R-96-06RESOLUTION NO. R -96 - 0 6
RESOLUTION APPROVING SETTLEMENT OF LITIGATION
WHEREAS, the Village of Deerfield is an Illinois Home Rule municipality exercising
home rule powers pursuant to the Illinois Constitution of 1970; and
WHEREAS, pursuant to Ordinance 95 -04 adopted January 16, 1995, the Corporate
Authorities of the Village of Deerfield authorized an acquisition of certain property within the
Village limits of the Village of Deerfield through condemnation or otherwise; and
WHEREAS, pursuant to said Ordinance 95 -04, the cases known as 95 ED 7, 95 ED 8 and
95 ED 9 were filed and are now pending in the Circuit Court of Lake County, Illinois; (the
"Litigation ") and
WHEREAS, all matters at issue in the Litigation have been resolved between the parties
thereto upon the terms and conditions more specifically as set forth in Exhibit A attached hereto
and made a part hereof, and the Corporate Authorities of the Village of Deerfield desire to
approve said terms and conditions.
NOW THEREFORE BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES,
ILLINOIS, AS FOLLOWS:
SECTION The terms and conditions of settlement for cases known as 95 ED 7,
ONE: 95 ED 8, and 95 ED 9 as set forth in Exhibit A attached hereto and made a
part hereof are hereby approved and authorized.
SECTION That the Special Counsel for the Village of Deerfield is hereby authorized
TWO: and directed to obtain a Final Judgment Order in the Litigation
consistent with the terms and conditions set forth on Exhibit A hereto.
JKS 104399 . 1 June 17, 1996
RESOLUTION APPROVING SETTLEMENT OF LITIGATION
SECTION That the Village Manager be authorized and directed to take such other
THREE: action as may be required to fully effectuate the terms of conditions of the
settlement of the Litigation set forth in Exhibit A hereto to facilitate the
acquisition of the properties more particularly described therein.
AYES: Ehlers, Rosenthal, Seidman, Swartz (4)
NAYS: None (0 )
ABSENT: Heuberger, Swanson (2)
PASSED this 17thday of June , A.D., 1996.
APPROVED this 17thday of June , A.D., 1996.
VILLAGE PRESIDE T (Pro Tem)
J
VILLAGE CLERK (Deputy)
JKS 104399 . 1 June 17, 1996
41:_1
IN THE CIRCUIT COURT FOR THE NINETEENTH JUDICIAL CIRCUIT
LAKE COUNTY, WAUKEGAN, ILLINOIS
VILLAGE OF DEERFIELD,
a municipal corporation,
VS.
ALMON J. FROST and
UNKNOWN OWNERS,
Plaintiff,
Defendants.
No. 95 ED 7
CONDEMNATION
JURY DEMAND
AMENDED COMPLAINT FOR CONDEMNATION JUN 2 5 1996
Plaintiff VILLAGE OF DEERFIELD, a municipal corporation (" 1 tiff" "th .:
Village"), by its attorneys, JACK M. SIEGEL, P.C. and ALTHEEN4ER & GRAV }WetAi�l��?K�
represents unto this Honorable Court as follows:
COUNT I - 759 OSTERMAN PARCEL
1. Plaintiff is a municipal corporation of the State of Illinois exercising powers granted
to it by the constitution and laws of the State of Illinois.
2. Pursuant to the provisions of Section 11- 74.4 -1 et seq.
of the Illinois Municipal Code, as amended, known as the Tax Increment Allocation Redevelopment
Act, 65 ILCS 5/11- 74.4 -1 et M. (1994), the Village is authorized to adopt and approve tax
increment redevelopment plans and redevelopment projects.
3. Pursuant to the statutory authority aforesaid, the Village by Ordinance No. 0 -86 -66
adopted December 15, 1986, approved a Village of Deerfield Village Center Project Area
Redevelopment Plan (a Tax Increment Redevelopment Plan and Redevelopment Project) (the
"Project ") for the territory described in the Project.
,l
4. Pursuant to the statutory authority aforesaid, the Village by Ordinance No. 0 -86 -67
adopted December 15, 1986, adopted tax increment allocation financing for the Project.
Pursuant to the provisions of Section 11- 74.4 -4(c) of the Illinois Municipal Code, as
amended, 65 ILCS 5/11- 74.4 -4(c) (1994), the Village is authorized to acquire by the exercise of the
power of eminent domain all real or personal property within the redevelopment project area for the
purposes of implementing its redevelopment project.
The Village has determined by Ordinance No. 0 -95 -07 passed and approved February
21, 1995, that the acquisition of fee simple title to the real property described in paragraph 8 hereof
(the "Subject Property ") located in Project Area for use as part of the redevelopment project
commonly known as the Village Center Project Area is necessary, required and needed, as a public
use to effectuate the said redevelopment project of Plaintiff.
7. The Village has undertaken to negotiate for the purpose of acquiring fee simple title to
the Subject Property, but has been unable to agree with the owners or parties in interest of such
property as to the compensation to be paid for, or in respect to, the Subject Property.
8. The Village now seeks to acquire fee simple title in and to the real property,
commonly known as 759 Osterman Avenue, Deerfield, Illinois 60015, together with all improvements
and appurtenances attached to and part of said real estate, and legally described as follows:
LOT 3 (EXCEPT THE EAST 40 FEET THEREOF) IN BLOCK 3 IN
HALL AND OSTERMAN'S ADDITION TO THE TOWN OF
DEERFIELD, IN THE NORTHEAST 1/4 OF SECTION 32 AND
THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 43 NORTH,
RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED JUNE 2,
1874, IN BOOK "A" OF PLATS, PAGE 16, IN LAKE COUNTY,
ILLINOIS.
excepting therefrom the following:
(a) Rights of the public, State of Illinois and the Municipality, and
adjoining owners, if any, in and to that part of the Subject Property in
question falling in streets, alleys, roads or highways;
� ` s
(b) Rights of any public or quasi- public utilities, if any, for
maintenance therein of poles, conduits, sewers, etc. in streets and
alleys.
9. The names of the parties interested in the Subject Property as owners, or otherwise,
as appearing of record and insofar as otherwise known to the Village are as follows:
ALMON J. FROST
UNKNOWN OWNERS
10. It is unknown whether or not all of the persons named parties defendant to this
Complaint are living or dead, and upon due and diligent inquiry it cannot be ascertained whether or
not such defendants are living or dead; that if any such parties named as defendants are dead, the
heirs or devisees of such parties have or may have or claim some right, title, interest or lien, in, to,
or upon the Subject Property or some part thereof described in this Complaint; the names of such
persons, or the name of any of them who would be the heirs or devisees of such persons who are
named parties defendant to this Complaint as above, and who are dead, are unknown, and upon due
and diligent inquiry cannot be ascertained, and they are, therefore, named parties defendant to this
Complaint by the name and description of "Unknown Owners ".
11. There are or may be persons other than those named as parties defendant in this
Complaint who do, or may claim some private right, title or interest, in fee or some lesser estate,
vested or contingent, in reversion, remainder or expectancy or some charge or lien or some inchoate
or consummate dower or dower right, or as creditors of, or claimants against the estates of such
persons heretofore named who may have died, or of the heirs or devisees of such persons, to or upon
the real estate, or some part or parts thereof, described in this Complaint whose names are unknown
and upon due and diligent inquiry cannot be ascertained, and the Village, therefore, makes all such
persons parties defendant to this Complaint by the name and description of "Unknown Owners".
12. There are defendants herein who may be under guardianship and defendants herein
who may have conservators, but the names of the guardians of such defendants under guardianship,
and the names of the conservators of such defendants having conservators, are unknown and upon due
and diligent inquiry cannot be ascertained, and, therefore, the persons who are such guardians and
conservators are made parties defendant to this Complaint by the name and description of "Unknown
Owners ".
13. There are or may be certain persons other than those whose names are specifically
mentioned in this Complaint who are or claim to be interested in the subject matter of this suit or in
the Subject Property or some part thereof described in this Complaint as the respective present or
former spouses of persons named as defendants herein in paragraph 9 hereof; the names of such
spouses are unknown to the Village and on due and diligent inquiry cannot be ascertained, and all.
such spouses are therefore made parties defendant to this Complaint"by the name and description of
"Unknown Owners ".
14. There are, or may be, persons in possession of each of the parcels of real property
hereinbefore described, other than those hereinbefore named as parties defendant; the names of such
other persons are unknown to Plaintiff, and upon due and diligent inquiry cannot be ascertained, and,
therefore, they are made
parties defendant to this Complaint by the name and description of "Unknown Owners ".
15. In addition to the persons named as parties defendant herein, there are or may be
other persons who are interested in this cause or the Subject Property hereinbefore described, or some
part or parts thereof, or may have or may claim some right, title or interest in the Subject Property,
but the name of each of such other persons is unknown and upon due and diligent inquiry cannot be
ascertained and therefore all such other persons are made parties defendant to this Complaint by the
name and description of "Unknown Owners ".
16. In addition to the persons named parties defendant herein, there are or may be persons
not in being who upon coming into being are or may become or may claim to be entitled to an
interest in the Subject Property hereinbefore described, or some part thereof, but the names of all
such persons not in being are unknown, and upon due and diligent inquiry cannot be ascertained, and
therefore all such persons not in being are made parties defendant to this Complaint by the name and
description of "Unknown Owners ".
prays:
WHEREFORE, the Plaintiff VILLAGE OF DEERFIELD, a municipal corporation,
A. That summons may issue to the above parties defendant, and that.due and proper
notice according to law may be given to the owners of and parties interested in, and the "Unknown
Owners" of said real property as described aforesaid;
B. That the respective rights and interest of the respective parties hereinabove named as
defendants may be inquired into and ascertained by this Court;
C. That the just compensation which the Village of Deerfield shall pay to the owner or
owners of and party or parties interested in said real property for the acquisition of fee simple title
thereto for the use thereof by the Village may be determined and ascertained according to law after
trial by jury;
D. That said compensation shall be paid to the parties entitled thereto, or'to the County
Treasurer of Lake County,
within a reasonable time to be fixed by this Court; and
E. That such other or further proceedings may be had and taken in the premises, and
such judgment, orders or other relief be entered as may be appropriate fully and completely:
1. To vest the Village with fee simple title to all of the real property hereinabove
described, improvements thereon and appurtenances thereto, and all interest therein and rights
incident thereto of every kind and nature, free and clear of all claims, liens, easements and all other
rights of whatsoever character, except as may be excluded as set forth in paragraph 8 hereto;
2. To vest the Village with all right, title and interest whatsoever of the
defendants hereto and persons claiming under them in and to the streets and alleys which abut upon
any and all parcels hereinabove described; and
3. To secure full possession and use of all of said real property in the Village by
means of orders for writs of assistance or otherwise;
F. That this Court may order the distribution of the compensation to the parties thereto
entitled according to their respective rights, interest and ownership; and
G. That such proceedings may be had and taken and judgment and orders entered, and
the Village have such other or further relief in the premises as is by statute in such case made and
provided.
COUNT II - 763 OSTERMAN PARCEL
1 -5. Plaintiff repeats and realleges paragraphs 1 -5 of Count I of this Complaint as and for
the allegations of paragraphs 1 -5 of this Count II, as if the same were fully set forth herein.
6. Defendant ALMON J. FROST has heretofore filed a Cross Petition for
Condemnation alleging that the filing of the Complaint herein constitutes a taking of additional
property owned by Defendant as described in paragraph 8 hereof (the "Subject Property "). The
Village has stipulated with said Defendant to acquire fee simple title to the Subject Property in
disposition of the Cross Petition and to pay just compensation therefor as provided by law. The
Subject Property is located in the Project Area and is intended, necessary, required and needed as a
public use to effectuate the Village Center Project Area Redevelopment Project.
7. Plaintiff repeats and realleges paragraph 7 of Count I as and for the allegations of
paragraph 7 of this Count II, as if the same were fully set forth herein.
8. The Village now seeks to acquire fee simple title in and to the real property,
commonly known as 763 Osterman Avenue, Deerfield, Illinois 60015, together will all improvements
and appurtenances attached to and part of said real estate, and legally described as follows:
LOT 4 IN BLOCK 3 IN HALL AND OSTERMAN'S ADDITION TO
THE TOWN OF DEERFIELD, IN THE NORTHEAST 1/4 OF
SECTION 32 AND THE NORTHWEST 1/4 OF SECTION 33,
TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED JUNE 2, 1874, IN BOOK "A" OF PLATS, PAGE 16,
IN LAKE COUNTY, ILLINOIS.
excepting therefrom the following:
(a) Rights of the public,. State of Illinois and the Municipality, and
adjoining owners, if any, in and to that part of the Subject Property in
question falling in streets, alleys, roads or highways;
(b) Rights of any public or quasi- public utilities, if any, for
maintenance therein of poles, conduits, sewers, etc. in streets and
alleys.
9. The names of the parties interested in the Subject Property as owners, or otherwise,
as appearing of record and insofar as otherwise known to the Village are as follows:
ALMON J. FROST
UNKNOWN OWNERS.
10 -16. Plaintiff repeats and realleges paragraphs 10 -16 of Count I of this Complaint as and
for the allegations of paragraphs 10 -16 of this Count H, as if the same were fully set forth herein.
prays:
WHEREFORE, the Plaintiff VILLAGE OF DEERFIELD, a municipal corporation,
A. That summons may issue to the above parties defendant, and that due and proper
notice according to law may be given to the owners of and parties interested in, and the "Unknown
Owners" of said real property as described aforesaid;
B. . That the respective rights and interest of the respective parties hereinabove named as
defendants may be inquired into and ascertained by this Court;
C. That the just compensation which the Village of Deerfield shall pay to the owner or
owners of and party or parties interested in said real property for the acquisition of fee simple title
thereto for the use thereof by the Village may be determined and ascertained according to law after
trial by jury;
D. That said compensation shall be paid to the parties entitled thereto, or to the County
Treasurer of Lake County,
within a reasonable time to be fixed by this Court; and
E. That such other or further proceedings may be had and taken in the premises, and
such judgment, orders or othdr relief be entered as may be appropriate fully and completely:
1. To vest the Village. with fee simple title to all of the real property hereinabove
described, improvements thereon and appurtenances thereto, and all interest therein and rights
incident thereto of every kind and nature, free and clear of all claims, liens, easements and all other
rights of whatsoever character, except as may be excluded as set forth in paragraph 8 hereto;
2. To vest the Village with all right, title and interest whatsoever of the
defendants hereto and persons claiming under them in and to the streets and alleys which abut upon
any and all parcels hereinabove described; and
3. To secure full possession and use of all of said real property in the Village by
means of orders for writs of assistance or otherwise;
F. That this Court may order the distribution of the compensation to the parties thereto
entitled according to their respective rights, interest and ownership; and
G. That such proceedings may be had and taken and judgment and orders entered, and
the Village have such other or further relief in the premises as is by statute in such case made and
provided.
PLAINTIFF DEMANDS TRIAL BY JURY.
VILLAGE OF DEERFIELD,
Suite 4000
10 South Wacker Drive
Chicago, Illinois 60606
(312) 715 -4677
ALTHEIM ER & GRAY
Suite 4000
10 South Wacker Drive
Chicago, Illinois 60606
(312) 715 -4630
Attorneys for the
Village of Deerfield
Of Counsel:
Jack M. Siegel, Esq.
Kenneth C. Shepro, Esq.
Suite 4000
10 South Wacker Drive
Chicago, Illinois 60606
13230 01 -- 06/22/96, 3:32 pm
IN THE CIRCUIT COURT FOR THE NINETEENTH JUDICIAL CIRCUIT
LAKE COUNTY, WA GAN,ILLINOIS
VILLAGE OF DEERFIEL
Plain , )
Case No. 95 ED 7
VS. )
�) CONDEMNATION
ALMON J. FROST and �)
UNKNOWN OWNERS, ) FULL TAKING
Defendants. )
STIPULATION FOR FINAL JUDGMENT ORDER
NOW COME the PLAINTIFF, VILLAGE OF DEERFIELD, a municipal corporation
( "Plaintiff" or "Village "), by its attorneys, Jack M. Siegel, P.C. and Altheimer & Gray, and
DEFENDANT, ALMON J. FROST, ( "Defendant ") by his attorneys, Robert A. Downing, P.C. and
Sidley & Austin, and do hereby stipulate and agree that the foregoing cause has been fully
compromised and settled between them, to wit:
1. That the Plaintiff has authority to exercise the power of eminent domain; that the
property with respect to which this action was filed (the "Subject Property ") has been at all times
relevant hereto subject to the exercise of such right; and that such right is not being improperly
exercised in this proceeding.
2. That the parties hereto waive the right of the impanelling of a jury for the viewing
of the premises and for the determination of just compensation, and do hereby stipulate and agree
that the amount of Three Hundred Forty Thousand Dollars ($340,000.00) constitutes the full
amount of just compensation to be paid by Plaintiff for the taking of fee simple title to the Subject
Property described in Exhibit A attached hereto and made a part hereof, free and clear of all liens,
taxes and encumbrances, and that said sum represents the fair market value of the Subject Property
at its highest and best use on May 23, 1995.
3. Plaintiff shall deposit with the Treasurer of Lake County the sum of Three Hundred
Forty Thousand Dollars ($340,000.00) (the "Award ") on or before August 5, 1996, as hereinafter
provided. The Award may be immediately withdrawn by Defendant upon appropriate petition and
distributed as follows:
A. The sum of $34,000.00 shall be payable to a joint order interest bearing escrow
account the ( "Escrow ") to be established at American National Bank and Trust
Company of Chicago, or at such other federally insured institution as the parties
may agree upon. The escrow shall be subject to the joint control of attorneys for the
Village and for Defendant. At such time as'� Defendant shall timely surrender
possession of the Subject Property as hereinafter provided, the balance of the
escrow, including accrued interest, may be withdrawn by Defendant upon due notice
and application to the court for an appropriate order supported by evidence that full
possession has been delivered to the Village. In the event that Defendant shall fail
to timely vacate the Subject Property, the escrow shall be distributed as provided in
Paragraph 7 hereof by appropriate court order. Escrow fees shall be paid out of the
balance in the escrow.
B. 'The sum of $306,000.00 shall be payable as follows: (1) to Defendant Almon J.
Frost, the balance of the award, except as hereinafter provided; (2) any amount
required to be withheld for the use of the Lake County Collector for general real
estate taxes payable shall be deducted from the amounts payable to Defendant under
sub - paragraph (B) (1) hereunder and not from the escrow.
4. Defendant represents and warrants that there are no tenants or parties in possession
of the Subject Property other than Defendant. Defendant agrees to make no lease or license during
the time he remains in possession without the written consent of the Village.
5. Upon deposit with the Lake County Treasurer of the Award as provided in
Paragraph 3 hereof, the Village shall be entitled to an order declaring the judgment to be fully
satisfied and vesting title to and possession of the Subject Property in the Village.. Title shall vest
in the Village as of May 23, 1995.
6. Defendant shall be entitled to remain on the Subject Property until not later than
11:59 p.m., March 31, 1997, and the Village's right to possession shall be stayed until said time and
date, unless Defendant shall earlier relinquish possession.
7. In the event Defendant fails to timely vacate the Subject Property as provided in
Paragraph 6 hereof, Plaintiff shall be entitled to the sum of One Thousand Dollars ($1,000.00) per
day as compensation and liquidated damages for each and every day until full possession is tended
to the Village. Any portion of a day shall be considered a full day for purposes of this paragraph.
At Plaintiff's election, said sums may be deducted from the escrow established pursuant to
Paragraph 3 hereof, but such election shall not be construed as a limitation on the amounts to which
the Village may be entitled. In addition to the right to receive liquidated damages as provided
herein, the Village shall also be immediately entitled to a writ of assistance from the Court placing
it in possession of the Subject Property if Defendant shall fail to timely deliver possession, on or
before March 31, 1997. The Village shall be entitled to recover from Defendant its costs and
reasonable attorneys fees and the enforcement of the provisions of this paragraph. The agreed final
judgment order shall expressly provide for a reservation of jurisdiction by the Court to enforce this
provision and to provide for disbursement of the escrow.
&. Until March 31, 1997, Defendant shall be responsible for all costs, expenses, charges,
or taxes, if, any, relating to the occupancy of the Subject Property or any building or structures
located thereon. Defendant shall maintain a policy of general liability insurance, naming the Village
as an additional insured, insuring Defendant and the Village against any and all claims arising from
the negligence of Defendant through and including March 31, 1997. Such policy of general liability
insurance shall be in the face amount of at least $500,000 with a minimum per occurrence of
$500,000. Nothing herein, or in the Agreed Final Judgment Order, shall be construed to create the
relationship of landlord and tenant between the Village and Defendant, it being expressly
understood that the Village has no right to possession or control of the Subject Property until
March 31, 1997, and that any rights to possession are stayed pursuant to order of Court. Defendant
shall be entitled to any rents, profits, receipts or other amounts attributable to the Subject Property
through March 31, 1997. Defendant shall have no obligation to maintain or repair the
improvements on the Subject Property or to carry fire or casualty insurance thereon. At or prior
to the expiration of Defendant's occupancy period, Defendant shall have the right to remove all
personal property from the Subject Property.
9. The Village or its designated officers, agents, employees, contractors or
subcontractors shall be entitled to immediately enter upon the subject property after prior notice
to Defendant, and at reasonable times, to conduct surveys, soil tests or borings, environmental
studies or similar investigations.
10. Defendant shall execute and deliver to the Village on or before August 3, 1996 a
warranty deed ( "Deed ") to that portion of the Subject Property located at 763 Osterman and legally
described in Count II of the Amended Complaint herein. The conveyance in the Deed shall be
subject to covenants, conditions and restrictions of record.
11. The undersigned parties hereby agree to the entry of an agreed final judgment order
in conformity with this stipulation.
12. This stipulation is signed effective this jday of June, 1996.
AGREED AND APPROVED:
VILLA PE O� DI
a municipal o 0
By:
C. S P O, SQ.
JACK M. SIEGEL, ESQ.
ALTHEIlVIER & GRAY
10 South Wacker Drive
Suite 3700
Chicago, Illinois '60606
(312) 715 -4630
Attorneys for Plaintiff
ALMON J. FROST'/
um
0
ROBERT A. DOWNING, ESQ.
SIDLEY & AUSTIN
One First National Plaza
Chicago, Illinois 60603
(312) 853 -7434
Attornewrlor Defendant
ALMON J. FROST
Defendant
r
EXHIBIT A
Legal Description of Subject Property
LOT 3 (EXCEPT THE EAST 40 FEET THEREOF) AND LOT 4 IN
BLOCK 3 IN HALL AND OSTERMAN'S ADDITION TO THE
TOWN OF DEERFIELD, IN THE NORTHEAST 1/4 OF SECTION
32 AND THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 43
NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED
JUNE 2, 1874, IN BOOK "A" OF PLATS, PAGE 16, IN LAKE
COUNTY, ILLINOIS.
excepting therefrom the following:
(a) Rights of the public, State of Illinois and the Municipality, and
adjoining owners, if any, in and to that part of the Subject Property in
question falling in streets, alleys, roads or highways;
(b) Rights of any public or quasi- public utilities, if any, for
maintenance therein of poles, conduits, sewers, etc. in streets and
alleys;
Permanent index No. 16- 33- 105 -001 and 16 -33 -105 -002
»'aim -- OG/22/96, 3:48 pm
IN THE CIRCUIT COURT FOR THE NINETEENTH JUDICIAL CIRCUIT
LAKE COUNTY, WA ZANILLINOIS
VILLAGE OF DEERFIELD,,� L'
Plainti , j )
„ , ) Case No. 95 ED 7
VS.
' CONDEMNATION
ALMON J. FROST and
UNKNOWN OWNERS, G ) FULL TAKING
Defendants. )
AGREED FINAL JUDGMENT ORDER
THIS CAUSE COMING ON TO BE HEARD upon the Complaint for Condemnation by the
VILLAGE OF DEERFIELD, a municipal corporation, for the ascertainment for the just
compensation to be made for the taking by said Plaintiff of the fee simple title to the real property
described in said Complaint for Condemnation;
And the Plaintiff VILLAGE OF DEERFIELD appearing by its attorneys, KENNETH C.
SHEPRO of ALTHEIMER & GRAY and by JACK M. SIEGEL, P.C.;
And the defendants ALMON J. FROST appearing by his attorneys, ROBERT A. DOWNING
and SIDLEY & AUSTIN; and orders of default having been entered against defendants UNKNOWN
OWNERS, for failure to appear;
And it appearing to the Court that all parties defendant hereto have been served with
process in the manner and form provided for by statute or have duly entered their appearances;
And it further appearing to the Court that the Plaintiff and the owners of record and Parties
interested in the Subject Property have signed and filed with this Court a Stipulation for Final
KCSO4468.DOC
Judgment Order dated June L, 1996;
And the Court having jurisdiction of all parties to this suit and the subject matter hereof,
and all parties interested being before the Court and having waived trial by jury and the Court
having heard evidence, both oral and documentary, pertaining to the subject matter;
FINDS:
And the Court now being fully advised in the premises,
1. That the Plaintiff has the authority to exercise the power of eminent domain; that
the property with respect to which this action was filed has been at all time relevant hereto subject
to the exercise of such right; and that such right is properly exercised in this proceeding; and
2. That the amount to be paid by the Plaintiff as just compensation to the owner or
i
owners of and party or parties interested in the property hereinafter described, which said Plaintiff
seeks to acquire as stated in its complaint for condemnation filed in this cause is as follows:
To the owner or owners of and party or parties interested in the following described parcel,
which is legally described in Exhibit "A" attached hereto, as full compensation to the owner or
owners of and party or parties interested in the aforesaid real property, for the fee simple title to
said parcel, for the improvements thereon and for all private interests in any public roads, streets
and alleys which abut the said real property, free and clear of all taxes, liens and encumbrances, the
sum of THREE HUNDRED FORTY THOUSAND DOLLARS ($340,000.00).
The payment of said amounts to be paid to the owner or owners of and party or parties
interested in said real property will fully compensate said owner or owners of and party or parties
interested for the taking by Plaintiff of said real property herein described.
And the Court being fully advised in the premises, pursuant to the agreement of the parties:
DOTH CONSIDER, ORDER AND ADJUDGE that the sums of money herein awarded by
the Court to the owner or owners of and party or parties interested in said real property described
KCSO4468.DOC
in Exhibit "A" and in the complaint for condemnation filed herein, is just compensation to the
owner or owners thereof and party or parties interested therein for the taking of the fee simple title
to said real property described herein and judgment is herein entered accordingly.
IT IS THEREFORE ORDERED AND ADJUDGED by the Court that the Plaintiff shall, on
or before August !�' 1996, deposit with the Treasurer of Lake County, Illinois, for the benefit of
the owner or owners of and the pary or parties interested in said real property the sum of THREE
HUNDRED FOR )�OLD 34t 0 0
00.00) as full compensation for the taking by the Plaintiff
of the fee simple title for the parcel described herein.
IT IS FURTHER ORDERED AND ADJUDGED that upon proof being presented to the
Court that the Plaintiff has deposited with the Treasurer of Lake County, Illinois, the said sum of
THREE HUNDRED FORTY DOLLARS ($340,000.00), judgment herein shall be fully satisfied and
Plaintiff will be entitled to an order vesting title in Plaintiff.
IT IS FURTHER ORDERED AND ADJUDGED that Defendant may withdraw the said sum
in accordance with the Stipulation of the parties herein filed.
IT IS FURTHER ORDERED, pursuant to Stipulation of the parties, that Defendant shall
have the right to remain in his present location on the Subject Property until March 31, 1997; and
Plaintiff's right to possession shall be stayed until said date.
The terms and conditions in the Stipulation entered herein between the parties are
incorporated herein as if fully set forth and the parties agree to be bound by the provisions therein.
This Court shall retain jurisdiction of this cause for purposes of awarding Plaintiff a writ of
assistance to put Plaintiff in possession of the Subject Property and to enforce the terms and
conditions of the Agreed Final Judgment Order and the Stipulations of the parties filed herein.
KCSO4466.DOC
The parties have agreed not to appeal this Order.
Dated:
KE TH C. SHEPRO, ESQ.
ALTHEIMER & GRAY
10 South Wacker Drive
Suite 3700
Chicago, Illinois 60606
(312) 715 -4630
Attorney ID No. 02580349
Attorneys for Plaintiff
APPROVED AS TO FORM AND SUBSTANCE:
VILLAG
a municic
By:
KENNETH C. SHEPRO, ESQ.
JACK M. SIEGEL, ESQ.
ALTHEIMER & GRAY
10 South Wacker Drive
Suite 3700
Chicago, Illinois 60606
(312) 715 -4630
Attorneys for Plaintiff
KCSO4468.DOC
ENTER:
DETER bI_-=
CIRCUIT COURT JUDGE
ALMON J.
By:
SIDLEY & AUSTIN
One First National Plaz
Chicago, Illinois 60603
(312) 853 -7434
Attorneys for Defendant
EXIUBIT A
Legal Description of Subject Property
LOT 3 (EXCEPT THE EAST 40 FEET THEREOF) AND LOT 4 IN
BLOCK 3 IN HALL AND OSTERIMAN'S ADDITION TO THE
TOWN OF DEERFIELD, IN THE NORTHEAST 1/4 OF SECTION
32 AND THE NORTHWEST 1/4 OF SECTION 33, TOW1,\115HIP 43
NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED
JUNE 2, 1874, IN BOOK "A" OF PLATS, PAGE 16, IN LAKE
COUNTY, ILLINOIS.
excepting therefrom the following:
(a) Rights of the public, State of Illinois and the Municipality, and
adjoining owners, if any, in and to that part of the Subject Property in
question falling in streets, alleys, roads or highways;
(b) Rights of any public or quasi- public utilities, if any, for
maintenance therein of poles, conduits, sewers, etc. in streets and
alleys;
Pennanent Index No. 16 -33 -105 -001 and 16 -33- 105 -002
Oe/22/96, 3:43 :,m
P
IN THE CIRCUIT COURT FOR THE NINETEENTH JUDICIAL CIRCUIT
LAKE COUNTY, WAUKEGAN, ILLINOIS
VILLAGE OF DEERFIELD, )
a municipal corporation, )
Plaintiff, )
Case No. 95 ED 8
VS. )
CONDEMNATION
FIRSTAR BANK, formerly )
Deerfield State Bank, ) FULL TAKING
as Trustee under Trust Agreement )
dated December 23, 1986 and )
known as Trust No. 495; )
MEISINGER CONSTRUCTION COMPANY, )
an Illinois corporation; )
MEINTZER CONCRETE CONSTRUCTION )
COMPANY, INC., an )
Illinois corporation; ) D
CERTIFIED CHIMNEYS; )
PRECISION CABINETRY,INC., )
a corporation;
LOUIS MEISINGER A/K/A ) J U N 2' 5 1 fl
ALOIS MEISINGER; PAUL MEINTZER; )
LAURENCE VANDERHULST; )
MRS. LAURENCE VANDERHULST; ) CUIT CLERK
RENGER & RENGER; TRI -M ASSOCIATES )
FLORENCE E. MOORE; and )
UNKNOWN OWNERS, )
Defendants. )
STIPULATION FOR FINAL JUDGMENT ORDER
NOW COME the PLAINTIFF, VILLAGE OF DEERFIELD, a municipal corporation
( "Plaintiff" or "Village "), by its attorneys,. Jack M. Siegel, P.C. and Altheimer & Gray, and
DEFENDANTS, FIRSTAR BANK, formerly 'Deerfield State Bank, as Trustee under Trust
Agreement dated December 23,1986 and known as Trust No. 495; MEISINGER CONSTRUCTION
COMPANY, an Illinois corporation; MEINTZER CONCRETE CONSTRUCTION COMPANY,
INC., an Illinois corporation; LOUIS MEISINGER A /K/A ALOIS MEISINGER; PAUL
MEINTZER, and TRI -M ASSOCIATES ( "Defendants ") by their attorneys, Robert A. Downing, P. C.
and Sidley & Austin, and do hereby stipulate and agree that the foregoing cause has been fully
compromised and settled between them, to wit:
1. That the Plaintiff has authority to exercise the power of eminent domain;. that the
property with respect to which this action was filed (the "Subject Property") has been at all times
relevant hereto subject to the exercise of such right; and that such right is not being improperly'
exercised in this proceeding.
2. That the parties hereto waive the right of the impanelling of a jury for the viewing
of the premises and for the determination of just compensation;= and do hereby stipulate and agree
that the amount of Six Hundred Thousand Dollars ($600,000.00) and the additional consideration
set forth in paragraph 6 hereof constitute the full amount of just compensation to be paid by
Plaintiff for the taking of fee simple title to the Subject Property described in Exhibit "A" attached
hereto and made a part hereof, free and clear of all liens, taxes and encumbrances, and that said
sum represents the fair market value of the Subject Property at its highest and best use on May 23,
1995.
3. Plaintiff shall deposit with the Treasurer of Lake County the sum of Six Hundred
Thousand Dollars ($600,000.00) (the "Award ") on or before August 5, 1996. The Award may be
immediately withdrawn by Defendants upon appropriate petition and distributed as follows:
A. The sum of $60,000.00 shall be payable to a joint order interest bearing escrow
account the ( "Escrow ") to be established at American National Bank and Trust
Company of Chicago, or at such other federally insured institution as the parties
may agree upon. The escrow shall be subject to the joint control of attorneys .for the
Village and for Defendants. At such time as Defendants shall surrender possession
of the Subject Property as hereinafter provided, the balance of the escrow, including
accrued interest, may be withdrawn by Defendants upon due notice and application
to the court for an appropriate order supported by evidence that full possession has
been delivered to the Village. In the event that Defendants shall fail to timely
vacate the Subject Property, the escrow shall be distributed as provided in Paragraph
7 hereof by appropriate court order. Escrow fees shall be paid out of the balance
in the escrow.
B. The sum of $540,000.00 shall be payable as follows: (1) to Defendants, the balance
of the award, except as hereinafter provided; (2) any amount required to be
withheld for the use of the Lake County Collector for general real estate taxes
payable shall be deducted from the amounts ` p ayable to Defendants under sub-
paragraph (B) (1) hereunder and not from the escrow.
4. Defendants represent and warrant that there are no tenants or parties in possession
of the Subject Property other than as set forth on Exhibit "B" attached hereto and made a part
hereof. Defendants represent and warrant that the Village has been provided with current copies
of all tenants' leases and that all tenants either have leases with condemnation clauses or are
tenants from month to month. If requested by the Village prior to the deposit of the Award, and
after the entry of the Agreed Judgment Order, Defendants agree to give any notice required under
the tenant leases notifying all. tenants that their leases have been or will be terminated in
accordance with the lease provisions. Notwithstanding the foregoing, all tenants may remain in the
present location on the Subject Property until not later than March 31, 1997, upon furnishing
satisfactory security to assure vacation of the premises by said date. Defendant agrees to make no
lease or license during the time they remain in possession without the written consent of the
Village, which shall not be unreasonably withheld if the lessee or licensee shall execute an
agreement to be bound by the terms of this Stipulation and the Agreed Final Judgment Order
herein.
5. Upon deposit with the Lake County Treasurer of the Award as provided in
Paragraph 3 hereof, the Village shall be entitled to an order declaring the judgment to be fully
satisfied and vesting title to and possession of the Subject Property in the Village. Title shall vest
in the Village as of May 23, 1995.
6. As additional consideration for the taking of the Subject Property, Defendants and
their lessees or licensees shall be entitled to remain on the Subject Property until not later than
11:59 p.m., March 31, 1997, and the Village's right to possession shall be stayed until said time and
date, (unless Defendants shall earlier relinquish possession) contingent upon any lessees or licensees
furnishing the Village with an agreement to be bound by the terms of this Stipulation and the
Agreed Final Judgment Order herein.
7. In the event Defendants fail to timely vacate the Subject Property as provided in
Paragraph 6 hereof, Plaintiff shall be entitled to the sum of One Thousand Five Hundred Dollars
($1,500.00) per day as compensation and liquidated damages for each and every day until full
possession is tended to the Village. Any portion of a day'shall be considered a full day for purposes
of this paragraph. At Plaintiff's election, said sums may be deducted from the escrow established
pursuant to Paragraph 3 hereof, but such election shall not be construed as a limitation on the
amounts to which the Village may be entitled. In addition to the right to receive liquidated
damages as provided herein, the Village shall also be immediately entitled to a writ of assistance
from the Court placing it in possession of the Subject Property if Defendants shall fail to timely
deliver possession on or .before March 31, 1997. The Village shall be entitled to recover from
Defendants its costs and reasonable attorneys fees and the enforcement of the provisions of this
paragraph. The agreed final judgment order shall expressly provide for a reservation of jurisdiction
by the Court to enforce this provision and to provide for disbursement of the escrow. If any
occupant shall fail to execute the agreement provided for in paragraphs 4 or 6 hereof; either the
Village or Defendants may immediately apply to the Court for such writ of assistance.
8. Until March 31, 1997, Defendants shall be responsible for all costs, expenses, charges,
or taxes, if any, relating to the occupancy of the Subject Property or any building or structures
located thereon. Defendants shall maintain a policy of general liability insurance, naming the
Village as an additional insured, insuring Defendants and the Village against any and all claims
arising from the negligence of Defendants through and including March 31, 1997. Such policy of
general liability insurance shall be in the face amount of at least $1,000,000 with a minimum per
occurrence of $1,000,000. Nothing herein, or in the Agreed Final Judgment Order, shall be
construed to create the relationship of landlord and tenant between the Village and Defendants,
or any of Defendants' lessees or licensees, it being expressly understood that the Village has no
right to possession or control of the Subject Property until March 31, 1997, and that any rights to
possession are stayed pursuant to order of Court. Defendants shall be entitled to any rents, profits,
receipts or other amounts attributable to the Subject Property through March 31, 1997. Defendants
shall have no obligation to maintain or repair the improvements on the Subject Property or to carry
fire or casualty insurance thereon. At or prior to the expiration of Defendants' occupancy period,
Defendants shall have the right to remove all personal property from the Subject Property.
9. The Village or its designated officers, agents, employees, contractors or
subcontractors shall be entitled to immediately enter upon the Subject Property after prior notice
to Defendants, and at reasonable times, to conduct surveys, soil tests or borings, environmental
studies or similar investigations.
10. The undersigned parties hereby agree to the entry of an agreed final judgment order
in conformity with this stipulation.
11. This stipulation is signed effective this �day of June, 1996.
AGREED AND APPROVED:
VILLAGE OF
a municipal p
KENNETH C. SHEPRO,
JACK M. SIEGEL, ESQ.
ALTHEIMER & GRAY
10 South Wacker Drive
Suite 3700
Chicago, Illinois 60606
(312) 715 -4630
Attorneys for Plaintiff
FIRSTAR BANK, formerly.
Deerfi(
Truste+
Chicago, Illinois 60603
(312) 853 -7434
Attorneys for Defendants
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL ONE:
LOT 6 (EXCEPT THE WEST 60 FEET THEREOF) IN BLOCK 3
IN HALL AND OSTERMAN'S ADDITION TO THE TOWN OF
DEERFIELD, BEING A SUBDIVISION.OF PART OF THE
NORTHEAST 1/4 OF SECTION 32 AND THE NORTHWEST 1/4
OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST
OF THE THIRD PRINCIPAL MERIDIAN,.ACCORDING TO THE
PLAT THEREOF RECORDED JUNE 2, 1874, IN BOOK "A" OF
PLATS, PAGE 16, IN LAKE COUNTY, ILLINOIS.
excepting therefrom the following:
(a) Rights of the public, State of Illinois
and the Municipality, and adjoining owners,
if any, in.and to that part of the Subject
Property in question falling in streets,
alleys, roads or highways;
(b) Rights of any public or quasi- public
utilities, if any, for maintenance therein of
poles, conduits, sewers, etc. in streets and
alleys.
Permanent Index No. 16 -33- 105 -008
36768"t 0
PARCEL TWO:
THE WEST 60 FEET OF LOT 6 IN BLOCK 3 IN HALL
AND OSTERMAN'S ADDITION TO THE TOWN OF
DEERFIELD, BEING A SUBDIVISION OF PART OF THE
NORTHEAST 1/4 OF SECTION 32 AND THE NORTHWEST
1/4 OF SECTION 33, TOWNSHIP 43 NORTH, RANGE
12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED JUNE
2, 1874, IN BOOK "A" OF PLATS., PAGE 16, IN
LAKE COUNTY, ILLINOIS.
excepting therefrom the following:
(a) Rights of the public, State of Illinois
and the Municipality, and adjoining owners,
if any, in and to that part of the Subject
Property in question falling in streets,
alleys, roads or highways;
(b) Rights of any public or quasi- public
utilities, if any, for maintenance therein of
poles, conduits, sewers, etc. in streets and
alleys.
Permanent Index No. 16 -33- 105 -007
3676860
PARCEL THREE:
LOT 2 IN BLOCK 3 IN HALL AND OSTERMAN'S
ADDITION TO THE TOWN OF DEERFIELD, BEING A
SUBDIVISION OF PART OF THE NORTHEAST 1/4 OF
SECTION 32 AND THE NORTHWEST 1/4 OF SECTION
33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE
PLAT THEREOF RECORDED JUNE 2, 1874, IN BOOK
"A" OF PLATS, PAGE 16, IN LAKE COUNTY,
ILLINOIS.
excepting therefrom the following:
(a) Rights of the public, State of Illinois
and the Municipality, and adjoining owners,
if any, in and to that part of the Subject
Property in question falling in streets,
alleys, roads or highways;
(b) Rights of any public or quasi - public
utilities, if any, for maintenance therein of
poles, conduits, sewers, etc. in streets and
alleys.
Permanent Index No. 16 -33- 105 -004
367GS 0
EXHIBIT B TO STIPULATION FOR FINAL JUDGMENT ORDER
ADDRESS
LOCATION
LESSEE(S)
TERM
740 Central
2nd Floor
Robin /Larry Vanderhulst
mo /mo
1 st Floor
Rengers & Rengers
mo /mo
Garage
Rengers & Rengers
mo /mo
742 Central
Basement
Meintzer Concrete
mo /mo
1/2 1 st Floor
Certified Chimneys
mo /mo
1/2 1 st Floor
Precision Cabinetry
mo /mo
745 Osterman
All
Jim Hill
mo /mo
749 Osterman
Office
Meisinger Construction
mo /mo
Office
Meisinger Concrete
mo /mo
Workshop
/Storage
Rengers & Rengers
mo /mo
IN THE CIRCUIT COURT FOR THE NINETEENTH JUDICIAL CIRCUIT
LAKE COUNTY, WAUKEGAN, ILLINOIS
VILLAGE OF DEERFIELD,
a municipal corporation,
Plaintiff,
VS.
FIRSTAR BANK, formerly
Deerfield State Bank,
as Trustee under Trust Agreement
dated December 23, 1986 and
known as Trust No. 495;
MEISINGER CONSTRUCTION COMPANY,
an Illinois corporation;
MEINTZER CONCRETE CONSTRUCTION
COMPANY, INC., an
Illinois corporation;
CERTIFIED CIMINEYS;
PRECISION CABINETRY, INC.,
a corporation;
LOUIS MEISINGER A/K/A
ALOIS MEISINGER; PAUL MEINTZER;
LAURENCE VANDERHULST;
MRS. LAURENCE VANDERHULST;
RENGER & RENGER; TRI -M ASSOCIATES
FLORENCE E. MOORE; and
UNKNOWN OWNERS,
Defendants.
Case No. 95 ED 8
CONDEMNATION
JURY DEMAND
�D
,L,_afl
a
�RGv
AGREED FINAL JUDGMENT ORDER
THIS CAUSE COMING ON TO BE HEARD upon the Complaint for Condemnation by the
VILLAGE OF DEERFIELD, a municipal corporation, for the ascertainment for the just compensation
to be made for the taking by said Plaintiff of the fee simple title to the real property described in said
Complaint for Condemnation;
And the Plaintiff VILLAGE OF DEERFIELD appearing by its attorneys, KENNETH C.
SHEPRO of ALTHEIMER & GRAY and by JACK M. SIEGEL, P.C.;
And Defendants FIRSTAR BANK, formerly Deerfield State Bank, as Trustee under Trust
Agreement dated December 23, 1986 and known as Trust No. 495; MEISINGER CONSTRUCTION
COMPANY, an Illinois corporation; MEINTZER CONCRETE CONSTRUCTION COMPANY,
INC., an Illinois corporation; LOUIS MEISINGER A/K/A ALOIS MEISINGER; PAUL MEINTZER;
and TRI -M ASSOCIATES; appearing by their attorneys, ROBERT A. DOWNING and SIDLEY &
AUSTIN; and orders of default having been entered against defendants CERTIFIED CHIMNEYS;
PRECISION CABINETRY, INC., a corporation; LAURENCE VANDERHULST; MRS.
LAURENCE VANDERI-IULST and UNKNOWN OWNERS, for failure to appear; and the Court
having previously entered an order of dismissal with prejudice against defendants FLORENCE E.
MOORE, finding and determining that said Defendant has no further interest in the Subject Property or
any right to the award of just compensation to be paid to the Owner or Owners of or parties interested
in the Subject Property;
And it appearing to the Court that all parties defendant hereto have been served with process in
the manner and form provided for by statute or have duly entered their appearances;
And it further appearing to the Court that the Plaintiff and the owners of record and Parties
interested in the Subject Property have signed and filed with this Court a Stipulation for Final Judgment
Order dated June, 1996;
And the Court having jurisdiction of all parties to this suit and the subject matter hereof, and all
parties interested being before the Court and having waived trial by jury and the Court having heard
evidence, both oral and documentary, pertaining to the subject matter;
And the Court now being fully advised in the premises,
FINDS:
1. That the Plaintiff has the authority to exercise the power of eminent domain; that the
property with respect to which this action was filed has been at all time relevant hereto subject to the
exercise of such right; and that such right is properly exercised in this proceeding; and
2. That the amount to be paid by the Plaintiff as just compensation to the owner or owners
of and party or parties interested in the property hereinafter described, which said Plaintiff seeks to
acquire as stated in its complaint for condemnation filed in this cause is as follows:
To the owner or owners of and party or parties interested in the following described parcel, which
is legally described in Exhibit "A" attached hereto, as full compensation to the owner or owners of and
party or parties interested in the aforesaid real property, for the fee simple title to said parcel, for the
improvements thereon and for all private interests in any public roads, streets and alleys which abut the
said real property, free and clear of all taxes, liens and encumbrances, the sum of SIX HUNDRED
THOUSAND DOLLARS ($600,000.00).
The payment of said amounts to be paid to the owner or owners of and party or parties interested
in said real property will fully compensate said owner or owners of and party or parties interested for
the taking by Plaintiff of said real property herein described.
And the Court being fully advised in the premises, pursuant to the agreement of the parties:
DOTH CONSIDER, ORDER AND ADJUDGE that the sums of money herein awarded by the
Court to the owner or owners of and party or parties interested in said real property described in Exhibit
"A" and in the complaint for condemnation filed herein, is just compensation to the owner or owners
thereof and party or parties interested therein for the taking of the fee simple title to said real property
described herein and judgment is herein entered accordingly.
IT IS THEREFORE ORDERED AND ADJUDGED by the Court that the Plaintiff shall, on
or before August, 1996, deposit with the Treasurer of Lake County, Illinois, for the benefit of the
owner or owners of and the party or parties interested in said real property the sum of SIX HUNDRED
DOLLARS ($600,000.00) as full compensation for the taking by the Plaintiff of the fee simple title for
the parcel described herein.
IT IS FURTHER ORDERED AND ADJUDGED that upon proof being presented to the Court
that the Plaintiff has dep sited with the Treasurer of Lake County, Illinois, the said sum of SIX
�JN'tp
HUNDRED DOLL ($600,000.00), judgment herein shall be fully satisfied and Plaintiff will be
entitled to an order vesting title in Plaintiff.
IT IS FURTHER ORDERED AND ADJUDGED that Defendants may withdraw the said sum
in accordance with the Stipulation of the parties herein filed.
IT IS FURTHER ORDERED, pursuant to Stipulation of the parties, that Defendants shall have
the right to remain in their present location on the Subject Property until March 31, 1997, and Plaintiff's
right to possession shall be stayed until said date.
The terms and conditions in the Stipulation entered herein between the parties .are incorporated
herein as if fully set forth and the parties agree to be bound by the provisions therein.
This Court shall retain jurisdiction of this cause for purposes of awarding Plaintiff a writ of
assistance to put Plaintiff in possession of the Subject Property and to enforce the terms and conditions
of the Agreed Final Judgment Order and the Stipulations of the parties filed herein.
The parties have agreed not to appeal this Order.
Dated: 131- QSI qq(
KENNETH C. SHE RO, ESQ.
ALTHEIMER & GRAY
10 South Wacker Drive
Suite 3700
Chicago, Illinois 60606
(312) 715 -4630
Attorney ID No. 02580349
Attorneys for Plaintiff
APPROVED AS TO FORM AND SUBSTANCE:
VILLA
a munic
O, ESQ.
JACK M. SIEGEL, ESQ.
ALTHEIMER & GRAY
10 South Wacker Drive
Suite 3700
Chicago, Illinois 60606
(312) 715 -4630
Attorneys for Plaintiff
ENTER: :`'• ;�;�
CIRCUIT COURT JUDGE
FIRSTAR PNK, as Trustee, et al.
ROBERT A. DOWNING
SIDLEY & AUSTIN
One First National Plaza
Chicago, Illinois 60603
(312) 853 -7434
Attorneys for certain Defendants
By:
KCSO4462.DCC JZR 06/11/96 3:46pm
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL ONE:
LOT 6 (EXCEPT THE WEST 60 FEET THEREOF) IN BLOCK 3
IN HALL AND OSTERMAN'S ADDITION TO THE TOWN OF
DEERFIELD, BEING A SUBDIVISION OF PART OF THE
NORTHEAST 1/4 OF SECTION 32 AND THE NORTHWEST 1/4
OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST
OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE
PLAT THEREOF RECORDED JUNE 2, 1874, IN BOOK "A" OF
PLATS, PAGE 16, IN LAKE COUNTY, ILLINOIS.
excepting therefrom the following:
(a) Rights of the public, State of Illinois
and the Municipality, and adjoining owners,
if any, in and to that part of the Subject
Property in question falling in streets,
alleys, roads or highways;
(b) Rights of any public or quasi - public
utilities, if any, for maintenance therein of
poles, conduits, sewers, etc. in streets and
alleys.
Permanent Index No. 16 -33- 105 -008
36768790
PARCEL TWO:
THE WEST 60 FEET OF LOT 6 IN BLOCK 3 IN HALL
AND OSTERMAN'S ADDITION TO THE TOWN OF
DEERFIELD, BEING A SUBDIVISION OF PART OF THE
NORTHEAST 1/4 OF SECTION 32 AND THE NORTHWEST
1/4 OF SECTION 33, TOWNSHIP 43 NORTH, RANGE
12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED JUNE
2, 1874, IN BOOK "A" OF PLATS, PAGE 16, IN
LAKE COUNTY, ILLINOIS.
excepting therefrom the following:
(a) Rights of the public, State of Illinois
and the Municipality, and adjoining owners,
if any, in and to that part of the Subject
Property in question falling.in streets,
alleys, roads or highways;
(b) Rights of any public or quasi - public
utilities, if any, for maintenance therein of.
poles, conduits, sewers, etc. in streets and
alleys.
Permanent Index No. 16 -33- 105 -007
36768"711"0
PARCEL THREE:
LOT 2 IN BLOCK 3 IN HALL AND OSTERMAN'S
ADDITION TO THE TOWN OF DEERFIELD, BEING A
SUBDIVISION OF PART OF THE NORTHEAST 1/4 OF
SECTION 32 AND THE NORTHWEST 1/4 OF SECTION
33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE
PLAT THEREOF RECORDED JUNE 2, 1874, IN BOOK
"A" OF PLATS, PAGE 16, IN LAKE COUNTY,
ILLINOIS.
excepting therefrom the following:
(a) Rights of the public, State of Illinois
and the Municipality, and adjoining owners,
if any, in and to that part of the Subject
Property in question falling in streets,
alleys, roads or highways;
(b) Rights of any public or quasi - public
utilities, if any, for maintenance therein of
poles, conduits, sewers, etc. in streets and
alleys.
Permanent Index No. 16 -33 -105 -004
36768"%0
r �}
IN THE CIRCUIT COURT FOR THE NINETEENTH JUDICIAL CIRCUIT
LAKE COUNTY, WAUKEGAN,ILLINOIS
UPI r, Igg6
4
a ,=Tr CLEjK
j� rt y
VILLAGE OF DEERFIELD,
a municipal corporation,
Plaintiff,
VS.
FIRSTAR BANK, formerly
Deerfield State Bank,
as Trustee under Trust Agreement
dated August 31, 1981 and
known as Trust No. 329;
MEISINGER CONSTRUCTION COMPANY, an
Illinois corporation;
MEINTZER CONCRETE CONSTRUCTION
COMPANNY, INC., an
Illinois corporation;
TRI -M ASSOCIATES;
RENGER and RENGER; and
UNKNOWN OWNERS,
Defendants.
Case No. 95 ED 9
CONDEMNATION
FULL TAKING
STIPULATION FOR FINAL JUDGMENT ORDER
NOW COME the PLAINTIFF, VILLAGE OF DEERFIELD, a municipal corporation
( "Plaintiff" or "Village "), by its attorneys, Jack M. Siegel, P.C. and Altheimer & Gray, and
DEFENDANTS, FIRSTAR BANK, formerly Deerfield State Bank, as Trustee under Trust
Agreement dated August 31, 1981 and known as Trust No. 329; MEISINGER CONSTRUCTION
COMPANY, an Illinois corporation; MEINTZER CONCRETE CONSTRUCTION COMPANY,
INC., an Illinois corporation; and TRI -M ASSOCIATES, ( "Defendants ") by their attorneys,
Robert A. Downing, P.C. and Sidley & Austin, and do hereby stipulate and agree that the
foregoing cause has been fully compromised and settled between them, to wit:
1. That the Plaintiff has authority to exercise the power of eminent domain; that the
property with respect to which this action was filed (the "Subject Property ") has been at all times
relevant hereto subject to the exercise of such right; and that such right is not being improperly
exercised in this proceeding.
2. That the parties hereto waive the right of the impanelling of a jury for the
viewing of the premises and for the determination of just compensation, and do hereby stipulate
and agree that the amount of One Hundred Sixty Thousand Dollars ($160,000.00) and the
additional consideration set forth in Paragraph 6 hereof constitute the full amount of just
compensation to be paid by Plaintiff for the taking of fee simple title to the Subject Property
described in Exhibit "A" attached hereto and made a part hereof, free and clear of all liens,
taxes and encumbrances, and that said sum represents the fair market value of the Subject
Property at its highest and best use on May 23, 1995.
3. Plaintiff shall deposit with the Treasurer of Lake County the sum of One
Hundred Sixty Thousand Dollars ($160,000.00) (the "Award ") on or before August 5, 1996, as
hereinafter provided. The Award may be immediately withdrawn by Defendants upon
appropriate . petition and distributed as follows:
A. The sum of $16,000.00 shall be payable to a joint order interest bearing escrow
account the ( "Escrow ") to be established at American National Bank and Trust
Company of Chicago, or at such other federally insured institution as the parties
may agree upon. The escrow shall be subject to the joint control of attorneys for
the Village and for Defendants. At such time as Defendants shall surrender
possession of the Subject Property as hereinafter provided, the balance of the
escrow, including accrued interest, may be withdrawn by Defendants upon due
notice and application to the court for an appropriate order supported by
evidence that full possession has been delivered to the Village. In the event that
Defendants shall fail to timely vacate the Subject Property, the escrow shall be
KCSO4459.DOC
distributed as provided in Paragraph 7 hereof by appropriate court order.
Escrow fees shall be paid out of the balance in the escrow.
B. The sum of $144,000.00 shall be payable as follows: (1) to Defendants, the
balance of the award, except as hereinafter provided; (2) any amount required to
be withheld for the use of the Lake County Collector for general real estate taxes
payable shall be deducted from the amounts payable to Defendants under sub-
paragraph (B) (1) hereunder and not from the escrow.
4. ' Defendants represent and warrant that there are no tenants or parties in
possession of the Subject Property other than as set forth on Exhibit "B" attached hereto and
made a part hereof. Defendants represent and warrant that the Village has been provided with
current copies of all tenants' leases and that all tenants either have leases with condemnation
clauses or are tenants from month to month. If requested by the Village prior to the deposit of
the Award, and after the entry of the Agreed Judgment Order, Defendants agree to give .any
notice required under the tenant leases notifying all tenants that their leases have been or will
be terminated in accordance with the lease provisions. Notwithstanding the foregoing, all
tenants may remain in the present location on the Subject Property until not later than March
31, 1997, upon furnishing satisfactory security to assure vacation of the premises by said date.
Defendants agree to make no lease or license during the time they remain in possession without
the written consent of the Village, which shall not be unreasonably withheld if the lessee or
licensee shall execute an agreement to be bound by the terms of this Stipulation and the Agreed
Final Judgment Order herein.
5. Upon deposit with the Lake County Treasurer of the Award as provided in
Paragraph 3 hereof, the Village shall be entitled to an order declaring the judgment to be fully
KCSO4459.DOC
satisfied and vesting title to and possession of the Subject Property in the Village. Title shall
vest in the Village as of May 23, 1995.
6. As additional consideration for the taking of the Subject Property, Defendants
and their lessees or licensees shall be entitled to remain on the Subject Property until not later
than 11:59 p.m., March 31, 1997, and the Village's right to possession shall be stayed until said
time and date, (unless Defendants shall earlier relinquish possession) contingent upon any
lessees or licensees furnishing the Village with an agreement to be bound by the terms of this
Stipulation and the Agreed Final Judgment Order herein.
7. In the event Defendants fail to timely vacate the Subject Property as provided in
Paragraph 6 hereof, Plaintiff shall be entitled to the sum of One Thousand Five Hundred
Dollars ($1,500.00) per day as compensation and liquidated damages for each and every day
until full possession is tended to the Village. Any portion of a day shall be considered a'full day
for purposes of this paragraph. At Plaintiff's election, said sums may be `deducted from the
escrow established pursuant to Paragraph 3 hereof, but such election shall not be construed as a
limitation on the amounts to which the Village may be entitled. In addition to the right to
receive liquidated damages as provided herein, the Village shall also be immediately entitled to
a writ of assistance from the Court placing it in possession of the Subject Property if Defendants
shall fail to timely deliver possession on or before March 31, 1997. The Village shall be entitled
to recover from Defendants its costs and reasonable attorneys fees and the enforcement of the
provisions of this paragraph. The agreed final judgment order shall expressly provide for a
reservation of jurisdiction by the Court to enforce this provision and to provide for
disbursement of the escrow. If any occupant shall fail to execute the agreement provided for in
Paragraphs 4 or 6 hereof, either the Village or Defendants may immediately apply to the Court
for such writ of assistance.
KCSO4459.DOC
E
8. Until March 31, 1997, Defendants shall be responsible for all costs, expenses,
charges, or taxes, if any, relating to the occupancy of the Subject Property or any building or
structures located thereon. Defendants shall maintain a policy of general liability insurance,
naming the Village as an additional insured, insuring Defendants and the Village against any
and all claims arising from the negligence of Defendants through and including March 31, 1997.
Such policy of general liability insurance shall be in the face amount of at least $1,000,000with a
minimum per occurrence of $1,000,000. Nothing herein, or in the Agreed Final Judgment
Order, shall be construed to create the relationship of landlord and, tenant between the Village
and Defendants, or any of Defendants' lessees or licensees it being expressly understood that the
Village has no right to possession or control of the Subject Property until March 31, 1997, and
that any rights to possession are stayed pursuant to order of Court. Defendants shall be entitled
to any rents, profits, receipts or other amounts attributable to the Subject Property through
March 31, 1997. Defendants shall have no obligation to maintain or repair the improvements on
the Subject Property or to carry fire or casualty insurance thereon. At or prior to the expiration
of Defendants' occupancy period, Defendants shall have the right to remove all personal
property from the Subject Property.
9. The Village or its designated officers, agents, employees, contractors or
subcontractors shall be entitled to immediately enter upon the Subject Property after prior
notice to Defendants, and at reasonable times, to conduct surveys, soil tests or borings,
environmental studies or similar investigations.
10. The undersigned parties hereby agree to the entry of an agreed final judgment
order in conformity with this stipulation.
KCSO4459.DOC
11. This stipulation is signed effective this ;day of June, 1996.
AGREED AND APPROVED:
VILLAGE OF
a municipal �cq
KENNETH C.- SHEPR70r, ESQ.
JACK M. SIEGEL, ESQ.
ALTHEIMER & GRAY
10 South Wacker Drive
Suite 3700
Chicago, Illinois 60606
(312) 715 -4630
Attorneys for Plaintiff
FIRSTAR E
State Bank,
KCSO4459.DOC
ROBERT A. DOWNING,
SIDLEY & AUSTIN
One First National Pl
Chicago, Illinois 606 a
(312) 853 -7434
Attorneys for Defendants
C
EXHIBIT "A"
LEGAL DESCRIPTION
THE EAST 40 FEET OF LOT 3 IN BLOCK 3 IN HALL
AND OSTERMAN'S ADDITION TO THE TOWN OF
DEERFIELD, IN THE NORTHEAST 1/4 OF SECTION 32
AND THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP
43 NORTH, RANGE 12, EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED JUNE 2, 1874, IN BOOK "A" OF
PLATS, PAGE 16, IN LAKE COUNTY, ILLINOIS.
excepting therefrom the following:
(a) Rights of the public, State of Illinois
and the Municipality, and adjoining owners,
if any, in and to that part of the Subject
Property in question falling in streets,
alleys, roads or highways;
(b) Rights of any public or quasi - public
utilities, if any, for maintenance therein of
poles, conduits, sewers, etc. in streets and
alleys;
Permanent Index No. 16 -33- 105 -002
36'76S'71
w
EXHIBIT B TO STIPULATION FOR FINAL JUDGMENT ORDER
ADDRESS
LOCATION
740 Central
2nd Floor
Meintzer Concrete
1 st Floor
Certified Chimneys
Garage
742 Central
Basement
Jim Hill
1/2 1 st Floor
Meisinger Construction
1/2 1 st Floor
745 Osterman
All
749 Osterman
Office
Office
Workshop
/Storage
LESSEES TERM
Robin /Larry Vanderhulst mo /mo
Rengers & Rengers
mo /mo
Rengers & Rengers
mo /mo
Meintzer Concrete
mo/ mo
Certified Chimneys
mo /mo
Precision Cabinetry
mo /mo
Jim Hill
mo /mo
Meisinger Construction
mo /mo
Meisinger Concrete
mo /mo
Rengers & Rengers
mo /mo
. i • ..:
IN THE CIRCUIT COURT FOR THE NINETEENTH JUDICIAL, CIRCUIT
LAKE COUNTY, WAUKEGAN, ILLINOIS
VILLAGE OF DEERFIELD,
a municipal corporation,
Plaintiff,
VS.
FIRSTAR BANK, formerly
Deerfield State Bank,
as Trustee under Trust Agreement
dated August 31, 1981 and
known as Trust No. 329;
MEISINGER CONSTRUCTION COMPANY, an
Illinois corporation;
MEINTZER CONCRETE CONSTRUCTION
COMPANY, INC., an
Illinois corporation;
TRI -M ASSOCIATES;
RENGER and RENGER; and
UNKNOWN OWNERS,
Defendants.
Case No. 95 ED 9
CONDEMNATION
JURY DEMAND
AGREED FINAL JUDGMENT ORDER
THIS CAUSE COMING ON TO BE HEARD upon the Complaint for Condemnation by the
VILLAGE OF DEERFIELD, a municipal corporation, for the ascertainment for the just compensation
to be made for the taking by said Plaintiff of the fee simple title to the real property described in said
Complaint for Condemnation;
And the Plaintiff VILLAGE OF DEERFIELD appearing by its attorneys, KENNETH C.
SHEPRO of ALTHEIMER & GRAY and by JACK M. SIEGEL, P.C.;
And the defendants FIRSTAR BANK, formerly Deerfield State Bank, as Trustee under Trust
Agreement dated August 31, 1981 and known as Trust No. 329; MEISINGER CONSTRUCTION
COMPANY, an Illinois corporation, MEINTZER CONCRETE CONSTRUCTION COMPANY,
INC., an Illinois corporation, and TRI -M ASSOCIATES, appearing by their attorneys, ROBERT A.
DOWNING and SIDLEY & AUSTIN; and orders of default having been entered against defendants
RENGER and RENGER and UNKNOWN OWNERS, for failure to appear;
And it appearing to the Court that all parties defendant hereto have been served with process in
the manner and form provided for by statute or have duly entered their appearances;
And it further appearing to the Court that the Plaintiff and the owners of record and Parties
interested in the Subject Property have signed and filed with this Court a Stipulation for Final Judgment
Order dated June Z5, 1996;
And the Court having jurisdiction of all parties to this suit and the subject matter hereof, and all
parties interested being before the Court and having waived trial by jury and the Court having heard
evidence, both oral and documentary, pertaining to the subject matter;
FINDS:
And the Court now being fully advised in the premises,
1. That the Plaintiff has the authority to exercise the power of eminent domain; that the
property with respect to which this action was filed has been at all time relevant hereto subject to the
exercise of such right; and that such right is properly exercised in this proceeding; and
2. That the amount to be paid by the Plaintiff as just compensation to the owner or owners
of and party or parties interested in the property hereinafter described, which said Plaintiff seeks to
acquire as stated in its complaint for condemnation filed in this cause is as follows:
To the owner or owners of and party or parties interested in the following described parcel, which
is legally described in Exhibit "A" attached hereto, as full compensation to the owner or owners of and
party or parties interested in the aforesaid real property, for the fee simple title to said parcel, for the
improvements thereon and for all private interests in any public roads, streets and alleys which abut the
said real property, free and clear of all taxes, liens and encumbrances, the sum of ONE HUNDRED
SIXTY THOUSAND DOLLARS ($160,000.00).
The payment of said amounts to be paid to the owner or owners of and parry or parties interested
in said real property will fully compensate said owner or owners of and party or parties interested for
the taking by Plaintiff of said real property herein described.
And the Court being fully advised in the premises, pursuant to the agreement of the parties:
DOTH CONSIDER, ORDER AND ADJUDGE that the sums of money herein awarded by the
Court to the owner or owners of and party or parties interested in said real property described in Exhibit
"A" and in the complaint for condemnation filed herein, is just compensation to the owner or owners
thereof and party or parties interested therein for the taking of the fee simple title to said real property
described herein and judgment is herein entered accordingly.
IT IS THEREFORE ORDERED AND ADJUDGED by the Court that the Plaintiff shall, on
or before August E, 1996, deposit with the Treasurer of Lake County, Illinois, for the benefit of the
owner or owners of and the party or parties interested in said real property the sum of ONE HUNDRED
SIXTY DOLLARS ($160,000.00) as full compensation for the taking by the Plaintiff of the fee simple
title for the parcel described herein.
IT IS FURTHER ORDERED AND ADJUDGED that upon proof being presented to the Court
that the Plaintiff has deposited with the Treasurer of Lake County, Illinois, the said sum of ONE
HUNDRED SIXTY DOLLARS ($160,000.00), judgment herein shall be fully satisfied and Plaintiff will
be entitled to an order vesting title in Plaintiff.
IT IS FURTHER ORDERED AND ADJUDGED that Defendants may withdraw the said sum
in accordance with the Stipulation of the parties herein filed.
IT IS FURTHER ORDERED, pursuant to Stipulation of the parties, that Defendants shall have
the right to remain in their present location on the Subject Property until March 31, 1997, and Plaintiffs
right to possession shall be stayed until said date.
The terms and conditions in the Stipulation entered herein between the parties are incorporated
herein as if fully set forth and the parties agree to be bound by the provisions therein.
This Court shall retain jurisdiction of this cause for purposes of awarding Plaintiff a writ of
assistance to put Plaintiff in possession of the Subject Property and to enforce the terms and conditions
of the Agreed Final Judgment Order and the Stipulations of.the parties filed herein.
The parties have agreed not to appeal this Order.
Dated: J ulk 6
KENNETH C. SHEPRO, ESQ.
ALTHEIMER & GRAY
10 South Wacker Drive
Suite 3700
Chicago, Illinois 60606
(312) 715 -4630
Attorney ID No. 02580349
Attorneys for Plaintiff
APPROVED AS TO FORM AND SUBSTANCE:
JACK M. SIEGEL, ESQ.
ALTHEIMER & GRAY
10 South Wacker Drive
Suite 3700
Chicago, Illinois 60606
(312) 715 -4630
Attorneys for Plaintiff
ENTER:
CIRCUIT COURT JUDGE
FIRSTAR BAN" Trustee, et al.
By: v —7 y�
R069ERT A. DOWN
SIDLEY & AUSTIN
One First National Plaza
Chicago, Illinois 60603
(312) 853 -7434
Attc
�`
KCS04463.DOC JZR 06/11/96 3:43pn
ESQ.
. ^ y
EXHIBIT "A"
LEGAL DESCRIPTION
THE EAST 40 FEET OF LOT 3 IN BLOCK 3 IN HALL
AND OSTERMAN'S ADDITION TO THE TOWN OF
DEERFIELD, IN THE NORTHEAST 1/4 OF SECTION 32
AND THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP
43 NORTH, RANGE 12, EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED JUNE 2, 1874, IN BOOK "A" OF
PLATS, PAGE 16, IN LAKE COUNTY, ILLINOIS.
excepting therefrom the following:
(a) Rights of the public, State of Illinois
and the Municipality, and adjoining owners,
if any, in and to that part of the Subject
Property in question falling in streets,
alleys, roads or highways;
(b) Rights of any public or quasi - public
utilities, if any, for maintenance therein of
poles, conduits, sewers, etc. in streets and
alleys;
Permanent Index No. 16 -33- 105 -002
3676871