand on the. _ __ day of _ __ ____ _ _

STATE OF OHIO, COUNTY OF _ __ _ __ ss:

SWORN TO AND SUBSCRIBED BEFORE ME THIS - -- day of _ ____ _ _ �

before me the subscriber, a Notaiy Public in and for said state and county, personally

came the above named, who acknowledged the foregoing instrument to be _____ volunta1y act and

deed.

IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal on the

day and year last aforesaid.

NOTARY PUBLIC

My Commission expires:

2-6

RE 74-05 REV, 09/13


PURCHASE CONTRACT FOR PROPERTY SOLD PURSUANT To R.C. 5501.34 and 5501.45

hoOT Aoreement No. Countv: Route:

Pronert., Mana�er for ODOT Section:

Parcel(s):

ODOT Address and Phone Number State Job No.:

PID: Grantee(s) Name and Phone Number

Grantee: Site or P.M.:

Parcel Size: Acres Square Feet "rantee/s) Address

Location of State Owned Pronertv: See Exhibit A

This Agreement, entered into this _ _ _ day of _ _ _ _ ________ _, 20 _ _ , by and between the State of Ohio, by and through its Director of Transportation or said Director's duly authorized representative ["Grantor"] and **Full name of Grantee, and if not an individual, the nature of grantee and its state of organization** ["Grantee"]; and

WHEREAS, in accordance with sections 5501 .34 and 5501 .45 of the Ohio Revised Code, on _______ , 20_, Grantor offered for sale a certain parcel (or parcels) of property more pmticularly described in Exhibit A attached hereto m1d by this reference incorporated herein ["Subject Property"]; and

WHEREAS, the offer of $**Total Purchase Price** submitted by Grantee appears to be the highest bid offered and received;

Now THEREFORE, in consideration of the foregoing and the further consideration of the promises, agreements and covenants hereinafter contained, Grantor and Grantee hereby contract as follows:

1 . Grantee will pay to Grantor the sum of $**Total Purchase Price** ["Total Purchase Price"] payable as follows (a) $** Amount of down payment** ["Down Payment"] at the time this Agreement is executed by the parties; and (b) $**Amount of Balance** ["Balance Due"],

Page I of 4 not including Exhibit A

2-7

RE 74-05 REV. 09/13

which is the remaining balance of the Total Purchase Price, at the time of the consummation and closing of this Agreement. If Grantee fails to pay the Balance Due as provided herein, then the Down Payment will be retained by Grantor as liquidated damages and not as a penalty to cover the costs and expenses of associated with having the Subject Property reappraised and readvertised for a future sale of the Subject Property to someone other than Grantee.

2. Grantee will not under any circumstances advertise, or agree to sell or otherwise alienate the Subject Property, or any portion thereof, to any third party until after the Governor's Deed contemplated by this Agreement has been delivered to Grantee. If Grantee fails to abide with the terms of this section, then, at its exclusive option, Grantor may declare the Down Payment forfeited and cancel the within contemplated sale and conveyance to Grantee.

3. Grantee will assume and pay all taxes, assessments and penalties that might be due and payable on said property as of the date of this Agreement, and Grantee will be exclusively responsible for any and all taxes, assessments and penalties subsequently assessed and accrued.

4. Grantor, upon fulfillment of all the obligations and terms of this Agreement, will convey the Subject Property to the Grantee. The conveyance instrument will be a Governor's Deed that quit-claims all the rights, titles and interests of the State of Ohio except any and all of the oil and gas and their constituents, sulfur, coal, lignite, uranium, and other fissionable material, geothermal energy, base and precious metals, rock, stone, gravel, and any other mineral substances presently in or under the Subject Property; the foregoing reservation of said materials and minerals pertains to the exclusive right to execute any and all oil and gas leases and any other mineral leases or other contractual arrangements whereby the right of exploring, mining, removing and marketing of the hereinabove reserved minerals could be transferred by Grantor to third parties, and tl1e within reservation also pertains to the exclusive right to receive any and all bonuses, royalties, shut-in and/or delayed marketing payments and any otl1er types of rental or lease payments associated with any of the aforementioned leases or other contractual arrangements with third parties; together with the ownership of any future reversionary oil and gas and their constituents, and other mineral rights, in total, upon the expiration of any such lease or other contractual arrangement with third parties; the foregoing reservation does not include a right to enter upon or use the surface of the Subject Property. Said Governor's Deed will be delivered to Grantee at the time of consurrnnation and closing of this Agreement, at which time Grantee will pay to Grantor the Balance Due as described in § I above.

5 . The consummation and closing of this Agreement will occur at such time and place as tl1e parties may agree, but not later than **number of days** days after Grantor notifies Grantee in writing that the Grantor is ready to consummate and close this Agreement; Grantor anticipates fuat Governor's Deed needed to consummate and close this Agreement will available wiiliin 90 days offue date on which this Agreement is executed by the paiiies.

6. Except as may have been otherwise specified in Grantor's notice of sale of the Subject Premises, Grantee will not take possession of the Subject Property until the consummation and closing of this Agreement occurs.

Page 2 of 4 not including Exhibit A

2-7

RE 74-05 REV. 09/13

7. If the Subject Property, or a portion thereof, is damaged or destroyed by fire or other cause between the date on which this Agreement is executed by the parties and the date on which this Agreement is consummated and closed, then at its exclusive option Grantor may:

(a) Elect to proceed with the consummating and closing this Agreement, in which event Grantor will restore the Subject Property to substantially the same condition it was at the time of the execution of this Agreement; or

(b) Elect to rescind this Agreement, in which event the parties will be released from all duties, obligations and liabilities created by this Agreement and the Down Payment will be refunded to Grantee.

8 . Grantor is conveying the Subject Property in an AS-IS, WHERE-IS condition, WITH ALL FAULTS, including all defects, known or unknown; provided, however Grantor (without a duty to inspect and discover) shall disclose to Grantee any and all defects or faults known to Grantor. Both Gran tor and Grantee are acting at arm's length to protect their own interests, and Grantee has and will use its own independent judgment concerning the sale and purchase of the Subject Prope1ty. Grantor does not make to Grantee, and Grantor expressly disclaims, any representations, waITanties and/or guarantees, express or implied, oral or written, of any kind whatsoever as to the Subject Property, including but not limited to any warranties of title.

9. Grantee assumes all environmental liability and responsibility with respect to the land and its improvements and further agrees to indemnify and hold harmless the State of Ohio and its Department of Transportation, employees, agents, contractors and officials against any and all daniages, claims, liability, loss, fines, or expenses, including, but not limited to, attorney's fees and litigation costs, related to the discovery, presence, disposal, release or clean-up of contaminants, hazardous materials, or wastes affecting the Subject Property, or the soil, water, vegetation, buildings or personal property located thereon, whether known or unknown, as well as any personal injury or property damage related to such contaminants, hazardous materials or other pollutants. The foregoing indemnity agreement will survive the consummation and closing of this Agreement.

10 . This Agreement will be a valid and binding contract for sale and purchase of the Subject Property at such time as it is fully executed by both Grantor and Grantee.

1 1 . Any and all of the terms, conditions and provisions of this Agreement shall be binding upon and shall inure to the benefit of Seller and Purchaser and their respective heirs, executors, administrators, successors and assigns.

12 . This Agreement will be executed in two or more counterparts, each of which will be deemed an original, but all of which together shall constitute but one and the same instrument.

1 3 . This instrument contains the entire agreement between the parties, and it is expressly understood and agreed that no promises, provisions, terms, warranties, conditions or obligations whatsoever, express or implied, other than herein set forth, shall be binding upon either Granter or Grantee.


2-7

RE 74-05 REV. 09/1 3

14. No amendment or modification of this Agreement shall be valid or binding upon the Parties unless it is made in writing, cites this Agreement and is signed by Grantor and Grantee.

IN WITNESS WHEREOF, the parties hereto, namely the State of Ohio, Department of Transportation and **Full name of Grantee** have executed this Agreement on the date(s) indicated immediately below their respective signatures.

**FULL NAME OF GRANTEE** **identify natnre of grantee and its state of organization**

By: **Signers Name and Office** Date: _ _ _ _ _ _ _ _ __ , 20 _ _

**NAME OF INDIVIDUAL GRANTEE; if more than one, repeat signature and date lines as needed)**

Date: _ _ _ _ _ _ _ _ _ ., 20 _ _


**NAME OF DIRECTOR**, Director By: **Name of Director's Representative**

**Office of Director's Representative** Date: _ _ _ _ _ _ _ __ ,, 20 _ _


2-7

RE74-I0 R�v. 03-20QS

CHRONOLOGY OF EVENTS

WHEREAS, in connection with the constructiol1 ofl!\terstate Route 670 (FRA-670-1 .25 (B-2 & B-3), the State ofQhio through the Ohio Department ofTransportation acqt1ircd highway light of way in the City of Columbus, Franklin County, Ohio:

GRANTOR PARCEL NO. VOLUME PAGE Miclmcl Radtke. 1 03E 1496 D12 �o(umbus &. Southem Ohio Blee. Co. Part of I 06WL l669 846-847 Ohio Prope11ies Inc,. Pati of l08WL ,324 198

As rccprded ii1 t]1c Recorder's Office of Franklin County, Ohio, and:

VI/HEREAS, the above captioned highway project has been constructed, and:

WHEREAS, the State of Ohio through the Ohio Department of Transportation hereby :finds that Parcel Nos. 103E, patt of 106WL & part of 108WL, are no longer needed for 11ighway purposes, and l;an be disposed of without .affecting the integrity of said highway system, and iitleto the parcel can be tra�ferred pw·sunnt to the statutory provisions of Chapter 5501 R,C., and:

WHEI!.EAS, in accordance with Rlatutory provisions of Section 5501.34 R,C., a Notice of Sale of Real Estate was advcl'lised in the Columbus Pispalch oil August I 0, 2016 and August 17,,2016.

WHEREAS, Parcel Nos. 103E, part ofl 06WL & part of I 08WL were duly a1>praised and offered through a public auction for the consideration of Twenty Eight Thousaiid Dollars and No Cents ($28,000.00), said amount being the minimum acceptable bid as established by the Sta.le of Ohio , and;

WHEREAS, the aforementioned public anciion has been conducted in accordance with the stntuto1yprovisions of Scctfon 5501 .34 R.C., and a Govemor's Deed should be ex1:e11tecl by the State of Ohio conveying Pnrccll'fos. f03E, pati of I 06WL & part of I 08WL to White Castle Management, Co., for the considet'ation of Twenty Eight Thousand Dollars and No Cents ($28,000.00); said parcel being further described as follows;

Situated in the State of Ohio, County of Franklin, and being part of Section 7 & ll, Town 5N, Range 22W mid being more fully described as follows:

Sec Exhibit II A"

2-8

RE 74-40 Rev. 04/2017

(Letterhead)

Click here to enter a date.

David Yost Ohio of Auditor of State 88 East Broad Street, 5th Floor Columbus, Ohio 4321 5 Phone: 800-282-0370

RE: Project: *COUNTY* *ROUTE-SECTION* Parcel: *Parcel Number(s)* Approval for Request of Governor's Deed

Dear David Yost:

As the result of a Choose an item., the above parcel is to be sold to the Choose ,,, an item., *Mr. and Mrs. XXX*. I hereby request that the Auditor of State prepare a Governor's Deed in accordance with ORC 5301 . 13 and submit such deed to the Governor for his signature.

This land was purchased in *COUNTY* when the *ROUTE-SECTION* Highway was constrncted. Parcel *Parcel Number(s)* is an excess land parcel.

Enclosed are the following items supporting the sale of *Parcel Number(s)*

1 . A copy of the instrnment by which the State of Ohio acquired said property.

2. A plat and legal description of the parcel that is being sold.

3. A copy of the appraisal of said parcel.

4. A copy of a Miscellaneous Receipts RE 24-1 form showing the receipt of the security deposit of

5. A Chronology of Events concerning this sale.

6. A Mineral Rights Reservation Clause that should be inserted immediately after the legal description.

+c An electronic copy of Documents 1-4 and a Word file for copying and pasting of document 5 and 6 are being e-mailed to your staff.

If you have any questions, please contact (Insert DREA name and phone number here).

2-9

Respectfully,

Jerry Wray Director Ohio Department of Transportation

By:

District Deputy Director Excess Lands File

Enclosures

2-9

Case Study 2.1 - Excess Land Sale & Multiple Abutters

Your District has the property identified as Parcel 71 E below. This same (1/4 size) plan

sheet has been provided with this case study.

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The property has been through all in-house reviews, including environmental clearance,

and has been approved for sale.

ODNR was consulted and the excess land parcel did not meet their needs for recreation

or trail purposes.

Federal Highway was consulted, and they have approved of the parcel's disposal.

No Local Public Agencies have a desire to acquire the property.

FACTS: • You have had the property appraised, and its full fair market value is $16,000.00 • The cost to prepare the appraisal was $2,000.00

• The estimated cost to run a legal advertisement for auction is $1,500.00


CASE STUDY QUESTIONS:

1. Work in your group and determine what your options are for disposing of this property.

Answer:

2 . Once you have identified your options, list the steps in the process(es) you would follow in disposing of this property.

Answer:


Module 2 Quiz

1 . True or False: If a parcel is being sold to the public, those parcels valued over $20,000.00 must be sold at public auction.

2. True or False: Parcels valued at $20,000.00 or less may be auctioned or may be sold to the sole abutting owner through a direct sale at a price not less than its appraised value.

3. Parcels valued at $5,000.00 or less may be sold at a public auction to the highest bidder, regardless of appraised value (an "absolute auction"). However, you can only use this provision if:

a. You offered the property to the Local Public Authority and they did not want it

b. You offered the property to ODNR for recreational purposes without a reversionary clause

c. You offered the property to Habitat for Humanity at full Fair Market Value and they did not want it

d . You have first tried to sell the excess land to the abutting owners through a sealed bid and there were no offers

e. All of the above

4. True or False: Excess Land sales to the public will be completed using a Director's Deed and a Non-Collusion Affidavit.

5. When disposing of parcels by public auction, the District prepares a Notice of Sale of Real Estate, Form RE 74-15, and has it advertised _______ _ in a newspaper of general circulation in the county where the excess land is located:

a. Twice a week for one (1) month b. Once every other week for (1) month c. Once a week for two (2) consecutive weeks d. Twice a week for (2) consecutive weeks

6. What is a great source for obtaining local real estate broker's names and addresses for mailing out your excess lands marketing materials?

a. Ohio Department of Administrative Services, Real Estate Division b. Ohio Department of Commerce, Real Estate Division c. Ohio Department of Transportation, Office of Real Estate d . Ohio Department of Natural Resources, Office of Real Estate


7. Marketing Brochures or Flyers prepared for ODOT Excess Land disposals should

contain which of the following?

a. A statement that all descriptions and measurement are an approximation,

and all bidders must make their own inspections

b. The property is being sold "as-is" and "where is"

c. ODOT makes no warranties or guarantees of any kind

d. All of the above

8. True or False: Governor's Deeds are a form of Warranty Deed.

9. Prior to the auction, the District representative is required to read aloud the ___ offering the excess land for sale.

10. True or False: The highest and best bid received at the time and place of auction is normally accepted, however, the Director has the right to accept or reject any and all bids that are less than full fair market value.

1 1 . The DREA should consult with whom before an auction to determine the minimum acceptable bid? (And it is recommended that this authority be obtained in writing and retained in the Disposal file.) :

a. Central Office Property Management Section Manager b. District Capital Program Administrator c. Administrator, Office of Real Estate d. District Deputy Director

12. When conducting a Sealed Bid to Abutting Owners, the District will send the following forms to all abutting owners by certified mail, return receipt requested:

a. RE 74-31 Notice of Sale by Sealed Bid b. RE 73-02 Non-Collusion Affidavit c. RE 74-05 Contract of Purchase d. RE 79-2 Sealed Bid Form e. Both a. and d. f. All of the above

1 3 . True or False: Districts should open each sealed bid as it comes in and keep track via a Sealed Bid Log, Form RE 74-69.

14. True or False: The successful bidder at a public auction or through a sealed bid must execute both the Form RE 73-02 Non-Collusion Affidavit and Form RE 74-05 Contract of Purchase.

15 . Once the Contract of Purchase is executed, the District prepares the __ _ ___ , Form RE 74-10, outlining the results of the sale, naming the

successful bidder and the amount of their bid.


16. Governor's Deeds are prepared by the Auditor of State's Office and reviewed as to form by the Attorney General's Office, and then signed by:

a. Ohio's Governor b. Ohio's Secretary of State c. Ohio's State Auditor d. All of the above

17. Using the Closing Statement, Form RE 74-04, District secures the balance due payment in full by ___ ___ ___ ___ or __ _


RE 74-0SG Rev. 03-23-201 8

STATE OF OHIO

OHIO DEPARTMENT OF TRANSPORTATION PURCHASE CONTRACT FOR PROPERTY CONVEYED PURSUANT TO R.C. 5501.45 (E

... Pro e1 Manaoer for ODOT

DOT Address and Phone Number

Grantee s Address

Location of State Owned Pro ert : See Exhibit A

aunty:

Route:

Section:

Parcel(s):

State Job No.:

PID: rantee: Site or P.M.

Parcel Size: Acres Square Feet

This Agreement, entered into this _ __ day of ___ _ _ __ _____ _ , 20 __ , by and between the State of Ohio, by and through its Director of Transportation or said Director's duly authorized representative ["Grantor"] and **Full name of Grantee ** ["Grantee"]; and

WHEREAS, in accordance with section 5501.45 of the Ohio Revised Code, Grantor and Grantee have agreed that it is in the mutual best interests of the parties for Grantor to convey to Grantee the certain parcel ( or parcels) of property more particularly described in Exhibit A attached hereto and by this reference incorporated herein ["Subject Property"]; and

WHEREAS, Grantor has determined that Grantee is an entity described in section 5501.45(E) of the Ohio Revised Code and is therefore eligible to have the Subject Property conveyed to it upon such consideration as shall be determined by Grantor to be fair and reasonable, without competitive bidding; and

WHEREAS, Grantor and Grantee have agreed that $** is a fair and reasonable amount of consideration to be paid for the conveyance of the Subject Property to Grantee.

Now THEREFORE, in consideration of the foregoing and the further consideration of the promises, agreements and covenants hereinafter contained, Grantor and Grantee hereby contract as follows:

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1 . Grantee will pay to Grantor the sum of$** at the time of the consummation and closing of this Agreement.

2 . Grantee will not under any circumstances advertise, or agree to sell or otherwise alienate the Subject Property, or any portion thereof, to any third party until after the Director's Deed contemplated by this Agreement has been delivered to Grantee. If Grantee fails to abide with the terms of this section, then, at its exclusive option, Grantor may declare the Down Payment forfeited and cancel the within contemplated sale and conveyance to Grantee.

3 . Grantee will assume and pay all taxes, assessments and penalties that might be due and payable on said prope1ty as of the date of this Agreement, and Grantee will be exclusively responsible for any and all taxes, assessments and penalties subsequently assessed and accrued.

4. Grantor, upon fulfillment of all the obligations and terms of this Agreement, will convey the Subject Property to the Grantee. The conveyance instrument will be a Director's Deed (as provided for in section 5501 .45(E) of the Ohio Revised Code) that quit-claims all the rights, titles and interests of the State of Ohio except any and all of the oil and gas and their constituents, sulfur, coal, lignite, uranium, and other fissionable material, geothermal energy, base and precious metals, rock, stone, gravel, and any other mineral substances presently in or under the Subject Property; the foregoing reservation of said materials and minerals pertains to the exclusive right to execute any and all oil and gas leases and any other mineral leases or other contractual arrangements whereby the right of exploring, mining, removing and marketing of the hereinabove reserved minerals could be transferred by Grantor to third parties, and the within reservation also pertains to the exclusive right to receive any and all bonuses, royalties, shut-in and/or delayed marketing payments and any other types of rental or lease payments associated with any of the aforementioned leases or other contractual arrangements with third parties; together with the ownership of any future reversionary oil and gas and their constituents, and other mineral rights, in total, upon the expiration of any such lease or other contractual arrangement with third parties; the foregoing reservation does not include a right to enter upon or use the surface of the Subject Property. Said Director's Deed will be delivered to Grantee at the time of consummation and closing of this Agreement.

5. CONTINUED PUBLIC USE If Grantee should ever fail to use the Premises for a public purpose, then and in that event

Grantee shall be divested forthwith of all of the Premises conveyed by these presents, and thereupon all of the rights, titles and interests conferred upon and vested in Grantee by this conveyance shall revert immediately to the State of Ohio and its successors and assigns for the use and benefit of the Department of Transportation.

6. NONDISCRIMINATION **Full name of Grantee ** for itself and its successors in interest and assigns, as a part of

the consideration being transferred to Grantor for the herein contemplated conveyance of the Subject Property, does hereby covenant and agree that:

(a) No person on the grounds of race, color, national origin, sex, age, disability, lowincome status or limited English proficiency shall be excluded from participation

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in, be denied the benefits of, or be otherwise subjected to discrimination in the use of the above described property.

(b) In the construction of any improvements on, over, or under the above described property and the furnishing of services thereon, no person on the grounds of race, color, national origin, sex, age, disability, low-income status or limited English proficiency shall be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination.

( c) The above described property shall be used in a manner that at all times is in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. DOT, Subtitle A, Office of the Secretary, Part 2 1 , Nondiscrimination in Federally-assisted programs of the U.S. DOT - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.

( d) In the event that this insh·ument grants a lease, license, or permit and any of the above nondiscrimination covenants is breached, then the State of Ohio, Department of Transportation, shall have tl1e unfettered right to terminate the lease, license or permit and to re-enter and repossess the above-described property and hold the same as if said lease, license or permit had never been made or issued.

( e) In the event that this instrument grants a fee or easement interest and any of the above nondiscrimination covenants is breached, the State of Ohio, Department of Transportation, shall have the unfettered right to re-enter the above described property, and said property will thereupon revert to and vest in and become the absolute property of the State of Ohio and its successors and assigns for the use and benefit of the Department of Transportation.

(f) In the event that this instrument grants a lease, fee or easement interest, all of the foregoing nondiscrimination covenants shall be and are covenants running with the land.

7. The consummation and closing of this Agreement will occur at such time and place as the parties may agree, but not later than ??Number of Days?? days after Grantor notifies Grantee in writing that the Grantor is ready to consummate and close this Agreement.

8. Grantee will take possession of the Subject Property ** at the time the consummation and closing of this Agreement occurs** or **on _ _ _ _ _ __ ______ , 20 __ ** 9. If the Subject Property, or a portion thereof, is damaged or destroyed by fire or other cause between the date on which this Agreement is executed by the pmties and the date on which this Agreement is consummated and closed, tl1en at its exclusive option Grantor may:

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( a) Elect to proceed with the consummating and closing this Agreement, in which event Grantor will restore the Subject Property to substantially the same condition it was at the time of the execution of this Agreement; or

(b) Elect to rescind this Agreement, in which event the parties will be released from all duties, obligations and liabilities created by this Agreement and the Down Payment will be refunded to Grantee.

1 0. Grantor is conveying the Snbject Property in an AS-IS, WHERE-IS condition, WITH ALL FAULTS, including all defects, known or nnknown; provided, however Grantor (without a duty to inspect and discover) shall disclose to Grantee any and all defects or faults known to Grantor. Both Grantor and Grantee are acting at arm's length to protect their own interests, and Grantee has and will use its own independent judgment concerning the sale and purchase of the Subject Property. Grantor does not make to Grantee, and Grantor expressly disclaims, any representations, warranties and/or guarantees, express or implied, oral or written, of any kind whatsoever as to the Subject Property, including but not limited to any warranties of title.

1 1 . Grantee assumes all environmental liability and responsibility with respect to the land and its improvements and further agrees to indemnify and hold harmless the State of Ohio and its Department of Transportation, employees, agents, contractors and officials against any and all damages, claims, liability, loss, fines, or expenses, including, but not limited to, attorney's fees and litigation costs, related to the discovery, presence, disposal, release or clean-up of contaminants, hazardous materials, or wastes affecting the Subject Property, or the soil, water, vegetation, buildings or personal property located thereon, whether known or unknown, as well as any personal injury or property damage related to such contaminants, hazardous materials or other pollutants. The foregoing indemnity agreement will survive the consummation and closing of this Agreement.

1 2. This Agreement will be a valid and binding contract for sale and purchase of the Subject Property at such time as it is fully executed by both Grantor and Grantee.

13. Any and all of the terms, conditions and provisions of this Agreement shall be binding upon and shall inure to the benefit of Seller and Purchaser and their respective heirs, executors, administrators, successors and assigns.

1 4. This Agreement will be executed in two or more counterparts, each of which will be deemed an original, bnt all of which together shall constitute but one and the same instrument.

1 5. This instrument contains the entire agreement between the parties, and it is expressly understood and agreed that no promises, provisions, terms, waITanties, conditions or obligations whatsoever, express or implied, other than herein set forth, shall be binding upon either Grantor or Grantee.

1 6. No amendment or modification of this Agreement shall be valid or binding upon the Parties unless it is made in writing, cites this Agreement and is signed by Grantor and Grantee.

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IN WITNESS WHEREOF, the parties hereto, namely the State of Ohio, Department of Transpmtation and **Full name of Grantee ** have executed this Agreement on the date(s) indicated immediately below their respective signatures.

By: Date:

**FULL NAME OF GRANTEE **

**Signer's Name and Office**

_ _ _ _ _ _ _ _ __ , 20 _ _


**NAME OF DIRECTOR** , Director By: * *Name of Director's Representative**

**Office of Director's Representative** Date:

__ _ _ __ ___ _, 20

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ODOT RE 74-08 Rev. 5/201 8

71Btrector' s 7J;Beeb STATE OF OHIO

DEPARTMENT OF TRANSPORTATION

KNOW ALL MEN BY THESE PRESENTS THAT:

WHEREAS, in connection with the maintenance and construction of the state highway system within ?Name of Political Entity?, Ohio, the State of Ohio, Department of Transportation, acquired via a ?Type oflnstrument? the fee title of the following parcel(s):

GRANTOR ?Name ofGrantor(s)?

PARCEL NO. ?Parcel Number(s)? ?CTY-RTE-SEC?

VOLUME PAGE ?Correct Deed Reference? ?Per County Practice?

WHEREAS, the Director of Transportation, after consulting with the Director ofNatural Resources, has determined that the property described in Exhibit A ["Premises"] is not needed by the State of Ohio for highway or recreation purposes; and

WHEREAS, the Director of Transportation, State of Ohio, has dete1mined that ?Name of Grantee? is a ?Type of entity? eligible under R.C. 5501 .45? and therefore eligible under Section 5501 .45 of the Ohio Revised Code to have the Premises conveyed to it upon such consideration as may be determined by the Director of Transportation to be fair and reasonable without competitive bidding; and

WHEREAS, the Director of Transportation has entered into a certain contract with ?Name of Grantee? for the sale and purchase of the Premises; and

WHEREAS, the Director of Transportation has determined that ?Name of Grantee? has fulfilled its obligations under the above mentioned contract for the sale and purchase of the Premises; and

Page I of 4 Excluding Exhibits

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Now THEREFORE, the State of Ohio, by ?Name of Director?, Director of Transportation, pursuant to the provisions of Section 5501 .45 the Ohio Revised Code, for the consideration specified in the above mentioned contract for the sale and purchase of the Premises and the agreements and exceptions and/or reservations contained herein, the receipt of which is hereby acknowledged, does hereby release and forever Quitclaim unto ?Name of Grantee?, its successors and assigns forever, the Grantee herein, all of the rights, titles and interests the State of Ohio may have in and over the Premises more particularly described in Exhibit A attached hereto.

PROVIDED, HOWEVER, Grantor hereby reserves unto itself, its successors and assigns, any and all of the oil and gas and their constituents, sulfur, coal, lignite, uranium, and other fissionable mate1ial, geothermal energy, base and precious metals, rock, stone, gravel, and any other mineral substances presently in or under the premises described in Exhibit A. The within reservation of the aforesaid materials and minerals pertains to the exclusive right to execute any and all oil and gas leases and any other mineral leases or other contractual arrangements whereby the right of exploring, mining, removing and marketing of the hereinabove reserved minerals could be transferred by Grantor to third parties, and the within reservation also pertains to the exclusive right to receive any and all bonuses, royalties, shut-in and/or delayed marketing payments and any other types of rental or lease payments associated with any of the aforementioned leases or other contractual arrangements with third parties; together with the ownership of any future reversionary oil and gas and their constituents, and other mineral rights, in total, upon the expiration of any such lease or other contractual arrangement with third parties. The foregoing reservation does not include a right to enter upon or use the surface of the premises described in Exhibit A.

IT IS PROVIDED FURTHER THAT the within grant and conveyance to the above named Grantee is specifically conditioned upon and subject to the following rights ofreversion hereby reserved by Grantor:

A. CONTINUED PUBLIC USE

If Grantee should ever fail to use the Premises for a public purpose, then and in that event Grantee shall be divested forthwith of all of the Premises conveyed by these presents, and thereupon all of the rights, titles and interests conferred upon and vested in Grantee by this conveyance shall revert immediately to the State of Ohio and its successors and assigns for the use and benefit of the Department of Transportation.

B. NON-DISCRIMINATION

By accepting the within conveyance, Grantee for itself, its personal representatives, successors in interest, and assigns, as part of the consideration hereof does hereby covenant and agree that:

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(1 ) No person on the grounds ofrace, color, national origin, sex, age, disability, lowincome status or limited English proficiency shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of the above described property.

(2) In the construction of any improvements on, over, or under the above described property and the furnishing of services thereon, no person on the grounds of race, color, national origin, sex, age, disability, low-income status or limited English proficiency shall be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination.

(3) The above described property shall be used in a manner that at all times is in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. DOT, Subtitle A, Office of the Secretary, Paii 2 1 , Nondiscrimination in Federally-assisted prograins of the U.S. DOT - Effectuation of Title VI of the Civil Rights Act of 1 964, and as said Regulations may be ainended.

( 4) In the event that any of the above nondiscrimination covenants is breached, the State of Ohio, Department of Transportation, shall have the unfettered right to reenter the above described property, and said property will thereupon revert to and vest in and become the absolute property of the State of Ohio and its successors and assigns for the use and benefit of the Department of Transportation.

( 5) All of the foregoing nondiscrimination covenants shall be ai1d are covenants running with the land.

IN TESTIMONY WHEREOF, I, ?Name of Director's Designee?, the duly authorized representative of ?Name of Director?, Director of Transportation, pursuant to the provisions of Section 5501.45 of the Ohio Revised Code, for and in the naine of the State of Ohio, have signed this instrument at ?City?, Ohio, on this the ___ day of _ _ _ ______ , 20_


?NAME OF DIRECTOR?, Director By: ?Name of Director's Designee?

Page ) of4 Excluding Exhibits

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STATE OF Omo, COUNTY OF _______ __ _ _ ss:

BE IT REMEMBERED, that on this the _ __ day of _ __ _ _ _ __ , 20_ , before me the subscriber, a Notary Public in and for said state and county, personally came the above named ?Name of Director's Designee?, the duly authorized representative of?Name of Director?, Director of Transportation, who acknowledged the foregoing instrument to be the voluntary act and deed of the State of Ohio, Department of Transportation.

IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year last aforesaid.

NOTARY PUBLIC My Commission expires: _ _ _ _ _ _

This document was prepared by or for the State of Ohio, Department of Transportation, on forms approved by the Attorney General of Ohio.

Page 4 of 4 Excluding Exhibits

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3-3

Module 3 Governmental Transfers Quiz

1 . R.C. 5501.45(E)(1) allows the Director to transfer real estate by Directors Deed to state institutions, agencies, commissions, instrumentalities, political subdivisions, taxing districts, institutions receiving financial assistance from the state, or the federal government upon such consideration as shall be determined by the Director to be:

a. Eligible for tax exempt status b. Commensurate with the Locals' project match contributions c. Fair and reasonable, without competitive bidding d. Ten dollars and other good and valuable considerations

2 . True or False: R.C. 5501.45(E)(2) defines an institution receiving financial assistance from the state to include any public or private organization, especially one of a charitable, civic, or educational character, in receipt of a state loan, grant, or other type of state financial assistance.

3. In addition to all the usual Property Disposal approvals, all Disposals to an LPA for less than full Fair Market Value (FMV) may require:

a. ODOT Director approval b. Central Office Property Management Section Approval c. Federal Highway Administration Approval d. A & C e. All the above

4. True or False: 23 CFR part 710.409(d) states, "Where the transfer of excess property to other agencies at less than fair market value for continued public use is clearly justified as in the public interest and approved by FHWA under §710.403(e), the deed need not provide for reversion of the property for failure to continue public ownership and use."

5. Fill in the blanks: If it is the intent of the acquiring entity to subsequently sell or otherwise convey all or a portion of the property, then a transfer for ___ _ ____ ____ ____ is not appropriate. Instead, those conveyances should be conducted at ----

6. All Transfers to other governmental entities will be conveyed via an: a. Easement b. Permit c. License d. Director's Deed e. Governor's Deed


7. True or False: Once the determination is made to cease operating a Roadside Park, the District office will either transfer the park to another agency or close the park and dispose of the property interests. The District must investigate whether the instrument (typically easement) through which the Department acquired the property provides authority to transfer the property to another government agency.


NO TRA"'.',FER NECESSARY --1-/.L�� . -ct:.GJ.=:i:?.�.Vl c;-c._ __ -�-

.,_0.;11,,,

WASH!NGTO<✓ CCiUNiY AUDITOR

ODOT RE 74-42 Rev. 0S/201 1

21) 1211(11)1)1)2:11 f i l ed for Rt1,:ord i n WASHINGTON COUNT"(, OHIO T�ACEY WRIGHT, R� tORDER l)J · Jf-20 1 '.? ,it l)J : 1)8 P l.' , DEED 68 . 00 Of? VolrJ.ll'J .'i2(1 P11�n ::::01�; 3' 1

Director's Deed To Vacate Hwy to Owner

DIRECTOR'S DEED Vacation Of Highway Pursuant To R.C. 55 1 1 .07

KNOW ALL MEN By THESE PRESENTS, THAT: the State of Ohio, Department of Transportation, does hereby forever release, relinquish, discharge and quit claim to Ronald L. and Elizabeth J. Mitchell all of its rights, title and interests in the following described property:

PARCEL(S): 85-V AC WAS-77-2.46

SEE EXHIBIT A ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF The rights, titles and interests being released were acquired by virtue of the Washington

County Commissioner's Journal of record at Page 386, dated March 1920 at , Washington County, Ohio, Recorder's Office,

Pursuant to R.C. 551 1 .07, notwithstanding any other provisions of this instrument, no public utility shall be required to move or relocate any of its facilities that may be located in or on the above described property and any such public utility shall have the right to continue its use or occupation of the same.

REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY

Page 1 of2 not including Exhibit A

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Ins trunent Va l uM f'ag,:, 2i:, 12i:u)ono.n1 0_ r, """ " .. •.dt 3t)6

IN WITNESS WHEREOF, the State of Ohio, Department of Transportation has caused this instrument to be executed by its duly authorized representative on /1/Z '1/11


JEJY •;�y�:;? � By: T. Steve Williams

District 10 Deputy Director

STATE OF OHIO, COUNTY OF Washington ss: BE IT REMEMBERED, that on the �day of N,wm� 2-PJ (

before me the subscriber, a Notary Public in and for said state and county, personally came the above named T. Steve Williams, the duly authorized representative of the State of Ohio, Department of Transportation, who acknowledged signing the foregoing instrument as the voluntary act and deed of the State of Ohio, Department of Transportation.


SARA B. PEPPER NOTARY PUBLIC STATE OF OHtO

Recorded In Athena County

My Coffin. Exp. 1/3115

\,� K,;;f?.,r

-NOTARY PUBLIC )

I My Commission expires: f 8 /5

This instrument was prepared by or on behalf of the State of Ohio, Department of Transportation, on forms approved by the Attorney General

Page 2 of2 not Including Exhibit A

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InstruMent Vol11•e Paae 20i20000Q221 OR 520 307

VACATION OF HIGHWAY EASEMENT Parcel Two (85-VAC)

It ls the intent of this docutnelit to relinquish to the owner of the underlying fee .interest, any rights-ofaway or easements The State of Ohio or the Ohio Department ofTransportati9n may hold by virtue ofsup�ded right-of-way plans for .State Route 821 on file in Ohio Depiu:tment of Transportation District 10 headquarters, Marietta, Ohio.

Stations and offsets are related to the centerline of current right-of-way of State Route 821, Shown on the Centerline Survey Plat of Interstate Route 77, Section 2.46. Existing right-ofway was determined using the construction plan for the Marietta-Caldwell Road on file in the Ohio Department of Transportation District lO headquarters, Marietta, Qhio.

Being a parcel ofland lying on the left side.of State R9ute 821, and situated.in 100.Acre Lot 22, New Year's Creek Allotment, Donation Lands, Muskingum Township, Washington County, Ohio.

BEGINNING at a point 92. n feet left of Centerline Station 105+56.82;

Thence in a Westerly direction to a point 128.26 feetleft of Centerline Station 105+69.18;

Thence in a Northwesterly direction to a point 133.30 feet left of centerline Station 105+83A2;

Thence Northwesterly a distance of224.22 feet along a non-tartg.:ntial curve to the righthaving aradiUs of:316.14 feefand a c.:ntral angle of 40° 38' 1 1", the long chord of which hears North 16° 05' 281' West2l9.55 feetto a point, 137.36 feet left ofC.:nterline Station 107+88.50;

Thence in a Northerly direction to a point 90.88 feet left.of centerline Station 109+81.79;

Thence in a Easterly direction to a point 61.13. feet left of Centerline Station 109+ 77 .92;

Thence in I! Southerly direction to a point108.47 feetleft of Centerline Station 107+80.55;

Thence Southerly a distance of202.74 feet along l! nort-tangootial curve to the left havinga radius of286.48 feet and a central angle of40° 32' 55", the long chord ofwhfoh hears South 16° .03' 08" East 198.54 feet to a point, 104:88 feet left of Centerline S.tatlon 105+92.46;

Thence in a·Southeasterly direction to a point 92.73 feet left of Centerline Station 105+56.82 THE TRUE POINT OF BEGINNING;

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Subject to all legal easements and rights of way.

fnstruaent Vo lu111e F'(19e 201200000221 OR '520 30F

The above described tract contains 0.307 acres, which is contained in Auditor's Parcel Numbers 260042041000 and 260042040000.

This description was made by the Ohio Department of Transportation under the direction and supervision of Gregory K. Wright Registered Surveyor No. S-6335

Gregory K. Wright Registered Surveyor S-6535 Ohio Deparbnent of Transportation District 10

2

�# Date II/ 7/IJ ..

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RE74•11 J{ev. 2/20 II

STATE OF OillO DEPARTMENT OF TRANSPORTATION

NOTICE OF VACATION OF RIGHT OF WAY

Notice is hereby given that pursuant to the provisions contained in Section 5511.07 of the Ohfo Revised Code, the Director of Transportation has detennined .and declared.his intention: to vacate a portion of right of way of State Route 821, Section 2.40, Muskingum Township, Washington County, Ohio, and declared that said portion is no longer needed for public highway right ofway pUipOses, said portion being further described 8ll follows:

STATE.PARCEL NO. 57-VAC, S8-VAC and 85-VAC

DESCRIPTION

Situated in the State of Ohio, County of Washington, Township of Muskingum and being located at.State Route 821, 100 acre lot 22, New Years Creek Allotment, Milrletta, Ohio.

For a complete legal description of the parcel to be· vacated, interested parties slwuld make a request to Sara Pepper, District 10 Real Estate Administrator, 338 Muskingum Drive, Marietta, Ohio,.45750, 740,568�3931.

This Notice shall be published once a week for two consecutive weeks in a newspaper of general circulation in Washington County, Ohio, 8ll req,uired by law.

A true and correct copy of this Notice swill be served by registered first cl8lls mail, return receipt requested, upon e11Ch owner or owners of property abutting on.the portion of the highway right of way to be vacated.

AU owners of property abutting said highwayright of way to be vacated s�I take due notice of the contents hereof, and shall file their claim for damages and or compensation, arising by reason of said vacation.

Such claims shall be filed in duplicate on: or before. 12:00 Noon, Eastern Standard Time, on the 7th day of October, 2011 with Mr. Steve Williams, District 10 Deputy Director, 338 Muskingum Drive, Marietta, Ohio, 45750, 740-373-0212, and.failure to file any claims shall be a waiver there of, as provided under SllC!ioil 5511.07 of the Ohio Revised Code.

Steve Williams, Director Ohio Department of Transportation

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RIGHT-OF-WAY VACATION 100 ACRE LOT 22, NEW YEAR'S CREEK ALLOTMENT

DONATION LANDS, MUSKl�GUM TOWNSHIP WASHINGTON COUNTY, OHIO

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4-2

ODOT RE 63 Rev. 01/07

SETTLEMENT AND RELEASE OF CLAIMS

Settlement Release Claims Vacated Easement

lnstru•ent VoluMe Pa,e 201.200000221 OR !'i20 310

Arising From Vacation or A Portion or State Highway 821 (Old US 21)

KNOW ALL MEN BY TliESE PRESENTS THAT: Ronald L. and Elizabeth J. MitcbeJl["Releasor,"

as used herein, the expression "Releasor" includes the plural, and words in the masculine include

the feminine or neuter], for the sole consideration of the sum of $0,00 to be paid by the State of Ohio,

Department of Transportation, does for himself, his executors, administrators and assigns, hereby

relinquish, discharge and forever release the State of Ohio, its officials, employees, agents, servants,

successors and assigns, from all debts, claims, demands, damages, actions, and causes of action which Releasor now has or claims to have against the State of Ohio, or ever has had, or may later have or claim to

have, arising out of or in any manner whatsoever related to (a) the vacating and closing to public travel of a

certain portion of State 821 (Old US 21), Section 2.40, Washington County, Ohio, and (b) the removal

of the pavement in accordance with the plans for the relocation or improvement of State Highway 821

(Old US 21), Section 2.40, Washington County, Ohio. Releasor hereby accepts said amount as full

compensation and payment for damage to his property arising out of the vacation of the State's easement.

The portion of said highway to be vacated, which shall remain subject to the right of any public

utility to continue its use or occupation of the portion of the highway being vacated, is more particularly

descnbed as follows:

PARCEL(S): 85-VAC

Wasblngton-821 (Old US 21)-2.40

SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF

IN WITNESS WHEREOF, Ronald L. and Elizabeth J. Mitchell have executed this Settlement

and Release of Claims on the �-11, day of }j.,tl¼t\� , 20 Jl-

�/ ✓ �� Ronald L. Mitchell

ss: STATE or omo. COUNTY OF V\)aslung hrl BE IT REMEMBERED, that on the l {) -t1'\ day of_-4,\J:l __ et"'-"-'Yl._._...b--'"'---

Z,D � \ , before me the subscriber, a Notary Public in and for said state and county, personally

Pall' I of2

4-3

'oDOT RB63 Rev. 01/07,

201200000221 OHIO DEPT. OF TRANSPORTATION CALL 568-3931

SonlG!llCIII Release Claims Vacated Easement

? !nstru•�nt VoluMe Pn3� �01200000221 OR 520 31 1

12�J L - .mJ �f.� ;f. M il-t � / came the above named hr& Rel'ereRGe &811F8i 11et fet1nfio. who signed or acknowledged the signing of the foregoing instrument to be their voluntary acts and deeds.


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SA.RA B. PBPPBll l'IIOTARY PlJBLIC s·, A TE OF OHIO

Recorded In Athens County

My Comm. Exp, 11311& NOTARY PUBLIC My Commission expires:

This document was prepared by or for the State of Ohio, Department of Transportation, on forms approved by the Attorney General of Ohio.

Page 2 of2

4-3

FEB 2 2'2018

SURVEY PLAT l ·SUR.VEYbIVISION -'

ODOTR£6H kv. osilOn A\od, O'ZfZO'IB

RANSFER NOT NECESSARY

EXTINGUISHMENT OF EASEMENT

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'',' '•'.:'?-tAfi 121-11�11 Parcel 38«P , --.--'.-,! .. ,;t· '<'.�:.□"',.; ' 1:

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KNOW ALL MEN BY THESE PRESENTS, THAT the State of Ohio, Department of Transportation does hereby forever extinguish, release, vacate, relinquish, cl!sc;harge and quit claim to the current property owners (as recorded on December 29, 2017 in Volume 513, Page 4203., Daniel. B; York and Abigail L. York), the following "Easement for Roadside Park Purposes" as described in the attached:

EXHIBIT A DAR 127-17:31 PARCEi.:38RP

DESCRIPTION AS RECORDED JUNE 18, 1953 - VOLUME 269, PAGE 1 3

EXHIBIT S DAR 127-17.31 PARCEL38RP

PLAN SHEET PAGE 7 OF 16 ExHIBIT A Ei: B • ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF

During the relocation/construction of wh?tt is now US .Route 127, Parcel 38RP was donated to the St?tte of Ohio, specifically for use as a O. 94 ?tcre public roadside park. After 65 years in public use, respectful of the reversionary clause Included in the "Easement for Roadside park Purposes", the State of Ohio, Department of Transportation hereby releases the easement property right that is no longer needed for highway purpose, to the Yorkfamlly as the underlying fee owner,

Pursuant to ORC §5501 .45; notWithstanding the foregoing extinguishment, no public utility shall be required to move or relocate any of its facilities that may be .located in or on the above .described area, and any such public utility shall have the right to continue its use or occupation of the area.

·Page1 of'2 Excluding Exhibit A ft B

----------------------··· ·····•• ... -----

....

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IN WITNESS WHEREOF, the Stat!:! of Ohio Department of Transportation _has caused this. instrument to be executed by its duly authorized representative on this ;1.,;1. n.{ day of Eee.RLtA 12.'/ , 201.8.

STATE OF OHIO ) ) ss:

SHELBY COUNTY )


� '-.,J· . 7-L JE �, DIREC� BY: MATT KENDALL DISTRICT SEVEN REAL ESTATE ADMINISTRATOR

Before me, a Notary Public in and for said county and state, personally appeared Ohio Department of Transportation. District Seven Real Estate Administrator. Matt Kendall. acting as a duly authorized agent of jerry Wray, Director of the Ohio Department of Transportation; and, his_ signature is his free act and deed.

IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my Official Seal, In Sidney, Ohio this 2+"" day of t='EBl2.U.All..':f , 2018.

·-··· ·--···· ---------

' Notary Public ANN M ALfflAIIS, Nolaly NIia

In and forlheSlallolOMo My Commission El<pltN Iv" 111l1'1'1!11D-

'1'.fflS DOCtlMENT PREPARED BY: DDOT DISTRICT S!VEH • EHGIH£EIUNG REAL ESTATE

FORM'APPR0\1£0 BY Ttl!' ATTORNEY GENERAL.

Page2.of·2 Excluding Exhibit A ft B

-------------------···-····· · ... .. ... ·-· ..... .. . ·····• · .. ··-··· · · ·--4-4

11/5/2018 Lawriter - ORC - 5511 .07 Procedure for vacating highway.

5511.07 Procedure for vacating highway.

In pursuance of section 5501 .31 of the Revised Code, the director of transportation, in vacating any highway or portion thereof on the state highway system that the director finds is no longer necessary for the purposes of a public highway, shall issue such a finding, which shall contain a description of the highway or part thereof to be vacated. Notice of such finding shall be published once a week, for two consecutive weeks, in a newspaper of general circulation in the county in which the highway, or part thereof, to be vacated lies, and a copy of the notice shal l be served as in civil cases, or by registered first class mail, return receipt requested, upon each owner of property abutting on the portion of the highway to be vacated, and upon the director of natural resources. Any owner whose place of residence is unknown, or who is a nonresident of the state, shall be specifically named in the notice of publication and shall be directed in the finding to take due notice of the contents thereof. The director shall make any vacation of a highway or portion of a highway to an abutting landowner or current underlying fee owner of record at no cost.

The notice shall fix a date, not less than twenty days after the date of the final publication of the notice, and shall contain a determination that on or before that date claims for compensation and damage, or either, by reason of the vacation proceedings, must be filed in writing, in duplicate, with the district deputy director of transportation in whose district lies any portion of the highway to be vacated. Failure to file claims in that manner is a waiver of any claim for damage by reason of the vacation.

After considering any claims filed, the director shall make awards as the director considers just and equitable, and if, within ten days, the amount so awarded has not been accepted and waivers therefor signed, that amount shall be deposited in the probate court or court of common pleas of the county in which the vacation lies, wholly or in part, and the procedure to adjudicate such claims shall be that provided under section 5519.01 of the Revised Code.

No final determination shall be made by the director in vacating such highway or portion thereof until a l l awards are accepted, or deposit therefor made, in the probate court or court of common pleas.

No public utility shall be required to move or relocate any of its facilities that may be located in or on any highway or portion thereof being vacated. Any deed, transfer, or other instrument or conveyance made by reason of the vacation shall indicate the right of any public utility to continue its use or occupation of the highway or portion of the highway being vacated.

Effective Date: 04-05-2001 .


4-5

Case Study 4.1 - Roadway Vacation

& Easement Extinguishment

Your District has the Service Road identified in the picture below. ODOT acquired the

right of way via easements. This same (1/4 size) plan sheet has been provided with this

case study.

Please work within your groups to review the different scenarios below and formulate

your responses.

l�[(y ll 'I

FACTS:

• Service Road No.1 (highlighted in yellow) has been through all in-house reviews,

including environmental clearance, and has been approved for disposal.

• ODNR was consulted and the Service Road did not meet their needs for

recreation or trail purposes.

• Federal Highway was consulted, and they have approved of the Service Road's

disposal.

• No Local Public Agencies have a desire to acquire the property.

SCENARIO 1 :

• A developer has assembled all the property adjoining Service Road No. 1 ,

outlined in blue, and has demolished all the homes. They have asked the District

to eliminate the Service Road, as they want to develop all of the surrounding

property, and the Service Road does not work into their plans.


QUESTION 1 . 1 :

Work in your group and determine what your options are for disposing of this Service

Road.

QUESTION 1 .2:

Once you have identified your options, list the steps in the process(es) you would

follow in disposing of this property.


SCENARIO 2:

• Same facts as outlined above at Scenario 1 , with the following change: The developer has assembled all the property adjoining the Service Road, except for parcels 6 & 7. Parcels 6 & 7 are outlined in green on your plan sheet.

QUESTION 2.1 :

Work in your group and determine what your options are for disposing of this Service Road.

QUESTION 2.2:

Once you have identified your options, list the steps in the process(es) you would follow in disposing of this property.


Module 4 Quiz

1. State Highway 321 is being moved from its current alignment and the existing roadway is going to remain open to the public. Once the state route designation is removed, the roadway will become a local road and ODOT will no longer maintain it. To accomplish this, the department will:

a. Abandon the roadway b. Vacate the roadway c. Extinguish the roadway d. None of the above

2. True or False: Roadway Abandonments are not a Real Estate function. Instead, they are handled by the Office of Tech Services in Central Office.

3. True or False: Since access rights will be impacted, all Roadway Abandonments will require that an appraisal be prepared to determine potential abutter's damages.

4. When a District is Vacating a roadway, they will prepare a Notice of Vacation of Right of Way, Form RE 7 4-11 , and have it advertised ________ in a newspaper of general circulation in the county where the road is located:

a. Twice a week for one (1) month b. Once every other week for (1) month c. Once a week for two (2) consecutive weeks d. Twice a week for (2) consecutive weeks

5. What is the Ohio Revised Code minimum number of days, after the last publication date of the Notice of Vacation of Right of Way, before ODOT can establish a claiming deadline?

a. Two weeks b. 16 business days c. 20 calendar days d. 30 days

6. In addition to being publicized in the newspaper, the Notice of Vacation of Right of Way is mailed to:

a. All owners who abut the highway to be vacated b. ODNR for their review c. FHWA for their concurrence d. All the above e. None of the above f. A & B only


7. Fill in the blank: Owners whose place of residence is unknown, or who are non-residents of the state, are _____ _____ in the Notice of Publication.

8. In a Highway Vacation, upon satisfaction of all damage claims, either through

negotiations or court action, the District will prepare and execute this, for each

parcel being vacated:

a. Highway Vacation Instrument, Form RE 74-42

b. Settlement and Release of Claims, Form RE-63

c. Extinguishment of Easement Instrument, Form RE-63-1

d. Notice of Vacation of Right of Way, Form RE 74-1 1

e. Both A & B

9. Fill in the blank: If there are no damages to the abutting owners (as determined

by the District) then you would not process the action as a Highway Vacation.

Instead, you would either ____ _____ _____ (fee owned)

an easement. -----

10. True or False: Easement extinguishments are at no cost to the underlying fee

owner, and on vacations you may end up having to pay damages, up to and

including relocation benefits.

1 1 . When extinguishing an easement, after all necessary approvals have been obtained (both in-house and external), the District will prepare and record a:

a. Highway Vacation Instrument, Form RE 7 4-42 b . Settlement and Release of Claims, Form RE-63 c. Extinguishment of Easement Instrument, Form RE-63-1 d. Notice of Vacation of Right of Way, Form RE 74-1 1

1 2. After all Vacations and Extinguishments are concluded, the District must: a. Obtain a recorded copy of the instrument for their files b. Update all R/W plan sheets to show the Vacation or Extinguishment c. Report to Central Office quarterly of the land deletions d. All of the above


ACCESS GRANT

IN THE MATTER OF THE CREATION OF A NEW ACCESS POINT, AND THE CLOSING OF ONE ACCESS POINT, STATE ROUTE 65, SECTION 0.00/7.99, PUTNAM COUNTY, OHIO

KNOW ALL MEN BY THESE PRESENTS, THAT by pennitdated February 26, 20 l 6, on file with the Ohio Department of Transportation, Lima, Ohio. .L J 7 Rentals, LLC, :tl:\e underlying fee owner, requested that the State of Ohio, Department of Transportation, grant them permission to createa36 foot wide access point at station 25+63.01 of State Route 65. The Ohio Department of Transportation, I.ima, Ohio, hereby grants to L J 7 Rentals, LLC, a new access point located left of centerline station 25+63.01 along the west side of State Route 65 in Putnam County, Ohio, being 36 feet in width, for commercial use. The existing 20 foot access point located leJl: of centerline station 25+ 18.5 located along the west side of State :Route 65 in Putnam County, Ohio will be pennanentl.y closed, and

WHEREAS, said limited access was acquired by the State of Ohio in conjunction with the construction of project Putnam-65-0.00/7.99 (1950), being Parcel No. 7, from Clarence E. Roethlisberger, et al; ofrecor<l in Records of Putnam County Voh1me 166 Page 409, and

WHEREAS, L J 7 Rentals, LLC .made a request to the Ohio Department of Transportation to widen said point of ll,CCess from 20 feet wide to 36 feet wide, and

WHEREAS, the Ohio Department of Transportation has detenninedthat the widening of the access point, as described above, can be created without impairing the integrity of State Route 1;5, "-lld

WHEREAS, the Ohio Department of Transportation hereby finds that the existing access point for Parcel No.7 may be widened from 20 feet to 36 feet without affecting the integrity of said highway system and, will result in no change in the highest and best use to the property involved, and therefore, no enhancement would occur due to the access modification described. in Exhibit A;

WHEREAS,Jerry Wray, Director of Transportation, pursum;it to the statutory provisions of Chapter 5501 of the Ohio Revised Code, does hereby detennine and declare that the modific11tion of the access polllt is now approved and finalized.

IN WITNESS WHJj;REOF, Ihave hereunto set my hand this_day of __ �2016.

Jerry Wray, Director of Transportation

STATE OF OHIO

COUNTY OF _______ _

Before me, a Notary Public in and for said county and state, personally appeared Kirk Shtsher, P .E., District Deputy Director, a duly authorized agent of Jerry Wray, Director of Transportation of the State of Ohio, who exeC'l1ted the foregoing instrument, who acknowledged that the Seal affixed to said instrument is the Seal of the Department ofTrartsportation, that.he did sign said instrument as such director of Transportation on behalf of the State of Ohio and. by the authority of Chapter 550 l of the Ohio Revised Code, and that said instrument is his free act and deed.

IN WITNESS WHEREOF; I have hereunto sub.scribed my name and affixed my Official

Seal this. ___ day of�------�2016

Notary Public

THIS INSTRUMENT WAS PREPARED BY THE OHIO DEPARTMENT OF TRANSPORTATION, LIMA, omo

5-1

Exhibit A

PMCEL7.AG Ali•&s-18.88, PUT06S-{0.00-7,!19}

A NO/HXCLUSIVERIGHTOFACCESS AT ASl'EC!FIC LOCATIOll

A NON•EXCLOSIVE RIGUT TO ACCESS STATE ROUT£ 65, REP LAO NG THE EXISTING.20,fOOT WiDE ACCESS AT STATION 25>18.S,AT'lllESPECIFIC\OCATION DESCRIBED BELOW:

ISurveVP(S de:scripUOn of the prgmi�es follows)

SIIUATE IN THE NORJ'!lEAST l/40FTHESOUTIIWESTl/4 OF SECT I.ON 33, TOIVN 1SOUT�, RANGE 7 EAST, VILLAGE OF COLUMBU�GROVE, PUTNAM COUNTY, OHIO:

COMMENCING AT A fOUND S�·INCH REBAR ATl!if NOliTHWESTCORNER OF SAID50UTHWEST 1/4; THENCE 589"07'3l"E A.DISTAtlCEOF ll14.95 FEETlO'.A FOUND WOOD POST AT THE NORTHWEST CORNER OFTilE NORTHoASTl/4. OF SAID SOIJTHI\/EST 1/4;

THENCE S88'45'05"£ (RECORDED AS S89'42'53"£1.ALONG THE NORTH LINE OF THE NOftTHEAST1/4 Of SAID SOUTH.I/JEST 1/4 A DISTANCE OF G3S.30FEET (RECORDED ANO MEASURED) TO A FOUND 1/2-INCH REBAR WITH '6887' CAI' AT THE EXISTING NORTHERLY RIGHT·OF·WAY OF STAT ERO UTE 65 (UMITfO ACCESS, PUBUC}, ANO BEING 4S.OO FEET LEFT OF STAT£ ROUTE 6S SURVEY CENTERLINE STATION 30t·89.95;

TliENC£ 531 '14'48"W (R[CORDED AS SW17'00'W) ALONG SAID £XIST!HG LIMITED ACCESS RIGHT-Of. WAY A DISTANCE OF 508.97 FEET TO A POIIIT 45.00 FEET LEFT Of STATE ftOUTEGS SUllVEY CENTERUNE STATION 25t8!.0l AND'IHE POIN, OF BEGINNING OF SAID RIGHT OF ACCESS;

THENCE COijTINUING !ill'i4'4B'W /\LONG SAID E�IST!NG UMITEO ACCESS RIGHT-OF WAY A DISTANCE OF 36,00 FEET TO A POINT 45.00 FEET LEFT OF STATE ROUTE GS SURVEY CENTERLINE STATION 25+45.0l AND THE POINT OF TEflMINUS Of SAID RIGHT OF ACC'".SS.

THIS DESCIIIPTION WAS .PREPARED IN ACCOROANCI: WITH A SURVEY CONDUCTED UNDER UNOUTHE DIRECT SUPERVISION Of MATTHEV/T. MOKANYK, OHIO REGISTERED PROFESSKlNAlSUIIVE\'OR NO. S· 8066, ON JUNE 10, 2015.

BEARING BASIS: Off ID STATE PLAN€ COORDINAlE SVSTEM, NORTii WNE (3401!, N�D Bl. 1ttE NORTHERLYRIGHT•DF•WAY OF STATE ROUT£65 BEARIN6S31'14'48"W, STATIONS REFERRED TO 11£/iflN ARE SURVF/ CEITTERLINE OF STATE ROUTE 65 AS SHOWN ON OOOT RIGHT-OF-WAY PLANS All· 65-18.88, PUT-65•(0.0CJ.7.99), PUT•lH.88.

�r,, ,� "' ,/' � -�" J ...... ,·�·----

Mat!hew.T, Mokariylc O�lo Registere� Profes;lonal Surveyor No. 5-6066 land.tech Proft!l<ionaf Suiveylngand Er1glneerlog P,O. Dok m GraWn,.MI ,19537

-----------------·-· ·-·-- ·-·- -··· ·-·-·-··-------5-1

January 12, 2016

HIGHEST AND BEST USE ANALYSIS Effect on the Market Value of the Proposed Access Modification

for Property Owned by

L J 7 RENTALS, LLC

Prepared by: Scott Recker, Realty Specialist

Ohio Department of Transportation

District One Real Estate

Description of the Existing Property Access

Presently there is one legal access point along State Route 65 servicing the property along its eastern

property line, being a 20' drive at Station 25+18.S of State Route 65. This 20' drive not only services this

property but property to the south, owned by Kimmet Properties, LLC, which is improved with self

storage units. There is an Access Easement in place between these two properties and recorded with

the Putnam County Recorder's office. See "Exhibit A" attached, for a sketch of the present access point.

Description of the Access Modification

The access modification will widen the current access point / drive from 20' to 36' along the L/ A-R/W of

State Route 65. This new access point will facilitate a proposed drive of two lanes for egress and one

lane for ingress. The property is currently under contract for sale and the new owners are proposing to

improve with property with a Dollar General Store. See "Exhibit B" attached, for a sketch of the

proposed access point.

Definition of Highest and Best Use

Highest and Best Use is defined in the International Right of Way Association Real Estate Dictionary,

Seventh Edition as "the use of land which will result in its highest value. In appraisal this cannot be

merely theoretical but must be realistic in that the use must be legal (proper zoning, etc.) physically

achievable and financially feasible." It is defined in The Appraisal of Real Estate, Twelfth Edition as "the

reasonably probable and legal use of vacant land or an improved property that is physica lly possible,

legally permissible, appropriately supported, financially feasible, and that results in the highest value."

The basic concept of highest and best use applies to land alone. By considering land alone, the appraiser

can then determine the contributory value, if any, of any improvements. Land is said to have value,

while improvements contribute to the value of the property as a whole. Therefor the concept of highest

and best use is the premise in which value is based.

5-2

L J 7 Rentals, LLC

Highest & Best Use Analysis

Highest and Best Use of Property with Existing Access

Legally Permissible

The legally permissible uses to which the subject property could be put to must be identified.

The property is made up of three auditor parcel numbers 46-042190.0300 (1 acre),

46-042171.0000 (0.467 acres), and 46-042170.0000 (4.661 acres). The property is zoned "C-2",

Community Retail. Community Retail zoned properties are designed to accommodate both

extensive commercial uses that require lots for display and/or outdoor storage purposes and

commercial uses dependent upon a roadside location serving the village residents and external

traffic.

The uses permitted include a wide variety of commercial land uses, which include but are not

limited to, agricultural implement sales and services, animal hospitals, vet clinics, building

related trades, including air conditioning, plumbing, heating, roofing, offices, financial

institutions, fraternal lodges, funeral homes, restaurants, motels and hotels, and retail stores.

Conditional Uses include automotive service stations, warehouses, and food processing or

packaging establishments. The minimum site size is 10,000 sq. ft. with a minimum lot width of

60 ft.

Physically Possible

The subject is made up of three separate auditor parcel numbers, 46-042190.0300 (1.00 acres),

46-042171.0000 (0.467 acres), and 46-042170.0000 (4.661 acres). It is irregular in shape and

consists of a combined total of 6.128 acres, per the county auditor's website. The subject has

road frontage to its east, along State Route 65, of approximately 280 feet. There presently is

one access point along the frontage of State Route 65, being a 20' drive on State Route 65. The

right of way along the east side of the property and State Route 65 is limited access (L/A-R/W).

The property exceeds all of the minimum site size requirements for C-2 zoning classifications.

The site is not improved and it is being proposed to improve the site with a 9,225 square foot

retail store on a 1.170 acre site.

Financially Feasible

The legally permissible and physically possible uses permit a Wide variety of commercial

possibilities. The land and properties in the immediate vicinity of the subject are predominately

commercial and industrial. To the west of the subject is an agricultural field. Directly to the

north of the property is a residence with a automotive service station on the other side of it. To

the east is State Route 65 with several commercial sites on the east side of State Route 65 as

well as an agricultural grain elevator. And to the south of the property a self-storage facility,

which shares the same access point, see attached "Exhibit A".

Page 2 of 4

5-2

L J 7 R entals, LLC Highest & Best Use Analysis

State Route 65 runs north and south along the east side of the proper ty. L/A-R/W runs along State Route 65, a two lanes rural route, from the Allen/Putnam County line north to the south side of the Village of Ottawa. State Route 65 connects to U.S. Route 30, a 4 lane divided highway that connects with For t Wayne, Indiana to the west and continues east through major Ohio cities such as Mansfield, Wooster , and Canton, approximately 6 miles to the south of the subject proper ty. State Route 65 then continues to the south, travels through Lima, Ohio and connects with Interstate 75 approximately 17 miles from the site. Interstate 75 is a major highway that runs from Michigan to Florida passing through such major U.S. cities as Detroit, Cincinnati, Lexington, Knoxville, Atlanta, and Miami.

After consider ing the legal and physical constraints on the proper ty, the existing land use

patterns in close proximity, and the number of uses permitted it is my opinion that the most feasible use for the subject would be some kind of commercial use.

Maximally Productive Use

The land use of properties in close proximity to the subject are commercially and retail or iented as well as some industrial properties. The legally permissible uses allow for both var ious commercial uses for the subject property. Therefor the maximally productive use for the subject befor e the access modification is commercial/retail.

Highest and Best Use with Access Modification

Physically Possible Uses

If the access modification is approved as designed, the mod ification will create a larger access point of 36 feet in the existing location of its current 20 foot access. This new access point will facilitate a proposed driveway consisting oftwo(2) 12 foot lanes for egress (one for r ight turn only and one for left turn only) and a s ingle ingress lane of 12 feet.

If the access modification is approved as designed, the subject will maintain its current zoning classification. This will allow for future commercial development on the residue of the proper ty,

or 4.958 acr es . Therefor there is no change in the highest and best use of the subject property

due to the change in access.

Page 3 of4

5-2

L J 7 Rentals, LLC

Highest & Best Use Analysis

CONCLUSION

Maximally Productive Use After Access Modification

Being that the property is zoned "C-2", Community Retail, and that the phys ical characte ristics of the property are changed only in the area of the location of its legal access point, the phys ically possible uses will remain in place after the access mod ification as they are in the present.

The maximally productive uses for the subject before the access modification a re various commercial/retail. The maximally productive use of the subject property afte r the access

mod ification remains "C-2", Community Retail.

In my opinion the access modification for the subject site does not alter the use of the property, or enhance the value of the subject property, only changes the width of its existing point of access. Therefor there is no increase in the value of the property with the access modification and no appraisal is needed for the access modification.

Page 4 of4

5-2

MR-509 Rev. 10/15/2010

Permit Number: R 1 082 16


PERMIT

County: Putnam Route: .;6.;;5 ___ _

Section: .;0.:...48

:..;... __ _

Access Catagory: ____ _

Subject to all terms, conditions, and restrictions printed, written below and on the reverae side hereof, or attached,

Name: Columbus Grove DG1LLC.

Address: 361 Summit Blvd. Suite 110

City, St Zip: Binningham, AL 35243

Phone: 205-263-4584 Is hereby granted under Section 5515.01 and 5515.02 of the Ohio Revised Code and permission to perform work necessary in the manner described or attached at the location Indicated. This permit does not relieve the applicant from obtaining other Federal, State or Local permits, approvals, or authorizations required by law that may be applicable to the proposed work described herein.

To: Improvements to and widening of the existing driveway, widening of the(UA-R/W) limited access break, and stormwater drainage connections to the existing ODOT storm sewer as part of a New 9100 sqft. Dollar General. The centerline of the existing 20' wide access break and driveway was shown at station 25+18.5 on the axlstlng limited access (UA-R/W) plans (ALL-65-18.88, PUT-65-(0.00-7.99), PUT-12-6.88). The driveway was constructed at station 25+63.01 . The 36' wide (UA-RNV) access break and driveway is permitted to be centered at this station.Parcel 7 AG( access grant) Is to be recorded at the Putnam County Courthouse.

Location:

To the extend applicable, this permit shall be In the possession of employees on site at all times who are In charge of the work and shall be shown, upon request, to any employee of the Ohio Departmenl of Transportation.

No work authorized by this permit shall begin until the permlttee has contacted and received instructions from

Duane Hackworth, Utilities Relocation Tech Phone 41 9-549-6584 _______ ...:...,.. ___________________ _ Note: All plans and information on the( UA-RMJ) break and building plans for the new Dollar General are on file at

ODOT District One Headquarters Lima, Ohio

This permit shall be void if the work described herein does not comply with the conditions, terms, and requirements applicable to this permit, and if the work is not completed by: Saturday. December 31. 2016 All work requiring persons or vehicles within ODOT right of way shall comply with all applicable requirements of the Ohio Manual of Uniform Traffic Control Devices and Item 614 (Maintaining Traffic) of the Construction and Material Specifications, latest editiona,and be NCHRP 350 compliant. Fallure to comply with these requirements will be cause for immediate revocation or suspension of the permit until the proper traffic control devices have been provided.

The permlttee accepts the conditions, terms, and requirements printed, written on, or attached to this permit and understands that failure to comply fully with those conditions, terms, and requirements or any change in the use of the permit Inconsistent with its terms and conditions will be considered a violation and cause for suspension, revocation, or annulment of the permit thereby rendering the permit Illegal and subject to appropriate Department action, up to and including removal of the installation at the permlttee's expense.

Performance Bond Required? __ N_o Company _____ ....,... __ ..,.... _____ _ Effective Date ____ Expiration Date. _______ Amount $

t / Director: ,1£f �e ''j nf (Af

5-3

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5-3

11/27/2018 Lawriter - ORC - 5515.01 Permits granted to use or occupy portion of road or highway.

5515.01 Permits granted to use or occupy portion of road or highway.

The director of transportation may upon formal application being made to the director, grant a permit to any

individual, firm, or corporation to use or occupy such portion of a road or highway on the state highway system as

wil l not incommode the traveling public. Such permits, when granted, shall be upon the following conditions :

(A) The director may issue a permit to any individual, firm, or corporation for any use of a road or highway on the

state highway system that is consistent with applicable federal law or federal regulations.

(B) Such location shall be changed as prescribed by the director when the director deems such change necessary

for the convenience of the traveling public, or in connection with or contemplation of the construction,

reconstruction, improvement, relocating, maintenance, or repair of such road or highway.

(C) The placing of objects or things shall be at a grade and i n accordance with such plans, specifications, or both,

as shall be first approved by the director.

(D) The road or highway in al l respects shall be fully restored to its former condition of usefulness and at the

expense of such individual, firm, or corporation.

(E) Such individual, firm, or corporation shal l maintain al l objects and things in a proper manner, promptly repair

all damages resulting to such road or highway on account thereof, and in event of failure to so repair such road or

highway to pay to the state all costs and expenses that may be expended by the director in repairing any

damage.

(F) Such other conditions as may seem reasonable to the director, but no condition shall be prescribed that

imposes the payment of a money consideration for the privilege granted. Nothing in this division prohibits the

director from requiring payment of money consideration for a lease, easement, license, or other interest in a

transportation facility under control of the department of transportation.

(G) Permits may be revoked by the director at any time for a noncompliance with the conditions imposed.

(H) As a condition precedent to the issuance of any permit for telecommunications facilities or carbon capture and

storage pipelines, the director shal l require the applicant to provide proof it is party to a lease, easement, or

license for the construction, placement, or operation of such facility or pipeline in or on a transportation facil ity.

Except as otherwise provided in this section and section 5501 .311 of the Revised Code, Chapters 5501 ., 5503.,

551 1 ., 5513., 5515., 5516., 5517., 5519., 5521., 5523., 5525., 5527., 5528., 5529., 5531 ., 5533., and 5535. of

the Revised Code do not prohibit telephone and electric light and power companies from constructing,

maintaining, and using telephone or electric light and power l ines along and upon such roads or highways under

section4933.14 or other sections of the Revised Code, or to affect existing rights of any such companies, or to

require such companies to obtain a permit from the director, except with respect to the location of poles, wires,

conduits, and other equipment comprising lines on or beneath the surface of such road or highways.

This section does not prohibit steam or electric railroad companies from constructing tracks across such roads or

highways, nor authorize the director to grant permission to any company owning, operating, controlling, or

managing a steam railroad or interurban railway in this state to build a new line of railroad, or to change or alter

the location of existing tracks across any road or highway on the state highway system at grade. No such

company shall change the elevation of any of its tracks across such road or highway except in accordance with

plans and specifications first approved by the director.

This section does not relieve any individual, firm, or corporation from the obligation of satisfying any claim or

demand of an owner of lands abutting on such road or highway on the state highway system on account of

placing in such road or highway a burden in addition to public travel.

Amended by 128th General AssemblY.File No.43, SB 162, §1 , eff. 9/13/2010.

Amended by 1 28th General AssemblY.ch.43, HB 2, § 10 1 .01, eff. 7/1/2009.

http ://codes .ohio .gov/orc/5515. O 1 v1 1/2

5-4

Case Study 5.1 - Limited Access Modifications

Your District acquired the Limited Access right of way as shown in the picture below

(outlined in red) via warranty deeds. This same (1/4 size) plan sheet has been provided

with this case study.

Please work within your groups to review the scenario below and formulate your

responses.

� 55. 7t:J oc

'

/� SCENARIO:

I

LUSR 62

Gi?.93 cc i

T 4

. #(7r)I rvi1wiier �i-"j-;.;. : Bo/I/more ond Ohto R. Pe-nn C4nlrof· ih:Jnfp, . Hermon ·,q B .Ado A. A

,1rl;'.h/°e" : lllcCul/ovplt ;4,:C/1/� 8-.. B.er/h_o K0 Chor/es P. B lie/en A. Cl!o,l,s P Htrr/11',o/n,,

4� 7(J oc

\. \

• Walmart has acquired all the property (outlined in green) north of USR 35 and

east of USR 62, up to and just past the entrance to the Fayette County

Fairgrounds on the west side of 62.

• Walmart has requested a 36' wide entrance (outlined in blue) into their

development through the LA R/W of USR 62, directly across from the USR 35

North Distributor Road on the west side of 62.

• Walmart, as part of their proposal, has agreed to donate the R/W and build

acceleration/deceleration lanes on 62, and to signalize the intersection.


FACTS:

• The Access Modification request has been through all in-house reviews, including environmental clearance, and has been approved.

• Federal Highway was consulted, and they have approved granting the Access Modification.

QUESTION 1 :

Work in your group and determine what your options are regarding enhancement valuations in granting this Access Modification.

Answer:

QUESTION 2:

Once you have identified your options, list the steps in the process(es) you would follow in disposing of this property right.

Answer:


9. In some instances, an appraisal is not required if it is apparent there will be no

change in the intensity of highest and best use (H&BU) by modifying the access

of a property. In these instances, the District will prepare what, in lieu of an

appraisal?

a. Value Analysis Report (Waiver of Appraisal)

b. H&BU Analysis Write Up

c. Value Finding Report (RE 90)

d. RMI Appraisal Report

e. All the above

10. True or False: Both Access Grant Instruments and Highway Use Permits (MR-

509) are only to be signed by someone authorized to sign on behalf of the

Director of Transportation.


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