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RESOLUTION NO. 1390 <br />RESOLUTION RELATED TO ACQUISITION OF PROPERTY IN THE <br />SAMPLE -EWING DEVELOPMENT AREA BY EMINENT DOMAIN. <br />WHEREAS, it is deemed necessary by the South Bend Redevelopment <br />Commission, in furtherance of the Sample -Ewing Development Area <br />Development Plan, to acquire unencumbered fee title to the real estate <br />identified on attachment "A" in the Sample -Ewing Development Area in the City <br />of South Bend, Indiana. <br />NOW, THEREFORE, BE IT RESOLVED, by the South Bend Redevelopment <br />Commission, as follows: <br />1. The Executive Director is authorized and directed to cause a notice <br />and final offer in writing to be made to the owner(s) identified on <br />Attachment "A" at the respective concurred -on price, which final <br />offer shall include an invitation to discuss the acquisition of <br />owner's property with the Department of Redevelopment within <br />thirty (30) days from mailing and notification that eminent domain <br />proceedings will be instituted immediately after said thirty (30) day <br />period if agreement is not reached on the purchase price. <br />2. In the event an agreement cannot be reached on the purchase <br />price of the property within thirty (30) days after notice of final <br />offer, the Commission hereby determines that it is necessary to <br />proceed to acquire the above - described parcels of real estate under <br />the power of eminent domain in order to carry out the Sample - <br />Ewing Development Area Development Plan and that the use for <br />which the real estate is to be acquired is for the public benefit. <br />3. The Commission's attorney is authorized and directed to file a <br />complaint, after the thirty (30) day period described herein, in the <br />name of the City of South Bend, Indiana, on behalf of the <br />Department of Redevelopment in the appropriate court of St. <br />Joseph County, Indiana, in order that appraisers be appointed to <br />establish the value of said real estate, and all other necessary and <br />proper actions be taken to accomplish the taking by eminent <br />domain pursuant to law. <br />Adopted at the Regularly Scheduled Meeting of the South Bend <br />Redevelopment Commission held on November 17, 1995 at 1308 County -City <br />Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. <br />CITY OF SOUTH BEND <br />DEPARTMENT OF REDEVELOPMENT <br />.AT . President <br />ATTEST: <br />Robert W. HUI Secretary <br />PAM \res1390 <br />