RESOLUTION #04-2004

RESOLUTION TO AUTHORIZE THE FURTHER MODIFICATION
OF THE CONSENT JUDGMENT ENTRY WITH
JJJ PROPERTIES, ET AL IN SUMMIT COUNTY CASE NO: CV-2000-05-2288
AND THER RECORDING OF A TITLE AFFIDAVIT

WHEREAS, the Township entered into a Consent Judgment Entry (“Entry”) in the above referenced matter which was filed on June 1, 2000 and a Modification to the Entry which was filed on March 25, 2002.

WHEREAS, the Township and the Landowner, JJJ Properties, desire to relocate the industrial and manufacturing activities on the real property descried in the Entry (“Property”) to allow for the better use of the Property and to further restrict the location of such operations and the nature, scope and duration of such operations.

WHEREAS, section III of the Entry provided that the Entry could be modified upon the consent of the parties and the parties do consent to the modification of the Entry to provide for, among other things, the relocation of the operations, including a concrete batch plant, to a new location on the Property within the Township.

WHEREAS, the Township desires to record an Affidavit in the real property records of Summit County, Ohio documenting the use restrictions affecting the Property and certain other terms of the Entry.

NOW, THEREFORE, be it resolved, by the Board of Trustees of Richfield Township, Summit County, Ohio, that the Township, by and through John P. Slagter as Special Counsel, is authorized to enter into the Second Modification To Consent Judgment Entry Filed June 1, 2000, in substantially the same form as attached hereto and incorporated herein as Exhibit A.

FURTHER RESOLVED, that any Member of the Board of Trustees or the Township Clerk are hereby authorized to execute and record an Affidavit under O.R.C. 5301.252 to document the terms of the Entry as modified to date.

FURTHER RESOLVED, that any Member of the Board of Trustees or the Township Clerk are hereby authorized to execute any and all other documents necessary to effectuate the purposes of this Resolution.

Date:  May 20, 2004
Shano Cica-Mraz, Trustee
Laurie Peters Gilmore, Trustee
David R Wyatt, Trustee
Attest:
_________________________
Laurie Pinney, Township Clerk

Page last updated on: 02/25/2006
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