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t 4,:IF <br />Resolution No. 2242 <br />A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT <br />COMMISSION APPROVING A FORM OF MEMORANDUM OF <br />UNDERSTANDING TO PROVIDE FOR THE ACQUISITION OF <br />RIGHT OF WAY FOR THE IRELAND ROAD PROJECT <br />WHEREAS, the South Bend Redevelopment Commission ( "Commission") is the <br />governing body of the City of South Bend Department of Redevelopment and pursuant to <br />I.C. 36- 7 -14 -11 has the duty to promote the use of land in a manner that best serves the <br />interests of the City of South Bend and its inhabitants; and <br />WHEREAS, the Commission has previously declared an area known as the South <br />Side Development Area ( "Area ") to be blighted within the meaning of I.C. 36 -7 -14 and <br />has undertaken a number of redevelopment projects in the Area consistent with the <br />powers and duties granted the Commission by Indiana law; and <br />WHEREAS, pursuant to I.C. 36- 9 -6 -3, the Board of Public Works of the City of <br />South Bend ( "Board ") has custody of and may maintain all real property of the City of <br />South Bend; and <br />WHEREAS, the Commission has an interest in acquiring a certain parcel of <br />properly currently owned by Wennigsen, LLC located within the South Side <br />Development Area ( "Right of Way Parcel ") for the purpose of permitting the City <br />through the Board in constructing certain right -of -way improvements ( "City <br />Improvements ") in order to facilitate the Commission's redevelopment efforts in the <br />Area; and <br />WHEREAS, in order for the Board and the Commission to meet their respective <br />obligations for construction of the City Improvements and redevelopment projects on- <br />going in the Area, the City, through the Board, requires immediate access to the Right of <br />Way Parcel; and <br />WHEREAS, Wennigsen has agreed to convey its interest in the Right of Way <br />Parcel to City conditioned upon Wennigsen's ability to enter into a 103 1 Like -Kind <br />exchange with the City whereby Wennigsen acquires a piece of property, which is due <br />H:\ WPData \Resolutions\RESCOMMPR2242 SSDAKokokuWireTransaction.doc <br />