Resolution No 17-2018 - Authorizing Staff to Effectuate the Aquisition of Certain Real Property

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RESOLUTION NO. 17-2018 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND AUTHORIZING STAFF TO EFFECTUATE THE ACQUISITION OF CERTAIN REAL PROPERTY WHEREAS, Ind.. Code 32-24-1 establishes certain statutory procedures for the acquisition by a municipality of property for public use; and WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board") is empowered to carry out the acquisition of property pursuant to Ind. Code 32-24-1, and, pursuant to Ind. Code § 36-9-6-3, has custody of and may maintain all real and personal property of the City of South Bend (the "City"); and WHEREAS, on February 28, 2017, the Board approved a Professional Services Agreement (the "Agreement") with DLZ Indiana, LLC ("DLZ"), which Agreement provided for the provision of certain services for improvements to and benefitting the South Bend City Cemetery (the "Project"), including right-of-way acquisition services for up to five (5) residential properties along Colfax Street, W. La Salle Avenue, and Elm Street, identified as Parcel Nos. 018-1040- 1736; 018-1040-173601; 018-1040-1738; 018-1040-1741; and 018-1040-1742 (collectively, the "Properties"); and WHEREAS, in furtherance of the Project, and pursuant to Section A1.02(A)(5) of Exhibit A to the Agreement, DLZ agreed to coordinate with the Board for closing services and distribution of payment for the acquisition of the Properties; and WHEREAS, the Board desires to authorize City staff to perform certain actions on the Board's behalf to carry out its acquisition of the Properties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND AS FOLLOWS: 1. The Board affirms its approval of the acquisition of the Properties through the procedures set forth in the Agreement. 2. The Board authorizes David Relos of the City's Department of Community Investment to act on behalf of the Board to distribute payment, accept and present for recordation deeds for the Properties, and execute on the Board's behalf any document or take on the Board's behalf any action that may be required to carry out the purposes of this Resolution. 3. This Resolution will be in full force and effect upon its adoption. [Signature page follows.] 1