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R-98-16RESOLUTION NO. R -98 -16 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 -07, 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; and WHEREAS, pursuant to Ordinance No. 0- 98 -07, an action in eminent domain was filed to acquire a certain parcel of land described in Ordinance No. 0 -98 -07 and commonly known as 760 Osterman Avenue, Deerfield, Illinois (Deerfield Medical Associates Building); and WHEREAS, said eminent domain action is currently pending in the Circuit Court of Lake County, Illinois, as Village of Deerfield v. H.D. Electric Company, et al., No. 98 ED 13 (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 13, as set forth in Exhibit A, are hereby approved. The Village of Deerfield shall pay preliminary compensation for the taking of the property of $525,000.00. 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: Heuberger, Rosenthal, Seidman, Swanson, Swartz (5) NAYS: None (0 ) ABSENT: Ehlers (1) PASSED this 6' day of July, A.D., 1998. APPROVED this 61 day of July, A.D., 1998. VILLAGE PRESIDENT viN,A,'GE CLERK IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, LAKE COUNTY, ILLINOIS VILLAGE OF DEERFIELD, a municipal corporation, Plaintiff, vs. THE H.D. ELECTRIC COMPANY, an Illinois corporation; LASALLE BANK/ NORTHBROOK; DEERFIELD. MEDICAL ASSOCIATES, INC.; and UNKNOWN OWNERS, Defendants. ) ki-teld ORDER No. 98 ED 13 r,-# � E. JUN 2 5 1998 9 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 John Foran appearing on behalf of the defendant, H &D ELECTRIC COMPANY, due notice having been given to the defendants and the court having heard the testimony of the witnesses, considered the written pleadings, and arguments of counsel, and the Court being fully advised, the Court hereby finds that: 1. The Plaintiff has the authority to exercise the right of eminent domain, the property sought to be taken herein is subject to the, exercise of such right, and such right is being properly exercised in this proceeding; 2. A reasonable necessity exists for the taking of the property described in the Complaint to Condemn filed by the plaintiff and in Plaintiffs Motion for Immediate Vesting of Title in the manner stated in said Motion; 3. It is evident that the Defendant's property is required for the downtown redevelopment project of the Plaintiff, and that a need exists to acquire title to the property of the Defendant 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 described in the Complaint to Condemn and in the Motion for Immediate Vesting of Title is a total of $ 6D� 000.00 Therefore, it is hereby ordered that: A. The preliminary just compensation for the taking of the Defendants' property is deemed to be a total of $ S3s-- n0o . 7 0 B. The Plaintiff shall within thirty (30) days from the date of entry of this Order deposit with the County Treasurer of Lake County, Illinois, the preliminary just compensation in the amount of $ S 00o ,0 0 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 with fee simple title to the real estate described in the Complaint to Condemn, and any and all existing rights of the defendants shall be extinguished. Upon entry of the Order Vesting Title, Plaintiff shall be authorized to take immediate possession of the property described in the Complaint to Condemn. That property is legally described on the attached Exhibit A. Entered this 25th day of June, 1998. Order Prepared By: Joseph T. Morrison MORRISON & MORRISON, P.C. 32 N. West Street Waukegan, IL 60085 847/244 -2660 Attorney #6182078 -2- ENTERED BY: WGASI AN JUDGE Village Parcel Number 52 PIN: 16 -32- 200 -029 and 16 -33- 100 -014 Commonly known as 760 OSTERMAN AVENUE (DOCTOR'S BUILDING) THAT PART OF LOT 5 IN PHIELEMAN CADWELL'S ADDITION TO THE TOWN OF DEERFIELD, SAID ADDITION BEING A PART OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN AND OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 32, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF OSTERMAN AVENUE AND THE EASTERLY LINE OF THE DEPOT GROUNDS OF THE CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD; THENCE EAST ALONG SAID NORTH LINE OF OSTERMAN AVENUE 65 FT FOR A POINT OF BEGINNING; THENCE NORTH AT RIGHT ANGLES TO SAID NORTH LINE OF OSTERMAN AVENUE 122 FEET; THENCE EAST ON A LINE PARALLEL WITH THE SAID NORTH LINE OF OSTERMAN AVENUE 48.73; THENCE SOUTHEASTERLY TO A POINT ON THE SAID NOD NORTH LINE OF OSTERMAN AVENUE WHICH IS 75 FEET EAST OF THE POINT OF BEGINNING; THENCE WEST 75 FEET ALONG THE SAID NORTH LINE OF OSTERMAN AVENUE TO THE POINT OF BEGINNING, EXCEPT THAT PART TAKEN FOR HIGHWAY PURPOSED BY THE DEPARTMENT OF TRANSPORTATION BY DEED RECORDED AS DOCUMENT 3135568, IN LAKE COUNTY, ILLINOIS, EXCEPT FOR THOSE LANDS PREVIOUSLY DEDICATED OR ACQUIRED FOR PUBLIC USES. EXHIBIT A