R-99-09RESOLUTION NO. R -99 -09
A RESOLUTION AUTHORIZING
THE SETTLEMENT OF LITIGATION WITHIN THE
SOUTHWEST QUADRANT OF THE VILLAGE CENTER PROJECT AREA
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 (Hoppe 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, et al., No. 98 ED 10
(hereinafter "Litigation "); and
WHEREAS, the Village of Deerfield had filed a Motion for Immediate Vesting of
Title, and had approved the payment of $550,000 as preliminary just compensation by
Resolution R- 98 -23; and
WHEREAS, all remaining matters at issue in the Litigation have been resolved
between the parties thereon upon the terms and conditions more specifically 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.
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 settlement of the Litigation
ONE: known as 98 ED 9, as set forth in the Settlement Stipulation
attached hereto as Exhibit A, are hereby approved and Special
Counsel for the Village of Deerfield, Joseph T. Morrison, is
authorized to execute this Settlement Stipulation on behalf of
the Village of Deerfield. The Village of Deerfield shall acquire
the real estate described in the Litigation for the final just
compensation of $640,000.00, according to the terms of the
Settlement Stipulation.
RESOLUTION NO. R -99 -09
SECTION Special Counsel for the Village of Deerfield, Joseph T.
TWO: Morrison, is hereby authorized and directed to obtain a final
judgment order in the Litigation consistent with the terms and
conditions set forth on Exhibit A attached hereto.
SECTION Village Manager and Special Counsel for the Village of
THREE: Deerfield, Joseph T. Morrison, are hereby authorized and
directed to take such other actions as may be required to fully
effectuate the terms and conditions of the settlement of the
Litigation as set forth on Exhibit A attached hereto, and to
confirm proper title had been vested in the Village of Deerfield.
AYES: Heuberger, Ragona, Seiden, Swanson (4)
NAYS: None (0 )
ABSENT: Rosenthal (1) RECUSE: Harris
PASSED this 17th day of May, A.D., 1999.
APPROVED this7thday of May, A.D., 1999.
VI GE PRESIDENT
T T1 i� -
IN THE CIRCUIT COURT OF THE NINETEENTH
JUDICIAL CIRCUIT, LAKE COUNTY, ILLINOIS
VILLAGE OF DEERFIELD, a municipal )
corporation, )
Plaintiff, )
vs. ) No. 98 ED 10
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 , at Trustee
under the ANNA MAE ALONZI Revocable
Trust; JERROLD HOPPE, D.D.S.; MIM1
ALTMAN, individually and d /b /a THE
J
VILLAGE SECRETARY; DR. MARK T.
WILL; GOULD -KELLY WORLD TRAVEL
OF DEERFIELD; and UNKNOWN
OWNERS,
Defendants.
FINAL SETTLEMENT STIPULATION
NOW COMES the VILLAGE OF DEERFIELD, a municipal corporation, by and
through its attorneys, Morrison & Morrison, P.C., and Defendant owner JERROLD HOPPE,
D.D.S., by and through his attorney, Robert O'Donnell of Eiden & O'Donnell, Ltd., and
hereby stipulate and agree and follows:
1. On March 26, 1998, Plaintiff filed its Complaint for Condemnation to acquire
fee simple title to the property commonly known as 763 Deerfield Road, Deerfield, Illinois,
as legally described in the Complaint for Condemnation.
2. All of the Defendants to this proceeding have been served with process or
have entered their appearances, and this Court has jurisdiction of the subject matter of this
proceeding and all parties.
HIBIT
3. Plaintiff filed a Motion for Immediate Vesting of Title, and on July 28, 1998,
this Court entered an order granting the Motion for Immediate Vesting of Title and
determining the preliminary amount of just compensation was $550,000.
4. The Plaintiff has deposited the preliminary amount of $550,000 and was
vested with fee simple title to the real estate described in the Complaint to Condemn on
August 12, 1998.
5. The parties have now agreed that the total and final just compensation to be
paid for the taking of the property described in the Complaint for Condemnation shall be
$640,000,00.
6. In consideration of the payment by the Plaintiff of the total and final amount
of just compensation in the amount of $640,000.00, the Defendant, JERROLD HOPPE,
D.D.S., hereby releases and forever discharges the VILLAGE OF DEERFIELD from any
and all claims or demands of any type or nature arising out of the taking of the property
described in the Complaint to Condemn.
7. The Plaintiff has already deposited the sum of $550,000.00 with the
Treasurer of Lake County, and the parties agree that within 60 days from the date of the
final judgment order, Plaintiff shall deposit with the Lake County Treasurer the additional
sum of $90,000.00 for the benefit of the Defendant owner, HOPPE, and all other persons
interested in the real estate described in the Complaint to Condemn.
8. Defendant HOPPE waives any claim for the payment of interest or costs on
the additional amount that has not already been paid by the Plaintiff.
9. The parties hereby waive any right to a view of the premises, trial by jury, and
consent to an entry of a judgment order in accordance with this Stipulation.
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10. The parties agree that this Stipulation is entered into voluntarily, and both
parties have. had the advice of counsel prior to the execution of this Stipulation, and that
the respective attorneys for each party have been authorized to execute this Settlement
Stipulation.
Stipulation prepared by:
Joseph T. Morrison
MORRISON & MORRISON, P.C.
32 N. West St.
Waukegan, IL 60085
847 - 244 -2660
Attorney No. 6182078
9
Joseph T. Morrison
Attorney for Plaintiff
By
�'- Robe# O'Donnell
Attorney for Defendant/Owner, JERROLD
HOPPE, D.D.S.
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