HomeMy WebLinkAboutStaff Authorization Resolution River Walk Properties 0304191
RESOLUTION NO. ____-2019
A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH
BEND AUTHORIZING STAFF TO EFFECTUATE THE ACQUISITION OF CERTAIN
REAL PROPERTY
WHEREAS, Ind. Code 32-24-1 establishes certain statutory procedures for the acquisition
by a municipality of property for public use; and
WHEREAS, the City of South Bend, Indiana, Board of Public Works (the “Board”) is
empowered to carry out the acquisition of property pursuant to Ind. Code §§ 32-24-1-3(a) and 36-
9-6-4, and, pursuant to Ind. Code § 36-9-6-3, has custody of and may maintain all real and personal
property of the City of South Bend (the “City”); and
WHEREAS, the City of South Bend Board of Parks Commissioners, pursuant to its
resolution number 0005-2017, adopted a framework for the renovation of Seitz Park, which
includes improvements to the existing East Bank Trail and River Walk (the “Project”); and
WHEREAS, the City’s property rights to portions of the East Bank Trail and River Walk
are comprised of easements; and
WHEREAS, in furtherance of the Project, specifically to construct the improvements and
maintain the trails for the continued use and benefit of the public, and to protect the City’s river
front for the enjoyment of future generations, the City has determined that it is in the best interest
of the public for the City to acquire the parcels of property constituting the unowned portions of
the East Bank Trail and River Walk from the property owners (the “Properties”), which Properties
are more specifically set forth on Exhibit A; and
WHEREAS, the Board desires to authorize City staff to perform certain actions on the
Board’s behalf to carry out its acquisition of the Properties.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF
THE CITY OF SOUTH BEND AS FOLLOWS:
1. The Board affirms its approval of the acquisition of the Properties in furtherance of
the Project and to protect the City’s river front.
2. The Board authorizes David Relos of the City’s Department of Community
Investment to act on behalf of the Board to distribute payment, accept and present for recordation
deeds for the Properties, and execute on the Board’s behalf any document or take on the Board’s
behalf any action that may be required to carry out the purposes of this Resolution.
3. This Resolution will be in full force and effect upon its adoption.
[Signature page follows.]
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ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana,
held on March 12, 2019, at 1308 County-City Building, 227 West Jefferson Boulevard, South
Bend, Indiana 46601.
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
________________________________
Gary Gilot, President
________________________________
Therese Dorau, Member
________________________________
Suzanna Fritzberg, Member
________________________________
Elizabeth Maradik, Member
________________________________
Laura O’Sullivan, Member
ATTEST:
________________________________
Linda Martin, Clerk
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EXHIBIT A
Properties
(Survey land labeled as EXHIBT B on following 11 pages)