No. 0335 relating to acquisition of property by condemnation, IND R-66, Central Downtown Project (Sands, Elmer J. Peak Estate, Monica M. Peak Executrix)

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WHEREAS, of Redev, Urban Re area kno, P 9-7 10 -3 14 -2 WHEREAS, made an e the Depa price. RESOLUTION NO. 335 RESOLUTION RELATING TO ACQUISITION OF PROPERTY BY CONDEMNATION, IND. R -66, CENTRAL DOWNTOWN PROJECT it is deemed necessary by the Board of Commissioners of the Department lopment of the City of South Bend, Indiana, in furtherance of the ewal Plan, to acquire the following real estate in the urban renewal a as Ind. R -66 - Downtown Project, in the City of South Bend, Indiana: Owner Concurred -In Acquisition Price George Sands 68,804 Elmer J. Peak Estate $64,055 Monica M. Peak, Executrix 29,835 the Department of Redevelopment of the City of South Bend, Indiana, has 'fort to purchase the above - described property from the owners, but -tment and said owners have been unable to agree as to the purchase BE IT RE 0LVED, that the Executive Director cause a notice and final offer in writi g to be made to each of the above owners at the respective con- curred ia price, which final offer shall include an invitation to discuss the acquisition of owner's property with the Department of Redevelopment within tan (10) days from mailing and a notification that Eminent Domain proceedi gs 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 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 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 acqu'red is for the public benefit. BE IT FURTHER RESOLVED, that the Commissioners' attorney, Bruce C. Hammerschmidt, is directed to file a complaint after said ten (10) days period in the name of the Cit3 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 appo nted to establish the value of said real estate, pursuant to law. Adopted at on Feb r ar South B nd Attest: the Regular Meeting of the South Bend Redevelopment Commission, held 5, 1971, in the Office of the Commission, 1200 County -City Building, Indiana 46601. . Witlie V. SEAL liams, Secretary CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT De a J. i elm, President