R-99-13RESOLUTION NO. R -99 -13
A RESOLUTION AUTHORIZING THE
PAYMENT OF PRELIMINARY COMPENSATION
(Murphy)
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 725 - 729 Central Avenue, Deerfield, Illinois (Murphy); and
WHEREAS, said eminent domain action is currently pending in the Circuit Court of
Lake County, Illinois, as Village of Deerfield v. Cosmopolitan Bank, et al., No. 99 ED 5
(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 5, as set forth in Exhibit A,
are hereby approved. The Village of Deerfield shall pay
preliminary compensation for the taking of the property of
$400,000.00.
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 -13
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.
VILLAGE PRESIDENT
VIL-fAGE CLERK
IN THE CIRCUIT COURT OF THE NINETEENTH
JUDICIAL CIRCUIT, LAKE COUNTY, ILLINOIS
VILLAGE OF DEERFIELD, a municipal
corporation,
Plaintiff,
vs.
JOHN MURPHY, COSMOPOLITAN
NATIONAL BANK OF CHICAGO, as
Trustee under Trust Agreement dated
November 2, 1973 and known as Trust No
20929, AND UNKNOWN OWNERS,
Defendants. )
AGREED ORDER
No. 99 ED 5
tj,�c�
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 JOHN
MURPHY and COSMOPOLITAN NATIONAL BANK OF CHICAGO, as Trustee under Trust
Agreement dated November 2, 1973 and known as Trust No. 20929, 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 FOUR HUNDRED
THOUSAND DOLLARS ($400,000.00).
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 FOUR HUNDRED THOUSAND
DOLLARS ($400,000.00).
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 FOUR HUNDRED THOUSAND
($400,000.00).
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 JOHN MURPHY shall be allowed to remain in possession of the
subject property subject to the following terms and conditions:
a. MURPHY shall be allowed to remain in possession of the subject
property until the earlier to occur of (a) the date on which MURPHY
vacates the subject property; or (b) August 30, 1999.
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b. MURPHY acknowledges that he has knowledge of the subject
property and is accepting the condition of the real estate is an "as is."
C. MURPHY shall have no right to lease or sublease any portion of the
real estate during its period of possession.
d. MURPHY 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
MURPHY.
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 MURPHY, and at reasonable times, to conduct
surveys, soil tests or borings, environmental studies or other similar
tests or investigations.
f. MURPHY 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
MURPHY, its employees, successors, invitees, assigns and agents.
Furthermore, MURPHY 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 MURPHY. MURPHY
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 MURPHY.
g. MURPHY 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.
MURPHY agrees that all fees shall be paid in full at the time of the
vacation of the premises.
h. MURPHY 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,
if legal action is taken by the Plaintiff to enforce the terms of this
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JuiY- 3 -�Si ;+.1L i 44 Fk F, N & i FAY, ii V"'. 12701'4447
FROM . MORR7SW & MORR1SON, P.C. Pr-iCt45 ND. : 9472446817 JVn.
Order Vesl',ng Title. then. the Plaintiff will be entitled to be pa,c: q I
reasonable costs and attorney's fees associated with enforcir,;; fh.e-
terms of this Order.
3. Once MURPHY vacates the prope, ty, or on August 30, 1999, whichever ja e'
comes first, Plaintiff will be hereby authorized to lake immediate possession of, arc' IV : It
be entitled to the sole use of the properly 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 authori(:- i-O
enter this stipulation on behalf of their respective clients.
Agreed to by:
ENTERED this day of Juno, 1999.
Order prepared by:
Joseph T. Morrison
MORRISON & MORRISON, P.C.
32 N. West Street
Weukagen, IL 60086
847- 244 -2660
Attorney No. 618207r8
n . For n /Attorney for Defsnc''Int.-
y an J4SMOpolitan Bank
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Judge -
LEGAL DESCRIPTION
LOT 2 IN MATTHYS' RESUBDIVISION OF LOTS 8,9 AND 10 (EXCEPT THE WEST 10
FEET OF LOT 10) IN WOODMAN'S RESUBDIVISION 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.
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EXHIBIT A