Resolution No 08-2019 - Authorizing Staff to Effectuate Acquisition of Certain Real Property

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RESOLUTION NO. 08-2019 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.]