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RESOLUTION NO. 1373 <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 Development <br />Plan, to acquire unencumbered fee title to the real estate identified on attachment <br />"A" in the Sample -Ewing 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 />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 offer <br />shall include an invitation to discuss the acquisition of owner's <br />property with the Department of Redevelopment within thirty (30) <br />days from mailing and notification that eminent domain proceedings <br />will be instituted immediately after said thirty (30) day period if <br />agreement is not reached on the purchase price. <br />2. In the event an agreement cannot be reached on the purchase price of <br />the property within thirty (30) days after notice of final offer, the <br />Commission hereby determines that it is necessary to proceed to <br />acquire the above - described parcels of real estate under the power of <br />eminent domain in order to carry out the Sample -Ewing Development <br />Area Development Plan and that the use for which the real estate is to <br />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 Department <br />of Redevelopment in the appropriate court of St. Joseph County, <br />Indiana, in order that appraisers be appointed to establish the value of <br />said real estate, and all other necessary and proper actions be taken to <br />accomplish the taking by eminent domain pursuant to law. <br />Adopted at the Regularly Scheduled Meeting of the South Bend <br />Ark Redevelopment Commission held on October 6, 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 />By: <br />Philip J. Fa n a, President <br />ATTEST: <br />Robert W. Hunt, Secretary <br />ML:Res1373 <br />