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REGULAR MEETING OCTOBER 25, 2010 327
<br />RESOLUTION NO. 67-2010
<br />A RESOLUTION OF
<br />THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS
<br />DETERMINING THE AWARD OF DAMAGES SUSTAINED
<br />TO PROPERTY LOCATED IN THE CITY OF SOUTH BEND,
<br />INDIANA, DUE TO THE EXERCISE OF EMINENT DOMAIN
<br />(1050 Burns Avenue, South Bend, Indiana)
<br />WHEREAS, on July 12, 2010, the Board of Public Works of the City of South Bend,
<br />Indiana (the "Board ") adopted Resolution No. 43 -2010, entitled "A Resolution Of The City Of
<br />South Bend Board Of Public Works Confirming Acquisition Of Property In The City Of South
<br />Bend, Indiana (Eddy Knolls Right of Way Street Project) " which confirmed the Board's intent
<br />and desire to acquire property as set forth in Exhibit "A" (the "Property "), said Exhibit being
<br />attached hereto and incorporated herein and which was conclusive as to all persons; and
<br />WHEREAS, Resolution No. 43 -2010, further directed the Staff to prepare a list of all the
<br />property owners or holders of the Property, and of interests in it, sought to be acquired or to be
<br />injuriously affected by the resolution and to file such list with the Board for further consideration
<br />as to the damages, if any, and the benefits, if any, resulting to such owners or holders by reason
<br />of the appropriation as by law provided; and
<br />WHEREAS, the Staff prepared and filed with the Board a report as directed by
<br />Resolution No. 43 -2010, setting forth the fair market values of said Property as indicated in the
<br />form attached hereto; and
<br />WHEREAS, the Board has considered the Staff's report and the appraisals, and finds that
<br />the amount of damages as indicated should be paid to the owner of the Property on account of
<br />the Board's acquisition of the Property; and
<br />NOW, THEREFORE, BE IT RESOLVED, by the City of South Bend, Indiana, Board of
<br />Public Works, as follows:
<br />1. The Board now awards damages sustained to the Owner of the Property in the
<br />amounts specified in Exhibit "A" on account of the Board's acquisition of the
<br />Property situated in St. Joseph County, State of Indiana.
<br />2. The Staff of the Board is authorized and directed to cause written notices of this
<br />Resolution to be served upon the owners of record of the Property showing the
<br />amount of the damages awarded herein and setting this Resolution for further
<br />consideration on November 8, 2010, at 10:30 a.m. in Room 1308, County -City
<br />Building, 227 West Jefferson Boulevard, South Bend, Indiana, at which time and
<br />place the Board will receive or hear remonstrances from persons with regard to
<br />their respective awards, if any, and take final action sustaining or modifying the
<br />awards established in this Resolution.
<br />3. Persons disagreeing with the awards made herein must file a remonstrance in
<br />writing on or before 10:30 a.m. on November 8, 2010.
<br />4. In the absence of a written remonstrance, the Board shall confirm and sustain the
<br />awards as specified herein.
<br />5. This Resolution shall be in full force and effect upon its adoption.
<br />ADOPTED at a meeting of the City of South Bend, Indiana, Board of Public Works held
<br />on October 25, 2010, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend,
<br />Indiana 46601.
<br />CITY OF SOUTH BEND
<br />BOARD OF PUBLIC WORKS
<br />s /Gary Gilot, President
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