R-01-02RESOLUTION NO. R -0-02
RESOLUTION APPROVING
FINAL JUDGMENT ORDER (TOUHY LUMBER)
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 -21, 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 -21, an action in eminent domain was
filed to acquire a certain parcel of land described in Ordinance No. 0 -98 -21 and commonly
known as 612 Waverly Court, Deerfield, Illinois ( Touhy Lumber); and
WHEREAS, said eminent domain action is currently pending in the Circuit Court of
Lake County, Illinois, as Village of Deerfield v. Touhy Lumber et.al., No. 98 ED 22
(hereinafter "Litigation "); and
WHEREAS, the trial court determined the amount of preliminary just compensation
to be $550,000.00, and the Village had deposited the amount of this preliminary just
compensation with the County Treasurer and has been vested with the 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, after pre -trial conference, the defendants have agreed to settle all
matters in controversy and the corporate authorities of the Village of Deerfield desire to
approve said settlement under the terms and conditions set forth in the Settlement
Stipulation attached hereto as Exhibit "A."
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OFTHEVILLAGE OF DEERFIELD, LAKEANDCOOKCOUNTIES, ILLINOIS,
AS FOLLOWS:
SECTION The terms and conditions of the Settlement Stipulation, a copy
ONE: of which is attached hereto as Exhibit A, are acceptable to
and hereby approved by the Village of Deerfield..
6e
SECTION Special counsel for the Village of Deerfield, Joseph T.
TWO: Morrison, is hereby authorized and directed to obtain a final
order which authorizes the refund of the amount of excess
preliminary just compensation of $60,000.00 and is authorized
to take any other further steps as may be necessary to finally
conclude this matter.
AYES: Harris, Ragona, Rosenthal, Seiden, Swanson (5)
NAYS: None (0 )
ABSENT: Heuberger (1)
PASSED this 2nd day of April, 2001.
APPROVED this 2nd day of April, 2001.
. 1 �Ty a��
Villfte 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.
I reV14 : 101 M
CHICAGO TITLE and TRUST COMPANY, a
corporation of Illinois, AS TRUSTEE UNDER
TRUST AGREEMENT DATED MARCH 17,
1967 AND KNOWN AS TRUST NUMBER
50407; TOUHY LUMBER COMPANY, INC.,
an Illinois corporation; 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, Chicago Title and Trust Company,
as trustee under Trust Agreement dated March 17, 1967, and known as Trust No. 50407
(hereinafter "Owner"), by its attorneys Ryan and Ryan, and Defendant/Lessee.TOUHY
LUMBER COMPANY, INC., an Illinois corporation (hereinafter "Lessee ") by and through
its attorneys, Foran, Nashar & O'Toole, and hereby stipulate and agree as follows:
1. On October 21, 1998, Plaintiff filed its Complaint for Condemnation to
acquire fee simple title to the property commonly known as 612 Waverly Court, 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 May 4, 1999,
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 FIFTY
THOUSAND DOLLARS ($550,000.00).
4. The Plaintiff has deposited the preliminary amount of FIVE HUNDRED FIFTY
THOUSAND DOLLARS ($550,000.00), and on July 1, 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 FOUR HUNDRED NINETY THOUSAND DOLLARS
($490,000.00).
6. The Plaintiff has already deposited the sum of FIVE HUNDRED FIFTY
THOUSAND DOLLARS ($550,000.00) with the Treasurer of Lake County, and the parties
agree that within 30 days of the date of the final judgment order, Owner shall pay to the
Plaintiff the sum of SIXTYTHOUSAND DOLLARS ($60,000.00), said amount representing
the amount of excess just compensation previously paid by the Plaintiff.
7. The Owner /Lessee 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. Plaintiff waives any claim for the payment of interest or costs on the excess
amount of preliminary just compensation.
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.
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10. After the deposit of preliminary just compensation, the Owner was allowed
to withdraw the entire amount of that preliminary just compensation. The parties agreed
that any claims of the Lessee would be determined as part of any final settlement
stipulation and judgment in this matter.
11. The parties have now agreed that the Owner shall pay to the Lessee the sum
of THIRTY THOUSAND DOLLARS ($30,000.00) as full and complete satisfaction of any
and all claims which the Lessee may have in this matter. The parties have agreed that the
payment by Owner to Lessee of THIRTY THOUSAND DOLLARS ($30,000.00), shall be
in addition to the SIXTY THOUSAND DOLLARS ($60,000.00) which Owner has agreed
to refund to the Plaintiff, and therefore the total amount of payment to be made by the
Owner underthe terms of this Stipulation is NINETY- THOUSAND DOLLARS ($90,000.00).
12. For and in consideration of the payment of THIRTY THOUSAND DOLLARS
($30,000.00) by Ownerto Lessee, the Lessee hereby releases and forever discharges the
Owner 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.
13. All parties to this Stipulation agree that this Settlement Stipulation has been
entered into voluntarily, and all 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.
ix-
Joseph T. Morrison, Attorney for Plaintiff
1911
Prepared by:
Joseph T. Morrison
MORRISON & MORRISON, P.C.
32 N. West St.
Waukegan, IL 60085
847 -244 -2660
Attorney No. 6182078
By
William Ryan, Attorney for Defendant/Owner,
Chicago Title and Trust, et al.
By
John Foran, Attorney for Defendant/Lessee,
Touhy Lumber Company
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RESOLUTION NO. R -01 -03
RESOLUTION AUTHORIZING A REALLOCATION OF
SURPLUS TAX INCREMENT FINANCING FUNDS
WHEREAS, the Corporate Authorities of the Village of Deerfield, pursuant
to the provisions of Chapter 65, Section 5/11- 74.4 -4, et sec., Illinois
Compiled Statutes, the Tax Increment Allocation Redevelopment Act (the "Act ")
established two tax increment financing districts within portions of the
Village of Deerfield located within both Cook County and Lake County,
Illinois, designated as Lake Cook Road Tax Increment Financing District
( "TIF 111) and Village Center Tax Increment Financing District 2 ( "TIF 211); and
WHEREAS, the areas included in TIF 1 and TIF 2 are contiguous to each
other; and
WHEREAS, Chapter 65, Section 5/11- 74.4 -4(q) of the Act provides that any
monies received by a tax increment financing district and not required for the
payment and securing of obligations of such tax increment financing district
and /or redevelopment project costs may be transferred to a contiguous tax
increment financing district; and
WHEREAS, following a review of the proposed redevelopment projects and
attendant costs in TIF 1 and TIF 2, the Corporate Authorities have determined
that pursuant to the provisions of the Act that Surplus Funds are currently
available in TIF 1 which would be more effectively used in TIF 2.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE
VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS:
SECTION That any Surplus Funds presently existing in TIF 1 in
ONE: accordance with the Act be and are hereby declared Surplus
Funds available for transfer to TIF 2 as a contiguous Tax
Increment Financing District.
SECTION That pursuant to Section One hereof the Finance Director of
TWO: the Village of Deerfield has determined that the sum of
$2,500,000 and held by TIF 1 is Surplus Funds and is no longer
required for use pursuant to the provisions of the Act.
SECTION That the Finance Director of the Village of Deerfield is
THREE: hereby directed to follow the statutory provisions for the
reallocation of Surplus Funds from TIF 1 to TIF 2 and to take
the required steps to promptly insure the redistribution of Surplus Funds to
TIF 2.
SECTION That the Village Clerk shall provide such certified copies of
FOUR: this Resolution as may be required for the purposes of
effectuating the redistribution of Surplus Funds in the manner
set forth above.
SECTION That this Resolution shall be in full force and effect from
FIVE: and after its passage in the manner provided by law.
AYES: Harris, Ragona, Rosenthal, Seiden, Swanson (5)
NAYS: None (1)
ABSENT: Heuberger (1)
PASSED this 2nd day of April A.D., 2001.
APPROVED this 2nd day of April A.D., 2001.
VIL E PRESIDENT
ATTEST:
VIT-11AGE CLERK
I
RESOLUTION NO. R -01 -06
WHEREAS, it is the desire of the Village of Deerfield to hold its annual
Fourth of July Parade on Illinois State Route 43, on Wednesday, July 4, 2001 at 11:45 A.M.;
and
WHEREAS, said parade will require the closing of Illinois State Route 43 from
the intersection of Route 43 and Osterman Avenue north to Greenwood Avenue, either
partially or completely; and
WHEREAS, the State of Illinois requires the Village to assume all
responsibility and liability involved in closing of said highway:
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND
BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD:
RESOLVED this 18th day of June, A.D. 2001.