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REGULAR MEETING NOVEMBER 82010 344
<br />The Clerk of the Board is authorized to execute a "Certificate of Taking" and a
<br />"Clerk's Deed" in the form tendered to the Board by the Assistant City Attorney.
<br />4. This Resolution shall be in full force and effect upon its adoption and is subject to
<br />the appeal rights stated above.
<br />ADOPTED at a meeting of the City of South Bend, Indiana, Board of Public Works held
<br />on November 8, 2010, at 1308 County -City Building, 227 West Jefferson Boulevard, South
<br />Bend, Indiana 46601.
<br />CITY OF SOUTH BEND
<br />BOARD OF PUBLIC WORKS
<br />s /Gary Gilot, President
<br />s /Carl Littrell, Member
<br />s /Donald Inks, Member
<br />ATTEST:
<br />s /Linda Martin, Clerk
<br />PUBLIC HEARING - RESOLUTION NO. 72 -2010 W --1054 — 1056 BURNS AVENUE
<br />Mr. Gilot opened the Public Hearing, advising that this was the date set for the Board's Public
<br />Hearing concerning Resolution No. 72 -2010, Award of Damages on Account of Exercise of
<br />Eminent Domain at 1054 - 1056 Burns Avenue. Attorney Larry Meteiver noted this is very
<br />similar to the prior matter of Resolution No. 71 -2010, for property at 1050 Burns Avenue. The
<br />first offer to the property owners, Sam and Betty Kariuki was on June 17, 2010 in the amount of
<br />$74,000.00. Subsequent negotiations with staff and appraisals based on a six (6) mile radius
<br />resulted in an offer of $145,000.00 on September 10, 2010, to include relocation. Mr. Masters
<br />stated without repeating everything already said, remonstrances have been filed in a timely
<br />manner and now it is up to the Board to decide what procedure they will follow. Board Attorney
<br />Cheryl Greene requested that Mr. Master's arguments be included in the record, just as the
<br />Board's arguments be included. Mr. Gilot questioned whether comparables had been looked at in
<br />this neighborhood. Ms. Hedy Robinson, Community and Economic Development, stated they
<br />looked at a six (6) mile radius. She noted had they looked in the immediate neighborhood, the
<br />comparables would have come in lower. Mr. Gilot stated if there was nobody else that wished to
<br />speak on the matter, he would close the Public Hearing. Therefore, Mr. Inks made a motion that
<br />the Board approve the award of damages for the taking of property located at 1054 -1056 Burns
<br />Avenue in the amount of $74,000.00 in the form of Resolution No. 72 -2010. Mr. Gilot seconded
<br />the motion, which carried, and the following Resolution was approved:
<br />RESOLUTION NO. 72-2010
<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 />(1054 -1056 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
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