No. 0738 relating to acquisition of property by condemnation, East Bank Development Area (Char-King, Inc.)

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v ; RESOLUTION NO. 738 RESOLUTION RELATING TO ACQUISITION OF PROPERTY BY CONDEMNATION, EAST BANK DEVELOPMENT AREA WHEREAS, it is deemed necessary by the Board of Commissioners of the Department of Redevelopment of the City of South Bend, Indiana, in furtherance of the East Bank Development Plan, to acquire the real estate identified on Attachment "A" in the East Bank Development Area in the City of South Bend, Indiana. NOW, THEREFORE, BE IT RESOLVED, that 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 -in 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 a notification that Eminent Domain proceedings will be instituted immediately after said thirty (30) day period if agreement cannot be reached on the purchase price within said thirty (30) days. BE IT FURTHER RESOLVED, by the Commissioners of the Department of Redevelopment of the City of South Bend, Indiana, that in the event an agreement cannot be reached on the purchase of the property within thirty (30) days after notice of final offer, then the Commissioners do hereby determine that it is necessary that they proceed to acquire the above - described parcels of real estate under the power of Eminent Domain as described by the laws of the State of Indiana (Indiana Code 36- 7 -14 -1, et seq.) in order to carry out the East Bank Development Plan, and that the use for which the real estate is to be acquired is for the public benefit. BE IT FURTHER RESOLVED, that the Commissioners' attorney is authorized and directed to file a complaint after said thirty (30) day period 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, pursuant to law. Adopted at the Regular Meeting of the South Bend Redevelopment Commission held on May 24, 1985 in the office of the Commission, 1200 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT r F. Jay Nimtz, Preside Attest: Q • Roman Piasec 1, ecre ary