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REGULAR MEETING APRIL 26. 2016 160 <br />owner, Southgate Church Inc. d/b/a Southgate Church ("the Church"), under Cause No. 71C01- <br />1602-MI-000044; and <br />WHEREAS, in order to resolve the condemnation lawsuit, a settlement was reached <br />between the Church and the City, negotiated and prepared by the City Department of Law. The <br />Settlement Agreement includes monetary compensation to the Church of Sixteen Thousand <br />Nine -Hundred Dollars ($16,900.00) for the fee simple and temporary easement interests plus <br />additional compensation in the maximum sum of One Hundred Twenty Five Thousand, Six <br />Hundred Forty-six dollars ($125,646.00) for the damages and other costs to the Church caused <br />by the City's acquisition of Church real property; and <br />WHEREAS, the Board desires to acquire the Properties per the Release and Settlement <br />Agreement, and to designate David Relos of this Board and of the City Department of <br />Community Investments, to execute on behalf of the City the property conveyance instruments <br />required and contemplated by the Settlement Agreement <br />NOW, THEREFORE, BE IT RESOLVED, by the City of South Bend, Indiana, Board of <br />Public Works, as follows: <br />L The Board hereby finds that the acquisition of the Properties for the Smart <br />Streets Project serves a public purpose, will be of benefit to the health or general <br />welfare of the City, and is in the best interest of the citizens of the City, and that <br />acquiring the Properties is necessary in order to properly complete the Smart <br />Streets Project. <br />2. Payment of monetary compensation to the Church is approved pursuant to the <br />Settlement Agreement consisting of Sixteen Thousand Nine -Hundred Dollars <br />(S16,900.00) for the fee simple and temporary easement interests, plus additional <br />compensation in the maximum sum of One Hundred Twenty Five Thousand, Six <br />Hundred Forty-six dollars ($125,646.00) for the damages and other costs to the <br />Church caused by the City's acquisition of the Church's real property. <br />3. The Board hereby designates David Relos of this Board to execute on <br />behalf of the City and this Board all appropriate documents and instruments of <br />property conveyance as required by the Settlement Agreement unless required <br />differently by law. <br />Adopted at the meeting of the City of South Bend, Indiana, Board of Public Works held <br />on April 26, 2016, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, <br />Indiana 46601 <br />CITY OF SOUTH BEND <br />BOARD OF PUBLIC WORKS <br />s Gary A. Gilot <br />s/ David P. Relos <br />s/ Elizabeth A. Maradik <br />s/ Therese J. Dorau <br />s/James A. Mueller <br />ATTEST: <br />s/Linda M. Martin, Clerk <br />ADOPT RESOLUTION NO 26-2016 — A RESOLUTION OF THE SOUTH BEND BOARD <br />OF PUBLIC WORKS ON THE DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY <br />Upon a motion made by Ms. Maradik, seconded by Mr. Relos and carried, the following <br />Resolution was adopted by the Board of Public Works: <br />RESOLUTION NO. 26-2016 <br />A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS <br />ON DISPOSAL OF UNFIT AND/OR OBSOLETE. PROPERTY <br />FIREFIGHTER FIRE IIELMET AND BOOTS <br />