R-99-04RESOLUTION NO. R-99-04
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
Chapter 65 of the 1996 Illinois Compiled Statutes; and
WHEREAS, by Ordinance No. 0- 98 -20, 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 -20, an action in eminent domain was
filed to acquire a certain parcel of land described in Ordinance No. 0 -98 -20 and commonly known
as 750 Central Avenue, Deerfield, Illinois (H.D. Electric Building); and
WHEREAS, said eminent domain action is currently pending in the Circuit Court of
Lake County, Illinois, as Village of Deerfield v. The H.D. Electric Company, et al., No 98 ED 23
(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:
SECTION The terms and conditions of the Order granting the Motion for
ONE: Immediate Vesting of Title in 98 ED 23, as set forth in Exhibit A, are
hereby approved. The Village of Deerfield shall pay preliminary
compensation for the taking of the property of $920,000.
SECTION Special Counsel for the Village of Deerfield, Joseph T. Morrison, is
TWO: hereby authorized and directed to obtain a final order in the
Litigation vesting title in the Village of Deerfield.
RESOLUTION NO. R -99-0 4
A RESOLUTION AUTHORIZING THE
PAYMENT OF PRELIMINARY COMPENSATION
SECTION Special Counsel for the Village of Deerrfield, Joseph T. Morrison, is
THREE: 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, Swanson, Swartz (6)
NAYS: None (0 )
ABSENT: None (0 )
PASSED this 5th day of April , A.D., 1999.
APPROVED this Sthday of April , A.D., 1999.
V' age President
Vilyge 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; ROBERT HOFFMAN;
MARK HOFFMAN; LASALLE NATIONAL
TRUST, NA, as Successor Trustee to
LASALLE NATIONAL BANK as Trustee
under Trust Agreement dated February 5,
1985, and known as Trust No. 25 -2850-
000; LASALLE BANK NORTHBROOK;
and UNKNOWN OWNERS,
Defendants
No. 98 ED 23
AGREED ORDER
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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 of Foran, Nasharr & O'Toole, appearing on behalf of Defendants H.D.
ELECTRIC COMPANY, ROBERT HOFFMAN, MARK HOFFMAN, and LASALLE
NATIONAL TRUST, NA, as Successor Trustee to LASALLE NATIONAL BANK as Trustee
under Trust Agreement dated February 5, 1985, and known as Trust No. 25- 2850 -000, due
notice having been given to all Defendants, and the parties having stipulated as to an
amount of preliminary just compensation, and the Court otherwise being otherwise fully
advised, the Court hereby finds that:
I . 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 matter stated in said Motion.
3. It is evident that the Defendant's property is required for the redevelopment
project of the Plaintiff, and that a need exists to acquire title. to that property of the
Defendants in order to meet the schedule or plan of the Plaintiff.
4. Pursuant to the stipulation of the parties, the preliminary just compensation
for the taking of fee simple title of the real estate described in the Complaint to Condemn
and in the Motion for Immediate Vesting of Title is a total of NINE HUNDRED TWENTY
THOUSAND DOLLARS ($920,000.00).
Therefore, it is hereby ordered that:
a. The preliminary just compensation for the taking of Defendant's
property is deemed to be a total of NINE HUNDRED TWENTY
THOUSAND DOLLARS ($920,000.00).
b. The Plaintiff shall within 30 days from the date of the entry of this
Order deposit with the County Treasurer of Lake County, Illinois, the
preliminary just compensation in the amount of NINE HUNDRED
TWENTY THOUSAND ($920,000.00).
C. After 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.
d. Plaintiff and Defendant will attempt to agree upon a date vesting title
in the Plaintiff, but in no event shall this date be after July 1, 1999.
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0
FR10M MO RR I SC1r+ 2 MGRR I SO4, P. C.
PiOjE r-O. . e47244459 `.:. _ er, 17 1999 12•ia "M 02
e. Upon entry of the order vesting title, any and all existing rights of the
Defendants in the real estate shall be extinguished, and the Plaintif`
shall be authorizod to take possession of the property described in
the Complaint to Condemn on the date specified in that order vesting
title. That property Is legally described on P)e attached Et t A.
ENtERl_D this IV day of March, 1999,
Ag
Morrison, Attorney for Plaintiff
Order prspared by:
Joseph T. Morrison
MORRISON & MORRISON, P.C.
32 N. West Street
Waukegan, IL 60085
847 -244 -2680
Attorney No. 6182078
GNQRLES F. SCOTT
Judge
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EXHIBIT A
LEGAL DESCRIPTION
LOT 5 IN BLOCK 3 IN HALL AND OSTERMAN'S ADDITION TO THE TOWN OF
DEERFIELD'IN THE NORTHEAST QUARTER OF SECTION 32 AND THE NORTHWEST
QUARTER OF SECTION 33 TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 2,
1874 IN BOOK "A" OF PLATS, PAGE 16, IN LAKE COUNTY, ILLINOIS
,f_