As Reported by the Senate Judiciary Committee 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-SENATORS LATTA-BLESSING 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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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