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R-00-01y RESOLUTION NO. R- o o- 01 RESOLUTION APPROVING FINAL JUDGMENT ORDER 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 5/1 -61 -1 and 5/11- 74.4-4 of Chapter 65 of the 1996 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 700 -702 Osterman Avenue, Deerfield, Illinois (Transformations); and WHEREAS, said eminent domain action is currently pending in the Circuit Court of Lake County, Illinois, as Village of Deerfield v. Hauri, No. 99 ED 2 (hereinafter "litigation "); and WHEREAS, the trial court determined the amount of preliminary just compensation to be $592,750, and the Village had deposited the amount of this preliminary just compensation with the County Treasurer and has been vested with fee simple title to this property; and WHEREAS, the President and Board of Trustees of the Village of Deerfield had previously authorized special counsel for the Village of Deerfield, Joseph T. Morrison, to take such other actions as may be required in the litigation to determine the final amount of just compensation; and WHEREAS, a jury trial was held to determine the final amount of just compensation, and the jury has determined the final amount of just compensation to be paid the owners for the taking of their property to be $526,369.21, and a judgment order has been entered accordingly; and WHEREAS, the amount of final just compensation is within the range of evidence presented at the time of trial. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OFTHEVILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS: SECTION The terms and conditions of the judgment order entered on ONE: January 6, 2000, a copy of which is attached hereto as Exhibit A, are acceptable to the Village of Deerfield and the Village of Deerfield shall take no further steps to appeal from or otherwise contest the final amount of just compensation in this matter. SECTION Special counsel for the Village of Deerfield, Joseph T. TWO: Morrison, is hereby authorized and directed to obtain a refund of the amount of excess preliminary just compensation of $66,380.79, and is authorized to take any other further steps as may be necessary to finally conclude this matter. AYES: Harris, Heuberger, Ragona, Rosenthal, Seiden, Swanson (6) NAYS: None (0 ) ABSENT: None (0 ) PASSED this LatiOay of January , 2000. APPROVED this 18tlday of January , 2000. Village President Vill e Clerk -2- I IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, LAKE COUNTY, ILLINOIS VILLAGE OF DEERFIELD, a municipal corporation, Plaintiff, vs. No. 99 ED 2 JOANNE C. HAURI, individually and d /b /a ) TRANSFORMATIONS HAIR SALON; ) TRANSFORMATIONS HAIR SALON; ) DEERFIELD FEDERAL SAVINGS & LOAN) ASSOCIATION, Mortgagee under Mort- ) gage dated December 7, 1993 and ) recorded as Document No. 3452033; ) BART'S BARBER SHOP; E'LAN; ) OPTIONS BOUTIQUE, and UNKNOWN ) OWNERS, Defendants. ) JUDGMENT ORDER �c11� THIS CAUSE coming on to be heard for jury trial on the Complaint of the Plaintiff, VILLAGE OF DEERFIELD, to ascertain the final amount of just compensation due for the taking of certain property as set forth in the Complaint to Condemn; and the Plaintiff appearing by Joseph T. Morrison of Morrison & Morrison, P.C., and the Defendants, JOANNE C. HAURI, individually and d /b /a TRANSFORMATIONS HAIR SALON and TRANSFORMATIONS HAIR SALON, having appeared by its attorneys, Glenn Seiden of Glenn Seiden and Associates, P.C.; And it appearing to the Court that an order was entered on April 20, 1999, granting the Motion of the Plaintiff for Immediate Vesting of Title, and establishing a preliminary amount of just compensation due the Defendants in the amount of $592,750.00; and m!BR_, Whereas, it appears that the Plaintiff deposited the amount of preliminary just compensation and an order was entered vesting fee simple title in the Plaintiff on August 11, 1999; and Whereas, pursuant to 735 ILCS 5/7 -103, et al., this proceeding continued to pend to determine the final amount of just compensation due the Defendants for the taking of their property; and Whereas, a jury was selected in the trial of this cause, and after a view of the premises, hearing the evidence and testimony in this matter, and being duly instructed in the law, the jury returned a verdict as follows: "We, the Jury, find the just compensation to be paid the Defendant, JOANNE HAURI, for the taking of her property, to be $526,369.21." Whereas, the Defendant withdrew the amount of preliminaryjust compensation and the Order of Withdrawal provided that the Defendant shall refund to the Clerk of the Court any amount which exceeds the final amount of just compensation in this cause, pursuant to 735 ILCS 5/7 -109; and Whereas, the amount of preliminary just compensation exceeded the amount of final just compensation in the amount of $66,380.79; And the Court being fully advised in the premises: IT IS THEREFORE ORDERED that: 1. Pursuant to the jury verdict in this cause, the sum of $526,369.21 constitutes the full and complete just compensation to be paid the owner or owners of, and party or parties interested in the real property described in the Complaint to Condemn for the taking thereof by the Plaintiff of the fee simple title thereto, and judgment is herein entered accordingly. -2- 2. It appearing to the Court that the preliminary amount of just compensation has exceeded the amount of final just compensation, and therefore, pursuant to 735 ILCS 5/7 -109, the Defendant, JOANNE HAURI, is hereby ordered to refund to the Clerk of the Circuit Court of Lake County, Illinois, the sum of $66,380.79, within 30 days of the date of this Order. 3. In the event that the Defendant fails to refund the excess amount of preliminary just compensation to the Clerk of the Court within 30 days, this Court, upon motion of Plaintiff, shall enter a judgment in favor of the Plaintiff and against the Defendant in the amount of $66,380.79, pursuant to the requirements of 735 ILCS 5/7 -109. 4. The Order of this Court vesting fee simple title in the Plaintiff is hereby confirmed in all respects. 5. This Court shall retain jurisdiction of this cause to enforce the terms of this Order, and to place the Plaintiff in full, complete and quiet possession of the aforesaid real property. ENTERED this 6th day of January, 2000. Order prepared by: Joseph T. Morrison MORRISON & MORRISON, P.C. 32 N. West St. Waukegan, 1L 60085 847 -244 -2660 Attorney No. 6182078 -3- 'Orr Judge