As Passed by the Senate 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
B. JOHNSON-ESPY-WATTS 10
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A B I L L
To authorize the sale of state-owned real estate 14
controlled by the Ohio Schools for the Deaf and 15
Blind and located in Franklin County to the City 16
of Columbus (Division of Water), to authorize the 17
conveyance of three easements over state-owned 18
real estate controlled by the Ohio Schools for 19
the Deaf and Blind and located in Franklin County 20
to the City of Columbus (Division of Water), to 21
authorize the conveyance of a conservation 22
easement over state-owned real estate controlled 23
by the Ohio Schools for the Deaf and Blind and 25
located in Franklin County to the Franklin Soil 26
and Water Conservation District, and to declare 27
an emergency. 28
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 30
Section 1. The Governor is hereby authorized to execute a 32
deed in the name of the state conveying to the City of Columbus 33
and its successors and assigns all of the state's right, title, 34
and interest in the following described real estate: 35
Being a 1.3774 acre tract of land and being part of a 37
236.26 acre tract more or less conveyed to the State of Ohio in 38
Deed Volume 1238, Pages 468-470, of the Franklin County 39
Recorder's Office; said 1.3774 acre tract also being out of a 40
99.10 acre tract denoted as parcel 110291 on Tax Map 0-99-G of
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the Franklin County Auditor's Office, said 1.3774 acre tract 41
being situated in Section 3, Township 2, Range 18, United States 42
Military Lands, Township of Sharon, City of Columbus, County of 43
Franklin, State of Ohio and said 1.3774 acre tract being more 44
particularly described as follows:
Commencing for reference at the southeast corner of Glen 46
Burn Subdivision as the same is delineated in Plat Book 17, Page 47
170 and 171, said southeast corner also being on the north 48
right-of-way line of Morse Road, 35.00 feet north of the 49
centerline of Morse Road, Thence with the east line of said Glen
Burn Subdivision and the west line of a 94.4713 acre tract 50
denoted as parcel 110285 on Tax Map 0-99-G North 4° 04' 55" East 51
(Plat N 4° 06' E, 690.25 feet) a distance of 690.27 feet to a 52
brass screw in a concrete monument found; 53
Thence North 85° 32' 35" West (Plat N 85° 30' W, 60.00 55
feet) a distance of 59.96 feet to a brass screw in a concrete 56
monument found;
Thence North 4° 04' 35" East (Plat N 4° 06' E, 477.36 feet) 58
a distance of 477.48 feet to an iron pipe found at the northeast 59
corner of said Glen Burn Subdivision; 60
Thence continuing North 4° 04' 35" East a distance of 62
365.04 feet to a point; 63
Thence North 85° 55' 25" West a distance of 70.00 feet to 65
an iron pin set at the southeast corner of the herein-described 66
1.3774 acre tract and the true place of beginning for this 67
description.
Thence continuing North 85° 55' 25" West a distance of 69
300.00 feet to an iron pin set; 70
Thence North 4° 04' 35" East a distance of 200.00 feet to 72
an iron pin set; 73
Thence South 85° 55' 25" East a distance of 300.00 feet to 75
an iron pin set; 76
Thence South 4° 04' 35" West a distance of 200.00 feet to 78
an iron pin and the true place of beginning for this description. 79
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The above described tract contains 1.3774 acres of land 81
more or less and is subject to all easements and rights-of-way of 82
previous record.
Basis of bearings is the north right-of-way line of Morse 84
Road, North 85° 30' West as delineated upon said plat of Glen 85
Burn Subdivision.
The foregoing description was prepared by the City of 87
Columbus, Division of Water, James B. Uhlenhake, Registered 88
Surveyor No. 5622, from an actual survey made in March, 1994. 89
Section 2. The Governor is hereby authorized to execute a 91
deed of easement in the name of the state conveying to the City 92
of Columbus and its successors and assigns a permanent ingress 93
and egress easement described as follows: 94
Being a 40.00 feet wide permanent ingress and egress 96
easement and a 1.6277 acre tract of land and being part of a 97
236.26 acre tract more or less conveyed to the State of Ohio in 98
Deed Volume 1238, Pages 468-470 of the Franklin County Recorder's 99
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 99.10 100
acre tract denoted as parcel 110291 on Tax Map 0-99-G of the 101
Franklin County Auditor's Office, said 1.6277 acre tract being 102
situated in Section 3, Township 2, Range 18, United States 103
Military Lands, Township of Sharon, City of Columbus, County of 104
Franklin, State of Ohio and said 1.6277 acre tract being more
particularly described as follows: 105
Commencing for reference at the southeast corner of Glen 107
Burn Subdivision as same is delineated in Plat Book 17, Page 170 108
and 171, said southeast corner also being on the north 109
right-of-way line of Morse Road, 35.00 feet north of the 110
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, 111
Thence South 4° 04' 55" West a distance of 5.00 feet to a point 112
on the north right-of-way line of Morse Road, 30.00 feet north of 113
the centerline of Morse Road, said point being the southwest 114
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corner of said 94.4713 acre tract; 115
Thence with the north right-of-way line of Morse Road, 117
30.00 feet north of the centerline of Morse Road South 85° 30' 118
East a distance of 357.57 feet to the southwest corner of the 119
herein-described 1.6277 acre ingress and egress easement and the 120
true place of beginning for this description.
Thence along the westerly side of said 1.6277 acre ingress 122
and egress easement with the following 24 courses: 123
1. North 4° 30' East, 57.50' 125
2. North 6° 00' West, 46.79' 127
3. North 13° 50' West, 46.73' 129
4. North 24° 40' West, 46.56' 131
5. North 33° 30' West, 48.14' 133
6. North 35° 20' West, 51.64' 135
7. North 24° 10' West, 54.33' 137
8. North 10° 37' West, 54.77' 139
9. North 3° 03' East, 54.23' 141
10. North 13° 33' East, 52.00' 143
11. North 14° 28' East, 99.17' 145
12. North 8° 49' East, 98.14' 147
13. North 3° 49' East, 98.43' 149
14. North 0° 11' West, 98.05' 151
15. North 7° 21' West, 97.48' 153
16. North 14° 36' West, 97.42' 155
17. North 22° 06' West, 97.38' 157
18. North 29° 36' West, 97.41' 159
19. North 36° 56' West, 98.64' 161
20. North 37° 24' West, 81.59' 163
21. North 27° 51' West, 54.19' 165
22. North 13° 31' West, 53.99' 167
23. North 5° 05' West, 52.34' 169
24. North 0° 09' West, 52.08' 171
25. Thence North 81° 52' 53" West a distance of 43.85 feet 173
to a point on the east line of a 1.3774 acre tract; 174
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26. Thence with the east line of said 1.3774 acre tract 176
North 4° 04' 35" East a distance of 40.10 feet; 177
27. Thence South 81° 52' 53" East a distance of 85.76 feet 179
to a point on the easterly side of said 1.6277 acre ingress and 180
egress easement;
Thence with the easterly side of said easement the 182
following 25 courses:
28. South 6° 50' West, 36.67' 184
29. South 0° 09' East, 47.92' 186
30. South 5° 05' East, 47.66' 188
31. South 13° 31' East, 46.01' 190
32. South 27° 51' East, 45.81' 192
33. South 37° 24' East, 78.41' 194
34. South 36° 56' East, 101.36' 196
35. South 29° 36' East, 102.59' 198
36. South 22° 06' East, 102.62' 200
37. South 14° 36' East, 102.58' 202
38. South 7° 21' East, 102.52' 204
39. South 0° 11' East, 101.95' 206
40. South 3° 49' West, 101.57' 208
41. South 8° 49' West, 101.86' 210
42. South 14° 28' West, 100.83' 212
43. South 13° 33' West, 48.00' 214
44. South 3° 03' West, 45.77' 216
45. South 10° 37' East, 45.23' 218
46. South 24° 10' East, 45.67' 220
47. South 35° 20' East, 48.36' 222
48. South 33° 30' East, 51.86' 224
49. South 24° 10' East, 53.44' 226
50. South 13° 50' East, 53.27' 228
51. South 6° 00' East, 53.21' 230
52. South 4° 30' West a distance of 61.18 feet to a point 232
on the north right-of-way of Morse Road; 233
53. Thence with the north right-of-way of Morse Road North 235
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85° 30' West a distance of 40.00 feet to the place of beginning 236
for this description.
The above described tract contains 1.6277 acres of land 238
more or less, with 1.5076 acres being out of said 94.4713 acre 239
tract and 0.1201 acres being out of said 99.10 acre tract and is 240
subject to all easements and rights-of-way of previous record. 241
Said 1.6277 acre ingress and egress easement encompasses an 243
existing asphalt drive and is parallel and 20' distant both left 244
and right of the centerline of said drive. 245
Basis of bearings is the north right-of-way line of Morse 247
Road, North 85° 30' West as delineated upon said plat of Glen 248
Burn Subdivision.
The foregoing description was prepared by the City of 250
Columbus, Division of Water, James B. Uhlenhake, Registered 251
Surveyor No. 5622, from an actual survey made in March, 1994. 252
Section 3. The Governor is hereby authorized to execute a 254
deed of easement in the name of the state conveying to the City 255
of Columbus and its successors and assigns a permanent water line 256
easement described as follows: 257
Being a 30.00 feet wide permanent water line easement and a 259
1.0951 acre tract of land and being part of a 236.26 acre tract 260
more or less conveyed to the State of Ohio in Deed Volume 1238, 261
Pages 468-470 of the Franklin County Recorder's Office, said 262
1.0951 acre tract also being out of a 94.4713 acre tract denoted 263
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 264
Auditor's Office, said 1.0951 acre tract being situated in 265
Section 3, Township 2, Range 18, United States Military Lands, 266
Township of Sharon, City of Columbus, County of Franklin, State 267
of Ohio and said 1.0951 acre tract being more particularly 268
described as follows:
Commencing for reference at the southeast corner of Glen 270
Burn Subdivision as the same is delineated in Plat Book 17, Page 271
170 and 171, said southeast corner also being on the north 272
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right-of-way line of Morse Road, 35.00 feet north of the 273
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, 274
Thence South 4° 04' 55" West a distance of 5.00 feet to a point 275
on the north right-of-way line of Morse Road, 30.00 feet north of 276
the centerline of Morse Road, said point being the southwest 277
corner of said 94.4713 acre tract;
Thence with the north right-of-way line of Morse Road, 279
30.00 feet north of the centerline of Morse Road South 85° 30' 280
East a distance of 30.00 feet to an iron pin set at the southwest 281
corner of the herein-described 1.0951 acre permanent water line 282
easement and the true place of beginning for this description. 283
Thence parallel with the east line of said Glen Burn 285
Subdivision North 4° 04' 55" East (Plat N 4° 06' E) a distance of 286
694.45 feet to an iron pin set; 287
Thence North 3° 04' 30" West a distance of 627.27 feet to 289
an iron pin set; 290
Thence North 48° 04' 30" West a distance of 118.37 feet to 292
an iron pin set; 293
Thence North 3° 04' 30" West a distance of 150.10 feet to 295
an iron pin set on the south line of a 1.3774 acre tract; 296
Thence South 85° 55' 25" East a distance of 30.23 feet to 298
an iron pin set at the southeast corner of said 1.3774 acre 299
tract;
Thence South 3° 04' 30" East a distance of 133.91 feet to 301
an iron pin;
Thence South 48° 04' 30" East a distance of 118.37 feet to 303
an iron pin set; 304
Thence South 3° 04' 30" East a distance of 641.57 feet to 306
an iron pin set; 307
Thence South 4° 04' 55" West a distance of 696.54 feet to 309
an iron pin set on the north right-of-way line of Morse Road; 310
Thence with said right-of-way line North 85° 30' West a 312
distance of 30.00 feet to an iron pin and the true place of 313
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beginning for this description.
The above described tract contains 1.0951 acres of land 315
more or less, with 0.9388 acres being out of said 94.4713 acre 316
tract and 0.1563 acres being out of said 99.10 acre tract and is 317
subject to all easements and rights-of-way of previous record. 318
Basis of bearings is the north right-of-way line of Morse 320
Road, North 85° 30' West as delineated upon said plat of Glen 321
Burn Subdivision.
The foregoing description was prepared by the City of 323
Columbus, Division of Water, James B. Uhlenhake, Registered 324
Surveyor No. 5622, from an actual survey made in March, 1994. 325
Section 4. The Governor is hereby authorized to execute a 327
deed of easement in the name of the state conveying to the City 328
of Columbus and its successors and assigns a temporary 329
construction easement, for a period of three years, described as 330
follows:
Being a 0.6887 acre tract of land and being part of a 332
236.26 acre tract more or less conveyed to the State of Ohio in 333
Deed Volume 1238, Pages 468-470, of the Franklin County 334
Recorder's Office; said 0.6887 acre tract also being out of a 335
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 336
being situated in Section 3, Township 2, Range 18, United States 337
Military Lands, Township of Sharon, City of Columbus, County of 338
Franklin, State of Ohio and said 0.6887 acre tract being more 339
particularly described as follows:
Commencing for reference at the southeast corner of Glen 341
Burn Subdivision as the same is delineated in Plat Book 17, Page 342
170 and 171, said southeast corner also being on the north 343
right-of-way line of Morse Road, 35.00 feet north of the 344
centerline of Morse Road; Thence with the east line of said Glen
Burn Subdivision and the west line of a 94.4713 acre tract 345
denoted as parcel 110285 on Tax Map 0-99-G North 4° 04' 55" East 346
(Plat N 4° 06' E, 690.25 feet) a distance of 690.27 feet to a 347
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brass screw in a concrete monument found; 348
Thence North 85° 32' 35" West (Plat N 85° 30' W, 60.00 350
feet) a distance of 59.96 feet to a brass screw in a concrete 351
monument found;
Thence North 4° 04' 35" East (Plat N 4° 06' E, 477.36 feet) 353
a distance of 477.48 feet to an iron pipe found at the northeast 354
corner of said Glen Burn Subdivision; 355
Thence continuing North 4° 04' 35" East a distance of 357
365.04 feet to a point; 358
Thence North 85° 55' 25" West a distance of 70.00 feet to 360
an iron pin set at the northeast corner of the herein-described 361
0.6887 acre tract and the true place of beginning for this 362
description.
Thence South 4° 04' 35" West a distance of 100.00 feet to a 364
point;
Thence North 85° 55' 25" West a distance of 300.00 feet to 366
a point;
Thence North 4° 04' 35" East a distance of 100.00 feet to 368
an iron pin set; 369
Thence with the south line of a 1.3774 acre tract South 85° 371
55' 25" East a distance of 300.00 feet to an iron pin and the 372
true place of beginning for this description. 373
The above-described tract contains 0.6887 acres of land 375
more or less and is subject to all easements and rights-of-way of 376
previous record.
Basis of bearings is the north right-of-way line of Morse 378
Road, North 85° 30' West as delineated upon said plat of Glen 379
Burn Subdivision.
The foregoing description was prepared by the City of 381
Columbus, Division of Water, James B. Uhlenhake, Registered 382
Surveyor No. 5622, from an actual survey made in March, 1994. 383
Section 5. The Governor is hereby authorized to execute a 385
deed of easement in the name of the state conveying to the 386
Franklin Soil and Water Conservation District and its successors 387
10
and assigns a permanent conservation easement over state-owned 388
real estate, commonly known as "the ravine," on the property 389
controlled by the Ohio Schools for the Deaf and Blind, located in
Franklin County in the City of Columbus. The purpose of the 390
conservation easement shall be to maintain the area of the 391
easement predominantly in its natural, scenic, open, or wooded 392
condition as provided by sections 5301.67 to 5301.70 of the 393
Revised Code. The Ohio Schools for the Deaf and Blind shall have 395
a survey prepared of the property to be subject to the
conservation easement, and shall ensure that the real estate 396
subject to the conservation easement shall not be the same real 397
estate that is subject to the easements conveyed by Sections 2, 398
3, and 4 of this act and that the boundaries are consistent with 399
the boundaries that the Chairperson and Vice-chairperson of the 400
Board of Directors of the Franklin Soil and Water Conservation
District, or their designees, and the Superintendent of Public 401
Instruction agree upon, based on an aerial photograph of the 402
ravine area. The Director of Administrative Services shall 404
review the legal description and verify its accuracy. When the
Director is satisfied as to the description's accuracy, the 405
description shall be delivered to the Auditor of State for the 406
preparation of the deed.
Section 6. Consideration for the conveyance of the real 408
estate described in Section 1 of this act and for the conveyance 409
of the easements described in Sections 2, 3, and 4 of this act is 410
one hundred twenty-nine thousand eight hundred dollars and no 411
cents. The consideration for the conveyance of the easement 412
described in Section 5 of this act is the mutual benefit accruing 413
to the state and the Franklin Soil and Water Conservation 414
District by having the ravine area maintained as a conservation 415
area. One-half of the net proceeds of the conveyances described 416
in Sections 1, 2, 3, 4, and 5 of this act shall be paid to the 417
Ohio School for the Blind to use for technology assistance and 418
one-half of such net proceeds shall be paid to the Ohio School
11
for the Deaf to use for technology assistance. 419
Section 7. The costs of the conveyances described in 421
Sections 1, 2, 3, and 4 of this act shall be paid by the City of 422
Columbus. The costs of the conveyance described in Section 5 of 423
this act, including the cost of the survey and preparation of the 424
legal description, shall be paid by the Franklin Soil and Water 425
Conservation District.
Section 8. The conveyance described in Section 5 of this 428
act is subject to the condition that the Franklin Soil and Water 429
Conservation District administer the easement pursuant to 430
sections 5301.67 to 5301.70 of the Revised Code and pursuant to 431
an agreement between the Franklin Soil and Water Conservation 432
District and the Superintendent of Public Instruction. The 433
agreement shall provide that the Ohio Schools for the Deaf and 434
Blind shall retain reasonable access to the easement area for 435
educational and recreational purposes.
Section 9. The conveyance described in Section 5 of this 437
act is subject to the condition that the Franklin Soil and Water 438
Conservation District be permitted to post signs that identify 439
the area as a conservation easement and signs that specify any 440
restrictions on public access to the area if the Chairperson and
the Vice-chairperson of the Board of Directors of the Franklin 441
Soil and Water Conservation District, or their designees, and the 442
Superintendent of Public Instruction have agreed upon the wording 443
and format of those signs. The posting of signs identifying the 445
area as a conservation easement shall in no way restrict the Ohio 446
Schools for the Deaf and Blind from posting "no trespassing" 447
signs on school property to control the general public's access 448
to the conservation easement and to control the general public's 449
access to the adjoining school property that is not part of the 450
conservation easement.
Section 10. The conveyance described in Section 5 of this 452
act is subject to the condition that the City of Columbus, 453
Division of Sewers and Drains, be permitted reasonable access to 454
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the property, including access during emergency situations, to 455
carry out its responsibilities to maintain drainage in the area
and to maintain and repair sewers on the property. The Franklin 456
Soil and Water Conservation District and the City of Columbus, 457
Division of Sewers and Drains, shall develop and enter into a 458
written agreement that sets forth the conditions under which the 459
City of Columbus, Division of Sewers and Drains, shall have 460
access to the property. The agreement may be amended as
necessary upon approval of both parties. 461
Section 11. Upon payment of the consideration by the City 463
of Columbus, the Auditor of State, with the assistance of the 464
Attorney General, shall prepare a deed to the real estate 465
described in Section 1 of this act and deeds to the easements 466
described in Sections 2, 3, and 4 of this act. Upon presentation 467
of the legal description described in Section 5 of this act, the 468
Auditor of State, with the assistance of the Attorney General, 469
shall prepare a deed to the conservation easement described in
Section 5 of this act. The deeds shall state the consideration 471
and the deed for the conveyance described in Section 5 of this
act shall state the conditions set forth in Sections 8, 9, and 10 472
of this act. The deeds shall be executed by the Governor in the 473
name of the state, countersigned by the Secretary of State, 474
sealed with the great seal of the state, and presented in the 475
Office of the Auditor of State for recording. The deeds for the 476
conveyances described in Sections 1, 2, 3, and 4 of this act 477
shall be delivered to the City of Columbus, and the City of 479
Columbus shall present the deeds for recording in the Office of 480
the Franklin County Recorder. The deed for the conveyance 481
described in Section 5 of this act shall be delivered to the 482
Franklin Soil and Water Conservation District, and the Franklin 483
Soil and Water Conservation District shall present the deed for 484
recording in the Office of the Franklin County Recorder. 485
Section 12. This act shall expire one year after its 487
effective date. 488
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Section 13. This act is hereby declared to be an emergency 490
measure necessary for the immediate preservation of the public 491
peace, health, and safety. The reason for the emergency is that 492
the conveyance of the real estate and the easements under this 493
act at the earliest possible time is crucial for the City of 494
Columbus to begin construction of water tanks and to avoid the 495
substantial costs that would be incurred by delaying this 496
project. Therefore, this act shall go into immediate effect. 497