Resolutions-2020-056

Reverter Rights to John Powell Rarick and Robert Rarick as Trustees of the Trust created in the Last Will And Testament Of Ruth E. Rarick, Deceased. WHEREAS, on February 19, 2020, the Ruth E. Rarick Trust recorded an Iowa Cash Rent Farm Lease with Clint Rarick. WHEREAS, on February 27, 2020, the Court in Johnson County Case No. CVCV080519 issued a Stay Order of the condemnation proceeding scheduled for March 4, 2020, which named Coralville as the owner and the Rarick Trust having a possible right of reversion. WHEREAS, on April 28, 2020, the Court in Johnson County Case No. CVCV080519 Ruled that the Quit Claim Deed is invalid, and that “Tiffin retains the authority and jurisdiction to condemn this portion of the Trust’s property ... and Tiffin’s construction of Forevergreen Road in Tiffin is a public purpose and supports exercise of eminent domain over the Trust”, p. 11. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF TIFFIN, IOWA, AS FOLLOWS: 1. The City of Tiffin will proceed with its Public Improvement Forevergreen Road Construction Project. 2. Hal Kleinsmith will be asked to update his appraisal, to determine just compensation of the owner John Powell Rarick and Robert Rarick As Trustees Of The Trust Created In The Last Will And Testament Of Ruth E. Rarick, Deceased, noting that the Quit Claim Deed to the City of Coralville, Iowa has been ruled to be invalid and to establish just compensation for Clint Rarick’s leasehold interest. 3. Upon receipt of the updated appraisal, the City of Tiffin will, thereupon, continue to proceed with its Forevergreen Road Construction Project as is appropriate. Whereupon four Council members were present and voted approval and Mayor Berner declared that RESOLUTION NO. 2020-056, A RESOLUTION TO PROCEED WITH FOREVERGREEN ROAD CONSTRUCTION PROJECT AND HAVE UPDATED APPRAISAL to be adopted and signified his approval of the same by affixing his signature thereto. Passed, approved, and adopted this 16th day of June, 2020. City of Tiffin Steven L. Berner, Mayor Attest: Abigail Hora, City Clerk