As Introduced 1 123rd General Assembly 4 Regular Session H. B. No. 561 5 1999-2000 6 REPRESENTATIVE SALERNO 8 _________________________________________________________________ 9 A B I L L To authorize the Director of Administrative Services 11 to convey state-owned real estate located in 12 Franklin County to a purchaser to be determined 13 at public auction. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 15 Section 1. The Governor is hereby authorized to execute a 17 deed in the name of the state conveying to a purchaser to be 18 determined pursuant to this act, and the purchaser's successors 19 and assigns or heirs and assigns, all of the state's right, 20 title, and interest in the following described real estate: 21 Situated partly in the City of Columbus and partly in the 23 township of Franklin, County of Franklin, State of Ohio, and 24 Virginia Military survey number 422, and being part of the lots 25 and tracts conveyed to Florence P. and Lawrence G. Distelhorst by 26 deed of record in deed book 1071, page 240, recorder's office, 27 Franklin County, Ohio. Said part being that portion which remains after the conveyance of the seven and four hundredths 28 (7.04) acre tract by said Florence P. And Lawrence G. Distelhorst 29 to the Board of Education of the City School District, Columbus, 30 Ohio, by deed of record in deed book 1698, page 546 records 31 office, Franklin County, Ohio, said portion remaining being more 32 particularly described as follows: Beginning at a point, in the 33 south line of Griggs Avenue (Adams Street), five hundred and twelve and sixty-six hundredths (512.66) feet east from the 34 northwest corner of lot number ten (10) of Mrs. J.O.B. Renick's 35 subdivision as said subdivision is shown on record in plat book 36 2 four (4) page one hundred sixty-two (162) recorder's office, 37 Franklin County, Ohio; thence south sixteen (16) degrees east 38 across lot seven (7) and the twenty-five hundredths (25/100) acre tract of the five (5.0) acre tract described in the deed referred 39 to above, five hundred ninety-nine and eighty-one hundredth 40 (599.81) feet more or less to the south line of said five (5.0) 41 acre tract; thence north seventy-eight degrees (78) east two 42 hundred ninety and forty-four hundredth, (290.44) feet more or less with the south line of the five (5.0) acre tract and the 43 three and three hundredths (3.03) acre tract described in the 44 deed referred to above, to the southeast corner of said three, 45 and three hundredths (3.03) acre tract; thence northerly in a 46 line parallel with the west line of Harmon Avenue, a distance of 47 three hundred sixty-five and eighty-eight hundredths (365.88) feet; to the northeast corner of the twenty-five hundredths 48 (25/100) acre tract described in the deed referred to above; 49 thence westerly in a line parallel to the south line of Griggs 50 Avenue (Said line being the north line of said twenty-five hundredths (25/100) acre tract), one hundred eighty-eight and 51 fifty-eight hundredths (188.58) feet; thence northerly in a line 52 parallel with the west line of Harmon Avenue (Said line being the 53 east line of lot number seven (7) of Mrs. J.O.B. Renick's 54 subdivision heretofore mentioned), two hundred twenty-five and 55 eighty hundredths (225.80) feet to the south line of Griggs Avenue, thence south seventy-eight degrees (78) west along the 56 south side of Griggs Avenue one hundred feet to the place of 57 beginning, containing (3.02) acre, more or less, being the 58 western part of a tract known as 809 Harmon Avenue, Columbus, 59 Ohio. Section 2. (A) Not later than ninety days after the 61 effective date of this act, the Director of Administrative 62 Services shall offer the real estate described in Section 1 of 63 this act for sale at public auction. 64 (B) The Director shall advertise any public auction held 66 3 pursuant to this act in a newspaper of general circulation in 67 Franklin County at least once a week for three consecutive weeks 69 immediately prior to the date of the auction. (C) The consideration for the conveyance of the real 71 estate described in Section 1 of this act shall be the amount 72 successfully bid at a public auction held pursuant to this act. 73 Except as provided in Division (F) of this section, the real 74 estate shall be subject to a minimum bid at auction of not less 75 than $177,000 and the real estate shall be sold to the highest 76 bidder at or above the minimum bid amount. The Director of 77 Administrative Services may reject any bid for any reason. 78 (D) The successful bidder at any public auction held 80 pursuant to this act shall pay at least ten per cent of the 81 purchase price at the time of sale and shall pay the balance of 82 the purchase price within sixty days of the date of the sale. If 83 the purchaser does not complete the conditions of the sale as 84 specified in this division, the Director may void the sale by 85 providing written notice to that effect, mailed to the defaulting 86 purchaser by certified mail, return receipt requested. If the 87 Director voids the sale, any part of the purchase price paid at 88 the time of the sale shall be forfeited to the state as 89 liquidated damages. (E) If the successful bidder at any auction held pursuant 91 to this act does not complete the purchase and the Director voids 92 the sale pursuant to division (D) of this section, the Director 93 may offer the real estate for sale to the second-highest bidder 94 for the amount of the bid of the second-highest bidder. If the 95 second-highest bid at the first auction held pursuant to this act 96 is less than $177,000, the Director shall hold another auction 97 pursuant to division (F) of this section. 98 (F) If, at the first public auction held pursuant to this 100 section, no bid is received in an amount at or above the minimum 101 required bid of $177,000, the Director shall hold a second public 102 auction in accordance with the procedures set forth in this 103 4 section. At the second public auction, the real estate shall be 104 sold to the highest bidder at a price acceptable to the Director. 105 The Director may reject any bid for any reason. 106 Section 3. The real estate described in Section 1 of this 108 act shall be conveyed as an entire tract and not in parcels. 109 Section 4. The Department of Commerce shall pay all costs 111 associated with the sale and conveyance of the real estate 112 described in Section 1 of this act, including advertising costs 113 and appraisal fees. 114 Section 5. Upon payment of the purchase price, the Auditor 116 of State, with the assistance of the Attorney General, shall 117 prepare a deed to the real estate described in Section 1 of this 118 act. The deed shall be executed by the Governor in the name of 119 the State, countersigned by the Secretary of State, sealed with 120 the Great Seal of the State, presented in the Office of the 121 Auditor of State for recording, and delivered to the purchaser. 122 The purchaser shall present the deed for recording in the Office 123 of the Franklin County Recorder. 124 Section 6. The net proceeds of the conveyance of the real 126 estate described in Section 1 of this act shall be deposited in 127 the State Treasury to the credit of the State Fire Marshal's Fund 128 created in section 3737.71 of the Revised Code. 129 Section 7. This act expires one year after its effective 131 date.