No. 0358 relating to acquisition of property by condemnation, IND R-66, Central Downtown Project (Ault)

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WHEREAS, it Redevelopmei Plan, to acs R -66 - Down Parcel RESOLUTION NO. 358 RESOLUTION RELATING TO ACQUISITION OF PROPERTY BY CONDEMNATION, IND. R -66, CENTRAL DOWNTOWN PROJECT is deemed necessary by the Board of Commissioners of the Department of it of the City of South Bend, Indiana, in furtherance of the Urban Renewal luire the following real estate in the urban renewal area known as Ind. :own Project, in the City of South Bend, Indiana: WHEREAS, th Department of an effort to purchase the and said ow hers have been Owner Concurred -In Acquisition Price Nelson L. Ault, Jr. & Virginia Ault $67,499 Redevelopment of the City of South Bend, Indiana has made above - described property from the owners, but the Department 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) day period if agreement cannot be reached on the purchase price within said ten (10) days. BE IT FURTH R 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 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 de- scribed 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 public benefit. BE IT FURTHER RESOLVED, that the Commissioner's attorney, Bruce C. Hammerschmidt, 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 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 7, 1971, in the Office of the Commission, 1200 County -City Building, South Bend, Indiana 466 1. Attest: v. SEAL W001 I/ �X ams, Secretary CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT Dean. Wilhelm, President