As Reported by the Senate Judiciary Committee 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 97 5
1997-1998 6
REPRESENTATIVES SALERNO-MEAD-THOMAS-TIBERI-GARCIA-MYERS-TAVARES- 8
SCHUCK-BEATTY-MASON-AMSTUTZ-JOHNSON-BRITTON- 9
SENATOR B. JOHNSON 10
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
a k a the Franklinton Floodwall, to authorize the 19
conveyance of any additional parcels of real 20
estate necessary for the completion of the 21
project, to authorize the conveyance of two 24
parcels of state-owned real estate located in
Mahoning County to the Mahoning County Mental 25
Health Board, and to declare an emergency. 27
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 29
Section 1. (A) The Governor is hereby authorized to 31
execute a deed in the name of the state conveying to the City of 32
Columbus in Franklin County and its successors and assigns all of 33
the state's right, title, and interest in the following two 34
parcels of real estate located beneath the waters of the Scioto 35
River and necessary for the construction of the West Columbus 36
Local Protection Project, a k a the Franklinton Floodwall: 37
Parcel Number 1, a parcel known as Tract No. 410-1: 39
Situated in the State of Ohio, County of Franklin, City of 41
Columbus, and bounded and described as follows: 42
Being a part of the Scioto River adjacent to Survey No. 44
1393, Virginia Military Survey District, and adjacent to 17.386 46
2
acres conveyed to Paul R. Burge by Deed of Record in Official 48
Record 08840 J08 all References being to the Recorder's Office, 49
Franklin County, Ohio, and being more particularly described as
follows: 50
Beginning at a point on the northerly line of the Thomas A. 52
Nastoff tract described in Official Record 18150 D18, said Thomas 53
A. Nastoff tract being a conveyance out of the said Paul R. Burge 54
property, said point being 239.68 feet right of Souder Avenue 56
Extension center line station 16+20.32 as shown on right-of-way 57
plans FRA - SOUDER AVE. EXTENSION (FORMERLY FRA - 670 - 1.25,
A-3), designated corner 410-1-1, and being the TRUE POINT OF 58
BEGINNING of the tract herein described; 59
thence, with said northerly line of Thomas A. Nastoff and 61
the southerly bank of the Scioto River, North 36°39'42" West, a 63
distance of 125.49 feet (125.486 feet grid) to a point, on the 64
easterly right-of-way line of Souder Avenue Extension, designated 65
corner 400-5;
thence, continuing with the southerly bank of the Scioto 67
River, North 36°39'42" West, a distance of 116.53 feet (116.525 68
feet grid) to a point, designated corner 410-1-2; 69
thence, continuing with the southerly bank of the Scioto 71
River, North 43°22'40" West, a distance of 89.59 feet (89.587 72
feet grid) to a point, designated corner 410-1-3; 73
thence, continuing with the southerly bank of the Scioto 75
River, North 42°52'27" West, a distance of 32.57 feet (32.568 76
feet grid) to a point, on the westerly right-of-way of Souder 77
Avenue Extension, also being on the northeasterly line of the 78
said Paul R. Burge property, designated corner 211-8; 79
thence, continuing with the southerly bank of the Scioto 81
river, and the northerly line of said Paul R. Burge property, 82
North 42°52'27" West, a distance of 277.38 feet (277.367 feet 83
grid), to an iron pin set and stamped 211-7; 84
thence, continuing with the southerly bank of the Scioto 86
river, and the northerly line of said Paul R. Burge property, 87
3
North 50°38'26" West, a distance of 92.80 feet (92.799 feet grid) 88
to a point, designated corner COE 484; 89
thence, leaving the southerly bank of the Scioto River and 91
the northerly line of said Paul R. Burge property, North 92
69°42'47" East, a distance of 53.77 feet (53.766 feet grid) to a 93
point in the Scioto River, designated corner COE 483; 94
thence, South 35°30'11" East, a distance of 198.50 feet 96
(198.486 feet grid) to a point in the Scioto River, designated 97
corner COE 482;
thence, South 46°54'48" East, a distance of 139.96 feet 99
(139.958 feet grid) to a point in the Scioto River, designated 100
corner COE 481;
thence, South 43°25'41" East, a distance of 146.91 feet 102
(146.898 feet grid) to a point in the Scioto River designated 103
corner COE 485;
thence, South 37°33'25" East, a distance of 115.66 feet 105
(115.655 feet grid) to a point in the Scioto River, designated 106
corner COE 486;
thence, South 25°14'22" East, a distance of 118.66 feet 108
(118.656 feet grid) to a point in the Scioto River, designated 109
corner COE 585;
thence, South 53°20'18" West, a distance of 1.66 feet 111
(1.662 feet grid) to the point of beginning, CONTAINING 0.356 112
ACRES.
The preceding description is subject to all legal 114
right-of-ways and easements of record. 115
Bearings, distances and coordinates are based on the Ohio 117
State Plane Coordinate System, NAD 1927, South Zone (Page's Ohio 118
Revised Code, Sec. 157.01 to 157.07 inclusive), Grid factor used 119
to reduce distances for this description is 0.9999514. True 120
North bears 00°21'00" West of Grid North.
A plat of survey of the tract described is on file with the 122
Real Estate Office, City of Columbus, Ohio, and the Survey 123
Section of the U.S. Army Corps of Engineers, Ohio River Division, 124
4
Huntington District, Huntington, West Virginia. 125
This description is based on the actual field survey 127
performed by Dodson-Lindblom Associates, Inc. in June 1991, 128
January-February 1994 January 1995, September 1995 - January 1996 129
and May 1996. Dallas P. Morlan, Registered Surveyor No. 6540. 130
Parcel Number 2, a parcel known as Tract No. 410-2: 132
Situated in the State of Ohio, County of Franklin, City of 134
Columbus, and bounded and described as follows: 135
Being a part of the Scioto River adjacent to Survey No. 137
1393, Virginia Military Survey District, and adjacent to tracts 139
conveyed to Thomas A. Nastoff as described in Official Record 140
18150 D18 and The Board of County Commissioners of Franklin 141
County, Ohio as described in Deed Book 1312 Page 289 and Deed
Book 1680 Page 580, all References being to the Recorder's 142
Office, Franklin County, Ohio, and being more particularly 143
described as follows:
Beginning at a point on the northerly line of the Thomas A. 145
Nastoff tract described in Official Record 18150 D18, and being 146
239.68 feet right of Souder Avenue Extension center line station 147
16+20.32 as shown on right-of-way plans FRA - SOUDER AVE. 148
EXTENSION (FORMERLY FRA - 670 - 1.25, A-3), designated corner 149
410-1-1, and being the TRUE POINT OF BEGINNING of the tract 150
herein described;
thence, leaving the southerly bank of the Scioto River and 152
the northerly line of said Thomas A. Nastoff property, North 153
53°20'18" East, a distance of 1.66 feet (1.662 feet grid) to a 154
point in the Scioto River, designated corner COE 585; 155
thence, South 40°52'51" East, a distance of 157.59 feet 157
(157.580 feet grid) to a point, designated corner COE 586; 158
thence, South 62°59'31" East, a distance of 175.95 feet 160
(175.942 feet grid) to a point, designated corner COE 1291; 161
thence, South 84°06'21" East, a distance of 150.82 feet 163
(150.808 feet grid) to a point, designated corner COE 1341; 164
thence, North 78°48'19" East, a distance of 364.74 feet 166
5
(364.717 feet grid) to a point, designated corner COE 1340; 167
thence, North 84°07'14" East, a distance of 410.37 feet 169
(410.351 feet grid) to a point, designated corner COE 1327; 170
thence, North 75°38'34" East, a distance of 219.68 feet 172
(219.665 feet grid) to a point at the southerly edge of water of 173
the Scioto River and on the northerly line of the Board of County 174
Commissioners, Franklin County, Ohio property, described in Deed 175
Book 1680 Page 580, designated corner 410-2-1;
thence, with the southerly edge of water of the Scioto 177
River and the northerly line of said Board of County 178
Commissioners property, South 68°53'49" West, a distance of 43.70 179
feet (43.693 feet grid) to a point, designated corner 402-1-2; 180
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 71°46'40" West, a distance of 184
349.03 feet (349.018 feet grid) to a point, designated corner 185
402-1-1;
thence, continuing with the southerly edge of water of the 187
Scioto River and the northerly line of said Board of County 188
Commissioners property, South 76°29'24" West, a distance of 189
173.20 feet (173.194 feet grid) to a point, designated corner 190
406-2-3, also being on the northeasterly corner of the State of 191
Ohio property, Parcel 239WR, conveyed by Deed Book 3535 Page 678;
thence, with the southerly edge of water of the Scioto 193
River and the northerly line of said State of Ohio Parcel 239WR, 194
South 81°19'17" West, a distance of 48.69 feet (48.692 feet grid) 195
to a point, designated corner 406-2-2, also being the 196
northwesterly corner of said State of Ohio Parcel 239WR;
thence, with the southerly edge of water of the Scioto 198
River and crossing the current and proposed alignment of State 199
Route 315, South 68°07'41" West, a distance of 112.26 feet 200
(112.253 feet grid) to a point, designated corner 410-2-2; 201
thence, with the southerly edge of water of the Scioto 203
River, South 78°23'19" West, a distance of 263.41 feet (263.392 204
6
feet grid) to a point, designated corner 410-2-3; 205
thence, with the southerly edge of water of the Scioto 207
River, North 73°31'37" West, a distance of 155.95 feet (155.943 208
feet grid) to a point, designated corner 410-2-4; 209
thence, with the southerly edge of water of the Scioto 211
River, North 53°31'47" West, a distance of 132.23 feet (132.224 212
feet grid) to a point, being the eastern most corner of the 213
Thomas A. Nastoff property described in Official Record 18150 214
D18, designated corner 400-7
thence, with the northerly line of said Thomas A. Nastoff 216
property, North 52°02'27" West, a distance of 124.14 feet 217
(124.130 feet grid) to a point, designated corner 400-6; 218
thence, continuing with the northerly line of said Thomas 220
A. Nastoff property, North 36°39'42" West, a distance of 142.83 221
feet (142.820 feet grid) to the point of beginning, CONTAINING 222
1.829 ACRES.
The preceding description is subject to all legal 224
right-of-ways and easements of record. 225
Bearings, distances and coordinates are based on the Ohio 227
State Plane Coordinate System, NAD 1927, South Zone (Page's Ohio 228
Revised Code, Sec. 157.01 to 157.07 inclusive), Grid factor used 229
to reduce distances for this description is 0.9999514. True 230
North bears 00°21'00" West of Grid North.
A plat of survey of the tract described is on file with the 232
Real Estate Office, City of Columbus, Ohio, and the Survey 233
Section of the U.S. Army Corps of Engineers, Ohio River Division, 234
Huntington District, Huntington, West Virginia. 235
This description is based on an actual field survey 237
performed by Dodson-Lindblom Associates, Inc. in June 1991, 238
January-February 1994 January 1995, September 1995 - January 1996 239
and May 1996. Dallas P. Morlan, Registered Surveyor No. 6540. 240
(B) The conveyance of Parcel Number 2, a parcel known as 242
Tract No. 410-2 and described in division (A) of Section 1 of 243
this act, is subject to the condition of an easement the State of 245
7
Ohio hereby reserves for the purpose of entry onto Parcel Number 246
2 as necessary for the construction, operation, and maintenance
of State Route 315. The state's exercise of its right to entry 248
onto Parcel Number 2 shall not interfere with the construction, 250
operation, and maintenance of the West Columbus Local Protection 251
Project, a k a the Franklinton Floodwall.
(C) Consideration for conveyance of the real estate 253
described in division (A) of Section 1 of this act is the mutual 254
benefit accruing to the state and the City of Columbus by the 255
construction of the West Columbus Local Protection Project, a k a 256
the Franklinton Floodwall. 257
(D) Within one year after the effective date of this act, 260
the Auditor of State, with the assistance of the Attorney
General, shall prepare a deed to the real estate described in 261
division (A) of Section 1 of this act. The deed shall state the 263
consideration and the condition of the easement described in
division (B) of Section 1 of this act. The deed shall be 265
executed by the Governor in the name of the state, countersigned 266
by the Secretary of State, sealed with the Great Seal of the 267
State, presented in the Office of the Auditor of State for 268
recording, and delivered to the City of Columbus. The City of 269
Columbus shall present the deed for recording in the Office of 270
the Franklin County Recorder. 271
(E) The City of Columbus shall pay the costs of the 273
conveyance.
Section 2. The Governor is hereby authorized to execute 275
additional deeds in the name of the state conveying to the City 276
of Columbus and its successors and assigns all of the state's 277
right, title, and interest in any additional parcels of real 278
estate that would change or broaden the parcels described in
Section 1 of this act and that are necessary to complete 279
construction of the West Columbus Local Protection Project, a k a 280
the Franklinton Floodwall. As consideration for the conveyance 281
of additional parcels pursuant to this section, the Governor may 282
8
require the reconveyance of any or all of the real estate 283
conveyed pursuant to Section 1 of this act that the City does not 284
require to complete the project. Any conveyance made pursuant to 285
this section shall be prepared and executed in accordance with 286
the procedures set forth in division (D) of Section 1 of this
act. The City of Columbus shall pay the costs of any conveyance 288
made pursuant to this section. 289
Section 3. (A) The Governor is hereby authorized to 291
execute a deed in the name of the state conveying to the Mahoning 293
County Mental Health Board and its successors and assigns all of 294
the state's right, title, and interest in the following described 295
real estate:
Parcel 1: 297
Situated in the City of Youngstown, County of Mahoning, 299
State of Ohio, being part of original City Out-Lot No. 1198, 300
further bounded and described as follows: 301
Beginning at a 5/8" rebar found at the intersection of the 304
north line of Indianola Avenue (50' R/W) with the east line of 306
Homestead Street (50' R/W), said rebar being the True Place of
Beginning for the parcel being described herein; 308
Thence, N 03°02'15" E, along the east line of Homestead 310
Street, 527.00 feet to a 5/8" capped rebar set at the 312
intersection of the east line of Homestead Street with the south 313
line of Wilbur Avenue (40' R/W);
Thence, S 87°46'54" E, leaving the east line of Homestead 315
Street, along the south line of Wilbur Avenue, 200.13 feet to a 317
5/8" capped rebar set;
Thence, S 03°02'15" W, leaving the south line of Wilbur 319
Avenue, parallel with the east line of Homestead Street, 498.27 320
feet to a 5/8" capped rebar set on the north line of Indianola 321
Avenue;
Thence, S 84°04'00" W, along the north line of Indianola 323
Avenue, 202.59 feet to the True Place of Beginning and containing 324
2.3550 acres of land, but subject to all legal highways, 325
9
easements, and restrictions, if any, as surveyed by Deron J. 327
Millman, P.S., Number 7717 for Environmental Design Group, Inc.
in May of 1996. 328
The basis of bearing for the above described parcel is the 330
north line of Indianola Avenue (S 84°04'00" W) per Deed Volume 331
672, Page 26 of Mahoning County Records of Deeds. 332
Parcel 2: 334
Situated in the City of Youngstown, County of Mahoning, 337
State of Ohio, being part of original City Out-Lot No. 1198, 338
further bounded and described as follows: 339
Beginning at a 5/8" rebar found at the intersection of the 341
north line of Indianola Avenue (50' R/W) with the east line of 342
Homestead Street (50' R/W);
Thence, N 84°04'00" E, along the north line of Indianola 344
Avenue, 652.86 feet to a 1/2" rebar found and the True Place of 345
Beginning for the parcel being described herein; 346
Thence, N 03°02'15" E, leaving the north line of Indianola 348
Avenue, parallel with the east line of Homestead Street, passing 349
through a 5/8" capped rebar set at 434.42 feet, a total distance 350
of 556.23 feet to a 5/8" capped rebar set on the south line of 351
City Lot No. 58422 as shown by the Compton Lane Plat recorded in 352
Volume 37, Pages 23-24 of Mahoning County Records of Maps;
Thence, S 88°25'38" E, along the south line of said plat, 354
passing thru a 1" iron pipe found at 32.34 feet, a 5/8" rebar at 355
84.45 feet, a total distance of 190.30 feet to a 5/8" capped 356
rebar set on the west line of Zedaker Street (50' R/W); 357
Thence, S 02°02'06" W, leaving the south line of said Plat, 359
continuing along the west line of Zedaker Street, 529.68 feet to 360
a drill hole set at the intersection of the west line of Zedaker 361
Street with the north line of Indianola Avenue; 362
Thence, S 84°04'00" W, along the north line of Indianola 364
Avenue, 201.98 feet to the True Place of Beginning and containing 365
2.4307 acres of land but subject to all legal highways, easements 366
and restrictions, if any, as surveyed by Deron J. Millman, P.S., 367
10
Number 7717 for Environmental Design Group, Inc. in May 1996. 368
The basis of bearing for the above described parcel is the 370
north line of Indianola Avenue (S 84°04'00" W) per Deed Volume 371
672, Page 26 of Mahoning County Records of Deeds. 372
(B) Consideration for conveyance of the real estate 374
described in division (A) of Section 3 of this act is the mutual 375
benefit accruing to the state and the Mahoning County Mental 377
Health Board by enabling the Mahoning County Mental Health Board 378
to expand its services and develop a Community Care Center.
(C) The Mahoning County Mental Health Board shall use the 380
real estate described in division (A) of Section 3 of this act 381
for mental health purposes. If the Mahoning County Mental Health 382
Board ceases to use that real estate for mental health purposes, 383
the state may reenter upon its former estate.
(D) The Mahoning County Mental Health Board shall pay the 385
costs of the conveyance of the real estate described in division 386
(A) of Section 3 of this act. 387
(E) Within one year after the effective date of this act, 389
the Auditor of State, with the assistance of the Attorney 390
General, shall prepare a deed to the real estate described in 391
division (A) of Section 3 of this act. The deed shall state the 392
consideration and the right of reentry set forth in division (C) 393
of Section 3 of this act. The deed shall be executed by the 395
Governor in the name of the state, countersigned by the Secretary 396
of State, sealed with the Great Seal of the State, presented in
the office of the Auditor of State for recording, and delivered 397
to the Mahoning County Mental Health Board. The Mahoning County 398
Mental Health Board shall present the deed for recording in the 399
office of the Mahoning County Recorder.
Section 4. This act expires one year after its effective 401
date.
Section 5. This act is hereby declared to be an emergency 403
measure necessary for the immediate preservation of the public 404
peace, health, and safety. The reason for the necessity is that 405
11
immediate action is required for the City of Columbus to acquire 406
the two parcels of real estate located beneath the Scioto River 407
as soon as possible to commence construction of the next phase of 408
the West Columbus Local Protection Project, a k a the Franklinton 409
Floodwall. Therefore, this act shall go into immediate effect. 411