R-98-24RESOLUTION NO. R- 98 -24'
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 7081/2 Waukegan Rd., Deerfield, Illinois (Artemis) ; and
WHEREAS, said eminent domain action is currently pending in the Circuit Court of
Lake County, Illinois, as Village of Deerfield v. Aegean Sea Inc., et al., No. 98 ED 20
(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 20, as set forth in Exhibit
A, are hereby approved. The Village of Deerfield shall pay
preliminary compensation for the taking of the property of
$125,000.00.
SECTION Special Counsel for the Village of Deerfield, Joseph T.
TWO: Morrison, is hereby authorized and directed to obtain a final
order in the Litigation vesting title in the Village of Deerfield.
SECTION Special Counsel for the Village of Deerfield, Joseph T.
THREE: Morrison, is hereby authorized and directed to take such other
actions as may be required in the Litigation to determine the
final amount of just compensation and make further reports to
the President and Board of Trustees as may be required.
AYES: Ehlers, Heuberger, Rosenthal, Swanson, Swartz (5)
NAYS: Seidman (1)
ABSENT: None (0 )
PASSED this 31s' day of August, A.D., 1998.
APPROVED this 31st day of August, A.D., 1998.
rsq�'-'001/
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VRAGE CLERK
Aug -31 -98 08:43A P.02
FROM : MORRISON & MORRISON, P. C. PHONE Nk, : 8472446817 Pvq. 21 1998 12:46PM P2
IN THE CIRCUIT COURT OF THE NINETEENTH
JUDICIAL CIRCUIT, LAKE COUNTY, ILLINOIS
VILLAGE OF DEERFIELD, a municipal
corporation.
Plaintiff,
VS.
No. 98 ED 20
AEGEAN SEA, INC., an Illinois Corpora-
tion, FERNANDO RUIZ, JAMES
PANAGMS, JOHN KOWJNOS, PAUL
SAKKOS, ANGELO CARDERAS and
Unknown Owners,
Defendants
AGREED ORDER
THIS CAUSE ooming on to be heard for hearing upon the Motion for Immediate
Vesting of Title filed by the Plaintiff, VILLAGE OF DEERFIELD. with attorney Joseph T.
MOMi$w appearing on behalf of the plaintiff, VILLAGE OF DEERFIELD, and attorney Marc
C. Smith of Smith & Herzog appearing on behalf of the defendants, AEGEAN SEA, INC.,
FERNANTO RUIZ and' JAMES PANAGAKIS, due notice having been given to the
defendants and the parties having waived their right to a hearing on the Motion for
Immediate Vesting of Title, and the Court having 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 and leasehold interests sought to be taken herein is subject to the exercise of
such right, and such right is ruing properly exercised in this proceeding.
2. A reasonable necessity exists for the taking of the property and leasehold
interests daimribed in the /Complaint to Condemn filed by the plaintiff and in Plaintiff's
Motion for Imm ediate Vesting of Title in the manner stated in said Motion.
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Aug -31 -98 08:43A P_03
FRO M- : MMISMI 2 MORRISON, P. C. °HME NO. : 8472446817 Aug. 21 1998 12:47PM P3
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 $125,000.00.
5. The Defendants III be aftwed to remain in possession of property and
leasehold described in the Complaint to Condemn from August 1996 through
December 31, 1988. The Defendwts have agreed to pay the gum of $7,500.00 per month
as rent for the months of August, September, October, November and December, 1998.
The Defendant's shall make this rental payment to the existing landlord and landlord
agrees to accept those rental payments as the full base rental due under the lease. The
remaining provisions of the lease between landlord and the Defendants shall remain in full
force and effect.
6. The 0aftndants shell vacate the premises and all rights of possession are
terminated as of December 31, 1998.
7. The defendants shall remain open for business as a restaurant from August
through December 31,1998, with hours from 6:00 a.m. to 10:00 p.m., Sunday through
Saturday. Defend is under_ sxar� and agree that the fact that they will remain open for
business contin 11y�u ti Decembe 31, 1 998, is a material reason why the Village has
entered into this Agreed Order.
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Aug -31 -98 08:43A P.04
FRfJM !aCu� t C.r;N ?. �uu?P ;err, P. C.
PHGrd6 NO. : RZ72244631.7
Tharef ;ore, it is hereby ordered that:
kiq. 21 S9-t 1?:47r}tt Pd
A. The preliminay just wrripan ation for the taking of the Defendants'
property and leasehold interest is deemed to Do. a totat Of
$12 -5,000.00, without prejuaice to either party's rigs; to proceed to
jury trial to determine the final just compensation.
S. The Plaintiff shall deposit with the County Troasurer of Land County,
Illinois, the preliminary just compensation in th® amount of
$125,000.00 an or before September 2, 1998 and effective upon
deposit of said amount, the Plaintiff shad be entitled, upon proper
nct;ae to all interested parties or their counsei of record. to an Order
Vesting Title to the property and leasehold interest described in the
Complaint to Condemn, and any and ail existing rights of the
defendant, shall be extinguished in accordanw with tree terms of this
Order. Upon entry of the Order Vesting T itle, Plaintiff shall be
authorized to take possession of the property dawrrbed in the
Complaint to Condemn after December 31, 199P. That property and
leasehold Interest is legally described on the attached E=xhibit A.
7. This case is set for status on September 2, .995.
Entered this day of August, 1998.
Agreed to: , --%
By, fr.
,.Joseph�`'Morrison
Attorney for Plaintiff
i
Order Prepared 8y:
Joseph T. Morrison
MORRISON & MORRISON, P.C.
32 N. West Street
Waukegan, IL ISOW5
847/244 -2660
Attorney 96182078
ENTERED BY:
JUDGE.
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