Resolutions-2019-079

RESOLUTION NO. 2019-079 On this 4th day of June, 2019, at the regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Upton introduced RESOLUTION NO. 2019-079, A RESOLUTION ESTABLISHING JUST COMPENSATION FOR ACQUISITION OF A PORTION OR AN INTEREST IN CERTAIN REAL PROPERTY OWNED BY DERS, LLC, FOR THE FOREVERGREEN CONSTRUCTION ROAD PROJECT and made a motion for approval. The motion was seconded by Councilperson Schnedler. ESTABLISHING JUST COMPENSATION FOR ACQUISITION OF A PORTION OR AN INTEREST IN CERTAIN REAL PROPERTY OWNED BY DERS, LLC, FOR THE FOREVERGREEN CONSTRUCTION ROAD PROJECT WHEREAS, the City of Tiffin, Iowa, for the Forevergreen Road Construction Project intends to acquire a portion of and/or an interest in certain real property (the Property) owned by DERS, LLC, which is legally described as follows: The NE 1/4 of the SW 1/4 of Section 22, Township 80 North, Range 7 West, of the 5th 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. AND WHEREAS, the City of Tiffin, Iowa for the Forevergreen Road Construction Project intends to acquire the portion of the above-described real estate as identified in the attached Exhibit A. AND WHEREAS, Chapter 6B, Code of Iowa, requires that the City of Tiffin, Iowa, must make a good-faith effort to negotiate with DERS, LLC, to purchase a portion and/or an interest in the Property before proceeding with condemnation; AND WHEREAS, the City of Tiffin, Iowa may not make an offer to purchase a portion and/or an interest in the Property which is less than the fair market value the City of Tiffin, Iowa has established for the Property; AND WHEREAS, the City of Tiffin, Iowa has caused an appraisal of a portion and/or an interest in the Property to be made to determine the difference in the fair market value of the 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.