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S. B. No. 234As IntroducedAs Introduced
125th General Assembly | Regular Session | 2003-2004 |
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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:
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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