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REGULAR MEETING <br />ATTEST: <br />s /Linda Martin, Clerk <br />s /Carl Littrell <br />s/Donald Inks <br />Exhibit "A" <br />OCTOBER 25, 2010 328 <br />LIST OF OWNERS OR HOLDERS <br />RIGHT OF WAY PROPERTY SOUGHT TO BE ACQUIRED <br />AND DAMAGES AWARDED <br />Owner <br />Type of <br />Awarded <br />(per tax rolls) <br />Address <br />Tax Key No. <br />Interest <br />Damages <br />N. Wayne <br />1050 Burns Avenue <br />018 -5099 -3500 <br />Permanent <br />$209,900.00 <br />Curry, Jr. <br />Taking <br />ADOPT RESOLUTION NO. 68 -2010 - A RESOLUTION OF THE CITY OF SOUTH BEND <br />BOARD OF PUBLIC WORKS DETERMINING THE AWARD OF DAMAGES SUSTAINED <br />TO PROPERTY LOCATED IN THE CITY OF SOUTH BEND INDIANA DUE TO THE <br />EXERCISE OF EMINENT DOMAIN <br />Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the following Resolution <br />was adopted by the Board of Public Works: <br />RESOLUTION NO. 68 - 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 />(1054 -1056 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 />is <br />