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RESOLUTION NO. 1206 <br />RESOLUTION RELATING 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 Commission, <br />in furtherance of the Sample -Ewing Development Area Development Plan, to acquire <br />unencumbered fee title to the real estate identified on attachment "A" in the Sample -Ewing <br />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 and final <br />offer in writing to be made to the owner(s) identified on Attachment "A" at the <br />respective concurred -on price, which final offer shall include an invitation to <br />discuss the acquisition of owner's property with the Department of <br />Redevelopment within thirty (30) days from mailing and notification that <br />eminent domain proceedings will be instituted immediately after and said thirty <br />(30) day period if agreement is not reached on the purchase price. <br />2. In the event an agreement cannot be reached on the purchase price of the <br />property within thirty (30) days after notice of final offer, the Commission <br />hereby determines that it is necessary to proceed to acquire the above - described <br />parcels of real estate under the power of eminent domain in order to carry out <br />the Sample -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 complaint, after <br />the thirty (30) day period described herein, in the name of the City of South <br />Bend, Indiana, on behalf of the Department of Redevelopment in the <br />appropriate court of St. Joseph County, Indiana, in order that appraisers be <br />appointed to establish the value of said real estate, and all other necessary and <br />proper actions be taken to accomplish the taking by eminent domain pursuant to <br />law. <br />Adopted at the Regular Meeting of the South Bend Redevelopment Commission held <br />on December 17, 1993 at 1308 County -City Building, 227 West Jefferson Boulevard, South <br />Bend, Indiana 46601. <br />ATTEST: <br />Theo F. Sharp, Secretary <br />ML:Resl206 <br />CITY OF SOUTH BEND <br />DEPARTMENT OF REDEVELOPMENT <br />By: j, /L <br />Paula N. Auburn, President <br />