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R-00-11RESOLUTION NO. R -00 -11 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 Deer-field 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 721 Central Avenue, Deerfield, Illinois (Volberding); and WHEREAS, said eminent domain action is currently pending in the Circuit Court of Lake County, Illinois, as Village of Deerfield v. Volberding, et al., No. 99 ED 6 (hereinafter "Litigation "); and WHEREAS, the Village of Deerfield had filed a Motion for Immediate Vesting of Title, and had previously approved the payment of $200,000 as preliminary 'just compensation; 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 on 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. 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 of the Litigation ONE: known as 99 ED 6, 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 $210,000.00, according to the terms of the Settlement Stipulation. -11- RESOLUTION NO. R -00 -11 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 Village Manager and Special Counsel for the Village of THREE: 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 set forth on Exhibit A attached hereto, and to confirm proper title had been vested in the Village of Deerfield. AYES: Harris, Heuberger, Ragona, Rosenthal, Seiden (5) NAYS: None (0 ) ABSENT: Swanson (1) PASSED this 5'" of July, A.D., 2000. APPROVED this Wh day of July, A.D., 2000. VILLAGE CLERK VILL AILELPRESIDENT -2- IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, LAKE COUNTY, ILLINOIS VILLAGE OF DEERFIELD, a municipal corporation, Plaintiff, vs. No. 99 ED 6 PAUL A. VOLBERDING, MARGARET A. VOLBERDING, THE FIRST NATIONAL BANK OF CHICAGO, f /k/a DEERFIELD SAVINGS AND LOAN ASSOCIATION, 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, PAUL A. VOLBERDING, by and through his attorneys, John Foran of Foran, Nasharr & O'Toole, and hereby stipulate and agree as follows: 1. On April 21, 1999, Plaintiff filed its Complaint for Condemnation to acquire fee simple title to the property commonly known as 721 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. 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 TWO HUNDRED TWENTY THOUSAND DOLLARS ($200,000.00). EXHIBIT..:__ 4. The Defendant, FIRST NATIONAL BANK OF CHICAGO, was paid in full out of the preliminary just compensation, and has no claim to any further compensation in this matter. 5. The Plaintiff has deposited the preliminary amount of TWO HUNDRED TWENTY THOUSAND DOLLARS ($200,000.00), and on July 6,1999, was vested with fee simple title to the real estate described in the Complaint to Condemn. 6. 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 TWO HUNDRED TEN THOUSAND DOLLARS ($210,000.00). 7. In consideration of the payment by the Plaintiff of the complete, total and final amount of just compensation in the amount of TWO HUNDRED TEN THOUSAND DOLLARS ($210,000.00), the Defendants, 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. 8. The Plaintiff has already deposited the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000.00) 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 the Treasurer of Lake County the additional sum of TEN THOUSAND DOLLARS ($10,000.00), 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. 9. 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. -2- 10. 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. 11. 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 TEN THOUSAND DOLLARS ($10,000.00) as a result of said claims which may be made by the parties. The Defendants hereby agree and stipulate that, upon payment of the $10,000 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. 12. 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. Prepared by: Joseph T. Morrison MORRISON & MORRISON, P.C. 32 N. West St. Waukegan, IL 60085 847 - 244 -2660 Attorney No. 6182078 By Joseph T. Morrison, Attorney for Plaintiff By John Foran, Attorney for Defendant PAUL VOLBERDING -3-