As Passed by the Senate 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-SENATOR LATTA 10 _________________________________________________________________ 12 A B I L L To authorize the Director of Administrative Services 14 to offer for sale at public auction certain 15 state-owned real estate located in Lucas County. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17 Section 1. The Governor is hereby authorized to execute a 19 deed in the name of the State conveying to the purchaser 20 determined under procedures prescribed in this act, and the 21 purchaser's successors and assigns or heirs and assigns, all of 22 the state's right, title, and interest in the following described 23 real estate: Situate in the State of Ohio, Lucas County, City of Toledo, 25 being those lands conveyed to the State of Ohio by Order of the 27 United States Bankruptcy Court, Central District of California, 28 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 29 Record in Official Record 98 531 A10, Recorder's Office, Lucas 30 County, Ohio, being located at 5109 Tractor Road, Toledo, Ohio, 31 and being more particularly described as follows: 32 Premises at Tractor and Laskey Roads, described as all of 34 Lots 13, 14, 15, 16 and 17 and the North 150 feet of Lots 1 and 35 2, excepting therefrom said Lots 1 and 2 the West 60 feet 36 thereof, in C.V. Beck Industrial Addition in the City of Toledo, 37 Lucas County, Ohio. Section 2. (A) Not later than ninety days after the 39 2 effective date of this act, the Director of Administrative 40 Services shall offer the real estate for sale at public auction. 42 The real estate shall be subject to the minimum bid of not less 43 than $70,000. The public auction shall be held on the real 44 estate described in Section 1 of this act. The director shall 45 advertise the auction in a newspaper of general circulation in 46 Lucas County at least once a week for three consecutive weeks 47 immediately prior to the date of the auction. The real estate 48 shall be sold at the public auction to the highest bidder. The 49 director may reject all bids for any reason. (B) The successful bidder shall pay at least ten per cent 51 of the purchase price in cash, by bank draft, or by certified 52 check at the time of sale, and shall pay the balance of the 53 purchase price within sixty days of the date of the sale. If the 54 purchaser does not complete the conditions of the sale as 55 specified in this division, the director may void the sale by 56 giving the defaulting purchaser written notice to that effect. 57 The written notice voiding the sale shall be mailed to the 58 defaulting purchaser by certified mail, return receipt requested. 59 If the director voids the sale, the part of the purchase price 60 paid at the time of the sale shall be forfeited to the state as 61 liquidated damages. 62 (C) If the purchase is not completed and the sale is 65 voided, the director may sell the real estate to the second 66 highest bidder at the public auction held pursuant to this 67 section. Section 3. The real estate described in Section 1 of this 69 act shall be sold as an entire tract and not in parcels. 70 Section 4. The Department of Commerce shall pay the 72 advertising costs, appraisal fees, and other costs incurred in 73 connection with the sale of the real estate described in Section 74 1 of this act. 75 Section 5. Upon payment of the purchase price, the Auditor 77 of State, with the assistance of the Attorney General, shall 78 3 prepare a deed to the real estate described in Section 1 of this 79 act. The deed shall be executed by the Governor in the name of 81 the State, countersigned by the Secretary of State, sealed with 82 the Great Seal of the State, presented in the Office of the 83 Auditor of State for recording, and delivered to the purchaser. 84 The purchaser shall present the deed for recording in the Office 85 of the Lucas County Recorder. 86 Section 6. The net proceeds of the sale of the real estate 88 described in Section 1 of this act shall be deposited in the 89 State Treasury to the credit of the State Fire Marshal's Fund 90 created in section 3737.71 of the Revised Code. 91 Section 7. This act expires one year after its effective 93 date.