The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
As Reported by the Senate Judiciary Committee
122nd General Assembly
Regular Session
1997-1998 | Sub. H. B. No. 97 |
REPRESENTATIVES SALERNO-MEAD-THOMAS-TIBERI-GARCIA-MYERS-TAVARES-
SCHUCK-BEATTY-MASON-AMSTUTZ-JOHNSON-BRITTON-
SENATOR B. JOHNSON
A BILL
To authorize the conveyance of two parcels of state-owned real
estate located in Franklin County to the City of Columbus for
construction of the West Columbus Local Protection
Project, a k a
the
Franklinton Floodwall, to authorize the conveyance of any
additional parcels of real estate necessary for the
completion of the
project,
to authorize the conveyance
of two parcels of state-owned real estate located in Mahoning County to the
Mahoning County Mental Health Board,
and to declare an
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. (A) The Governor is hereby authorized to execute a deed
in the name of the state conveying to the City of Columbus in
Franklin County and its successors and assigns all of the
state's right, title, and interest in the following two parcels
of real estate located beneath the waters of the Scioto River
and necessary for the construction of the West Columbus Local Protection
Project, a k a the Franklinton Floodwall:
Parcel Number 1, a parcel known as Tract No. 410-1:
Situated in the State of Ohio, County of Franklin, City of Columbus, and
bounded and described as follows:
Being a part of the Scioto River adjacent to Survey No. 1393, Virginia
Military
Survey District, and adjacent to 17.386 acres conveyed to Paul R. Burge by
Deed
of Record in Official Record 08840 J08 all References being to the Recorder's
Office, Franklin County, Ohio, and being more particularly described as
follows:
Beginning at a point on the northerly line of the Thomas A. Nastoff tract
described in Official Record 18150 D18, said Thomas A. Nastoff tract being a
conveyance out of the said Paul R. Burge property, said point being 239.68
feet
right of Souder Avenue Extension center line station 16+20.32 as shown on
right-of-way plans FRA - SOUDER AVE. EXTENSION (FORMERLY FRA - 670 - 1.25,
A-3), designated corner 410-1-1, and being the TRUE POINT OF BEGINNING of the
tract herein described;
thence, with said northerly line of Thomas A. Nastoff and the southerly bank
of
the Scioto River, North 36°39'42" West, a distance of 125.49 feet (125.486
feet grid) to a point, on the easterly right-of-way line of Souder Avenue
Extension, designated corner 400-5;
thence, continuing with the southerly bank of the Scioto River, North
36°39'42" West, a distance of 116.53 feet (116.525 feet grid) to a point,
designated corner 410-1-2;
thence, continuing with the southerly bank of the Scioto River, North
43°22'40" West, a distance of 89.59 feet (89.587 feet grid) to a point,
designated corner 410-1-3;
thence, continuing with the southerly bank of the Scioto River, North
42°52'27" West, a distance of 32.57 feet (32.568 feet grid) to a point,
on the westerly right-of-way of Souder Avenue Extension, also being on the
northeasterly line of the said Paul R. Burge property, designated corner
211-8;
thence, continuing with the southerly bank of the Scioto river, and the
northerly line of said Paul R. Burge property, North 42°52'27" West, a
distance of 277.38 feet (277.367 feet grid), to an iron pin set and stamped
211-7;
thence, continuing with the southerly bank of the Scioto river, and the
northerly line of said Paul R. Burge property, North 50°38'26" West, a
distance of 92.80 feet (92.799 feet grid) to a point, designated corner COE
484;
thence, leaving the southerly bank of the Scioto River and the northerly line
of said Paul R. Burge property, North 69°42'47" East, a distance of
53.77 feet (53.766 feet grid) to a point in the Scioto River, designated
corner COE 483;
thence, South 35°30'11" East, a distance of 198.50 feet (198.486 feet
grid) to a point in the Scioto River, designated corner COE 482;
thence, South 46°54'48" East, a distance of 139.96 feet (139.958 feet
grid) to a point in the Scioto River, designated corner COE 481;
thence, South 43°25'41" East, a distance of 146.91 feet (146.898 feet
grid) to a point in the Scioto River designated corner COE 485;
thence, South 37°33'25" East, a distance of 115.66 feet (115.655 feet
grid) to a point in the Scioto River, designated corner COE 486;
thence, South 25°14'22" East, a distance of 118.66 feet (118.656 feet
grid) to a point in the Scioto River, designated corner COE 585;
thence, South 53°20'18" West, a distance of 1.66 feet (1.662 feet grid)
to the point of beginning, CONTAINING 0.356 ACRES.
The preceding description is subject to all legal right-of-ways and easements
of record.
Bearings, distances and coordinates are based on the Ohio State Plane
Coordinate System, NAD 1927, South Zone (Page's Ohio Revised Code, Sec. 157.01
to 157.07 inclusive), Grid factor used to reduce distances for this
description is 0.9999514. True North bears 00°21'00" West of Grid North.
A plat of survey of the tract described is on file with the Real Estate
Office, City of Columbus, Ohio, and the Survey Section of the U.S. Army Corps
of Engineers, Ohio River Division, Huntington District, Huntington, West
Virginia.
This description is based on the actual field survey performed by
Dodson-Lindblom Associates, Inc. in June 1991, January-February 1994 January
1995, September 1995 - January 1996 and May 1996.
Dallas P. Morlan, Registered Surveyor No. 6540.
Parcel Number 2, a parcel known as Tract No. 410-2:
Situated in the State of Ohio, County of Franklin, City of Columbus, and
bounded and described as follows:
Being a part of the Scioto River adjacent to Survey No. 1393, Virginia
Military
Survey District, and adjacent to tracts conveyed to Thomas A. Nastoff as
described in Official Record 18150 D18 and The Board of County Commissioners
of Franklin County, Ohio as described in Deed Book 1312 Page 289 and Deed Book
1680 Page 580, all References being to the Recorder's Office, Franklin County,
Ohio, and being more particularly described as follows:
Beginning at a point on the northerly line of the Thomas A. Nastoff tract
described in Official Record 18150 D18, and being 239.68 feet right of Souder
Avenue Extension center line station 16+20.32 as shown on right-of-way plans
FRA - SOUDER AVE. EXTENSION (FORMERLY FRA - 670 - 1.25, A-3), designated
corner
410-1-1, and being the TRUE POINT OF BEGINNING of the tract herein described;
thence, leaving the southerly bank of the Scioto River and the northerly line
of said Thomas A. Nastoff property, North 53°20'18" East, a distance of
1.66 feet (1.662 feet grid) to a point in the Scioto River, designated corner
COE 585;
thence, South 40°52'51" East, a distance of 157.59 feet (157.580
feet grid) to a point, designated corner COE 586;
thence, South 62°59'31" East, a distance of 175.95 feet (175.942 feet
grid) to a point, designated corner COE 1291;
thence, South 84°06'21" East, a distance of 150.82 feet (150.808 feet
grid) to a point, designated corner COE 1341;
thence, North 78°48'19" East, a distance of 364.74 feet (364.717 feet
grid) to a point, designated corner COE 1340;
thence, North 84°07'14" East, a distance of 410.37 feet (410.351 feet
grid) to a point, designated corner COE 1327;
thence, North 75°38'34" East, a distance of 219.68 feet (219.665 feet
grid) to a point at the southerly edge of water of the Scioto River and on the
northerly line of the Board of County Commissioners, Franklin County, Ohio
property, described in Deed Book 1680 Page 580, designated corner 410-2-1;
thence, with the southerly edge of water of the Scioto River and the northerly
line of said Board of County Commissioners property, South 68°53'49"
West, a distance of 43.70 feet (43.693 feet grid) to a point, designated
corner 402-1-2;
thence, continuing with the southerly edge of water of the Scioto River and
the northerly line of said Board of County Commissioners property, South
71°46'40" West, a distance of 349.03 feet (349.018 feet grid) to a point,
designated corner 402-1-1;
thence, continuing with the southerly edge of water of the Scioto River and
the northerly line of said Board of County Commissioners property, South
76°29'24" West, a distance of 173.20 feet (173.194 feet grid) to a point,
designated corner 406-2-3, also being on the northeasterly corner of the State
of Ohio property, Parcel 239WR, conveyed by Deed Book 3535 Page 678;
thence, with the southerly edge of water of the Scioto River and the northerly
line of said State of Ohio Parcel 239WR, South 81°19'17" West, a distance
of 48.69 feet (48.692 feet grid) to a point, designated corner 406-2-2, also
being the northwesterly corner of said State of Ohio Parcel 239WR;
thence, with the southerly edge of water of the Scioto River and crossing the
current and proposed alignment of State Route 315, South 68°07'41" West,
a distance of 112.26 feet (112.253 feet grid) to a point, designated corner
410-2-2;
thence, with the southerly edge of water of the Scioto River, South
78°23'19" West, a distance of 263.41 feet (263.392 feet grid) to a point,
designated corner 410-2-3;
thence, with the southerly edge of water of the Scioto River, North
73°31'37" West, a distance of 155.95 feet (155.943 feet grid) to a point,
designated corner 410-2-4;
thence, with the southerly edge of water of the Scioto River, North
53°31'47" West, a distance of 132.23 feet (132.224 feet grid) to a point,
being the eastern most corner of the Thomas A. Nastoff property described in
Official Record 18150 D18, designated corner 400-7
thence, with the northerly line of said Thomas A. Nastoff property, North
52°02'27" West, a distance of 124.14 feet (124.130 feet grid) to a point,
designated corner 400-6;
thence, continuing with the northerly line of said Thomas A. Nastoff property,
North 36°39'42" West, a distance of 142.83 feet (142.820 feet grid) to
the point of beginning, CONTAINING 1.829 ACRES.
The preceding description is subject to all legal right-of-ways and easements
of record.
Bearings, distances and coordinates are based on the Ohio State Plane
Coordinate System, NAD 1927, South Zone (Page's Ohio Revised Code, Sec. 157.01
to 157.07 inclusive), Grid factor used to reduce distances for this
description is 0.9999514. True North bears 00°21'00" West of Grid North.
A plat of survey of the tract described is on file with the Real Estate
Office, City of Columbus, Ohio, and the Survey Section of the U.S. Army Corps
of Engineers, Ohio River Division, Huntington District, Huntington, West
Virginia.
This description is based on an actual field survey performed by
Dodson-Lindblom Associates, Inc. in June 1991, January-February 1994 January
1995, September 1995 - January 1996 and May 1996.
Dallas P. Morlan, Registered Surveyor No. 6540.
(B) The conveyance of Parcel Number 2, a parcel known as Tract No.
410-2 and described in division (A) of Section 1 of this act, is subject to
the condition of
an easement the State of Ohio hereby reserves for the purpose of entry onto
Parcel Number 2 as necessary for the construction, operation, and maintenance
of
State Route 315. The state's exercise of its right to entry onto Parcel
Number 2
shall not interfere with the construction, operation, and maintenance of the
West Columbus Local Protection Project, a k a the Franklinton Floodwall.
(C) Consideration for conveyance of the real estate
described in division (A) of Section 1 of this act is the mutual benefit
accruing to the state and the City of Columbus by the
construction of the West Columbus Local Protection Project, a k a the
Franklinton Floodwall.
(D) Within one year after the effective date of this
act, the Auditor of State, with the assistance of the Attorney
General, shall prepare a deed to the real estate described in division (A) of
Section 1 of this act. The deed
shall state the consideration and the condition of the easement described in
division (B) of Section 1 of this act. The deed
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
deed for recording in the Office of the Franklin County
Recorder.
(E) The City of Columbus shall pay the costs of the conveyance.
Section 2. The Governor is hereby authorized to execute additional deeds 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 any additional
parcels of real estate that would change or broaden the parcels described in
Section 1 of this act and that are necessary to complete construction of the
West Columbus Local Protection Project, a k a the Franklinton Floodwall. As
consideration for the conveyance
of additional parcels pursuant to this section, the Governor may require the
reconveyance of any or all of the real estate conveyed pursuant to Section 1
of this act that the City does not require to complete the project. Any
conveyance made pursuant to this section shall be prepared and executed in
accordance with the procedures set forth in division (D) of Section 1 of this
act. The
City of Columbus shall pay the costs of any conveyance made pursuant to this
section.
Section 3. (A) The Governor is hereby authorized to execute a deed in the
name of
the state conveying to the Mahoning County Mental Health Board and its
successors and assigns all of the state's right, title, and interest in the
following described real estate:
Parcel 1:
Situated in the City of Youngstown, County of Mahoning, State of Ohio, being
part of original City Out-Lot No. 1198, further bounded and described as
follows:
Beginning at a 5/8" rebar found at the
intersection of the north line of Indianola Avenue (50' R/W) with the east
line
of Homestead Street (50' R/W), said rebar being the True Place of Beginning
for
the parcel being described herein;
Thence, N 03°02'15" E, along the east line of Homestead Street, 527.00
feet
to a 5/8" capped rebar set at the intersection of the east line of Homestead
Street with the south line of Wilbur Avenue (40' R/W);
Thence, S 87°46'54" E, leaving the east line of Homestead Street, along
the
south line of Wilbur Avenue, 200.13 feet to a 5/8" capped rebar set;
Thence, S 03°02'15" W, leaving the south line of Wilbur Avenue, parallel
with the east line of Homestead Street, 498.27 feet to a 5/8" capped rebar set
on the north line of Indianola Avenue;
Thence, S 84°04'00" W, along the north line of Indianola Avenue, 202.59
feet to the True Place of Beginning and containing 2.3550 acres of land, but
subject to all legal highways, easements, and restrictions, if any, as
surveyed
by Deron J. Millman, P.S., Number 7717 for Environmental Design Group, Inc. in
May of 1996.
The basis of bearing for the above described parcel is the north line of
Indianola Avenue (S 84°04'00" W) per Deed Volume 672, Page 26 of Mahoning
County Records of Deeds.
Parcel 2:
Situated in the City of Youngstown, County of Mahoning, State of Ohio, being
part of original City Out-Lot No. 1198, further bounded and described as
follows:
Beginning at a 5/8" rebar found at the intersection of the north line of
Indianola Avenue (50' R/W) with the east line of Homestead Street (50' R/W);
Thence, N 84°04'00" E, along the north line of Indianola Avenue, 652.86
feet to a 1/2" rebar found and the True Place of Beginning for the parcel
being described herein;
Thence, N 03°02'15" E, leaving the north line of Indianola Avenue,
parallel with the east line of Homestead Street, passing through a 5/8" capped
rebar set at 434.42 feet, a total distance of 556.23 feet to a 5/8" capped
rebar set on the south line of City Lot No. 58422 as shown by the Compton Lane
Plat recorded in Volume 37, Pages 23-24 of Mahoning County Records of Maps;
Thence, S 88°25'38" E, along the south line of said plat, passing thru a
1" iron pipe found at 32.34 feet, a 5/8" rebar at 84.45 feet, a total distance
of 190.30 feet to a 5/8" capped rebar set on the west line of Zedaker Street
(50' R/W);
Thence, S 02°02'06" W, leaving the south line of said Plat, continuing
along the west line of Zedaker Street, 529.68 feet to a drill hole set at the
intersection of the west line of Zedaker Street with the north line of
Indianola Avenue;
Thence, S 84°04'00" W, along the north line of Indianola Avenue, 201.98
feet to the True Place of Beginning and containing 2.4307 acres of land but
subject to all legal highways, easements and restrictions, if any, as surveyed
by Deron J. Millman, P.S., Number 7717 for Environmental Design Group, Inc. in
May 1996.
The basis of bearing for the above described parcel is the north line of
Indianola Avenue (S 84°04'00" W) per Deed Volume 672, Page 26 of Mahoning
County Records of Deeds.
(B) Consideration for conveyance of the real estate described in
division (A) of Section 3 of this act is the mutual benefit accruing to the
state and the
Mahoning County Mental Health Board by enabling the Mahoning County Mental
Health Board to expand its services and develop a Community Care Center.
(C) The Mahoning County Mental Health Board shall use the real estate
described in division (A) of Section 3 of this act for mental health purposes.
If the Mahoning County Mental Health Board ceases to use that real estate for
mental health purposes, the state may reenter upon its former estate.
(D) The Mahoning County Mental Health Board shall pay the costs of the
conveyance of the real estate described in division (A) of Section 3 of this
act.
(E) Within one year after the effective date of this act, the Auditor
of State, with the assistance of the Attorney General, shall prepare a deed to
the real estate described in division (A) of Section 3 of this act. The deed
shall state the
consideration and the right of reentry set forth in division (C) of Section 3
of this act. The deed 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 Mahoning
County Mental Health Board. The Mahoning County Mental Health Board shall
present the deed for recording in the office of the Mahoning County Recorder.
Section 4. This act expires one year after its effective date.
Section 5. 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 necessity is that
immediate action is required for the City of Columbus to acquire the two
parcels of real estate located beneath the Scioto River as soon as possible
to commence construction of the next phase of the West Columbus Local
Protection Project, a k a the Franklinton Floodwall. Therefore, this act
shall
go into immediate effect.
|