130th Ohio General Assembly
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S. B. No. 234As Introduced
As Introduced

125th General Assembly
Regular Session
2003-2004
S. B. No. 234


SENATOR Mumper



A BILL
To authorize the Adjutant General to transfer a specified parcel of state-owned real estate no longer needed for armory or military purposes to the grantor of the parcel pursuant to the reversionary clause in the parcel's deed, and to authorize the conveyance of ten parcels of state-owned real estate that the Adjutant General has determined are no longer required for armory or military purposes to a buyer or buyers to be determined at a later date.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. (A) The Adjutant General has determined that the following described property is no longer needed by the Ohio National Guard for armory or military purposes and requests the Department of Administrative Services to assist in transferring the property. The reversionary language contained in the deed whereby the property was acquired requires the property to revert to the Board of County Commissioners of Logan County if the property ceases to be used for armory or military purposes. The Adjutant General is hereby authorized to give proper effect to the reversionary language in the original deed. A Governor's Deed shall be prepared by the Auditor of State with the assistance of the Attorney General, to be executed by the Governor, countersigned by the Secretary of State, sealed with the Great Seal of the State, and presented for recording in the office of the Auditor of State. The deed shall be delivered to the original grantor of the property for recording in the office of the Logan County Recorder. The Governor is hereby authorized to execute the deed in the name of the state, conveying to the Board of County Commissioners of Logan County all of the state's right, title, and interest in the parcel described as follows:
Parcel No. 1
Bellefontaine Armory Property - Volume____, Page____, Logan County Deed Records
Tract 1 - Situated in the City of Bellefontaine, Lake Township, Logan County, Ohio, and being in Section 34, Town 4, Range 14: Beginning at a monument at the intersection of the center line of South Main Street with the center line of West Lake Avenue, the center line of Carlisle Avenue and the present south corporation line of Bellefontaine; thence with said corporation line, and parallel with and 20 feet distant measured at right angles from the north line of East Lake Avenue, S. 86 degrees 3' E. 30 feet to a point in the east property line of Main Street; thence with the east property line of Main Street N. 4 degrees 35' E. 104 feet to an iron pin in the northwest corner of S. S. Johnson's 29/100 acre tract, said point being the beginning point of this survey; thence continuing with the east line of Main Street, N. 4 degrees 35' E. 170 feet to an iron pin; thence S. 86 degrees 3' E. 150 feet to the west line of Logan County Fairgrounds; thence with the west line of the Logan County Fairgrounds S. 4 degrees 35' W. 170 feet to an iron pin in S. S. Johnson's northeast corner; thence with Johnson's north line N. 86 degrees 3' W. 150 feet to the place of beginning, containing 58/100 acres.
Tract 2 - Situated in the City of Bellefontaine, Lake Township, Logan County, Ohio, and being in Section 34, Town 4, Range 14; of the Between Miami Rivers Survey.
Commencing at a monument at the intersection of the center line of South Main Street with the center line of West Lake Avenue, and the center line of Carlisle Avenue; thence parallel with and 20 feet distant measured at right angles from the north line of East Lake Avenue, S. 86 deg. and 03 min. E. 30.0 feet to a point in the east property line of South Main Street; thence in the east property line of South Main Street N. 4 deg. and 35 min. E. 274.0 feet to an iron pin in the northwest corner of the City of Bellefontaine's 0.58 acre tract, said point being the beginning point of this description; thence continuing with the east line of South Main Street, N. 4 deg. and 35 min. E. 80.00 feet to an iron pin; thence S. 86 deg. and 03 min. E. 210 feet to an iron pin; thence S. 4 deg. and 35 min. W. 334.00 feet to the north line of Lake Avenue, (passing an iron pin at 324 feet); thence with the north line of Lake Avenue N. 86 deg. And 03 min. W. 60.0 feet to S. S. Johnson's southeast corner; thence with Johnson's east line and the east line of the City of Bellefontaine's 0.58 acre tract N. 4 deg. and 35 min. E. 254.00 feet to an iron pin in the City of Bellefontaine's tract northeast corner (passing an iron pin at 10.00 feet); thence with the City's north line N. 86 deg. and 03 min. W. 150 feet to the place of beginning, containing 0.74 acres. Reserving however the right of way for public highway purposes over a strip of land 10.00 feet in width immediately north of and abutting on Lake Avenue.
The above tract is a portion of a 3.89 acre tract belonging to Logan County Commissioners and being a portion of the Logan County, Fairground. The bearings used in the above description are true bearings.
(B) The Board of County Commissioners of Logan County shall pay all costs associated with the transfer and conveyance of the property described in division (A) of this section, including, but not limited to, recordation costs of the Governor's Deed.
(C) This section expires five years after its effective date.
Section 2. (A) 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 a buyer or buyers to be determined in the manner provided in division (C) of this section, and the buyer's or buyers' successors and assigns or heirs and assigns, all of the state's right, title, and interest in the following described parcels of real estate that the Adjutant General has determined are no longer needed by the Ohio National Guard for armory or military purposes:
Parcel No. 1 - Napoleon Armory Property - Volume 97, Page 122, Henry County Deed Records
Lot No. one hundred (100) in the original plat of the Village of Napoleon, County of Henry and State of Ohio.
Parcel No. 2 - Bowling Green Armory, MVSB Property - Volume 158, Page 81, Wood County Deed Records
Lots numbered Two hundred and Eight (208) and Two hundred and Nine (209) in Alfred Thurstin's Addition to the Village, now City of Bowling Green in the County of Wood and State of Ohio
Parcel No. 3 - Findlay Armory - Volume 178, Page 106, Hancock County Deed Records
Situated in the City of Findlay, County of Hancock and State of Ohio, and known as Lots numbered One Hundred and Forty-one (141) and One Hundred and forty-two (142) in the Original Plan to the said City of Findlay.
Parcel No. 4 - Hillsboro MVSB Property - Volume____, Page____, Highland County Deed Records
Situated within the corporate limits of the Village of Hillsboro, on the north side of John Street, being a part of the "Fairgrounds", and being more particularly described as follows: Beginning at an iron pipe in the north line John St., said iron pipe being west a distance of 200 ft. from a post marking the southeast corner of aforesaid "Fairgrounds"; thence running in a northerly direction and at right angles to aforesaid Street, a distance of 300 ft. to an iron pipe; thence running a westerly direction and parallel to said Street a distance of 150 ft. to an iron pipe; thence running in a southerly direction and at right angles to said Street, a distance of 300 ft. to an iron pipe in the north line of said Street; thence running in an easterly direction and with the north line of said Street, a distance of 150 ft. to the place of beginning; the parcel of land containing a calculated area of 1 acre and 5 sq. rds. More or less.
Parcel No. 5 - Hillsboro Armory Property - Volume 113, Page 143, Highland County Deed Records
Being situated in the Village of Hillsboro, Highland County, State of Ohio, being a part of the Inlot Number Forty-four, described as follows: Beginning at the south-west corner of said Inlot No. 44, at the intersection of High and Beech Streets; thence with the west line of said Inlot No. 44, and the east line of High Street, 99 feet, the full width of said Inlot, to the north-west corner thereof; thence eastwardly with the north line of said Inlot 125 feet; thence southwardly, parallel with High Street, across said Inlot, 99 feet to the south line of said Inlot and the north line of Beech Street; thence westwardly with the south line of said Inlot and the north line of Beech Street, 125 feet to the beginning.
Parcel No. 6 - Barberton Armory, MVSB, MCOFT Property - Volume 2619, Page 529, Summit County Deed Records
Situated in the City of Barberton, and formerly part of O.D. 581, Norton Township, County of Summit and state of Ohio and more fully described as follows:
Beginning at the intersection of the east right of way line of The Akron & Barberton Belt Line Railway with the south line of Norton Ave.; Thence easterly along the said south line of Norton Ave. a distance of 785.5 feet to the center of Decker Ditch, said point being 64 feet westerly from the west line of Firth St. N.W.; Thence southwesterly on the center line of said Decker Ditch a distance of 1428 feet to a point on the east right of way line of the Akron & Barberton Belt Line Railway; Thence northeasterly along said east right of way line a distance of 1025 feet to the place of beginning and containing 8.96 acres.
Parcel No. 7 - Coshocton Armory, MVSB & Unit Storage Building Property - Volume____, Page____, Coshocton County Deed Records
Situated in the County of Coshocton in the State of Ohio, and in the City of Coshocton and bounded and described as follows:
Lots numbered 2282, 2283, 2284, 2285, 2286, 2287, 2288, 2289, 2290, 2291, 2292, 2293, 2304, 2305, 2306, 2307, 2308, 2309, 2310, 2311, 2312, and 2313, as shown on the plat of said City of Coshocton.
Parcel No. 8 - Cincinnati - Shadybrook Drive Armory, OMS #6, Unit Storage Building Property - Volume 129, Page 422, Hamilton County Deed Records
Situated in Springfield Township, Section 7, Town 3, Entire Range 1, Miami Purchase, Hamilton County, Ohio, and more fully described as follows:
Beginning at a point N. 85 degrees 39' W., 1,106.14 feet from the center line of Vine Street along the center line of Shadybrook Drive, thence at right angles N. 4 degrees 21" E., 30.00 feet to the S.W. corner of the herein described property; thence from the stake at this corner N. 4 degrees 21' E., 556.50 feet to a stake in the N.W. corner; thence S. 85 degrees 39' E., 586.40 feet to a stake located 1.00 foot West of an existing chain link fence; thence S. 1 degree 13' W., 557.35 feet parallel with the fence to a stake which is 30.04 feet from the center line of Shadybrook Drive; thence N. 85 degrees 39' W., 617.02 feet parallel with Shadybrook Drive to the point of beginning. Being a tract of 7.69 acres.
Being part of the premises conveyed to Lessor herein in Deed Book No. 1248, Page 86, Hamilton County, Ohio, Records.
Parcel No. 9 - Cincinnati - Reading Road, MVSB & MCOFT Property - Volume 1710, Page 172, Hamilton County Deed Records
All that tract of land in the City of Cincinnati, Hamilton County, Ohio, being part of Lots 48 and 49 on the plat of Mitchell-Armstrong Syndicate 2nd Subdivision, as recorded in Plat Book No. 13 page 131 Hamilton County Records, beginning at the northeast corner of Reading Road and Asmann Avenue (formerly Hopkins Avenue); thence east along the north line of Asmann Avenue (formerly Hopkins Avenue) nine hundred and fifty (950) feet more or less to the west line of property conveyed to The City of Cincinnati for street, boulevard, and park purposes, by Eugenia H. Bragg, by deed dated April 23, 1912, and recorded in Deed Book No. 1065 page 255 Hamilton County Ohio Records; thence north along said west line three hundred and eighty-five (385) feet more or less to the north line of said lot 49; thence west along the north line of said lot four hundred and ninety-five (495) feet more or less to the east line of Reading Road; thence southwestwardly along said easterly line five hundred (500) feet more or less to the place of beginning, containing five and 92/100 (5.92) acres more or less; Being the same property conveyed to the Grantor by Caleb S. Bragg et al by deed dated January 15, 1920 and recorded in Deed Book 1206, page 346, Records of Hamilton County, Ohio.
Parcel No. 10 - Chillicothe Armory - Volume 201, Page 177, Ross County Deed Records
Situate in the City Park in the City of Chillicothe, County of Ross, and state of Ohio, be, and the same is hereby donated to the State of Ohio: - Beginning at a point 628.88' on the center line of Paint Street extended, (which has a bearing of N. 11 degrees 8 minutes W.) from the intersection of the North property line of Riverside Street with the center line of Paint Street; thence N. 28 degrees 46 minutes E. 102.73' to a stake; thence N. 14 degrees 20 minutes W. 300' to a stake in the south side of a cinder path; thence with the path S. 82 degrees 40 minutes W. 201.50' to a stake; thence S. 14 degrees 20 minutes E. 324.56' to a stake near the north side of the Park roadway; thence S. 47 degrees 43 minutes E. 150.20' to a steel flag pole in the concrete foundation of the Park cannon; thence N. 28 degrees 46 minutes E. 69.02' to the beginning, containing 1.67 acres of land more or less.
(B) At the request of the Adjutant General, the Director of Administrative Services shall, pursuant to the procedures described in division (C) of this section, assist in the sale of any of the parcels described in division (A) of this section.
(C) The Adjutant General's Department shall appraise the parcels described in division (A) of this section or have them appraised by one or more disinterested persons for a fee to be determined by the Adjutant General. The Adjutant General shall offer the parcels for sale as follows:
(1) The Adjutant General first shall offer a parcel for sale at its appraised value to the municipal corporation or township in which it is located.
(2) If, after sixty days, the municipal corporation or township has not accepted the Adjutant General's offer to sell the parcel at its appraised value or has accepted the offer but has failed to complete the purchase, the Adjutant General shall offer the parcel at its appraised value to the county in which it is located.
(3) If, after sixty days, the county has not accepted the Adjutant General's offer to sell the parcel at its appraised value or has accepted the offer but has failed to complete the purchase, a public auction shall be held, and the parcel shall be sold to the highest bidder at a price acceptable to the Adjutant General. The Adjutant General may reject any and all bids.
The Adjutant General shall advertise each public auction in a newspaper of general circulation within the county in which the parcel is located, once a week for two consecutive weeks prior to the date of the auction. The terms of sale of the parcel pursuant to the public auction shall be payment of ten per cent of the purchase price in cash, bank draft, or certified check on the date of sale, with the balance payable within sixty days after the date of sale. A purchaser who does not timely complete the conditions of the sale as prescribed in this section shall forfeit to the state the ten per cent of the purchase price paid on the date of the sale as liquidated damages.
(D) Advertising costs, appraisal fees, and other costs of the sale of the parcels described in division (A) of this section shall be paid by the Adjutant General's Department.
(E) Upon the payment of ten per cent of the purchase price of a parcel described in division (A) of this section in accordance with division (C)(3) of this section or upon notice from the Adjutant General's Department that a parcel described in division (A) of this section has been sold to a municipal corporation, township, or county in accordance with division (C) of this section, a deed shall be prepared for that parcel by the Auditor of State with the assistance of the Attorney General, be executed by the Governor, countersigned by the Secretary of State, sealed with the Great Seal of the State, and presented for recording in the office of the Auditor of State. Upon the grantee's payment of the balance of the purchase price, the deed shall be delivered to the grantee. The grantee shall present the deed for recording in the office of the county recorder of the county in which the parcel is located.
(F) The net proceeds of the sales of the parcels described in division (A) of this section shall be deposited in the state treasury to the credit of the Armory Improvements Fund pursuant to section 5911.10 of the Revised Code.
(G) If a parcel described in division (A) of this section is sold to a municipal corporation, township, or county and that political subdivision sells the parcel within two years after its purchase, the political subdivision shall pay to the state, for deposit in the state treasury to the credit of the Armory Improvements Fund pursuant to section 5911.10 of the Revised Code, an amount representing one-half of any net profit derived from that subsequent sale. The net profit shall be computed by first subtracting the price at which the political subdivision bought the parcel from the price at which the political subdivision sold the parcel, and then subtracting from that remainder the amount of any expenditures the political subdivision made for improvements to the parcel.
(H) This section shall expire five years after its effective date.
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