R-00-04RESOLUTION NO. R -00 -04
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 -20, 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 -20, an action in eminent domain was
filed to acquire a certain parcel of land described in Ordinance No. 0 -98 -20 and commonly
known as 750 Central Avenue, Deerfield, Illinois (H.D. Electric); and
WHEREAS, said eminent domain action is currently pending in the Circuit Court of
Lake County, Illinois, as Village of Deerfield v. H.D. Electric Company, et al., No. 98 ED 23
(hereinafter "Litigation "); and
WHEREAS, the Village of Deerfield had filed a Motion for Immediate Vesting of
Title, and had previously approved the payment of $920,000 as preliminary just
compensation; and
WHEREAS, an additional action in eminent domain was filed to acquire 'a certain
parcel of land commonly known as 760 Osterman Avenue, Deerfield, Illinois, and said
property is also owned by H.D. Electric Company (Deerfield Medical Building); and
WHEREAS, this eminent domain action is currently pending in the Circuit Court of
Lake County, Illinois, as Village of Deerfield v. H.D. Electric Company, et al., No. 98 ED 13
(hereinafter "Additional Litigation "); and
WHEREAS, the Village of Deerfield had filed a motion for immediate vesting of title,
and had previously approved the payment of $525,000 as preliminary just compensation;
and
WHEREAS, all remaining matters at issue in the Litigation and Additional Litigation
have been resolved between the parties thereon upon the terms and conditions more
specifically set forth on Exhibits A and B attached hereto and made a part hereof, and the
corporate authorities of the Village of Deerfield desire to approve said terms and
conditions.
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NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKEAND COOKCOUNTIES, ILLINOIS,
AS FOLLOWS:
SECTION The terms and conditions of the settlement of the Litigation
ONE: known as 98 ED 23, 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 $935,000.00, according to the terms of the
Settlement Stipulation.
SECTION Special Counsel for the Village of Deerfield, Joseph T.
TWO: Morrison, is hereby authorized and directed to obtain a final
judgment order in the Litigation consistent with the terms and
conditions set forth on Exhibit A attached hereto.
SECTION The terms and conditions of the settlement of the Additional
THREE: Litigation known as 98 ED 13, as set forth in the Settlement
Stipulation attached hereto as Exhibit B, are hereby approved
and Special Counsel for the Village of Deerfield, Joseph T.
Morrison, is authorized to execute this Settlement Stipulation
on behalf of the Village of Deerfield. The Village of Deerfield
shall acquire the real estate described in the Additional
Litigation for the final just compensation of __$.605,000.00,
according to the terms of that Settlement Stipulation.
SECTION Special Counsel for the Village, Joseph T. Morrison, is
FOUR: authorized and directed to obtain a final judgment order in the
Additional Litigation consistent with the terms and conditions
set forth on Exhibit B attached hereto.
SECTION Village Manager and Special Counsel for the Village of
FIVE: 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 Additional Litigation set forth on Exhibits A and B
attached hereto, and to confirm proper title had been vested in
the Village of Deerfield.
AYES: Harris, Heuberger, Ragona, Rosenthal, Seiden, Swanson (6)
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NAYS: None (0 )
ABSENT: None (0 )
PASSED this 2othday of March, A.D., 2000.
APPROVED this 20thday of March, A.D., 2000.
VI AGE CLERK
W i,
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IN THE CIRCUIT COURT OF THE NINETEENTH
JUDICIAL CIRCUIT, LAKE COUNTY, ILLINOIS
VILLAGE OF DEERFIELD, a municipal
corporation,
Plaintiff,
vs.
No. 98 ED 23
THE H.D. ELECTRIC COMPANY, an
Illinois corporation; ROBERT HOFFMAN;
MARK HOFFMAN; LASALLE NATIONAL
TRUST, NA, as Successor Trustee to
LASALLE NATIONAL BANK as Trustee
under Trust Agreement dated February 5,
1985, and known as Trust No. 25 -2850-
000; LASALLE BANK NORTHBROOK;
and UNKNOWN OWNERS,
Defendants
FINAL SETTLEMENT STIPULATION
NOW COMES the Plaintiff, VILLAGE OF DEERFIELD, by and through its attorneys,
Morrison & Morrison, P.C., and the Defendants, H.D. ELECTRIC COMPANY, an Illinois
corporation, ROBERT HOFFMAN, MARK HOFFMAN, and LASALLE NATIONAL TRUST,
NA, as Successor Trustee to LASALLE NATIONAL BANK as Trustee 'under.. Trust
Agreement dated February 5, 1985, and known as Trust No. 25- 2850 -000, by and through
their attorneys, Foran, Nashar & O'Toole, and hereby stipulate and agree as follows:
1. On November 6, 1998, Plaintiff filed its Complaint for Condemnation to
acquire fee simple title to the property commonly known as 750 Central Avenue, 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.
EXHIBIT=
3. Plaintiff filed a Motion for Immediate Vesting of Title, and on March 18, 1999,
this Court entered an order granting the Motion for Immediate Vesting of Title and
determining the preliminary amount of just compensation to be NINE HUNDRED TWENTY
THOUSAND DOLLARS ($920,000.00).
4. The Plaintiff has deposited the preliminary amount of NINE HUNDRED
TWENTY THOUSAND DOLLARS -($920,000.00), and on May 5,1999, was vested with fee
simple title to the real estate described in the Complaint to Condemn.
5. The parties have now agreed that the complete, total and final just
compensation to be paid by the Plaintiff for the taking of the property described in the
Complaint to Condemn shall be NINE HUNDRED THIRTY -FIVE THOUSAND DOLLARS
($935,000.00).
6. In consideration of the payment by the Plaintiff of the complete, total and final
amount of just compensation in the amount of NINE HUNDRED TH IRTY -FIVE THOUSAND
DOLLARS ($935,000.00), the Defendants, H.D. ELECTRIC COMPANY, ROBERT
HOFFMAN, MARK HOFFMAN, and LASALLE NATIONAL TRUST, NA, as Successor
Trustee to LASALLE NATIONAL BAN K as Trustee under Trust Agreement dated February
5, 1985, and known as Trust No. 25- 2850 -000, hereby release and forever discharge the
VILLAGE OF DEERFIELD from any and all claims and 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 NINE HUNDRED TWENTY
THOUSAND DOLLARS ($920,000.00) with the Treasurer of Lake County, and the parties
agree that within 60 days of the date of the final judgment order, Plaintiff shall deposit with
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the Treasurer of Lake County the additional sum of FIFTEEN THOUSAND DOLLARS
($15,000.00), for the benefit of the Defendants, and all other persons who are or who may
be interested in the real estate described in the Complaint to Condemn.
8. The Defendants waive any claim for the payment of interest or costs on the
additional amount which 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.
10. The parties agree that the final judgment order will provide that the trial court
will retain jurisdiction over this matter to determine the claims to the amount of just
compensation which has been paid in this matter, but in no event shall the Plaintiff be
required to deposit any amount in addition to FIFTEEN THOUSAND DOLLARS
($15,000.00) as a result of said claims which may be made by the parties. The Defendants
hereby agree and stipulate that, upon payment of the $15,000 to the Treasurer of Lake
County, Illinois, the Plaintiff will have paid the complete and total amount of just
compensation due all parties for the taking of the property described in the Complaint to
Condemn.
11. 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 Stipulation.
M
Joseph T. Morrison, Attorney for Plaintiff
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Prepared by:
Joseph T. Morrison
MORRISON & MORRISON, P.C.
32 N. West St.
Waukegan, IL 60085
847 - 244 -2660
Attorney No. 6182078
By
John Foran, Attorney for Defendants
!l
IN THE CIRCUIT COURT OF THE NINETEENTH
JUDICIAL CIRCUIT, LAKE COUNTY, ILLINOIS
VILLAGE OF DEERFIELD, a municipal
corporation,
Plaintiff,
vs.
No. 98 ED 13
THE H.D. ELECTRIC COMPANY, an
Illinois corporation; LASALLE BANK/
NORTHBROOK; DEERFIELD MEDICAL
ASSOCIATES, INC.; and UNKNOWN
OWNERS,
Defendants.
FINAL SETTLEMENT STIPULATION
NOW COMES the Plaintiff, VILLAGE OF DEERFIELD, by and through its attorneys,
Morrison & Morrison, P.C., and the Defendant/Owner, H.D. ELECTRIC COMPANY, an
Illinois corporation, by and through its attorneys, Foran, Nashar & O'Toole, and the
Defendant/Lessee, DEERFIELD MEDICAL ASSOCIATES, INC., by and through its
attorneys, Ice, Miller, Danadio & Ryan, and hereby stipulate and agree as-follows:
1. On March 27, 1998, Plaintiff filed its Complaint for Condemnation to-acquire
fee simple title to the property commonly known as 760 Osterman Avenue, 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.
EXHIBIT 6
3. Plaintiff filed a Motion for Immediate Vesting of Title, and on June 25, 1998,
this Court entered an order granting the Motion for Immediate Vesting of Title and
determining the preliminary amount of just compensation to be FIVE HUNDRED TWENTY-
FIVE THOUSAND DOLLARS ($525,000.00).
4. The Plaintiff has deposited the preliminary amount of FIVE HUNDRED
TWENTY -FIVE THOUSAND DOLLARS ($525,000.00), and on August 11, 1998, was
vested with fee simple title to the real estate described in the Complaint to Condemn.
5. The parties have now agreed that the complete, total and final just
compensation to be paid by the Plaintiff for the taking of the property described in the
Complaint to Condemn shall be SIX HUNDRED FIVE THOUSAND DOLLARS
($605,000.00).
6. In consideration of the payment by the Plaintiff of the complete, total and final
amount of just compensation in the amount of SIX HUNDRED FIVE THOUSAND
DOLLARS ($605,000.00), the Defendant/Owner, H.D. ELECTRIC COMPANY, and
Defendant/Lessee DEERFIELD MEDICAL ASSOCIATES, INC., hereby releases and
forever discharge the VILLAGE OF DEERFIELD from any and all claims and 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 FIVE HUNDRED TWENTY-
FIVE THOUSAND DOLLARS ($525,000.00) with the Treasurer of Lake County, and the
parties agree that within 60 days of the date of the final judgment order, Plaintiff shall
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deposit with the Treasurer of Lake County the additional sum of EIGHTY THOUSAND
DOLLARS ($80,000.00), for the benefit of the Defendants, and all other persons who are
or who may be interested in the real estate described in the Complaint to Condemn.
8. The Defendants waive any claim for the payment of interest or costs on the
additional amount which 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.
10. The parties agree that the final judgment order will provide that the trial court
will retain jurisdiction over this matter to determine the claims to the amount of just
compensation which has been paid in this matter, but in no event shall the Plaintiff be
required to deposit any amount in addition to EIGHTY THOUSAND DOLLARS
($80,000.00) as a result of said claims which may be made by the parties. The Defendants
hereby agree and stipulate that, upon payment of the $80,000 to the Treasurer of Lake
County, Illinois, the Plaintiff will have paid the complete and total amount of just
compensation due all parties for the taking of the property described in the Complaint to
Condemn.
11. 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 Stipulation.
By
Joseph T. Morrison, Attorney for Plaintiff
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Prepared by:
Joseph T. Morrison
MORRISON & MORRISON, P.C.
32 N. West St.
Waukegan, IL 60085
847 - 244 -2660
Attorney No. 6182078
John Foran, Attorney for Defendant/Owner,
H. D. Electric Company
By
John F. Donahue, Attorney for
Defendant /Lessee, Deerfield Medical
Associates, Inc.
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