R-00-10RESOLUTION NO. R- 00 -10
RESOLUTION APPROVING SETTLEMENT
AND FINAL JUDGMENT ORDER (ARTEMIS)
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 -29, 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 -29, an action in eminent domain was
filed to acquire a certain parcel of land described in Ordinance No. 0 -98 -29 and commonly
known as 708'/ Waukegan Road, Deerfield, Illinois (Artemis Restaurant); and
WHEREAS, said eminent domain action was pending in the Circuit Court of Lake
County, Illinois, as Village of Deerfield v. Aegean Sea, Inc.,No. 98 ED 20; and
WHEREAS, the trial court determined the amount of preliminary just compensation
to be $125,000.00, and the Village had deposited the amount of this preliminary just
compensation with the County Treasurer and the Village of Deerfield had been vested ith
the leasehold interest in 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, the owners and defendants in the litigation have agreed to accept the
sum of $125,000.00 as final just compensation in this matter; and
WHEREAS, this amount of final just compensation is within the range of evidence
to be presented at the time of trial.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOKCOUNTIES, ILLINOIS,
AS FOLLOWS:
SECTION The terms and conditions of the settlement stipulation and
ONE: judgment order entered on May 31, 2000, copies of which are
attached hereto as Exhibits A and B, are hereby accepted
and approved by the Village of Deerfield.
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RESOLUTION NO. R -00 -10
SECTION Special counsel for the Village of Deerfield, Joseph T.
TWO: Morrison, is hereby authorized and directed to take any other
further steps as may be necessary to finally conclude this
matter.
AYES: Heuberger, Ragona, Seiden, Swanson (4)
NAYS: None (0 )
ABSENT: Rosenthal (1) RECUSED: Harris (1)
PASSED this 5th day of June, 2000.
APPROVED this 5th day of June, 2000.
RVII, 7-4171 • J �1lr�j
Villke Clerk
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Village President
IN THE CIRCUIT COURT OF THE NINETEENTH
JUDICIAL CIRCUIT, LAKE COUNTY, ILLINOIS
VILLAGE OF DEERFIELD, a municipal
corporation,
Plaintiff,
vs.
No. 98 ED 20
AEGEAN SEA, INC., an Illinois Corpora-
tion, FERNANDO RUIZ, JAMES
PANAGAKIS, JOHN KOKKINOS, PAUL
SAKKOS, ANGELO CARDERAS and
Unknown Owners,
Defendants
SETTLEMENT STIPULATION
NOW COMES the Plaintiff, VILLAGE OF DEERFIELD, by its attorney, Joseph T.
Morrison of Morrison & Morrison, P.C., and the Defendants, AEGEAN SEA, INC., an Illinois
corporation, FERNANDO RUIZ and JAMES PANAGAKIS, by their attorneys, Marc C.
Smith of Smith & Herzog, and hereby stipulate and agree as follows:
1. The parties agree that the final amount of just compensation for the taking
of the leasehold interest as described in the Complaint filed herein shall be $125,000.00,
and no costs, interest or other amounts of money are due and owing for the taking of the
leasehold interest described in the complaint to condemn in this matter.
2. The parties agree that a Judgement shall be entered in favor of the plaintiff
and against the defendant, Fernando Ruiz in the amount of $4, 953.07 for past due water
bills.
3. The parties agree to the entry of judgment orders consistent with the terms
of this Settlement Stipulation.
1
EXHIBIT
FROM : MORRISON MORRISON PHONE N( May, 29 2000 10:54PM P7
4. The attorneys, by their sigr ::ures on this Stipulation and Judgment Qtder,
state that they have been authorized to f ?cute such documents by their ciients.
S. By this Stipulation, the part have agreed to waive a view of the pre mises,
a jury triaf, and have consented to the en of a final judgment order in accordance with
this Stipulation, and have agreed to waiv any and all rights of appeal,
MORRISON & MORRISON, P.C.
32 N. `Nest St.
Waukegan, IL 60085
847 - 244 -2560
#,twrney No. 6182078
ig ph T. Morrison
ttorney for Plaintiff
Attorr4y for DeferdantsAEGEAN SEA, IN-C.,
PERNANDO RUIZ and JAMES PANA(3AK1S
2-
IN THE CIRCUIT COURT OF THE NINETEENTH
JUDICIAL CIRCUIT, LAKE COUNTY, ILLINOIS
VILLAGE OF DEERFI,ELD, a municipal
corporation,
Plaintiff,
vs.
No. 98 ED 20
AEGEAN SEA, INC., an Illinois Corpora-
tion, FERNANDO RUIZ, JAMES
PANAGAKIS, JOHN KOKKINOS, PAUL
SAKKOS, ANGELO CARDERAS and
Unknown Owners,
;,l V
Defendants.
JUDGMENT ORDER
THIS CAUSE coming on to be heard on the Complaint for Condemnation filed by
the Plaintiff, VILLAGE OF DEERFIELD, to ascertain the just compensation for the taking
of certain property at, as set forth in the Complaint to Condemn (hereinafter referred to as
"Subject Property ");
And the Plaintiff appearing by Joseph T. Morrison of MORRISON & MORRISON,
P.C., and the Defendants, AEGEAN SEA, INC., an Illinois corporation, FERNANDO RUIZ
and JAMES PANAGAKIS, (hereinafter "Owners "), appearing by their attorney, Marc C.
Smith of Smith & Herzog; and it appearing to the Court that all Defendants to this
proceeding have been served by process as provided by Statute, and the above -named
Defendants have entered their Appearance in these proceedings, and have had a due
notice of these proceedings; and
EXHIBIT_ 8
It further appearing to the Court that Defendants, JOHN KOKKINOS, PAUL
SEKKOS ANGELO CARDERAS and UNKNOWN OWNERS have been defaulted in this
matter; and
It further appearing to the Court that the parties have entered into a Settlement
Stipulation waiving a view of the premises, jury trial, and have consented to the entry of a
final judgment order in accordance with that stipulation;
And the terms of that Settlement Stipulation are incorporated into this Judgment
Order by agreement of the parties;
And the Court being fully advised in the premises, and on Motion of Plaintiff, it is
therefore ordered that:
1. Pursuant to the stipulation of the parties, the Court finds and determines that
the total and final just compensation to be paid the owner or owners of, and party or parties
interested in said leasehold interest real property for the taking thereof by Plaintiff is the
total sum of ONE HUNDRED TWENTY -FIVE THOUSAND DOLLARS ($125,000.00), and
judgment is herein entered accordingly;
2. It appearing to the Court that the preliminary amount of just compensation
is exactly the same as the amount of final just compensation, it is determined that the
VILLAGE OF DEERFIELD need not deposit any additional amounts with the Treasurer of
the Circuit Court of Lake County, Illinois.
3. It appearing to the Court that the Plaintiff has deposited the amount of final
just compensation in this matter, and it further appearing to the Court that the Defendants
have withdrawn that amount, the Plaintiff is hereby adjudged and determined to have
acquired the property and leasehold interest of the Defendants as described in the
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Complaint to Condemn, and any and all existing rights of the Defendants in and to said
property and said leasehold interest is hereby extinguished.
4. It appears to the Court that the Owners remained in possession of the
property pursuant to the terms of an agreed order of September 1, 1998, and continued
to operate the subject property as a restaurant.
5. It further appears to the Court that the VILLAGE OF DEERFIELD is claiming
that the Owners owe the VILLAGE OF DEERFIELD money for water bills which were
incurred in their use of the property described in the Complaint to Condemn pursuant to
leasehold interest of the Owners up and until December 31, 1998.
6. It further appears to the Court that there is stipulation that the defendant
FERNANDO RUIZ has agreed that he owes the Village of Deerfield the sum of $4,953.07,
and he has agreed to an entry of a Judgement in that amount.
7. This Court shall retain jurisdiction of this cause to enforce the terms of this
order, and to place the Plaintiff in complete and quiet possession of the aforesaid real
property, if necessary.
ENTERED this 31 st day of May, 2000.
7 ,r ":, �t..
Judge
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05/30/2000 14:13 3129770922
RCM
MORRISON MORRISON
Agreed TO:
Order Prepared by:
Jo9eph T. Morrison
MORRISON & MORRISON. RC.
32 N. West Street
Waukegan, Ii_ 60085
847. 244.2660
Attorney No. 6182079
PWC;4E NC .
4-
UAW OFFICES
mornson
Attorney for Plaintiff
for Defendants
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May• 29 200,0 1f�:531ah P5