As Reported by the House Housing and Public Lands Committee 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 552 5
1997-1998 6
REPRESENTATIVES THOMAS-BRITTON-MEAD-GARCIA-MYERS 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 Soil 24
and Water Conservation District, and to declare 25
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
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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
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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.
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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
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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, for a period of three years, described as 328
follows:
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
9
feet) a distance of 59.96 feet to a brass screw in a concrete 349
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 Soil and Water Conservation District and its successors 385
and assigns a permanent conservation easement over state-owned 386
real estate, commonly known as "the ravine," on the property 387
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controlled by the Ohio Schools for the Deaf and Blind, located in
Franklin County in the City of Columbus. The purpose of the 388
conservation easement shall be to maintain the area of the 389
easement predominantly in its natural, scenic, open, or wooded 390
condition as provided by sections 5301.67 to 5301.70 of the 391
Revised Code. The Ohio Schools for the Deaf and Blind shall have 393
a survey prepared of the property to be subject to the
conservation easement, and shall ensure that the real estate 394
subject to the conservation easement shall not be the same real 395
estate that is subject to the easements conveyed by Sections 2, 396
3, and 4 of this act and that the boundaries are consistent with 397
the boundaries that the Chairperson and Vice-chairperson of the 398
Board of Directors of the Franklin Soil and Water Conservation
District, or their designees, and the Superintendent of Public 399
Instruction agree upon, based on an aerial photograph of the 400
ravine area. The Director of Administrative Services shall 402
review the legal description and verify its accuracy. When the
Director is satisfied as to the description's accuracy, the 403
description shall be delivered to the Auditor of State for the 404
preparation of the deed.
Section 6. Consideration for the conveyance of the real 406
estate described in Section 1 of this act and for the conveyance 407
of the easements described in Sections 2, 3, and 4 of this act is 408
one hundred twenty-nine thousand eight hundred dollars and no 409
cents. The consideration for the conveyance of the easement 410
described in Section 5 of this act is the mutual benefit accruing 411
to the state and the Franklin Soil and Water Conservation 412
District by having the ravine area maintained as a conservation 413
area. One-half of the net proceeds of the conveyances described 414
in Sections 1, 2, 3, 4, and 5 of this act shall be paid to the 415
Ohio School for the Blind to use for technology assistance and 416
one-half of such net proceeds shall be paid to the Ohio School
for the Deaf to use for technology assistance. 417
Section 7. The costs of the conveyances described in 419
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Sections 1, 2, 3, and 4 of this act shall be paid by the City of 420
Columbus. The costs of the conveyance described in Section 5 of 421
this act, including the cost of the survey and preparation of the 422
legal description, shall be paid by the Franklin Soil and Water 423
Conservation District.
Section 8. The conveyance described in Section 5 of this 426
act is subject to the condition that the Franklin Soil and Water 427
Conservation District administer the easement pursuant to 428
sections 5301.67 to 5301.70 of the Revised Code and pursuant to 429
an agreement between the Franklin Soil and Water Conservation 430
District and the Superintendent of Public Instruction. The 431
agreement shall provide that the Ohio Schools for the Deaf and 432
Blind shall retain reasonable access to the easement area for 433
educational and recreational purposes.
Section 9. The conveyance described in Section 5 of this 435
act is subject to the condition that the Franklin Soil and Water 436
Conservation District be permitted to post signs that identify 437
the area as a conservation easement and signs that specify any 438
restrictions on public access to the area if the Chairperson and
the Vice-chairperson of the Board of Directors of the Franklin 439
Soil and Water Conservation District, or their designees, and the 440
Superintendent of Public Instruction have agreed upon the wording 441
and format of those signs. The posting of signs identifying the 443
area as a conservation easement shall in no way restrict the Ohio 444
Schools for the Deaf and Blind from posting "no trespassing" 445
signs on school property to control the general public's access 446
to the conservation easement and to control the general public's 447
access to the adjoining school property that is not part of the 448
conservation easement.
Section 10. The conveyance described in Section 5 of this 450
act is subject to the condition that the City of Columbus, 451
Division of Sewers and Drains, be permitted reasonable access to 452
the property, including access during emergency situations, to 453
carry out its responsibilities to maintain drainage in the area
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and to maintain and repair sewers on the property. The Franklin 454
Soil and Water Conservation District and the City of Columbus, 455
Division of Sewers and Drains, shall develop and enter into a 456
written agreement that sets forth the conditions under which the 457
City of Columbus, Division of Sewers and Drains, shall have 458
access to the property. The agreement may be amended as
necessary upon approval of both parties. 459
Section 11. Upon payment of the consideration by the City 461
of Columbus, the Auditor of State, with the assistance of the 462
Attorney General, shall prepare a deed to the real estate 463
described in Section 1 of this act and deeds to the easements 464
described in Sections 2, 3, and 4 of this act. Upon presentation 465
of the legal description described in Section 5 of this act, the 466
Auditor of State, with the assistance of the Attorney General, 467
shall prepare a deed to the conservation easement described in
Section 5 of this act. The deeds shall state the consideration 469
and the deed for the conveyance described in Section 5 of this
act shall state the conditions set forth in Sections 8, 9, and 10 470
of this act. The deeds shall be executed by the Governor in the 471
name of the state, countersigned by the Secretary of State, 472
sealed with the great seal of the state, presented in the Office 473
of the Auditor of State for recording. The deeds for the 474
conveyances described in Sections 1, 2, 3, and 4 of the act shall 476
be delivered to the City of Columbus, and the City of Columbus 477
shall present the deeds for recording in the Office of the 478
Franklin County Recorder. The deed for the conveyance described 479
in Section 5 of this act shall be delivered to the Franklin Soil 480
and Water Conservation District, and the Franklin Soil and Water 481
Conservation District shall present the deed for recording in the 483
Office of the Franklin County Recorder.
Section 12. This act shall expire one year after its 485
effective date. 486
Section 13. This act is hereby declared to be an emergency 488
measure necessary for the immediate preservation of the public 489
13
peace, health, and safety. The reason for the emergency is that 490
the conveyance of the real estate and the easements under this 491
act at the earliest possible time is crucial for the City of 492
Columbus to begin construction of water tanks and to avoid the 493
substantial costs that would be incurred by delaying this 494
project. Therefore, this act shall go into immediate effect. 495