As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 97 5
1997-1998 6
REPRESENTATIVES SALERNO-MEAD-THOMAS-TIBERI 8
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A B I L L
To authorize the conveyance of two parcels of 12
state-owned real estate located in Franklin 13
County to the City of Columbus for construction 14
of the West Columbus Local Protection Project, 15
aka the Franklinton Floodwall, to authorize the 16
conveyance of any additional parcels of real 17
estate necessary for the completion of the 18
project, and to declare an emergency. 20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. The Governor is hereby authorized to execute a 24
deed in the name of the state conveying to the City of Columbus 25
in Franklin County and its successors and assigns all of the 26
state's right, title, and interest in the following two parcels 27
of real estate located beneath the waters of the Scioto River and 29
necessary for the construction of the West Columbus Local
Protection Project, aka the Franklinton Floodwall: 30
Parcel Number 1, a parcel known as Tract No. 410-1: 32
Situated in the State of Ohio, County of Franklin, City of 34
Columbus, and bounded and described as follows: 35
Being a part of the Scioto River adjacent to Survey No. 37
1393, Virginia Military Survey District, and adjacent to 17.386 39
acres conveyed to Paul R. Burge by Deed of Record in Official 41
Record 08840 J08 all References being to the Recorder's Office, 42
Franklin County, Ohio, and being more particularly described as
follows: 43
Beginning at a point on the northerly line of the Thomas A. 45
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Nastoff tract described in Official Record 18150 D18, said Thomas 46
A. Nastoff tract being a conveyance out of the said Paul R. Burge 47
property, said point being 239.68 feet right of Souder Avenue 49
Extension center line station 16+20.32 as shown on right-of-way 50
plans FRA - SOUDER AVE. EXTENSION (FORMERLY FRA - 670 - 1.25,
A-3), designated corner 410-1-1, and being the TRUE POINT OF 51
BEGINNING of the tract herein described; 52
thence, with said northerly line of Thomas A. Nastoff and 54
the southerly bank of the Scioto River, North 36°39'42" West, a 56
distance of 125.49 feet (125.486 feet grid) to a point, on the 57
easterly right-of-way line of Souder Avenue Extension, designated 58
corner 400-5;
thence, continuing with the southerly bank of the Scioto 60
River, North 36°39'42" West, a distance of 116.53 feet (116.525 61
feet grid) to a point, designated corner 410-1-2; 62
thence, continuing with the southerly bank of the Scioto 64
River, North 43°22'40" West, a distance of 89.59 feet (89.587 65
feet grid) to a point, designated corner 410-1-3; 66
thence, continuing with the southerly bank of the Scioto 68
River, North 42°52'27" West, a distance of 32.57 feet (32.568 69
feet grid) to a point, on the westerly right-of-way of Souder 70
Avenue Extension, also being on the northeasterly line of the 71
said Paul R. Burge property, designated corner 211-8; 72
thence, continuing with the southerly bank of the Scioto 74
river, and the northerly line of said Paul R. Burge property, 75
North 42°52'27" West, a distance of 277.38 feet (277.367 feet 76
grid), to an iron pin set and stamped 211-7; 77
thence, continuing with the southerly bank of the Scioto 79
river, and the northerly line of said Paul R. Burge property, 80
North 50°38'26" West, a distance of 92.80 feet (92.799 feet grid) 81
to a point, designated corner COE 484; 82
thence, leaving the southerly bank of the Scioto River and 84
the northerly line of said Paul R. Burge property, North 85
69°42'47" East, a distance of 53.77 feet (53.766 feet grid) to a 86
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point in the Scioto River, designated corner COE 483; 87
thence, South 35°30'11" East, a distance of 198.50 feet 89
(198.486 feet grid) to a point in the Scioto River, designated 90
corner COE 482;
thence, South 46°54'48" East, a distance of 139.96 feet 92
(139.958 feet grid) to a point in the Scioto River, designated 93
corner COE 481;
thence, South 43°25'41" East, a distance of 146.91 feet 95
(146.898 feet grid) to a point in the Scioto River designated 96
corner COE 485;
thence, South 37°33'25" East, a distance of 115.66 feet 98
(115.655 feet grid) to a point in the Scioto River, designated 99
corner COE 486;
thence, South 25°14'22" East, a distance of 118.66 feet 101
(118.656 feet grid) to a point in the Scioto River, designated 102
corner COE 585;
thence, South 53°20'18" West, a distance of 1.66 feet 104
(1.662 feet grid) to the point of beginning, CONTAINING 0.356 105
ACRES.
The preceding description is subject to all legal 107
right-of-ways and easements of record. 108
Bearings, distances and coordinates are based on the Ohio 110
State Plane Coordinate System, NAD 1927, South Zone (Page's Ohio 111
Revised Code, Sec. 157.01 to 157.07 inclusive), Grid factor used 112
to reduce distances for this description is 0.9999514. True 113
North bears 00°21'00" West of Grid North.
A plat of survey of the tract described is on file with the 115
Real Estate Office, City of Columbus, Ohio, and the Survey 116
Section of the U.S. Army Corps of Engineers, Ohio River Division, 117
Huntington District, Huntington, West Virginia. 118
This description is based on the actual field survey 120
performed by Dodson-Lindblom Associates, Inc. in June 1991, 121
January-February 1994 January 1995, September 1995 - January 1996 122
and May 1996.
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Dallas P. Morlan 124
Registered Surveyor No. 6540 125
Parcel Number 2, a parcel known as Tract No. 410-2: 128
Situated in the State of Ohio, County of Franklin, City of 130
Columbus, and bounded and described as follows: 131
Being a part of the Scioto River adjacent to Survey No. 133
1393, Virginia Military Survey District, and adjacent to tracts 135
conveyed to Thomas A. Nastoff as described in Official Record 136
18150 D18 and The Board of County Commissioners of Franklin 137
County, Ohio as described in Deed Book 1312 Page 289 and Deed
Book 1680 Page 580, all References being to the Recorder's 138
Office, Franklin County, Ohio, and being more particularly 139
described as follows:
Beginning at a point on the northerly line of the Thomas A. 141
Nastoff tract described in Official Record 18150 D18, and being 142
239.68 feet right of Souder Avenue Extension center line station 143
16+20.32 as shown on right-of-way plans FRA - SOUDER AVE. 144
EXTENSION (FORMERLY FRA - 670 - 1.25, A-3), designated corner 145
410-1-1, and being the TRUE POINT OF BEGINNING of the tract 146
herein described;
thence, leaving the southerly bank of the Scioto River and 148
the northerly line of said Thomas A. Nastoff property, North 149
53°20'18" East, a distance of 1.66 feet (1.662 feet grid) to a 150
point in the Scioto River, designated corner COE 585; 151
thence, South 40°52'51" East, a distance of 157.59 feet 153
(157.580 feet grid) to a point, designated corner COE 586; 154
thence, South 62°59'31" East, a distance of 175.95 feet 156
(175.942 feet grid) to a point, designated corner COE 1291; 157
thence, South 84°06'21" East, a distance of 150.82 feet 159
(150.808 feet grid) to a point, designated corner COE 1341; 160
thence, North 78°48'19" East, a distance of 364.74 feet 162
(364.717 feet grid) to a point, designated corner COE 1340; 163
thence, North 84°07'14" East, a distance of 410.37 feet 165
(410.351 feet grid) to a point, designated corner COE 1327; 166
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thence, North 75°38'34" East, a distance of 219.68 feet 168
(219.665 feet grid) to a point at the southerly edge of water of 169
the Scioto River and on the northerly line of the Board of County 170
Commissioners, Franklin County, Ohio property, described in Deed 171
Book 1680 Page 580, designated corner 410-2-1;
thence, with the southerly edge of water of the Scioto 173
River and the northerly line of said Board of County 174
Commissioners property, South 68°53'49" West, a distance of 43.70 175
feet (43.693 feet grid) to a point, designated corner 402-1-2; 176
thence, continuing with the southerly edge of water of the 178
Scioto River and the northerly line of said Board of County 179
Commissioners property, South 71°46'40" West, a distance of 180
349.03 feet (349.018 feet grid) to a point, designated corner 181
402-1-1;
thence, continuing with the southerly edge of water of the 183
Scioto River and the northerly line of said Board of county 184
Commissioners property, South 76°29'24" West, a distance of 185
173.20 feet (173.194 feet grid) to a point, designated corner 186
406-2-3, also being on the northeasterly corner of the State of 187
Ohio property, Parcel 239WR, conveyed by Deed Book 3535 Page 678;
thence, with the southerly edge of water of the Scioto 189
River and the northerly line of said State of Ohio Parcel 239WR, 190
South 81°19'17" West, a distance of 48.69 feet (48.692 feet grid) 191
to a point, designated corner 406-2-2, also being the 192
northwesterly corner of said State of Ohio Parcel 239WR;
thence, with the southerly edge of water of the Scioto 194
River and crossing the current and proposed alignment of State 195
Route 315, South 68°07'41" West, a distance of 112.26 feet 196
(112.253 feet grid) to a point, designated corner 410-2-2; 197
thence, with the southerly edge of water of the Scioto 199
River, South 78°23'19" West, a distance of 263.41 feet (263.392 200
feet grid) to a point, designated corner 410-2-3; 201
thence, with the southerly edge of water of the Scioto 203
River, North 73°31'37" West, a distance of 155.95 feet (155.943 204
6
feet grid) to a point, designated corner 410-2-4; 205
thence, with the southerly edge of water of the Scioto 207
River, North 53°31'47" West, a distance of 132.23 feet (132.224 208
feet grid) to a point, being the eastern most corner of the 209
Thomas A. Nastoff property described in Official Record 18150 210
D18, designated corner 400-7
thence, with the northerly line of said Thomas A. Nastoff 212
property, North 52°02'27" West, a distance of 124.14 feet 213
(124.130 feet grid) to a point, designated corner 400-6; 214
thence, continuing with the northerly line of said Thomas 216
A. Nastoff property, North 36°39'42" West, a distance of 142.83 217
feet (142.820 feet grid) to the point of beginning, CONTAINING 218
1.829 ACRES.
The preceding description is subject to all legal 220
right-of-ways and easements of record. 221
Bearings, distances and coordinates are based on the Ohio 223
State Plane Coordinate System, NAD 1927, South Zone (Page's Ohio 224
Revised Code, Sec. 157.01 to 157.07 inclusive), Grid factor used 225
to reduce distances for this description is 0.9999514. True 226
North bears 00°21'00" West of Grid North.
A plat of survey of the tract described is on file with the 228
Real Estate Office, City of Columbus, Ohio, and the Survey 229
Section of the U.S. Army Corps of Engineers, Ohio River Division, 230
Huntington District, Huntington, West Virginia. 231
This description is based on an actual field survey 233
performed by Dodson-Lindblom Associates, Inc. in June 1991, 234
January-February 1994 January 1995, September 1995 - January 1996 235
and May 1996.
Dallas P. Morlan 237
Registered Surveyor No. 6540 238
Section 2. Consideration for conveyance of the real estate 241
is the mutual benefit accruing to the state and the City of 242
Columbus by the construction of the West Columbus Local 243
Protection Project, aka the Franklinton Floodwall. 244
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Section 3. Within one year after the effective date of 246
this act, the Auditor of State, with the assistance of the 247
Attorney General, shall prepare a deed to the real estate. The 248
deed shall state the consideration. The deed shall be executed 249
by the Governor in the name of the state, countersigned by the 250
Secretary of State, sealed with the Great Seal of the State, 251
presented in the Office of the Auditor of State for recording, 252
and delivered to the grantee. The grantee shall present the deed 254
for recording in the Office of the Franklin County Recorder. 255
Section 4. The grantee shall pay the costs of the 257
conveyance.
Section 5. The Governor is hereby authorized to execute 259
additional deeds in the name of the state conveying to the City 260
of Columbus and its successors and assigns all of the state's 261
right, title, and interest in any additional parcels of real 262
estate that would change or broaden the parcels described in
Section 1 of this act and that are necessary to complete 263
construction of the West Columbus Local Protection Project, aka 264
the Franklinton Floodwall. As consideration for the conveyance 265
of additional parcels pursuant to this section, the Governor may 266
require the reconveyance of any or all of the real estate 267
conveyed pursuant to Section 1 of this act that the City does not 268
require to complete the project. Any conveyance made pursuant to 269
this section shall be prepared and executed in accordance with 270
the procedures set forth in Section 3 of this act. The grantee 271
shall pay the costs of any conveyance made pursuant to this
section.
Section 6. This act expires one year after its effective 273
date.
Section 7. This act is hereby declared to be an emergency 275
measure necessary for the immediate preservation of the public 276
peace, health, and safety. The reason for the necessity is that 277
the City of Columbus must have the land by January 1997, to 278
commence construction of the next phase of the West Columbus 279
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Local Protection Project, aka the Franklinton Floodwall. 281
Therefore, this act shall go into immediate effect.