R-98-23RESOLUTION NO. R -98- 23
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 763 Deerfield Road, Deerfield, Illinois (Alonzi Medical Building); and
WHEREAS, said eminent domain action is currently pending in the Circuit Court of
Lake County, Illinois, as Village of Deerfield v. First Midwest Trust Company, et al., No. 98
ED 10 (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 10, as set forth in Exhibit
A, are hereby approved. The Village of Deerfield shall pay
preliminary compensation for the taking of the property of
$550,000.00.
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 311 day of August A.D., 1998.
APPROVED this 3`d day of August A.D., 1998.
VILLAGE PRESIDENT (pro Tem)
V1 GE CLERK
I
IN THE CIRCUIT COURT OF THE NINETEENTH
JUDICIAL CIRCUIT, LAKE COUNTY, ILLINOIS
VILLAGE OF DEERFIELD, a municipal
corporation,
Plaintiff,
vs.
FIRST MIDWEST TRUST COMPANY,
N.A., as Trustee under Trust No. 5831;
DR. LOUIS P. ALONZI, as Trustee under
the DR. LOUIS P. ALONZI Revocable
Trust; ANNA MAE ALONZI, as Trustee
under the ANNA MAE ALONZI Revocable
Trust; JERROLD HOPPE, D.D.S.; MIMI
ALTMAN, individually and d /b /a THE
VILLAGE SECRETARY; DR. MARK T.
WILL; GOULD -KELLY WORLD TRAVEL
OF DEERFIELD; and UNKNOWN
OWNERS,
Defendants
No. 98 ED 10
ORDER
?I I ,�,
aut 2 8 1998
cUiT c
K
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
Robert T. O'Donnell appearing on behalf of the defendant, JERROLD HOPPE, D.D.S., 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-
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 $550,000.00 .
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 $550,000.00.
B. The Plaintiff shall within ten (10) 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 $550,000.00 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.
C. The findings made by the Court on the record are also incorporated
and made a part of this Order.
-2-
IT IS FURTHER ORDERED that the defendant Hoppe's Motion to
Strike the Village's Motion for Immediate Vesting of Title is denied.
Entered this 28th day of July, 1998.
Order Prepared By:
Joseph T. Morrison
MORRISON & MORRISON, P.C.
32 N. West Street
Waukegan, IL 60085
847/244 -2660
Attorney #6182078
-3-
ENTERED BY:
JUDGE
Village Parcel Number 5
PIN: 16 -33- 101 -001 Commonly known as
763 DEERFIELD ROAD
(HOPPE BUILDING)
LOT 5 IN BLEIMEHL'S SUBDIVISION OF PARTS OF SECTIONS 32 AND 33, TOWNSHIP
43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE VILLAGE
OF DEERFIELD, LAKE COUNTY, ILLINOIS ACCORDING TO THE PLAT THEREOF
RECORDED OCTOBER 7, 1909 AS DOCUMENT 124960 IN BOOK "H" OF PLATS, PAGE
45, IN LAKE COUNTY, ILLINOIS.
EXHIBIT A