As Passed by the Senate 1 123rd General Assembly 4 Regular Session H. B. No. 561 5 1999-2000 6 REPRESENTATIVES SALERNO-MEAD-GOODMAN-MYERS-TIBERI- 9 SENATORS LATTA-ESPY-BRADY-WATTS-JOHNSON _________________________________________________________________ 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 2 subdivision as said subdivision is shown on record in plat book 38 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 3 (B) The Director shall advertise any public auction held 68 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 4 auction in accordance with the procedures set forth in this 105 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.