No. 0431 relating to acquisition of property by condemnation, Merry Avenue Project

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0 0 RESOLUTION NO. 431 RESOLUTION RELATING TO ACQUISITION OF PROPERTY BY CONDEMNATION, MERRY AVENUE PROJECT WHEREAS, it is deemed necessary by the Board of Commissioners of the Department of Redevelopment of the City of South Bend, Indiana, in further- ance of the Urban Renewal Plan, to acquire the following real estate in the urban renewal area known as Merry Avenue Project, in the City of South Bend, Indiana: Concurred -in Parcel Number Owner Acquisition Price 1 -1 Sarah Rogers and Arthur Samuels $1,000 1 -2 Sarah Rogers and Arthur Samuels 1,000 1 -6 Sarah Rogers and Arthur Samuels 6,125 WHEREAS, the Department of Redevelopment of the City of South Bend, Indiana has made an effort to purchase the above - described property from the owners, but the Department and said owners have been unable to agree as to the purchase price. BE IT RESOLVED, that the Executive Director cause a notice and final offer in writing to be made to each of the above owners 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 ten (10) days from mailing and a notification that Eminent Domain proceedings will be instituted immediately after said ten (10) days period if agreement cannot be reached on the purchase price within said ten (10) days. BE IT FURTHER RESOLVED, By the Commissioners of the Department of Re- development of the City of South Bend, Indiana, that in the event an agree- ment cannot be reached on the purchase of the property within ten (10) 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 (Burns Indiana Statutes 1963 Replacement, Section 48 -8557) in order to carry out the redevelopment 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, James A. Roemer, is directed to file a complaint after said ten (10) days period in the name of the City of South Bend, Indiana, on behalf of the Department of Redevelop- ment 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 November 17, 1972, in the Office of the Commission, County -City Building, South Bend, Indiana. CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT �Fre J. men, I resident Attest: Rev. Willie V. Williams, Secretary (SEAL)