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REGULAR MEETING FEBRUARY 1, 1982
<br />WHEREAS, this order was affirmed by the Division of Code
<br />Enforcement Hearing Officer on April 9, 1981, in Cause No.
<br />80-365, such order requiring the immediate demolition of
<br />the structure; and
<br />WHEREAS, Mr. and Mrs. Cheung failed to comply with
<br />the order and the Neighborhood Code Enforcement Office
<br />awarded a demolition contract to Eck Construction pursuant
<br />to I.C. 18-5-5.5-15, such contract being completed on May
<br />28, 1981, at a cost of $798.00; and
<br />WHEREAS, on April 6, 1981, Mr. and Mrs. Cheung have
<br />failed to reimburse the City for these demolition costs and
<br />its administrative expenses, pursuant to I.C. 18-5-5.5-16,
<br />the City filed a claim in the St. Joseph Superior Court,
<br />Small Claims Division, Cause No, 81SC 3785, on September 17
<br />1981, to recover these costs, the total being $998.00 plus
<br />costs; and
<br />WHEREAS, Mr. and Mrs. Cheung have failed to reimburse
<br />the City for these demolition costs and its administrative
<br />expenses, pursuant to I.C. 18-5--5.5-16, the City filed a
<br />claim in the St. Joseph Superior Court, Small Claims Division,
<br />Cause No. 81SC 3785, on September 17, 1981, to recover these
<br />costs, the total being $998.00 plus costs; and
<br />WHEREAS, on April 6, 1981, Mr. and Mrs. Cheung recorded
<br />a quit claim deed, instrument no. 8105041, purporting to
<br />convey this property to the City of South Bend, such record-
<br />ing being without the knowledge of any officer, agent, or
<br />employee of the City; and
<br />WHEREAS, the City of South Bend, by and through its
<br />Board of Public Works, expressly and unequivocally renounces
<br />acceptance of this deed; and
<br />NOW, THEREFORE, BE IT RESOLVED by the Board of Public
<br />Works of the City of South Bend that the deed recorded by
<br />Franklin and Fei Cheung on April 6, 1981, instrument no.
<br />8105041, is not accepted by the City of South Bend, and the
<br />City acknowledges no ownership interest in this property.
<br />Dated this lst day of February, 1982.
<br />CITY OF SOUTH BEND, INDIANA
<br />BOARD OF PUBLIC WORKS
<br />s/ Joseph E. Kernan
<br />ATTEST s/ John Leszczynski
<br />s/ Barbara J. Byers, Clerk
<br />Mrs. Pfotenhauer explained that the city had acquired a judgment
<br />against those properties and, without the knowledge of the city,
<br />the two properties had been deeded over to the city. She stated
<br />that owners of the properties, being Franklin and Fei Shian
<br />Cheung (1348 West Fisher) and Franklin Cheung and Gary DeFreeuw
<br />(525 Leland) failed to reimburse the city for demolition costs
<br />and administrative expenses for the properties and had sub-
<br />sequently recorded deeds conveying the above properties to
<br />the city without the city's knowledge or acceptance of same.
<br />Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan
<br />and carried, the above resolutions were adopted.
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