No. 1223 relating to acquisition of property in the SEDA by eminent domain

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RESOLUTION NO. 1223 RESOLUTION RELATING TO ACQUISITION OF PROPERTY IN THE SAMPLE -EWING DEVELOPMENT AREA BY EMINENT DOMAIN WHEREAS, it is deemed necessary by the South Bend Redevelopment Commission, in furtherance of the Sample -Ewing Development Area Development Plan, to acquire unencumbered fee title to the real estate identified on attachment "A" in the Sample -Ewing 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(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 and 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 Sample -Ewing 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. 4. This Resolution supersedes Resolution No. 1196, adopted October 15, 1993, Resolution No. 1200, adopted November 5, 1993, Resolution No. 1201, adopted November 15, 1993, Resolution No. 1203, adopted December 3, 1993, and Resolution No. 1206, adopted December 17, 1993, by the South Bend Redevelopment commission: Provided, however, that all actions taken pursuant to said Resolutions, including but not limited to the extension of offers to purchase real property, discussions concerning the same, and real property acquisitions are hereby ratified. Adopted at the Regular Meeting of the South Bend Redevelopment Commission held on February 4, 1994, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF OUTH BEND DEPAR OF REDEVEL,PMENT By : � / L1 .. Paula N. Auburn, President ATTEST- Theo F. Sffiarp, Seceetary