130th Ohio General Assembly
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(122nd General Assembly)
(Substitute House Bill Number 557)



AN ACT
To authorize the conveyance of state-owned real estate located in Logan County, upon which is located a facility known as the Flat Branch Sewage Treatment Plant, to the Board of County Commissioners of Logan County and to authorize the conveyance of state-owned real estate located in Hocking County, known as the Logan Armory, to the Board of County Commissioners of Hocking County.

Be it enacted by the General Assembly of the State of Ohio:

SECTION 1 .  (A) The Governor is hereby authorized to execute a deed in the name of the state conveying to the Board of County Commissioners of Logan County and its successors and assigns, all of the state's right, title, and interest in the following described real estate and improvements thereon, located in Logan County and known as the Flat Branch Sewage Treatment Plant:

Being a tract of land situated in Virginia Military Survey 4606, in Zane Township, Logan County, Ohio, and being more particularly described as follows:

Commencing at an iron pin in the apparent centerline of County Road #153; thence North 81 degrees 06' 55" West a distance of 965.65 feet to an iron pin in the apparent centerline of County Road #153 at the southeast corner of a 63.30 acre tract now or formerly owned by Darby Creek Center Ltd. by instrument of record in Deed Book 357, pages 447-454; thence with a line through the grantor's 63.30 acre tract North 65 degrees 38' 05" West a distance of 2707.63 feet to the true point of beginning, said point being the southwesterly corner of the tract herein described; thence along the westerly line of said tract North 21 degrees 30' 43" West a distance of 553.71 feet to a point; thence along the northerly line of the tract North 55 degrees 54' 18" East a distance of 578.90 feet; thence along the easterly line of the tract South 21 degrees 30' 43" East a distance of 679.82 feet to a point; thence along the southerly line of the tract South 68 degrees 29' 18" West a distance of 565.00 feet to the point of beginning, containing 8.000 acres, more or less.

TOGETHER WITH THE FOLLOWING DESCRIBED APPURTENANT EASEMENTS:

(1) Easement from Carrier Corporation to the Transportation Research Board of Ohio, dated December 14, 1977, filed January 4, 1978, and recorded in Deed Book 374, page 440, Recorder's Office, Logan County, Ohio.

(2) Easement from Clarence W. Hagar and Lela R. Hagar to the Transportation Research Board of Ohio, dated December 8, 1977, filed March 5, 1978, and recorded in Deed Book 375, page 78, Recorder's Office, Logan County, Ohio.

(3) Easement from Darby Creek Center, Ltd. to the Transportation Research Board of Ohio, Dated February 24, 1978, filed March 6, 1978, and recorded in Deed Book 375, page 80, Recorder's Office, Logan County, Ohio.

(4) Easement from Darby Creek Center, Ltd. to the Transportation Research Board of Ohio, dated December 8, 1977, filed March 6, 1978, and recorded in Deed Book 375, page 84, Recorder's Office, Logan County, Ohio.

(5) Easement from Dana Corporation of Toledo, Ohio to the Transportation Research Board of Ohio, dated January 18, 1978, filed February 1, 1978, and recorded in Deed Book 374, page 679, Recorder's Office, Logan County, Ohio.

(6) Easement from The Fifth Third Bank, Trustee to the Transportation Research Board of Ohio, dated December 16, 1977, filed January 4, 1978, and recorded in Deed Book 374, page 435, Recorder's Office, Logan County, Ohio.

(B) Consideration for the conveyance of the real estate described in division (A) of this section is the mutual benefit accruing to the State of Ohio and to Logan County by having the Board of County Commissioners of Logan County operate the Flat Branch Sewage Treatment Plant, thereby enabling the extension of sewer services to additional residents of Logan County.

(C) The Board of County Commissioners of Logan County shall pay the costs of the conveyance of the real estate described in division (A) of this section.

(D) Within one year of the effective date of this act, the Auditor of State, with the assistance of the Attorney General, shall prepare a deed to the real estate described in division (A) of this section. The deed shall state the consideration. The deed shall be executed by the Governor in the name of the state, countersigned by the Secretary of State, sealed with the Great Seal of the State, presented in the Office of the Auditor of State for recording, and delivered to the Board of County Commissioners of Logan County. The Board of County Commissioners of Logan County shall present the deed for recording in the Office of the Logan County Recorder.

SECTION 2 .  (A) This section is remedial, with the purpose being to remedy an error in Am. Sub. H.B. 376 of the 121st General Assembly by substituting a correct legal description for a parcel of real estate designated as "Parcel No. 16

SECTION " and described in division (A) of Section 2 of that act .  Am. Sub. H.B. 376 of the 121st General Assembly authorized the conveyance of property the

adjutantg

SECTION eneral determined was no longer needed for armory or military purposes .  The legal description contained in that act for Parcel No. 16, an armory located in Hocking County, Ohio, was erroneous because it did not reflect previous deletions from and additions to that parcel. Thus a deed to convey that armory could not be recorded. The purpose of this section is to authorize the conveyance of the armory located in Hocking County, Ohio, using the correct legal description and reflecting the terms that the Director of Administrative Services established pursuant to the procedures specified in division (B) of Section 2 of Am. Sub. H.B. 376 of the 121st General Assembly.

(B) Pursuant to section 5911.10 of the Revised Code, the Governor is hereby authorized to execute a deed in the name of the state conveying to the Board of County Commissioners of Hocking county and its successors and assigns, all of the state's right, title, and interest in the following described three parcels of real estate and improvements thereon that the Adjutant General has determined are no longer required for armory or military purposes, located in Hocking County and known as the Logan Armory:

Parcel 1:

Volume 108, Page 489, Hocking County Deed Records

Situated in the Township of Green, County of Hocking, and State of Ohio: Being part of Lot 2, Section 34, Green Township, T13N, R16W, Hocking County and State of Ohio, and further described as follows: Commencing at a tile set on the township line between Falls and said Green Townships, and at the Southeast corner of Section 12 of said Falls Township; thence South 34°,5' East 2221.87 feet to an iron pin set on the South right of way line of U.S. Route No. 33, and on the West line of the Grantor's land, said iron pin being the place of beginning for the tract of land herein conveyed; thence on the Grantor's West property line South 4° 43'45" West 905.31 feet to an iron pipe; thence South 85° 16'15" East 500.00 feet to an iron pin; thence North 4° 44'45" East 580.20 feet to an iron pin set on said South R/W line of U.S. Route No. 33; thence on said R/W line North 52° 16' West 474.26 feet to an iron pin set at the Northeast Corner of a 100 ft. by 100 ft. lot; thence around three sides of said lot, South 4° 45'30" West 100.21 feet to an iron pin; thence North 52° 05' West 100.00 feet to an iron pin; thence North 4° 45' East 100.00 feet to an iron pin; thence again on said South R/W line of U.S. Route 33, North 52° 00' West 22.09 feet to the place of beginning, containing eight and one-third acres, more or less, subject to easements and rights of way of record and legal highways.

Except:

Parcel transferred to the Logan Trade Club Ohio Development Corporation on July 31, 1963, recorded in Volume 113, Page 248, Hocking County Deed Records

Being a part of Lot 2, Section 34, Green Township, T 13 N, R 16 W, Hocking County, State of Ohio, and further described as follows: Commencing at a tile set on the Township line between Falls and said Green Townships, and at the Southeast corner of Section 12 of said Falls Township; thence South 34° 05' East 2221.87 feet to an iron pin set in the South right-of-way line of U.S. Route No. 33; thence South 4° 43'45" West 905.31 feet to an iron pipe; thence South 85° 16'15" East 303.37 feet to the place of beginning for the tract of land conveyed herein; thence South 85° 16'15" East 196.63 feet to an iron pin; thence North 4° 16'15" East 196.63 feet to an iron pin; thence North 4° 44'45" East 303.05 feet; thence South 37° 44' West 361.28 feet to the place of beginning, containing .684 acres, more or less, subject to existing easements, rights-of-way and legal highways.

Parcel 2:

Parcel transferred to the State of Ohio on July 31, 1963, recorded in Volume 113, Page 246, Hocking County Deed Records

Being a part of Lot 2, Section 34, Green Township, T 13 N, R 16 W, Hocking County, State of Ohio, and further described as follows: Commencing at a tile set on the Township line between Falls and said Green Townships, and at the Southeast corner of Section 12 of said Falls Township; thence South 34° 05' East 2221.87 feet to an iron pin set in the South right-of-way line of U.S. Route No. 33; thence South 4° 43'45" West 905.31 feet to an iron pipe, being the place of beginning for the tract of land herein conveyed; thence South 4° 43'45" West 467.37 feet; thence North 37° 44' East 557.63 feet; thence North 85° 16'15" West 303.37 feet to the place of beginning, containing 1.627 acres, more or less.

Parcel 3:

Parcel transferred to the State of Ohio on July 31, 1963, recorded in Volume 113, Page 246, Hocking County Deed Records

Being a part of Lot 2, Section 34, Green Township, T 13 N, R 16 W, Hocking County, State of Ohio, and further described as follows: Commencing at a tile set on the Township line between Falls and said Green Townships, and at the Southeast corner of Section 12 of said Falls Township; thence South 34° 05' East 2221.87 feet to an iron pin set in the South right-of-way line of U.S. Route No. 33; thence South 52° 16' East 596.35 feet to an iron pin, being the place of beginning for the tract of land herein conveyed; thence South 4° 44'45" West 277.15 feet; thence North 37° 44' East 232.47 feet; thence North 52° 16' West 150.78 feet to the place of beginning, containing .423 acres, more or less.

(C) Consideration for the conveyance of the real estate described in division (B) of this section is a purchase price of $470,000.

(D) The grantee shall pay the costs of the conveyance of the real estate described in division (B) of this section.

(E) The net proceeds of the conveyance of the parcels described in division (B) of this section shall be deposited in the state treasury to the credit of the Armory Improvements Fund in the Adjutant General's Department pursuant to section 5911.10 of the Revised Code.

(F) Upon payment of the purchase price, the Auditor of State, with the assistance of the Attorney General, shall prepare a deed to the real estate described in division (B) of this section. The deed shall state the consideration. The deed shall be executed by the Governor, countersigned by the Secretary of State, sealed with the Great Seal of the State, presented in the Office of the Auditor of State for recording, and delivered to the Board of County Commissioners of Hocking County. The Board of County Commissioners of Hocking County shall present the deed for recording in the Office of the Hocking County Recorder.

(G) The conveyance described in this section is deemed to be a conveyance to a county pursuant to division (B)(2) of Section 2 of Am. Sub. H.B. 376 of the 121st General Assembly so that, pursuant to Section 6 of Am. Sub. S.B. 293 of the 121st General Assembly, the Board of County Commissioners of Hocking County may request and receive a release of up to 50 per cent of the sales price of the armory, and that any release of the sales price be subject to the conditions specified in Section 2 of Am. Sub. S.B. 293 of the 121st General Assembly.

SECTION 3 .  This act expires one year after its effective date.

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