11/26/13 Board of Public Works Meeting

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REGULAR MEETING NOVEMBER 26, 2013 354 simple title to a portion of the real estate known as Parcel 4412 of the Project (The "Fee Portion"), together with a temporary right of way (Parcel 4412A of the Project) (the "Temporary Portion") (collectively the "Appropriation Property") and more particularly described in Exhibit "A" and Exhibit "A-]" and depicted in Exhibit "B", said exhibits being attached hereto and incorporated herein; and WHEREAS, the Appropriation Property is a portion of the parcel commonly known as 4412 Fellows Street, located in the City of South Bend, St. Joseph County, Indiana, (the "Property"); and WHEREAS, the Property is owned by Raymond H. Unruh, individually and as surviving spouse of Dorothy M. Unruh (deceased on August 31, 2006) by virtue of a Warranty Deed dated August 21, 1985, and recorded on August 23, 1985, as Instrument No. 8517691 in the Office of the Recorder of St. Joseph County, Indiana; and WHEREAS, the Appropriation Property will be used by the City during construction of the Project; and WHEREAS, the Board has previously employed and authorized DLZ INDIANA, LLC ("DLZ") to present and negotiate offers for the Property on behalf of the Board subject to the Board's final approval of any negotiated purchase of the Property; and WHEREAS, the owner has rejected the offer made by DLZ and has declined to make a counter-offer; and NOW, THEREFORE, BE IT RESOLVED, by the City of South Bend, Indiana, Board of Public Works, as follows: 1. The Board hereby finds that the Project and the appropriation of the Appropriation Property will serve a public purpose, will be of benefit to the health or general welfare of the unit, and be in the best interest of the citizens of the City and that it is necessary for the City to appropriate the Appropriation Property for the use of the municipality in order to complete the Project. 2. The Board hereby authorizes the filing of eminent domain proceedings in order to condemn and appropriate the interests in the Appropriation Property and directs the Corporation Counsel, by an Assistant City Attorney to cause said eminent domain proceedings to be filed. 3. DLZ is further authorized to continue negotiation efforts; however, any negotiated purchase shall be subject to the Board's final approval. ADOPTED at a meeting of the City of South Bend, Indiana, Board of Public Works held on November 26, 2013, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ David P. Relos s/ Kathryn E. Roos s/ Mark W. Neal s/ Patrick Henthorn ATTEST: s/Linda M. Martin, Clerk ADOPT RESOLUTION NO. 66-2013 — A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY Upon a motion made by Ms. Roos, seconded by Mr. Relos and carried, the following Resolution was adopted by the Board of Public Works: