As Passed by the House 1 122nd General Assembly 4 Regular Session Am. Sub. H. B. No. 552 5 1997-1998 6 REPRESENTATIVES THOMAS-BRITTON-MEAD-GARCIA-MYERS-TAVARES- 8 FORD-SALERNO-MOTTLEY-BEATTY 9 11 A B I L L To authorize the sale of state-owned real estate 13 controlled by the Ohio Schools for the Deaf and 14 Blind and located in Franklin County to the City 15 of Columbus (Division of Water), to authorize the 16 conveyance of three easements over state-owned 17 real estate controlled by the Ohio Schools for 18 the Deaf and Blind and located in Franklin County 19 to the City of Columbus (Division of Water), to 20 authorize the conveyance of a conservation 21 easement over state-owned real estate controlled 22 by the Ohio Schools for the Deaf and Blind and 24 located in Franklin County to the Franklin Soil 25 and Water Conservation District, and to declare 26 an emergency. 27 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 29 Section 1. The Governor is hereby authorized to execute a 31 deed in the name of the state conveying to the City of Columbus 32 and its successors and assigns all of the state's right, title, 33 and interest in the following described real estate: 34 Being a 1.3774 acre tract of land and being part of a 36 236.26 acre tract more or less conveyed to the State of Ohio in 37 Deed Volume 1238, Pages 468-470, of the Franklin County 38 Recorder's Office; said 1.3774 acre tract also being out of a 39 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 40 2 being situated in Section 3, Township 2, Range 18, United States 41 Military Lands, Township of Sharon, City of Columbus, County of 42 Franklin, State of Ohio and said 1.3774 acre tract being more 43 particularly described as follows: Commencing for reference at the southeast corner of Glen 45 Burn Subdivision as the same is delineated in Plat Book 17, Page 46 170 and 171, said southeast corner also being on the north 47 right-of-way line of Morse Road, 35.00 feet north of the 48 centerline of Morse Road, Thence with the east line of said Glen Burn Subdivision and the west line of a 94.4713 acre tract 49 denoted as parcel 110285 on Tax Map 0-99-G North 4° 04' 55" East 50 (Plat N 4° 06' E, 690.25 feet) a distance of 690.27 feet to a 51 brass screw in a concrete monument found; 52 Thence North 85° 32' 35" West (Plat N 85° 30' W, 60.00 54 feet) a distance of 59.96 feet to a brass screw in a concrete 55 monument found; Thence North 4° 04' 35" East (Plat N 4° 06' E, 477.36 feet) 57 a distance of 477.48 feet to an iron pipe found at the northeast 58 corner of said Glen Burn Subdivision; 59 Thence continuing North 4° 04' 35" East a distance of 61 365.04 feet to a point; 62 Thence North 85° 55' 25" West a distance of 70.00 feet to 64 an iron pin set at the southeast corner of the herein-described 65 1.3774 acre tract and the true place of beginning for this 66 description. Thence continuing North 85° 55' 25" West a distance of 68 300.00 feet to an iron pin set; 69 Thence North 4° 04' 35" East a distance of 200.00 feet to 71 an iron pin set; 72 Thence South 85° 55' 25" East a distance of 300.00 feet to 74 an iron pin set; 75 Thence South 4° 04' 35" West a distance of 200.00 feet to 77 an iron pin and the true place of beginning for this description. 78 The above described tract contains 1.3774 acres of land 80 3 more or less and is subject to all easements and rights-of-way of 81 previous record. Basis of bearings is the north right-of-way line of Morse 83 Road, North 85° 30' West as delineated upon said plat of Glen 84 Burn Subdivision. The foregoing description was prepared by the City of 86 Columbus, Division of Water, James B. Uhlenhake, Registered 87 Surveyor No. 5622, from an actual survey made in March, 1994. 88 Section 2. The Governor is hereby authorized to execute a 90 deed of easement in the name of the state conveying to the City 91 of Columbus and its successors and assigns a permanent ingress 92 and egress easement described as follows: 93 Being a 40.00 feet wide permanent ingress and egress 95 easement and a 1.6277 acre tract of land and being part of a 96 236.26 acre tract more or less conveyed to the State of Ohio in 97 Deed Volume 1238, Pages 468-470 of the Franklin County Recorder's 98 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 99 acre tract denoted as parcel 110291 on Tax Map 0-99-G of the 100 Franklin County Auditor's Office, said 1.6277 acre tract being 101 situated in Section 3, Township 2, Range 18, United States 102 Military Lands, Township of Sharon, City of Columbus, County of 103 Franklin, State of Ohio and said 1.6277 acre tract being more particularly described as follows: 104 Commencing for reference at the southeast corner of Glen 106 Burn Subdivision as same is delineated in Plat Book 17, Page 170 107 and 171, said southeast corner also being on the north 108 right-of-way line of Morse Road, 35.00 feet north of the 109 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, 110 Thence South 4° 04' 55" West a distance of 5.00 feet to a point 111 on the north right-of-way line of Morse Road, 30.00 feet north of 112 the centerline of Morse Road, said point being the southwest 113 corner of said 94.4713 acre tract; 114 4 Thence with the north right-of-way line of Morse Road, 116 30.00 feet north of the centerline of Morse Road South 85° 30' 117 East a distance of 357.57 feet to the southwest corner of the 118 herein-described 1.6277 acre ingress and egress easement and the 119 true place of beginning for this description. Thence along the westerly side of said 1.6277 acre ingress 121 and egress easement with the following 24 courses: 122 1. North 4° 30' East, 57.50' 124 2. North 6° 00' West, 46.79' 126 3. North 13° 50' West, 46.73' 128 4. North 24° 40' West, 46.56' 130 5. North 33° 30' West, 48.14' 132 6. North 35° 20' West, 51.64' 134 7. North 24° 10' West, 54.33' 136 8. North 10° 37' West, 54.77' 138 9. North 3° 03' East, 54.23' 140 10. North 13° 33' East, 52.00' 142 11. North 14° 28' East, 99.17' 144 12. North 8° 49' East, 98.14' 146 13. North 3° 49' East, 98.43' 148 14. North 0° 11' West, 98.05' 150 15. North 7° 21' West, 97.48' 152 16. North 14° 36' West, 97.42' 154 17. North 22° 06' West, 97.38' 156 18. North 29° 36' West, 97.41' 158 19. North 36° 56' West, 98.64' 160 20. North 37° 24' West, 81.59' 162 21. North 27° 51' West, 54.19' 164 22. North 13° 31' West, 53.99' 166 23. North 5° 05' West, 52.34' 168 24. North 0° 09' West, 52.08' 170 25. Thence North 81° 52' 53" West a distance of 43.85 feet 172 to a point on the east line of a 1.3774 acre tract; 173 26. Thence with the east line of said 1.3774 acre tract 175 5 North 4° 04' 35" East a distance of 40.10 feet; 176 27. Thence South 81° 52' 53" East a distance of 85.76 feet 178 to a point on the easterly side of said 1.6277 acre ingress and 179 egress easement; Thence with the easterly side of said easement the 181 following 25 courses: 28. South 6° 50' West, 36.67' 183 29. South 0° 09' East, 47.92' 185 30. South 5° 05' East, 47.66' 187 31. South 13° 31' East, 46.01' 189 32. South 27° 51' East, 45.81' 191 33. South 37° 24' East, 78.41' 193 34. South 36° 56' East, 101.36' 195 35. South 29° 36' East, 102.59' 197 36. South 22° 06' East, 102.62' 199 37. South 14° 36' East, 102.58' 201 38. South 7° 21' East, 102.52' 203 39. South 0° 11' East, 101.95' 205 40. South 3° 49' West, 101.57' 207 41. South 8° 49' West, 101.86' 209 42. South 14° 28' West, 100.83' 211 43. South 13° 33' West, 48.00' 213 44. South 3° 03' West, 45.77' 215 45. South 10° 37' East, 45.23' 217 46. South 24° 10' East, 45.67' 219 47. South 35° 20' East, 48.36' 221 48. South 33° 30' East, 51.86' 223 49. South 24° 10' East, 53.44' 225 50. South 13° 50' East, 53.27' 227 51. South 6° 00' East, 53.21' 229 52. South 4° 30' West a distance of 61.18 feet to a point 231 on the north right-of-way of Morse Road; 232 53. Thence with the north right-of-way of Morse Road North 234 85° 30' West a distance of 40.00 feet to the place of beginning 235 6 for this description. The above described tract contains 1.6277 acres of land 237 more or less, with 1.5076 acres being out of said 94.4713 acre 238 tract and 0.1201 acres being out of said 99.10 acre tract and is 239 subject to all easements and rights-of-way of previous record. 240 Said 1.6277 acre ingress and egress easement encompasses an 242 existing asphalt drive and is parallel and 20' distant both left 243 and right of the centerline of said drive. 244 Basis of bearings is the north right-of-way line of Morse 246 Road, North 85° 30' West as delineated upon said plat of Glen 247 Burn Subdivision. The foregoing description was prepared by the City of 249 Columbus, Division of Water, James B. Uhlenhake, Registered 250 Surveyor No. 5622, from an actual survey made in March, 1994. 251 Section 3. The Governor is hereby authorized to execute a 253 deed of easement in the name of the state conveying to the City 254 of Columbus and its successors and assigns a permanent water line 255 easement described as follows: 256 Being a 30.00 feet wide permanent water line easement and a 258 1.0951 acre tract of land and being part of a 236.26 acre tract 259 more or less conveyed to the State of Ohio in Deed Volume 1238, 260 Pages 468-470 of the Franklin County Recorder's Office, said 261 1.0951 acre tract also being out of a 94.4713 acre tract denoted 262 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 263 Auditor's Office, said 1.0951 acre tract being situated in 264 Section 3, Township 2, Range 18, United States Military Lands, 265 Township of Sharon, City of Columbus, County of Franklin, State 266 of Ohio and said 1.0951 acre tract being more particularly 267 described as follows: Commencing for reference at the southeast corner of Glen 269 Burn Subdivision as the same is delineated in Plat Book 17, Page 270 170 and 171, said southeast corner also being on the north 271 right-of-way line of Morse Road, 35.00 feet north of the 272 7 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, 273 Thence South 4° 04' 55" West a distance of 5.00 feet to a point 274 on the north right-of-way line of Morse Road, 30.00 feet north of 275 the centerline of Morse Road, said point being the southwest 276 corner of said 94.4713 acre tract; Thence with the north right-of-way line of Morse Road, 278 30.00 feet north of the centerline of Morse Road South 85° 30' 279 East a distance of 30.00 feet to an iron pin set at the southwest 280 corner of the herein-described 1.0951 acre permanent water line 281 easement and the true place of beginning for this description. 282 Thence parallel with the east line of said Glen Burn 284 Subdivision North 4° 04' 55" East (Plat N 4° 06' E) a distance of 285 694.45 feet to an iron pin set; 286 Thence North 3° 04' 30" West a distance of 627.27 feet to 288 an iron pin set; 289 Thence North 48° 04' 30" West a distance of 118.37 feet to 291 an iron pin set; 292 Thence North 3° 04' 30" West a distance of 150.10 feet to 294 an iron pin set on the south line of a 1.3774 acre tract; 295 Thence South 85° 55' 25" East a distance of 30.23 feet to 297 an iron pin set at the southeast corner of said 1.3774 acre 298 tract; Thence South 3° 04' 30" East a distance of 133.91 feet to 300 an iron pin; Thence South 48° 04' 30" East a distance of 118.37 feet to 302 an iron pin set; 303 Thence South 3° 04' 30" East a distance of 641.57 feet to 305 an iron pin set; 306 Thence South 4° 04' 55" West a distance of 696.54 feet to 308 an iron pin set on the north right-of-way line of Morse Road; 309 Thence with said right-of-way line North 85° 30' West a 311 distance of 30.00 feet to an iron pin and the true place of 312 beginning for this description. 8 The above described tract contains 1.0951 acres of land 314 more or less, with 0.9388 acres being out of said 94.4713 acre 315 tract and 0.1563 acres being out of said 99.10 acre tract and is 316 subject to all easements and rights-of-way of previous record. 317 Basis of bearings is the north right-of-way line of Morse 319 Road, North 85° 30' West as delineated upon said plat of Glen 320 Burn Subdivision. The foregoing description was prepared by the City of 322 Columbus, Division of Water, James B. Uhlenhake, Registered 323 Surveyor No. 5622, from an actual survey made in March, 1994. 324 Section 4. The Governor is hereby authorized to execute a 326 deed of easement in the name of the state conveying to the City 327 of Columbus and its successors and assigns a temporary 328 construction easement, for a period of three years, described as 329 follows: Being a 0.6887 acre tract of land and being part of a 331 236.26 acre tract more or less conveyed to the State of Ohio in 332 Deed Volume 1238, Pages 468-470, of the Franklin County 333 Recorder's Office; said 0.6887 acre tract also being out of a 334 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 335 being situated in Section 3, Township 2, Range 18, United States 336 Military Lands, Township of Sharon, City of Columbus, County of 337 Franklin, State of Ohio and said 0.6887 acre tract being more 338 particularly described as follows: Commencing for reference at the southeast corner of Glen 340 Burn Subdivision as the same is delineated in Plat Book 17, Page 341 170 and 171, said southeast corner also being on the north 342 right-of-way line of Morse Road, 35.00 feet north of the 343 centerline of Morse Road; Thence with the east line of said Glen Burn Subdivision and the west line of a 94.4713 acre tract 344 denoted as parcel 110285 on Tax Map 0-99-G North 4° 04' 55" East 345 (Plat N 4° 06' E, 690.25 feet) a distance of 690.27 feet to a 346 brass screw in a concrete monument found; 347 9 Thence North 85° 32' 35" West (Plat N 85° 30' W, 60.00 349 feet) a distance of 59.96 feet to a brass screw in a concrete 350 monument found; Thence North 4° 04' 35" East (Plat N 4° 06' E, 477.36 feet) 352 a distance of 477.48 feet to an iron pipe found at the northeast 353 corner of said Glen Burn Subdivision; 354 Thence continuing North 4° 04' 35" East a distance of 356 365.04 feet to a point; 357 Thence North 85° 55' 25" West a distance of 70.00 feet to 359 an iron pin set at the northeast corner of the herein-described 360 0.6887 acre tract and the true place of beginning for this 361 description. Thence South 4° 04' 35" West a distance of 100.00 feet to a 363 point; Thence North 85° 55' 25" West a distance of 300.00 feet to 365 a point; Thence North 4° 04' 35" East a distance of 100.00 feet to 367 an iron pin set; 368 Thence with the south line of a 1.3774 acre tract South 85° 370 55' 25" East a distance of 300.00 feet to an iron pin and the 371 true place of beginning for this description. 372 The above-described tract contains 0.6887 acres of land 374 more or less and is subject to all easements and rights-of-way of 375 previous record. Basis of bearings is the north right-of-way line of Morse 377 Road, North 85° 30' West as delineated upon said plat of Glen 378 Burn Subdivision. The foregoing description was prepared by the City of 380 Columbus, Division of Water, James B. Uhlenhake, Registered 381 Surveyor No. 5622, from an actual survey made in March, 1994. 382 Section 5. The Governor is hereby authorized to execute a 384 deed of easement in the name of the state conveying to the 385 Franklin Soil and Water Conservation District and its successors 386 and assigns a permanent conservation easement over state-owned 387 10 real estate, commonly known as "the ravine," on the property 388 controlled by the Ohio Schools for the Deaf and Blind, located in Franklin County in the City of Columbus. The purpose of the 389 conservation easement shall be to maintain the area of the 390 easement predominantly in its natural, scenic, open, or wooded 391 condition as provided by sections 5301.67 to 5301.70 of the 392 Revised Code. The Ohio Schools for the Deaf and Blind shall have 394 a survey prepared of the property to be subject to the conservation easement, and shall ensure that the real estate 395 subject to the conservation easement shall not be the same real 396 estate that is subject to the easements conveyed by Sections 2, 397 3, and 4 of this act and that the boundaries are consistent with 398 the boundaries that the Chairperson and Vice-chairperson of the 399 Board of Directors of the Franklin Soil and Water Conservation District, or their designees, and the Superintendent of Public 400 Instruction agree upon, based on an aerial photograph of the 401 ravine area. The Director of Administrative Services shall 403 review the legal description and verify its accuracy. When the Director is satisfied as to the description's accuracy, the 404 description shall be delivered to the Auditor of State for the 405 preparation of the deed. Section 6. Consideration for the conveyance of the real 407 estate described in Section 1 of this act and for the conveyance 408 of the easements described in Sections 2, 3, and 4 of this act is 409 one hundred twenty-nine thousand eight hundred dollars and no 410 cents. The consideration for the conveyance of the easement 411 described in Section 5 of this act is the mutual benefit accruing 412 to the state and the Franklin Soil and Water Conservation 413 District by having the ravine area maintained as a conservation 414 area. One-half of the net proceeds of the conveyances described 415 in Sections 1, 2, 3, 4, and 5 of this act shall be paid to the 416 Ohio School for the Blind to use for technology assistance and 417 one-half of such net proceeds shall be paid to the Ohio School for the Deaf to use for technology assistance. 418 11 Section 7. The costs of the conveyances described in 420 Sections 1, 2, 3, and 4 of this act shall be paid by the City of 421 Columbus. The costs of the conveyance described in Section 5 of 422 this act, including the cost of the survey and preparation of the 423 legal description, shall be paid by the Franklin Soil and Water 424 Conservation District. Section 8. The conveyance described in Section 5 of this 427 act is subject to the condition that the Franklin Soil and Water 428 Conservation District administer the easement pursuant to 429 sections 5301.67 to 5301.70 of the Revised Code and pursuant to 430 an agreement between the Franklin Soil and Water Conservation 431 District and the Superintendent of Public Instruction. The 432 agreement shall provide that the Ohio Schools for the Deaf and 433 Blind shall retain reasonable access to the easement area for 434 educational and recreational purposes. Section 9. The conveyance described in Section 5 of this 436 act is subject to the condition that the Franklin Soil and Water 437 Conservation District be permitted to post signs that identify 438 the area as a conservation easement and signs that specify any 439 restrictions on public access to the area if the Chairperson and the Vice-chairperson of the Board of Directors of the Franklin 440 Soil and Water Conservation District, or their designees, and the 441 Superintendent of Public Instruction have agreed upon the wording 442 and format of those signs. The posting of signs identifying the 444 area as a conservation easement shall in no way restrict the Ohio 445 Schools for the Deaf and Blind from posting "no trespassing" 446 signs on school property to control the general public's access 447 to the conservation easement and to control the general public's 448 access to the adjoining school property that is not part of the 449 conservation easement. Section 10. The conveyance described in Section 5 of this 451 act is subject to the condition that the City of Columbus, 452 Division of Sewers and Drains, be permitted reasonable access to 453 the property, including access during emergency situations, to 454 12 carry out its responsibilities to maintain drainage in the area and to maintain and repair sewers on the property. The Franklin 455 Soil and Water Conservation District and the City of Columbus, 456 Division of Sewers and Drains, shall develop and enter into a 457 written agreement that sets forth the conditions under which the 458 City of Columbus, Division of Sewers and Drains, shall have 459 access to the property. The agreement may be amended as necessary upon approval of both parties. 460 Section 11. Upon payment of the consideration by the City 462 of Columbus, the Auditor of State, with the assistance of the 463 Attorney General, shall prepare a deed to the real estate 464 described in Section 1 of this act and deeds to the easements 465 described in Sections 2, 3, and 4 of this act. Upon presentation 466 of the legal description described in Section 5 of this act, the 467 Auditor of State, with the assistance of the Attorney General, 468 shall prepare a deed to the conservation easement described in Section 5 of this act. The deeds shall state the consideration 470 and the deed for the conveyance described in Section 5 of this act shall state the conditions set forth in Sections 8, 9, and 10 471 of this act. The deeds shall be executed by the Governor in the 472 name of the state, countersigned by the Secretary of State, 473 sealed with the great seal of the state, and presented in the 474 Office of the Auditor of State for recording. The deeds for the 475 conveyances described in Sections 1, 2, 3, and 4 of this act 476 shall be delivered to the City of Columbus, and the City of 478 Columbus shall present the deeds for recording in the Office of 479 the Franklin County Recorder. The deed for the conveyance 480 described in Section 5 of this act shall be delivered to the 481 Franklin Soil and Water Conservation District, and the Franklin 482 Soil and Water Conservation District shall present the deed for 483 recording in the Office of the Franklin County Recorder. 484 Section 12. This act shall expire one year after its 486 effective date. 487 Section 13. This act is hereby declared to be an emergency 489 13 measure necessary for the immediate preservation of the public 490 peace, health, and safety. The reason for the emergency is that 491 the conveyance of the real estate and the easements under this 492 act at the earliest possible time is crucial for the City of 493 Columbus to begin construction of water tanks and to avoid the 494 substantial costs that would be incurred by delaying this 495 project. Therefore, this act shall go into immediate effect. 496