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REGULAR MEETING SEPTEMBER 24 2013 282
<br />Upon a motion made by Mr. Relos, seconded by Ms. Roos and carried, the following Resolution
<br />was adopted by the Board of Public Works:
<br />RESOLUTION NO. 54-2013
<br />A RESOLUTION OF THE CITY OF SOUTH BEND
<br />BOARD OF PUBLIC WORKS DETERMINING THE AWARD
<br />OF DAMAGES SUSTAINED TO PROPERTY LOCATED
<br />IN THE CITY OF SOUTH BEND, INDIANA, DUE TO
<br />THE ACQUISITION OF A TEMPORARY INTEREST
<br />(Fellows Street Corridor Improvement Project)
<br />WIIEREAS, on September 10, 2013, the Board of Public Works of the City of South
<br />Bend, Indiana (the "Board ") adopted Resolution No. 51 -2013, entitled "A Resolution Of The City
<br />Of South Bend Board Of Public Works Confirming Acquisition Of A Temporary Interest In
<br />Property In The City Of South Bend, Indiana (Fellows Street Corridor Improvement Project)"
<br />which confirmed the Board's intent and desire to acquire a temporary interest in property
<br />described in Exhibit `A" (the "Property "), said Exhibit being attached hereto and incorporated
<br />herein and which Resolution was conclusive as to all persons; and
<br />WHEREAS, Resolution No. 51 -2013, further directed the Staff to prepare a list of all the
<br />property owners or holders of the Property, and of interests in it, sought to be acquired or to be
<br />injuriously affected by the resolution and to file such list with the Board for further consideration
<br />as to the damages, if any, and the benefits, if any, resulting to such owners or holders by reason
<br />of the appropriation as by law provided: and
<br />WHEREAS, the Staff prepared and tiled with the Board a report as directed by
<br />Resolution No. 51 -2013, setting forth the fair market value of the Temporary Interest acquired in
<br />said Property as indicated in the form attached hereto as Exhibit "B''. and
<br />WHEREAS, the Board has considered the Stall's report and finds that the amount of
<br />damages as indicated should be paid to such owner or holder of the Property as may be shown on
<br />account of the Board's acquisition of the Property; and
<br />NOW, THEREFORE, BE IT RESOLVED, by the City of South Bend, Indiana, Board of
<br />Public Works, as follows:
<br />1. The Board now awards damages sustained to such owner or holder as may be
<br />shown of the Property in the amounts specified in Exhibit "B" on account of the
<br />Board's acquisition of a temporary interest in the Property situated in St. Joseph
<br />County, Stale of Indiana.
<br />2. The Staff of the Board is authorized and directed to cause written notices of this
<br />Resolution to be served upon the individuals who may claim an interest in the
<br />Property showing the amount of the damages awarded herein and setting this
<br />Resolution for further consideration on October 22, 2013, at 9:30 am. in Room
<br />1308, County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana,
<br />at which time and place the Board will receive or hear remonstrances from
<br />persons with regard to their respective awards, if any, and take final action
<br />sustaining or modifying the awards established in this Resolution.
<br />3. Persons disagreeing with the awards made herein must file a remonstrance in
<br />writing on or before 9:00 a.m. on October 22, 2013.
<br />4. In the absence of a written remonstrance, the Board shall confirm and sustain the
<br />awards as specified herein.
<br />5. This Resolution shall be in full force and effect upon its adoption.
<br />ADOPTED at a meeting of the City of South Bend, Indiana, Board of Public Works held
<br />on September 24, 2013, at 1308 County -City Building, 227 West Jefferson Boulevard, South
<br />Bend, Indiana 46601.
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