No. 1036 relating to acquisition of property within the Studebaker Corridor Developmebnt Area by eminent domain

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N 14 RESOLUTION NO. 1036 RESOLUTION RELATING TO ACQUISITION OF PROPERTY WITHIN THE STUDEBAKER CORRIDOR DEVELOPMENT AREA BY EMINENT DOMAIN WHEREAS, it is deemed necessary by the South Bend Redevelopment Commission, in furtherance of the Studebaker Corridor Development Area Development Plan, to acquire the real estate identified on Exhibit "A" in the Studebaker Corridor Development Area in the City of South Bend, Indiana; and WHEREAS, the owners of the real estate identified on Exhibit "A" have offered to sell the real estate to the Redevelopment Commission under the terms and conditions of their separate, equivalent, offer letters, attached as Exhibit "B ". NOW THEREFORE, BE IT RESOLVED, by the South Bend Redevelopment Commission, as follows: 1. The South Bend Redevelopment Commission accepts the offer to sell the real estate described on Exhibit "A" under the terms listed on Exhibit "B ". The offering price is hereby found to be consistent with the fair market value of the property as established by two independent appraisers. 2. In the event the agreement on the purchase of the property cannot be consummated within sixty (60) days after notice of this acceptance, the Commission hereby determines that it is necessary to proceed to acquire the parcel of real estate described on Exhibit "A" under the power of eminent domain in order to carry out the Studebaker Corridor Development Area Development Plan and that the use for which the real estate is to be acquired is for the public benefit, and hereby directs the Director, in the eventuality, to cause a notice and final offer in writing to be made to the owners. 3. The Commission's attorney is authorized and directed to file a complaint, after the sixty (60) 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 appriasers 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 January 10, 1992 in the office of the Commission, 1200 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. Michael Donoho, Secretary CITY OF SOUTH BEND, INDIANA REDEVELOPMENT COMMISSION Paula N. Auburn, President