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a RESOLUTION NO. 2229 <br />RESOLUTION RELATED TO ACQUISITION OF PROPERTY IN THE SAMPLE -EWING <br />DEVELOPMENT AREA BY EMINENT DOMAIN <br />WHEREAS, it is deemed necessary by the South Bend Redevelopment Commission, in <br />furtherance of the Sample -Ewing Development Area Development Plan, to acquire <br />unencumbered fee title to the real estate identified on Attachment "A" in the Sample -Ewing <br />Development Area in the City of South Bend, Indiana. <br />NOW, THEREFORE, BE IT RESOLVED, by the South Bend Redevelopment <br />Commission, as follows: <br />The Executive Director is authorized and directed to cause a notice and final offer <br />in writing to be made to the owner identified on Attachment "A" at the respective <br />concurred -on price, which final offer shall include an invitation to discuss the <br />acquisition of owner's property with the Department of Redevelopment within <br />thirty (30) days from mailing and notification that eminent domain proceedings <br />will be instituted immediately after said thirty (30) day period if agreement is not <br />reached on the purchase price. <br />2. In the event an agreement cannot be reached on the purchase price of the property <br />within thirty (30) days notice of final offer, the Commission hereby determines <br />that it is necessary to proceed to acquire the above - described parcels of real estate <br />under the power of eminent domain in order to carry out the Sample -Ewing <br />Development Area Development Plan and that the use for which the real estate is <br />to be acquired is for the public benefit. <br />3. The Commission's attorney is authorized and directed to file a complaint, after the <br />thirty (3 0) day period described herein, in the name of the City of South Bend, <br />Indiana, on behalf of the Department of Redevelopment in the appropriate court of <br />St. Joseph County, Indiana, in order that appraisers be appointed to establish the <br />value of said real estate, and all other necessary and proper actions be taken to <br />accomplish the taking by eminent domain pursuant to law. <br />0 <br />