R-99-12RESOLUTION NO. R -99 -12
A RESOLUTION AUTHORIZING THE
PAYMENT OF PRELIMINARY COMPENSATION
(Volberding)
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 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- 99 -09, 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- 99 -09, an action in eminent domain was
filed to acquire a certain parcel of land described in Ordinance No. 0 -99 -09 and commonly
known as 721 Central, Deerfield, Illinois (Volberding); and
WHEREAS, said eminent domain action is currently pending in the Circuit Court of
Lake County, Illinois, as Village of Deerfield v. Volberding, No. 99 ED 6 (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 99 ED 6, as set forth in Exhibit A,
are hereby approved. The Village of Deerfield shall pay
preliminary compensation for the taking of the property of
$200,000.00.
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.
RESOLUTION NO. R -99 -12
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: Harris, Heuberger, Ragona, Rosenthal, Seiden, Swanson (6)
NAYS: None (0 )
ABSENT: None (0 )
PASSED this 21St day of June, A.D., 1999.
APPROVED this 21St day of June, A.D., 1999.
&'.- -� --
VILLAG�-- R
IN THE CIRCUIT COURT OF THE NINETEENTH
JUDICIAL CIRCUIT, LAKE COUNTY, ILLINOIS
VILLAGE OF DEERFIELD, a municipal )
corporation, )
Plaintiff,
vs.
PAULA. VOLBERDING, MARGARET A.
VOLBERDING, THE FIRST NATIONAL
BANK OF CHICAGO, f /k/a DEERFIELD
SAVINGS AND LOAN ASSOCIATION,
AND UNKNOWN OWNERS,
Defendants.
AGREED ORDER
No. 99 ED 6
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 Defendant Paul
Volberding, and Berton Braun appearing on behalf of the First National Bank of Chicago,
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. 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 Plaintiff's 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 TWO HUNDRED THOUSAND
DOLLARS ($200,000.00).
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 TWO HUNDRED THOUSAND
DOLLARS ($200,000.00).
b. The Plaintiff shall, on or before June 30, 1999, deposit with the
County Treasurer of Lake County, Illinois, the preliminary just
compensation in the amount of TWO HUNDRED THOUSAND
($200,000.00).
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 on Exhibit "A" attached hereto, and
any and all existing rights of the Defendants shall be extinguished,
except as hereinafter set forth.
2. Defendant Paul Volberding shall be allowed to remain in possession of the subject
property subject to the following terms and conditions:
a. Volberding shall be allowed to remain in possession of the subject
property until the earlier to occur of (a) the date on which Volberding
vacates the subject property; or (b) August 30, 1999.
-2-
b. Volberding acknowledges that he has knowledge of the subject
property and is accepting the condition of the real estate is an "as is."
-
C. Volberding shall have no right to lease or sublease any portion of the
real estate during its period of possession.
d. Volberding understands that the Plaintiff will not be required to make
any type of repairs or perform any maintenance to the subject
property during its period of possession. Plaintiff will not be
responsible for loss or damage during the period of possession of
Volberding.
e. The Plaintiff or its designated officers, agents, employees or
contractors shall have the right to enter upon the property with 24
hours prior notice to Volberding, and at reasonable times, to conduct
surveys, soil tests or borings, environmental studies or other similar
tests or investigations.
f. Volberding has agreed to assume sole and entire responsibility for
any and all loss of life, injury to persons or damage to property that
may be sustained directly or indirectly due to the condition of the
subject property, or the activities, operations or use of the subject
property by Volberding, its employees, successors, invitees, assigns
and agents. Furthermore, Volberding hereby releases the Plaintiff,
from any and all claims, demands or liability, including without
limitation, reasonable attorney's fees and litigation costs, that may
arise from the operations on, occupation of, or use of the property by
Volberding. Volberding agrees to indemnify and hold harmless the
Plaintiff from any and all liability, loss, claim, demand, or other costs,
including reasonable attorney's fees and litigation costs, for injuries
to the person (including, without limitation, loss of life) and for
damage, destruction or theft of property which is directly or indirectly
due to any activity; work or thing done, or the possession of the real
estate by Volberding.
g. Volberding shall be responsible for any and all charges, costs and
expenses incurred in connection with its use of the property, including
but not limited to gas, electric, water, sewer, garbage collection and
all other fees associated with the occupancy and use of the property.
Volberding agrees that all fees shall be paid in full at the time of the
vacation of the premises.
h. Volberding understands that the Plaintiff may incur substantial costs
and damages in the event that the possession of the property is not
vacated and tendered to the Plaintiff by August 30, 1999. Therefore,
-3-
JUN -08-1999 14:59 FC LAW DEPT 312 732 3596 P.02i02
FROM : MCP.RISON a MJP.RI50N, P. C. PHONE HO. : 84-72446817 Jun. 08 1999 12:43PM P5
if legal action is taken by the Plaintiff to enforce the terms of this
Order Vesting Title, then the Plaintiff will be entitled to be paid all
reasonable costs and attorney's fees associated with enforcing the
terms of this Order.
3. Once Volberding vacates the property, or on August 30, 1999, whichever
darts comes first, Plaintiff will be hereby authorized to take immediate
possession of, and will be entitled to the sole use of the property described
In Paragraph 1 above.
4. This Court will retain jurisdiction to enforce the terms of this Order.
5. By their signatures below, the attorneys attest that they have authority to
enter this stipulation on behalf of their respective clients.
Agreed to by:
Joseph T. Morrison, Attomey for Plaintiff
ENTERED this day of June, 1899.
Order prepared by:
Joseph T. Morrison
MORRISON & MORRISON, P.C.
32 N. West Street
Waukegan, IL 60085
847 244 -2ee0
Attorney No. 6182078
-4-
John J. Foran, Attorney for Defendant
Volberdin9
Berton Braun, Attomey"for Defendant
First Chicago
Judge
TOTAL P.e2
r�
?7 Plot F. �1 , t:
.
FROM : MORRIGM R MORRISON, P. C.
PHa E NO. : 8472446el? Jun. 08 1999 12:47HM YZ,
if legal salon Is taken by the Plaintiff to enforce the terms of this
Order Vesting Title, then the plaintiff will be entitled to be paid all
reasonable costs and attorney's fees associated with enforcing the
terms of thls Order.
3, Once.Volberding vacates the property, or on August 30, 1999, whichever
date comes first, Plaintiff will be hereby authorized to take immediate
possession of, and will be entitled to the sole use of the property described
in Paragraph 1 above.
4, This Court will retain jurlsdiction to enforce the terms of this Order.
5. By their signatures below, the attorneys attest that they have authority to
enter this stipulation on behalf of their respeative ellents.
Agreed to by:
ENTERED this day of June, 1999.
Order prepared by:
Joseph T. Morrison
MORRISON & MORRISON, P,C.
32 N. West Street
Waukegan, IL 60085
847 -244 -2660
Attorney No, 6182078
-4-
-- A 04
4 46 fe'r . For Attorney for Defendant
d ing
Berton Braun, Attorney for Defendant.
First Chicago
Judge
LEGAL DESCRIPTION
THE WEST 34.975 FEET OF LOT 1 IN MATTHYS' RESUBDIVISION OF LOTS 8, 9 AND
10 (EXCEPT THE WEST 10 FEET OF LOT 10) IN WOODMAN'S RESUBDIVISION OF
PART OF BLOCKS 4 AND 5 IN HALL AND OSTERMAN'S ADDITION TO DEERFIELD IN
SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT OF SAID MATTHY'S RESUBDIVISION
RECORDED APRIL 19, 1966 AS DOCUMENT 1301146, IN BOOK 43 OF PLATS, PAGE
41, IN LAKE COUNTY, ILLINOIS.
EXHIBIT A