No. 1295 relating to acquisition of property within the WWCDA by eminent domain (Keith & Francis Nowicki)

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RESOLUTION NO. 1295 RESOLUTION RELATING TO ACQUISITION OF PROPERTY WITHIN THE WEST WASHINGTON - CHAPIN DEVELOPMENT AREA BY EMINENT DOMAIN WHEREAS, it is deemed necessary by the South Bend Redevelopment Commission, in furtherance of the West Washington- Chapin Development Area Development Plan, to acquire the real estate identified on attachment "A" in the West Washington- Chapin Development Area in the City of South Bend, Indiana. NOW THEREFORE, BE IT RESOLVED, by the South Bend Redevelopment Commission, as follows: 1. The Executive Director is authorized and directed to cause a notice and final offer in writing to be made to the owner 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 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 West Washington- Chapin 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 November 4, 1994 in Room 1308 of the County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana ATTEST: Ell .. CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT By: Paula N. Auburn