R-99-14RESOLUTION NO. R -99 -14
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 lecessary, for the purpose of acquiring real
estate for downtown redevelopment purposes pursuant to the provisions of 5111 -61 -1 and
5/11- 74.4 -4 of Chapter 65. of the 1996 Illinois Compiled Statutes; and
WHEREAS, by Ordinance No. 0- 98 -08, 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 -08, an action in eminent domain
was filed to acquire certain parcels of land commonly known as 724 -734, 750 and 760
Waukegan Road, Deerfield, Illinois (Healy Buildings) and legally described in Exhibit A;
and
WHEREAS, said eminent domain action is currently pending in the Circuit
Court of Lake County, Illinois, as Village of Deerfield v. Firstar Bank Illinois Under Trust
Agreement dated September 24, 1987 and Known as Trust No. 544, etal.; and
WHEREAS, the Village of Deerfield has filed a Motion for Immediate Vesting of Title,
and had approved the payment of $3,837,550 as preliminary just compensation as authorized by the
Mayor and Board of Trustees on July 20, 1998; 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 B 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:
SECTION The terms and conditions of the settlement of the Litigation known as
ONE: 98 ED 15, as set forth in the Settlement Stipulation attached hereto as
Exhibit B are hereby approved and Special Counsel for the Village of
Deerfield, Leo Cinquino, 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 $3,750,000, according to the terms of the Settlement
Stipulation.
RESOLUTION NO. R -99- 14
A RESOLUTION AUTHORIZING THE
SETTLEMENT OF LITIGATION WITHIN THE
SOUTHWEST QUADRANT OF THE VILLAGE CENTER PROJECT AREA
SECTION Special Counsel for the Village of Deerfield, Leo Cinquino, is hereby
TWO: authorized and directed to obtain a final judgement 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 Deerfield, Leo
THREE: Cinquino, 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 B attached hereto, and
to confirm proper title had been vested in the Village of Deerfield.
AYES: Ragona,.Rosenthal, Seiden, Forrest (4)
NAYS: None (0 )
ABSENT: Swanson (1) RECUSED: Harris (1)
PASSED this 2nd day of August , A.D., 1999.
APPROVED this 2nd day of August , A.D., 1999.
Village President
EXHIBIT A
PARCEL 6: LOT 7 IN THE DEERFIELD COMMONS BEING A CONSOLIDATION
OF PARTS OF LOTS ' 4 AND 5 IN PHILEMAN CADWELL'S ADDITION TO
DEERFIELD, IN SECTIONS 33 AND PART OF THE NORTHEAST 1/4 OF
SECTION 32, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED
JANUARY 27, 1959 AS DOCUMENT 1018813, IN BOOK 34 OF PLATS,
PAGE 99, IN LAKE COUNTY, ILLINOIS; EXCEPT FOR THOSE LANDS
PREVIOUSLY DEDICATED OR ACQUIRED FOR PUBLIC PURPOSES.
PARCEL 7: LOT 6 IN THE "DEERFIELD COMMONS" BEING A
CONSOLIDATION OF PARTS OF LOTS-4 AND 5 IN PHILEMAN CADWELL'S
ADDITION TO DEERFIELD IN SECTIONS 33 AND PART OF THE NORTHEAST
1/4 OF SECTION 32, ALL IN TOWNSHIP 43 NORTH, RANGE 12, EAST OF
THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED JANUARY 27, 1959 AS DOCUMENT 1018813 IN BOOK 34 OF
PLATS, PAGE 99., IN LAKE COUNTY; ILLINOIS; EXCEPT FOR THOSE
LANDS PREVIOUSLY DEDICATED OR ACQUIRED FOR PUBLIC PURPOSES.
PARCEL 8: LOT 5 IN THE "DEERFIELD COMMONS" BEING A
CONSOLIDATION OF PARTS OF LOTS 4 AND 5 IN PHILEMAN CADWELL'S
ADDITION TO DEERFIELD IN SECTIONS 33 AND PART OF THE NORTHEAST
1/4 OF SECTION 32, ALL IN TOWNSHIP 43 NORTH, RANGE 12, EAST OF
THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED JANUARY 27, 1959 AS DOCUMENT 1018813, IN BOOK 34 OF
PLATS, PAGE 99, IN LAKE COUNTY, ILLINOIS; EXCEPT FOR THOSE
LANDS PREVIOUSLY DEDICATED OR ACQUIRED FOR PUBLIC PURPOSES.
4
STATE OF ILLINOIS -7
SUL p 61999
COUNTY OF LAKE )
IN THE CIRCUIT COURT OF THE N12 ft
JUDICIAL CIRCUIT, LAKE COUNTY, ILLINOIS
VILLAGE OF DEERFIELD, a Municipal
Corporation and a Home Rule Unit of
Government,
Plaintiff,
Vs.
Firstar Bank Illinois, f /k /a Deerfield
State Bank, as Trustee under Trust
Agreement dated September 24, 1987
and known as Trust No. 544, et al.,
Defendants.
FINAL JUDGMENT ORDER
Gen. No. 98 ED 15
Jury Demanded
Parcels 6, 7, and 8
This cause coming on to be heard on the amended complaint to
condemn of the VILLAGE OF DEERFIELD, for the ascertainment of the
just compensation to be made for the taking by plaintiff of the
fee simple title to the real property described in said amended
complaint to condemn;
And the plaintiff appearing by LEO N. CINQUINO and CELESTE
P. CINQUINO of RIGHEIMER MARTIN & CINQUINO, P.C.;
And the defendants appearing as follows:
DON E. GLICKMAN and JAMES A. FLESCH of GORDON GLICKMAN & FLESCH
appearing on behalf of Fa Liang Chen d /b /a Empire Chinese
Restaurant;
STEVEN A. GROSSMAN appearing on behalf of Coldwell Banker and
Sandra Ross;
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PAUL T. FOX of GREENBERG TRAURIG and THOMAS W. DIVER of DIVER,
GRACH, QUADE & MASINI appearing on behalf of James A. Healy,
individually and as trustee, Diane M. Healy, individually and as
trustee, Carr Realty, Inc., Firstar Bank Illinois as trustee, and
Northern Trust Bank /Lake Forest;
JOSEPH E. KOLAR of BAIZER & KOLAR PC on behalf of Union
Drainage District No. 1;
THEODORE D. KUCZEK;
STEVEN H. PECK;
PATRICK PONTARELLI on behalf of Red -L, Inc. d /b /a World Wide
Liquor;
RODERICK F. MOLLISON on behalf of Joseph A. Bertram individually
and Joseph A. Bertram Insurance Agency d /b/ Farmer's Insurance
Agency;
RICHARD L. GAYLE of ROBBINS, SALOMON & PATT, LTD.on behalf of
Michael Thomas, Inc.;
LOWELL F. BERMAN and CONCRETE CONTRACTORS ASSOCIATION OF GREATER
CHICAGO having been voluntarily dismissed; and
Defaults having been entered against all other parties;
And it appearing to the court that all parties defendant to
this proceeding have been served with process in the manner and
form as provided for by statute or have entered their
appearances, been dismissed or have been defaulted, and that the
court has jurisdiction of the subject matter of this proceeding
and of all parties interested thereto;
And the parties hereto, through their attorneys RIGHEIMER
MARTIN & CINQUINO for THE VILLAGE OF DEERFIELD and PAUL T. FOX of
GREENBURG AND TRAURIG and THOMAS W. DIVER of DIVER, GRACH, QUADE
& MASINI on behalf of James A. Healy, individually and as
trustee, Diane M. Healy, individually and as trustee, Carr
Realty, Inc., Firstar Bank Illinois as trustee, and Northern
-2-
Trust Bank /Lake Forest, DONALD GLICKMAN and JAMES A. FLESCH of
GORDON GLICKMAN & FLESCH on behalf of Fa Liang Chen d /b /a Empire
Chinese Restaurant, and STEVEN A. GROSSMAN on behalf of Coldwell
Banker and Sandra Ross appearing before the court and
representing that they have entered into a stipulation to settle
this matter as follows: that a trial of this cause by jury is
waived; that a view of the property is waived; that the payment
of costs and interest, if any, on the amount awarded by the court
is waived; that the parties waive their right to appeal this
final judgment order and agree to be bound by the terms of this
final judgment order; that the just compensation for the fee
simple title to the subject property known as Parcels 6, 7, and 8
is Three Million Seven Hundred Fifty Thousand Dollars
($3,750,000.00);
The court further finds that the tenant Fa Liang Chen d /b /a
Empire restaurant is entitled to $70,000.00 as its share of the
aforesaid final compensation of $3,750,000.00 and that Coldwell
Banker, Sandra Ross is entitled to $75,000.00 as its share of the
aforesaid final compensation of $3,750,000.00.
And the court having approved the aforementioned
stipulation;
And it appearing to the court that the subject property is
legally described as set forth in Exhibit A attached hereto and
made a part hereof;
And it further appearing to the court and from the record in
this cause that a motion was heretofore made herein by the
-3-
plaintiff for the immediate vesting of title in plaintiff of
Parcels 6, 7, and 8 pursuant to the statutes in such case made
and provided by virtue whereof, and on the 15th day of July,
1998, the court found, adjudged and decreed the amount of the
preliminary just compensation for the taking of Parcels 6, 7, and
8 to be a total of Three Million Eight Hundred Thirty -seven
Thousand Five Hundred Fifty and no /100 Dollars ($3,837,550.00) as
follows; Parcel 6 $457,950.00; Parcel 7 $320,000.00; Parcel 8
$3,059,600.00; that the plaintiff deposited with the Lake County
Treasurer the sum so found to be preliminary just compensation;
that on the 5th day of August, 1998, the court ordered that
plaintiff be vested with fee simple title to said Parcels 6, 7,
and 8, that on August 25, 1998 pursuant to court order
defendants Healy withdrew $457,950.00 as to Parcel 6, that on
September 23, 1998 defendants withdrew the sum of $320,000.00 for
Parcel 7, and $3,059,600.00 for Parcel 8 and did authorize
plaintiff to take possession thereof and defendant, Fa Liang Chen
d /b /a Empire Chinese Restaurant, was awarded $23,760.00 as its
share of preliminary just compensation for its rights as a
tenant;
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the sums
of money herein awarded by the court to the owner or owners of
and party or parties interested in said real property described
in Exhibit A is just.compensation to the owner or owners thereof
and party or parties interested therein for the taking of said
real property, and judgment is herein entered accordingly.
-4-
IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the court
that defendant James and Diane Healy shall tender the sum of
$87,550.00 by (- check payable to the Village of Deerfield
contemporaneous with the entry of this order, the sum of
$75,000.00 to Coldwell Banker, Sandra Ross and $46,240.00 as the
balance due to Fa Liang Chen d /b /a Empire Chinese Restaurant the
sum of, $87,550.00, represent the amount by which preliminary
compensation exceeded final just compensation and pursuant to
order James and Diane Healy are responsible for said refund to
Village of Deerfield. Further, the sums paid to the tenants
represent the amount by which their share of final just
compensation exceeded preliminary compensation distributed to
those tenants, and these sums are the responsibility of James and
Diane Healy;
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that defendants
James Healy and Diane Healy are responsible to pay any party or
parties for any right said party or parties tenant and found to
have to share in the final just compensation of Three Million
Seven Hundred Fifty Thousand Dollars ($3,750,000.00). That James
Healy and Diane Healy have paid all claims made before this
court;
IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the court
that said sums having been tendered to the Village of Deerfield,
Fa Liang Chen d /b /a Empire Chinese Restaurant and Coldwell
Banker, Sandra Ross this judgment order is fully satisfied.
-5-
IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the court
that this court shall retain jurisdiction to ensure compliance
with this order and the terms of the stipulation entered into by
the parties.
DATED:
JUDGE
LEO N. CINQUINO
CELESTE P. CINQUINO
RIGHEIMER MARTIN & CINQUINO P.C.
135 South LaSalle Street
Chicago, Illinois 60603
(312) 726 -5646
AGREED TO:
VILLAGE OF DEERFIELD
By
Leo N. Cinqui o, Esq.
T 1
t
I hereby certify the above o be correct. -
D.ated:
i � ee o e /6i\(,-irot,�it Court)
Clerk of the Circuit Court of L_a1k6—Cb)1 rat\ Illinois
LIM
FA LIANG CHEN D /B /A EMPIRE CHINESE RESTAURANT
By:
Don E. Glickman, Esq.
COLDWELL BANKER, SANDRA ROSS
By:
Steven A. Grossman, Esq.
GREENBERG TRAURIG
By:
Paul T. Fox, Esq.
-6-
M
EXHIBIT A
PARCEL 6: LOT 7 IN THE DEERFIELD COMMONS BEING A CONSOLIDATION
OF PARTS OF LOTS *4 AND 5 IN PHILEMAN CADWELL'S ADDITION TO
DEERFIELD, IN SECTIONS 33 AND PART OF THE NORTHEAST 1/4 OF
SECTION 32, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED
JANUARY 27, 1959 AS DOCUMENT 1018813, IN BOOK 34 OF PLATS,
PAGE 99, IN LAKE COUNTY, ILLINOIS; EXCEPT FOR THOSE LANDS
PREVIOUSLY DEDICATED OR ACQUIRED FOR PUBLIC PURPOSES.
PARCEL 7: LOT 6 IN THE "DEERFIELD COMMONS" BEING A
CONSOLIDATION OF PARTS OF LOTS 4 AND 5 IN PHILEMAN CADWELL'S
ADDITION TO DEERFIELD IN SECTIONS 33 AND PART OF THE NORTHEAST
1/4 OF SECTION 32, ALL IN TOWNSHIP 43 NORTH, RANGE 12, EAST OF
THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED JANUARY 27, 1959 AS DOCUMENT 1018813 IN BOOK 34 OF
PLATS, PAGE 99, IN LAKE COUNTY, ILLINOIS; EXCEPT FOR THOSE
LANDS PREVIOUSLY DEDICATED OR ACQUIRED FOR PUBLIC PURPOSES.
PARCELS: LOT 5 IN THE "DEERFIELD COMMONS" BEING A
CONSOLIDATION OF PARTS OF LOTS 4 AND 5 IN PHILEMAN CADWELL'S
ADDITION TO DEERFIELD IN SECTIONS 33 AND PART OF THE NORTHEAST
1/4 OF SECTION 32, ALL IN TOWNSHIP 43 NORTH, RANGE 12, EAST OF
THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED JANUARY 27, 1959 AS DOCUMENT 1018813, IN BOOK 34 OF
PLATS, PAGE 99, IN LAKE COUNTY, ILLINOIS; EXCEPT FOR THOSE
LANDS PREVIOUSLY DEDICATED OR ACQUIRED FOR PUBLIC PURPOSES.