As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 479 5
1999-2000 6
REPRESENTATIVES DAMSCHRODER-VESPER-FORD-HOOPS-OGG-WOMER BENJAMIN- 8
BRADING-WILLAMOWSKI-GRENDELL-CLANCY-TAYLOR-THOMAS 9
_________________________________________________________________ 10
A B I L L
To authorize the Adjutant General to transfer 12
specified parcels of state-owned real estate no 13
longer needed for armory or military purposes to 14
the grantor of each parcel pursuant to the
reversionary clause in each parcel's deed, to 15
authorize the conveyance of state-owned real 16
estate that the Adjutant General has determined 17
is no longer required for military or armory
purposes to a buyer or buyers to be determined at 18
a later date, and to authorize the conveyance of 19
state-owned real estate known as the Blanchester 20
Armory to Thomas J. Lagos.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. The Adjutant General has determined that the 24
following described properties are no longer needed by the Ohio 25
National Guard for armory or military purposes. The reversionary 26
language contained in the deeds for those properties requires 27
that each property revert back to the grantor if the property 28
ceases to be used for military purposes. The Adjutant General is 29
hereby authorized to give proper effect to the reversionary 30
language in the original deeds and transfer the parcels described 31
as follows:
Parcel No. 1 33
Willoughby Armory Property, Volume 218, Page 110, Lake 35
County Deed Records. 36
2
Situated in the Village of Willoughby, County of Lake, and 38
State of Ohio: and known as Sublots Nos. 343, 344, 345, 346, 347, 39
348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 40
361, 366, 367, 368, 369, 370, 371, 372, 373, 374, and 375 in the 41
Cleveland Willoughby Realty Company's Orchard Park Allotment No. 42
2, as shown by the recorded Plan thereof, recorded in Volume F,
Page 27, Lake County Records of Maps ...be the same more or less, 43
but subject to all legal highways. 44
Parcel No. 1 shall revert to the City (formerly Village) of 46
Willoughby. 47
Parcel No. 2 49
Property originally provided for the construction of an 51
armory in the City of Lorain, Ohio, Volume 469, Page 183, Lorain 52
County Deed Records. 53
Situated in Great Lots Nos. 94, 95, 99, and 100 in 55
Sheffield Township, City of Lorain, County of Lorain, and State 56
of Ohio, and being a parcel of land, approximately 400 feet 57
square, in the Southwest corner of Oakwood Park as conveyed to 58
the City of Lorain by Deed dated September 1, 1894, and recorded
in Volume 73, Page 334 of Lorain County Records of Deeds and more 60
particularly described as follows: 61
Commencing at an iron pin at the Northeast corner of 63
Clinton Avenue and East 36th Street, thence East along North line 64
of East 36th Street a distance of 400 feet to a point; thence 66
Northerly on a line parallel with Clinton Avenue, a distance of 67
400 feet to a point; thence Westerly along a line parallel with
East 36th Street, a distance of 400 feet to a point in the East 68
line of Clinton Avenue; thence Southerly along the East line of 70
Clinton Avenue a distance of 400 feet to the place of beginning 71
and containing approximately 3.67 acres of land 72
Parcel No. 2 shall revert to the City of Lorain. 74
Parcel No. 3 76
Napoleon Motor Vehicle Storage Building Property, Volume 78
153, Page 309, Henry County Deed Records. 79
3
Situated in the northwest quarter of Section 23, Township 5 81
North, Range 6 East in Napoleon Township, Village (now City) of 83
Napoleon, Henry County, Ohio, to-wit: 84
Beginning at an iron pipe on the west line of said Section 86
23 and on the center line of the Jahns Road, thence north 88 88
degrees and 36 minutes east 366.1 feet to an iron pin, thence 89
north 78 degrees and 20 minutes east 281.8 to an iron pin, thence 90
south 6 minutes west 105.7 feet to an iron pin, thence 36 degrees
and 53 minutes west 277.1 feet to an iron pin, thence south 82 91
degrees and 14 minutes west 262.5 feet to an iron pin on the 92
centerline of the Jahns Road, thence north 36 degrees and 1 93
minute west 366.85 feet along the center line of the Jahns Road 94
to the place of beginning containing 3.249 Acres of land but
subject to all legal highways. 95
Parcel No. 3 shall revert to the City (formerly Village) of 97
Napoleon.
Section 2. (A) Pursuant to section 5911.10 of the Revised 99
Code, the Governor is hereby authorized to execute a deed in the 100
name of the state conveying to a buyer or buyers to be determined 101
in the manner provided in division (C) of this section, all of 102
the state's right, title, and interest in the following described 103
parcels of real estate that the Adjutant General has determined 104
are no longer required for armory or military purposes: 105
Parcel No. 1 107
Toledo Secor Road Armory Property, Volume 766, Page 480, 109
Lucas County Deed Records. 110
The North Six (6) acres of the North One-half (1/2) of the 112
Northeast One Quarter (1/4) of the Southeast One Quarter (1/4) of 114
Section Eighteen (18), Town Nine (9) South, Range Seven (7) East, 115
in Washington Township, Lucas County, Ohio, except therefrom the 117
South Forty-eight (48) feet of the East One Hundred and Fifty 118
(150) feet thereof, said excepted premises being the premises 119
conveyed by the Grantor to Samuel B. Wood and J. M. Wilson.
Parcel No. 2 121
4
Ravenna Armory Property, Volume 325, Page 64, Portage 123
County Deed Records. 124
Situated in the Township and City of Ravenna, County of 126
Portage and State of Ohio: Situated in Township Lot 21, south 127
division of lots, Ravenna Township, Portage County, Ohio. 128
(Beginning at a point in the east line of Freedom Road at its 129
intersection with the south line of Lot 21, said point being
located 30 feet east of monument in the S.W. Corner of Lot 21; 130
thence easterly along the south line of Lot #21 a distance of 131
about 538 feet to the intersection with the west line of Maple 133
Street extended; thence northerly a distance of 153 feet; thence 134
westerly a distance of about 538 feet to the east line of Freedom 135
Street; thence Southerly along the east line of Freedom Street a 136
distance of 153 feet to the place of beginning, containing 1.89 137
acres more or less, but subject to all legal highways). Being 138
the southwest corner of what has long been known as the Portage 140
County fair ground property.
Parcel No. 3 142
Portsmouth Armory Property, Volume 380, Page 598, Scioto 144
County Deed Records. 145
Situated in the City of Portsmouth, County of Scioto and 147
State of Ohio (Formerly in Clay Township), to-wit: Beginning at 148
a point in the north property line of 17th Street, said point 149
being Two Hundred Ten Feet (210 ft.) east of the center line of 150
High Street; said point being also Fifty Feet (50 ft.) east of 151
the first alley east of High Street; thence in a northwardly
direction parallel to the east property line of the first alley 152
east of High Street with a line bearing North 5 deg. 30 min, east 153
450 feet to a point; thence in an eastwardly direction parallel 154
to the north property line of 17th Street with a line bearing 155
South 85 deg. 17 min. East 231 feet, more or less, to a point on 156
the east property line of a 3.93 acre tract of the Grantor
herein; thence in a southwardly direction with the east line of 157
said tract and bearing South 2 deg. 12 min. West, 158 feet, more 158
5
or less, to a corner of said tract; thence in an eastwardly 159
direction with the lines of said tract as follows:- South 86 160
deg. 54 min. East, 152.4 feet to a point; thence in a southwardly 161
direction with a line bearing South 2 deg., 53 min. West, 294
feet to a point; said point being in the north property line of 162
17th Street; thence in a westwardly direction with the north 164
property line of 17th Street, North 85 deg. 17 min. West, 400.4
feet to the point of beginning, containing 3.508 acres more or 165
less, and being 3.147 acres off the 3.93 acre tract, known as the 166
"First Tract," and 0.361 acres off the 1.715 acre tract known as 167
the "Second Tract," in a deed made to Grantors herein, by Johnson 168
and Duis Inc., dated July 1, 1938, and recorded in Deed Book 236, 169
Page 291 of Scioto County Record of Deeds.
Together with an easement as means of ingress and egress to 171
said premises from the first alley east of High Street in said 172
city over the following described premises, to-wit: 173
Beginning at a point in the east property line of the first 175
alley east of High Street, said point bearing North 5 deg., 30 176
min. East 450 feet North of the intersection of the east property 177
line of the first alley east of High Street, with the north 178
property line of 17th Street; thence in an eastwardly direction 179
with a line bearing South 85 deg., 17 min. East, 50 feet to a
point; said point being also the northwest corner of a tract 180
herein conveyed to the City of Portsmouth, Ohio, for Armory 182
Purposes; thence in a southwardly direction with the west line of
said tract and parallel to the east property line of the first 183
alley easy of High Street; South 5 deg., 30 min. West, 30 feet to 184
a point; thence in a westwardly direction with a line bearing 185
North 85 deg., 17 min. West, 50 feet to a point in the east 186
property line of aforesaid alley; thence in a northwardly
direction with the east line of the aforesaid alley North 5 deg., 187
30 min. east, 30 feet to the point of beginning containing 0.0344 188
acres more or less.
Parcel No. 4 190
6
Shreve Armory Property, which consists of two parts: (A) 192
Volume 198, Page 373, and (B) Volume 198, Page 372, Wayne County 193
Deed Records. 194
Part A 196
Situated in the Village of Shreve, County of Wayne, and 198
State of Ohio; and known as the East part of in-lots numbered Two 199
Hundred and Nineteen (219) and Two Hundred and Twenty (220), 200
bounded and described as follows: - Beginning at the Northeast 201
corner of said Lot number Two Hundred and Twenty (220); thence
South along the East lines of said Lots 220 and 219, to the 202
South-east corner of said Lot No. 219; thence West on the South 203
line of said Lot 219, Eighty-eight (88) Feet; thence North and 204
parallel with the East line of said Lots, one hundred and Twenty 205
(120) Feet to the North line of Lot 220; thence East on the North 206
line of Lot 220 Eighty-eight (88) Feet to the North-east corner 207
of said Lot, the place of beginning.
Part B 209
Situated in the Village of Shreve, County of Wayne, and 211
State of Ohio: and known as the East half of In-Lot number Two 212
Hundred and Eighteen (218).
Parcel No. 5 214
Fremont Armory Property, Volume 133, Page 180, Sandusky 216
County Deed Records. 217
Situated in the City of Fremont, County of Sandusky, and 219
State of Ohio, and known as a part of Outlet number fifty (50), 220
more particularly described as commencing at a point on the north 221
line of said Outlet and two hundred and sixty (260) feet 222
northwestly from the north-east corner of said Outlet; thence in 223
a northwesterly direction, on the north line of said Outlet, one
hundred (100) feet; thence southwesterly, at right angles to the 224
north line of said Outlet, three hundred forty and one-half (340 225
1/2) feet; thence southeasterly, parallel with the north line of 226
said Outlet, one hundred (100) feet; thence northeasterly three 227
hundred forty and one-half (340 1/2) feet to the place of
7
beginning, be the same more or less, but subject to all legal 228
highways.
Parcel No. 6 230
Boston Mills Organizational Maintenance Shop and other 232
related facilities, Volume 1540, Pages 411 & 412 and 413-415, 233
Summit County Deed Records. 234
Part A 236
Situated in the Township of Boston, County of Summit, and 238
State of Ohio; more particularly described as follows: 239
Being a part of Lot 2, Tract 1, in said Township, beginning 241
at a southwest corner of 80.45 acres of land, deeded by George 242
Kellogg to F.W. Kellogg March 9th, 1872, in the center of the 243
Brewery Road, so-called, at a stake in the line between the north 245
and south half of said Lot 2, and which point is southwesterly 246
along the center line of the Brewery Road 28.22 1/2 chains from
the north line of Lot 2, Tract No. 1, Boston Township; thence 247
northeasterly along the center of said Road as now traveled, 248
26.33 1/2 chains to a stake at the center of the Culvert; thence 249
south 26 degrees east 3 chains to a stake; thence southwesterly 250
to a point in the division line between the north and south half 251
of said Lot 2, 11.25 chains distant from the first mentioned
stake in the center of the Brewery Road; thence north 89 3/4 252
degrees west along said division line 11 chains and 25 links to 253
the place of beginning, containing 10 acres of land, be the same 254
more or less, but subject to all legal highways.
Being the same piece of property conveyed by Mary C. & W.H. 256
Smith to Harry M. Farnsworth as shown by recorded deed in Volume 257
328, page 579 of Summit County Records being subsequently 258
conveyed by said Harry M. Farnsworth and wife to The American 259
Agricultural Chemical Company (of Connecticut) by deed dated
November 18th, 1905, and recorded in Summit County Records in 260
Volume 627, Page 432, and being subsequently conveyed by The 261
American Agricultural Chemical Company (of Connecticut) to The 262
American Agricultural Chemical Company (of Delaware) by deed 263
8
dated June 30th, 1930, and recorded in Summit County Records in 264
Volume 1352, Pages 420-421.
Part B 266
Situated in the Township of Boston, County of Summit, and 268
State of Ohio: and being part of Original Lot No. 2, Tract 1, in 269
said Township and being further described as follows: 270
Beginning in the center line of Brewery Road at its 272
intersection with the northerly line of Grantor's lands, said 273
beginning point being distant southwesterly along the center line 274
of Brewery Road 28.22 1/2 chains from the North line of said Lot 275
2, said beginning point being also the southwest corner of 80.45 276
acres of lands deeded by George Kellogg to F.W. Kellogg, March 9,
1872. 277
Thence South 89 degrees 45'00" East along the Northerly 279
line of Grantor's lands, said Northerly line being the southerly 281
line of lands conveyed to F.W. Kellogg as aforesaid a distance of 282
900 feet to a point.
Thence South 12 degrees 37'30" West a distance of 700 feet 284
to a point.
Thence North 89 degrees 45'00" West along a line parallel 286
with the first described line a distance of 650 feet to a point. 287
Thence northwesterly along a line that intersects the 289
center line of Brewery Road at a point distance Southwesterly 400 290
ft. from the intersection of said center line with the Northerly 291
line of Grantor's land as aforesaid.
Thence Northeasterly along the center line of Brewery Road 293
400 feet to the place of beginning containing 15.257 acres of 294
land be the same more or less but subject to all legal highways. 295
LESS THE FOLLOWING DESCRIBED PARCEL, GIVEN BY "DEPARTMENTAL 297
TRANSFER OF STATE-OWNED LANDS" FROM THE ADJUTANT GENERAL'S 298
DEPARTMENT TO THE OHIO DEPARTMENT OF HIGHWAYS, ON DECEMBER 1, 299
1966.
Situated in Boston Township, Summit County, State of Ohio, 301
Lot 2, Town 4-North, Range 11 West, and bounded and described as 302
9
follows:
Being a parcel of land lying on the left and right sides of 304
the centerline of a survey made by the Department of Highways, 305
and recorded in Book 68, Pages 5-14, of the records of Summit 306
County and being located within the following described points in 307
the boundary thereof:
Beginning at the intersection of the centerline tangent of 309
Riverview Road (County Highway No. 9) with the north line of said 310
Lot 2; said intersection being at right angles to and 599.99 feet 311
left of Station 425 plus 95.97 on the centerline survey above 312
referred to; thence along the centerline tangents of Riverview 313
Road by the following bearings and distances: South 17°37'18"
East a distance of 349.59 feet to an angle point; South 48°49'23" 314
East a distance of 185.40 feet to an angle point on the proposed 315
limited access line; thence along said limited access line by the 316
following bearings and distances; South 54°14'22" West a distance 317
of 179.03 feet to an angle point; North 35°45'38" West a distance 318
of 232.83 feet to an angle point; South 54°14'22" West a distance 319
of 650.00 feet to an angle point; South 8°48'58" West a distance 320
of 140.09 feet to an angle point; South 55°21'44" West a distance 321
of 926.04 feet to the true place of beginning, said point of 322
beginning being an angle break in the grantor's easterly property 323
line on a radial line to an 173.44 feet left of Station 406 plus 325
50.07 on the centerline survey; thence South 11°42'11" West along 326
the grantor's easterly property line a distance of 534.33 feet to 327
an angle point on the proposed southerly limited access line, and 328
passing over the centerline survey at a distance of 224.33 feet, 329
the intersection of which is at Station 405 plus 06.15 on the
centerline survey; thence South 71°05'06" West along the limited 330
access line, a distance of 515.23 feet to an angle point; thence 331
along the grantor's property line by the following bearings and 332
distances: South 89°22'52" West a distance of 193.53 feet to an 333
angle point; North 42°26'06" West a distance of 368.80 feet to an 334
angle point on the limited access line, and passing over the 335
10
centerline survey at a distance of 141.65 feet the intersection 336
of which is at Station 395 plus 89.03 on the centerline survey; 337
thence along the limited access line by the following bearings 338
and distances: North 70°22'18" East a distance of 388.57 feet to 339
an angle point; North 60°57'09" East a distance of 590.51 feet to
an angle point; North 88°56'05" East a distance of 156.00 feet to 340
the true place of beginning and containing 390,674 square feet 341
(8.969 acres) of land, more or less. 342
Station 425 plus 49.26 on the centerline survey (Proposed 344
State Route 217) is Station 72 plus 99.30 on the centerline of 345
right-of-way of Riverview Road (County Highway No. 9). 346
Description for the above parcel is based on a survey made 348
by Bryan E. Moody, Registered Surveyor No. 4936. 349
Parcel No. 7 351
Property behind the Westerville Armory. Volume 1048, Page 353
206, Franklin County Deed Records. 354
Situated in the City of Westerville, County of Franklin, 356
State of Ohio, Quarter Township 2, Township 2N, Range 17W, of the 358
United States Military Lands, being part of a 0.3257 acre tract 359
and bounded and described as follows:
Beginning at the Grantors northeasterly corner being 7.50 361
feet right of centerline Station 25+70.81 and the true point of 362
beginning;
Thence South 03°25'16" West with said westerly property 364
line of Board of Education of the Westerville School District 365
(D.V. 1017, Page 135), a distance of 214.60 feet to the northerly 366
property line of the United States Postal Service (OR 17103A-16) 367
and being 7.50 feet right of centerline Station 23+56.21; 368
Thence North 85°04'44" West with the northerly line of said 370
United States Postal Service tract, a distance of 15.01 feet to a 371
point 7.50 feet left of centerline Station 23+56.61; 372
Thence North 03°25'16" East a distance of 214.77 feet to 374
the Grantors northerly line and being 7.50 feet left of 375
centerline Station 25+71.38;
11
Thence South 84°25'42" East, a distance of 15.01 feet to 377
the true point of beginning and containing 0.074 acres of land 379
more or less.
Basis of bearings is a graphic solution taken from the 381
U.S.G.S. Quadrangle Map, Galena Quadrangle, for the old railroad 383
between I.R. 270 and College Avenue having a bearing of North 384
03°25'16" East.
The above description was prepared from an actual survey by 386
Maynard H. Thompson, Professional Surveyor No. 7128. 387
Grantor (City of Westerville) claims title by instrument(s) 389
of record in O.R. 33186, Page D-08, Franklin County Deed Records. 391
(B) At the request of the Adjutant General, the Director 393
of Administrative Services shall, pursuant to the procedures 394
described in division (C) of this section, assist in the sale of 395
any of the parcels described in division (A) of this section. 396
(C) The Adjutant General shall appraise the parcels or 398
have them appraised by one or more disinterested persons for a 399
fee to be determined by the Adjutant General and shall offer the 400
real estate for sale as follows: 401
(1) The Adjutant General first shall offer the real estate 403
at the appraised value to the village or city in which the 405
property is located;
(2) If, after sixty days, the village or city has not 408
accepted the offer to purchase the real estate at the appraised 409
value, the Adjutant General shall offer the real estate at the 410
appraised value to the county in which the real estate is
located; 411
(3) If, after sixty days, the county has not accepted the 413
offer to purchase the real estate at the appraised value, a 414
public auction shall be held and the real estate shall be sold to 415
the highest bidder at a price acceptable to the Adjutant General. 416
The Adjutant General may reject any and all bids. 417
The Adjutant General shall advertise each auction in a 419
newspaper of general circulation within the county in which the 420
12
real estate is located, once a week for two consecutive weeks 421
prior to the date of the auction. The terms of sale shall be ten 422
per cent of the purchase price in cash, bank draft, or certified 423
check on the date of sale, with the balance payable within sixty 424
days after the date of sale. A purchaser who does not complete 425
the conditions of the sale as prescribed in this section shall 426
forfeit the ten per cent of the purchase price to the state as 427
liquidated damages.
(D) Advertising costs, appraisal fees, and other costs of 429
the sales shall be paid by the Adjutant General's Department. 430
(E) Upon payment of ten per cent of the purchase price 432
pursuant to division (C) of this section, or upon notice from the 433
Adjutant General's Department that a parcel of real estate 434
described in division (A) of this section has been sold, a deed 435
shall be prepared for that parcel by the Auditor of State with 436
the assistance of the Attorney General, to be executed by the 437
Governor, countersigned by the Secretary of State, sealed with 439
the Great Seal of the state, and presented for recording in the
Office of the Auditor of State. Upon the grantee's payment of 441
the balance of the purchase price, the deed shall be delivered to 442
the grantee. The grantee shall present the deed for recording in 443
the office of the county recorder of the county in which the real 445
estate is located. 446
(F) The net proceeds of the sales of the parcels described 448
in this section shall be deposited in the State Treasury to the 449
credit of the Armory Improvements Fund within the Adjutant 451
General's Department, pursuant to section 5911.10 of the Revised 452
Code. 453
(G) If a parcel of real estate is sold to a village, city, 455
or county, and if that political subdivision sells the parcel 457
within two years after its purchase, the political subdivision 458
shall pay to the state, to the credit of the Armory Improvements 459
Fund within the Adjutant General's Department pursuant to section 460
5911.10 of the Revised Code, an amount representing one-half of 461
13
any net profit. The net profit shall be computed by subtracting 462
the price at which the political subdivision bought the real 463
estate from the price at which the political subdivision sold the 464
real estate, then subtracting from that remainder the amount of 465
any expenditures the political subdivision made for public 466
improvements to the real estate.
(H) This section shall expire five years after its 468
effective date. 469
Section 3. (A) This section is remedial, with the purpose 471
being to correct an error in the description of the Blanchester 472
Armory in Am. Sub. H.B. 376 of the 121st General Assembly and to 474
authorize the conveyance of the Blanchester Armory. Am. Sub.
H.B. 376 approved the conveyance of the Blanchester Armory, 475
located in Clinton County, Ohio, being no longer needed for 476
armory or military purposes. The description of the armory in 477
that act was inadequate as it included only one of the two 478
parcels of real estate that comprise the Blanchester Armory 479
property. Section 2 of that act contained a description for a 480
parcel of real estate designated as "Parcel No. 15," which is the 481
same parcel as "Parcel No. 1" described in division (B) of this 482
section. The act did not contain a description of an adjacent 483
parcel which is owned by the state and is also part of the 484
Blanchester Armory property. Because of the omission, the 485
Governor's deed to convey the Blanchester Armory property could 486
not be recorded. The adjacent parcel is described in division 487
(B) of this section as "Parcel No. 2." 488
The terms of the conveyance authorized in this section were 490
established by the Director of Administrative Services pursuant 491
to division (B) of Section 2 of Am. Sub. H.B. 376 of the 121st 492
General Assembly. 493
(B) Pursuant to section 5911.10 of the Revised Code, the 495
Governor is hereby authorized to execute a deed in the name of 497
the state conveying to Thomas H. Lagos and his heirs and assigns, 498
all of the state's right, title, and interest in the following 499
14
described real estate and improvements thereon that the Adjutant 500
General has determined are no longer required for armory or 501
military purposes, located in Clinton County and known as the
Blanchester Armory: 502
Parcel No. 1 504
Volume 91, Page 423, Clinton County Deed Records. 506
Situated in the Village of Blanchester, in the County of 508
Clinton, and in the State of Ohio. Being Lot No. (2) Two in J. 509
Baldwin's Addition to the said Village of Blanchester, for a more 510
complete description reference is hereby had to the recorded plat 511
of said addition.
Parcel No. 2 513
Volume 77, Page 602, Clinton County Deed Records. 515
Situated in the County of Clinton and State of Ohio and 517
further described as follows: Town lot No. one (1) in Jonathan 518
Baldwin's Addition to the town of Blanchester which said town lot 519
will be more fully described by reference to the recorded plat of 520
said addition to said town.
(C) The consideration for the conveyance of the real 522
estate described in division (B) of this section is the purchase 523
price of $30,000. 524
(D) The grantee shall pay the costs of the conveyance of 526
the real estate described in division (B) of this section. 527
(E) The net proceeds of the conveyance of the real estate 529
described in division (B) of this section shall be deposited in 530
the State Treasury to the credit of the Armory Improvements Fund 531
in the Adjutant General's Department pursuant to section 5911.10 532
of the Revised Code. 534
(F) Upon payment of the purchase price, the Auditor of 536
State, with the assistance of the Attorney General, shall prepare 537
a deed to the real estate described in division (B) of this 539
section. The deed shall state the consideration. The deed shall 540
be executed by the Governor, countersigned by the Secretary of 541
State, sealed with the Great Seal of the State, presented for 542
15
recording in the Office of the Auditor of State, and delivered to 543
Thomas H. Lagos. Thomas H. Lagos shall present the deed for 544
recording in the Office of the Clinton County Recorder.
(G) This section shall expire two years after its 546
effective date.
Section 4. (A) Pursuant to section 5911.10 of the Revised 548
Code, the Governor is hereby authorized to execute a deed in the 550
name of the state conveying to a buyer or buyers to be determined 551
in the manner provided in division (C) of this section, all of 552
the state's right, title, and interest in the following described 553
real estate that the Adjutant General has determined is no longer 554
required for armory or military purposes:
Property consisting of woods and helicopter pads, located 556
behind the headquarters of the Ohio National Guard in Columbus 557
Ohio. Volume 3288, Page 413, Franklin County Deed Records. 558
Situated in the State of Ohio, County of Franklin, City of 560
Columbus, in Quarter Township 4, Township 2 North, Range 19 West, 562
United State Military Lands and being 9.882 acres out of an 18.68 563
acre tract of land (18.682 acres by recent survey) conveyed as 564
Parcel 1 to State of Ohio (Adjutant General Department) by deed 565
of record in Deed Book 3288, Page 413, Recorder's Office,
Franklin County, Ohio, and being all of a 7.000 acre tract of 566
land conveyed as Parcel 2 to State of Ohio (Adjutant General 567
Department) by deed of record in Deed Book 3288, Page 413, 569
Recorder's Office, Franklin County, Ohio, and bounded and
described as follows: 570
Beginning for reference, at a point in the centerline of 572
West Dublin-Granville Road-Ohio Route 161 (variable width), at 573
the northeast corner of a 0.298 acre tract of land conveyed to 574
City of Columbus for West Dublin-Granville Road right-of-way 575
purposes by deed of record in Official Record 6018, Page C 15,
Recorder's Office, Franklin County, Ohio, and at the northwest 576
corner of an original 89.036 acre tract of land conveyed to the 577
Board of Trustees of the Ohio State University by deed of record 578
16
in Deed Book 2414, Page 345, Recorder's Office, Franklin County, 580
Ohio, said point being N 79°49"20" W a distance of 99.84 feet 581
from a point at the intersection of the centerline of West 582
Dublin-Granville Road with the centerline of Brookdown Drive;
thence S 3°11'16" W along the east line of said 0.298 acre 584
tract, along the east line of a 0.599 acre tract of land conveyed 585
to The Linworth Partnership II by deed of record in Official 586
Record 14446, Page C 03, Recorder's Office, Franklin County, 587
Ohio, along an east line of a 1.292 acre tract of land conveyed 588
to The Linworth Partnership by deed of record in Official Record
5869, Page F 15, Recorder's Office, Franklin County, Ohio, along 589
a portion of the east line of said 18.682 acre tract and along a 590
portion of the west line of said original 89.036 acre tract a 591
distance of 1,360.07 feet to a 3/4-inch I.D. iron pipe set at the 592
true place of beginning of the tract herein intended to be 593
described (passing a 1/2-inch I.D. iron pipe found at the
northeast corner of said 18.682 acre tract and at the southeast 594
corner of said 1.292 acre tract at 553.19 feet); 595
thence continuing S 3°11'16" W along a portion of the east 597
line of said 18.682 acre tract and along a portion of a west line 598
of said original 89.036 acre tract a distance of 910.50 feet to a 599
railroad spike found at the southeast corner of said 18.682 acre 600
tract, at a southwest corner of said original 89.036 acre tract 601
and in the north line of a 25.03 acre tract of land conveyed to 602
The State of Ohio by deed of record in Deed Book 1194, Page 11, 603
Recorder's Office, Franklin County, Ohio;
thence N 86°18'44" W along the south line of said 18.682 605
acre tract and along a portion of the north line of said 25.03 606
acre tract a distance of 473.88 feet to a railroad spike found at 607
the southwest corner of said 18.682 acre tract, at the southeast 608
corner of said 7.000 acre tract, at the northwest corner of said 609
25.03 acre tract, at the southeast corner of an original 55.52
acre tract of land conveyed to Board of Trustees of The Ohio 610
State University by deed of record in Deed Book 3268, Page 533, 611
17
Recorder's Office, Franklin County, Ohio, said 7.000 acre tract 612
having been conveyed out of said original 55.52 acre tract, and 613
at the northeast corner of a 48.70 acre tract of land conveyed to 614
The State of Ohio by deed of record in Deed Book 1194, Page 480,
Recorder's Office, Franklin County, Ohio 615
thence N 86°21'44" W along the south line of said 7.000 617
acre tract, along a portion of the south line of said original 618
55.52 acre tract and along a portion of the north line of said 619
48.70 acre tract a distance of 522.40 feet to a 1-34-inch I.D. 620
iron pipe found at the southwest corner of said 7.000 acre tract; 621
thence N 3°11'16" E along the west line of said 7.000 acre 623
tract a distance of 583.69 feet to a 3/4-inch I.D. iron pipe 624
found at the northwest corner of said 7.000 acre tract; 625
thence S 86°21'44" E along the north line of said 7.000 627
acre tract a distance of 522.40 feet to a 1-1/8-inch diameter 628
solid iron pipe found at the northeast corner of said 7.000 acre 629
tract, in the east line of said original 55.52 acre tract and in 630
the west line of said 18.682 acre tract;
thence N 3°11'16" E along a portion of the west line of 632
said 18.862 acre tract and along a portion of the east line of 633
said original 55.52 acre tract a distance of 322.68 feet to a 634
3/4-inch I.D. iron pipe set;
thence S 86°48"44" E crossing said 18.682 acre tract, 636
perpendicular to the west line of said 18.682 acre tract and 637
perpendicular to the east line of said original 55.52 acre tract 638
a distance of 473.86 feet to the true place of beginning; 639
containing 16.882 acres of land more or less and being 641
subject to all easements and restrictions of record. 642
The above description was prepared by Richard J. Bull, Ohio 644
surveyor No. 4723, of C.E. Bird and R.J. Bull, Inc., Consulting 645
Engineers & Surveyors, Columbus, Ohio, from an actual field 646
survey performed under his supervision in August, 1995. Basis of 647
bearings is the Ohio State Plane Coordinate system South zone and 648
North American Datum of 1983, as established by the Franklin
18
County Engineer's Survey Department in 1987. 649
(B) At the request of the Adjutant General, the Director 651
of Administrative Services shall, pursuant to the procedures 652
described in division (C) of this section, assist in the sale of 653
the real estate described in division (A) of this section. 654
(C) The Adjutant General's Department shall appraise the 656
parcel or have it appraised by one or more disinterested persons 657
for a fee to be determined by the Adjutant General, and shall 658
offer the real estate for sale as follows: 659
(1) The Adjutant General shall notify the Director of 661
Administrative Services of the appraised value of the real estate 662
and the Director of Administrative Services shall, within thirty 663
days, provide notice to the Adjutant General of any state 664
interest in the real estate.
(2) If, after thirty days, the Director of Administrative 666
Services has not provided the Adjutant General with notice of any 667
state interest in the real estate at the appraised value, the 668
Adjutant General shall offer the real estate at the appraised 669
value to the City of Columbus;
(3) If, after sixty days, the City of Columbus has not 671
accepted the offer to purchase the real estate at the appraised 672
value, the Adjutant General shall offer the real estate at the 673
appraised value to the Board of County Commissioners of Franklin 674
County;
(4) If, after sixty days, the Board of County 676
Commissioners of Franklin County has not accepted the offer to 677
purchase the real estate at the appraised value, a public auction 678
shall be held and the real estate shall be sold to the highest 679
bidder at a price acceptable to the Adjutant General. The 680
Adjutant General may reject any and all bids. 681
The Adjutant General shall advertise the auction in a 683
newspaper of general circulation in Franklin County once a week 685
for two consecutive weeks prior to the date of the auction. The 686
terms of sale shall be ten per cent of the purchase price in 687
19
cash, bank draft, or certified check on the date of sale with the 688
balance payable within sixty days after the date of sale. A 689
purchaser who does not complete the conditions of the sale as 690
prescribed in this section shall forfeit the ten per cent of the 691
purchase price to the state as liquidated damages.
(D) Advertising costs, appraisal fees, and other costs 693
incident to the sale shall be paid by the Adjutant General's 694
Department.
(E) Upon payment of ten per cent of the purchase price 696
pursuant to division (C) of this section or upon notice from the 697
Adjutant General's Department that the parcel of real estate 698
described in division (A) of this section has been sold, a deed 699
shall be prepared by the Auditor of State with the assistance of 700
the Attorney General, to be executed by the Governor, 701
countersigned by the Secretary of State, sealed with the Great 702
Seal of the State, and presented for recording in the Office of 704
the Auditor of State. The deed shall be delivered to the grantee 708
upon the grantee's payment of the balance of the purchase price.
The grantee shall present the deed for recording in the Office of 710
the Franklin County Recorder. 711
(F) If the real estate described in division (A) of this 713
section is conveyed pursuant to this section to The Ohio State 715
University, the City of Columbus, or Franklin County, and if the 716
University, the City of Columbus, or Franklin County sells the 717
real estate within two years after its purchase, the University, 718
the City of Columbus, or Franklin County shall pay to the state,
to the credit of the Armory Improvements Fund within the Adjutant 720
General's department pursuant to section 5911.10 of the Revised 722
Code, an amount representing one-half of any net profit. The net 723
profit shall be computed by subtracting the price at which the 724
University, the City of Columbus, or Franklin County bought the
real estate from the price at which the University, the City of 726
Columbus, or Franklin County sold the real estate, then 727
subtracting from that remainder the amount of any expenditures 728
20
the University, the City of Columbus, or Franklin County made for 729
public improvements to the real estate. 731
(G) The net proceeds of the sale of the real estate 733
described in this section shall be deposited in the State 734
Treasury to the credit of the Armory Improvements Fund within the 735
Adjutant General's Department pursuant to section 5911.10 of the 736
Revised Code. 737
(H) This section shall expire five years after its 739
effective date. 740