Jeff - Glad to see this is getting ready to start up. Looking forward to being able to use this to see the various documents and hear the latest news. Will figure out how it all works as we go along - Thanks much - Cliff
I talked to Bill and Jeff on the phone yesterday about the cemetery and they both said it would be OK to pass along some of the information they provided.
The basic plan is to (1) get a survey done and (2) get the non-profit corporation (NPO) papers back from the state; and then with these two pieces in hand, (3) write up the deed for the cemetery in the name of the NPO and get the ownership transferred to the NPO.
Survey: Bill is going to have a surveyor (Jim Mitchell - the board has set aside $1,500 for this) do a survey of the cemetery as soon as the weather improves some (pretty rainy and muddy right now). Prior to 1998 the cemetery was always described as "save and except" ~ 1.75 acres. The 1988 survey was the first surveyed description of what the bounds of the cemetery were. This was the boundary description that went into the recent court order that gave the Cemetery to the Neal Family.
The surveyor will stake out these boundaries so we'll be able to see what we have and if there are any issues that need to be worked out. At the same time the surveyor will also stake out the portion of the right of way along the Thomas' boundary that the Thomas' will be giving to the Neal Family. This will be the ~12' lane along the Thomas's fence line. The idea is that this portion of the right of way would be owned by the Neal Cemetery and would be included in our deed.
NPO Incorporation: The last problem with the NPO application was that it was missing Steve's signature. So a couple of days ago Steve (Jeff's father) and Jeff drove up to Columbus with the final signed papers. They were hoping to get the incorporation papers from the state right then, but the state had to go through getting them approved. Jeff is hoping to get the approved paperwork back in the next week or so - but the state could take longer if they take the full amount of time (6 weeks) allotted to them.
Right of Way: The other piece of getting the deed right would be the right of way along the east side of the Lucas' property - the driveway coming up to the lane to the cemetery. Bill is going to see if Mr. Lucas would also give that property to the cemetery - but Bill has not had a chance to ask him about this yet and Mr. Lucas might not be willing to give it to us. In that case, the Lucas deed does describe the right of way for the cemetery - so the same wording describing the right of way from the Lucas deed could be built into the NPO's deed for the cemetery.
Deed: Right now we have a letter from our attorney that contains the court order that is on file with Brwon County. This court order serves as our deed until we secure a formal deed in the name of the NPO. Bill was going to send me a copy of the this and then I can scan it to a PDF and sent it to everyone.
How the NPO Will Work: Jeff also talked a little bit about how the NPO may work. It will have the 6 "charter" Board Members (Gordy, Steve, Jeff, Bill, Barney, and Kathy) set up in the application the state is now reviewing (the board members who signed it). When the paperwork is approved and available, any interested family members will be able to sign up as "family members" of the NPO. The 6 Board Members would vote and make decisions - but any decision by the 6 Board Members could be "vetoed" if any 6 of the "family members" on record agreed that the board decision should be reversed. This structure would insure the whole family's input into and participation in the board's decisions.
As Bill described things - the 6 Board Members would be the legal entity that owned the cemetery and acted legally for the cemetery. But the board wouldn't want to be making decisions etc. without having input from the family on what should be done. Essentially the family woud be directing the board and then the board would be acting as the representative of the family for legal purposes.
Cemetery Blog Spot: Jeff has set up a blog for the cemetery at http://nealfamilycemetery.blogspot.com/. You can go out there now and add yourself to the blog and comment, etc. Right now Jeff is the only one who can add documents to the blog – but he is going to get a hard drive set up so others can also add documents too (using a password that he will provide). Jeff has lots of documents and materials on the cemetery and the Neal Family tree that he plans to load into the blog (but there are so many it will take a long time). He was thinking that the first documents that he might add are the letter from our attorney with the filed court order that is serving as our deed, and the articles of incorporation and by-laws that we have filed with Ohio for approval. The blog should also provide a good channel for everyone to communicate on the cemetery.
Cemetery Monies: Jeff and Gordy decided to keep the funds from the Trust Fund and the NPO separate. This could work out well since the “cap” under Ohio state law where we have to start paying taxes is $25,000. To avoid this we would need to form a federal non-profit corporation (501 c type) which would involve more administrative work and paper work. With the NPO and Trust Fund we could have $25,000 in each (for a total of $50,000) without having to make either a Federal 501 (c) Type NPO. At the last board meeting they all also agreed to have Sherry Kinzie start assisting Gordy with the NPO and Trust Fund treasurer duties, documents, etc.
Board’s Cemetery To Do List: Bill and Jeff are hoping to have the NPO organized, survey done, and a deed in the name of the NPO by June. Then they’d like to focus on some of the things that will make a difference for the cemetery like the maintenance, fixing up the fencing, upgrading the driveway/lane to the cemetery, putting in a culvert, etc.
What Happens to the Cemetery if the Board Ever Lapses?: I also asked Jeff what the bylaws said about what would happen to the cemetery if the NPO lapsed, say several generations after it filled up and wasn’t being actively used any more. Since the NPO we are setting up is specifically for a cemetery, Ohio state law says our by-laws have to address this – so there is a section that says the cemetery will pass on to Brown County if the NPO ever ceases to exist.
I got a chance talk with Bill Baugus on the phone last week about how things are coming along with the cemetery. The board is making good progress on their basic plan to:
(1) Get a new survey done, and (2) Get the non-profit corporation (NPO) formed; and then (3) Write up the deed for the cemetery in the name of the NPO and get the ownership transferred to the NPO.
Good news is that the new survey is complete and the NPO has been approved.
Cemetery Non-Profit: The non-profit cemetery organization (NPO) was approved by the State of Ohio in late May. That is a big milestone accomplished by the board. The board was thinking of communicating this to the extended family once the deed has been transferred to the new non-profit. I haven’t seen the approved charter and by-laws, but if anyone has a copy I would appreciate getting a copy and could forward it to this distribution list if there is an interest.
Survey Completed: Jim Mitchell also completed the new survey which can be used with transferring the deed to the NPO. I’ve attached a copy for everyone.
Bill says: “This survey was to establish a legal description of the existing lane that the Thomas' are giving us, and a new right of way description for the rest of the lane. He showed how the lane would connect to the cemetery. While he was there he did survey and confirm that the legal survey description in our court order deed for the cemetery does correspond with the actual cemetery. We do own to the existing fence-line around the cemetery.”
“Surveyor Jim Mitchell took our court order deed and made sure it corresponded with the actual cemetery. It does correspond with the existing fence around the cemetery. He then took the Thomas' new deed and checked their north property line to be sure that they owned the east west portion of our existing lane. They do own that portion. He surveyed and wrote a new legal description of that portion of the lane and the Thomas' are going to give it to the Neal family. Mitchell surveyed the portion of the lane at the northeast corner of the Thomas' property ( where the two lanes cross) and wrote a new right of way description. He also wrote a new right of way description on the east side of the Lucas property. I've spoken to both the Thomas' and the Lucas' and they have agreed to all of this and will sign the new paperwork. We will own the cemetery and the east west portion of the existing lane - except for the eastern most 13 feet where the two lanes cross, have a right of way through the northeast corner of the Thomas property(the 13 foot where the two lanes cross) and a right of way through the east side of the Lucas property. This will give us a new legal right of way or ownership of the entire existing driveway and ownership of the cemetery to the existing fence around it.”
Cemetery Deed: Bill has taken the court ordered deed from the court quiet title action and run it by the Brown County Board of health and Planning Commission. The deed is now all set to be transferred to the NPO. I’ve also included a copy of that here too.
Bill says that Cecilia Potts has offered to do the paperwork for actually transferring the deed and title to the new NPO. They have been holding off on the this because they would like to get one single deed with both the cemetery and the lane to the cemetery (the right of way along the Thomas’s property) on it.
Rights of Way for Cemetery (Thomas’s Portion): The Thomas’s have agreed to give the cemetery the lane on the north side of their property below the fence. The only delay is that the Thomas’s have got a rehab loan for fixing up their property. As I understand it, the loan works on kind of an installment basis – so they won’t be able to get the last portion of the loan until the rehab is all done. But with the economy that way it is, the loan was hard to get and the Thomas’s don’t want to do anything that might interfere with closing out the loan and getting that last piece. So they want to wait until the rehab is done and the loan complete and closed out before giving the lane to the NPO. Bill thought the Thomas’s might be done with the rehab in August or September.
The planning commission told Bill that he has 6-12 months to get the Thomas’s lane on the deed. So if it all works out OK before then, they can get one deed with the cemetery and the lane. If not, they can just transfer the cemetery alone onto the NPO’s deed.
Rights of Way for Cemetery (Lucas’s Portion): Bill talked with the Lucas’s, but they did not want to give the driveway portion of the cemetery to the NPO as the Thomas’s were willing to do with the lane. However, the Lucas’s are fine with the cemetery having a right of way along the driveway on the east side of their property. Bill doesn’t think it will be a problem getting this right of way into the deed – they might have to have Mr. Lucas sign off on it to when the deed is transferred to the NPO.
Also, to be on the safe side, they are planning on keeping the current easement and right of way to the cemetery on the west side of the Lucas’s property too.
Cemetery Maintenance: During Bill’s mothers service at the cemetery the family noticed it was pretty muddy along the lane around the spring. So Bill and his brothers ended up putting in a new culvert there. That should be a big improvement for everyone getting in and out of the cemetery when its real wet.
Cemetery Funds: Bill wasn’t sure how all of the funds were going to handled between the new NPO and the current Memorial Fund and where future contributions should go to (e.g. if the new NPO has a bank account set up for donations). That would probably all come after the deed and title were transferred to the new NPO. I also sent along to Bill some of the new rules that just came out from the IRS about tax exempt NPO’s so he and the board could follow-up on how they might apply to the new NPO. Until the NPO lets us know how to make donations to the NPO contributions would continue to go to the Memorial Fund care of Gordy.
Neal Cemetery Family Tree: Neal has set up and published a very nice new version of the Neal’s Corner, Brown Co, OH – Neal’s family tree from the Family Tree Builder at:
If you don’t have access to this I am sure Neal would set you up so you could access it.
Neal Cemetery History: Lee has been working a History of the Neal Family Cemetery – if you haven’t seen it I’m sure he would be glad to send you a copy and appreciate getting any comments you have on the history of the cemetery.
In attendance: Bill Baugus, Gordy, Jeff, Phyllis, Steve, Jim and Sherry Kinsey, Kathy Gebhart.
What is the status of the NOP? It is complete except for, waiting for a tax document that needs a signature from a State employee. Jeff will take to Columbus next week to obtain this.
Bill asked what it will take for Jeff to stay on as president. He would like for Jeff to stay on for at least a year. He has agreed to stay until at least all the paperwork is complete. He has withdrawn his resignation for the time being. Jeff explained why he wanted to quit. Steve will be the main contact with anyone who has questions.
We discussed the problems that Neal has brought up. The problems started in 1988 with the sale and deed at that time. We need a letter in explicit detail from him about his concerns, we will take it to our attorney and have it checked for any errors.
The lane and cemetery will be as one when all is done. We will have to wait until the new property owners close on their construction loan to get our deed for both. Now possibly in late October. The easement in question, (50 ft.) is to be used for utilities only, not a drive way.
The property and right of way will not cost us anything to own it, We have had several family members make donations, therefore the cemetery association has not been and will not be in the future, out any money.
Bill made a motion , Gordy 2nd .that we pursue ownership of the lane, because we could have a problem with future owners and that our family would be better off owning it rather than have any problems with a neighbor. Approved by all.
A motion was made to pay for a load of gravel for Mr. Lucas to put on the lane, about $200. Motion made by Jeff. 2nd by Gordie.
A refund check was received in the amount of $90, by Bill, for overpayment of the court cost.
Bill made a motion that any cost incurred by Wayland and Patricia Thomas be covered by the cemetery fund. Gordy 2nd. Approved by all.
Jeff - Glad to see this is getting ready to start up. Looking forward to being able to use this to see the various documents and hear the latest news. Will figure out how it all works as we go along - Thanks much - Cliff
ReplyDeleteThank you for starting this blog!
ReplyDeleteArt Liming
Waiting for an error-free Legal Description/Deed
ReplyDeleteNeal Liming
Woo-HOO, Jeffrey! This will be a great (and time-saving) way to keep abreast of the "doings" there.
ReplyDeleteThanks for putting this together.
Comment Part 1 -
ReplyDeleteNeal Cemetery Update - Talked to Bill and Jeff
All
I talked to Bill and Jeff on the phone yesterday about the cemetery and they both said it would be OK to pass along some of the information they provided.
The basic plan is to (1) get a survey done and (2) get the non-profit corporation (NPO) papers back from the state; and then with these two pieces in hand, (3) write up the deed for the cemetery in the name of the NPO and get the ownership transferred to the NPO.
Survey: Bill is going to have a surveyor (Jim Mitchell - the board has set aside $1,500 for this) do a survey of the cemetery as soon as the weather improves some (pretty rainy and muddy right now). Prior to 1998 the cemetery was always described as "save and except" ~ 1.75 acres. The 1988 survey was the first surveyed description of what the bounds of the cemetery were. This was the boundary description that went into the recent court order that gave the Cemetery to the Neal Family.
The surveyor will stake out these boundaries so we'll be able to see what we have and if there are any issues that need to be worked out. At the same time the surveyor will also stake out the portion of the right of way along the Thomas' boundary that the Thomas' will be giving to the Neal Family. This will be the ~12' lane along the Thomas's fence line. The idea is that this portion of the right of way would be owned by the Neal Cemetery and would be included in our deed.
NPO Incorporation: The last problem with the NPO application was that it was missing Steve's signature. So a couple of days ago Steve (Jeff's father) and Jeff drove up to Columbus with the final signed papers. They were hoping to get the incorporation papers from the state right then, but the state had to go through getting them approved. Jeff is hoping to get the approved paperwork back in the next week or so - but the state could take longer if they take the full amount of time (6 weeks) allotted to them.
Right of Way: The other piece of getting the deed right would be the right of way along the east side of the Lucas' property - the driveway coming up to the lane to the cemetery. Bill is going to see if Mr. Lucas would also give that property to the cemetery - but Bill has not had a chance to ask him about this yet and Mr. Lucas might not be willing to give it to us. In that case, the Lucas deed does describe the right of way for the cemetery - so the same wording describing the right of way from the Lucas deed could be built into the NPO's deed for the cemetery.
Deed: Right now we have a letter from our attorney that contains the court order that is on file with Brwon County. This court order serves as our deed until we secure a formal deed in the name of the NPO. Bill was going to send me a copy of the this and then I can scan it to a PDF and sent it to everyone.
Comment Part 2 -
ReplyDeleteHow the NPO Will Work: Jeff also talked a little bit about how the NPO may work. It will have the 6 "charter" Board Members (Gordy, Steve, Jeff, Bill, Barney, and Kathy) set up in the application the state is now reviewing (the board members who signed it). When the paperwork is approved and available, any interested family members will be able to sign up as "family members" of the NPO. The 6 Board Members would vote and make decisions - but any decision by the 6 Board Members could be "vetoed" if any 6 of the "family members" on record agreed that the board decision should be reversed. This structure would insure the whole family's input into and participation in the board's decisions.
As Bill described things - the 6 Board Members would be the legal entity that owned the cemetery and acted legally for the cemetery. But the board wouldn't want to be making decisions etc. without having input from the family on what should be done. Essentially the family woud be directing the board and then the board would be acting as the representative of the family for legal purposes.
Cemetery Blog Spot: Jeff has set up a blog for the cemetery at http://nealfamilycemetery.blogspot.com/. You can go out there now and add yourself to the blog and comment, etc. Right now Jeff is the only one who can add documents to the blog – but he is going to get a hard drive set up so others can also add documents too (using a password that he will provide). Jeff has lots of documents and materials on the cemetery and the Neal Family tree that he plans to load into the blog (but there are so many it will take a long time). He was thinking that the first documents that he might add are the letter from our attorney with the filed court order that is serving as our deed, and the articles of incorporation and by-laws that we have filed with Ohio for approval. The blog should also provide a good channel for everyone to communicate on the cemetery.
Cemetery Monies: Jeff and Gordy decided to keep the funds from the Trust Fund and the NPO separate. This could work out well since the “cap” under Ohio state law where we have to start paying taxes is $25,000. To avoid this we would need to form a federal non-profit corporation (501 c type) which would involve more administrative work and paper work. With the NPO and Trust Fund we could have $25,000 in each (for a total of $50,000) without having to make either a Federal 501 (c) Type NPO. At the last board meeting they all also agreed to have Sherry Kinzie start assisting Gordy with the NPO and Trust Fund treasurer duties, documents, etc.
Board’s Cemetery To Do List: Bill and Jeff are hoping to have the NPO organized, survey done, and a deed in the name of the NPO by June. Then they’d like to focus on some of the things that will make a difference for the cemetery like the maintenance, fixing up the fencing, upgrading the driveway/lane to the cemetery, putting in a culvert, etc.
What Happens to the Cemetery if the Board Ever Lapses?: I also asked Jeff what the bylaws said about what would happen to the cemetery if the NPO lapsed, say several generations after it filled up and wasn’t being actively used any more. Since the NPO we are setting up is specifically for a cemetery, Ohio state law says our by-laws have to address this – so there is a section that says the cemetery will pass on to Brown County if the NPO ever ceases to exist.
Cliff Neal
378 Judson Ave
Mystic, CT
06355
Phone: 860-732-8705
FAX: 860-732-7039
E-Mail: clifford.k.neal@pfizer.com
Jeff, thanks for setting up this web site. I look forward to documents being posted. Cliff, thanks for your report.
ReplyDeleteNeal Cemetery News Part 1
ReplyDeleteAll
I got a chance talk with Bill Baugus on the phone last week about how things are coming along with the cemetery. The board is making good progress on their basic plan to:
(1) Get a new survey done, and
(2) Get the non-profit corporation (NPO) formed; and then
(3) Write up the deed for the cemetery in the name of the NPO and get the ownership transferred to the NPO.
Good news is that the new survey is complete and the NPO has been approved.
Cemetery Non-Profit:
The non-profit cemetery organization (NPO) was approved by the State of Ohio in late May. That is a big milestone accomplished by the board. The board was thinking of communicating this to the extended family once the deed has been transferred to the new non-profit. I haven’t seen the approved charter and by-laws, but if anyone has a copy I would appreciate getting a copy and could forward it to this distribution list if there is an interest.
Survey Completed:
Jim Mitchell also completed the new survey which can be used with transferring the deed to the NPO. I’ve attached a copy for everyone.
Bill says: “This survey was to establish a legal description of the existing lane that the Thomas' are giving us, and a new right of way description for the rest of the lane. He showed how the lane would connect to the cemetery. While he was there he did survey and confirm that the legal survey description in our court order deed for the cemetery does correspond with the actual cemetery. We do own to the existing fence-line around the cemetery.”
“Surveyor Jim Mitchell took our court order deed and made sure it corresponded with the actual cemetery. It does correspond with the existing fence around the cemetery. He then took the Thomas' new deed and checked their north property line to be sure that they owned the east west portion of our existing lane. They do own that portion. He surveyed and wrote a new legal description of that portion of the lane and the Thomas' are going to give it to the Neal family. Mitchell surveyed the portion of the lane at the northeast corner of the Thomas' property ( where the two lanes cross) and wrote a new right of way description. He also wrote a new right of way description on the east side of the Lucas property. I've spoken to both the Thomas' and the Lucas' and they have agreed to all of this and will sign the new paperwork. We will own the cemetery and the east west portion of the existing lane - except for the eastern most 13 feet where the two lanes cross, have a right of way through the northeast corner of the Thomas property(the 13 foot where the two lanes cross) and a right of way through the east side of the Lucas property. This will give us a new legal right of way or ownership of the entire existing driveway and ownership of the cemetery to the existing fence around it.”
Cemetery Deed:
Bill has taken the court ordered deed from the court quiet title action and run it by the Brown County Board of health and Planning Commission. The deed is now all set to be transferred to the NPO. I’ve also included a copy of that here too.
Bill says that Cecilia Potts has offered to do the paperwork for actually transferring the deed and title to the new NPO. They have been holding off on the this because they would like to get one single deed with both the cemetery and the lane to the cemetery (the right of way along the Thomas’s property) on it.
Neal Cemetery News Part 2
ReplyDeleteRights of Way for Cemetery (Thomas’s Portion):
The Thomas’s have agreed to give the cemetery the lane on the north side of their property below the fence. The only delay is that the Thomas’s have got a rehab loan for fixing up their property. As I understand it, the loan works on kind of an installment basis – so they won’t be able to get the last portion of the loan until the rehab is all done. But with the economy that way it is, the loan was hard to get and the Thomas’s don’t want to do anything that might interfere with closing out the loan and getting that last piece. So they want to wait until the rehab is done and the loan complete and closed out before giving the lane to the NPO. Bill thought the Thomas’s might be done with the rehab in August or September.
The planning commission told Bill that he has 6-12 months to get the Thomas’s lane on the deed. So if it all works out OK before then, they can get one deed with the cemetery and the lane. If not, they can just transfer the cemetery alone onto the NPO’s deed.
Rights of Way for Cemetery (Lucas’s Portion):
Bill talked with the Lucas’s, but they did not want to give the driveway portion of the cemetery to the NPO as the Thomas’s were willing to do with the lane. However, the Lucas’s are fine with the cemetery having a right of way along the driveway on the east side of their property. Bill doesn’t think it will be a problem getting this right of way into the deed – they might have to have Mr. Lucas sign off on it to when the deed is transferred to the NPO.
Also, to be on the safe side, they are planning on keeping the current easement and right of way to the cemetery on the west side of the Lucas’s property too.
Cemetery Maintenance:
During Bill’s mothers service at the cemetery the family noticed it was pretty muddy along the lane around the spring. So Bill and his brothers ended up putting in a new culvert there. That should be a big improvement for everyone getting in and out of the cemetery when its real wet.
Cemetery Funds:
Bill wasn’t sure how all of the funds were going to handled between the new NPO and the current Memorial Fund and where future contributions should go to (e.g. if the new NPO has a bank account set up for donations). That would probably all come after the deed and title were transferred to the new NPO. I also sent along to Bill some of the new rules that just came out from the IRS about tax exempt NPO’s so he and the board could follow-up on how they might apply to the new NPO. Until the NPO lets us know how to make donations to the NPO contributions would continue to go to the Memorial Fund care of Gordy.
Neal Cemetery Family Tree:
Neal has set up and published a very nice new version of the Neal’s Corner, Brown Co, OH – Neal’s family tree from the Family Tree Builder at:
http://www.myheritage.com/site-family-tree-64977771/our-liming-tree-ohio-roots?familyTreeID=12
If you don’t have access to this I am sure Neal would set you up so you could access it.
Neal Cemetery History:
Lee has been working a History of the Neal Family Cemetery – if you haven’t seen it I’m sure he would be glad to send you a copy and appreciate getting any comments you have on the history of the cemetery.
Steve’s Neal Cemetery Meeting Minutes from 8/25/10 follow
ReplyDelete==========================================================================
Cemetery Meeting 08/25/10
Meeting opened at 19:15
In attendance: Bill Baugus, Gordy, Jeff, Phyllis, Steve, Jim and Sherry Kinsey, Kathy Gebhart.
What is the status of the NOP? It is complete except for, waiting for a tax document that needs a signature from a State employee. Jeff will take to Columbus next week to obtain this.
Bill asked what it will take for Jeff to stay on as president. He would like for Jeff to stay on for at least a year. He has agreed to stay until at least all the paperwork is complete. He has withdrawn his resignation for the time being.
Jeff explained why he wanted to quit. Steve will be the main contact with anyone who has questions.
We discussed the problems that Neal has brought up. The problems started in 1988 with the sale and deed at that time. We need a letter in explicit detail from him about his concerns, we will take it to our attorney and have it checked for any errors.
The lane and cemetery will be as one when all is done. We will have to wait until the new property owners close on their construction loan to get our deed for both. Now possibly in late October. The easement in question, (50 ft.) is to be used for utilities only, not a drive way.
The property and right of way will not cost us anything to own it, We have had several family members make donations, therefore the cemetery association has not been and will not be in the future, out any money.
Bill made a motion , Gordy 2nd .that we pursue ownership of the lane, because we could have a problem with future owners and that our family would be better off owning it rather than have any problems with a neighbor. Approved by all.
A motion was made to pay for a load of gravel for Mr. Lucas to put on the lane, about $200. Motion made by Jeff. 2nd by Gordie.
A refund check was received in the amount of $90, by Bill, for overpayment of the court cost.
Bill made a motion that any cost incurred by Wayland and Patricia Thomas be covered by the cemetery fund. Gordy 2nd. Approved by all.
Meeting adjourned 22:40