As Passed by the House 1 123rd General Assembly 4 Regular Session Sub. H. B. No. 235 5 1999-2000 6 REPRESENTATIVE PERZ-CATES-CAREY-EVANS-DAMSCHRODER- 8 PERRY-MEAD-OLMAN-GARDNER-WINKLER-O'BRIEN-MOTTLEY- 9 TERWILLEGER-PADGETT-OPFER-SCHULER-LOGAN 10 _________________________________________________________________ 11 A B I L L To authorize the Director of Administrative Services 13 to offer for sale at public auction certain 14 state-owned real estate located in Lucas County. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 16 Section 1. The Governor is hereby authorized to execute a 18 deed in the name of the State conveying to the purchaser 19 determined under procedures prescribed in this act, and the 20 purchaser's successors and assigns or heirs and assigns, all of 21 the state's right, title, and interest in the following described 22 real estate: Situate in the State of Ohio, Lucas County, City of Toledo, 24 being those lands conveyed to the State of Ohio by Order of the 26 United States Bankruptcy Court, Central District of California, 27 Case Number SB-93-22207-DN, of record in Official Record 93 0524 D09, having been transferred to said State of Ohio by Deed of 28 Record in Official Record 98 531 A10, Recorder's Office, Lucas 29 County, Ohio, being located at 5109 Tractor Road, Toledo, Ohio, 30 and being more particularly described as follows: 31 Premises at Tractor and Laskey Roads, described as all of 33 Lots 13, 14, 15, 16 and 17 and the North 150 feet of Lots 1 and 34 2, excepting therefrom said Lots 1 and 2 the West 60 feet 35 thereof, in C.V. Beck Industrial Addition in the City of Toledo, 36 Lucas County, Ohio. Section 2. (A) Not later than ninety days after the 38 2 effective date of this act, the Director of Administrative 39 Services shall offer the real estate for sale at public auction. 41 The real estate shall be subject to the minimum bid of not less 42 than $70,000. The public auction shall be held on the real 43 estate described in Section 1 of this act. The director shall 44 advertise the auction in a newspaper of general circulation in 45 Lucas County at least once a week for three consecutive weeks 46 immediately prior to the date of the auction. The real estate 47 shall be sold at the public auction to the highest bidder. The 48 director may reject all bids for any reason. (B) The successful bidder shall pay at least ten per cent 50 of the purchase price in cash, by bank draft, or by certified 51 check at the time of sale, and shall pay the balance of the 52 purchase price within sixty days of the date of the sale. If the 53 purchaser does not complete the conditions of the sale as 54 specified in this division, the director may void the sale by 55 giving the defaulting purchaser written notice to that effect. 56 The written notice voiding the sale shall be mailed to the 57 defaulting purchaser by certified mail, return receipt requested. 58 If the director voids the sale, the part of the purchase price 59 paid at the time of the sale shall be forfeited to the state as 60 liquidated damages. 61 (C) If the purchase is not completed and the sale is 64 voided, the director may sell the real estate to the second 65 highest bidder at the public auction held pursuant to this 66 section. Section 3. The real estate described in Section 1 of this 68 act shall be sold as an entire tract and not in parcels. 69 Section 4. The Department of Commerce shall pay the 71 advertising costs, appraisal fees, and other costs incurred in 72 connection with the sale of the real estate described in Section 73 1 of this act. 74 Section 5. Upon payment of the purchase price, the Auditor 76 of State, with the assistance of the Attorney General, shall 77 3 prepare a deed to the real estate described in Section 1 of this 78 act. The deed shall be executed by the Governor in the name of 80 the State, countersigned by the Secretary of State, sealed with 81 the Great Seal of the State, presented in the Office of the 82 Auditor of State for recording, and delivered to the purchaser. 83 The purchaser shall present the deed for recording in the Office 84 of the Lucas County Recorder. 85 Section 6. The net proceeds of the sale of the real estate 87 described in Section 1 of this act shall be deposited in the 88 State Treasury to the credit of the State Fire Marshal's Fund 89 created in section 3737.71 of the Revised Code. 90 Section 7. This act expires one year after its effective 92 date.