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REGULAR MEETING <br />MARCH 12, 2019 55 <br />ATTEST: <br />s/Linda M. Martin, Clerk <br />s/ Gary A. Gilot <br />s/ Therese J. Doran <br />s/ Laura L. O'Sullivan <br />ADOPT RESOLUTION NO. 08-2019 — A RESOLUTION OF THE BOARD OF PUBLIC <br />WORKS OF THE CITY OF SOUTH BEND AUTHORIZING STAFF TO EFFECTUATE THE <br />ACQUISITION OF CERTAIN REAL.., PROPERTY — SEITZ PARK AND RIVER WALK <br />IMPROVEMENTS <br />Upon a motion made by Ms. Doran, seconded by Ms. O'Sullivan and carried, the following <br />Resolution was adopted by the Board of Public Works: <br />RESOLUTION NO.08-2019 <br />A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH <br />BEND AUTHORIZING STAFF TO EFFECTUATE THE ACQUISITION OF CERTAIN <br />REAL PROPERTY <br />WHEREAS, Ind. Code 32-24-1 establishes certain statutory procedures for the <br />acquisition by a municipality of property for public use; and <br />WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board") is <br />empowered to carry out the acquisition of property pursuant to Ind. Code §§ 32-24-1-3(a) and <br />36-9-6-4, and, pursuant to Ind. Code § 36-9-6-3, has custody of and may maintain all real and <br />personal property of the City of South Bend (the "City"); and <br />WHEREAS, the City of South Bend Board of Parks Commissioners, pursuant to its <br />resolution number 0005-2017, adopted a framework for the renovation of Seitz Park, which <br />includes improvements to the existing East Bank Trail and River Walk (the "Project"); and <br />WHEREAS, the City's property rights to portions of the East Bank Trail and River Walk <br />are comprised of easements; and <br />WHEREAS, in furtherance of the Project, specifically to construct the improvements and <br />maintain the trails for the continued use and benefit of the public, and to protect the City's river <br />front for the enjoyment of future generations, the City has determined that it is in the best interest <br />of the public for the City to acquire the parcels of property constituting the un-owned portions of <br />the East Bank Trail and River Walk from the property owners (the "Properties"), which <br />Properties are more specifically set forth on Exhibit A; and <br />WHEREAS, the Board desires to authorize City staff to perform certain actions on the <br />Board's behalf to carry out its acquisition of the Properties. <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF <br />THE CITY OF SOUTH BEND AS FOLLOWS: <br />1. The Board affirms its approval of the acquisition of the Properties in furtherance <br />of the Project and to protect the City's river front. <br />2. The Board authorizes David Relos of the City's Department of Community <br />Investment to act on behalf of the Board to distribute payment, accept and present for recordation <br />deeds for the Properties, and execute on the Board's behalf any document or take on the Board's <br />behalf any action that may be required to carry out the purposes of this Resolution. <br />3. This Resolution will be in full force and effect upon its adoption. <br />ADOPTED this 12TH Day of March, 2019. <br />CITY OF SOUTH BEND <br />BOARD OF PUBLIC WORKS <br />