Resolution No 08-2022 - Authorizing Acquisition of Property for East Bank Trail Project

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INTER-OFFICE MEMORANDUM Department of Law City of South Bend 227 W Jefferson Blvd TO: FROM: SUBJECT: DATE: Board of Public Works, Theresa Heffner, Clara McDaniels Sandra Kennedy, Corporation Counsel Resolution 08-2022 – Authorizing Acquisition of Property February 11, 2022 Members of the Board, Ms. Heffner, and Ms. McDaniels: As you may know, the City, through the Board, is acquiring properties on the East Bank Trail in which it currently has an easement interest. The acquisition will allow the City better maintenance access to the property, as well as to control erosion along the riverbank. Further, it better protects and preserves the riverfront for public use. The City’s Department of Law, on behalf of the Board, filed a condemnation action against property along the Emporium building in order to address safety concerns at and under the Jefferson Boulevard Bridge. The court appointed appraisers valued the damages to the Emporium property due to this taking at $136,000, and the court has issued an order requiring the City to pay this amount. Further, the fees for the court ordered appraisal totaled $55,800, and the court has also ordered the City to pay these fees. We are requesting that the Board of Public Works authorize the staff of City’s Legal Department to effectuate the payment of the $136,000 damages amount and the appraisers’ fees. We also are asking that the Board authorize Andrew Netter of the City’s Department of Community Investment to perform or cause the performance of any action necessary to secure a deed or other document of transfer to the property.