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No. 3125 Approving and authorizing the execution of an Addendum to the Master Agency Agreement (Ireland Right of Way Acquisition Services - Supplement #1)
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No. 3125 Approving and authorizing the execution of an Addendum to the Master Agency Agreement (Ireland Right of Way Acquisition Services - Supplement #1)
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Page 2 <br />Project: 102 -006 Parcel: 7/7A <br />HERE IS A BRIEF SUMMARY OF YOUR OPTIONS AND LEGALLY PROTECTED RIGHTS: <br />I. By law, the South Bend Board of Public Works is required to make a good faith effort to <br />purchase your property. <br />2. You do not have to accept this offer and the South Bend Board of Public Works is not required to <br />agree to your demands. <br />3. However, if you do not accept this offer, and we cannot come to an agreement on the acquisition <br />of your property, the South Bend Board of Public Works has the right to file suit to condemn, <br />and acquire the property in the county in which the real estate is located. <br />4. You have the right to seek advice of an attorney, real estate appraiser or any other person of your <br />choice on this matter. <br />5. You may object to the public purpose and necessity of this project. <br />6. If the South Bend Board of Public Works files a suit to condemn and acquire your property and <br />the court grants its request to condemn, the court will then appoint three appraisers who will <br />make an independent appraisal of the property to be acquired. <br />7. If we both agree with the court appraisers' report, then the matter is settled. However, if either <br />of us disagrees with the appraisers' report to the court, either of us has the right to ask for a trial <br />to decide what should be paid to you for the property condemned. <br />8. If the court appraisers' report is not accepted by either of us, then the South Bend Board of <br />Public Works has the legal option of depositing the amount of the court appraisers' evaluation <br />with the court. And if such a deposit is made with the court, the South Bend Board of Public <br />Works is legally entitled to immediate possession of the property. You may, subject to the <br />approval of the court, make withdrawals from the amount deposited with court. Your withdrawal <br />will in no way affect the proceedings of your case in court, except that, if the final judgment <br />awarded you is less than the withdrawal you have made from the amount deposited, you will be <br />required to pay back to the court the amount of the withdrawal in excess of the amount of the <br />final judgment. <br />
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