No. 1059 relating to acquisition of property withing the West Washington/Chapin Development Area by eminent domain

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RESOLUTION NO. 1059 RESOLUTION RELATING TO ACQUISITION OF PROPERTY WITHIN THE WEST WASHINGTON /CHAPIN DEVELOPMENT AREA BY EMINENT DOMAIN WHEREAS, the real estate identified at Attachment "A" hereto, situated in the West Washington /Chapin Development Area, is needed for the redevelopment of the Area in furtherance of the West Washington /Chapin Area Development Plan; and WHEREAS, the South Bend Redevelopment Commission, pursuant to I.C. 36- 7- 04- 12.2(a)(1) is authorized to acquire by purchase or condemnation any interest in real property needed for the redevelopment of blighted areas. NOW THEREFORE, BE IT RESOLVED, by the South Bend Redevelopment Commission, as follows: 1. The Director of Redevelopment of the City of South Bend, as agent for the South Bend Redevelopment Commission, is authorized and directed to cause a notice and final offer in writing to be made to the parties identified on Attachment "A" at the respective concurred -on price, which final offer shall include an invitation to discuss the acquisition of all interests in the 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 all interests in the property within thirty (30) days after notice of final offer, the Commission hereby determines that it is necessary to proceed to acquire any and all interests in the above - described parcels of real estate not presently vested in the City of South Bend, for the use and benefit of its Department of Redevelopment, under the power of eminent domain in order to carry out the West Washington /Chapin Development Area 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 May 8, 1992, in the office of the Commission, 1200 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND DEPAR NTO))F RED DE)VELOPMnENT Paula N. Auburn, President A EST: Michael Donoho, Secretary