130th Ohio General Assembly
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Am. S. B. No. 275  As Passed by the Senate
As Passed by the Senate

129th General Assembly
Regular Session
2011-2012
Am. S. B. No. 275


Senator Hite 

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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