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1316 COUNTY -CITY BIALDING <br />227 W, JEFFER50N BOULEVARD <br />SOUTH BEND, INDIANA 46601-1830 <br />PHONE 574/235-9251 <br />FAx 574l235-9171 <br />TDD 574/ 235-5567 <br />CITY OF SOUTH BEND STEPHEN J. LUECKF, MAYOR <br />DEPARTMENT OF PUBLIC WORKS <br />GAuv A. GILoT, P.E. <br />DIRECTOR OF PUBLIC WORKS <br />TO: Mr. Al X. Zielinski PROJECT: North Falls Church Court <br />Mrs. Nancy A. Zielinski Drainage Improvement <br />1302 East Jackson Road PARCEL: 1 <br />South Bend, Indiana 46614 ROAD: N/A <br />COUNTY: St. Joseph <br />The City of South Bend, Indiana is authorized by Indiana law to obtain your land and/or <br />an easement across your land for certain public purposes. The City of South Bend, <br />Indiana believes that it may need your land fora public drainage improvement loro'ect, <br />described or known as the North Falls Church Court Drainage Improvement Project and <br />would like to purchase the land and/or easement as described on the attached legal <br />description. <br />Per our discussions with you, the City of South Bend, Indiana offers you $3,500.00 and <br />the rights to the remains of the Walnut Tree in the rear of the yard (if the tree is removed <br />during construction) for the above -described property and/or easement. Within the next <br />two (2) weeks, we ask that you formally accept or reject this offer. If you accept this <br />offer, you may expect payment in full within ninety (90�days after signing the documents <br />accepting this offer and executing the easement, and provided there are no difficulties in <br />clearing liens or other problems with title to the land. Possession will be required thirty <br />(30) days after you have received your payment in full. <br />Any improvements or items within the proposed easement, which you are responsible for <br />moving, must be removed within 30 days of the date, you are paid. At the end of that 30- <br />day period, any items remaining on the right-of-way become encroachments. Pursuant to <br />Indiana law, the City of South Bend, Indiana has the right to remove any encroaclunents <br />from its right-of-way after giving the owner proper notice. Further, any cost incurred by <br />the City while removing such items will be assessed to the owner. Even if the City is <br />acquiring a fee simple interest in your property, you will be responsible for all taxes due <br />and owing on the property and any 2007 pay 2008 taxes assessed on the property prior to <br />our ownership of it. <br />By law, you do not have to accept this offer, and you have the right to seek advice of an <br />attorney, real estate appraiser or any other person of your choice on this matter. By <br />accepting this offer you acknowledge that the compensation you are receiving is just <br />compensation and are waiving any rights you may have to your compensation based upon <br />.ENGINEERING <br />ENv]RONMENTAL SERVICES <br />CENTRAL SERVICES <br />STREETS <br />WATERWORKS <br />CARL DTTRELL, P.E. <br />joliN J. DILLON, PH.D. <br />MATT CHLEBOWSIG <br />SAM HENSLEY <br />JOHN E STANcAn <br />574/235-9251 <br />574/277-8515 <br />574/235-9316 <br />574/235-9244 <br />574/235-9322 <br />FAx 574/235-9171 <br />FAx 574/277-8980 <br />FAx 574/235-9007 <br />FAx 5741235-9272 <br />FAx 574/235-9728 <br />