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R-98-18RESOLUTION NO. R -98 -18 A RESOLUTION AUTHORIZING THE SETTLEMENT OF LITIGATION AND PURCHASE OF REAL ESTATE WITHIN THE SOUTHWEST QUADRANT 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- 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 756 Robert York Road, Deerfield, Illinois (NAPA Auto Parts Building); and WHEREAS, said eminent domain action is currently pending in the Circuit Court of Lake County, Illinois, as Village of Deerfield v. Northern Trust, et al., No. 98 ED 9 (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 98 ED 9, 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 $462,500.00, 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 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: 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 VILLAGE CLERK IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, LAKE COUNTY, ILLINOIS VILLAGE OF DEERFIELD, a municipal corporation, Plaintiff, vs. No. 98 ED 9 NORTHERN TRUST BANK/LAKE FOREST (formerly FIRST NATIONAL BANK OF LAKE FOREST) as Trustee under Trust No. 4718; CHIP BOATRIGHT, individually and d /b /a NORTH SHORE AUTO PARTS; CHIP BOATRIGHT, individually and d /b /a NAPA AUTO PARTS; JOSEPH MOSEY and UNKNOWN OWNERS, Defendants. SETTLEMENT STIPULATION NOW COMES the VILLAGE OF DEERFIELD, a municipal corporation, by and through its attorneys, MORRISON & MORRISON, P.C., and the Defendants, NORTHERN TRUST BANK/LAKE FOREST (formerly FIRST NATIONAL BANK OF LAKE FOREST) as Trustee under Trust No. 4718; CHIP BOATRIGHT, individually and d /b /a NORTH SHORE AUTO PARTS; CHIP BOATRIGHT, individually and d /b /a NAPA AUTO PARTS (hereinafter "Certain Owners "), by their attorneys, Burke and Ryan, 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 SIXTY -TWO THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ($462,500.00). No costs or interest shall be allowed or added thereto, all costs and interests having been waived, and the Parties -1- EXHIBITS._ 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 30 days after the entry of judgment order. 2. The Plaintiff will default "UNKNOWN OWNERS" for failure to appear after due notice by publication. 3. Certain Owners represent and agree that all leasehold interests have been terminated, and all tenants will have vacated the property as of July 15, 1998. 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. 5. Certain Owners represent and agree that any fees for work done on or at the property described in the Complaint to Condemn have been paid, and Certain Owners have taken no action, or will take no actions, 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 -2- . William Ryan Attorney for Certain Owners