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Am. S. B. No. 275 As Passed by the SenateAs Passed by the Senate
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Senators Bacon, Beagle, Daniels, Lehner, Obhof, Wagoner
A BILL
To authorize the conveyance of state owned real
estate in Defiance County to the City of Defiance,
and to authorize the Governor to execute a deed
for property in Montgomery County previously
conveyed by the state to release all rights of
reversion.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. (A) The Governor is authorized to execute a deed
in the name of the state conveying to the City of Defiance in
Defiance County and its successors and assigns all of the state's
right, title, and interest in the following described real estate
located at 1430 South Jackson Street, Defiance, Ohio:
A tract of land lying in Defiance County, State of Ohio,
Township of Defiance, and known as a part lot 34 of the Auditors
Plat of Lots between the Maumee and Auglaize Rivers, being known
as the State Fish Hatchery Grounds. Being part southeast quarter
(SE 1/4) of Section twenty-seven (27), Township four (4) North,
Range four (4) East, and being more particularly described as
follows:
Commencing at a point being the centerline at the southerly
end of the Miami and Erie Canal Lock No. 34; thence South
48º-06-'00" West a distance of four hundred twenty-nine and one
tenth (429.10) feet, to a point; thence North 41º-54'-00" West a
distance of five hundred seven and sixty-nine hundredths (507.69)
feet to an iron pin, said iron pin being the true point of
beginning; thence North 48º-06'-00" East a distance of four
hundred twenty-nine and ten hundredths (429.10) feet to an iron
pin; thence South 41º-54'00" East a distance of one hundred fifty
and thirty-nine hundredths (150.39) feet to an iron pin, said iron
pin being on the northerly right-of-way line of South Jackson
Street; thence North 46º-52'00" East along said northerly
right-of-way line a distance of one hundred ninety-one and twenty
seven hundredths (191.27) feet to an iron pin; thence North
16º-58'00" West a distance of three hundred ninety-two and one
hundredths (392.01) feet to an iron pin; thence North 19º-56'-00"
West a distance one hundred ninety-one and sixty-five hundredths
(191.65) feet to an iron pin; thence North 00º-57'-00" West a
distance of one hundred four and no hundredths (104.00) feet to an
iron pin; thence North 21º-23'-00" West a distance of three
hundred forty-six and twenty-five hundredths (346.25) feet to an
iron pin, said point being on the southerly right-of-way line of
the Norfolk and Western Railroad right-of-way line, being a curve
0º-30'-00" right, South 68º-25'-15" West, a cord distance of four
hundred seventy-nine and seventy-four hundredths (479.74) feet to
an iron pipe; thence leaving the said southerly Norfolk and
Western Railroad right-of-way line, South 2º-39'-00" West, a
distance of eight hundred fifty and eighty-six hundredths (850.86)
feet to an iron pipe; thence South 41º-54'-00" East a distance of
three hundred fifty and two hundredths (350.02) feet to the above
mentioned true point of beginning. It being the intent of this
instrument to convey jurisdiction of that portion of land which is
presently occupied by the city of Defiance - Parks Department, and
containing fifteen and thirty-two hundredths (15.32) acres more or
less, subject to existing easements, restrictions and right-of-way
record.
Being part of Tax I.D. Parcel No. B110027001601.
(B) Consideration for conveyance of the real estate is ninety
thousand dollars, of which twenty thousand dollars is to be paid
to the state at closing and seventy thousand dollars is to be
credited at closing for improvements that the City of Defiance
already has made to premises.
(C) The City of Defiance shall pay the costs of the
conveyance, including recordation costs of the deed.
(D) The Auditor of State, with the assistance of the Attorney
General, shall prepare a deed to the real estate. 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 City of Defiance in Defiance County. The City of Defiance
shall present the deed for recording in the Office of the Defiance
County Recorder.
(E) This section expires one year after its effective date.
Section 2. (A) The Governor is authorized to execute a deed
in the name of the state conveying to Winsong Investments, LLC.,
of Columbus, Ohio (hereinafter the "grantee"), and its successors
and assigns, all of the state's right, title, and interest in real
estate located in the City of Dayton, County of Montgomery. The
deed shall expressly release any and all rights of reversion for
the benefit of the state and any covenants and restrictions with
respect to the construction or use of the real estate contained in
any prior deeds from the state with respect to the real estate,
including, without limitation, the rights of revision, covenant,
and restriction set forth in that certain Governor's deed dated
June 22, 1982, and recorded in Deed Microfiche 82-334B03 of the
Montgomery County, Ohio, Records, that certain Governor's deed
dated September 11, 1984, and recorded in Deed Microfiche
84-0547B11 of the Montgomery County, Ohio, Records, and that
certain Governor's deed dated August 16, 2001, and recorded in
Deed Microfiche 01-0590A04 of the Montgomery County, Ohio,
Records.
(B) The Auditor of State, with the assistance of the Attorney
General, shall prepare a deed to the real estate. 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 grantee. The grantee shall
present the deed for recording in the Office of the Montgomery
County Recorder.
(C) This section expires one year after its effective date.
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