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REGULAR MEETING APRIL 26, 2016 158
<br />located on Chippewa Avenue, South Bend, St. Joseph County, Indiana, specifically a portion of
<br />Lots 27, 37, 38 and 39 in the Plat of Chippewa Heights, Subdivision to the City of South Bend in
<br />Plat Book 9, at Pages 35 and 70 respectively in the Office of the Recorder of St. Joseph County;
<br />and
<br />WHEREAS, the Board has further determined that to properly complete the Smart Streets
<br />Project, it is also necessary to acquire a temporary easement for right of way in certain property
<br />located on Chippewa Avenue, South Bend, St. Joseph County, Indiana, specifically a portion of
<br />Lots 27, 37, and 38 in the Plat of Chippewa Heights, Subdivision to the City of South Bend in
<br />Plat Book 9, at Pages 35 and 70 respectively in the Office of the Recorder of St. Joseph County;
<br />and
<br />WHEREAS, in accordance with Ind. Code § 32-24-2-1, acquisition of the above
<br />referenced real property (the "Properties") was initiated by the Board through administrative
<br />condemnation proceedings which ultimately resulted in a lawsuit by the City against the Property
<br />owner, Palmer Funeral Home, Inc., under Cause No. 71C01-1602-MI-000061 and against
<br />property owners K.R. Palmer and Kent' Palmer under Cause No. 71C01-1602-MI-000060
<br />(collectively "all property owners"); and
<br />WHEREAS, in order to settle the condemnation lawsuit, a settlement was reached
<br />between and among all property owners and the City, negotiated and prepared by the City
<br />Department of Law. The Settlement Agreement includes monetary compensation to all property
<br />owners in the aggregate surn of One Hundred Sixty -Throe Thousand Five Hundred Twenty -Five
<br />Dollars ($163,525.00) plus the City's conveyance to property owners K.R. Palmer and Kerry
<br />Palmer at a later time of a parcel of adjacent land, which is of no use to the City, as permitted by
<br />Ind. Code § 36-1-11-9, that is, a part of Lot Numbered 39 as shown on the recorded Plat of
<br />Chippewa Heights; 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 />1. 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, The Board further finds that the transfer of City -owned adjacent property
<br />to the property owners to facilitate resolution of the condemnation proceedings
<br />also serves a public purpose; that the City has no use for such property; and that
<br />transfer of the property to a tax -paying entity is in the best interest of the citizens
<br />of the City.
<br />3. Payment of monetary compensation to the property owners of One Hundred
<br />Sixty -Three Thousand Five Hundred Twenty -Five Dollars (S163,525.00) is
<br />approved for the value of property and other damages and costs incurred or to be
<br />incurred by the property owners' incidental to condemnation proceedings
<br />pursuant to the Settlement Agreement,
<br />4. 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
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