As Reported by the House Housing and 1
Public Lands Committee 2
122nd General Assembly 5
Regular Session Am. H. B. No. 97 6
1997-1998 7
REPRESENTATIVES SALERNO-MEAD-THOMAS-TIBERI-GARCIA-MYERS 9
12
A B I L L
To authorize the conveyance of two parcels of 14
state-owned real estate located in Franklin 15
County to the City of Columbus for construction 16
of the West Columbus Local Protection Project, 17
aka the Franklinton Floodwall, to authorize the 18
conveyance of any additional parcels of real 19
estate necessary for the completion of the 20
project, and to declare an emergency. 22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. The Governor is hereby authorized to execute a 26
deed in the name of the state conveying to the City of Columbus 27
in Franklin County and its successors and assigns all of the 28
state's right, title, and interest in the following two parcels 29
of real estate located beneath the waters of the Scioto River and 31
necessary for the construction of the West Columbus Local
Protection Project, aka the Franklinton Floodwall: 32
Parcel Number 1, a parcel known as Tract No. 410-1: 34
Situated in the State of Ohio, County of Franklin, City of 36
Columbus, and bounded and described as follows: 37
Being a part of the Scioto River adjacent to Survey No. 39
1393, Virginia Military Survey District, and adjacent to 17.386 41
acres conveyed to Paul R. Burge by Deed of Record in Official 43
Record 08840 J08 all References being to the Recorder's Office, 44
Franklin County, Ohio, and being more particularly described as
follows: 45
2
Beginning at a point on the northerly line of the Thomas A. 47
Nastoff tract described in Official Record 18150 D18, said Thomas 48
A. Nastoff tract being a conveyance out of the said Paul R. Burge 49
property, said point being 239.68 feet right of Souder Avenue 51
Extension center line station 16+20.32 as shown on right-of-way 52
plans FRA - SOUDER AVE. EXTENSION (FORMERLY FRA - 670 - 1.25,
A-3), designated corner 410-1-1, and being the TRUE POINT OF 53
BEGINNING of the tract herein described; 54
thence, with said northerly line of Thomas A. Nastoff and 56
the southerly bank of the Scioto River, North 36°39'42" West, a 58
distance of 125.49 feet (125.486 feet grid) to a point, on the 59
easterly right-of-way line of Souder Avenue Extension, designated 60
corner 400-5;
thence, continuing with the southerly bank of the Scioto 62
River, North 36°39'42" West, a distance of 116.53 feet (116.525 63
feet grid) to a point, designated corner 410-1-2; 64
thence, continuing with the southerly bank of the Scioto 66
River, North 43°22'40" West, a distance of 89.59 feet (89.587 67
feet grid) to a point, designated corner 410-1-3; 68
thence, continuing with the southerly bank of the Scioto 70
River, North 42°52'27" West, a distance of 32.57 feet (32.568 71
feet grid) to a point, on the westerly right-of-way of Souder 72
Avenue Extension, also being on the northeasterly line of the 73
said Paul R. Burge property, designated corner 211-8; 74
thence, continuing with the southerly bank of the Scioto 76
river, and the northerly line of said Paul R. Burge property, 77
North 42°52'27" West, a distance of 277.38 feet (277.367 feet 78
grid), to an iron pin set and stamped 211-7; 79
thence, continuing with the southerly bank of the Scioto 81
river, and the northerly line of said Paul R. Burge property, 82
North 50°38'26" West, a distance of 92.80 feet (92.799 feet grid) 83
to a point, designated corner COE 484; 84
thence, leaving the southerly bank of the Scioto River and 86
the northerly line of said Paul R. Burge property, North 87
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69°42'47" East, a distance of 53.77 feet (53.766 feet grid) to a 88
point in the Scioto River, designated corner COE 483; 89
thence, South 35°30'11" East, a distance of 198.50 feet 91
(198.486 feet grid) to a point in the Scioto River, designated 92
corner COE 482;
thence, South 46°54'48" East, a distance of 139.96 feet 94
(139.958 feet grid) to a point in the Scioto River, designated 95
corner COE 481;
thence, South 43°25'41" East, a distance of 146.91 feet 97
(146.898 feet grid) to a point in the Scioto River designated 98
corner COE 485;
thence, South 37°33'25" East, a distance of 115.66 feet 100
(115.655 feet grid) to a point in the Scioto River, designated 101
corner COE 486;
thence, South 25°14'22" East, a distance of 118.66 feet 103
(118.656 feet grid) to a point in the Scioto River, designated 104
corner COE 585;
thence, South 53°20'18" West, a distance of 1.66 feet 106
(1.662 feet grid) to the point of beginning, CONTAINING 0.356 107
ACRES.
The preceding description is subject to all legal 109
right-of-ways and easements of record. 110
Bearings, distances and coordinates are based on the Ohio 112
State Plane Coordinate System, NAD 1927, South Zone (Page's Ohio 113
Revised Code, Sec. 157.01 to 157.07 inclusive), Grid factor used 114
to reduce distances for this description is 0.9999514. True 115
North bears 00°21'00" West of Grid North.
A plat of survey of the tract described is on file with the 117
Real Estate Office, City of Columbus, Ohio, and the Survey 118
Section of the U.S. Army Corps of Engineers, Ohio River Division, 119
Huntington District, Huntington, West Virginia. 120
This description is based on the actual field survey 122
performed by Dodson-Lindblom Associates, Inc. in June 1991, 123
January-February 1994 January 1995, September 1995 - January 1996 124
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and May 1996. Dallas P. Morlan, Registered Surveyor No. 6540. 125
Parcel Number 2, a parcel known as Tract No. 410-2: 127
Situated in the State of Ohio, County of Franklin, City of 129
Columbus, and bounded and described as follows: 130
Being a part of the Scioto River adjacent to Survey No. 132
1393, Virginia Military Survey District, and adjacent to tracts 134
conveyed to Thomas A. Nastoff as described in Official Record 135
18150 D18 and The Board of County Commissioners of Franklin 136
County, Ohio as described in Deed Book 1312 Page 289 and Deed
Book 1680 Page 580, all References being to the Recorder's 137
Office, Franklin County, Ohio, and being more particularly 138
described as follows:
Beginning at a point on the northerly line of the Thomas A. 140
Nastoff tract described in Official Record 18150 D18, and being 141
239.68 feet right of Souder Avenue Extension center line station 142
16+20.32 as shown on right-of-way plans FRA - SOUDER AVE. 143
EXTENSION (FORMERLY FRA - 670 - 1.25, A-3), designated corner 144
410-1-1, and being the TRUE POINT OF BEGINNING of the tract 145
herein described;
thence, leaving the southerly bank of the Scioto River and 147
the northerly line of said Thomas A. Nastoff property, North 148
53°20'18" East, a distance of 1.66 feet (1.662 feet grid) to a 149
point in the Scioto River, designated corner COE 585; 150
thence, South 40°52'51" East, a distance of 157.59 feet 152
(157.580 feet grid) to a point, designated corner COE 586; 153
thence, South 62°59'31" East, a distance of 175.95 feet 155
(175.942 feet grid) to a point, designated corner COE 1291; 156
thence, South 84°06'21" East, a distance of 150.82 feet 158
(150.808 feet grid) to a point, designated corner COE 1341; 159
thence, North 78°48'19" East, a distance of 364.74 feet 161
(364.717 feet grid) to a point, designated corner COE 1340; 162
thence, North 84°07'14" East, a distance of 410.37 feet 164
(410.351 feet grid) to a point, designated corner COE 1327; 165
thence, North 75°38'34" East, a distance of 219.68 feet 167
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(219.665 feet grid) to a point at the southerly edge of water of 168
the Scioto River and on the northerly line of the Board of County 169
Commissioners, Franklin County, Ohio property, described in Deed 170
Book 1680 Page 580, designated corner 410-2-1;
thence, with the southerly edge of water of the Scioto 172
River and the northerly line of said Board of County 173
Commissioners property, South 68°53'49" West, a distance of 43.70 174
feet (43.693 feet grid) to a point, designated corner 402-1-2; 175
thence, continuing with the southerly edge of water of the 177
Scioto River and the northerly line of said Board of County 178
Commissioners property, South 71°46'40" West, a distance of 179
349.03 feet (349.018 feet grid) to a point, designated corner 180
402-1-1;
thence, continuing with the southerly edge of water of the 182
Scioto River and the northerly line of said Board of County 183
Commissioners property, South 76°29'24" West, a distance of 184
173.20 feet (173.194 feet grid) to a point, designated corner 185
406-2-3, also being on the northeasterly corner of the State of 186
Ohio property, Parcel 239WR, conveyed by Deed Book 3535 Page 678;
thence, with the southerly edge of water of the Scioto 188
River and the northerly line of said State of Ohio Parcel 239WR, 189
South 81°19'17" West, a distance of 48.69 feet (48.692 feet grid) 190
to a point, designated corner 406-2-2, also being the 191
northwesterly corner of said State of Ohio Parcel 239WR;
thence, with the southerly edge of water of the Scioto 193
River and crossing the current and proposed alignment of State 194
Route 315, South 68°07'41" West, a distance of 112.26 feet 195
(112.253 feet grid) to a point, designated corner 410-2-2; 196
thence, with the southerly edge of water of the Scioto 198
River, South 78°23'19" West, a distance of 263.41 feet (263.392 199
feet grid) to a point, designated corner 410-2-3; 200
thence, with the southerly edge of water of the Scioto 202
River, North 73°31'37" West, a distance of 155.95 feet (155.943 203
feet grid) to a point, designated corner 410-2-4; 204
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thence, with the southerly edge of water of the Scioto 206
River, North 53°31'47" West, a distance of 132.23 feet (132.224 207
feet grid) to a point, being the eastern most corner of the 208
Thomas A. Nastoff property described in Official Record 18150 209
D18, designated corner 400-7
thence, with the northerly line of said Thomas A. Nastoff 211
property, North 52°02'27" West, a distance of 124.14 feet 212
(124.130 feet grid) to a point, designated corner 400-6; 213
thence, continuing with the northerly line of said Thomas 215
A. Nastoff property, North 36°39'42" West, a distance of 142.83 216
feet (142.820 feet grid) to the point of beginning, CONTAINING 217
1.829 ACRES.
The preceding description is subject to all legal 219
right-of-ways and easements of record. 220
Bearings, distances and coordinates are based on the Ohio 222
State Plane Coordinate System, NAD 1927, South Zone (Page's Ohio 223
Revised Code, Sec. 157.01 to 157.07 inclusive), Grid factor used 224
to reduce distances for this description is 0.9999514. True 225
North bears 00°21'00" West of Grid North.
A plat of survey of the tract described is on file with the 227
Real Estate Office, City of Columbus, Ohio, and the Survey 228
Section of the U.S. Army Corps of Engineers, Ohio River Division, 229
Huntington District, Huntington, West Virginia. 230
This description is based on an actual field survey 232
performed by Dodson-Lindblom Associates, Inc. in June 1991, 233
January-February 1994 January 1995, September 1995 - January 1996 234
and May 1996. Dallas P. Morlan, Registered Surveyor No. 6540. 235
Section 2. The conveyance of Parcel Number 2, a parcel 237
known as Tract No. 410-2 and described in Section 1 of this act, 238
is subject to the condition of an easement the State of Ohio 239
hereby reserves for the purpose of entry onto the property as 240
necessary for the construction, operation, and maintenance of
State Route 315. The state's exercise of its right to entry onto 241
the property shall not interfere with the construction, 242
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operation, and maintenance of the West Columbus Local Protection 243
Project, aka the Franklinton Floodwall.
Section 3. Consideration for conveyance of the real estate 245
is the mutual benefit accruing to the state and the City of 246
Columbus by the construction of the West Columbus Local 247
Protection Project, aka the Franklinton Floodwall. 248
Section 4. Within one year after the effective date of 250
this act, the Auditor of State, with the assistance of the 251
Attorney General, shall prepare a deed to the real estate. The 252
deed shall state the consideration and the condition of the 253
easement. The deed shall be executed by the Governor in the name 255
of the state, countersigned by the Secretary of State, sealed 256
with the Great Seal of the State, presented in the Office of the 257
Auditor of State for recording, and delivered to the grantee. 258
The grantee shall present the deed for recording in the Office of 259
the Franklin County Recorder. 260
Section 5. The grantee shall pay the costs of the 262
conveyance.
Section 6. The Governor is hereby authorized to execute 264
additional deeds in the name of the state conveying to the City 265
of Columbus and its successors and assigns all of the state's 266
right, title, and interest in any additional parcels of real 267
estate that would change or broaden the parcels described in
Section 1 of this act and that are necessary to complete 268
construction of the West Columbus Local Protection Project, aka 269
the Franklinton Floodwall. As consideration for the conveyance 270
of additional parcels pursuant to this section, the Governor may 271
require the reconveyance of any or all of the real estate 272
conveyed pursuant to Section 1 of this act that the City does not 273
require to complete the project. Any conveyance made pursuant to 274
this section shall be prepared and executed in accordance with 275
the procedures set forth in Section 4 of this act. The grantee 276
shall pay the costs of any conveyance made pursuant to this
section.
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Section 7. This act expires one year after its effective 278
date.
Section 8. This act is hereby declared to be an emergency 280
measure necessary for the immediate preservation of the public 281
peace, health, and safety. The reason for the necessity is that 282
immediate action is required for the City of Columbus to acquire 283
the two parcels of real estate located beneath the Scioto River 284
as soon as possible to commence construction of the next phase of 285
the West Columbus Local Protection Project, aka the Franklinton 286
Floodwall. Therefore, this act shall go into immediate effect. 287