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HomeMy Public PortalAboutResolutions-2018-101 DocuSign Envelope ID: F1CF52C6-EB78-4D2F-9316-B51D18468999 RESOLUTION NO. 2018-101 th On this 16 day of October, 2018, at the regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Ryan introduced RESOLUTION NO. 2018-101, A RESOLUTION APPROVING SETTING A PUBLIC HEARING ON THE INTENT TO ACQUIRE OR CONDEMN IF NECESSARY ALL OR A PORTION OF PROPERTY OR AN INTEREST IN PROPERTY FOR A PUBLIC IMPROVEMENT, THE FOREVERGREEN ROAD CONSTRUCTION PROJECT and made a motion for approval. The motion was seconded by Councilperson Havens. SETTING A PUBLIC HEARING ON THE INTENT TO ACQUIRE OR CONDEMN IF NECESSARY ALL OR A PORTION OF PROPERTY OR AN INTEREST IN PROPERTY FOR A PUBLIC IMPROVEMENT, THE FOREVERGREEN ROAD CONSTRUCTION PROJECT WHEREAS, Section 6B.2A, Code of Iowa, requires an acquiring agency to provide written notice of a public hearing to each owner of record of agricultural land that may be the subject of condemnation; and WHEREAS, the City Council of Tiffin, Iowa, finds that it may be necessary to acquire or condemn a portion of and/or an interest of the following-described properties for the Forevergreen Road Construction Project: 1. Legal description: The east half of the northwest quarter of Section 22, Township 80 North, Range 7 West of the 5th P.M. subject to easements, restrictions and covenants of record, a Property of which the owner is John Powell Rarick and Robert Rarick as Trustees of the Trust created in the Last Will and Testament of Ruth E. Rarick, Deceased, whose mailing address is: 2836 Kansas Avenue NE, North Liberty, IA 52317. 2. Legal description: The NW1/4 of the SW 1/4 of Section 22, Township 80 North, th Range 7 West of the 5 P.M., excepting therefrom Lots 1 to 19, Park Place - Part One, according to the plat thereof recorded in Book 61, Page 280, Plat Records of Johnson County, Iowa and further excepting Lot 86, Park Place - Part Four, according to the plat thereof recorded in Book 61, Page 281, Plat Records of Johnson County, Iowa, a Property of which the owner is TAT LLC, whose mailing address is: P.O. Box 5198, Coralville, IA 52241. 3. Legal description: The NE 1/4 of the SW 1/4 of Section 22, Township 80 North, th Range 7 West, of the 5 Principal Meridian; excepting all that part of Wild Oak Ridge Subdivision, Johnson County, Iowa, according to the Plat thereof recorded in Plat Book 37, Page 333, of the records of Johnson County, Iowa, located in the NE 1/4 of the SW 1/4 of said Section 22, a Property of which the owner is DERS, LLC, whose mailing address is: P.O. Box 5198, Coralville, IA 52241. 1 DocuSign Envelope ID: F1CF52C6-EB78-4D2F-9316-B51D18468999 4. Legal Description of Property subject to Right of First Refusal recorded on April 6, 2018, in Book 5771, Page 932, of the records of the Johnson County, Iowa, Recorder: The NE 1/4 of the SW 1/4 of Section 22, Township 80 North, Range 7 th West, of the 5 Principal Meridian; excepting all that part of Wild Oak Ridge Subdivision, Johnson County, Iowa, according to the Plat thereof recorded in Plat Book 37, Page 333, of the records of Johnson County, Iowa, located in the NE 1/4 of the SW 1/4 of said Section 22, a Property of which the owner of the Right of First Refusal is Dumont Investments, LLC, whose mailing address is: P.O. Box 2804, Cedar Rapids, IA 52406-2804. WHEREAS, a public hearing should be set on the intent to acquire or condemn, if necessary, all or a portion of the above Properties or an interest in the above Properties; and, WHEREAS, notice of the public hearing should be published and mailed as required by law to the Owner of the Properties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TIFFIN, IOWA, AS FOLLOWS: The City Clerk is hereby authorized and directed to cause a notice in the form attached hereto to be mailed to the Owners and published as prescribed by Section 6B.2A, Code of Iowa, of of the Properties th or an interest in the Properties, to be held on the 20 day of November, 2018, at 7:00 p.m. at the City Hall Council Chambers, 300 Railroad Street, Tiffin, Iowa. Ayes: Upton, Bartels, Havens, Ryan, Schnedler Nays: None Absent:None Whereupon five Council members were present and voted approval and Mayor Berner declared that RESOLUTION NO. 2018-101, A RESOLUTION APPROVING SETTING A PUBLIC HEARING ON THE INTENT TO ACQUIRE OR CONDEMN IF NECESSARY ALL OR A PORTION OF PROPERTY OR AN INTEREST IN PROPERTY FOR A PUBLIC IMPROVEMENT, THE FOREVERGREEN ROAD CONSTRUCTION PROJECT to be adopted and signified his approval of the same by affixing his signature thereunto. th Passed, approved and adopted this 16 day of October, 2018. City of Tiffin ___________________________ Steven L. Berner, Mayor ATTEST: ________________________________ Ashley Platz, City Clerk 2 Certificate Of Completion Envelope Id: F1CF52C6EB784D2F9316B51D18468999Status: Completed Subject: Please DocuSign: I-2 - Resolution 2018-101 - Tiffin Condemnation - Setting a Public Hearing of... Source Envelope: Document Pages: 2Signatures: 2Envelope Originator: Certificate Pages: 5Initials: 0Abigail Hora AutoNav: Enabled300 Railroad St EnvelopeId Stamping: EnabledPO Box 259 Time Zone: (UTC-08:00) Pacific Time (US & Canada)Tiffin, IA 52340 ahora@tiffin-iowa.org IP Address: 69.63.16.128 Record Tracking Status: OriginalHolder: Abigail HoraLocation: DocuSign 10/31/2018 8:07:01 AM ahora@tiffin-iowa.org Signer EventsSignatureTimestamp ASHLEY PLATZSent: 10/31/2018 8:07:34 AM ajay@tiffin-iowa.orgViewed: 10/31/2018 9:05:42 AM Deputy City ClerkSigned: 10/31/2018 9:05:46 AM CITY OF TIFFIN, IOWA Signature Adoption: Uploaded Signature Image Security Level: Email, Account Authentication Using IP Address: 69.63.16.128 (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Steve BernerSent: 10/31/2018 8:07:33 AM steven.lee.berner@gmail.comViewed: 10/31/2018 8:28:27 AM Security Level: Email, Account Authentication Signed: 10/31/2018 8:28:35 AM (None) Signature Adoption: Pre-selected Style Using IP Address: 199.120.91.132 Electronic Record and Signature Disclosure: Accepted: 10/31/2018 8:28:27 AM ID: 51469b4e-2e7f-47ee-a913-548737b69ec0 In Person Signer EventsSignatureTimestamp Editor Delivery EventsStatusTimestamp Agent Delivery EventsStatusTimestamp Intermediary Delivery EventsStatusTimestamp Certified Delivery EventsStatusTimestamp Carbon Copy EventsStatusTimestamp Notary EventsSignatureTimestamp Envelope Summary EventsStatusTimestamps Envelope SentHashed/Encrypted10/31/2018 8:07:34 AM Certified DeliveredSecurity Checked10/31/2018 9:05:42 AM Signing CompleteSecurity Checked10/31/2018 9:05:46 AM Envelope Summary EventsStatusTimestamps CompletedSecurity Checked10/31/2018 9:05:46 AM Payment EventsStatusTimestamps Electronic Record and Signature Disclosure CONSUMER DISCLOSURE From time to time, CITY OF TIFFIN, IOWA (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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