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L <br />RESOLUTION NO. 438 <br />RESOLUTION RELATING TO ACQUISITION OF PROPERTY BY <br />CONDEMNATION, IND. R -66, CENTRAL DOWNTOWN PROJECT <br />WHEREAS, it is deemed necessary by the Board of Commissioners of the Depart- <br />ment of Redevelopment of the City of South Bend, Indiana, in furtherance of <br />the Urban Renewal Plan, to acquire the following real estate in the urban <br />renewal area known as Ind. R =66, Downtown Project, in the City of South <br />Bend, Indiana: <br />Concurred -in <br />Parcel Number Owner Acquisition Price <br />4 -14 Daniel Clark & Evelyn B. Clark $274,209 <br />4 -15 R & V Realty, Inc. 93,818 <br />WHEREAS, the Department of Redevelopment of the City of South Bend, Indiana, <br />has made an effort to purchase the above - described property from the owners, <br />but the Department and said owners have been unable to agree as to the <br />purchase price. <br />BE IT RESOLVED, that the Executive Director cause a notice and final offer <br />in writing to be made to each of the above owners at the respective con - <br />curred -in price, which final offer shall include an invitation to discuss <br />the acquisition of owner's property with the Department of Redevelopment <br />within ten (10) days from mailing and a notification that Eminent Domain <br />proceedings will be instituted immediately after said ten (10) days period <br />if agreement cannot be reached on the purchase price within said ten (10) <br />days. <br />BE IT FURTHER RESOLVED, by -the Commissioners of the Department of Redevelop- <br />ment of the City of South Bend, Indiana, that in the event an aqreement cannot <br />be reached on the purchase of the property within ten (10) days after notice <br />of final offer, then the Commissioners do hereby determine that it is <br />necessary that they proceed to acquire the above - described parcels of real <br />estate under the power of Eminent Domain as described by the laws of the <br />State of Indiana (Burns' Indiana Statutes 1963 Replacement, Section 48 -8557) <br />in order to carry out the redevelopment plan, and that the use for which <br />the real estate is to be acquired is for the public benefit. <br />BE IT FURTHER RESOLVED, that the Commissioners' attorney, Charles W. Roemer, <br />is directed to file a complaint after said ten (10) day period in the name <br />of the City of South Bend, Indiana, on behalf of the Department of Redevelop- <br />ment in the appropriate Court of St. Joseph County, Indiana, in order <br />that appraisers be appointed to establish the value of said real estate, <br />pursuant to law. <br />Adopted at the Regular Meeting of the South Bend Redevelopment Commission <br />held on February 2, 1973, in the Office of the Commission, 1200 County -City <br />Building, 227 West Jefferson Boulevard, South Bend, Indiana, 46601. <br />ATTEST: <br />"RevWiV. WiTliams, Secretary <br />SEAL <br />CITY OF SOUTH BEND <br />DEPARTMENT OF REDEVELOPMENT <br />Fre J. e m n, President <br />