R-98-22RESOLUTION NO. R -98- 22
A RESOLUTION AUTHORIZING THE
PAYMENT OF PRELIMINARY COMPENSATION
WHEREAS, the Village of Deerfield is authorized to acquire real estate, including
the right to exercise eminent domain if necessary, for the purpose of acquiring real estate
for downtown redevelopment purposes pursuant to the provisions of 5/11 -61 -1 and 5/11-
74.4-4 of the Chapter 65 of the 1996 Illinois Compiled Statutes; and
WHEREAS, by Ordinance No. 0- 98 -29, the Village of Deerfield authorized the
acquisition of certain real estate and leasehold interests within the southwest quadrant of
the Village Center Project Area for the purposes of downtown redevelopment; and
WHEREAS, pursuant to Ordinance No. 0- 98 -29, an action in eminent domain was
filed to acquire a certain real estate and leasehold interests described in Ordinance No.
0 -98 -29 and commonly known as 716 Waukegan Rd., Deerfield, Illinois (Jewel) ; and
WHEREAS, said eminent domain action is currently pending in the Circuit Court of
Lake County, Illinois, as Village of Deerfield v. American Stores, et al., No. 98 ED 19
(hereinafter "Litigation "); and
WHEREAS, the Village of Deerfield has filed a Motion for Immediate Vesting of Title
( "Quick- Take "); and
WHEREAS, the Defendant has agreed to the entry of an Order granting the Motion
for Immediate Vesting of Title, the terms of that Order being 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 of the Order.
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 the Order granting the Motion for
ONE: Immediate Vesting of Title in 98 ED 19, as set forth in Exhibit
A, are hereby approved. The Village of Deerfield shall pay
preliminary compensation for the taking of the property of
$500,000.00.
SECTION Special Counsel for the Village of Deerfield, Joseph T.
TWO: Morrison, is hereby authorized and directed to obtain a final
order in the Litigation vesting title in the Village of Deerfield.
SECTION Special Counsel for the Village of Deerfield, Joseph T.
THREE: Morrison, is hereby authorized and directed to take such other
actions as may be required in the Litigation to determine the
final amount of just compensation and make further reports to
the President and Board of Trustees as may be required.
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz (5)
NAYS: None (0 )
ABSENT: Swanson (1)
PASSED this 20th day of July, A.D., 1998.
APPROVED this 20th day of July, A.D., 1998.
VILLAGE PRESIDENT (Pro Tem)
VIIJ(bkd�E CLERK
= ?tx MORRISON & MORRISON, P. C. PHONE NO. : e472446617 Jul. 20 1998 10 :10AN P4
IN THE CIRCUIT COURT OF THE NINETEENTH
JUDICIAL CIRCUIT, LAKE COUNTY, ILLINOIS
VILLAGE OF DEERFIELD, a municipal
corporation,
Plaintiff,
vs.
No. 98 ED 19
AMERICAN STORES PROPERTIES, INC.,
JEWEL FOOD'STORES, and UNKNOWN
OWNERS,
Defendants
AGREED ORDER
C�
THIS CAUSE coming on to be heard for hearing upon the Motion for Immediate
Vesting of.Title filed by the Plaintiff, VILLAGE OF DEERFIELD, with attorney Joseph T.
Morrison appearing on behalf of the plaintiff, VILLAGE OF DEERFIELD, and attorney Eric.
A. Oesterle appearing on behalf of the defendants, AMERICAN STORES PROPERTIES,
INC. and JEWEL FOOD STORES, INC. due notice having been given to the defendants
and the parties having waived their right to a hearing, and the Court having considered the
written pleadings, and arguments of counsel, and the. Court being fully advised, the Cour4
hereby finds that:
1. The Plaintiff has the authority to exercise the right of eminent domain, the
property and leasehold interests sought to be taken herein is subject to the exercise o=
such right, and such right is being properly exercised in this proceeding.
2. A reasonable necessity exists for the taking of the property and leasehold
interests described in the Complaint to Cordemn filed by the plaintiff and in Plaintiffs
Motion for Immediate Vesting of Title in the manner stated in said Motion.
J
MORRISON & MORRISON, P.C. PHONE NO. : 8472446817 Jul. 20 1998 10:11AM P5
3. It is evident that the Defendant's property and leasehold interest is required
for the downtown redevelopment project of the Plaintiff, and that a need exists to acquire
the property and leasehold interest of the Defendants in order to meet the schedule or
plan of the Plaintiff; and
4. The preliminary just compensation for the taking of fee simple title of the
property and leasehold interest as described in the Complaint to Condemn and in the
Motion for Immediate Vesting of Title is a total of $500,000.00.
Therefore, it is hereby ordered that:
A. The preliminary just compensation for the taking of the Defendants'
property and leasehold interest is deemed to be a total of
$500,000.00.
B. The Plaintiff shall deposit with the County Treasurer of Lake County,
Illinois, the preliminary just compensation in the amount of
$500,000.00 on or before August 28,1998, and effective upon deposit
of said amount, the Plaintiff shall be entitled, upon proper notice to all
interested parties or their counsel of record; to an Order Vesting Title
to the property and leasehold interest described in the Complaint to
Condemn, and any and all existing rights of the defendants shall be
extinguished as of August 30, 1998. Upon entry of the Order Vesting
Title, Plaintiff shall be authorized to take immediate possession of the
property described in the Complaint to Condemn after August 30,
1998_ That property and leasehold interest is legally described on
the attached Exhibit A.
MORRISON & MORRISON, P. C. PHONE N0. 8472446817 Jul. 20 1998 10:11AM P6
Entered this day of July, 1998.
ENTERED BY:
14ENRY C. TONTIGAN
JUDGE
Order Prepared By:
Joseph T. Morrison
MORRISON & MORRISON, P.C.
32 N. West Street
Waukegan, IL 60085
847/244 -2660
Attorney #6182078