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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