As Introduced                            1            

122nd General Assembly                                             4            

   Regular Session                                 H. B. No. 552   5            

      1997-1998                                                    6            


                     REPRESENTATIVE  THOMAS                        8            


                                                                   10           

                           A   B I L L                                          

             To authorize the sale of state-owned real estate      12           

                controlled by the Ohio Schools for the Deaf and    13           

                Blind and located in Franklin County to the City   14           

                of Columbus (Division of Water), to authorize the  15           

                conveyance of three easements over  state-owned    16           

                real estate controlled by the Ohio Schools for     17           

                the Deaf and Blind and located in Franklin County  18           

                to the City of Columbus (Division of Water), to    19           

                authorize the conveyance of a  conservation        20           

                easement over state-owned real estate controlled   21           

                by the  Ohio Schools for the Deaf and Blind and    23           

                located in Franklin County to the  Franklin        24           

                County Soil and Water Conservation District, and   25           

                to declare an  emergency.                          26           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        28           

      Section 1.  The Governor is hereby authorized to execute a   30           

deed in the name of the state conveying to the City of Columbus    31           

and its successors and assigns all of the state's right, title,    32           

and interest in the following described real estate:               33           

      Being a 1.3774 acre tract of land and being part of a        35           

236.26 acre tract more or less conveyed to the State of Ohio in    36           

Deed Volume 1238, Pages 468-470, of the Franklin County            37           

Recorder's Office; said 1.3774 acre tract also being out of a      38           

99.10 acre tract denoted as parcel 110291 on Tax Map 0-99-G of                  

the Franklin County Auditor's Office, said 1.3774 acre tract       39           

being situated in Section 3, Township 2, Range 18, United States   40           

                                                          2      

                                                                 
Military Lands, Township of Sharon, City of Columbus, County of    41           

Franklin, State of Ohio and said 1.3774 acre tract being more      42           

particularly described as follows:                                              

      Commencing for reference at the southeast corner of Glen     44           

Burn Subdivision as the same is delineated in Plat Book 17, Page   45           

170 and 171, said southeast corner also being on the north         46           

right-of-way line of Morse Road, 35.00 feet north of the           47           

centerline of Morse Road, Thence with the east line of said Glen                

Burn Subdivision and the west line of a 94.4713 acre tract         48           

denoted as parcel 110285 on Tax Map 0-99-G North 4° 04' 55" East   49           

(Plat N 4° 06' E, 690.25 feet) a distance of 690.27 feet to a      50           

brass screw in a concrete monument found;                          51           

      Thence North 85° 32' 35" West (Plat N 85° 30' W, 60.00       53           

feet) a distance of 59.96 feet to a brass screw in a concrete      54           

monument found;                                                                 

      Thence North 4° 04' 35" East (Plat N 4° 06' E, 477.36 feet)  56           

a distance of 477.48 feet to an iron pipe found at the northeast   57           

corner of said Glen Burn Subdivision;                              58           

      Thence continuing North 4° 04' 35" East a distance of        60           

365.04 feet to a point;                                            61           

      Thence North 85° 55' 25" West a distance of 70.00 feet to    63           

an iron pin set at the southeast corner of the herein-described    64           

1.3774 acre tract and the true place of beginning for this         65           

description.                                                                    

      Thence continuing North 85° 55' 25" West a distance of       67           

300.00 feet to an iron pin set;                                    68           

      Thence North 4° 04' 35" East a distance of 200.00 feet to    70           

an iron pin set;                                                   71           

      Thence South 85° 55' 25" East a distance of 300.00 feet to   73           

an iron pin set;                                                   74           

      Thence South 4° 04' 35" West a distance of 200.00 feet to    76           

an iron pin and the true place of beginning for this description.  77           

      The above described tract contains 1.3774 acres of land      79           

more or less and is subject to all easements and rights-of-way of  80           

                                                          3      

                                                                 
previous record.                                                                

      Basis of bearings is the north right-of-way line of Morse    82           

Road, North 85° 30' West as delineated upon said plat of Glen      83           

Burn Subdivision.                                                               

      The foregoing description was prepared by the City of        85           

Columbus, Division of Water, James B. Uhlenhake, Registered        86           

Surveyor No. 5622, from an actual survey made in March, 1994.      87           

      Section 2.  The Governor is hereby authorized to execute a   89           

deed of easement in the name of the state conveying to the City    90           

of Columbus and its successors and assigns a permanent ingress     91           

and egress easement described as follows:                          92           

      Being a 40.00 feet wide permanent ingress and egress         94           

easement and a 1.6277 acre tract of land and being part of a       95           

236.26 acre tract more or less conveyed to the State of Ohio in    96           

Deed Volume 1238, Pages 468-470 of the Franklin County Recorder's  97           

Office, said 1.6277 acre tract also being out of a 94.4713 acre                 

tract denoted as parcel 110285, and also being out of a 99.10      98           

acre tract denoted as parcel 110291 on Tax Map 0-99-G of the       99           

Franklin County Auditor's Office, said 1.6277 acre tract being     100          

situated in Section 3, Township 2, Range 18, United States         101          

Military Lands, Township of Sharon, City of Columbus, County of    102          

Franklin, State of Ohio and said 1.6277 acre tract being more                   

particularly described as follows:                                 103          

      Commencing for reference at the southeast corner of Glen     105          

Burn Subdivision as same is delineated in Plat Book 17, Page 170   106          

and 171, said southeast corner also being on the north             107          

right-of-way line of Morse Road, 35.00 feet north of the           108          

centerline of Morse Road, said southeast corner also being on the               

west line of said 94.4713 acre tract denoted on Tax Map 0-99-G,    109          

Thence South 4° 04' 55" West a distance of 5.00 feet to a point    110          

on the north right-of-way line of Morse Road, 30.00 feet north of  111          

the centerline of Morse Road, said point being the southwest       112          

corner of said 94.4713 acre tract;                                 113          

      Thence with the north right-of-way line of Morse Road,       115          

                                                          4      

                                                                 
30.00 feet north of the centerline of Morse Road South 85° 30'     116          

East a distance of 357.57 feet to the southwest corner of the      117          

herein-described 1.6277 acre ingress and egress easement and the   118          

true place of beginning for this description.                                   

      Thence along the westerly side of said 1.6277 acre ingress   120          

and egress easement with the following 24 courses:                 121          

      1.  North 4° 30' East, 57.50'                                123          

      2.  North 6° 00' West, 46.79'                                125          

      3.  North 13° 50' West, 46.73'                               127          

      4.  North 24° 40' West, 46.56'                               129          

      5.  North 33° 30' West, 48.14'                               131          

      6.  North 35° 20' West, 51.64'                               133          

      7.  North 24° 10' West, 54.33'                               135          

      8.  North 10° 37' West, 54.77'                               137          

      9.  North 3° 03' East, 54.23'                                139          

      10.  North 13° 33' East, 52.00'                              141          

      11.  North 14° 28' East, 99.17'                              143          

      12.  North 8° 49' East, 98.14'                               145          

      13.  North 3° 49' East, 98.43'                               147          

      14.  North 0° 11' West, 98.05'                               149          

      15.  North 7° 21' West, 97.48'                               151          

      16.  North 14° 36' West, 97.42'                              153          

      17.  North 22° 06' West, 97.38'                              155          

      18.  North 29° 36' West, 97.41'                              157          

      19.  North 36° 56' West, 98.64'                              159          

      20.  North 37° 24' West, 81.59'                              161          

      21.  North 27° 51' West, 54.19'                              163          

      22.  North 13° 31' West, 53.99'                              165          

      23.  North 5° 05' West, 52.34'                               167          

      24.  North 0° 09' West, 52.08'                               169          

      25.  Thence North 81° 52' 53" West a distance of 43.85 feet  171          

to a point on the east line of a 1.3774 acre tract;                172          

      26.  Thence with the east line of said 1.3774 acre tract     174          

North 4° 04' 35" East a distance of 40.10 feet;                    175          

                                                          5      

                                                                 
      27.  Thence South 81° 52' 53" East a distance of 85.76 feet  177          

to a point on the easterly side of said 1.6277 acre ingress and    178          

egress easement;                                                                

      Thence with the easterly side of said easement the           180          

following 25 courses:                                                           

      28.  South 6° 50' West, 36.67'                               182          

      29.  South 0° 09' East, 47.92'                               184          

      30.  South 5° 05' East, 47.66'                               186          

      31.  South 13° 31' East, 46.01'                              188          

      32.  South 27° 51' East, 45.81'                              190          

      33.  South 37° 24' East, 78.41'                              192          

      34.  South 36° 56' East, 101.36'                             194          

      35.  South 29° 36' East, 102.59'                             196          

      36.  South 22° 06' East, 102.62'                             198          

      37.  South 14° 36' East, 102.58'                             200          

      38.  South 7° 21' East, 102.52'                              202          

      39.  South 0° 11' East, 101.95'                              204          

      40.  South 3° 49' West, 101.57'                              206          

      41.  South 8° 49' West, 101.86'                              208          

      42.  South 14° 28' West, 100.83'                             210          

      43.  South 13° 33' West, 48.00'                              212          

      44.  South 3° 03' West, 45.77'                               214          

      45.  South 10° 37' East, 45.23'                              216          

      46.  South 24° 10' East, 45.67'                              218          

      47.  South 35° 20' East, 48.36'                              220          

      48.  South 33° 30' East, 51.86'                              222          

      49.  South 24° 10' East, 53.44'                              224          

      50.  South 13° 50' East, 53.27'                              226          

      51.  South 6° 00' East, 53.21'                               228          

      52.  South 4° 30' West a distance of 61.18 feet to a point   230          

on the north right-of-way of Morse Road;                           231          

      53.  Thence with the north right-of-way of Morse Road North  233          

85° 30' West a distance of 40.00 feet to the place of beginning    234          

for this description.                                                           

                                                          6      

                                                                 
      The above described tract contains 1.6277 acres of land      236          

more or less, with 1.5076 acres being out of said 94.4713 acre     237          

tract and 0.1201 acres being out of said 99.10 acre tract and is   238          

subject to all easements and rights-of-way of previous record.     239          

      Said 1.6277 acre ingress and egress easement encompasses an  241          

existing asphalt drive and is parallel and 20' distant both left   242          

and right of the centerline of said drive.                         243          

      Basis of bearings is the north right-of-way line of Morse    245          

Road, North 85° 30' West as delineated upon said plat of Glen      246          

Burn Subdivision.                                                               

      The foregoing description was prepared by the City of        248          

Columbus, Division of Water, James B. Uhlenhake, Registered        249          

Surveyor No. 5622, from an actual survey made in March, 1994.      250          

      Section 3.  The Governor is hereby authorized to execute a   252          

deed of easement in the name of the state conveying to the City    253          

of Columbus and its successors and assigns a permanent water line  254          

easement described as follows:                                     255          

      Being a 30.00 feet wide permanent water line easement and a  257          

1.0951 acre tract of land and being part of a 236.26 acre tract    258          

more or less conveyed to the State of Ohio in Deed Volume 1238,    259          

Pages 468-470 of the Franklin County Recorder's Office, said       260          

1.0951 acre tract also being out of a 94.4713 acre tract denoted   261          

as parcel 110285, and also being out of a 99.10 acre tract                      

denoted as parcel 110291 on Tax Map 0-99-G of the Franklin County  262          

Auditor's Office, said 1.0951 acre tract being situated in         263          

Section 3, Township 2, Range 18, United States Military Lands,     264          

Township of Sharon, City of Columbus, County of Franklin, State    265          

of Ohio and said 1.0951 acre tract being more particularly         266          

described as follows:                                                           

      Commencing for reference at the southeast corner of Glen     268          

Burn Subdivision as the same is delineated in Plat Book 17, Page   269          

170 and 171, said southeast corner also being on the north         270          

right-of-way line of Morse Road, 35.00 feet north of the           271          

centerline of Morse Road, said southeast corner also being on the               

                                                          7      

                                                                 
west line of said 94.4713 acre tract denoted on Tax Map 0-99-G,    272          

Thence South 4° 04' 55" West a distance of 5.00 feet to a point    273          

on the north right-of-way line of Morse Road, 30.00 feet north of  274          

the centerline of Morse Road, said point being the southwest       275          

corner of said 94.4713 acre tract;                                              

      Thence with the north right-of-way line of Morse Road,       277          

30.00 feet north of the centerline of Morse Road South 85° 30'     278          

East a distance of 30.00 feet to an iron pin set at the southwest  279          

corner of the herein-described 1.0951 acre permanent water line    280          

easement and the true place of beginning for this description.     281          

      Thence parallel with the east line of said Glen Burn         283          

Subdivision North 4° 04' 55" East (Plat N 4° 06' E) a distance of  284          

694.45 feet to an iron pin set;                                    285          

      Thence North 3° 04' 30" West a distance of 627.27 feet to    287          

an iron pin set;                                                   288          

      Thence North 48° 04' 30" West a distance of 118.37 feet to   290          

an iron pin set;                                                   291          

      Thence North 3° 04' 30" West a distance of 150.10 feet to    293          

an iron pin set on the south line of a 1.3774 acre tract;          294          

      Thence South 85° 55' 25" East a distance of 30.23 feet to    296          

an iron pin set at the southeast corner of said 1.3774 acre        297          

tract;                                                                          

      Thence South 3° 04' 30" East a distance of 133.91 feet to    299          

an iron pin;                                                                    

      Thence South 48° 04' 30" East a distance of 118.37 feet to   301          

an iron pin set;                                                   302          

      Thence South 3° 04' 30" East a distance of 641.57 feet to    304          

an iron pin set;                                                   305          

      Thence South 4° 04' 55" West a distance of 696.54 feet to    307          

an iron pin set on the north right-of-way line of Morse Road;      308          

      Thence with said right-of-way line North 85° 30' West a      310          

distance of 30.00 feet to an iron pin and the true place of        311          

beginning for this description.                                                 

      The above described tract contains 1.0951 acres of land      313          

                                                          8      

                                                                 
more or less, with 0.9388 acres being out of said 94.4713 acre     314          

tract and 0.1563 acres being out of said 99.10 acre tract and is   315          

subject to all easements and rights-of-way of previous record.     316          

      Basis of bearings is the north right-of-way line of Morse    318          

Road, North 85° 30' West as delineated upon said plat of Glen      319          

Burn Subdivision.                                                               

      The foregoing description was prepared by the City of        321          

Columbus, Division of Water, James B. Uhlenhake, Registered        322          

Surveyor No. 5622, from an actual survey made in March, 1994.      323          

      Section 4.  The Governor is hereby authorized to execute a   325          

deed of easement in the name of the state conveying to the City    326          

of Columbus and its successors and assigns a temporary             327          

construction easement described as follows:                        328          

      Being a 0.6887 acre tract of land and being part of a        330          

236.26 acre tract more or less conveyed to the State of Ohio in    331          

Deed Volume 1238, Pages 468-470, of the Franklin County            332          

Recorder's Office; said 0.6887 acre tract also being out of a      333          

99.10 acre tract denoted as parcel 110291 on Tax Map 0-99-G of                  

the Franklin County Auditor's Office, said 0.6887 acre tract       334          

being situated in Section 3, Township 2, Range 18, United States   335          

Military Lands, Township of Sharon, City of Columbus, County of    336          

Franklin, State of Ohio and said 0.6887 acre tract being more      337          

particularly described as follows:                                              

      Commencing for reference at the southeast corner of Glen     339          

Burn Subdivision as the same is delineated in Plat Book 17, Page   340          

170 and 171, said southeast corner also being on the north         341          

right-of-way line of Morse Road, 35.00 feet north of the           342          

centerline of Morse Road; Thence with the east line of said Glen                

Burn Subdivision and the west line of a 94.4713 acre tract         343          

denoted as parcel 110285 on Tax Map 0-99-G North 4° 04' 55" East   344          

(Plat N 4° 06' E, 690.25 feet) a distance of 690.27 feet to a      345          

brass screw in a concrete monument found;                          346          

      Thence North 85° 32' 35" West (Plat N 85° 30' W, 60.00       348          

feet) a distance of 59.96 feet to a brass screw in a concrete      349          

                                                          9      

                                                                 
monument found;                                                                 

      Thence North 4° 04' 35" East (Plat N 4° 06' E, 477.36 feet)  351          

a distance of 477.48 feet to an iron pipe found at the northeast   352          

corner of said Glen Burn Subdivision;                              353          

      Thence continuing North 4° 04' 35" East a distance of        355          

365.04 feet to a point;                                            356          

      Thence North 85° 55' 25" West a distance of 70.00 feet to    358          

an iron pin set at the northeast corner of the herein-described    359          

0.6887 acre tract and the true place of beginning for this         360          

description.                                                                    

      Thence South 4° 04' 35" West a distance of 100.00 feet to a  362          

point;                                                                          

      Thence North 85° 55' 25" West a distance of 300.00 feet to   364          

a point;                                                                        

      Thence North 4° 04' 35" East a distance of 100.00 feet to    366          

an iron pin set;                                                   367          

      Thence with the south line of a 1.3774 acre tract South 85°  369          

55' 25" East a distance of 300.00 feet to an iron pin and the      370          

true place of beginning for this description.                      371          

      The above-described tract contains 0.6887 acres of land      373          

more or less and is subject to all easements and rights-of-way of  374          

previous record.                                                                

      Basis of bearings is the north right-of-way line of Morse    376          

Road, North 85° 30' West as delineated upon said plat of Glen      377          

Burn Subdivision.                                                               

      The foregoing description was prepared by the City of        379          

Columbus, Division of Water, James B. Uhlenhake, Registered        380          

Surveyor No. 5622, from an actual survey made in March, 1994.      381          

      Section 5.  The Governor is hereby authorized to execute a   383          

deed of easement in the name of the state conveying to the         384          

Franklin County Soil and Water Conservation District and its       385          

successors and assigns a conservation easement over state-owned    386          

real estate, commonly known as "the ravine," on the property                    

controlled by the Ohio Schools for the Deaf and Blind, located in  387          

                                                          10     

                                                                 
Franklin County in the City of Columbus.  The Ohio Schools for     388          

the Deaf and Blind shall have a survey prepared of the property    389          

to be subject to the conservation easement, and shall ensure that  390          

the real estate subject to the conservation easement shall not be  391          

the same real estate that is subject to the easements conveyed by  392          

Sections 2, 3, and 4 of this act.  The Director of Administrative               

Services shall review the legal description and verify its         393          

accuracy.  When the Director is satisfied as to the description's  394          

accuracy, the description shall be delivered to the Auditor of     395          

State for the preparation of the deed.                                          

      Section 6.  Consideration for the conveyance of the real     397          

estate described in Section 1 of this act and for the conveyance   398          

of the easements described in Sections 2, 3, and 4 of this act is  399          

$117,600.00.  The consideration for the conveyance of the          400          

easement described in Section 5 of this act is the mutual benefit  401          

accruing to the state and the Franklin County Soil and Water       402          

Conservation District by having the ravine area maintained as a                 

conservation area.  The net proceeds of the consideration for the  404          

conveyances shall be deposited into the General Revenue Fund of    405          

the state for the benefit of the Ohio Schools for the Deaf and     406          

Blind.                                                                          

      Section 7.  The costs of the conveyances described in        408          

Sections 1, 2, 3, and 4 of this act shall be paid by the City of   409          

Columbus.  The costs of the conveyance described in Section 5 of   410          

this act, including the cost of the survey and preparation of the  411          

legal description, shall be paid by the Ohio Schools for the Deaf  412          

and Blind.                                                                      

      Section 8.  Upon payment of the consideration by the City    414          

of Columbus, the Auditor of State, with the assistance of the      415          

Attorney General, shall prepare a deed to the real estate          416          

described in Section 1 of this act and deeds to the easements      417          

described in Sections 2, 3, and 4 of this act.  Upon presentation  418          

of the legal description described in Section 5 of this act, the   419          

Auditor of State, with the assistance of the Attorney General,     420          

                                                          11     

                                                                 
shall prepare a deed to the conservation easement described in                  

Section 5 of this act.  The deeds shall state the consideration    422          

and shall be executed by the Governor in the name of the state,    423          

countersigned by the Secretary of State, sealed with the great     424          

seal of the state, presented in the Office of the Auditor of       425          

State for recording, and delivered to the City of Columbus.  The   426          

City of Columbus shall present the deeds for recording in the      427          

Office of the Franklin County Recorder.                                         

      Section 9.  This act shall expire one year after its         429          

effective date.                                                    430          

      Section 10.  This act is hereby declared to be an emergency  432          

measure necessary for the immediate preservation of the public     433          

peace, health, and safety.  The reason for the emergency is that   434          

the conveyance of the real estate and the easements under this     435          

act at the earliest possible time is crucial for the City of       436          

Columbus to begin construction of water tanks and to avoid the     437          

substantial costs that would be incurred by delaying this          438          

project.  Therefore, this act shall go into immediate effect.      439