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RESOLUTION NO. 38 <br />• RESOLUTION RELATING TO ACQUISITION OF PROPERTY WITHIN THE <br />AIRPORT ECONOMIC DEVELOPMENT AREA BY EMINENT DOMAIN <br />WHEREAS, pursuant to Resolution No. 965 and Resolution <br />No. 971, the South Bend Redevelopment Commission ("Commission"), in <br />furtherance of the Airport Economic Development Area Development <br />Plan, deemed necessary the acquisition of the real estate <br />identified on Attachment "A" (Real Estate) in the Airport Economic <br />Development Area in the City of South Bend, Indiana. <br />NOW THEREFORE, BE IT RESOLVED, by the South Bend <br />Redevelopment Authority, as follows: <br />1. That the Real Estate is hereby found to be necessary or <br />considered useful in connection with the Airport Economic <br />Development Area Development Plan, and that the same <br />should be acquired by the Redevelopment Authority in <br />furtherance of that Plan. <br />2. That the appointment by the Commission of appraisers, as <br />identified on Attachment "A" hereto, to appraise the Real <br />Estate is hereby ratified by the Authority and the <br />respective appraisals shall be and hereby are ratified <br />and accepted by the Authority for its own purposes, <br />including their use in the establishment of an offering <br />price for the Real Estate under the procedures governing <br />the purchase of such real estate by the Authority. <br />3. That the Executive Director is authorized and directed to <br />cause a notice and final offer in writing to be made to <br />the owner(s) identified on Attachment "A" at the <br />respective concurred-in price, which final offer shall <br />include an invitation to discuss the acquisition of <br />owner's property with the Department of Redevelopment <br />within thirty (30) days from mailing and notification <br />that eminent domain proceedings will be instituted <br />immediately after said thirty (30) day period if <br />agreement is not reached on the purchase price. <br />4. That in the event an agreement cannot be reached on the <br />purchase of the property within thirty (30) days after <br />notice of final offer, the Authority hereby determines <br />that it is necessary to proceed to acquire the Real <br />Estate under the power of eminent domain in order to <br />carry out the Airport Economic Development Area <br />Development Plan and that the use for which the Real <br />Estate is to be acquired is for the public benefit. <br />• <br />