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As Passed by the Senate
123rd General Assembly
Regular Session
1999-2000 | H. B. No. 561 |
REPRESENTATIVES SALERNO-MEAD-GOODMAN-MYERS-TIBERI-
SENATORS LATTA-ESPY-BRADY-WATTS-JOHNSON
A BILL
To authorize the Director of Administrative Services to convey
state-owned real estate located in Franklin County to a purchaser
to be determined at public auction.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. The Governor is hereby authorized to execute a deed in
the name of the state conveying to a purchaser to be determined
pursuant to this act, and the purchaser's successors and assigns
or heirs and assigns, all of the state's right, title, and
interest in the following described real estate:
Situated partly in the City of Columbus and partly in the township of
Franklin, County of Franklin, State of Ohio, and Virginia Military survey
number 422, and being part of the lots and tracts conveyed to Florence P. and
Lawrence G. Distelhorst by deed of record in deed book 1071, page 240,
recorder's office, Franklin County, Ohio. Said part being that portion which
remains after the conveyance of the seven and four hundredths (7.04) acre
tract by said Florence P. And Lawrence G. Distelhorst to the Board of
Education of the City School District, Columbus, Ohio, by deed of record in
deed book 1698, page 546 records office, Franklin County, Ohio, said portion
remaining being more particularly described as follows: Beginning at a point,
in the south line of Griggs Avenue (Adams Street), five hundred and twelve and
sixty-six hundredths (512.66) feet east from the northwest corner of lot
number ten (10) of Mrs. J.O.B. Renick's subdivision as said subdivision is
shown on record in plat book four (4) page one hundred sixty-two (162)
recorder's office, Franklin County, Ohio; thence south sixteen (16) degrees
east 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 to above, five
hundred ninety-nine and eighty-one hundredth (599.81) feet more or less to the
south line of said five (5.0) acre tract; thence north seventy-eight degrees
(78) east two 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 three and three
hundredths (3.03) acre tract described in the deed referred to above, to the
southeast corner of said three, and three hundredths (3.03) acre tract; thence
northerly in a line parallel with the west line of Harmon Avenue, a distance
of three hundred sixty-five and eighty-eight hundredths (365.88) feet; to the
northeast corner of the twenty-five hundredths (25/100) acre tract described
in the deed referred to above; thence westerly in a line parallel to the south
line of Griggs Avenue (Said line being the north line of said twenty-five
hundredths (25/100) acre tract), one hundred eighty-eight and fifty-eight
hundredths (188.58) feet; thence northerly in a line parallel with the west
line of Harmon Avenue (Said line being the east line of lot number seven (7)
of Mrs. J.O.B. Renick's subdivision heretofore mentioned), two hundred
twenty-five and eighty hundredths (225.80) feet to the south line of Griggs
Avenue, thence south seventy-eight degrees (78) west along the south side of
Griggs Avenue one hundred feet to the place of beginning, containing (3.02)
acre, more or less, being the western part of a tract known as 809 Harmon
Avenue, Columbus, Ohio.
Section 2. (A) Not later than ninety days after the effective
date of this act, the Director of Administrative Services shall
offer the real estate described in Section 1 of this act for sale at public
auction.
(B) The Director shall advertise any public auction held pursuant
to this act in a newspaper of general circulation in Franklin County at least
once a week for three
consecutive weeks immediately prior to the date of the auction.
(C) The consideration for the conveyance of the real estate
described in Section 1 of this act shall be the amount
successfully bid at a public auction held pursuant to this act.
Except as provided in Division (F) of this section, the real
estate shall be subject to a minimum bid at auction of not less
than $177,000 and the real estate shall be sold to the highest
bidder at or above the minimum bid amount. The Director of
Administrative Services may reject any bid for any reason.
(D) The successful bidder at any public auction held pursuant to
this act shall pay at least ten per cent of the purchase price at
the time of sale and shall pay the balance of the purchase price
within sixty days of the date of the sale. If the purchaser does
not complete the conditions of the sale as specified in this
division, the Director may void the sale by providing written
notice to that effect, mailed to the defaulting purchaser by
certified mail, return receipt requested. If the Director voids
the sale, any part of the purchase price paid at the time of the
sale shall be forfeited to the state as liquidated damages.
(E) If the successful bidder at any auction held pursuant to this
act does not complete the purchase and the Director voids the sale
pursuant to division (D) of this section, the Director may offer
the real estate for sale to the second-highest bidder for the
amount of the bid of the second-highest bidder. If the second-highest
bid at the first auction held pursuant to this act is less than
$177,000, the Director shall hold another auction pursuant to
division (F) of this section.
(F) If, at the first public auction held pursuant to this
section, no bid is received in an amount at or above the minimum
required bid of $177,000, the Director shall hold a second public
auction in accordance with the procedures set forth in this
section. At the second public auction, the real estate shall be
sold to the highest bidder at a price acceptable to the Director.
The Director may reject any bid for any reason.
Section 3. The real estate described in Section 1 of this act
shall be conveyed as an entire tract and not in parcels.
Section 4. The Department of Commerce shall pay all costs
associated with the sale and conveyance of the real estate
described in Section 1 of this act, including advertising costs
and appraisal fees.
Section 5. 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 Section 1 of this act. 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 purchaser. The purchaser
shall present the deed for recording in the Office of the Franklin
County Recorder.
Section 6. The net proceeds of the conveyance of the real estate
described in Section 1 of this act shall be deposited in the State
Treasury to the credit of the State Fire Marshal's Fund created in
section 3737.71 of the Revised Code.
Section 7. This act expires one year after its effective date.
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