HomeMy Public PortalAboutResolutions-2019-111 RESMAJITIONNO. 2019 111
On this 1" day of'Oetober, 2019, at the reglular mecting ofthe Tiffin City Coullcil, Tiffin, lowa,
Councilperson Ryan introduced RESOLUTION NO. 2019 111, A RESOLUTION
ES"YABILASHINGJ USTCOMPENSAT10N FOR ACQUISITIONOFA PORTION OR AN
Id 't'EREST M CERTAIN RE.Al, PROPERTY OWNED BYTHE CA"FYOF
("'ORALVILLE WITH REVER'I"'ER RIGHTSTO THEJOHN POWE3,11, RARICK AND
ROBERFRARICK. AS "I'MJSTEES 01;''I"IIE 'I'RtjS'I' ('REA.'I'ED INTHE I....ASTWILL
ANI) 't'ES'I'A�NIENOF' Rti'l,'tI E. RARICK, DECTASED, FORTHE F0R1,,VERGRE`,EN
('ONS'I'IZIj(,,,"I'IOINROAI) I-IRO,IE("I' ,iii(im.zide ,iiiiotioiii7ot- aper-oN/al. Themotionwas
SeC011(1Cd by (..'.0U11Ci1per'son Schncdler,
F:S'I'ABI,ISIIIN(,T' ,Jt.)S"]' (.'OMPE�N'SA'I'ION FOR
ACQUISIT1,0N OF A PORTION OR AN
INTERE.ST IN ("TRTAIN REAL PROPERTYMN'NED BYTIJE CITY OF
CORALVILLE NVITH REVERTTR RIGHTS RARICIR AND
ROBEIRTRARICK ASTRC)STF,FS 01, �°C C1 IN1111E LASTVNI"I'LL
E. RARICK", I)ECEASED,
FORTH E' FORENTIRCRETA CONSTRUCTION ROA 1) PROJECT
"/Iff�,,RH'AS, the ('14Y of" Til t I,11" krva, tor Road C."onstruction Pro, "t
_1 j��,,
illfe,MIS to 1CLjLfi1'C, kI, J)Ordon and/oran interest in certain real propc.rty o-m:ied by the (,"Ity of
C',oralvillewith i-e%ei't.ci,i,ightstotlieJo�iri Powell Rarick and, Robert
created ir thc Last Will and ,1'estarn ell t of,Rttth L. Rarick, Deceased, bwhich is legally(lescriht'd arm
1,611ows,
The east hal f"ofthc northwest quarter of Section 22, Township 80
North, Range 7 West of the 5th PA/L subject to easetimits,
restrictions and covcnants of record,
AND W1 I FRE"AS, the City of-l'iffin, Iowa for the Forevu-green Road C(MIShIlCtiOrl Project
intends to acquirc the portion of the above-described real estate as identified in the attachcd
L'xhibit A.
ANDWHERE'AS, ,'hapter 613, C.",ode oflowa, reqUires that the C'ity of"Tiffin, lova, must
make a good faith effort, to negotiate Nvith the City of'CoralviHe with. reverter righty John Powell
Rarick and Robert Rarick asTrustees of theTrust created in the L,ast Will andTestament of Ruth
U". Rarick, Deceased, to purchase as portion and/or an intercst in the Property before procceding
with condeinnationl-
AND WHERF'AS, the City of"Tiffin, Ima may not inake an offer tan pUrchase as portion
and/or an interest in the Property which is less than the fair market value the Clity, of-l'iffin, Iowa
has established flor thc Property,,
A N D W I I ER. AS, theit apprakal ofa porfion and/or an
ofTiffill, 10W�l haS CaLlScd ail
interest in the Proputy, to be made to dctermine, the difference in the fitir rnarket valuc of the
I
Property immediately before and immediately after the acquisition of a portion of the Property
needed for the Project.
AND WHEREAS, the City of Tiffin, Iowa now desires to establish just compensation for
the acquisition of a portion of and/or an interest in the Property.
NOW, THEREFORE, BE IT RESOLVED BY THE OF THE CITY OF TIFFIN,
IOWA, AS FOLLOWS:
1. Just Compensation for the acqusition of a portion of and/or an interest in the
Property owned by the City of Coralville with reverter rights John Powell Rarick
and Robert Rarick as Trustees of the Trust created in the Last Will and Testament
of Ruth E. Rarick, Deceased, is hereby established to be $41,300.
2. Just Compensation for the acquisition of a portion of and/or an interest in the
Property for the existing leasehold interest, if any, is hereby established to be$500.
3. The contact person is hereby directed to submit a copy of the appraisal to the City
of Coralville with reverter rights to the John Powell Rarick and Robert Rarick as
Trustees of the Trust created in the Last Will and Testament of Ruth E. Rarick,
Deceased, as required by Section 613.45, Code of Iowa, and to cornmence
negotiations with the City of Coralville with reverter rights to the John Powell
Rarick and Robert Rarick as Trustees of the Trust created in the Last Will and
Testament of Ruth E. Rarick, Deceased, for the purchase of a portion of the
Property needed for the Forevergreen Road Construction Project for the amount of
$41,300, which is just compensation therefore established by this Resolution.
Whereupon five Council members were present and voted approval and Mayor Berner declared
that RESOLUTION NO. 2019-111, A RESOLUTION ESTABLISHING JUST
COMPENSATION FOR ACQUISITION OF A PORTION OR AN INTEREST IN
CERTAIN REAL PROPERTY OWNED BY THE CITY OF CORALVILLE WITH
REVERTER RIGHTS TO THE JOHN POWELL RARICK AND ROBERT RARICK AS
TRUSTEES OF THE TRUST CREATED IN THE LAST WILL AND TESTAMENT OF
RUTH E. RARICK, DECEASED, FOR THE FOREVERGREEN CONSTRUCTION
ROAD PROJECT to be adopted and signified his approval of the same by affixing his signature
thereunto.
Passed, approved and adopted this Is' day of October, 2019.
City of Tiffin
Steven L. Berner, Mayor
ATTEST:
Abig� ail`lvora, Interim City Clerk
2