Minutes: September 2nd, 2005

     Special meeting was called to discuss property purchase with the Prosecuting Attorney on September 2, 2005 at 8:00 a.m. with all present; also Mark Mulligan, Meredith Beck, Catherine Pfeiffer, John Smothers and Paul Nicholson.

     Chairman William Rofkar called the meeting to order and explained the purpose of this meeting is the purchase of the Vollmer property and  Ohio Public Works contract.

     Mark Mulligan, Prosecuting Attorney, stated in reviewing the Public Works contract it mentions deed restrictions but did not see any restrictions and asked if anyone had them but no one does. Gary Mortus stated the contract has to be exercised to firm up the grant

And that is why we wanted you to review it.

     Mark stated prior to signing this we should go over the purchase contract. We had Hartung Title do the title research being they did the first one so offered a substantial discount on the title work. If there would be any site improvements they would have to be approved first.  Would like to see deed restrictions before signing the purchase agreement and now would be the time to discuss the deed restrictions with the Ohio Public Works. The penalty for not following the deed restrictions would be doubling the amount of money received in the grant plus six per cent interest per year.  Bill Rofkar asked if that means if we did something on a small portion of the property the whole amount would be due? Mark said technically they could ask for the full amount.

     Mark stated “identification clause” should be a concern and will talk to Ohio Public Works because the Ohio Attorney General did not sign the identification provision  No governmental entities are signing identifications any more. Project description will limit you to preservation of wild life habitat so technically it is not for recreational purposes, hiking, camping or any other recreational activities, only wild life habitat. These are his concerns about the Public Works grant and advised Board should get the deed restrictions and make sure the title company is approved.  Going on to the title research there are assessments for sewer and water but if it stays agricultural they would not be due. If a shelter house with drinking fountain or bath room the assessments would have to be paid.

Easement items have not been reviewed but recommended oil and gas lease be cancelled before closing on property. Need someone to sign that there has not been gas or oil since 1981 and Paul Nicholson, a neighbor, agreed to sign the easement.  Gary asked how long do you think it will take to get any answer back from Public Works and Mark stated should be by early next week.

      Gary Mortus made a motion to adjourn. Robert Schroeder seconded and all voted aye.


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