No. 2148 related to acquisition of property in the SSDA by eminent domain (David & Teresa Frye, 4209 S. Main St.)

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RESOLUTION NO. 2148 RESOLUTION RELATED TO ACQUISITION OF PROPERTY IN THE SOUTH SIDE DEVELOPMENT AREA BY EMINENT DOMAIN. WHEREAS, it is deemed necessary by the South Bend Redevelopment Commission, in furtherance of the South Side Development Area Development Plan, to acquire unencumbered fee title to the real estate identified on attachment "A" in the South Side Development Area in the City of South Bend, Indiana. NOW, THEREFORE, BE IT RESOLVED, by the South Bend Redevelopment Commission, as follows: The Executive Director is authorized and directed to cause a notice and final offer in writing to be made to the owner(s) identified on Attachment "A" at the respective concurred -on price, which final offer shall include an invitation to discuss the acquisition of owner's property with the Department of Redevelopment within thirty (30) days from mailing and notification that eminent domain proceedings will be instituted immediately after said thirty (30) day period if agreement is not reached on the purchase price. 2. In the event an agreement cannot be reached on the purchase price of the property within thirty (30) days after notice of final offer, the Commission hereby determines that it is necessary to proceed to acquire the above - described parcels of real estate under the power of eminent domain in order to carry out the South Side Development Area Development Plan and that the use for which the real estate is to be acquired is for the public benefit. 3. The Commission's attorney is authorized and directed to file a complaint, after the thirty (30) day period described herein, in the name of the City of South Bend, Indiana, on behalf of the Department of Redevelopment in the appropriate court of St. Joseph County, Indiana, in order that appraisers be appointed to establish the value of said real estate, and all other necessary and proper actions be taken to accomplish the taking by eminent domain pursuant to law. Adopted at the Regular Meeting of the South Bend Redevelopment Commission held on March 4, 2005, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. ATTEST: Robert W. Hunt, Secretary SOUTH CITY OF ! 1EPARTMENT OF ! i• Marcia I. • - • -