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<br /> <br />RESOLUTION NO. 34-2020 <br />A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC <br />WORKS APPROVING SETTLEMENT OF CONDEMNATION CLAIM <br /> <br />WHEREAS, the City of South Bend, Indiana, Board of Public Works (the “Board”) exists <br />pursuant to Indiana Code Section 36-4-9-5, holds real property owned by the City of South Bend, <br />Indiana (the “City”) pursuant to Indiana Code Section 36-9-6-3, and is authorized to acquire by <br />condemnation or purchase real or personal property needed by the City for public use pursuant to <br />Indiana Code Section 36-9-6-4; and <br /> <br />WHEREAS, the City has been working through the Board and the Department of <br />Community Investment ("DCI") to plan and develop a multi-use trail along an abandoned railway <br />corridor that once brought coal to the University of Notre Dame campus (the "Coal Line Trail"); <br />and <br />WHEREAS, the City, through its agents, has been acquiring properties along the Coal Line <br />Trail for the development, including a 10.48 acre parcel and an abandoned railway bridge over the <br />St. Joseph River (the "Property") owned by Norfolk Southern Railway Company ("NSRC"); <br />WHEREAS, negotiations with NSRC failed, and the City through the Board filed a <br />condemnation complaint against NSRC for the Property; <br />WHEREAS, on December 9, 2020, the City, represented by DCI and members of the <br />Department of Law, engaged in a mediation with NSRC for the purchase of the Property and <br />settled upon a purchase price therefor, which purchase price has been approved by the Mayor. <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTH BEND, INDIANA, <br />BOARD OF PUBLIC WORKS AS FOLLOWS: <br /> <br />1. The Board hereby ratifies and approves the acquisition of the Property at the <br />mediated purchase price of Six Hundred Thousand Dollars ($600,000.00). <br /> <br />2. The Board authorizes members of the Department of Law to negotiate the <br />remaining terms of the settlement agreement on its behalf. <br /> <br />3. The President and Clerk of the Board, or their designees, are authorized and <br />instructed to execute and attest, respectively, the final settlement agreement as negotiated by the <br />Department of Law and executed by Corporation Counsel. <br /> <br />4. This Resolution will be in full force and effect upon its adoption by the Board. <br /> <br /> <br />Signature Page Follows <br /> <br /> <br />