As Passed by the House 1
123rd General Assembly 4
Regular Session Am. H. B. No. 479 5
1999-2000 6
REPRESENTATIVES DAMSCHRODER-VESPER-FORD-HOOPS-OGG-WOMER BENJAMIN- 8
BRADING-WILLAMOWSKI-GRENDELL-CLANCY-TAYLOR-THOMAS-TERWILLEGER- 9
EVANS-MEAD-GOODING-CAREY-HARTNETT-SALERNO 10
_________________________________________________________________ 11
A B I L L
To authorize the Adjutant General to transfer 13
specified parcels of state-owned real estate no 14
longer needed for armory or military purposes to 15
the grantor of each parcel pursuant to the
reversionary clause in each parcel's deed, to 16
authorize the conveyance of state-owned real 17
estate that the Adjutant General has determined 18
is no longer required for military or armory
purposes to a buyer or buyers to be determined at 19
a later date, and to authorize the conveyance of 20
state-owned real estate known as the Blanchester 21
Armory to Thomas J. Lagos.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. The Adjutant General has determined that the 25
following described properties are no longer needed by the Ohio 26
National Guard for armory or military purposes. The reversionary 27
language contained in the deeds for those properties requires 28
that each property revert back to the grantor if the property 29
ceases to be used for military purposes. The Adjutant General is 30
hereby authorized to give proper effect to the reversionary 31
language in the original deeds. Deeds shall be prepared by the 33
Auditor of State with the assistance of the Attorney General, to 34
be executed by the Governor, countersigned by the Secretary of 35
State, sealed with the Great Seal of the State, and presented for 36
2
recording in the Office of the Auditor of State. Each deed shall 37
be delivered to the original grantor of each property for 38
recording in the office of the appropriate county recorder. The 39
Governor is hereby authorized to execute deeds in the name of the 40
state, granting all of the state's right, title, and interest in 41
the parcels described as follows:
Parcel No. 1 43
Willoughby Armory Property, Volume 218, Page 110, Lake 45
County Deed Records. And being, respectively, parcel numbers 47
27A-023E-00-024-0, 27A-023E-00-025-0, 27A-023E-00-026-0, 48
27A-023E-00-027-0, 27A-023E-00-028-0, 27A-023E-00-029-0, 49
27A-023E-00-030-0, 27A-023E-00-031-0, 27A-023E-00-032-0, 50
27A-023E-00-033-0, 27A-023E-00-013-0, 27A-023E-00-012-0, 51
27A-023E-00-011-0, 27A-023E-00-010-0, 27A-023E-00-009-0, 52
27A-023E-00-008-0, 27A-023E-00-007-0, 27A-023E-00-006-0, 53
27A-023E-00-005-0, 27A-023E-00-018-0, 27A-023E-00-019-0, 54
27A-023E-00-020-0, 27A-023E-00-021-0, 27A-023E-00-022-0, 55
27A-023E-00-023-0, 27A-023E-00-014-0, 27A-023E-00-015-0, 56
27A-023E-00-016-0, and 27A-023E-00-017-0 of the Lake County 57
Auditor's Records.
Situated in the Village of Willoughby, County of Lake, and 59
State of Ohio: and known as Sublots Nos. 343, 344, 345, 346, 347, 60
348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 61
361, 366, 367, 368, 369, 370, 371, 372, 373, 374, and 375 in the 62
Cleveland Willoughby Realty Company's Orchard Park Allotment No. 63
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, 64
but subject to all legal highways. 65
Parcel No. 1 shall revert to the City (formerly Village) of 67
Willoughby. 68
Parcel No. 2 70
Property originally provided for the construction of an 72
armory in the City of Lorain, Ohio, Volume 469, Page 183, Lorain 73
County Deed Records. 74
3
Situated in Great Lots Nos. 94, 95, 99, and 100 in 76
Sheffield Township, City of Lorain, County of Lorain, and State 77
of Ohio, and being a parcel of land, approximately 400 feet 78
square, in the Southwest corner of Oakwood Park as conveyed to 79
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 81
particularly described as follows: 82
Commencing at an iron pin at the Northeast corner of 84
Clinton Avenue and East 36th Street, thence East along North line 85
of East 36th Street a distance of 400 feet to a point; thence 87
Northerly on a line parallel with Clinton Avenue, a distance of 88
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 89
line of Clinton Avenue; thence Southerly along the East line of 91
Clinton Avenue a distance of 400 feet to the place of beginning 92
and containing approximately 3.67 acres of land 93
Parcel No. 2 shall revert to the City of Lorain. 95
Parcel No. 3 97
Napoleon Motor Vehicle Storage Building Property, Volume 99
153, Page 309, Henry County Deed Records. And being Parcel 100
Number 41-230056.0000 of the Henry County Auditor's Records. 101
Situated in the northwest quarter of Section 23, Township 5 103
North, Range 6 East in Napoleon Township, Village (now City) of 105
Napoleon, Henry County, Ohio, to-wit: 106
Beginning at an iron pipe on the west line of said Section 108
23 and on the center line of the Jahns Road, thence north 88 110
degrees and 36 minutes east 366.1 feet to an iron pin, thence 111
north 78 degrees and 20 minutes east 281.8 feet to an iron pin, 113
thence south 6 minutes west 105.7 feet to an iron pin, thence
south 36 degrees and 53 minutes west 277.1 feet to an iron pin, 115
thence south 82 degrees and 14 minutes west 262.5 feet to an iron 116
pin on the centerline of the Jahns Road, thence north 36 degrees 117
and 1 minute west 366.85 feet along the center line of the Jahns 118
Road to the place of beginning containing 3.249 Acres of land but
4
subject to all legal highways. 119
Parcel No. 3 shall revert to the City (formerly Village) of 121
Napoleon.
Section 2. (A) Pursuant to section 5911.10 of the Revised 123
Code, the Governor is hereby authorized to execute a deed in the 124
name of the state conveying to a buyer or buyers to be determined 125
in the manner provided in division (C) of this section, all of 126
the state's right, title, and interest in the following described 127
parcels of real estate that the Adjutant General has determined 128
are no longer required for armory or military purposes: 129
Parcel No. 1 131
Toledo Secor Road Armory Property, Volume 766, Page 480, 133
Lucas County Deed Records. 134
The North Six (6) acres of the North One-half (1/2) of the 136
Northeast One Quarter (1/4) of the Southeast One Quarter (1/4) of 138
Section Eighteen (18), Town Nine (9) South, Range Seven (7) East, 139
in Washington Township, Lucas County, Ohio, except therefrom the 141
South Forty-eight (48) feet of the East One Hundred and Fifty 142
(150) feet thereof, said excepted premises being the premises 143
conveyed by the Grantor to Samuel B. Wood and J. M. Wilson.
The above described parcel of land is subject to any and 145
all easements and restrictions of record. 146
Parcel No. 2 147
Ravenna Armory Property, Volume 325, Page 64, Portage 149
County Deed Records. 150
Situated in the Township and City of Ravenna, County of 152
Portage and State of Ohio: Situated in Township Lot 21, south 153
division of lots, Ravenna Township, Portage County, Ohio. 154
Beginning at a point in the east line of Freedom Road at its 155
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; 156
thence easterly along the south line of Lot #21 a distance of 157
about 538 feet to the intersection with the west line of Maple 159
Street extended; thence northerly a distance of 153 feet; thence 160
5
westerly a distance of about 538 feet to the east line of Freedom 161
Street; thence Southerly along the east line of Freedom Street a 162
distance of 153 feet to the place of beginning, containing 1.89 163
acres more or less, but subject to all legal highways. Being the 164
southwest corner of what has long been known as the Portage 166
County fair ground property.
Parcel No. 3 168
Portsmouth Armory Property, Volume 380, Page 598, Scioto 170
County Deed Records. 171
Situated in the City of Portsmouth, County of Scioto and 173
State of Ohio (Formerly in Clay Township), to-wit: Beginning at 174
a point in the north property line of 17th Street, said point 175
being Two Hundred Ten Feet (210 ft.) east of the center line of 176
High Street; said point being also Fifty Feet (50 ft.) east of 177
the first alley east of High Street; thence in a northwardly
direction parallel to the east property line of the first alley 178
east of High Street with a line bearing North 5 deg. 30 min, east 179
450 feet to a point; thence in an eastwardly direction parallel 180
to the north property line of 17th Street with a line bearing 181
South 85 deg. 17 min. East 231 feet, more or less, to a point on 182
the east property line of a 3.93 acre tract of the Grantor
herein; thence in a southwardly direction with the east line of 183
said tract and bearing South 2 deg. 12 min. West, 158 feet, more 184
or less, to a corner of said tract; thence in an eastwardly 185
direction with the lines of said tract as follows:- South 86 186
deg. 54 min. East, 152.4 feet to a point; thence in a southwardly 187
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 188
17th Street; thence in a westwardly direction with the north 190
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 191
less, and being 3.147 acres off the 3.93 acre tract, known as the 192
"First Tract," and 0.361 acres off the 1.715 acre tract known as 193
the "Second Tract," in a deed made to Grantors herein, by Johnson 194
6
and Duis Inc., dated July 1, 1938, and recorded in Deed Book 236, 195
Page 291 of Scioto County Record of Deeds.
Together with an easement as means of ingress and egress to 197
said premises from the first alley east of High Street in said 198
city over the following described premises, to-wit: 199
Beginning at a point in the east property line of the first 201
alley east of High Street, said point bearing North 5 deg., 30 202
min. East 450 feet North of the intersection of the east property 203
line of the first alley east of High Street, with the north 204
property line of 17th Street; thence in an eastwardly direction 205
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 206
herein conveyed to the City of Portsmouth, Ohio, for Armory 208
Purposes; thence in a southwardly direction with the west line of
said tract and parallel to the east property line of the first 209
alley easy of High Street; South 5 deg., 30 min. West, 30 feet to 210
a point; thence in a westwardly direction with a line bearing 211
North 85 deg., 17 min. West, 50 feet to a point in the east 212
property line of aforesaid alley; thence in a northwardly
direction with the east line of the aforesaid alley North 5 deg., 213
30 min. east, 30 feet to the point of beginning containing 0.0344 214
acres more or less.
Parcel No. 4 216
Shreve Armory Property, which consists of two parts: (A) 218
Volume 198, Page 373, and (B) Volume 198, Page 372, Wayne County 219
Deed Records. And being, respectively, parcel numbers 221
20-01148.000, 20-01146.000, and 20-01147.000 of the Wayne County 222
Auditor's Duplicate.
Part A 224
Situated in the Village of Shreve, County of Wayne, and 226
State of Ohio; and known as the East part of in-lots numbered Two 227
Hundred and Nineteen (219) and Two Hundred and Twenty (220), 228
bounded and described as follows: - Beginning at the Northeast 229
corner of said Lot number Two Hundred and Twenty (220); thence
7
South along the East lines of said Lots 220 and 219, to the 230
South-east corner of said Lot No. 219; thence West on the South 231
line of said Lot 219, Eighty-eight (88) Feet; thence North and 232
parallel with the East line of said Lots, one hundred and Twenty 233
(120) Feet to the North line of Lot 220; thence East on the North 234
line of Lot 220 Eighty-eight (88) Feet to the North-east corner 235
of said Lot, the place of beginning.
Part B 237
Situated in the Village of Shreve, County of Wayne, and 239
State of Ohio: and known as the East half of In-Lot number Two 240
Hundred and Eighteen (218).
Parcel No. 5 242
Fremont Armory Property, Volume 133, Page 180, Sandusky 244
County Deed Records. 245
Situated in the City of Fremont, County of Sandusky, and 247
State of Ohio, and known as a part of Outlot number fifty (50), 248
more particularly described as commencing at a point on the north 249
line of said Outlot and two hundred and thirty (230) feet 250
northwestly from the north-east corner of said Outlot; thence in 252
a northwesterly direction, on the north line of said Outlot, one
hundred (100) feet; thence southwesterly, at right angles to the 253
north line of said Outlot, three hundred forty and one-half (340 254
1/2) feet; thence southeasterly, parallel with the north line of 255
said Outlot, one hundred (100) feet; thence northeasterly three 256
hundred forty and one-half (340 1/2) feet to the place of
beginning, be the same more or less, but subject to all legal 257
highways.
Parcel No. 6 259
Boston Mills Organizational Maintenance Shop and other 261
related facilities, Volume 1540, Pages 411 & 412 and 413-415, 262
Summit County Deed Records. And being parcel number 06-00493 of 263
the Summit County Auditor's Records. 264
Part A 266
Situated in the Township of Boston, County of Summit, and 268
8
State of Ohio; more particularly described as follows: 269
Being a part of Lot 2, Tract 1, in said Township, beginning 271
at a southwest corner of 80.45 acres of land, deeded by George 272
Kellogg to F.W. Kellogg March 9th, 1872, in the center of the 273
Brewery Road, so-called, at a stake in the line between the north 275
and south half of said Lot 2, and which point is southwesterly 276
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 277
northeasterly along the center of said Road as now traveled, 278
26.33 1/2 chains to a stake at the center of the Culvert; thence 279
south 26 degrees east 3 chains to a stake; thence southwesterly 280
to a point in the division line between the north and south half 281
of said Lot 2, 11.25 chains distant from the first mentioned
stake in the center of the Brewery Road; thence north 89 3/4 282
degrees west along said division line 11 chains and 25 links to 283
the place of beginning, containing 10 acres of land, be the same 284
more or less, but subject to all legal highways.
Being the same piece of property conveyed by Mary C. & W.H. 286
Smith to Harry M. Farnsworth as shown by recorded deed in Volume 287
328, page 579 of Summit County Records being subsequently 288
conveyed by said Harry M. Farnsworth and wife to The American 289
Agricultural Chemical Company (of Connecticut) by deed dated
November 18th, 1905, and recorded in Summit County Records in 290
Volume 627, Page 432, and being subsequently conveyed by The 291
American Agricultural Chemical Company (of Connecticut) to The 292
American Agricultural Chemical Company (of Delaware) by deed 293
dated June 30th, 1930, and recorded in Summit County Records in 294
Volume 1352, Pages 420-421, and finally conveyed to the State of
Ohio by Harvey J. Webster et ux by deed dated July 1, 1933. 295
Part B 297
Situated in the Township of Boston, County of Summit, and 299
State of Ohio: and being part of Original Lot No. 2, Tract 1, in 300
said Township and being further described as follows: 301
Beginning in the center line of Brewery Road at its 303
9
intersection with the northerly line of Grantor's lands, said 304
beginning point being distant southwesterly along the center line 305
of Brewery Road 28.22 1/2 chains from the North line of said Lot 306
2, said beginning point being also the southwest corner of 80.45 307
acres of lands deeded by George Kellogg to F.W. Kellogg, March 9,
1872. 308
Thence South 89 degrees 45'00" East along the Northerly 310
line of Grantor's lands, said Northerly line being the southerly 312
line of lands conveyed to F.W. Kellogg as aforesaid a distance of 313
900 feet to a point.
Thence South 12 degrees 37'30" West a distance of 700 feet 315
to a point.
Thence North 89 degrees 45'00" West along a line parallel 317
with the first described line a distance of 650 feet to a point. 318
Thence northwesterly along a line that intersects the 320
center line of Brewery Road at a point distance Southwesterly 400 321
ft. from the intersection of said center line with the Northerly 322
line of Grantor's land as aforesaid.
Thence Northeasterly along the center line of Brewery Road 324
400 feet to the place of beginning containing 15.257 acres of 325
land be the same more or less but subject to all legal highways, 326
and being transferred by a deed from Gilbert Cassity et al to the 327
State of Ohio, by a deed dated June 12th, 1933.
LESS THE FOLLOWING DESCRIBED PARCEL, GIVEN BY "DEPARTMENTAL 329
TRANSFER OF STATE-OWNED LANDS" FROM THE ADJUTANT GENERAL'S 330
DEPARTMENT TO THE OHIO DEPARTMENT OF HIGHWAYS, ON DECEMBER 1, 331
1966.
Situated in Boston Township, Summit County, State of Ohio, 333
Lot 2, Town 4-North, Range 11 West, and bounded and described as 334
follows:
Being a parcel of land lying on the left and right sides of 336
the centerline of a survey made by the Department of Highways, 337
and recorded in Book 68, Pages 5-14, of the records of Summit 338
County and being located within the following described points in 339
10
the boundary thereof:
Beginning at the intersection of the centerline tangent of 341
Riverview Road (County Highway No. 9) with the north line of said 342
Lot 2; said intersection being at right angles to and 599.99 feet 343
left of Station 425 plus 95.97 on the centerline survey above 344
referred to; thence along the centerline tangents of Riverview 345
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" 346
East a distance of 185.40 feet to an angle point on the proposed 347
limited access line; thence along said limited access line by the 348
following bearings and distances; South 54°14'22" West a distance 349
of 179.03 feet to an angle point; North 35°45'38" West a distance 350
of 232.83 feet to an angle point; South 54°14'22" West a distance 351
of 650.00 feet to an angle point; South 8°48'58" West a distance 352
of 140.09 feet to an angle point; South 55°21'44" West a distance 353
of 926.04 feet to the true place of beginning, said point of 354
beginning being an angle break in the grantor's easterly property 355
line on a radial line to an 173.44 feet left of Station 406 plus 357
50.07 on the centerline survey; thence South 11°42'11" West along 358
the grantor's easterly property line a distance of 534.33 feet to 359
an angle point on the proposed southerly limited access line, and 360
passing over the centerline survey at a distance of 224.33 feet, 361
the intersection of which is at Station 405 plus 06.15 on the
centerline survey; thence South 71°05'06" West along the limited 362
access line, a distance of 515.23 feet to an angle point; thence 363
along the grantor's property line by the following bearings and 364
distances: South 89°22'52" West a distance of 193.53 feet to an 365
angle point; North 42°26'06" West a distance of 368.80 feet to an 366
angle point on the limited access line, and passing over the 367
centerline survey at a distance of 141.65 feet the intersection 368
of which is at Station 395 plus 89.03 on the centerline survey; 369
thence along the limited access line by the following bearings 370
and distances: North 70°22'18" East a distance of 388.57 feet to 371
an angle point; North 60°57'09" East a distance of 590.51 feet to
11
an angle point; North 88°56'05" East a distance of 156.00 feet to 372
the true place of beginning and containing 390,674 square feet 373
(8.969 acres) of land, more or less. 374
Station 425 plus 49.26 on the centerline survey (Proposed 376
State Route 217) is Station 72 plus 99.30 on the centerline of 377
right-of-way of Riverview Road (County Highway No. 9). 378
Description for the above parcel is based on a survey made 380
by Bryan E. Moody, Registered Surveyor No. 4936. 381
Parcel No. 7 383
Property behind the Westerville Armory. Volume 1048, Page 385
206, Franklin County Deed Records. 386
Situated in the City of Westerville, County of Franklin, 388
State of Ohio, Quarter Township 2, Township 2N, Range 17W, of the 390
United States Military Lands, being part of a 0.3257 acre tract 391
and bounded and described as follows:
Beginning at the Grantors northeasterly corner being 7.50 393
feet right of centerline Station 25+70.81 and the true point of 394
beginning;
Thence South 03°25'16" West with said westerly property 396
line of Board of Education of the Westerville School District 397
(D.V. 1017, Page 135), a distance of 214.60 feet to the northerly 398
property line of the United States Postal Service (OR 17103A-16) 399
and being 7.50 feet right of centerline Station 23+56.21; 400
Thence North 85°04'44" West with the northerly line of said 402
United States Postal Service tract, a distance of 15.01 feet to a 403
point 7.50 feet left of centerline Station 23+56.61; 404
Thence North 03°25'16" East a distance of 214.77 feet to 406
the Grantors northerly line and being 7.50 feet left of 407
centerline Station 25+71.38;
Thence South 84°25'42" East, a distance of 15.01 feet to 409
the true point of beginning and containing 0.074 acres of land 411
more or less.
Basis of bearings is a graphic solution taken from the 413
U.S.G.S. Quadrangle Map, Galena Quadrangle, for the old railroad 415
12
between I.R. 270 and College Avenue having a bearing of North 416
03°25'16" East.
The above description was prepared from an actual survey by 418
Maynard H. Thompson, Professional Surveyor No. 7128. 419
Grantor (City of Westerville) claims title by instrument(s) 421
of record in O.R. 33186, Page D-08, Franklin County Deed Records. 423
(B) At the request of the Adjutant General, the Director 425
of Administrative Services shall, pursuant to the procedures 426
described in division (C) of this section, assist in the sale of 427
any of the parcels described in division (A) of this section. 428
(C) The Adjutant General shall appraise the parcels or 430
have them appraised by one or more disinterested persons for a 431
fee to be determined by the Adjutant General and shall offer the 432
real estate for sale as follows: 433
(1) The Adjutant General first shall offer the real estate 435
at the appraised value to the village, township, or city in which 436
the property is located; 437
(2) If, after sixty days, the village, township, or city 439
has not accepted the offer to purchase the real estate at the 440
appraised value or if the village, city, or township has accepted 441
the offer but has failed to complete the purchase, the Adjutant 442
General shall offer the real estate at the appraised value to the 444
county in which the real estate is located; 445
(3) If, after sixty days, the county has not accepted the 447
offer to purchase the real estate at the appraised value or if 448
the county has accepted the offer but has failed to complete the 449
purchase, a public auction shall be held and the real estate 450
shall be sold to the highest bidder at a price acceptable to the 451
Adjutant General. The Adjutant General may reject any and all 452
bids for any reason whatsoever.
The Adjutant General shall advertise each auction in a 454
newspaper of general circulation within the county in which the 455
real estate is located, once a week for two consecutive weeks 456
prior to the date of the auction. The terms of sale shall be 457
13
payment of ten per cent of the purchase price, as bid by the 458
highest bidder, in cash, bank draft, or certified check on the 459
date of sale, with the balance payable within sixty days after 460
the date of sale. A purchaser who does not complete the 461
conditions of the sale as prescribed in this section shall 462
forfeit the ten per cent of the purchase price to the state as 463
liquidated damages.
(D) Advertising costs, appraisal fees, and other costs of 465
the sales shall be paid by the Adjutant General's Department. 466
(E) Upon payment of ten per cent of the purchase price 468
pursuant to division (C) of this section, or upon notice from the 469
Adjutant General's Department that a parcel of real estate 470
described in division (A) of this section has been sold in 471
accordance with division (C) of this section, a deed shall be 472
prepared for that parcel by the Auditor of State with the 473
assistance of the Attorney General, to be executed by the 474
Governor, countersigned by the Secretary of State, sealed with 476
the Great Seal of the state, and presented for recording in the
Office of the Auditor of State. Upon the grantee's payment of 478
the balance of the purchase price, the deed shall be delivered to 479
the grantee. The grantee shall present the deed for recording in 480
the office of the county recorder of the county in which the real 482
estate is located. 483
(F) The net proceeds of the sales of the parcels described 485
in this section shall be deposited in the State Treasury to the 486
credit of the Armory Improvements Fund within the Adjutant 488
General's Department, pursuant to section 5911.10 of the Revised 489
Code. 490
(G) If a parcel of real estate is sold to a village, city, 492
township, or county, and if that political subdivision sells the 494
parcel within two years after its purchase, the political
subdivision shall pay to the state, to the credit of the Armory 495
Improvements Fund within the Adjutant General's Department 497
pursuant to section 5911.10 of the Revised Code, an amount
14
representing one-half of any net profit. The net profit shall be 498
computed by subtracting the price at which the political 499
subdivision bought the real estate from the price at which the 500
political subdivision sold the real estate, then subtracting from 501
that remainder the amount of any expenditures the political 502
subdivision made for improvements to the real estate. 503
(H) This section shall expire five years after its 505
effective date. 506
Section 3. (A) This section is remedial, with the purpose 508
being to correct an error in the description of the Blanchester 509
Armory in Am. Sub. H.B. 376 of the 121st General Assembly and to 511
authorize the conveyance of the Blanchester Armory. Am. Sub.
H.B. 376 approved the conveyance of the Blanchester Armory, 512
located in Clinton County, Ohio, being no longer needed for 513
armory or military purposes. The description of the armory in 514
that act was inadequate as it included only one of the two 515
parcels of real estate that comprise the Blanchester Armory 516
property. Section 2 of that act contained a description for a 517
parcel of real estate designated as "Parcel No. 15," which is the 518
same parcel as "Parcel No. 1" described in division (B) of this 519
section. The act did not contain a description of an adjacent 520
parcel which is owned by the state and is also part of the 521
Blanchester Armory property. Because of the omission, the 522
Governor's deed to convey the Blanchester Armory property could 523
not be recorded. The adjacent parcel is described in division 524
(B) of this section as "Parcel No. 2." 525
The terms of the conveyance authorized in this section were 527
established by the Director of Administrative Services pursuant 528
to division (B) of Section 2 of Am. Sub. H.B. 376 of the 121st 529
General Assembly. 530
(B) Pursuant to section 5911.10 of the Revised Code, the 532
Governor is hereby authorized to execute a deed in the name of 534
the state conveying to Thomas H. Lagos and his heirs and assigns, 535
all of the state's right, title, and interest in the following 536
15
described real estate and improvements thereon that the Adjutant 537
General has determined are no longer required for armory or 538
military purposes, located in Clinton County and known as the
Blanchester Armory: 539
Parcel No. 1 541
Volume 91, Page 423, Clinton County Deed Records. 543
Situated in the Village of Blanchester, in the County of 545
Clinton, and in the State of Ohio. Being Lot No. (2) Two in J. 546
Baldwin's Addition to the said Village of Blanchester, for a more 547
complete description reference is hereby had to the recorded plat 548
of said addition.
Parcel No. 2 550
Volume 77, Page 602, Clinton County Deed Records. 552
Situated in the County of Clinton and State of Ohio and 554
further described as follows: Town lot No. one (1) in Jonathan 555
Baldwin's Addition to the town of Blanchester which said town lot 556
will be more fully described by reference to the recorded plat of 557
said addition to said town.
(C) The consideration for the conveyance of the real 559
estate described in division (B) of this section is the purchase 560
price of $30,000. 561
(D) The grantee shall pay the costs of the conveyance of 563
the real estate described in division (B) of this section. 564
(E) The net proceeds of the conveyance of the real estate 566
described in division (B) of this section shall be deposited in 567
the State Treasury to the credit of the Armory Improvements Fund 568
in the Adjutant General's Department pursuant to section 5911.10 569
of the Revised Code. 571
(F) Upon payment of the purchase price, the Auditor of 573
State, with the assistance of the Attorney General, shall prepare 574
a deed to the real estate described in division (B) of this 576
section. The deed shall state the consideration. The deed shall 577
be executed by the Governor, countersigned by the Secretary of 578
State, sealed with the Great Seal of the State, presented for 579
16
recording in the Office of the Auditor of State, and delivered to 580
Thomas H. Lagos. Thomas H. Lagos shall present the deed for 581
recording in the Office of the Clinton County Recorder.
(G) This section shall expire two years after its 583
effective date.
Section 4. (A) Pursuant to section 5911.10 of the Revised 585
Code, the Governor is hereby authorized to execute a deed in the 587
name of the state conveying to a buyer or buyers to be determined 588
in the manner provided in division (C) of this section, all of 589
the state's right, title, and interest in the following described 590
real estate that the Adjutant General has determined is no longer 591
required for armory or military purposes:
Property consisting of woods and helicopter pads, located 593
behind the headquarters of the Ohio National Guard in Columbus 594
Ohio. Volume 3288, Page 413, Franklin County Deed Records. 595
Situated in the State of Ohio, County of Franklin, City of 597
Columbus, in Quarter Township 4, Township 2 North, Range 19 West, 599
United State Military Lands and being 9.882 acres out of an 18.68 600
acre tract of land (18.682 acres by recent survey) conveyed as 601
Parcel 1 to State of Ohio (Adjutant General Department) by deed 602
of record in Deed Book 3288, Page 413, Recorder's Office,
Franklin County, Ohio, and being all of a 7.000 acre tract of 603
land conveyed as Parcel 2 to State of Ohio (Adjutant General 604
Department) by deed of record in Deed Book 3288, Page 413, 606
Recorder's Office, Franklin County, Ohio, and bounded and
described as follows: 607
Beginning for reference, at a point in the centerline of 609
West Dublin-Granville Road-Ohio Route 161 (variable width), at 610
the northeast corner of a 0.298 acre tract of land conveyed to 611
City of Columbus for West Dublin-Granville Road right-of-way 612
purposes by deed of record in Official Record 6018, Page C 15,
Recorder's Office, Franklin County, Ohio, and at the northwest 613
corner of an original 89.036 acre tract of land conveyed to the 614
Board of Trustees of the Ohio State University by deed of record 615
17
in Deed Book 2414, Page 345, Recorder's Office, Franklin County, 617
Ohio, said point being N 79°49"20" W a distance of 99.84 feet 618
from a point at the intersection of the centerline of West 619
Dublin-Granville Road with the centerline of Brookdown Drive;
thence S 3°11'16" W along the east line of said 0.298 acre 621
tract, along the east line of a 0.599 acre tract of land conveyed 622
to The Linworth Partnership II by deed of record in Official 623
Record 14446, Page C 03, Recorder's Office, Franklin County, 624
Ohio, along an east line of a 1.292 acre tract of land conveyed 625
to The Linworth Partnership by deed of record in Official Record
5869, Page F 15, Recorder's Office, Franklin County, Ohio, along 626
a portion of the east line of said 18.682 acre tract and along a 627
portion of the west line of said original 89.036 acre tract a 628
distance of 1,360.07 feet to a 3/4-inch I.D. iron pipe set at the 629
true place of beginning of the tract herein intended to be 630
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 631
corner of said 1.292 acre tract at 553.19 feet); 632
thence continuing S 3°11'16" W along a portion of the east 634
line of said 18.682 acre tract and along a portion of a west line 635
of said original 89.036 acre tract a distance of 910.50 feet to a 636
railroad spike found at the southeast corner of said 18.682 acre 637
tract, at a southwest corner of said original 89.036 acre tract 638
and in the north line of a 25.03 acre tract of land conveyed to 639
The State of Ohio by deed of record in Deed Book 1194, Page 11, 640
Recorder's Office, Franklin County, Ohio;
thence N 86°18'44" W along the south line of said 18.682 642
acre tract and along a portion of the north line of said 25.03 643
acre tract a distance of 473.88 feet to a railroad spike found at 644
the southwest corner of said 18.682 acre tract, at the southeast 645
corner of said 7.000 acre tract, at the northwest corner of said 646
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 647
State University by deed of record in Deed Book 3268, Page 533, 648
18
Recorder's Office, Franklin County, Ohio, said 7.000 acre tract 649
having been conveyed out of said original 55.52 acre tract, and 650
at the northeast corner of a 48.70 acre tract of land conveyed to 651
The State of Ohio by deed of record in Deed Book 1194, Page 480,
Recorder's Office, Franklin County, Ohio 652
thence N 86°21'44" W along the south line of said 7.000 654
acre tract, along a portion of the south line of said original 655
55.52 acre tract and along a portion of the north line of said 656
48.70 acre tract a distance of 522.40 feet to a 1 3/4 inch I.D. 657
iron pipe found at the southwest corner of said 7.000 acre tract; 659
thence N 3°11'16" E along the west line of said 7.000 acre 661
tract a distance of 583.69 feet to a 3/4-inch I.D. iron pipe 662
found at the northwest corner of said 7.000 acre tract; 663
thence S 86°21'44" E along the north line of said 7.000 665
acre tract a distance of 522.40 feet to a 1-1/8-inch diameter 666
solid iron pipe found at the northeast corner of said 7.000 acre 667
tract, in the east line of said original 55.52 acre tract and in 668
the west line of said 18.682 acre tract;
thence N 3°11'16" E along a portion of the west line of 670
said 18.862 acre tract and along a portion of the east line of 671
said original 55.52 acre tract a distance of 322.68 feet to a 672
3/4-inch I.D. iron pipe set;
thence S 86°48'44" East crossing said 18.682 acre tract, 674
perpendicular to the west line of said 18.682 acre tract and 675
perpendicular to the east line of said original 55.52 acre tract 676
a distance of 473.86 feet to the true place of beginning; 677
containing 16.882 acres of land more or less and being 679
subject to all easements and restrictions of record. 680
The above description was prepared by Richard J. Bull, Ohio 682
surveyor No. 4723, of C.E. Bird and R.J. Bull, Inc., Consulting 683
Engineers & Surveyors, Columbus, Ohio, from an actual field 684
survey performed under his supervision in August, 1995. Basis of 685
bearings is the Ohio State Plane Coordinate system South zone and 686
North American Datum of 1983, as established by the Franklin
19
County Engineer's Survey Department in 1987. 687
(B) At the request of the Adjutant General, the Director 689
of Administrative Services shall, pursuant to the procedures 690
described in division (C) of this section, assist in the sale of 691
the real estate described in division (A) of this section. 692
(C) The Adjutant General's Department shall appraise the 694
parcel or have it appraised by one or more disinterested persons 695
for a fee to be determined by the Adjutant General, and shall 696
offer the real estate for sale as follows: 697
(1) The Adjutant General shall notify the Director of 699
Administrative Services of the appraised value of the real estate 700
and the Director of Administrative Services shall, within thirty 701
days, provide notice to the Adjutant General of any interest by 702
any state entity in acquiring the real estate at the appraised
value, which state entity shall then be afforded the first 703
opportunity to purchase the real estate. 704
(2) If, after thirty days, the Director of Administrative 706
Services has not provided the Adjutant General with notice of any 707
state entity interest in acquiring the real estate at the 709
appraised value or if the state entity has accepted the offer but 710
has failed to complete the purchase, the Adjutant General shall
offer the real estate at the appraised value to the City of 712
Columbus;
(3) If, after sixty days, the City of Columbus has not 714
accepted the offer to purchase the real estate at the appraised 715
value or if the City of Columbus has accepted the offer but has 716
failed to complete the purchase, the Adjutant General shall offer 717
the real estate at the appraised value to the Board of County 718
Commissioners of Franklin County;
(4) If, after sixty days, the Board of County 720
Commissioners of Franklin County has not accepted the offer to 721
purchase the real estate at the appraised value or if the Board 722
of County Commissioners of Franklin County has accepted the offer 723
but has failed to complete the purchase, a public auction shall 724
20
be held and the real estate shall be sold to the highest bidder 725
at a price acceptable to the Adjutant General. The Adjutant 726
General may reject any and all bids for any reason whatsoever. 727
The Adjutant General shall advertise the auction in a 729
newspaper of general circulation in Franklin County once a week 731
for two consecutive weeks prior to the date of the auction. The 732
terms of sale shall be payment of ten per cent of the purchase 733
price, as bid by the highest bidder, in cash, bank draft, or
certified check on the date of sale with the balance payable 735
within sixty days after the date of sale. A purchaser who does 736
not complete the conditions of the sale as prescribed in this 737
section shall forfeit the ten per cent of the purchase price to 738
the state as liquidated damages.
(D) Advertising costs, appraisal fees, and other costs 740
incident to the sale shall be paid by the Adjutant General's 741
Department.
(E) Upon payment of ten per cent of the purchase price 743
pursuant to division (C) of this section, or upon notice from the 744
Adjutant General's Department that the parcel of real estate 745
described in division (A) of this section has been sold in 746
accordance with division (C) of this section, a deed shall be 747
prepared by the Auditor of State with the assistance of the 748
Attorney General, to be executed by the Governor, countersigned 750
by the Secretary of State, sealed with the Great Seal of the
State, and presented for recording in the Office of the Auditor 752
of State. The deed shall be delivered to the grantee upon the 756
grantee's payment of the balance of the purchase price. The 757
grantee shall present the deed for recording in the Office of the 758
Franklin County Recorder. 759
(F) If the real estate described in division (A) of this 761
section is conveyed pursuant to this section to a state entity, 762
the City of Columbus, or Franklin County, and if the state 764
entity, the City of Columbus, or Franklin County sells the real 765
estate within two years after its purchase, the state entity, the 766
21
City of Columbus, or Franklin County shall pay to the state, to 767
the credit of the Armory Improvements Fund within the Adjutant 768
General's department pursuant to section 5911.10 of the Revised 770
Code, an amount representing one-half of any net profit. The net 771
profit shall be computed by subtracting the price at which the 772
state entity, the City of Columbus, or Franklin County bought the
real estate from the price at which the state entity, the City of 775
Columbus, or Franklin County sold the real estate, then 776
subtracting from that remainder the amount of any expenditures 777
the state entity, the City of Columbus, or Franklin County made 778
for public improvements to the real estate. 780
As used in this division, "state entity" includes any 782
department, agency, or university of the State of Ohio. 783
(G) The net proceeds of the sale of the real estate 784
described in this section shall be deposited in the State 785
Treasury to the credit of the Armory Improvements Fund within the 786
Adjutant General's Department pursuant to section 5911.10 of the 787
Revised Code. 788
(H) This section shall expire five years after its 790
effective date. 791