R-99-07RESOLUTION NO. R -99 -07
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 -21, 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 -21, an action in eminent domain was filed
to acquire a certain parcel of land described in Ordinance No. 0 -98 -21 and commonly known as 612
Waverly, Deerfield, Illinois ( Touhy Lumber Building); and
WHEREAS, said eminent domain action is currently pending in the Circuit Court of
Lake County, Illinois, as Village of Deerfield v. Touhy Lumber Company, et al., No 98 ED 22
(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:
SECTIO The terms and conditions of the Order granting the Motion for
ONE: Immediate Vesting of Title in 98 ED 22, 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.
SECTIO N 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 7
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: Harris, Heuberger, Ragona, Seiden, Swanson (5)
NAYS: None (0 )
ABSENT: Rosenthal (1)
PASSED this 7thday of May , A.D., 1999.
APPROVED this 17t1day of May , A.D., 1999.
Village President
ATTEST:
Villa e Clerk
FROM : MORRISON & MORRISON, P.C. PHONE NO. : 8472446617 May. 14 1999 03:02PM P9
IN THE CIRCUIT COURT OF THE NINETEENTH
JUDICIAL CIRCUIT, LAKE COUNTY, ILLINOIS
VILLAGE OF DEERFIELD, a municipal }
corporation, }
}
Plaintiff, )
vs. ) No. 98 ED 22
CHICAGO TITLE and TRUST COMPANY, )
a corporation of Illinois, AS TRUSTEE
UNDER TRUST AGREEMENT DATED '
MARCH 17, 1967 AND KNOWN AS TRUST)
NUMBER 50407; TOUHY LUMBER
. V J
COMPANY, INC, an Illinois corporation; an
UNKNOWN OWNERS, )
011 FA
Defendants. )
AGREED ORDER
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, Attorney William
Ryan of Burke and Ryan appearing on behalf of CHICAGO TITLE AND TRUST, as
Trustee under Trust Agreement dated March 17, 1967, and known as Trust No. 504507,
and Attorney John Foran of Foran, Nasharr & O'Toole, appearing on behalf of Defendant
TOUHY LUMBER, 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
1. Defendants have withdrawn their traverse and motion to dismiss and have
agreed to the entry of the order.
FROM : MORRISON & MORRISON, P.C. PHONE NO. : 947244GE17
May. 14 1999 03:02PM P10
2. 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.
.3. A reasonable necessity exists for the taking of the property described in the
Complaint to Condemn filed by the Plaintiff, and in Plaintiff's Motion for Immediate Vesting
of Title in the matter stated in said Motion
4. 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,
5. 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 FIVE HUNDRED FIFTY
THOUSAND DOLLARS ($550,000.00).
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 FIVE HUNDRED FIFTY
THOUSAND DOLLARS ($550,000.00).
b. The Plaintiff shall within 60 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 FIVE HUNDRED
FIFTY THOUSAND DOLLARS ($550,000,00).
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. Upon entry of the order vesting title, any and all existing rights of the
Defendants in the real estate shall be extinguished, and the Plaintiff
-2-
FROM MORR18ON & MORRISON, P.C. PHONE NO. 84724468I7 May. 14 1999 03:03PM Pll
11ORPIGON- '-'. C
si-zil be Ru!horiZed to lak6 DOSGen,'-lon of the prooertv descm)(3d In
the Compl;;nt to ContGrrn on ,,No date specilfled in that crdg,- vesting
title. 'hclt properly is described on the attached Exhibit A
ENTERED this- 40 day of May, 1999.
Order prepared by:
Joseph T. Morrison,
MORRISON & MORRISON, P.C.
32 N. West Street
Wa ukegan. IL 60086.
1847-144-2660
Attomey No. 61$2078
-3-
Judge
Willia,r, Pyan, Attorney for Defamdent
Y-An Foran, Attorney for Defendants