R-02-03VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
RESOLUTION NO. R-02-03
A RESOLUTION APPROVING A SETTLEMENT IN
VILLAGE OF DEERFIELD v BANK ONE N.A., etc., et al., 01 ED 29
WHEREAS, the Village of Deerfield is authorized to acquire real estate for public purposes
pursuant to its power of eminent domain; and,
WHEREAS, pursuant to Ordinance No. O- 01 -12 , the Village of Deerfield authorized
the acquisition of certain real estate commonly known as 750 Deerfield Road and legally described
on Exhibit A attached hereto (the "Subject Property") for public purposes of the Village; and,
WHEREAS, the Village of Deerfield filed an action to acquire the Subject Property pursuant
to its power of eminent domain, which action is currently pending in the Circuit Court of Lake
County, Illinois, as Village of Deerfield v. Bank One N.A., etc., et al., No. 01 ED 29; and,
WHEREAS, Bank One, the owner of the Subject Property, has agreed to settle the
condemnation for the sum of $1,400,000 to be paid as just compensation for the Village's acquisition
of fee simple title to the Subject Property; and,
WHEREAS, the corporate authorities of the Village of Deerfield have determined that it is
in the best interests of the Village of Deerfield that said condemnation action be settled and that the
Village acquire fee simple title to the Subject Property commonly known as 750 Deerfield Road, as
provided herein;
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS,
in the exercise of its home rule powers, as follows:
SECTION 1: That the President and Board of Trustees of the Village of Deerfield hereby
authorize settlement of the condemnation action known as Village of Deerfield v. Bank One N.A.,
etc., et al., No. 01 ED 29, and the acquisition of fee simple title to the real property described on
Exhibit A attached hereto, for payment of just compensation in the amount of $1,400,000.
SECTION 2: That the Village Attorney be and is hereby authorized and directed to enter
into settlement agreement providing for the entry of a final judgment order and the acquisition of fee
simple title to the Subject Property, and the Village Attorney and Village Manager are hereby further
authorized to take such other and further steps as may be necessary to finally conclude this matter.
SECTION 3: That this Resolution shall be in full force and effect from and after its passage,
and approval as provided by law.
PASSED this 19th day of February '2002.
AYES: Kayne, Ragona, Seiden, Swanson, Wylie (5)
NAYS: None (0 )
ABSENT: Rosenthal (1)
ABSTAIN: None , (
APPROVED this 19.
ATTEST:
Village _
&Z
EXHIBIT A
Legal Descriptions for Properties
Commonly. Known as 75.0. Deerfield Road,....
Deerfield, Illinois
PIN 16 -28 -321 -010
'Lof 2 (excepf The Wesf MGFeef fiiereoi
fhe East 171`eeT (hereof) in Block 2, in Me
of Deer{,'eld, in Me S.W. V4 o�'Secfion 28,
Norfh, Range 12 Easf cFthe,3rld,PrinclpalA
Lake Counfy,Illinois.
PIN 16 -28 -321 -011
All of Lot one (1) ex cep/ lhafwarf fhereo{ descri'becl as commencing
of 4he- _Soulheasf corner ofsaicf lot running Thence Norlherly along the Wesl
line o.f Lincoln Avenue 202 feel To Ike North line ol.said loT, thence Wesi
102feel 9'12 inches, thence Soulh fo Me Soulh line of sai'd la f fo a point
145.5feef Wesf of the Sculheasfcorner ofsaid lol, {hence Eas11455feL,4
fo fhe place of beginning, also Me Easf 171'eel of /ol 2, al /in B%ck 2, in
the .original Plal oFlhe Village of Deerfield in the S.W.4 ofSeclion28,
T. 43N.,R.12 Easl o {the 31dPrincipalAlericlian, in Lake Coun ly, Illinois
.Excepfing Thai par( of Lol 1 in Block 2 of fhe original plal of
Deerfielcl,�In_ Section 28 Township 43 /Vorlh,.Range.l2.Easl of McMird
Principcil.19ericll'an, accorc67,9 fo the blal (here of recorded in Book 27
oFDeecls, page 167, ,*n L ak'e County, Illinois, described as follows : -
Be9.innin9 of a�j? oinf on Me Norfh line of cl Lcf 1 a slonce of
102{ee-i 9%2 in W
ches esf of We Northeast corner o{Loll, thence Soulh
18 {eef, /hence Ncrlhwesierly along a sfrai9hT /ine to a point on the
Norfh line of Lol 1 which is o disfance of 131 beef 91/2 inches Wesl
orfhe Norlheas� ccrr,er of Lol 1, Thence Easf c7 /on9 Me Norfh line
o{ Lot 1 To The point of 6e9inr) irn9.
l �
IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT
LAKE COUNTY, ILLINOIS
VILLAGE OF DEERFIELD, an Illinois
municipal corporation,
Plaintiff,
V.
BANK ONE N.A., successor by merger to
NBD Bank, formerly known as Deerfield
Federal Savings & Loan Association; THE
NORTHERN TRUST BANK, formerly known
as First National Bank of Lake Forest, as Trustee
under Trust No. 2337, pursuant to instrument
recorded October 2, 1970, as Document 1476029
and amended by instrument recorded March 3,
1997, as Document 3938941; THE FIRST
PRESBYTERIAN CHURCH OF DEERFIELD,
pursuant to an easement recorded October 2, 1970,
as Document 14760' )0-. and, UNKNOWN
OWNERS,
Defendants.
No. 01 ED 29
STIPULATION AND SETTLEMENT AGREEMENT
Plaintiff VILLAGE OF DEERFIELD (hereinafter "Plaintiff or "Deerfield "), by and through
its attorneys, Peter D. Coblentz and Rosenthal, Murphey & Coblentz, and the Defendant, Bank One
N.A., a national banking association and successor by merger to NBD Bank, formerly known as
Deerfield Federal Savings and Loan Association (hereinafter "Defendant" or "Bank One"). by and
throu,h its attorney. Edward Dismukes, its First Vice - president and Counsel, having fully settled
and compromised the above- captioned cause, do hereby stipulate and agree as follows:
1. On May 29, 2001, Plaintiff filed its Complaint for Condemnation to acquire fee
simple title to the real property described on Exhibit A attached hereto.
1
2. All defendants to this proceeding have been served with process as provided by law
and have appeared in this cause.
hereto.
3. The court has jurisdiction over the subject matter of this cause and over all parties
4. Bank One represents and warrants that it is the fee simple title owner of the Subject
Property.
5. Plaintiff has authority to exercise the right of eminent domain to acquire fee simple
title to the Subject Property, the Subject Property sought to be taken herein is subject to the exercise
of that right, and that the right of eminent domain is not being improperly exercised.
6. The sum of One Million Four Hundred Thousand ($1,400,000) Dollars is agreed by
and between Bank One and Deerfield as the total, full and just compensation to be paid for the taking
of fee simple title to the Subject Property.
7. In lieu of judgment order of condemnation vesting Plaintiff with title to the Subject
Property, Bank One acid Deerfield agree that Bank One shall deliver good and merchantable fee
simple title to the Subject Property to Deerfield by a warranty deed in lieu of condemnation, free and
clear of all liens and encumbrances, and subject only to general taxes for year 2002 and subsequent
years, and exceptions A through G listed in the commitment for title insurance issued by Chicago
Title Insurance Company, Order No. 64376, attached hereto as Exhibit B. Closing of this
conveyance by deed in lieu of condemnation shall be at a mutually agreeable date within 30 days
of the date of this Agreement, at the office of Rosenthal, Murphey & Coblentz, or such other location
as may be mutually agreed to by the parties. At said closing, Bank One shall deliver the following
documents with respect to the Subject Property:
1
(i) duly executed Warranty Deed conveying title to the Subject Property;
(ii) Affidavit of Title in customary form covering the date of closing and showing title in
Bank One;
(iii) ALTA Statements in duplicate;
(iv) Real Estate Transfer Declarations;
(v) any and all other documents, not inconsistent with this Stipulation and Settlement
Agreement which are customary or are necessary to comply with the terms of this Stipulation
and Settlement Agreement and to convey good and merchantable fee simple title to the
Subject Property. y
8. At closing, Deerfield shall deliver to Bank One, or its nominee, One Million Four
Hundred Thousand ($1.400,000) Dollars as the total and final just compensation for the taking of
fee simple title to the Subject Property, plus or minus prorations.
9. Deerfield and Bank One further agree to the entry of a Final Judgment Order on
settlement fixing the total and final just compensation for the taking of fee simple title to the Subject
Property at One Million Four Hundred Thousand ($1,400,000) Dollars in substantially the form
attached hereto as Exhibit C.
10. Deerfield and Bank One mutually represent and agree that this Stipulation was signed
by their counsel with due authority of the respective parties.
11. This Stipulation is the entire and exclusive agreement of the parties and supercedes
any written or oral understanding, promise or agreement directly or indirectly related to this
proceeding.
12. The parties hereto waive trial by jury.
IN WITNESS WHEREOF, this Stipulation and Settlement Agreement has been duly
executed for and in behalf of the Village of Deerfield and Bank One N.A. by their respective
counsel.
Dated: , 2002
BANK ONE N.A., a national banking
association, successor by merger to NBD
Bank, formerly known as Deerfield Federal
Savings & Loan Association, Defendant
Edward Dismukes, Its Attorney
Peter D. Coblentz
Rosenthal, Murphey & Coblentz
30 North LaSalle St., Suite 1624
Chicago, IL 60602
Phone: 312.41.1070
Far: 312.41.9191
-4-
Dated: , 2002
VILLAGE OF DEERFIELD, Plaintiff
By:
Peter D. Coblentz, Its Attorney
All of Lot One (1) (Except that part thereof described as commencing at the
Southeast Corner of said Lot running thence Northerly along the West line of Lincoln
Avenue 202 feet to the North line of said Lot, thence West 102 feet 9 '/z inches,
thence South to the South line of said Lot to a point 145.5 feet West of the Southeast
corner of said Lot 1, thence East 145.5 feet to the place of beginning) in Block 2 in
the Original Plat of The Village of Deerfield in the S.W. 1/4 of Section 28, Township
43 North, Range 12 East of the 3rd Principal Meridian, according to the Plat thereof
recorded in Book 27 of Deeds, Page 167, in Lake County, Illinois; and Also
Excepting that part of Lot 1 described as follows: Beginning at a point on the North
line of Lot 1 a distance of 102 Feet 9 `/Z inches West of the Northeast corner of Lot
1, thence South 18 feet, thence Northwesterly along a straight line to a point on the
North line of Lot 1 which is a distance of 131 feet 9 `/z inches West of the Northeast
corner of Lot 1, thence East along the North line of Lot 1 to the point of beginning.
Also, All of Lot Two (2) (Except the West 106 Feet thereof), in Block 2 in the
Original Plat of The Village of Deerfield in the S.W. 1/4 of Section 28, Township 43
North, Range 12 East of The 3rd Principal Meridian, in Lake County, Illinois.
PIN 16 -28- 321 - 010 -0000 and 16 -28- 321 - 011 -0000
EXHIBIT A
COMMITMENT FOR TITLE INSURANCE
O
Chicago Title Insurance Company
Providing Title Related Services Since 1847
CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company, for a
valuable consideration, herebv commits to issue its policy or policies of title insurance, as identified in Schedule A
(which policy or policies cover title risks and are subject to the Exclusions from Coverage and the Conditions and
Stipulations as contained in said policy /ies) in favor of the proposed Insured named in Schedule A, as owner or
mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the
premiums and charges therefor, all subject to the provisions of Schedules A and B hereof and to the Commitment
Conditions and Stipulations which are hereby incorporated by reference and made a part of the Commitment. A
complete copy of the Commitment Conditions and Stipulations is available upon request and such include, but are
not Limited to, the proposed Insured's obligation to disclose, in writing, knowledge of any additional defects, liens,
encumbrances, adverse claims or other matters which are not contained in the Commitment; provisions that the
Company's liability shall in no event exceed the amount of the policy /ies as stated in Schedule A hereof, must be
based on the terms of this Commitment, shall be only to the proposed Insured and shall be only for actual loss
incurred in good faith reliance on this Commitment; and provisions relating to the General Exceptions, to which
the policy /ies will be subject unless the same are disposed of to the satisfaction of the Company.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy
or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the
issuance of this Commitment or by issuance of a revised Commitment.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and
obligations hereunder shall cease and terminate sir months after the effective date hereof or when the policy or
policies committed for shall issue, whichever first occurs, provided that the. failure to issue such policy or policies
is not the fault of the Company.
This Commitment is based upon a search and examination of Company records and /or public records by the
Company. Utilization of the information contained herein by an entity other than the Company or a member of
the Chicago Title and Trust Family of Title Insurers for the purpose of issuing a title commitment or policy or
policies shall be considered a violation of the proprietary rights of the Company of its search and examination
work product.
This Commitment shall not be valid or binding until signed by an authorized signatory.
Issued By:
CHICAGO TITLE INSURANCE COMPANY
1700 S. ELMHURST ROAD
MOUNT PROSPECT, IL 60056
Refer Inquiries To:
(847) 758 -4747
E.XWR11T
D.O.
CHICAGO TITLE INSURANCE COMPANY
By
uthorized Signatory
Commitment No.: 1409 000645876 NSc
CO..'OdIT4 /00Jk CPL _ 015/1:i/o'
CHICAGO TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
YOUR REFERENCE: 750 DEERFIELD ROAD ORDER NO.: 1409 000645876 NSC
EFFECTIVE DATE: MAY 1, 2001
1. POLICY OR POLICIES TO BE ISSUED:
OWNER'S POLICY: ALTA OWNERS 1992
AMOUNT: $10,000.00
PROPOSED INSURED: TO COME
2. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS COMMITMENT
AND COVERED HEREIN IS A FEE SIMPLE UNLESS OTHERWISE NOTED.
3. TITLE TO SAID ESTATE OR INTEREST IN SAID LAND IS AT THE EFFECTIVE DATE VESTED IN:
NBD BANK, FORMERLY KNOWN AS DEERFIELD FEDERAL SAVINGS AND LOAN ASSOCIATION
4. MORTGAGE OR TRUST DEED TO BE INSURED:
NONE
EX .;;8'IT
P. of pp.
RZNRCSA:
DPL PAGE Al DPL 05/16/01 15:46.:19
CHICAGO TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE.. (CONTINUED)
ORDER NO.: 1409 000645876 NSC
5. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS:
PARCEL 1:
LOT 2 (EXCEPT THE WEST 106 FEET THERE OF THE EAST 17 FEET THEREOF) IN BLOCK 2, IN
THE OF DEERFIELD, IN THE S.W. 1/4 OF SECTION 28, NORTH, RANGE 12 EAST OF THE 3RD
PRINCIPAL MERIDIAN, LAKE COUNTY, ILLINOIS.
PARCEL 2:
ALL OF LOT ONE (1) EXCEPT THAT PART THEREOF DESCRIBED AS COMMENCING AT THE
SOUTHEAST CORNER OF SAID LOT RUNNING THENCE NORTHERLY ALONG THE WEST LINE OF
LINCOLN AVENUE 202 FEET TO THE NORTH LINE OF SAID LOT, THENCE WEST 102 FEET 9 1/2
INCHES, THENCE SOUTH TO THE SOUTH LINE OF SAID LOT TO TA POINT 145.5 FEET WEST OF
THE SOUTHEAST CORNER OF SAID LOT, THENCE EAST 145.5 FEET TO. THE PLACE OF
BEGINNING, ALSO THE EAST.-17-FEET OF LOT 2, ALL IN BLOCK 2,. IN THE ORIGINAL PLAT
OF THE VILLAGE OF DEERFIELD IN THE S.W. 1/4 OF SECTION 28, T.43 N., R. 12 EAST OF
THE 3RD PRINCIPAL MERIDIAN, IN LAKE COUNTY, ILLINOIS. EXCEPTING THAT PART OF LOT
1 IN BLOCK 2 OF THE ORIGINAL PLAT OF DEERFIELD, IN SECTION 28 TOWNSHIP 43 NORTH,
RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED IN BOOK 27 OF DEEDS, PAGE 167, IN LAKE COUNTY, ILLINOIS, DECRIBED AS
FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF LOT 1 A DISTANCE OF 102 FEET 9
1/2 INCHES WEST OF THE NORTHEAST CORNER OF LOT 1, THENCE SOUTI[ 18 FEET, THENCE
NORTHWESTERLY ALONG A STRAIGHT LINR TO A POINT ON THE NORTH LINE OF LOT 1 WHICH
IS A DISTANCE OF 131 FEET 9 1/2 INCHES WEST OF THE NORTHEAST CORNER OF LOT 1,
THENCE EAST ALONG THE NORTH LINE OF LOT 1 TO THE POINT OF BEGINNING.
UHI) 311 T. — 9 . I .
P. 3 of Z pp. .
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x•
DPL - PAGE A2 DPI 05/L6/O1 15:46:20
CHICAGO TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
ORDER NO.: 1409 000645876 Nsc
1. WE SHOULD BE FURNISHED A PROPERLY EXECUTED ALTA STATEMENT.
2. NOTE FOR INFORMATION: ,THE COVERAGE AFFORDED BY THIS COMMITMENT AND
ANY POLICY ISSUED PURSUANT HERETO SHALL NOT COMMENCE PRIOR TO THE
DATE ON WHICH ALL CHARGES PROPERLY BILLED BY THE COMPANY HAVE BEEN
FULLY PAID.
K 3. TAXES FOR THE YEARS 2000 AND 2001.
2001 TAXES ARE NOT YET DUE OR PAYABLE
2000 TAXES ARE PAYABLE IN TWO INSTALLMENTS:
2000 FIRST INSTALLMENT AMOUNTING TO .$2,471.18, IS NOT DELINQUENT BEFORE JUNE
4, 2001
2000 SECOND INSTALLMENT AMOUNTING TO $2,471.18, IS NOT DELINQUENT BEFORE
SEPTEMBER 4, 2001.
-(INCLUDING $32.86 FOR PERMANENT ANNUAL DRAINAGE ASSESSMENT)
PERMANENT INDEX NUMBER: 16 -28- 321 - 010-0000 (AFFECTS PARCEL 1)
L 4. TAXES FOR THE YEARS 2000 AND 2001.
2001 TAXES ARE NOT YET DUE OR PAYABLE
2000 TAXES ARE PAYABLE IN TWO INSTALLMENTS:
2000 FIRST INSTALLMENT AMOUNTING TO $4,247.36, IS NOT DELINQUENT BEFORE JUN:;
4, 2001
2000 SECOND INSTALLMENT AMOUNTING TO _$4,247.36, IS NOT DELINQUENT BEFORE
SEPTEMBER 4, 2001 J/]�
7
7 of _L._._._pn,
RNRCBI
DPL
PAGE B1 DPL 05/16/01 15:43:15
CHICAGO TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B (CONTINUED)
ORDER NO.: 1409 000645876 NSC
(INCLUDING $57.00 FOR PERMANENT ANNUAL DRAINAGE ASSESSMENT)
PERMANENT INDEX NUMBER: 16 -28- 321 - 011 -0000 (AFFECTS PARCEL 2)
A 5. RIGHTS OF THE PUBLIC AND OF THE STATE OF ILLINOIS IN AND TO SO MUCH OF THE
LAND HEREIN AS SHOWN ON PLAT OF SURVEY RECORDED OCTOBER 21, 1941 AS DOCUMENT
503700 (AFFECTS PARCEL 1).
8 6. RIGHTS OF FIRST NATIONAL BANK OF LAKE FOREST, AS TRUSTEE UNDER TRUST NUMBER
2337, IN AND TO THE USE OF THREE PARKING STALLS TO BE LOCATED ON THE LAND
HEREIN FOR THE PURPOSE OF PARKING MOTOR VEHICLES AS GRANTED BY INSTRUMENT
RECORDED OCTOBER 2, 1970 AS DOCUMENT 1476029 AND AMENDED BY INSTRUMENT
RECORDED MARCH 3, 1997 AS DOCUMENT 3938941, AND THE TERMS AND PROVISIONS
CONTAINED THEREIN .
C 7. RIGHTS OF THE FIRST PRESBYTERIAN CHURCH OF DEERFIELD IN AN TO A PARKING
EASEMENT OVER THE LAND HEREIN FOR PARKING PURPOSES ON SUNDr,YS AND CERTAIN
EVENINGS, AS GRANTED BY INSTRUMENT RECORDED OCTOBER 2, 1970 AS DOCUMENT
1476030 AND TO THE PROVISIONS AND CONDITIONS CONTAINED THEREIN
D 8. TERMS, PROVISIONS AND CONDITIONS CONTAINED IN THE ZONING OP.DINANCE RECORDED
NOVEMBER 9, 1970 AS DOCUMENT 1480178.
£ 9. RIGHT OF ILLINOIS BELL TELEPHONE COMPANY, A CORPORATION OF ILLINOIS, ITS
SUCCESSORS AND ASSIGNS, THE RIGHT, PERMISSION AND AUTHORITY TO CONSTRUCT, LAY,
MAINTAIN, ETC., UNDERGROUND CONDUITS, CABLES, ETC., WITH RIGHT OF ACCESS
THERETO FOR THE MAINTENANCE THEREOF, IN, UPON, UNDER AND ALONG THE NORTH 5
FEET OF LOT 2 AND THE NORTH, NORTHEASTERLY AND EAST 5 FEET OF LOT 1, AS
GRANTED BY INSTRUMENT RECORDED DECEMBER 24, 1970.AS.DOCUMEIVT 1485535.
F 10. ORDINANCES BY THE VILLAGE OF DEERFIELD ADOPTING AND APPROVING A TAX INCREMENT
REDEVELOPMENT PLAN AND PROJECT RECORDED DECEMBER 16, 1992 AS DOCUMENTS
3258535, 3258536 AND 3258537.
G 11. EASEMENT AGREEMENT MADE BY AND BETWEEN DEERFIELD FEDERAL SAVINGS AND LOAN
- ASSOCIATION, AND THE VILLAGE OF DEERFIELD RECORDED SEPTEMBER 28, 1995 AS
DOCUMENT 3728158, OVER THE SOUTH 1 FOOT OF THE LAND HEREIN (EXCEPTING
THEREFROM THAT PORTION THEREOF WHICH MAY UNDERLIE•ANY PORT.T.ON OF THE BRICK
WALL AND BRICK POSTS PRESENTLY UPON SAID PREMISES), AND THE TERMS AND
CONDITIONS CONTAINED THEREIN.
H 12. EXISTING UNRECORDED LEASES AND ALL RIGHTS THEREUNDER OF THE LESSEES AND OF AL`!
PERSON OR PARTY CLAIMING BY, THROUGH OR UNDER THE LESSEES.
N 13. POSSIBLE MECHANICS' LIEN CLAIM WHICH MAY ARISE RESULTING FROM WORK PERFORMED
BY ANY PROPERTY MANAGER ON THE LAND HEREIN.
M 14. IN ORDER THAT WE MAY INSURE TITLE AFTER COMPLETION OF AN EMINENT DOMAIN
PROCEEDING TO ACQUIRE FEE TITLE TO THE LAND OR A LESSER INTEREST THEREIN, WEE
NOTE THE FOLLOWING:
(A) NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED AS INSURING THE POWER OR
RCSCHBCO ,„ ,•- &_� PAGE B 2
DPL 7 rn DPL 05/_6/01 15:43:16
CHICAGO TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B (CONTINUED)
ORDER NO.: 1409 000645876 NSC
RIGHT OF THE PLAINTIFF TO CONDEMN_THE LAND;
(B) OUR POLICY, WHEN ISSUED, WILL BE MADE SUBJECT TO DIRECT ATTACK UPON THE
JUDGMENTS AND ORDERS ENTERED IN THE CASE;
(C) .UPON FILING OF THE COMPLAINT, A PROPER LIS PENDENS NOTICE SHOULD BE
RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN THE COUNTY IN WHICH THE
LAND IS LOCATED;
(D) THE FOLLOWING NECESSARY PARTIES SHOULD BE JOINED IN THE CONTEMPLATED
PROCEEDING IN ORDER THAT WE MAY INSURE THAT THEIR INTERESTS WILL BE AFFECTED:
(1) ALL PERSONS ACQUIRING RIGHTS IN THE LAND SUBSEQUENT TO THE DATE OF THIS
COMMITMENT AND PRIOR TO THE TIME A COMPLETE LIS PENDENS NOTICE HAS BEEN
RECORDED /FILED;
(2). ALL PERSONS, OTHER THAN THOSE NAMED HEREIN, KNOWN BY PLAINTIFF-OR
PLAINTIFF'S ATTORNEY TO HAVE OR CLAIM TO HAVE AN INTEREST IN THE LAND;
(3) ALL PERSONS IN POSSESSION OF THE LAND.
(4) NBD BANK, FORMERLY KNOWN AS DEERFIELD FEDERAL SAVINGS AND LOAN
ASSOCIATION, RECORD OWNER OF THE LAND.
NOTE: IT APPEARS THAT THE NAME OF THE RECORD OWNER MAY HAVE CHANGED, AS A
RESULT OF SUCCESSION BY MERGER OR ACQUISITION. THE PRESENT NAME OF SAID OWNER
SHOULD BE DETERMINED THROUGH THE COURSE OF THESE PROCEEDINGS, AND THIS
COMMITMENT REMAINS SUBJECT TO SUCH EXCEPTIONS OR AMENDMENTS AS MAY BE
APPROPRIATE.
NOTE FOR INFORMATION: FIRST CHICAGO NBD BANK ACTED AS SUCCESSOR IN INTEREST TO
DEERFIELD FEDERAL SAVINGS AND LOAN ASSOCIATION IN EXECUTING AN AMENDMENT TO
EASEMENT AGREEMENT ON FEBRUARY 14, 1997, RECORDED MARCH 3, 1997 AS DOCUMENT
3938941.
NOTE: IF IT IS KNOWN THAT ANY OF THE NECESSARY PARTIES LISTED HEREIN ARE
DECEASED, THEIR HEIRS OR LEGATEES SHOULD BE MADE PARTIES BY NAME IF KNOWN, AND
IF UNKNOWN, THEN BY THE NAME AND DESCRIPTION OF "UNKNOWN HEIRS OR LEGATEES OF"
SUCH DECEASED PERSON OR PERSONS. IF IT IS NOT KNOWN OR CANNOT BE ASCERTAINED
WHETHER ANY OF SAID PARTIES ARE LIVING OR DEAD, THEN SUCH PARTIES SHOULD BE
MADE PARTIES BY NAME, AND SUCH PERSON(S) AS WOULD BE THEIR HEIRS OR LEGATEES
SHOULD ALSO BE MADE PARTIES TO THE PROCEEDING AS "UNKNOWN OWNERS." IN THIS
CONNECTION WE DIRECT YOUR ATTENTION TO SECTION 2 -413 OF THE CODE OF CIVIL
PROCEDURE.
NOTE: IN THE EVENT THAT THERE ARE ANY PERSONS WHO ARE NECESSARY PARTIES TO
THE CONTEMPLATED PROCEEDING, BUT THE NAMES OF SUCH PERSONS ARE UNKNOWN AND
UNASCERTAINABLE, THEN, AND IN THAT EVENT ONLY, SUCH PERSONS SHOULD BE MADE
PARTIES UNDER THE DESCRIPTION OF "UNKNOWN OWNERS," UNLESS THE CONTRARY IS
HEREIN INDICATED. THE QUESTION OF THE COMPANY'S WILLINGNESS TO RELY ON THE
DESIGNATION OF "UNKNOWN OWNERS" TO INSURE OVER THE INTEREST OF AN UNRECORDED
MECHANICS' LIEN CLAIMANT, IF ANY, SHOULD BE SUBMITTED TO AN UNDERWRITER.
RCSCHBCO PAGE B 3
DPL�y:.;, DPL 05/:6/01 15:43:1;
CHICAGO TTT - INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B (CONTINUED)
ORDER NO:: 1409 000645876 NSC
(E) ADDITIONAL INFORMATION, IF ANY: NONE
NOTE: IN ORDER FOR THE COMPANY TO INSURE OVER THE LIENS OF REAL ESTATE TAXES
AND SPECIAL ASSESSMENTS AND THE RIGHTS OF ANY TAX PURCHASER-NAMED HEREIN AFTER
THE COMPLETION OF THE CONTEMPLATED PROCEEDING, THE COUNTY COLLECTOR'S WARRANT
BOOKS AND THE MUNICIPALITY'S SPECIAL ASSESSMENT RECORDS MUST BE MARKED
APPROPRIATELY, ANY TAX DEED PROCEEDING NOTED HEREIN MUST BE DISMISSED AND ANY
OUTSTANDING CERTIFICATE OF PURCHASE MUST BE CANCELLED.
NOTE: THE CONTEMPLATED PROCEEDING MAY AFFECT THE RIGHTS OF ONLY THOSE PARTIES
NAMED HEREIN IN PARAGRAPH "D" AS NECESSARY PARTIES. THE POLICY, WHEN ISSUED,
WILL BE SUBJECT TO THE RIGHTS OF ALL OTHER PARTIES AND INTERESTS SHOWN IN THIS
COMMITMENT, INCLUDING, BUT NOT LIMITED TO, EASEMENTS, COVENANTS, CONDITIONS,
RESTRICTIONS, AND THE RIGHTS OF PUBLIC OR QUASI - PUBLIC UTILITIES IN THE LAND,
IF ANY, UNLESS SATISFACTORY DISPOSITION THEREOF IS OTHERWISE MADE OR UNLESS
OTHERWISE EXPRESSLY STATED HEREIN.
1 15. FOR EXAMINING INQUIRIES REGARDING THIS COMMITMENT PLEASE CONTACT DOUG LARSEN
IN THE SUBURBAN COMMERCIAL DIVISION IN MT PROSPECT AT.(8471 758 -4747.
TO SCHEDULE A CLOSING AT ANY CHICAGO TITLE NORTH SUBURBAN LOCATION, PLEASE
CALL (847) 758 -4747.
TO FAX CLOSING FIGURES, PLEASE CALL (847) 758 -2207.
** END **
RCSCHBCO t-X' . l v PAGE B 4
DPL, r -7 DPL 05/1.6/01 15:43:15
IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT
LAKE COUNTY, ILLINOIS
VILLAGE OF DEERFIELD, an Illinois
municipal corporation,
Plaintiff.
u
BANK ONE N.A., successor by merger to
NBD Bank, formerly known as Deerfield
Federal Savings & Loan Association; THE
NIORTHERNI TRUST BANK, formerly known
as First National Bank of Lake Forest, as Trustee
under Trust No. 2337, pursuant to instrument
recorded October 2, 1970, as Document 1476029
and amended by instrument recorded March 3,
1997, as Document 3938941; THE FIRST
PRESBYTERIAN CHURCH OF DEERFIELD,
pursuant to an easement recorded October 2, 1970,
as Document 1476030; and, UNKNOWN
O`'v N1ERS.
Defendants.
No. 01 ED 29
FINAL JUDGMENT ORDER PURSUANT
TO STIPULATION AND SETTLEMENT AGREEMENT
THIS MATTER coming on hearing on the Stipulation and Settlement Agreement of the
Plaintiff, Village of Deerfield. and Defendant, Bank One N.A., by and through their respective
attorneys, and the Court being advised that the parties have fully compromised and settled this cause.
hereby finds as follows:
That the Plaintiff filed a Complaint for Condemnation to acquire fee simple title to
the following described property (the "Subject Property ") on May 29, 2001:
All of Lot One (1) (Except that part thereof described as commencing at the
Southeast Corner of said Lot running thence Northerly along the West line of Lincoln
Avenue 202 feet to the North line of said Lot, thence West 102 feet 9 '/ inches.
Exhibit C
thence South to the South line of said Lot to a point 145.5 feet West of the Southeast
corner of said Lot 1, thence East 145.5 feet to the place of beginning) in Block 2 in
the Original Plat of The Village of Deerfield in the S.W. 1/4 of Section 28, Township
43 North, Range 12 East of the 3rd Principal Meridian, according to the Plat thereof
recorded in Book 27 of Deeds, Page 167, in Lake County, Illinois, and Also
Excepting that part of Lot.l described as follows: Beginning at a point on the North
line .of Lot 1 a distance of 102 Feet 9 '/z inches West of the Northeast corner of Lot
1, thence South' 18 feet, thence Northwesterly along a straight, line to a point on the
North line of Lot 1 which is a distance of 131 feet 9 '/2 inches West of the Northeast
corner of Lot 1, thence East along the North line of Lot 1 to the point of beginning.
Also, All of Lot Two (2) (Except the West 106 Feet thereof), in Block 2 in the
Original Plat of The Village of Deerfield in the S.W. 1/4 of Section 28, Township 43
North, Range 12 East of The 3rd Principal Meridian, in Lake County, Illinois.
PIN 16 -28 -321- 010 -0000 and 16 -28- 321- 011 -0000
2. That all Defendants in this cause have been served by process or publication as
provided by statute, or have appeared in this action.
3. That Plaintiff ,Village of Deerfield, and Defendant, Bank One N.A., have stipulated
and agreed that the total amount of final just compensation to be made for the taking of fee simple
title to the Subject Property is the sum of One Million Four Hundred Thousand ($1,400,000) Dollars.
4. That the parties have waived their right to have just compensation for the taking of
the Subject Property determined by a jury.
5. That Plaintiff, Village of Deerfield, and Defendant, Bank One N.A., have stipulated
and agreed that title to the Subject Property shall be conveyed by Bank One N.A. to the Village of
Deerfield by a warranty deed in lieu of condemnation as provided in the Stipulation and Settlement
Agreement of the parties.
6. That the parties have further agreed to the entry of this Agreed Final Judgment Order.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED as follows:
Exhibit C - 2 -
1. That the total and final just compensation to be paid for the taking of fee simple title
to the Subject Property is the amount of One Million Four Hundred Thousand ($1,400,000) Dollars,
being the amount agreed and stipulated upon by and between the Plaintiff ,Village of Deerfield. and.
the Defendant, Bank One, N.A.
2. That said amount of total final just compensation shall be paid by the Plaintiff,
Village of Deerfield, to Defendant, Bank One N.A., in exchange for a warranty deed in lieu of
condemnation, as provided in the Stipulation and Settlement Agreement of said parties.
3. Entry of this Agreed Final Judgment Order terminates this cause of action; provided,
however, that this Court shall retain jurisdiction of this cause of action for the sole purpose of
enforcing this Final Judgment Order Pursuant to Stipulation and Settlement Agreement.
ENTER:
Judge
Dated: , 2002
Peter D. Coblentz
Rosenthal, Murphey & Coblentz
30 North LaSalle St., Suite 1624
Chicago, IL 60602
Phone: 312.541.1070
Fax: 312.541.9191
Attorney No. 0312 1613
Exhibit C - 3 -