Resolution No 08-2022 - Authorizing Acquisition of Property for East Bank Trail Project

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1 RESOLUTION NO. 08-2022 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING STAFF TO EFFECTUATE THE ACQUISITION OF CERTAIN REAL PROPERTY WHEREAS, Ind. Code 32-24-1 establishes certain statutory procedures for the acquisition by a municipality of property for public use; and WHEREAS, the City of South Bend, Indiana, Board of Public Works (the “Board”) is empowered to carry out the acquisition of property pursuant to Ind. Code §§ 32-24-1-3(a) and 36- 9-6-4, and, pursuant to Ind. Code § 36-9-6-3, has custody of and may maintain all real and personal property of the City of South Bend (the “City”); and WHEREAS, the City’s Department of Law, as authorized by and on behalf of the Board, commenced a condemnation action against 121 River Race LLC ("Property Owner") for the acquisition of certain riverfront property for the improvement of the City’s multi-use trail, commonly known as the East Bank Trail (the “Project”), more particularly described on Exhibit A and depicted on Exhibit B (the "Property); and WHEREAS, as a part of the court proceedings, appraisers were appointed and determined the value of the Property at One Hundred Thirty-Six Thousand Dollars ($136,000), including damages to the Property Owner as a result of the taking (the “Appraisal Amount”); and WHEREAS, the court issued an order on December 10, 2021, requiring the City to pay the Appraisal Amount plus the appraisal fees of Fifty-Five Thousand Eight Hundred Dollars ($55,800); and WHEREAS, the Board desires to authorize City staff to perform certain actions on the Board’s behalf to complete its acquisition of the Property, including but not limited to paying the Appraisal Amount and associated fees. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND AS FOLLOWS: 1. The Board reaffirms its approval of the acquisition of the Property in furtherance of the Project. 2. The Board authorizes any member of the City’s Department of Law to act on its behalf to distribute payment of the Appraisal Amount and the associated fees. 3. The Board further authorizes Andrew Netter of the City’s Department of Community Investment to accept and present for recordation the deed or other document of transfer for the Property and execute on the Board’s behalf any document or take on the Board’s behalf any action that may be required to complete the acquisition of the Property and carry out the purposes of this Resolution.