As Passed by the House 1
122nd General Assembly 4
Regular Session Am. H. B. No. 97 5
1997-1998 6
REPRESENTATIVES SALERNO-MEAD-THOMAS-TIBERI-GARCIA-MYERS-TAVARES- 8
SCHUCK-BEATTY-MASON-AMSTUTZ-JOHNSON-BRITTON 9
11
A B I L L
To authorize the conveyance of two parcels of 13
state-owned real estate located in Franklin 14
County to the City of Columbus for construction 15
of the West Columbus Local Protection Project, 16
a k a the Franklinton Floodwall, to authorize the 17
conveyance of any additional parcels of real 18
estate necessary for the completion of the 19
project, and to declare an emergency. 21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. The Governor is hereby authorized to execute a 25
deed in the name of the state conveying to the City of Columbus 26
in Franklin County and its successors and assigns all of the 27
state's right, title, and interest in the following two parcels 28
of real estate located beneath the waters of the Scioto River and 30
necessary for the construction of the West Columbus Local
Protection Project, a k a the Franklinton Floodwall: 31
Parcel Number 1, a parcel known as Tract No. 410-1: 33
Situated in the State of Ohio, County of Franklin, City of 35
Columbus, and bounded and described as follows: 36
Being a part of the Scioto River adjacent to Survey No. 38
1393, Virginia Military Survey District, and adjacent to 17.386 40
acres conveyed to Paul R. Burge by Deed of Record in Official 42
Record 08840 J08 all References being to the Recorder's Office, 43
Franklin County, Ohio, and being more particularly described as
follows: 44
2
Beginning at a point on the northerly line of the Thomas A. 46
Nastoff tract described in Official Record 18150 D18, said Thomas 47
A. Nastoff tract being a conveyance out of the said Paul R. Burge 48
property, said point being 239.68 feet right of Souder Avenue 50
Extension center line station 16+20.32 as shown on right-of-way 51
plans FRA - SOUDER AVE. EXTENSION (FORMERLY FRA - 670 - 1.25,
A-3), designated corner 410-1-1, and being the TRUE POINT OF 52
BEGINNING of the tract herein described; 53
thence, with said northerly line of Thomas A. Nastoff and 55
the southerly bank of the Scioto River, North 36°39'42" West, a 57
distance of 125.49 feet (125.486 feet grid) to a point, on the 58
easterly right-of-way line of Souder Avenue Extension, designated 59
corner 400-5;
thence, continuing with the southerly bank of the Scioto 61
River, North 36°39'42" West, a distance of 116.53 feet (116.525 62
feet grid) to a point, designated corner 410-1-2; 63
thence, continuing with the southerly bank of the Scioto 65
River, North 43°22'40" West, a distance of 89.59 feet (89.587 66
feet grid) to a point, designated corner 410-1-3; 67
thence, continuing with the southerly bank of the Scioto 69
River, North 42°52'27" West, a distance of 32.57 feet (32.568 70
feet grid) to a point, on the westerly right-of-way of Souder 71
Avenue Extension, also being on the northeasterly line of the 72
said Paul R. Burge property, designated corner 211-8; 73
thence, continuing with the southerly bank of the Scioto 75
river, and the northerly line of said Paul R. Burge property, 76
North 42°52'27" West, a distance of 277.38 feet (277.367 feet 77
grid), to an iron pin set and stamped 211-7; 78
thence, continuing with the southerly bank of the Scioto 80
river, and the northerly line of said Paul R. Burge property, 81
North 50°38'26" West, a distance of 92.80 feet (92.799 feet grid) 82
to a point, designated corner COE 484; 83
thence, leaving the southerly bank of the Scioto River and 85
the northerly line of said Paul R. Burge property, North 86
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69°42'47" East, a distance of 53.77 feet (53.766 feet grid) to a 87
point in the Scioto River, designated corner COE 483; 88
thence, South 35°30'11" East, a distance of 198.50 feet 90
(198.486 feet grid) to a point in the Scioto River, designated 91
corner COE 482;
thence, South 46°54'48" East, a distance of 139.96 feet 93
(139.958 feet grid) to a point in the Scioto River, designated 94
corner COE 481;
thence, South 43°25'41" East, a distance of 146.91 feet 96
(146.898 feet grid) to a point in the Scioto River designated 97
corner COE 485;
thence, South 37°33'25" East, a distance of 115.66 feet 99
(115.655 feet grid) to a point in the Scioto River, designated 100
corner COE 486;
thence, South 25°14'22" East, a distance of 118.66 feet 102
(118.656 feet grid) to a point in the Scioto River, designated 103
corner COE 585;
thence, South 53°20'18" West, a distance of 1.66 feet 105
(1.662 feet grid) to the point of beginning, CONTAINING 0.356 106
ACRES.
The preceding description is subject to all legal 108
right-of-ways and easements of record. 109
Bearings, distances and coordinates are based on the Ohio 111
State Plane Coordinate System, NAD 1927, South Zone (Page's Ohio 112
Revised Code, Sec. 157.01 to 157.07 inclusive), Grid factor used 113
to reduce distances for this description is 0.9999514. True 114
North bears 00°21'00" West of Grid North.
A plat of survey of the tract described is on file with the 116
Real Estate Office, City of Columbus, Ohio, and the Survey 117
Section of the U.S. Army Corps of Engineers, Ohio River Division, 118
Huntington District, Huntington, West Virginia. 119
This description is based on the actual field survey 121
performed by Dodson-Lindblom Associates, Inc. in June 1991, 122
January-February 1994 January 1995, September 1995 - January 1996 123
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and May 1996. Dallas P. Morlan, Registered Surveyor No. 6540. 124
Parcel Number 2, a parcel known as Tract No. 410-2: 126
Situated in the State of Ohio, County of Franklin, City of 128
Columbus, and bounded and described as follows: 129
Being a part of the Scioto River adjacent to Survey No. 131
1393, Virginia Military Survey District, and adjacent to tracts 133
conveyed to Thomas A. Nastoff as described in Official Record 134
18150 D18 and The Board of County Commissioners of Franklin 135
County, Ohio as described in Deed Book 1312 Page 289 and Deed
Book 1680 Page 580, all References being to the Recorder's 136
Office, Franklin County, Ohio, and being more particularly 137
described as follows:
Beginning at a point on the northerly line of the Thomas A. 139
Nastoff tract described in Official Record 18150 D18, and being 140
239.68 feet right of Souder Avenue Extension center line station 141
16+20.32 as shown on right-of-way plans FRA - SOUDER AVE. 142
EXTENSION (FORMERLY FRA - 670 - 1.25, A-3), designated corner 143
410-1-1, and being the TRUE POINT OF BEGINNING of the tract 144
herein described;
thence, leaving the southerly bank of the Scioto River and 146
the northerly line of said Thomas A. Nastoff property, North 147
53°20'18" East, a distance of 1.66 feet (1.662 feet grid) to a 148
point in the Scioto River, designated corner COE 585; 149
thence, South 40°52'51" East, a distance of 157.59 feet 151
(157.580 feet grid) to a point, designated corner COE 586; 152
thence, South 62°59'31" East, a distance of 175.95 feet 154
(175.942 feet grid) to a point, designated corner COE 1291; 155
thence, South 84°06'21" East, a distance of 150.82 feet 157
(150.808 feet grid) to a point, designated corner COE 1341; 158
thence, North 78°48'19" East, a distance of 364.74 feet 160
(364.717 feet grid) to a point, designated corner COE 1340; 161
thence, North 84°07'14" East, a distance of 410.37 feet 163
(410.351 feet grid) to a point, designated corner COE 1327; 164
thence, North 75°38'34" East, a distance of 219.68 feet 166
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(219.665 feet grid) to a point at the southerly edge of water of 167
the Scioto River and on the northerly line of the Board of County 168
Commissioners, Franklin County, Ohio property, described in Deed 169
Book 1680 Page 580, designated corner 410-2-1;
thence, with the southerly edge of water of the Scioto 171
River and the northerly line of said Board of County 172
Commissioners property, South 68°53'49" West, a distance of 43.70 173
feet (43.693 feet grid) to a point, designated corner 402-1-2; 174
thence, continuing with the southerly edge of water of the 176
Scioto River and the northerly line of said Board of County 177
Commissioners property, South 71°46'40" West, a distance of 178
349.03 feet (349.018 feet grid) to a point, designated corner 179
402-1-1;
thence, continuing with the southerly edge of water of the 181
Scioto River and the northerly line of said Board of County 182
Commissioners property, South 76°29'24" West, a distance of 183
173.20 feet (173.194 feet grid) to a point, designated corner 184
406-2-3, also being on the northeasterly corner of the State of 185
Ohio property, Parcel 239WR, conveyed by Deed Book 3535 Page 678;
thence, with the southerly edge of water of the Scioto 187
River and the northerly line of said State of Ohio Parcel 239WR, 188
South 81°19'17" West, a distance of 48.69 feet (48.692 feet grid) 189
to a point, designated corner 406-2-2, also being the 190
northwesterly corner of said State of Ohio Parcel 239WR;
thence, with the southerly edge of water of the Scioto 192
River and crossing the current and proposed alignment of State 193
Route 315, South 68°07'41" West, a distance of 112.26 feet 194
(112.253 feet grid) to a point, designated corner 410-2-2; 195
thence, with the southerly edge of water of the Scioto 197
River, South 78°23'19" West, a distance of 263.41 feet (263.392 198
feet grid) to a point, designated corner 410-2-3; 199
thence, with the southerly edge of water of the Scioto 201
River, North 73°31'37" West, a distance of 155.95 feet (155.943 202
feet grid) to a point, designated corner 410-2-4; 203
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thence, with the southerly edge of water of the Scioto 205
River, North 53°31'47" West, a distance of 132.23 feet (132.224 206
feet grid) to a point, being the eastern most corner of the 207
Thomas A. Nastoff property described in Official Record 18150 208
D18, designated corner 400-7
thence, with the northerly line of said Thomas A. Nastoff 210
property, North 52°02'27" West, a distance of 124.14 feet 211
(124.130 feet grid) to a point, designated corner 400-6; 212
thence, continuing with the northerly line of said Thomas 214
A. Nastoff property, North 36°39'42" West, a distance of 142.83 215
feet (142.820 feet grid) to the point of beginning, CONTAINING 216
1.829 ACRES.
The preceding description is subject to all legal 218
right-of-ways and easements of record. 219
Bearings, distances and coordinates are based on the Ohio 221
State Plane Coordinate System, NAD 1927, South Zone (Page's Ohio 222
Revised Code, Sec. 157.01 to 157.07 inclusive), Grid factor used 223
to reduce distances for this description is 0.9999514. True 224
North bears 00°21'00" West of Grid North.
A plat of survey of the tract described is on file with the 226
Real Estate Office, City of Columbus, Ohio, and the Survey 227
Section of the U.S. Army Corps of Engineers, Ohio River Division, 228
Huntington District, Huntington, West Virginia. 229
This description is based on an actual field survey 231
performed by Dodson-Lindblom Associates, Inc. in June 1991, 232
January-February 1994 January 1995, September 1995 - January 1996 233
and May 1996. Dallas P. Morlan, Registered Surveyor No. 6540. 234
Section 2. The conveyance of Parcel Number 2, a parcel 236
known as Tract No. 410-2 and described in Section 1 of this act, 237
is subject to the condition of an easement the State of Ohio 238
hereby reserves for the purpose of entry onto the property as 239
necessary for the construction, operation, and maintenance of
State Route 315. The state's exercise of its right to entry onto 240
the property shall not interfere with the construction, 241
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operation, and maintenance of the West Columbus Local Protection 242
Project, a k a the Franklinton Floodwall.
Section 3. Consideration for conveyance of the real estate 244
is the mutual benefit accruing to the state and the City of 245
Columbus by the construction of the West Columbus Local 246
Protection Project, a k a the Franklinton Floodwall. 247
Section 4. Within one year after the effective date of 249
this act, the Auditor of State, with the assistance of the 250
Attorney General, shall prepare a deed to the real estate. The 251
deed shall state the consideration and the condition of the 252
easement. The deed shall be executed by the Governor in the name 254
of the state, countersigned by the Secretary of State, sealed 255
with the Great Seal of the State, presented in the Office of the 256
Auditor of State for recording, and delivered to the grantee. 257
The grantee shall present the deed for recording in the Office of 258
the Franklin County Recorder. 259
Section 5. The grantee shall pay the costs of the 261
conveyance.
Section 6. The Governor is hereby authorized to execute 263
additional deeds in the name of the state conveying to the City 264
of Columbus and its successors and assigns all of the state's 265
right, title, and interest in any additional parcels of real 266
estate that would change or broaden the parcels described in
Section 1 of this act and that are necessary to complete 267
construction of the West Columbus Local Protection Project, a k a 268
the Franklinton Floodwall. As consideration for the conveyance 269
of additional parcels pursuant to this section, the Governor may 270
require the reconveyance of any or all of the real estate 271
conveyed pursuant to Section 1 of this act that the City does not 272
require to complete the project. Any conveyance made pursuant to 273
this section shall be prepared and executed in accordance with 274
the procedures set forth in Section 4 of this act. The grantee 275
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 277
date.
Section 8. This act is hereby declared to be an emergency 279
measure necessary for the immediate preservation of the public 280
peace, health, and safety. The reason for the necessity is that 281
immediate action is required for the City of Columbus to acquire 282
the two parcels of real estate located beneath the Scioto River 283
as soon as possible to commence construction of the next phase of 284
the West Columbus Local Protection Project, a k a the Franklinton 285
Floodwall. Therefore, this act shall go into immediate effect. 287