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As Introduced
122nd General Assembly
Regular Session
1997-1998 | H. B. No. 552 |
REPRESENTATIVE THOMAS
A BILL
To authorize the sale of state-owned real estate controlled by
the Ohio Schools for the Deaf and Blind and located in Franklin
County to the City of Columbus (Division of Water), to authorize
the conveyance of three easements over
state-owned real estate
controlled by the Ohio Schools for the Deaf and Blind and
located in Franklin County to the City of Columbus (Division of
Water), to authorize the conveyance of a
conservation easement over
state-owned real estate controlled by the
Ohio Schools for the Deaf and Blind
and located in Franklin County to the
Franklin County Soil and Water
Conservation District, and to declare an
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. The Governor is hereby authorized to execute a deed
in the name of the state conveying to the City of Columbus and
its successors and assigns all of the state's right, title, and
interest in the following described real estate:
Being a 1.3774 acre tract of land and being part of a 236.26 acre tract more
or less conveyed to the State of Ohio in Deed Volume 1238, Pages 468-470, of
the Franklin County Recorder's Office; said 1.3774 acre tract also being out
of a 99.10 acre tract denoted as parcel 110291 on Tax Map 0-99-G of the
Franklin County Auditor's Office, said 1.3774 acre tract being situated in
Section 3, Township 2, Range 18, United States Military Lands, Township of
Sharon, City of Columbus, County of Franklin, State of Ohio and said 1.3774
acre tract being more particularly described as follows:
Commencing for reference at the southeast corner of Glen Burn Subdivision as
the same is delineated in Plat Book 17, Page 170 and 171, said southeast
corner also being on the north right-of-way line of Morse Road, 35.00 feet
north of the centerline of Morse Road, Thence with the east line of said Glen
Burn Subdivision and the west line of a 94.4713 acre tract denoted as parcel
110285 on Tax Map 0-99-G North 4° 04' 55" East (Plat N 4° 06' E,
690.25 feet) a distance of 690.27 feet to a brass screw in a concrete monument
found;
Thence North 85° 32' 35" West (Plat N 85° 30' W, 60.00 feet) a
distance of 59.96 feet to a brass screw in a concrete monument found;
Thence North 4° 04' 35" East (Plat N 4° 06' E, 477.36 feet) a
distance of 477.48 feet to an iron pipe found at the northeast corner of said
Glen Burn Subdivision;
Thence continuing North 4° 04' 35" East a distance of 365.04 feet to a
point;
Thence North 85° 55' 25" West a distance of 70.00 feet to an iron pin set
at the southeast corner of the herein-described 1.3774 acre tract and the true
place of beginning for this description.
Thence continuing North 85° 55' 25" West a distance of 300.00 feet to an
iron pin set;
Thence North 4° 04' 35" East a distance of 200.00 feet to an iron pin
set;
Thence South 85° 55' 25" East a distance of 300.00 feet to an iron pin
set;
Thence South 4° 04' 35" West a distance of 200.00 feet to an iron pin and
the true place of beginning for this description.
The above described tract contains 1.3774 acres of land more or less and is
subject to all easements and rights-of-way of previous record.
Basis of bearings is the north right-of-way line of Morse Road, North 85°
30' West as delineated upon said plat of Glen Burn Subdivision.
The foregoing description was prepared by the City of Columbus, Division of
Water, James B. Uhlenhake, Registered Surveyor No. 5622, from an actual survey
made in March, 1994.
Section 2. The Governor is hereby authorized to execute a deed
of easement in the name of the state conveying to the City of
Columbus and its successors and assigns a permanent ingress and
egress easement described as follows:
Being a 40.00 feet wide permanent ingress and egress easement and a 1.6277
acre tract of land and being part of a 236.26 acre tract more or less conveyed
to the State of Ohio in Deed Volume 1238, Pages 468-470 of the Franklin County
Recorder's 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 acre tract
denoted as parcel 110291 on Tax Map 0-99-G of the Franklin County Auditor's
Office, said 1.6277 acre tract being situated in Section 3, Township 2, Range
18, United States Military Lands, Township of Sharon, City of Columbus, County
of Franklin, State of Ohio and said 1.6277 acre tract being more particularly
described as follows:
Commencing for reference at the southeast corner of Glen Burn Subdivision as
same is delineated in Plat Book 17, Page 170 and 171, said southeast corner
also being on the north right-of-way line of Morse Road, 35.00 feet north of
the 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, Thence South
4° 04' 55" West a distance of 5.00 feet to a point on the north
right-of-way line of Morse Road, 30.00 feet north of the centerline of Morse
Road, said point being the southwest corner of said
94.4713 acre tract;
Thence with the north right-of-way line of Morse Road, 30.00 feet north of the
centerline of Morse Road South 85° 30' East a distance of 357.57 feet to
the southwest corner of the herein-described 1.6277 acre ingress and egress
easement and the true place of beginning for this description.
Thence along the westerly side of said 1.6277 acre ingress and egress easement
with the following 24 courses:
1. North 4° 30' East, 57.50'
2. North 6° 00' West, 46.79'
3. North 13° 50' West, 46.73'
4. North 24° 40' West, 46.56'
5. North 33° 30' West, 48.14'
6. North 35° 20' West, 51.64'
7. North 24° 10' West, 54.33'
8. North 10° 37' West, 54.77'
9. North 3° 03' East, 54.23'
10. North 13° 33' East, 52.00'
11. North 14° 28' East, 99.17'
12. North 8° 49' East, 98.14'
13. North 3° 49' East, 98.43'
14. North 0° 11' West, 98.05'
15. North 7° 21' West, 97.48'
16. North 14° 36' West, 97.42'
17. North 22° 06' West, 97.38'
18. North 29° 36' West, 97.41'
19. North 36° 56' West, 98.64'
20. North 37° 24' West, 81.59'
21. North 27° 51' West, 54.19'
22. North 13° 31' West, 53.99'
23. North 5° 05' West, 52.34'
24. North 0° 09' West, 52.08'
25. Thence North 81° 52' 53" West a distance of 43.85 feet to a point on
the east line of a 1.3774 acre tract;
26. Thence with the east line of said 1.3774 acre tract North 4° 04' 35"
East a distance of 40.10 feet;
27. Thence South 81° 52' 53" East a distance of 85.76 feet to a point on
the easterly side of said 1.6277 acre ingress and egress easement;
Thence with the easterly side of said easement the following 25 courses:
28. South 6° 50' West, 36.67'
29. South 0° 09' East, 47.92'
30. South 5° 05' East, 47.66'
31. South 13° 31' East, 46.01'
32. South 27° 51' East, 45.81'
33. South 37° 24' East, 78.41'
34. South 36° 56' East, 101.36'
35. South 29° 36' East, 102.59'
36. South 22° 06' East, 102.62'
37. South 14° 36' East, 102.58'
38. South 7° 21' East, 102.52'
39. South 0° 11' East, 101.95'
40. South 3° 49' West, 101.57'
41. South 8° 49' West, 101.86'
42. South 14° 28' West, 100.83'
43. South 13° 33' West, 48.00'
44. South 3° 03' West, 45.77'
45. South 10° 37' East, 45.23'
46. South 24° 10' East, 45.67'
47. South 35° 20' East, 48.36'
48. South 33° 30' East, 51.86'
49. South 24° 10' East, 53.44'
50. South 13° 50' East, 53.27'
51. South 6° 00' East, 53.21'
52. South 4° 30' West a distance of 61.18 feet to a point on the north
right-of-way of Morse Road;
53. Thence with the north right-of-way of Morse Road North 85° 30' West
a distance of 40.00 feet to the place of beginning for this description.
The above described tract contains 1.6277 acres of land more or less, with
1.5076 acres being out of said 94.4713 acre tract and 0.1201 acres being out
of said 99.10 acre tract and is subject to all easements and rights-of-way of
previous record.
Said 1.6277 acre ingress and egress easement encompasses an existing asphalt
drive and is parallel and 20' distant both left and right of the centerline of
said drive.
Basis of bearings is the north right-of-way line of Morse Road, North 85°
30' West as delineated upon said plat of Glen Burn Subdivision.
The foregoing description was prepared by the City of Columbus, Division of
Water, James B. Uhlenhake, Registered Surveyor No. 5622, from an actual survey
made in March, 1994.
Section 3. The Governor is hereby authorized to execute a deed
of easement in the name of the state conveying to the City of
Columbus and its successors and assigns a permanent water line
easement described as follows:
Being a 30.00 feet wide permanent water line easement and a 1.0951 acre tract
of land and being part of a 236.26 acre tract more or less conveyed to the
State of Ohio in Deed Volume 1238, Pages 468-470 of the Franklin County
Recorder's Office, said 1.0951 acre tract also being out of a 94.4713 acre
tract denoted 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
Auditor's Office, said 1.0951 acre tract being situated in Section 3, Township
2, Range 18, United States Military Lands, Township of Sharon, City of
Columbus, County of Franklin, State of Ohio and said 1.0951 acre tract being
more particularly described as follows:
Commencing for reference at the southeast corner of Glen Burn Subdivision as
the same is delineated in Plat Book 17, Page 170 and 171, said southeast
corner also being on the north right-of-way line of Morse Road, 35.00 feet
north of the 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, Thence South
4° 04' 55" West a distance of 5.00 feet to a point on the north
right-of-way line of Morse Road, 30.00 feet north of the centerline of Morse
Road, said point being the southwest corner of said 94.4713 acre tract;
Thence with the north right-of-way line of Morse Road, 30.00 feet north of the
centerline of Morse Road South 85° 30' East a distance of 30.00 feet to
an iron pin set at the southwest corner of the herein-described 1.0951 acre
permanent water line easement and the true place of beginning for this
description.
Thence parallel with the east line of said Glen Burn Subdivision North 4°
04' 55" East (Plat N 4° 06' E) a distance of 694.45 feet to an iron pin
set;
Thence North 3° 04' 30" West a distance of 627.27 feet to an iron pin
set;
Thence North 48° 04' 30" West a distance of 118.37 feet to an iron pin
set;
Thence North 3° 04' 30" West a distance of 150.10 feet to an iron pin set
on the south line of a 1.3774 acre tract;
Thence South 85° 55' 25" East a distance of 30.23 feet to an iron pin set
at the southeast corner of said 1.3774 acre tract;
Thence South 3° 04' 30" East a distance of 133.91 feet to an iron pin;
Thence South 48° 04' 30" East a distance of 118.37 feet to an iron pin
set;
Thence South 3° 04' 30" East a distance of 641.57 feet to an iron pin
set;
Thence South 4° 04' 55" West a distance of 696.54 feet to an iron pin set
on the north right-of-way line of Morse Road;
Thence with said right-of-way line North 85° 30' West a distance of 30.00
feet to an iron pin and the true place of beginning for this description.
The above described tract contains 1.0951 acres of land more or less, with
0.9388 acres being out of said 94.4713 acre tract and 0.1563 acres being out
of said 99.10 acre tract and is subject to all easements and rights-of-way of
previous record.
Basis of bearings is the north right-of-way line of Morse Road, North 85°
30' West as delineated upon said plat of Glen Burn Subdivision.
The foregoing description was prepared by the City of Columbus, Division of
Water, James B. Uhlenhake, Registered Surveyor No. 5622, from an actual survey
made in March, 1994.
Section 4. The Governor is hereby authorized to execute a deed
of easement in the name of the state conveying to the City of
Columbus and its successors and assigns a temporary construction
easement described as follows:
Being a 0.6887 acre tract of land and being part of a 236.26 acre tract more
or less conveyed to the State of Ohio in Deed Volume 1238, Pages 468-470, of
the Franklin County Recorder's Office; said 0.6887 acre tract also being out
of a 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 being situated in
Section 3, Township 2, Range 18, United States Military Lands, Township of
Sharon, City of Columbus, County of Franklin, State of Ohio and said 0.6887
acre tract being more particularly described as follows:
Commencing for reference at the southeast corner of Glen Burn Subdivision as
the same is delineated in Plat Book 17, Page 170 and 171, said southeast
corner also being on the north right-of-way line of Morse Road, 35.00 feet
north of the centerline of Morse Road; Thence with the east line of said Glen
Burn Subdivision and the west line of a 94.4713 acre tract denoted as parcel
110285 on Tax Map 0-99-G North 4° 04' 55" East (Plat N 4° 06' E,
690.25 feet) a distance of 690.27 feet to a brass screw in a concrete monument
found;
Thence North 85° 32' 35" West (Plat N 85° 30' W, 60.00 feet) a
distance of 59.96 feet to a brass screw in a concrete monument found;
Thence North 4° 04' 35" East (Plat N 4° 06' E, 477.36 feet) a
distance of 477.48 feet to an iron pipe found at the northeast corner of said
Glen Burn Subdivision;
Thence continuing North 4° 04' 35" East a distance of 365.04 feet to a
point;
Thence North 85° 55' 25" West a distance of 70.00 feet to an iron pin set
at the northeast corner of the herein-described 0.6887 acre tract and the true
place of beginning for this description.
Thence South 4° 04' 35" West a distance of 100.00 feet to a point;
Thence North 85° 55' 25" West a distance of 300.00 feet to a point;
Thence North 4° 04' 35" East a distance of 100.00 feet to an iron pin
set;
Thence with the south line of a 1.3774 acre tract South 85° 55' 25" East
a distance of 300.00 feet to an iron pin and the true place of beginning for
this description.
The above-described tract contains 0.6887 acres of land more or less and is
subject to all easements and rights-of-way of previous record.
Basis of bearings is the north right-of-way line of Morse Road, North 85°
30' West as delineated upon said plat of Glen Burn Subdivision.
The foregoing description was prepared by the City of Columbus, Division of
Water, James B. Uhlenhake, Registered Surveyor No. 5622, from an actual survey
made in March, 1994.
Section 5. The Governor is hereby authorized to execute a deed of easement in
the name of the state conveying to the Franklin County Soil and Water
Conservation District and its successors and assigns a conservation easement
over state-owned real estate, commonly known as "the ravine," on the property
controlled by the Ohio Schools for the Deaf and Blind, located in Franklin
County in the City of Columbus. The Ohio Schools for the Deaf and Blind shall
have a survey prepared of the property to be subject to the conservation
easement, and shall ensure that the real estate subject to the conservation
easement shall not be the same real estate that is subject to the easements
conveyed by Sections 2, 3, and 4 of this act. The Director of Administrative
Services shall review the legal description and verify its accuracy. When the
Director is satisfied as to the description's accuracy, the description shall
be delivered to the Auditor of State for the preparation of the deed.
Section 6. Consideration for the conveyance of the real estate
described in Section 1 of this act and for the conveyance of the easements
described in Sections 2, 3, and 4 of this act is $117,600.00.
The consideration for the conveyance of the easement described in Section 5 of
this act is the mutual benefit accruing to the state and the Franklin County
Soil and Water Conservation District by having the ravine area maintained as a
conservation area. The net
proceeds of the consideration for the conveyances shall be deposited into the
General Revenue Fund of the state for the benefit of the Ohio Schools for the
Deaf and Blind.
Section 7. The costs of the conveyances described in Sections 1, 2, 3, and 4
of this act shall be paid by the City of Columbus. The costs of the
conveyance described in Section 5 of this act, including the cost of the
survey and preparation of the legal description, shall be paid by the Ohio
Schools for the Deaf and Blind.
Section 8. Upon payment of the consideration by the City of
Columbus, the Auditor of State, with the assistance of the
Attorney General, shall prepare a deed to the real estate described in Section
1 of this act and deeds to the easements described in Sections 2, 3, and 4 of
this act. Upon presentation of the legal description described in Section 5
of this act, the Auditor of State, with the assistance of the Attorney
General, shall prepare a deed to the conservation easement described in
Section 5 of this act. The deeds shall state the
consideration and shall be executed by the Governor in the name
of the state, countersigned by the Secretary of State, sealed
with the great seal of the state, presented in the Office of the
Auditor of State for recording, and delivered to the City of
Columbus. The City of Columbus shall present the deeds for
recording in the Office of the Franklin County Recorder.
Section 9. This act shall expire one year after its effective
date.
Section 10. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for the emergency is that
the conveyance of the real estate and the easements under this act at the
earliest possible time is crucial for the City of Columbus to begin
construction of water tanks and to avoid the substantial costs that would be
incurred by delaying this project. Therefore, this act shall go into
immediate effect.
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