As Passed by the Senate

129th General Assembly
Regular Session
2011-2012
Am. S. B. No. 275


Senator Hite 

Cosponsors: Senators Bacon, Beagle, Daniels, Lehner, Obhof, Wagoner 



A BILL
To authorize the conveyance of state owned real 1
estate in Defiance County to the City of Defiance, 2
and to authorize the Governor to execute a deed 3
for property in Montgomery County previously 4
conveyed by the state to release all rights of 5
reversion.6


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. (A) The Governor is authorized to execute a deed 7
in the name of the state conveying to the City of Defiance in 8
Defiance County and its successors and assigns all of the state's 9
right, title, and interest in the following described real estate 10
located at 1430 South Jackson Street, Defiance, Ohio:11

       A tract of land lying in Defiance County, State of Ohio, 12
Township of Defiance, and known as a part lot 34 of the Auditors 13
Plat of Lots between the Maumee and Auglaize Rivers, being known 14
as the State Fish Hatchery Grounds. Being part southeast quarter 15
(SE 1/4) of Section twenty-seven (27), Township four (4) North, 16
Range four (4) East, and being more particularly described as 17
follows:18

       Commencing at a point being the centerline at the southerly 19
end of the Miami and Erie Canal Lock No. 34; thence South 20
48º-06-'00" West a distance of four hundred twenty-nine and one 21
tenth (429.10) feet, to a point; thence North 41º-54'-00" West a 22
distance of five hundred seven and sixty-nine hundredths (507.69) 23
feet to an iron pin, said iron pin being the true point of 24
beginning; thence North 48º-06'-00" East a distance of four 25
hundred twenty-nine and ten hundredths (429.10) feet to an iron 26
pin; thence South 41º-54'00" East a distance of one hundred fifty 27
and thirty-nine hundredths (150.39) feet to an iron pin, said iron 28
pin being on the northerly right-of-way line of South Jackson 29
Street; thence North 46º-52'00" East along said northerly 30
right-of-way line a distance of one hundred ninety-one and twenty 31
seven hundredths (191.27) feet to an iron pin; thence North 32
16º-58'00" West a distance of three hundred ninety-two and one 33
hundredths (392.01) feet to an iron pin; thence North 19º-56'-00" 34
West a distance one hundred ninety-one and sixty-five hundredths 35
(191.65) feet to an iron pin; thence North 00º-57'-00" West a 36
distance of one hundred four and no hundredths (104.00) feet to an 37
iron pin; thence North 21º-23'-00" West a distance of three 38
hundred forty-six and twenty-five hundredths (346.25) feet to an 39
iron pin, said point being on the southerly right-of-way line of 40
the Norfolk and Western Railroad right-of-way line, being a curve 41
0º-30'-00" right, South 68º-25'-15" West, a cord distance of four 42
hundred seventy-nine and seventy-four hundredths (479.74) feet to 43
an iron pipe; thence leaving the said southerly Norfolk and 44
Western Railroad right-of-way line, South 2º-39'-00" West, a 45
distance of eight hundred fifty and eighty-six hundredths (850.86) 46
feet to an iron pipe; thence South 41º-54'-00" East a distance of 47
three hundred fifty and two hundredths (350.02) feet to the above 48
mentioned true point of beginning. It being the intent of this 49
instrument to convey jurisdiction of that portion of land which is 50
presently occupied by the city of Defiance - Parks Department, and 51
containing fifteen and thirty-two hundredths (15.32) acres more or 52
less, subject to existing easements, restrictions and right-of-way 53
record.54

       Being part of Tax I.D. Parcel No. B110027001601.55

        (B) Consideration for conveyance of the real estate is ninety 56
thousand dollars, of which twenty thousand dollars is to be paid 57
to the state at closing and seventy thousand dollars is to be 58
credited at closing for improvements that the City of Defiance 59
already has made to premises.60

        (C) The City of Defiance shall pay the costs of the 61
conveyance, including recordation costs of the deed.62

        (D) The Auditor of State, with the assistance of the Attorney 63
General, shall prepare a deed to the real estate. The deed shall 64
state the consideration. The deed shall be executed by the 65
Governor in the name of the state, countersigned by the Secretary 66
of State, sealed with the Great Seal of the State, presented in 67
the Office of the Auditor of State for recording, and delivered to 68
the City of Defiance in Defiance County. The City of Defiance 69
shall present the deed for recording in the Office of the Defiance 70
County Recorder.71

        (E) This section expires one year after its effective date.72

       Section 2. (A) The Governor is authorized to execute a deed 73
in the name of the state conveying to Winsong Investments, LLC., 74
of Columbus, Ohio (hereinafter the "grantee"), and its successors 75
and assigns, all of the state's right, title, and interest in real 76
estate located in the City of Dayton, County of Montgomery. The 77
deed shall expressly release any and all rights of reversion for 78
the benefit of the state and any covenants and restrictions with 79
respect to the construction or use of the real estate contained in 80
any prior deeds from the state with respect to the real estate, 81
including, without limitation, the rights of revision, covenant, 82
and restriction set forth in that certain Governor's deed dated 83
June 22, 1982, and recorded in Deed Microfiche 82-334B03 of the 84
Montgomery County, Ohio, Records, that certain Governor's deed 85
dated September 11, 1984, and recorded in Deed Microfiche 86
84-0547B11 of the Montgomery County, Ohio, Records, and that 87
certain Governor's deed dated August 16, 2001, and recorded in 88
Deed Microfiche 01-0590A04 of the Montgomery County, Ohio, 89
Records.90

       (B) The Auditor of State, with the assistance of the Attorney 91
General, shall prepare a deed to the real estate. The deed shall 92
be executed by the Governor in the name of the state, 93
countersigned by the Secretary of State, sealed with the Great 94
Seal of the State, presented in the Office of the Auditor of State 95
for recording, and delivered to the grantee. The grantee shall 96
present the deed for recording in the Office of the Montgomery 97
County Recorder.98

       (C) This section expires one year after its effective date.99