R-99-08RESOLUTION NO. R -99- O8
A RESOLUTION AUTHORIZING THE SETTLEMENT OF
LITIGATION AND PURCHASE OF REAL ESTATE WITHIN THE
SOUTH COMMONS PROJECT OF THE VILLAGE CENTER PROJECT AREA
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- 99 -09, the Village of Deerfield authorized the
acquisition of certain real estate within the southwest quadrant of the Village Center
Project Area for the purposes of downtown redevelopment in the area commonly referred
to as the "South Commons;" and
WHEREAS, pursuant to Ordinance No. 0- 99 -09, an action in eminent domain was
filed to acquire certain parcels of land commonly known as 705 and 713 Central Ave.,
Deerfield, Illinois (Bernardi Parcels); and
WHEREAS, said eminent domain action is currently pending in the Circuit Court of
Lake County, Illinois, as Village of Deerfield v. Bernardi, et al., No. 99 ED 4 (hereinafter
"Litigation "); and
WHEREAS, all matters at issue in the Litigation have been resolved between the
parties thereon upon the terms and conditions more specifically 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 the settlement of the Litigation
ONE: known as 998 ED 4, as set forth in the Settlement Stipulation
attached hereto as Exhibit A, are hereby approved and Special
Counsel for the Village of Deerfield, Joseph T. Morrison, is
authorized to execute this Settlement Stipulation on behalf of
the Village of Deerfield. The Village of Deerfield shall acquire
the real estate described in the Litigation for $450,000.00,
according to the terms of the Settlement Stipulation.
SECTION Special Counsel for the Village of Deerfield, Joseph T.
TWO: Morrison, is hereby authorized and directed to obtain a final
judgment order in the Litigation consistent with the terms and
RESOLUTION NO. R -99 -08
conditions set forth on Exhibit A attached hereto.
SECTION Village Manager and Special Counsel for the Village of
THREE: Deerfield, Joseph T. Morrison, are hereby authorized and
directed to take such other actions as may be required to fully
effectuate the terms and conditions of the settlement of the
Litigation as set forth on Exhibit A attached hereto to assure
proper title be vested in the Village of Deerfield.
AYES: Harris, Heuberger, Ragona, Seiden, Swanson (5)
NAYS:. None (0 ).
ABSENT: Rosenthal (1)
PASSED this 17Jdy of May, A.D., 1999
APPROVED this17(jgy o$KaY, A.D., 1999.
VILLAGE PRESIDENT
VIL&GE CLERK
IN THE CIRCUIT COURT OF THE NINETEENTH
JUDICIAL CIRCUIT, LAKE COUNTY, ILLINOIS
VILLAGE OF DEERFIELD, a municipal )
corporation, }
Plaintiffs, )
vs. )
WANDA L. BERNARDI, as Trustee under )
a declaration of trust dated the 15`h day of )
November, 1990, and UNKNOWN )
OWNERS, )
Defendants. )
No. 99 ED 4
SETTLEMENT STIPULATION
NOW COMES the VILLAGE OF DEERFIELD, a municipal corporation, by and
through its attorneys, MORRISON & MORRISON, P.C., and the Defendant, WANDA L.
BERNARDI, as Trustee under a declaration of trust dated the 151 day of November, 1990,
(hereinater "Owner") by her attorney, Thomas D. Resnick, and hereby state and agree that
the total just compensation to be paid for the taking of the property described in the
Complaint for Condemnation shall be FOUR HUNDRED FIFTY THOUSAND AND NO /100
DOLLARS ($450,000.00). No costs or interest shall be allowed or added thereto, all costs
and interests having been waived, and the Parties waive view of the premises, waive trial
by jury, and consent to the entry of a Judgment Order in accordance with this Stipulation.
Furthermore, as part of this Stipulation, the Parties have agreed as follows:
1. The just compensation shall be deposited by the Plaintiff with the Treasurer
of Lake County, Illinois, within 60 days after the entry of judgment order.
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2. The Plaintiff will default "UNKNOWN OWNERS" for failure to appear after
due notice by publication.
3. Owner represents and agrees that all leasehold interests have been
terminated, and all tenants will have vacated the property as of July 1, 1999.
4. Upon the deposit of just compensation, Plaintiff will be vested with fee simple
title to the real estate, and will be entitled to exclusive possession of the property
described in the Complaint to Condemn. Plaintiff will not deposit the just compensation
prior to July 1, 1999, without the consent of the Owner.
5. Owner represents and agrees that any fees for work done on or at the
property described in the Complaint to Condemn, or any other fees or charges associated
with the property will be paid by July 1, 1999, and Owner has not taken, nor will take no
action which might result in a possible mechanic's lien or other liens being asserted
against the property.
Joseph T. Morrison
Attorney for VILLAGE OF DEERFIELD
Prepared By:
MORRISON & MORRISON, P.C.
32 N. West Street.
Waukegan, IL 60085
847 - 244 -2660
Attorney No. 6182078
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Thomas D. Resnick
Attorney for Defendant/ Owner