As Passed by the Senate 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 557 5
1997-1998 6
REPRESENTATIVES CORE-MEAD-GARCIA-BRITTON-O'BRIEN-WINKLER- 8
LOGAN-DAMSCHRODER-HOUSEHOLDER-OPFER-WISE-BRADING- 9
SENATORS LATTA-BLESSING-MUMPER-HOTTINGER 10
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A B I L L
To authorize the conveyance of state-owned real 14
estate located in Logan County, upon which is 15
located a facility known as the Flat Branch 16
Sewage Treatment Plant, to the Board of County 18
Commissioners of Logan County and to authorize 20
the conveyance of state-owned real estate located 21
in Hocking County, known as the Logan Armory, to 22
the Board of County Commissioners of Hocking
County.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. (A) The Governor is hereby authorized to 26
execute a deed in the name of the state conveying to the Board of 27
County Commissioners of Logan County and its successors and 28
assigns, all of the state's right, title, and interest in the 29
following described real estate and improvements thereon, located 30
in Logan County and known as the Flat Branch Sewage Treatment 32
Plant:
Being a tract of land situated in Virginia Military Survey 34
4606, in Zane Township, Logan County, Ohio, and being more 35
particularly described as follows: 36
Commencing at an iron pin in the apparent centerline of 38
County Road #153; thence North 81 degrees 06' 55" West a distance 39
of 965.65 feet to an iron pin in the apparent centerline of 40
County Road #153 at the southeast corner of a 63.30 acre tract 41
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now or formerly owned by Darby Creek Center Ltd. by instrument of 42
record in Deed Book 357, pages 447-454; thence with a line
through the grantor's 63.30 acre tract North 65 degrees 38' 05" 43
West a distance of 2707.63 feet to the true point of beginning, 44
said point being the southwesterly corner of the tract herein 45
described; thence along the westerly line of said tract North 21 46
degrees 30' 43" West a distance of 553.71 feet to a point; thence 47
along the northerly line of the tract North 55 degrees 54' 18"
East a distance of 578.90 feet; thence along the easterly line of 48
the tract South 21 degrees 30' 43" East a distance of 679.82 feet 49
to a point; thence along the southerly line of the tract South 68 50
degrees 29' 18" West a distance of 565.00 feet to the point of 51
beginning, containing 8.000 acres, more or less. 52
TOGETHER WITH THE FOLLOWING DESCRIBED APPURTENANT EASEMENTS: 55
(1) Easement from Carrier Corporation to the 58
Transportation Research Board of Ohio, dated December 14, 1977, 59
filed January 4, 1978, and recorded in Deed Book 374, page 440, 60
Recorder's Office, Logan County, Ohio.
(2) Easement from Clarence W. Hagar and Lela R. Hagar to 62
the Transportation Research Board of Ohio, dated December 8, 63
1977, filed March 5, 1978, and recorded in Deed Book 375, page 64
78, Recorder's Office, Logan County, Ohio.
(3) Easement from Darby Creek Center, Ltd. to the 66
Transportation Research Board of Ohio, Dated February 24, 1978, 67
filed March 6, 1978, and recorded in Deed Book 375, page 80, 68
Recorder's Office, Logan County, Ohio.
(4) Easement from Darby Creek Center, Ltd. to the 70
Transportation Research Board of Ohio, dated December 8, 1977, 71
filed March 6, 1978, and recorded in Deed Book 375, page 84, 72
Recorder's Office, Logan County, Ohio.
(5) Easement from Dana Corporation of Toledo, Ohio to the 74
Transportation Research Board of Ohio, dated January 18, 1978, 75
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filed February 1, 1978, and recorded in Deed Book 374, page 679, 76
Recorder's Office, Logan County, Ohio.
(6) Easement from The Fifth Third Bank, Trustee to the 78
Transportation Research Board of Ohio, dated December 16, 1977, 79
filed January 4, 1978, and recorded in Deed Book 374, page 435, 80
Recorder's Office, Logan County, Ohio.
(B) Consideration for the conveyance of the real estate 82
described in division (A) of this section is the mutual benefit 83
accruing to the State of Ohio and to Logan County by having the 84
Board of County Commissioners of Logan County operate the Flat 85
Branch Sewage Treatment Plant, thereby enabling the extension of 86
sewer services to additional residents of Logan County. 87
(C) The Board of County Commissioners of Logan County 89
shall pay the costs of the conveyance of the real estate 90
described in division (A) of this section. 91
(D) Within one year of the effective date of this act, the 94
Auditor of State, with the assistance of the Attorney General, 95
shall prepare a deed to the real estate described in division (A) 96
of this section. The deed shall state the consideration. The 97
deed shall be executed by the Governor in the name of the state, 98
countersigned by the Secretary of State, sealed with the Great 99
Seal of the State, presented in the Office of the Auditor of 100
State for recording, and delivered to the Board of County
Commissioners of Logan County. The Board of County Commissioners 101
of Logan County shall present the deed for recording in the 102
Office of the Logan County Recorder. 103
Section 2. (A) This section is remedial, with the purpose 105
being to remedy an error in Am. Sub. H.B. 376 of the 121st 106
General Assembly by substituting a correct legal description for 107
a parcel of real estate designated as "Parcel No. 16" and 109
described in division (A) of Section 2 of that act. Am. Sub.
H.B. 376 of the 121st General Assembly authorized the conveyance 110
of property the Adjutant General determined was no longer needed 111
for armory or military purposes. The legal description contained 112
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in that act for Parcel No. 16, an armory located in Hocking 113
County, Ohio, was erroneous because it did not reflect previous 114
deletions from and additions to that parcel. Thus a deed to 115
convey that armory could not be recorded. The purpose of this 116
section is to authorize the conveyance of the armory located in
Hocking County, Ohio, using the correct legal description and 117
reflecting the terms that the Director of Administrative Services 118
established pursuant to the procedures specified in division (B) 119
of Section 2 of Am. Sub. H.B. 376 of the 121st General Assembly. 120
(B) Pursuant to section 5911.10 of the Revised Code, the 122
Governor is hereby authorized to execute a deed in the name of 123
the state conveying to the Board of County Commissioners of 124
Hocking County and its successors and assigns, all of the state's 125
right, title, and interest in the following described three 126
parcels of real estate and improvements thereon that the Adjutant 127
General has determined are no longer required for armory or
military purposes, located in Hocking County and known as the 128
Logan Armory:
Parcel 1: 131
Volume 108, Page 489, Hocking County Deed Records 132
Situated in the Township of Green, County of Hocking, and State 134
of Ohio: Being part of Lot 2, Section 34, Green Township, T13N, 136
R16W, Hocking County and State of Ohio, and further described as 138
follows: Commencing at a tile set on the township line between 139
Falls and said Green Townships, and at the Southeast corner of 140
Section 12 of said Falls Township; thence South 34°,5' East
2221.87 feet to an iron pin set on the South right of way line of 141
U.S. Route No. 33, and on the West line of the Grantor's land, 142
said iron pin being the place of beginning for the tract of land 143
herein conveyed; thence on the Grantor's West property line South 144
4° 43'45" West 905.31 feet to an iron pipe; thence South 85° 145
16'15" East 500.00 feet to an iron pin; thence North 4° 44'45" 147
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East 580.20 feet to an iron pin set on said South R/W line of
U.S. Route No. 33; thence on said R/W line North 52° 16' West 148
474.26 feet to an iron pin set at the Northeast Corner of a 100 149
ft. by 100 ft. lot; thence around three sides of said lot, South 151
4° 45'30" West 100.21 feet to an iron pin; thence North 52° 05' 152
West 100.00 feet to an iron pin; thence North 4° 45' East 100.00 153
feet to an iron pin; thence again on said South R/W line of U.S. 155
Route 33, North 52° 00' West 22.09 feet to the place of
beginning, containing eight and one-third acres, more or less, 157
subject to easements and rights of way of record and legal 158
highways.
Except: 160
Parcel transferred to the Logan Trade Club Ohio Development 161
Corporation on July 31, 1963, recorded in Volume 113, Page 248, 163
Hocking County Deed Records
Being a part of Lot 2, Section 34, Green Township, T 13 N, R 16 166
W, Hocking County, State of Ohio, and further described as 167
follows: Commencing at a tile set on the Township line between 168
Falls and said Green Townships, and at the Southeast corner of 169
Section 12 of said Falls Township; thence South 34° 05' East 171
2221.87 feet to an iron pin set in the South right-of-way line of
U.S. Route No. 33; thence South 4° 43'45" West 905.31 feet to an 172
iron pipe; thence South 85° 16'15" East 303.37 feet to the place 173
of beginning for the tract of land conveyed herein; thence South 175
85° 16'15" East 196.63 feet to an iron pin; thence North 4° 177
16'15" East 196.63 feet to an iron pin; thence North 4° 44'45" 179
East 303.05 feet; thence South 37° 44' West 361.28 feet to the 181
place of beginning, containing .684 acres, more or less, subject
to existing easements, rights-of-way and legal highways. 182
Parcel 2: 184
Parcel transferred to the State of Ohio on July 31, 1963, 185
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recorded in Volume 113, Page 246, Hocking County Deed Records 187
Being a part of Lot 2, Section 34, Green Township, T 13 N, R 16 190
W, Hocking County, State of Ohio, and further described as 191
follows: Commencing at a tile set on the Township line between 192
Falls and said Green Townships, and at the Southeast corner of 193
Section 12 of said Falls Township; thence South 34° 05' East 195
2221.87 feet to an iron pin set in the South right-of-way line of
U.S. Route No. 33; thence South 4° 43'45" West 905.31 feet to an 196
iron pipe, being the place of beginning for the tract of land 197
herein conveyed; thence South 4° 43'45" West 467.37 feet; thence 198
North 37° 44' East 557.63 feet; thence North 85° 16'15" West 199
303.37 feet to the place of beginning, containing 1.627 acres, 200
more or less.
Parcel 3: 202
Parcel transferred to the State of Ohio on July 31, 1963, 203
recorded in Volume 113, Page 246, Hocking County Deed Records 205
Being a part of Lot 2, Section 34, Green Township, T 13 N, R 16 207
W, Hocking County, State of Ohio, and further described as 208
follows: Commencing at a tile set on the Township line between 209
Falls and said Green Townships, and at the Southeast corner of 210
Section 12 of said Falls Township; thence South 34° 05' East 212
2221.87 feet to an iron pin set in the South right-of-way line of
U.S. Route No. 33; thence South 52° 16' East 596.35 feet to an 213
iron pin, being the place of beginning for the tract of land 214
herein conveyed; thence South 4° 44'45" West 277.15 feet; thence 215
North 37° 44' East 232.47 feet; thence North 52° 16' West 150.78 216
feet to the place of beginning, containing .423 acres, more or 218
less.
(C) Consideration for the conveyance of the real estate 221
described in division (B) of this section is a purchase price of
$470,000. 222
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(D) The grantee shall pay the costs of the conveyance of 224
the real estate described in division (B) of this section. 225
(E) The net proceeds of the conveyance of the parcels 227
described in division (B) of this section shall be deposited in 228
the state treasury to the credit of the Armory Improvements Fund 229
in the Adjutant General's Department pursuant to section 5911.10 230
of the Revised Code.
(F) Upon payment of the purchase price, the Auditor of 232
State, with the assistance of the Attorney General, shall prepare 233
a deed to the real estate described in division (B) of this 234
section. The deed shall state the consideration. The deed shall 235
be executed by the Governor, countersigned by the Secretary of 236
State, sealed with the Great Seal of the State, presented in the 237
Office of the Auditor of State for recording, and delivered to
the Board of County Commissioners of Hocking County. The Board 238
of County Commissioners of Hocking County shall present the deed 239
for recording in the Office of the Hocking County Recorder. 240
(G) The conveyance described in this section is deemed to 242
be a conveyance to a county pursuant to division (B)(2) of 244
Section 2 of Am. Sub. H.B. 376 of the 121st General Assembly so 245
that, pursuant to Section 6 of Am. Sub. S.B. 293 of the 121st 246
General Assembly, the Board of County Commissioners of Hocking
County may request and receive a release of up to 50 per cent of 248
the sales price of the armory, and that any release of the sales 249
price be subject to the conditions specified in Section 2 of Am. 250
Sub. S.B. 293 of the 121st General Assembly. 251
Section 3. This act expires one year after its effective 253
date.