Resolution Purchasing Land for Cemetery R2014-04

RESOLUTION NO. 2014-04

A RESOLUTION OF THE VILLAGE OF ANTWERP TO ENTER
INTO THE REVISED AGREEMENT TO PURCHASE THE REAL ESTATE,
SAID REAL ESTATE BEING PURCHASED FOR CEMETERY
PURPOSES; AND DECLARING THE SAME AN EMERGENCY

WHEREAS, the Village of Antwerp passed a Resolution on March 17, 2014, entitled “A Resolution of the Village of Antwerp to Purchase Real Estate and Enter into an Agreement to Purchase the Real Estate, said Real Estate being Purchased for Cemetery Purposes; and Declaring the Same an Emergency”, said resolution was designated as Resolution No. 2014-03; and

WHEREAS, the Real Estate Purchase Agreement approved by Council provided that no survey was necessary and the closing on the real estate purchase would occur on or before April 30, 2014; and

WHEREAS, subsequent to the passage of Resolution No. 2014-03, the legal description provided in the prior deed of record for the real estate at issue has been found to be insufficient requiring the necessity of a survey of the real estate; and

WHEREAS, the sellers of the real estate have not executed the prior version of the real estate purchase agreement and a revised agreement needs to be approved to address the need for a survey and to continue the closing date.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Village of Antwerp, Paulding County, Ohio:

Section 1. The Council of the Village of Antwerp, Ohio authorizes the Mayor to enter into the revised agreement to purchase the real estate located at 14828 Road 43, Antwerp, Ohio 45813, the correct mailing address for the real estate being purchased for cemetery purposes, and said revised agreement to purchase real estate addresses the need for a survey and to continue the closing date of said real estate purchase in order to allow a survey to be obtained. A true and accurate copy of the revised agreement is attached hereto as Exhibit A and incorporated herein by reference.

Section 2. It is found and determined that all formal actions of the Council concerning and relating to the passage of this Resolution were adopted in open meetings of this Council, and that all deliberations of the Council and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements including all lawful ordinances, resolutions and any applicable provisions of Section 121.22 of the Ohio Revised Code.

Section 3. This Resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public health, safety and welfare of the Village and for the further reason that the purchase of real estate is necessary for cemetery purposes, and this resolution shall be in full force and effect immediately after its passage; otherwise, it shall take effect and be in force after the earliest period allowed by law.

ENACTED THIS ______ day of April, 2014.
____________________________________
Tom VanVlerah, Mayor
Village of Antwerp
Attest:

______________________________
Loretta Baker, Fiscal Officer