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REGULAR MEETING OCTOBER 22, 2013 316
<br />Attorney Larry Meteiver stated Mr. Tim Jackson, DLZ, provided written notice of the Public
<br />Hearing and provided letters to the adjoining property owners with copies of the Notice. He
<br />stated the just compensation for the property was found to be $109.86 based on the square
<br />footage of the lot. Mr. Gilot noted previous discussions were had regarding the minimum level
<br />INDOT has established for right -of -way acquisition of property. Mr. Meteiver stated tNDOT has
<br />established a minimum amount of $400.00 as a guideline for right -of -way property acquisition.
<br />He noted that guideline has been used on other parcels for this project. Mr. Gilot stated the city
<br />should stay consistent and follow that guideline in this case also. Therefore, upon a motion made
<br />by Ms. Roos, seconded by Mr. Relos and carried, the Board approved the award of $400.00 for
<br />the right -of -way easement for the property. Mr. Meteiver stated there are two parts to this award,
<br />the establishment of the amount and the approval to split the award 50/50 between the two
<br />adjoining property owners. Therefore, Ms. Roos made a motion to amend her previous motion,
<br />and to split the award equally between the two property owners, awarding $200.00 to each. Mr.
<br />Relos seconded the motion, which carried, and the following Resolution was adopted by the
<br />Board of Public Works:
<br />RESOLUTION NO. 58 -2013
<br />A RESOLUTION OF
<br />THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS
<br />FINALIZING THE AWARD OF DAMAGES SUSTAINED
<br />TO PROPERTY LOCATED IN THE CITY OF SOUTH BEND,
<br />INDIANA, DUE TO THE EXERCISE OF EMINENT DOMAIN
<br />(Fellows Street Corridor Improvement Project)
<br />WHEREAS, on August 27, 2013, the Board of Public Works of the City of South Bend,
<br />Indiana (the `Board ") adopted Resolution No. 49 -2013, entitled "A Resolution of the City of
<br />South Bend Board of Public Works Related to Acquisition of a Temporary Interest in Property in
<br />the City of South Bend, Indiana (Fellows Street Corridor Improvement Project) " which
<br />determined the Board's intent and desire to acquire a temporary interest in the property located
<br />between 4234 Fellows Street and 4302 Fellows Street, South Bend, Indiana (the "Property"); and
<br />WHEREAS, on September 10, 2013, the Board of Public Works of the City of South
<br />Bend, Indiana adopted Resolution No. 51 -2013, entitled "A Resolution of the City of South Bend
<br />Board of Public Works Confirming Acquisition of a Temporary Interest in Property in the City of
<br />South Bend, Indiana (Fellows Street Corridor Improvement Project)" which confirmed the
<br />Board's intent and desire to acquire a temporary interest in the Property and which was
<br />conclusive as to all persons; and
<br />WHEREAS, on September 24, 2013, the Board of Public Works of the City of South
<br />Bend, Indiana adopted Resolution No. 54 -2013, entitled "A Resolution of the City of South Bend
<br />Board of Public Works Determining the Award ofDamages Sustained to Property Located in the
<br />City of South Bend, Indiana, Due to the Acquisition of a Temporary Interest (Fellows Street
<br />Corridor Improvement Project)" which established the amount of damages to be paid based
<br />upon the City's information and which set a public hearing on October 22, 2013, for the Board to
<br />hear any remonstrance to the Board's action in Resolution No. 54 -2013; and
<br />WHEREAS, the abutting property owners having been personally notified of the public
<br />hearing scheduled for October 22, 2013, and the Board, having heard any remonstrances filed in
<br />response to the Board's action in Resolution No. 54 -2013, now deems itself fully advised as to
<br />the damages resulting to such owners by reason of the appropriation as by law provided;
<br />NOW, THEREFORE, BE IT RESOLVED, by the City of South Bend, Indiana, Board
<br />of Public Works, as follows:
<br />The Board now modifies Resolution No. 54 -2013 and, in accordance with INDOT
<br />guidelines, awards damages of Four Hundred and no /100 Dollars ($400.00)
<br />sustained to the Property as follows:
<br />Two Hundred and no /100 Dollars ($200.00) to Matthew J. Dyer & Anne
<br />Pilkington, 4234 Fellows St., South Bend, IN 46614;
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