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1 <br /> <br />RESOLUTION NO. 10-2021 <br /> <br />A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF <br />SOUTH BEND, INDIANA AUTHORIZING STAFF TO EFFECTUATE THE <br />ACQUISITION OF CERTAIN REAL PROPERTY <br /> <br /> WHEREAS, Ind. Code 32-24-1 establishes certain statutory procedures for the acquisition <br />by a municipality of property for public use; and <br /> <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 36- <br />9-6-4, and, pursuant to Ind. Code § 36-9-6-3, has custody of and may maintain all real and personal <br />property of the City of South Bend (the “City”); and <br /> <br />WHEREAS, the Board, on behalf of the City, entered into a Purchase Agreement with <br />Norfolk Southern Railway Company ("Norfolk Southern") for the purchase of certain property <br />commonly known as the Coal Line, more particularly described on Exhibit A (the "Property"), for <br />the purpose of developing a multi-use trail (the “Project”); and <br /> <br />WHEREAS, the City and Norfolk Southern are ready to close the transaction; and <br /> <br />WHEREAS, the Board desires to authorize City staff to perform certain actions on the <br />Board’s behalf to complete its acquisition of the Property. <br /> <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF <br />THE CITY OF SOUTH BEND AS FOLLOWS: <br /> <br />1. The Board reaffirms its approval of the acquisition of the Property in furtherance <br />of the Project. <br /> <br />2. The Board authorizes David Relos or Tim Corcoran of the City’s Department of <br />Community Investment to act on behalf of the Board to distribute payment, accept and present for <br />recordation the deed for the Property, and execute on the Board’s behalf any document or take on <br />the Board’s behalf any action that may be required to complete the acquisition of the Property and <br />carry out the purposes of this Resolution. <br /> <br />3. This Resolution will be in full force and effect upon its adoption. <br /> <br /> <br />[Signature page follows.] <br /> <br /> <br /> <br /> <br />