SB 217: Authorize conveyance of state-owned land.

Section 1. (A)

The Governor may execute a Governor's Deed in the name of the state conveying to one or more purchaser or purchasers, their heirs, successors, and assigns all of the State's right, title, and interest in the following described real estate:

Situated in the State of Ohio, County of Greene, in the City of Xenia, in Virginia Military Survey 548.

Beginning at the North West corner of Lot No. 12 of Block 7 of Frank W. Dodds 2nd Addition to the City of Xenia;

Thence with the W line of said Lot No. 12 and the East line of Detroit Boulevard, South 20 feet to a point in the West line of said Lot;

Thence at right angles to the West line of said lot, 16 feet to the point of beginning of the following description:

Thence, Southwardly, parallel and 16 feet East of the West line of Lot No. 12, 289 feet to a point 35 feet North of the North line of Park Drive;

Thence, in a Northeasterly direction, parallel with the North line of Park Drive and 30 feet from the same, 444 feet to a point;

Thence, in a Northwesternly direction 29 feet to a point 20 feet South of the South line of Weaver Street;

Thence, in a Westerly direction, parallel with the South line of said Weaver Street and 20 feet South of same, 340 feet to the beginning of this description, containing 54,444 square feet ( 1.25 acres). The above described tract is parts of Lot Nos. $1-2-3-4-5-6-7-8-9-10-11-12$ of Block No. 7 of Frank W. Dodds Second Addition to Xenia as recorded in Plat Book No. 2, Page 102 - 103 (now known as Plat Cabinet 31, Pages 267B-268A) of Greene County Plat Records.

Parcel Number(s): M40000200040012600, M40000200040012700, M40000200040012800, M40000200040012900, M40000200040013000, M40000200040013100, M40000200040013200, M40000200040013300, M40000200040013400, M40000200040013500, M40000200040013600, M40000200040013700

Prior Instrument: Deed Book 145, Page 118 - Greene County Recorder

The foregoing legal description may be corrected or modified by the Department of Administrative Services to a final form if such corrections or modifications are needed to facilitate recordation of the deed.

(B)(1)

The conveyance shall include the improvements and chattels situated on the real estate, and is subject to all leases, agreements, licenses, permits, memoranda of understanding, easements, covenants, conditions, reservations, and restrictions of record, and encroachments whether of record or not; all legal highways and public rights of way; zoning, building, and other laws, ordinances, restrictions, and regulations; and real estate taxes and assessments not yet due and payable. The real estate shall be conveyed in an "as-is, where-is, with all faults" condition.

(2)

The deed or deeds for the conveyance of the real estate may contain restrictions, exceptions, reservations, reversionary interests, and other terms and conditions the Director of Administrative Services determines to be in the best interest of the State.

(3)

Subsequent to the conveyance, any restrictions, exceptions, reservations, reversionary interests, or other terms and conditions contained in the deed may be released by the State or the Adjutant General's Department without the necessity of further legislation.

(4)

The real estate described above shall be conveyed only if the Director of Administrative Services and the Director of the Adjutant General's Department first have determined that the real estate is surplus real property no longer needed by the State and that the conveyance is in the best interest of the State.

(C)

The Director of Administrative Services shall conduct a sale of the real estate by sealed bid auction or public auction, and the real estate shall be sold to the highest bidder at a price acceptable to the Director of Administrative Services and the Adjutant General's Department. The Department of Administrative Services shall advertise the sealed bid auction or public auction by publication in a newspaper of general circulation in Greene County, once a week for three consecutive weeks before the date on which the sealed bids are to be opened. The Director of Administrative Services shall notify the successful bidder or bidders in writing. The Director of Administrative Services may reject any or all bids.

The purchaser shall pay ten percent of the purchase price to the Director of Administrative Services within five business days after receiving the notice the bid has been accepted. When the deposit has been received, the Director and purchaser or purchasers shall enter into a real estate purchase agreement, in the form prescribed by the Department of Administrative Services. The purchaser or purchasers shall pay the balance of the purchase price to the Department of Administrative Services within sixty days after receiving notice the bid has been accepted, or at closing. Payment may be made by bank draft or certified check made payable to the Treasurer of State. A purchaser who does not complete the conditions of the sale as prescribed in this division shall forfeit ten percent of the purchase price paid to the State as liquidated damages. If a purchaser fails to complete the purchase, the Director of Administrative Services may accept the next highest bid, subject to the foregoing conditions. If the Director of Administrative Services rejects all bids, the Department of Administrative Services may repeat the sealed bid auction or public auction, or may use an alternative sale process that is acceptable to the Adjutant General's Department.

The Adjutant General's Department shall pay advertising and other costs incident to the sale of the real estate.

(D)

The real estate described in division (A) of this section shall be sold as an entire tract and not in parcels.

(E)

Except as otherwise specified above, the purchaser shall pay all costs associated with the purchase, closing and conveyance, including surveys, title evidence, title insurance, transfer costs and fees, recording costs and fees, taxes, and any other fees, assessments, and costs that may be imposed.

The proceeds of the sale of the real estate shall be deposited into the state treasury to the credit of the Fund 5340 ALI 745612, Armory Improvements, under section 5911.10 of the Revised Code.

(F)

Upon execution of the real estate purchase agreement, the Director of Administrative Services, with the assistance of the Attorney General, shall prepare a Governor's Deed to the real estate described in division (A) of this section. The Governor's Deed shall state the consideration and 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 Department of Administrative Services for recording, and delivered to the Grantee(s). The Grantee(s) shall present the Governor's Deed for recording in the Office of the Greene County Recorder.

(G)

This section shall expire 3 years after its effective date.