As Passed by the Senate 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-SENATORS MUMPER- 10
ARMBRUSTER-DRAKE-FURNEY-GARDNER-LATTA-WACHTMANN-WATTS-WHITE 11
_________________________________________________________________ 13
A B I L L
To authorize the Adjutant General to transfer 15
specified parcels of state-owned real estate no 16
longer needed for armory or military purposes to 17
the grantor of each parcel pursuant to the
reversionary clause in each parcel's deed, to 18
authorize the conveyance of state-owned real 19
estate that the Adjutant General has determined 20
is no longer required for military or armory
purposes to a buyer or buyers to be determined at 21
a later date, and to authorize the conveyance of 22
state-owned real estate known as the Blanchester 23
Armory to Thomas J. Lagos.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 25
Section 1. The Adjutant General has determined that the 27
following described properties are no longer needed by the Ohio 28
National Guard for armory or military purposes. The reversionary 29
language contained in the deeds for those properties requires 30
that each property revert back to the grantor if the property 31
ceases to be used for military purposes. The Adjutant General is 32
hereby authorized to give proper effect to the reversionary 33
language in the original deeds. Deeds shall be prepared by the 35
Auditor of State with the assistance of the Attorney General, to 36
be executed by the Governor, countersigned by the Secretary of 37
2
State, sealed with the Great Seal of the State, and presented for 38
recording in the Office of the Auditor of State. Each deed shall 39
be delivered to the original grantor of each property for 40
recording in the office of the appropriate county recorder. The 41
Governor is hereby authorized to execute deeds in the name of the 42
state, granting all of the state's right, title, and interest in 43
the parcels described as follows:
Parcel No. 1 45
Willoughby Armory Property, Volume 218, Page 110, Lake 47
County Deed Records. And being, respectively, parcel numbers 49
27A-023E-00-024-0, 27A-023E-00-025-0, 27A-023E-00-026-0, 50
27A-023E-00-027-0, 27A-023E-00-028-0, 27A-023E-00-029-0, 51
27A-023E-00-030-0, 27A-023E-00-031-0, 27A-023E-00-032-0, 52
27A-023E-00-033-0, 27A-023E-00-013-0, 27A-023E-00-012-0, 53
27A-023E-00-011-0, 27A-023E-00-010-0, 27A-023E-00-009-0, 54
27A-023E-00-008-0, 27A-023E-00-007-0, 27A-023E-00-006-0, 55
27A-023E-00-005-0, 27A-023E-00-018-0, 27A-023E-00-019-0, 56
27A-023E-00-020-0, 27A-023E-00-021-0, 27A-023E-00-022-0, 57
27A-023E-00-023-0, 27A-023E-00-014-0, 27A-023E-00-015-0, 58
27A-023E-00-016-0, and 27A-023E-00-017-0 of the Lake County 59
Auditor's Records.
Situated in the Village of Willoughby, County of Lake, and 61
State of Ohio: and known as Sublots Nos. 343, 344, 345, 346, 347, 62
348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 63
361, 366, 367, 368, 369, 370, 371, 372, 373, 374, and 375 in the 64
Cleveland Willoughby Realty Company's Orchard Park Allotment No. 65
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, 66
but subject to all legal highways. 67
Parcel No. 1 shall revert to the City (formerly Village) of 69
Willoughby. 70
Parcel No. 2 72
Property originally provided for the construction of an 74
armory in the City of Lorain, Ohio, Volume 469, Page 183, Lorain 75
3
County Deed Records. 76
Situated in Great Lots Nos. 94, 95, 99, and 100 in 78
Sheffield Township, City of Lorain, County of Lorain, and State 79
of Ohio, and being a parcel of land, approximately 400 feet 80
square, in the Southwest corner of Oakwood Park as conveyed to 81
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 83
particularly described as follows: 84
Commencing at an iron pin at the Northeast corner of 86
Clinton Avenue and East 36th Street, thence East along North line 87
of East 36th Street a distance of 400 feet to a point; thence 89
Northerly on a line parallel with Clinton Avenue, a distance of 90
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 91
line of Clinton Avenue; thence Southerly along the East line of 93
Clinton Avenue a distance of 400 feet to the place of beginning 94
and containing approximately 3.67 acres of land 95
Parcel No. 2 shall revert to the City of Lorain. 97
Parcel No. 3 99
Napoleon Motor Vehicle Storage Building Property, Volume 101
153, Page 309, Henry County Deed Records. And being Parcel 102
Number 41-230056.0000 of the Henry County Auditor's Records. 103
Situated in the northwest quarter of Section 23, Township 5 105
North, Range 6 East in Napoleon Township, Village (now City) of 107
Napoleon, Henry County, Ohio, to-wit: 108
Beginning at an iron pipe on the west line of said Section 110
23 and on the center line of the Jahns Road, thence north 88 112
degrees and 36 minutes east 366.1 feet to an iron pin, thence 113
north 78 degrees and 20 minutes east 281.8 feet to an iron pin, 115
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, 117
thence south 82 degrees and 14 minutes west 262.5 feet to an iron 118
pin on the centerline of the Jahns Road, thence north 36 degrees 119
and 1 minute west 366.85 feet along the center line of the Jahns 120
4
Road to the place of beginning containing 3.249 Acres of land but
subject to all legal highways. 121
Parcel No. 3 shall revert to the City (formerly Village) of 123
Napoleon.
Section 2. (A) Pursuant to section 5911.10 of the Revised 125
Code, the Governor is hereby authorized to execute a deed in the 126
name of the state conveying to a buyer or buyers to be determined 127
in the manner provided in division (C) of this section, all of 128
the state's right, title, and interest in the following described 129
parcels of real estate that the Adjutant General has determined 130
are no longer required for armory or military purposes: 131
Parcel No. 1 133
Toledo Secor Road Armory Property, Volume 766, Page 480, 135
Lucas County Deed Records. 136
The North Six (6) acres of the North One-half (1/2) of the 138
Northeast One Quarter (1/4) of the Southeast One Quarter (1/4) of 140
Section Eighteen (18), Town Nine (9) South, Range Seven (7) East, 141
in Washington Township, Lucas County, Ohio, except therefrom the 143
South Forty-eight (48) feet of the East One Hundred and Fifty 144
(150) feet thereof, said excepted premises being the premises 145
conveyed by the Grantor to Samuel B. Wood and J. M. Wilson.
The above described parcel of land is subject to any and 147
all easements and restrictions of record. 148
Parcel No. 2 149
Ravenna Armory Property, Volume 325, Page 64, Portage 151
County Deed Records. 152
Situated in the Township and City of Ravenna, County of 154
Portage and State of Ohio: Situated in Township Lot 21, south 155
division of lots, Ravenna Township, Portage County, Ohio. 156
Beginning at a point in the east line of Freedom Road at its 157
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; 158
thence easterly along the south line of Lot #21 a distance of 159
about 538 feet to the intersection with the west line of Maple 161
5
Street extended; thence northerly a distance of 153 feet; thence 162
westerly a distance of about 538 feet to the east line of Freedom 163
Street; thence Southerly along the east line of Freedom Street a 164
distance of 153 feet to the place of beginning, containing 1.89 165
acres more or less, but subject to all legal highways. Being the 166
southwest corner of what has long been known as the Portage 168
County fair ground property.
Parcel No. 3 170
Portsmouth Armory Property, Volume 380, Page 598, Scioto 172
County Deed Records. 173
Situated in the City of Portsmouth, County of Scioto and 175
State of Ohio (Formerly in Clay Township), to-wit: Beginning at 176
a point in the north property line of 17th Street, said point 177
being Two Hundred Ten Feet (210 ft.) east of the center line of 178
High Street; said point being also Fifty Feet (50 ft.) east of 179
the first alley east of High Street; thence in a northwardly
direction parallel to the east property line of the first alley 180
east of High Street with a line bearing North 5 deg. 30 min, east 181
450 feet to a point; thence in an eastwardly direction parallel 182
to the north property line of 17th Street with a line bearing 183
South 85 deg. 17 min. East 231 feet, more or less, to a point on 184
the east property line of a 3.93 acre tract of the Grantor
herein; thence in a southwardly direction with the east line of 185
said tract and bearing South 2 deg. 12 min. West, 158 feet, more 186
or less, to a corner of said tract; thence in an eastwardly 187
direction with the lines of said tract as follows:- South 86 188
deg. 54 min. East, 152.4 feet to a point; thence in a southwardly 189
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 190
17th Street; thence in a westwardly direction with the north 192
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 193
less, and being 3.147 acres off the 3.93 acre tract, known as the 194
"First Tract," and 0.361 acres off the 1.715 acre tract known as 195
6
the "Second Tract," in a deed made to Grantors herein, by Johnson 196
and Duis Inc., dated July 1, 1938, and recorded in Deed Book 236, 197
Page 291 of Scioto County Record of Deeds.
Together with an easement as means of ingress and egress to 199
said premises from the first alley east of High Street in said 200
city over the following described premises, to-wit: 201
Beginning at a point in the east property line of the first 203
alley east of High Street, said point bearing North 5 deg., 30 204
min. East 450 feet North of the intersection of the east property 205
line of the first alley east of High Street, with the north 206
property line of 17th Street; thence in an eastwardly direction 207
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 208
herein conveyed to the City of Portsmouth, Ohio, for Armory 210
Purposes; thence in a southwardly direction with the west line of
said tract and parallel to the east property line of the first 211
alley easy of High Street; South 5 deg., 30 min. West, 30 feet to 212
a point; thence in a westwardly direction with a line bearing 213
North 85 deg., 17 min. West, 50 feet to a point in the east 214
property line of aforesaid alley; thence in a northwardly
direction with the east line of the aforesaid alley North 5 deg., 215
30 min. east, 30 feet to the point of beginning containing 0.0344 216
acres more or less.
Parcel No. 4 218
Shreve Armory Property, which consists of two parts: (A) 220
Volume 198, Page 373, and (B) Volume 198, Page 372, Wayne County 221
Deed Records. And being, respectively, parcel numbers 223
20-01148.000, 20-01146.000, and 20-01147.000 of the Wayne County 224
Auditor's Duplicate.
Part A 226
Situated in the Village of Shreve, County of Wayne, and 228
State of Ohio; and known as the East part of in-lots numbered Two 229
Hundred and Nineteen (219) and Two Hundred and Twenty (220), 230
bounded and described as follows: - Beginning at the Northeast 231
7
corner of said Lot number Two Hundred and Twenty (220); thence
South along the East lines of said Lots 220 and 219, to the 232
South-east corner of said Lot No. 219; thence West on the South 233
line of said Lot 219, Eighty-eight (88) Feet; thence North and 234
parallel with the East line of said Lots, one hundred and Twenty 235
(120) Feet to the North line of Lot 220; thence East on the North 236
line of Lot 220 Eighty-eight (88) Feet to the North-east corner 237
of said Lot, the place of beginning.
Part B 239
Situated in the Village of Shreve, County of Wayne, and 241
State of Ohio: and known as the East half of In-Lot number Two 242
Hundred and Eighteen (218).
Parcel No. 5 244
Fremont Armory Property, Volume 133, Page 180, Sandusky 246
County Deed Records. 247
Situated in the City of Fremont, County of Sandusky, and 249
State of Ohio, and known as a part of Outlot number fifty (50), 250
more particularly described as commencing at a point on the north 251
line of said Outlot and two hundred and thirty (230) feet 252
northwestly from the north-east corner of said Outlot; thence in 254
a northwesterly direction, on the north line of said Outlot, one
hundred (100) feet; thence southwesterly, at right angles to the 255
north line of said Outlot, three hundred forty and one-half (340 256
1/2) feet; thence southeasterly, parallel with the north line of 257
said Outlot, one hundred (100) feet; thence northeasterly three 258
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 259
highways.
Parcel No. 6 261
Boston Mills Organizational Maintenance Shop and other 263
related facilities, Volume 1540, Pages 411 & 412 and 413-415, 264
Summit County Deed Records. And being parcel number 06-00493 of 265
the Summit County Auditor's Records. 266
Part A 268
8
Situated in the Township of Boston, County of Summit, and 270
State of Ohio; more particularly described as follows: 271
Being a part of Lot 2, Tract 1, in said Township, beginning 273
at a southwest corner of 80.45 acres of land, deeded by George 274
Kellogg to F.W. Kellogg March 9th, 1872, in the center of the 275
Brewery Road, so-called, at a stake in the line between the north 277
and south half of said Lot 2, and which point is southwesterly 278
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 279
northeasterly along the center of said Road as now traveled, 280
26.33 1/2 chains to a stake at the center of the Culvert; thence 281
south 26 degrees east 3 chains to a stake; thence southwesterly 282
to a point in the division line between the north and south half 283
of said Lot 2, 11.25 chains distant from the first mentioned
stake in the center of the Brewery Road; thence north 89 3/4 284
degrees west along said division line 11 chains and 25 links to 285
the place of beginning, containing 10 acres of land, be the same 286
more or less, but subject to all legal highways.
Being the same piece of property conveyed by Mary C. & W.H. 288
Smith to Harry M. Farnsworth as shown by recorded deed in Volume 289
328, page 579 of Summit County Records being subsequently 290
conveyed by said Harry M. Farnsworth and wife to The American 291
Agricultural Chemical Company (of Connecticut) by deed dated
November 18th, 1905, and recorded in Summit County Records in 292
Volume 627, Page 432, and being subsequently conveyed by The 293
American Agricultural Chemical Company (of Connecticut) to The 294
American Agricultural Chemical Company (of Delaware) by deed 295
dated June 30th, 1930, and recorded in Summit County Records in 296
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. 297
Part B 299
Situated in the Township of Boston, County of Summit, and 301
State of Ohio: and being part of Original Lot No. 2, Tract 1, in 302
said Township and being further described as follows: 303
9
Beginning in the center line of Brewery Road at its 305
intersection with the northerly line of Grantor's lands, said 306
beginning point being distant southwesterly along the center line 307
of Brewery Road 28.22 1/2 chains from the North line of said Lot 308
2, said beginning point being also the southwest corner of 80.45 309
acres of lands deeded by George Kellogg to F.W. Kellogg, March 9,
1872. 310
Thence South 89 degrees 45'00" East along the Northerly 312
line of Grantor's lands, said Northerly line being the southerly 314
line of lands conveyed to F.W. Kellogg as aforesaid a distance of 315
900 feet to a point.
Thence South 12 degrees 37'30" West a distance of 700 feet 317
to a point.
Thence North 89 degrees 45'00" West along a line parallel 319
with the first described line a distance of 650 feet to a point. 320
Thence northwesterly along a line that intersects the 322
center line of Brewery Road at a point distance Southwesterly 400 323
ft. from the intersection of said center line with the Northerly 324
line of Grantor's land as aforesaid.
Thence Northeasterly along the center line of Brewery Road 326
400 feet to the place of beginning containing 15.257 acres of 327
land be the same more or less but subject to all legal highways, 328
and being transferred by a deed from Gilbert Cassity et al to the 329
State of Ohio, by a deed dated June 12th, 1933.
LESS THE FOLLOWING DESCRIBED PARCEL, GIVEN BY "DEPARTMENTAL 331
TRANSFER OF STATE-OWNED LANDS" FROM THE ADJUTANT GENERAL'S 332
DEPARTMENT TO THE OHIO DEPARTMENT OF HIGHWAYS, ON DECEMBER 1, 333
1966.
Situated in Boston Township, Summit County, State of Ohio, 335
Lot 2, Town 4-North, Range 11 West, and bounded and described as 336
follows:
Being a parcel of land lying on the left and right sides of 338
the centerline of a survey made by the Department of Highways, 339
and recorded in Book 68, Pages 5-14, of the records of Summit 340
10
County and being located within the following described points in 341
the boundary thereof:
Beginning at the intersection of the centerline tangent of 343
Riverview Road (County Highway No. 9) with the north line of said 344
Lot 2; said intersection being at right angles to and 599.99 feet 345
left of Station 425 plus 95.97 on the centerline survey above 346
referred to; thence along the centerline tangents of Riverview 347
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" 348
East a distance of 185.40 feet to an angle point on the proposed 349
limited access line; thence along said limited access line by the 350
following bearings and distances; South 54°14'22" West a distance 351
of 179.03 feet to an angle point; North 35°45'38" West a distance 352
of 232.83 feet to an angle point; South 54°14'22" West a distance 353
of 650.00 feet to an angle point; South 8°48'58" West a distance 354
of 140.09 feet to an angle point; South 55°21'44" West a distance 355
of 926.04 feet to the true place of beginning, said point of 356
beginning being an angle break in the grantor's easterly property 357
line on a radial line to an 173.44 feet left of Station 406 plus 359
50.07 on the centerline survey; thence South 11°42'11" West along 360
the grantor's easterly property line a distance of 534.33 feet to 361
an angle point on the proposed southerly limited access line, and 362
passing over the centerline survey at a distance of 224.33 feet, 363
the intersection of which is at Station 405 plus 06.15 on the
centerline survey; thence South 71°05'06" West along the limited 364
access line, a distance of 515.23 feet to an angle point; thence 365
along the grantor's property line by the following bearings and 366
distances: South 89°22'52" West a distance of 193.53 feet to an 367
angle point; North 42°26'06" West a distance of 368.80 feet to an 368
angle point on the limited access line, and passing over the 369
centerline survey at a distance of 141.65 feet the intersection 370
of which is at Station 395 plus 89.03 on the centerline survey; 371
thence along the limited access line by the following bearings 372
and distances: North 70°22'18" East a distance of 388.57 feet to 373
11
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 374
the true place of beginning and containing 390,674 square feet 375
(8.969 acres) of land, more or less. 376
Station 425 plus 49.26 on the centerline survey (Proposed 378
State Route 217) is Station 72 plus 99.30 on the centerline of 379
right-of-way of Riverview Road (County Highway No. 9). 380
Description for the above parcel is based on a survey made 382
by Bryan E. Moody, Registered Surveyor No. 4936. 383
Parcel No. 7 385
Property behind the Westerville Armory. Volume 1048, Page 387
206, Franklin County Deed Records. 388
Situated in the City of Westerville, County of Franklin, 390
State of Ohio, Quarter Township 2, Township 2N, Range 17W, of the 392
United States Military Lands, being part of a 0.3257 acre tract 393
and bounded and described as follows:
Beginning at the Grantors northeasterly corner being 7.50 395
feet right of centerline Station 25+70.81 and the true point of 396
beginning;
Thence South 03°25'16" West with said westerly property 398
line of Board of Education of the Westerville School District 399
(D.V. 1017, Page 135), a distance of 214.60 feet to the northerly 400
property line of the United States Postal Service (OR 17103A-16) 401
and being 7.50 feet right of centerline Station 23+56.21; 402
Thence North 85°04'44" West with the northerly line of said 404
United States Postal Service tract, a distance of 15.01 feet to a 405
point 7.50 feet left of centerline Station 23+56.61; 406
Thence North 03°25'16" East a distance of 214.77 feet to 408
the Grantors northerly line and being 7.50 feet left of 409
centerline Station 25+71.38;
Thence South 84°25'42" East, a distance of 15.01 feet to 411
the true point of beginning and containing 0.074 acres of land 413
more or less.
Basis of bearings is a graphic solution taken from the 415
12
U.S.G.S. Quadrangle Map, Galena Quadrangle, for the old railroad 417
between I.R. 270 and College Avenue having a bearing of North 418
03°25'16" East.
The above description was prepared from an actual survey by 420
Maynard H. Thompson, Professional Surveyor No. 7128. 421
Grantor (City of Westerville) claims title by instrument(s) 423
of record in O.R. 33186, Page D-08, Franklin County Deed Records. 425
(B) At the request of the Adjutant General, the Director 427
of Administrative Services shall, pursuant to the procedures 428
described in division (C) of this section, assist in the sale of 429
any of the parcels described in division (A) of this section. 430
(C) The Adjutant General shall appraise the parcels or 432
have them appraised by one or more disinterested persons for a 433
fee to be determined by the Adjutant General and shall offer the 434
real estate for sale as follows: 435
(1) The Adjutant General first shall offer the real estate 437
at the appraised value to the village, township, or city in which 438
the property is located; 439
(2) If, after sixty days, the village, township, or city 441
has not accepted the offer to purchase the real estate at the 442
appraised value or if the village, city, or township has accepted 443
the offer but has failed to complete the purchase, the Adjutant 444
General shall offer the real estate at the appraised value to the 446
county in which the real estate is located; 447
(3) If, after sixty days, the county has not accepted the 449
offer to purchase the real estate at the appraised value or if 450
the county has accepted the offer but has failed to complete the 451
purchase, a public auction shall be held and the real estate 452
shall be sold to the highest bidder at a price acceptable to the 453
Adjutant General. The Adjutant General may reject any and all 454
bids for any reason whatsoever.
The Adjutant General shall advertise each auction in a 456
newspaper of general circulation within the county in which the 457
real estate is located, once a week for two consecutive weeks 458
13
prior to the date of the auction. The terms of sale shall be 459
payment of ten per cent of the purchase price, as bid by the 460
highest bidder, in cash, bank draft, or certified check on the 461
date of sale, with the balance payable within sixty days after 462
the date of sale. A purchaser who does not complete the 463
conditions of the sale as prescribed in this section shall 464
forfeit the ten per cent of the purchase price to the state as 465
liquidated damages.
(D) Advertising costs, appraisal fees, and other costs of 467
the sales shall be paid by the Adjutant General's Department. 468
(E) Upon payment of ten per cent of the purchase price 470
pursuant to division (C) of this section, or upon notice from the 471
Adjutant General's Department that a parcel of real estate 472
described in division (A) of this section has been sold in 473
accordance with division (C) of this section, a deed shall be 474
prepared for that parcel by the Auditor of State with the 475
assistance of the Attorney General, to be executed by the 476
Governor, countersigned by the Secretary of State, sealed with 478
the Great Seal of the state, and presented for recording in the
Office of the Auditor of State. Upon the grantee's payment of 480
the balance of the purchase price, the deed shall be delivered to 481
the grantee. The grantee shall present the deed for recording in 482
the office of the county recorder of the county in which the real 484
estate is located. 485
(F) The net proceeds of the sales of the parcels described 487
in this section shall be deposited in the State Treasury to the 488
credit of the Armory Improvements Fund within the Adjutant 490
General's Department, pursuant to section 5911.10 of the Revised 491
Code. 492
(G) If a parcel of real estate is sold to a village, city, 494
township, or county, and if that political subdivision sells the 496
parcel within two years after its purchase, the political
subdivision shall pay to the state, to the credit of the Armory 497
Improvements Fund within the Adjutant General's Department 499
14
pursuant to section 5911.10 of the Revised Code, an amount
representing one-half of any net profit. The net profit shall be 500
computed by subtracting the price at which the political 501
subdivision bought the real estate from the price at which the 502
political subdivision sold the real estate, then subtracting from 503
that remainder the amount of any expenditures the political 504
subdivision made for improvements to the real estate. 505
(H) This section shall expire five years after its 507
effective date. 508
Section 3. (A) This section is remedial, with the purpose 510
being to correct an error in the description of the Blanchester 511
Armory in Am. Sub. H.B. 376 of the 121st General Assembly and to 513
authorize the conveyance of the Blanchester Armory. Am. Sub.
H.B. 376 approved the conveyance of the Blanchester Armory, 514
located in Clinton County, Ohio, being no longer needed for 515
armory or military purposes. The description of the armory in 516
that act was inadequate as it included only one of the two 517
parcels of real estate that comprise the Blanchester Armory 518
property. Section 2 of that act contained a description for a 519
parcel of real estate designated as "Parcel No. 15," which is the 520
same parcel as "Parcel No. 1" described in division (B) of this 521
section. The act did not contain a description of an adjacent 522
parcel which is owned by the state and is also part of the 523
Blanchester Armory property. Because of the omission, the 524
Governor's deed to convey the Blanchester Armory property could 525
not be recorded. The adjacent parcel is described in division 526
(B) of this section as "Parcel No. 2." 527
The terms of the conveyance authorized in this section were 529
established by the Director of Administrative Services pursuant 530
to division (B) of Section 2 of Am. Sub. H.B. 376 of the 121st 531
General Assembly. 532
(B) Pursuant to section 5911.10 of the Revised Code, the 534
Governor is hereby authorized to execute a deed in the name of 536
the state conveying to Thomas H. Lagos and his heirs and assigns, 537
15
all of the state's right, title, and interest in the following 538
described real estate and improvements thereon that the Adjutant 539
General has determined are no longer required for armory or 540
military purposes, located in Clinton County and known as the
Blanchester Armory: 541
Parcel No. 1 543
Volume 91, Page 423, Clinton County Deed Records. 545
Situated in the Village of Blanchester, in the County of 547
Clinton, and in the State of Ohio. Being Lot No. (2) Two in J. 548
Baldwin's Addition to the said Village of Blanchester, for a more 549
complete description reference is hereby had to the recorded plat 550
of said addition.
Parcel No. 2 552
Volume 77, Page 602, Clinton County Deed Records. 554
Situated in the County of Clinton and State of Ohio and 556
further described as follows: Town lot No. one (1) in Jonathan 557
Baldwin's Addition to the town of Blanchester which said town lot 558
will be more fully described by reference to the recorded plat of 559
said addition to said town.
(C) The consideration for the conveyance of the real 561
estate described in division (B) of this section is the purchase 562
price of $30,000. 563
(D) The grantee shall pay the costs of the conveyance of 565
the real estate described in division (B) of this section. 566
(E) The net proceeds of the conveyance of the real estate 568
described in division (B) of this section shall be deposited in 569
the State Treasury to the credit of the Armory Improvements Fund 570
in the Adjutant General's Department pursuant to section 5911.10 571
of the Revised Code. 573
(F) Upon payment of the purchase price, the Auditor of 575
State, with the assistance of the Attorney General, shall prepare 576
a deed to the real estate described in division (B) of this 578
section. The deed shall state the consideration. The deed shall 579
be executed by the Governor, countersigned by the Secretary of 580
16
State, sealed with the Great Seal of the State, presented for 581
recording in the Office of the Auditor of State, and delivered to 582
Thomas H. Lagos. Thomas H. Lagos shall present the deed for 583
recording in the Office of the Clinton County Recorder.
(G) This section shall expire two years after its 585
effective date.
Section 4. (A) Pursuant to section 5911.10 of the Revised 587
Code, the Governor is hereby authorized to execute a deed in the 589
name of the state conveying to a buyer or buyers to be determined 590
in the manner provided in division (C) of this section, all of 591
the state's right, title, and interest in the following described 592
real estate that the Adjutant General has determined is no longer 593
required for armory or military purposes:
Property consisting of woods and helicopter pads, located 595
behind the headquarters of the Ohio National Guard in Columbus 596
Ohio. Volume 3288, Page 413, Franklin County Deed Records. 597
Situated in the State of Ohio, County of Franklin, City of 599
Columbus, in Quarter Township 4, Township 2 North, Range 19 West, 601
United State Military Lands and being 9.882 acres out of an 18.68 602
acre tract of land (18.682 acres by recent survey) conveyed as 603
Parcel 1 to State of Ohio (Adjutant General Department) by deed 604
of record in Deed Book 3288, Page 413, Recorder's Office,
Franklin County, Ohio, and being all of a 7.000 acre tract of 605
land conveyed as Parcel 2 to State of Ohio (Adjutant General 606
Department) by deed of record in Deed Book 3288, Page 413, 608
Recorder's Office, Franklin County, Ohio, and bounded and
described as follows: 609
Beginning for reference, at a point in the centerline of 611
West Dublin-Granville Road-Ohio Route 161 (variable width), at 612
the northeast corner of a 0.298 acre tract of land conveyed to 613
City of Columbus for West Dublin-Granville Road right-of-way 614
purposes by deed of record in Official Record 6018, Page C 15,
Recorder's Office, Franklin County, Ohio, and at the northwest 615
corner of an original 89.036 acre tract of land conveyed to the 616
17
Board of Trustees of the Ohio State University by deed of record 617
in Deed Book 2414, Page 345, Recorder's Office, Franklin County, 619
Ohio, said point being N 79°49"20" W a distance of 99.84 feet 620
from a point at the intersection of the centerline of West 621
Dublin-Granville Road with the centerline of Brookdown Drive;
thence S 3°11'16" W along the east line of said 0.298 acre 623
tract, along the east line of a 0.599 acre tract of land conveyed 624
to The Linworth Partnership II by deed of record in Official 625
Record 14446, Page C 03, Recorder's Office, Franklin County, 626
Ohio, along an east line of a 1.292 acre tract of land conveyed 627
to The Linworth Partnership by deed of record in Official Record
5869, Page F 15, Recorder's Office, Franklin County, Ohio, along 628
a portion of the east line of said 18.682 acre tract and along a 629
portion of the west line of said original 89.036 acre tract a 630
distance of 1,360.07 feet to a 3/4-inch I.D. iron pipe set at the 631
true place of beginning of the tract herein intended to be 632
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 633
corner of said 1.292 acre tract at 553.19 feet); 634
thence continuing S 3°11'16" W along a portion of the east 636
line of said 18.682 acre tract and along a portion of a west line 637
of said original 89.036 acre tract a distance of 910.50 feet to a 638
railroad spike found at the southeast corner of said 18.682 acre 639
tract, at a southwest corner of said original 89.036 acre tract 640
and in the north line of a 25.03 acre tract of land conveyed to 641
The State of Ohio by deed of record in Deed Book 1194, Page 11, 642
Recorder's Office, Franklin County, Ohio;
thence N 86°18'44" W along the south line of said 18.682 644
acre tract and along a portion of the north line of said 25.03 645
acre tract a distance of 473.88 feet to a railroad spike found at 646
the southwest corner of said 18.682 acre tract, at the southeast 647
corner of said 7.000 acre tract, at the northwest corner of said 648
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 649
18
State University by deed of record in Deed Book 3268, Page 533, 650
Recorder's Office, Franklin County, Ohio, said 7.000 acre tract 651
having been conveyed out of said original 55.52 acre tract, and 652
at the northeast corner of a 48.70 acre tract of land conveyed to 653
The State of Ohio by deed of record in Deed Book 1194, Page 480,
Recorder's Office, Franklin County, Ohio 654
thence N 86°21'44" W along the south line of said 7.000 656
acre tract, along a portion of the south line of said original 657
55.52 acre tract and along a portion of the north line of said 658
48.70 acre tract a distance of 522.40 feet to a 1 3/4 inch I.D. 659
iron pipe found at the southwest corner of said 7.000 acre tract; 661
thence N 3°11'16" E along the west line of said 7.000 acre 663
tract a distance of 583.69 feet to a 3/4-inch I.D. iron pipe 664
found at the northwest corner of said 7.000 acre tract; 665
thence S 86°21'44" E along the north line of said 7.000 667
acre tract a distance of 522.40 feet to a 1-1/8-inch diameter 668
solid iron pipe found at the northeast corner of said 7.000 acre 669
tract, in the east line of said original 55.52 acre tract and in 670
the west line of said 18.682 acre tract;
thence N 3°11'16" E along a portion of the west line of 672
said 18.862 acre tract and along a portion of the east line of 673
said original 55.52 acre tract a distance of 322.68 feet to a 674
3/4-inch I.D. iron pipe set;
thence S 86°48'44" East crossing said 18.682 acre tract, 676
perpendicular to the west line of said 18.682 acre tract and 677
perpendicular to the east line of said original 55.52 acre tract 678
a distance of 473.86 feet to the true place of beginning; 679
containing 16.882 acres of land more or less and being 681
subject to all easements and restrictions of record. 682
The above description was prepared by Richard J. Bull, Ohio 684
surveyor No. 4723, of C.E. Bird and R.J. Bull, Inc., Consulting 685
Engineers & Surveyors, Columbus, Ohio, from an actual field 686
survey performed under his supervision in August, 1995. Basis of 687
bearings is the Ohio State Plane Coordinate system South zone and 688
19
North American Datum of 1983, as established by the Franklin
County Engineer's Survey Department in 1987. 689
(B) At the request of the Adjutant General, the Director 691
of Administrative Services shall, pursuant to the procedures 692
described in division (C) of this section, assist in the sale of 693
the real estate described in division (A) of this section. 694
(C) The Adjutant General's Department shall appraise the 696
parcel or have it appraised by one or more disinterested persons 697
for a fee to be determined by the Adjutant General, and shall 698
offer the real estate for sale as follows: 699
(1) The Adjutant General shall notify the Director of 701
Administrative Services of the appraised value of the real estate 702
and the Director of Administrative Services shall, within thirty 703
days, provide notice to the Adjutant General of any interest by 704
any state entity in acquiring the real estate at the appraised
value, which state entity shall then be afforded the first 705
opportunity to purchase the real estate. 706
(2) If, after thirty days, the Director of Administrative 708
Services has not provided the Adjutant General with notice of any 709
state entity interest in acquiring the real estate at the 711
appraised value or if the state entity has accepted the offer but 712
has failed to complete the purchase, the Adjutant General shall
offer the real estate at the appraised value to the City of 714
Columbus;
(3) If, after sixty days, the City of Columbus has not 716
accepted the offer to purchase the real estate at the appraised 717
value or if the City of Columbus has accepted the offer but has 718
failed to complete the purchase, the Adjutant General shall offer 719
the real estate at the appraised value to the Board of County 720
Commissioners of Franklin County;
(4) If, after sixty days, the Board of County 722
Commissioners of Franklin County has not accepted the offer to 723
purchase the real estate at the appraised value or if the Board 724
of County Commissioners of Franklin County has accepted the offer 725
20
but has failed to complete the purchase, a public auction shall 726
be held and the real estate shall be sold to the highest bidder 727
at a price acceptable to the Adjutant General. The Adjutant 728
General may reject any and all bids for any reason whatsoever. 729
The Adjutant General shall advertise the auction in a 731
newspaper of general circulation in Franklin County once a week 733
for two consecutive weeks prior to the date of the auction. The 734
terms of sale shall be payment of ten per cent of the purchase 735
price, as bid by the highest bidder, in cash, bank draft, or
certified check on the date of sale with the balance payable 737
within sixty days after the date of sale. A purchaser who does 738
not complete the conditions of the sale as prescribed in this 739
section shall forfeit the ten per cent of the purchase price to 740
the state as liquidated damages.
(D) Advertising costs, appraisal fees, and other costs 742
incident to the sale shall be paid by the Adjutant General's 743
Department.
(E) Upon payment of ten per cent of the purchase price 745
pursuant to division (C) of this section, or upon notice from the 746
Adjutant General's Department that the parcel of real estate 747
described in division (A) of this section has been sold in 748
accordance with division (C) of this section, a deed shall be 749
prepared by the Auditor of State with the assistance of the 750
Attorney General, to be executed by the Governor, countersigned 752
by the Secretary of State, sealed with the Great Seal of the
State, and presented for recording in the Office of the Auditor 754
of State. The deed shall be delivered to the grantee upon the 758
grantee's payment of the balance of the purchase price. The 759
grantee shall present the deed for recording in the Office of the 760
Franklin County Recorder. 761
(F) If the real estate described in division (A) of this 763
section is conveyed pursuant to this section to a state entity, 764
the City of Columbus, or Franklin County, and if the state 766
entity, the City of Columbus, or Franklin County sells the real 767
21
estate within two years after its purchase, the state entity, the 768
City of Columbus, or Franklin County shall pay to the state, to 769
the credit of the Armory Improvements Fund within the Adjutant 770
General's department pursuant to section 5911.10 of the Revised 772
Code, an amount representing one-half of any net profit. The net 773
profit shall be computed by subtracting the price at which the 774
state entity, the City of Columbus, or Franklin County bought the
real estate from the price at which the state entity, the City of 777
Columbus, or Franklin County sold the real estate, then 778
subtracting from that remainder the amount of any expenditures 779
the state entity, the City of Columbus, or Franklin County made 780
for public improvements to the real estate. 782
As used in this division, "state entity" includes any 784
department, agency, or university of the State of Ohio. 785
(G) The net proceeds of the sale of the real estate 786
described in this section shall be deposited in the State 787
Treasury to the credit of the Armory Improvements Fund within the 788
Adjutant General's Department pursuant to section 5911.10 of the 789
Revised Code. 790
(H) This section shall expire five years after its 792
effective date. 793