As Reported by the Senate Judiciary Committee 1
123rd General Assembly 4
Regular Session H. B. No. 561 5
1999-2000 6
REPRESENTATIVES SALERNO-MEAD-GOODMAN-MYERS-TIBERI- SENATOR LATTA 9
_________________________________________________________________ 11
A B I L L
To authorize the Director of Administrative Services 13
to convey state-owned real estate located in 14
Franklin County to a purchaser to be determined 15
at public auction.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17
Section 1. The Governor is hereby authorized to execute a 19
deed in the name of the state conveying to a purchaser to be 20
determined pursuant to this act, and the purchaser's successors 21
and assigns or heirs and assigns, all of the state's right, 22
title, and interest in the following described real estate: 23
Situated partly in the City of Columbus and partly in the 25
township of Franklin, County of Franklin, State of Ohio, and 26
Virginia Military survey number 422, and being part of the lots 27
and tracts conveyed to Florence P. and Lawrence G. Distelhorst by 28
deed of record in deed book 1071, page 240, recorder's office, 29
Franklin County, Ohio. Said part being that portion which
remains after the conveyance of the seven and four hundredths 30
(7.04) acre tract by said Florence P. And Lawrence G. Distelhorst 31
to the Board of Education of the City School District, Columbus, 32
Ohio, by deed of record in deed book 1698, page 546 records 33
office, Franklin County, Ohio, said portion remaining being more 34
particularly described as follows: Beginning at a point, in the 35
south line of Griggs Avenue (Adams Street), five hundred and
twelve and sixty-six hundredths (512.66) feet east from the 36
northwest corner of lot number ten (10) of Mrs. J.O.B. Renick's 37
subdivision as said subdivision is shown on record in plat book 38
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four (4) page one hundred sixty-two (162) recorder's office, 39
Franklin County, Ohio; thence south sixteen (16) degrees east 40
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 41
to above, five hundred ninety-nine and eighty-one hundredth 42
(599.81) feet more or less to the south line of said five (5.0) 43
acre tract; thence north seventy-eight degrees (78) east two 44
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 45
three and three hundredths (3.03) acre tract described in the 46
deed referred to above, to the southeast corner of said three, 47
and three hundredths (3.03) acre tract; thence northerly in a 48
line parallel with the west line of Harmon Avenue, a distance of 49
three hundred sixty-five and eighty-eight hundredths (365.88)
feet; to the northeast corner of the twenty-five hundredths 50
(25/100) acre tract described in the deed referred to above; 51
thence westerly in a line parallel to the south line of Griggs 52
Avenue (Said line being the north line of said twenty-five
hundredths (25/100) acre tract), one hundred eighty-eight and 53
fifty-eight hundredths (188.58) feet; thence northerly in a line 54
parallel with the west line of Harmon Avenue (Said line being the 55
east line of lot number seven (7) of Mrs. J.O.B. Renick's 56
subdivision heretofore mentioned), two hundred twenty-five and 57
eighty hundredths (225.80) feet to the south line of Griggs
Avenue, thence south seventy-eight degrees (78) west along the 58
south side of Griggs Avenue one hundred feet to the place of 59
beginning, containing (3.02) acre, more or less, being the 60
western part of a tract known as 809 Harmon Avenue, Columbus, 61
Ohio.
Section 2. (A) Not later than ninety days after the 63
effective date of this act, the Director of Administrative 64
Services shall offer the real estate described in Section 1 of 65
this act for sale at public auction. 66
(B) The Director shall advertise any public auction held 68
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pursuant to this act in a newspaper of general circulation in 69
Franklin County at least once a week for three consecutive weeks 71
immediately prior to the date of the auction.
(C) The consideration for the conveyance of the real 73
estate described in Section 1 of this act shall be the amount 74
successfully bid at a public auction held pursuant to this act. 75
Except as provided in Division (F) of this section, the real 76
estate shall be subject to a minimum bid at auction of not less 77
than $177,000 and the real estate shall be sold to the highest 78
bidder at or above the minimum bid amount. The Director of 79
Administrative Services may reject any bid for any reason. 80
(D) The successful bidder at any public auction held 82
pursuant to this act shall pay at least ten per cent of the 83
purchase price at the time of sale and shall pay the balance of 84
the purchase price within sixty days of the date of the sale. If 85
the purchaser does not complete the conditions of the sale as 86
specified in this division, the Director may void the sale by 87
providing written notice to that effect, mailed to the defaulting 88
purchaser by certified mail, return receipt requested. If the 89
Director voids the sale, any part of the purchase price paid at 90
the time of the sale shall be forfeited to the state as 91
liquidated damages.
(E) If the successful bidder at any auction held pursuant 93
to this act does not complete the purchase and the Director voids 94
the sale pursuant to division (D) of this section, the Director 95
may offer the real estate for sale to the second-highest bidder 96
for the amount of the bid of the second-highest bidder. If the 97
second-highest bid at the first auction held pursuant to this act 98
is less than $177,000, the Director shall hold another auction 99
pursuant to division (F) of this section. 100
(F) If, at the first public auction held pursuant to this 102
section, no bid is received in an amount at or above the minimum 103
required bid of $177,000, the Director shall hold a second public 104
auction in accordance with the procedures set forth in this 105
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section. At the second public auction, the real estate shall be 106
sold to the highest bidder at a price acceptable to the Director. 107
The Director may reject any bid for any reason. 108
Section 3. The real estate described in Section 1 of this 110
act shall be conveyed as an entire tract and not in parcels. 111
Section 4. The Department of Commerce shall pay all costs 113
associated with the sale and conveyance of the real estate 114
described in Section 1 of this act, including advertising costs 115
and appraisal fees. 116
Section 5. Upon payment of the purchase price, the Auditor 118
of State, with the assistance of the Attorney General, shall 119
prepare a deed to the real estate described in Section 1 of this 120
act. The deed shall be executed by the Governor in the name of 121
the State, countersigned by the Secretary of State, sealed with 122
the Great Seal of the State, presented in the Office of the 123
Auditor of State for recording, and delivered to the purchaser. 124
The purchaser shall present the deed for recording in the Office 125
of the Franklin County Recorder. 126
Section 6. The net proceeds of the conveyance of the real 128
estate described in Section 1 of this act shall be deposited in 129
the State Treasury to the credit of the State Fire Marshal's Fund 130
created in section 3737.71 of the Revised Code. 131
Section 7. This act expires one year after its effective 133
date.