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REGULAR MEETING NOVEMBER 8,2010 343
<br />shouldn't be using this process, but the process cited by Mr. Masters is for private properties and
<br />that is clearly not the case in this instance. He added that Mr. Masters has not offered an
<br />alternative amount for damages even after receiving an approved offer of $209,900.00. Board
<br />Attorney Cheryl Greene stated that a drawing has been provided to the Board showing how the
<br />properties are included in the public right-of-way, Mr. Inks questioned Mr. Masters if there are
<br />thoughts as to appropriate damages. Mr. Masters stated it is not his client's burden to come up
<br />with an amount. He added there should be three appraisals if following appropriate procedures.
<br />Mr. Gilot questioned whether the $209,900.00 amount is for damages and relocation. Ms. Hedy
<br />Robinson, Community and Economic Development confirmed that it was and it was based on
<br />comparable properties within a six (6) mile radius. She noted had they used comparables in the
<br />surrounding area of Mr. Curry's property, the appraisals would have been much lower. Mr. Gilot
<br />asked if there was anyone else present that wished to speak and finding there was not, he closed
<br />the Public Hearing. Mr. Inks made a motion the Board approve the award of damages for the
<br />property at 1050 Burns Avenue in the amount of $114,000.00 through Resolution No. 71 -2010.
<br />Mr. Gilot seconded the motion, which carried, and the following resolution was approved:
<br />RESOLUTION NO. 71-2010
<br />A RESOLUTION OF
<br />THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS
<br />FINALIZING 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 June 14, 2010, the Board of Public Works of the City of South Bend,
<br />Indiana (the "Board ") adopted Resolution No. 38 -2010, entitled "A Resolution of the City of
<br />South Bend Board of Public Works Related to Acquisition of Property in the City of South Bend,
<br />Indiana (Eddy Knolls Right of Way Street Project) " which determined the Board's intent and
<br />desire to acquire the property located at 1054 -1056 Burns Avenue, South Bend, Indiana (the
<br />"Property "); and
<br />WHEREAS, on July 12, 2010, the Board of Public Works of the City of South Bend,
<br />Indiana adopted Resolution No. 43 -2010, entitled "A Resolution of the City of South Bend Board
<br />of Public Works Confirming Acquisition of Property in the City of South Bend, Indiana (Eddy
<br />Knolls Right of Way Street Project) " which confirmed the Board's intent and desire to acquire
<br />the Property and which was conclusive as to all persons; and
<br />WHEREAS, on October 25, 2010, the Board of Public Works of the City of South Bend,
<br />Indiana adopted Resolution No. 67 -2010, entitled "A Resolution of the City of South Bend Board
<br />of Public Works Determining the Award of Damages Sustained to Property Located in the City
<br />of South Bend, Indiana, Due to the Exercise of Eminent Domain (1050 Burns Avenue, South
<br />Bend, Indiana) " which established the amount of damages to be paid based upon the City's
<br />information and which set a public hearing on November 8, 2010, for the Board to hear any
<br />remonstrance to the Board's action in Resolution No. 67 -2010; and
<br />WHEREAS, the property owner(s) having been served on October 28, 2010, with notice
<br />of the public hearing scheduled for November 8, 2010, and the Board, having heard any
<br />remonstrances filed in opposition to the Board's action in Resolution No. 67 -2010, now deems
<br />itself fully advised as to the damages resulting to such owners by reason of the appropriation as
<br />by law provided;
<br />NOW, THEREFORE, BE IT RESOLVED, by the City of South Bend, Indiana, Board
<br />of Public Works, as follows:
<br />1. The Board now modifies Resolution No. 67 -2010 and awards damages sustained
<br />to the Owner(s) of the Property in the amount of $114,000.00 on account of the
<br />Board's acquisition of the Property.
<br />2. A person remonstrating in writing who is aggrieved by this decision may, not later
<br />than twenty (20) days after the date of this decision, take an appeal to a court that
<br />has jurisdiction in St. Joseph County.
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