1987-10-19 - Resolution 1987-52 - APPROVING RIGHT OF ENTRY CONCERNING THE AQUISITION OF THE BUFFALO GROVE POLICE STATION SITERESOLUTION NO. 87_52
A RESOLUTION APPROYING RICHT OF ENTRY CONCERNING THE AC0UISITION
OF THE BUFFALO GROVE POLICE STATION S]TE
WHEREAS, the Village Board. d.esires to acquire the Buffalo Grore
Police Station site and vill utilize a Right of Entry to initiate the acquisition;
and,
WHEREAS, the acceptance of an Agreement is required in order
to proceed with the ocquisition of the Police Station site;
NOW, THEREFORE, BE IT RESOLVED, by the Village President
and. Board. of Tntstees of the Village of Buffalo Grove, Cook and Lake
Counites , Illtnois cs follows:
1. The Agr eement for commencing the Police Statton Site ocquisition
and the Right of Entry attached and mad.e a part of this Resolution
are hereby approved.
2. The Village Presid.ent and, Village Clerk are hereby authorized
and directed. to etecute soid Right of Entry, a copy of which
is attached hereto and mad.e a part hereof.
AyES: 5 - Marienthal, Glover, Reid' Kowalski ' Shifrin
NA yS: 0 - None
1- ShieldsABSENT:
PASSED:October 19 , 1987
APPROVED:
ATT ES'f :
fn.&""!;
age Pres de
V illag iz,t lerk
AGREEI'IENT
1. BACKGROUND
On Decenber 24, L986 Buffalo Grove fi1ed, in the Circuit
Court of the 19th Judiclal Circuit, Lake County, I11lnols, a
Conplaint For Condennation entltled V111age of Buffalo crove
v. Amalgarnated Trust & Savlngs Bank, et al ., Case No. 85 ED
65 (hereafter referred to aE the rrcondennatlon caseo). fn
the condennation case Buffalo Grove seeks to acquire a 2
acre parcel for a proposed new pollce Etation. The 2 acre
parcel is part of a larger parcel of 15.29 acres which is
owned by the Owners. The O$ners reeponded by filing a otlon
To Disniss And Traverse in the condennation case and, after
an evidentiary hearlng, the Honorable ;fohn w. Rapp, Jr.
entered an order denying the llotion To Disniss And Traverse
on October 8, 1987.
1
The vlllage of Buffalo Grove (hereafter referred to as
"Buffalo Groverr), by its attorneys, Richard A. Rednond of
wa1sh, caae, Coale & Brown and Willian G. Raysa of BLoche,
French & Raysa, and Analgamated Trust & Savings Bank, as
Trustee under a Trust Agreement dated August 21, 1958 and
known as Trust No. 2059, the beneficiarles of the aforesaid
trust, and Bernard Ecker (hereafter referred to as rrthe
ownersr'), by their attorneys, Aaron Hoffnan of schlrartz &
Freenan and John R. S1oan, enter into the following
agreenent :
on Septenber 3, 1987 the Ownera filed, in the Circuit
court of, the 19th Judiclal Circuit, Iake county, I1llnols, a
Conplaint entitled Amalganated Trust & Savl,ng6 Bank, et aI.
v. Village of Buffalo Grove, Caae No. 87 ltR 335 (hereafter
referred to as the rdecl,aratory Judgment casetr) . Buffalo
Grove responded by flltng Defendantr6 sec. 2-619(a) (1) uotion
To Disniss Plaintiffts conplaint.
2. CONDEMNATION CASE
Buffalo crove and the ownera agree to present to the
Court a proposed order ln the forn set forth in Exhibit A of
thiE Agreenent, and to ask the court to continue the trial of
the conpensation phase of the condennatlon case for a period
of 7 months. During this 7 nonth perlod, Buffalo crove and
the Owners agree to attenpt to eettle the condemnation case
and other outstanding Lssues through good falth negotiations.
During this 7 nonth period, Buffalo Grove will consider in
good fai.th proposals for developnent of the renalnder
property in accordance with the Btatutes of the state of 11-
linois and the ordinances of the Vi.I1age of Buffalo crove.
If the negotiations do not result in a settleurent by the end
of the 7 month negotlating perlod, BuffaLo crove and the
orilners agree to request the trial court to place the conden-
natlon ca8e back on the trial call for lunediate trial to
2
3
deternine the just conpensation. In the event the condenna-
tion case does proceed to trial to deterrnine just compen6a-
tion, Buffalo crove and the Owners agree that only the fo1-
lowing appralsal witnesses will testify (unless one of the
following witnesses la incapable. of testifylng due to i11-
ness, death, acts of God, or upon a showing of good cause
based on genuine surprise): Jared Shlaes for the Owners, and
Neil xing and Frank Iorenz for Buffalo Grove.
roN D l,tr D TRAVERS
The orrners agree to abide by the order disrnissing the
Uotion To Disniss And Traverse, entered by iludge Rapp on Oc-
tober 8, 1987, and to waive any rlghts of appeal fron that
order including, but not linited to, any rlghts of inter-
locutory appeal under I1llnols Supreme Court Rules 304 or
308, and any rights of appeal fron the October 8, 1987 order
at the conclusion of the condennation case under fllinois
Suprene Court RuIe 3 01,.
4. DECI,AR,ATORY JUDG}IENT CASE
Buffalo Grove and the Orrners agree to present to tbe
Court a proposed order in the forn Eet forth 1n Exhibit B of
this AgreeDent, and to ask the court to disroiss without
prejudice the declaratory J udgiment case. The Owners agree
not to reflle Counts II and III of the declaratory J udgrment
case during the 7 nonth negotiating period, or any extension
3
thereof, referred to in paragraph 2 of this Agreeloent. The
owners also agree not to refile Count I of the declaratory
J udgrment case, unless denanded to do so Purauant to contrac-
tual obligatlons toward a contract Purchaser or developer,
during the 7 month negotlating perlod, or any extension
thereof, referred to ln Paragraph 2 of this Agreenent.
5. RIGHT OF ENTRY
In order to allow Buffalo Grove to construct the
proposed new police station on the po1lce statlon site in ac-
cordance with Buffalo crove ra constructLon schedule, the
owners agree to execute and deliver to Buffalo Grove a Right
of Entry in the forn aet forth ln Exhlbit C of this Agree-
Dent, and to execute and dellver to Buffalo Grove a pl.at of
subdivision which ls necessary to pennit Buffalo Grove to
build on the po1lce Etation Eite. The plat of subdivision
will be executed by the o!f,ners and delivered to Buffalo crove
within a reasonable tlne in order to enable Buffalo Grove to
neet its construction Echedule. Buffalo crove represents
that the owners I execution of, and delivery to Buffalo Grove
of, the aforesaid Right Of Entry and plat of subdiviEion
shall not dininish the Orrners I rights to Just conpensation in
the condennation case, and ln cornputlng the final conpensa-
tion to be paid for the fee lnterest sought to be acguired,
such compenEation including danage to the rernainder, lf any,
sha11 be Dade aa if the Right Of Entry dld not exist.
4
Dated:i
Agreed:
VI LI,AGE OF BUFFAI' GROVE
By:4 at
Analganated Trust & Savings
Bank, as Trustee under aTrust Agreement dated August21, 1968 and known as Trust
No. 2069, the beneficiariesof the aforesaid trust, and
Bernard Ecker.
By:
o r attorneys
)
o s
IN THE CIRCUIT COTIRT OF THE NINETEENTH JUDTCIAL CIRCI'IT
LAKE COI'NTY, TLLINOIS
THE VILLAGE OF BUFFAIO GROVE,
Plaintiff,
v.
)
)
)
)
)
)
)
)
)
)
No. 86 ED 65
AI.{ALGNIATED TRUST & SAVINGS BANK,et aI .,
Defendants,
ORDER
This case cane to be heard on the Joint raotion of the
plaintiff and defendantE for a contLnuance of the trial to
deterroine Juet conpensation and the Court, having been fulty
advised in the prenises,
HERABY ORDERS that the trlal of tlris case is continued
to
Dated 3 Enter:
JUDGE
Agreed:
Village of Buffalo crove Analganated Trust & Savings
Bank, et aI.
By:By
One of its attorneys.6ne of ttre:fr attorneys.
Richard A. Redmond
Wa1sh, Case, Coale & Brown
2500 Prudentlal Plaza
Chicago, ILlinois 50601(312) 938-3800
EXHIBIT A
IN THE CIRCUIT COI'RT OF THE NIIIETEENTH JUDICTAL CIRCUIT
I,,AKE COI'NTY, ILLINOIS
AI{AIGA,IITATED TRUST & SAVINGS BANK,et aI .,)
)
)
)
)
)
)
)
)
)
No. 87 !{R 335
ThiE case cane to be heard on the Joint notion of the
plaintiffs to voluntarily disrnies thJ.s case, and the Court,
having found that the notlon ls nade prior to trial or hear-
ing of the case and havlng been fuIly advised in the
prenises ,
HEREBy ORDERS that this case 1s dlsnissed without
prejudice and without costs to elther party.
Dated :Enter:
JUDGE
Aaron E. Hof finan, Esq.
SCHWARTZ & FREEI.TAN
401 North Michigan Avenue
Chicago, Illinois 505 01(3t2) 222-O8OO
E)CIIBIT B
Plaintiffs,
v.
THE VILI,AGE OF BUFFAI' GROVE,
Defendants.
ORDER
BICtsT-9I.T.NIBX
THIS INDEITTuRE nade on thls 19th day of october' 1987 by and
betrreenAnalgamatedTruEt&savingsBankrasTruBte€undera
Trust Agreement dated AuguBt 2l'' 1968 and knosn aa fru8t No'
2069, the beneficiarlea of the aforeBaid Truat' and Barnard Ecksr
(hereinafter referred to as rtcrantorErt ) ' and the village of Buf-
falo Grove (herelnafter referred to aa riBuffalo Grover):
WHEREAS, Buffalo Grove in connection uith the conBtruction
of a propoaed new poIlce statlon in Buffalo Grove (hereinafter
referred to as th€ (Inproveuentrt ) , flnds it necessary to acqulre
certain lnterests in real Property owned by the Grantora ' IegaIIy
described in Exhibit trAn attached hereto i and
WHEREAS, in order to facllltate the conBtructlon of the In-
provenent, it Is neceasary for Buffalo Grove to obtaln an im-
rnedlate Right-of-Entry to enter upon sald Prop€rty for the pur-
poses of perforning englneerlng, constructlon' and naintenance of
the Improvement i and
and
tsIIUEggESB:
WHEREAS, the Grantors desire to cooperate with Buffalo Grove
in the conatruction of the IEProveDent, and are willlng to grant
a Right-of-Entry on the Property described ln Exhlblt rAn accord-
ing to tbe terEE and conditloi'rs of this Right-of-Entry Agreetoent '
of
the
the
of
the
acknouledged, Buffalo
wHEREis, the Grantors repreeent that they are the ownert
the real property legally descrlbed ln Exhibit iAt and have
right and authority to grant the Right-of-Entry Pursuant to
terns hereof.
Now THEREFoRE, in consideration of the routual promises
the parties hereto and other gog'd and valuable consideration'
receiPt and eufficiency of whlch le hereby
Grove and the Grantors aqree as follows:
1 The Grantors hereby grant to Buffalo Grove' and its
enployees, agents and contractors the imnediate right
to enter upon the proPerty described in Exhibit nArr
hereto for the Purpose of constructing ' operating and
raintaining a pollce station, together with the right
to exercise aII rights and lawful purPoses of Buffalo
Grove.
Buffalo Grove agrees to prornptly enter into good faith
settlenentdiscussionsforthepurposeofdeternining
the just conpensation due Grantors for the fee sinple
taking of said Property, and in the event Buffalo Grove
and the Grantors cannot agree on flnal Just conpensa-
tion due, Buffalo Grove will proceed vith lts eminent
donain action for the deternination of final just corn-
pensation due the Grantors '
It is the lntention of the parties that the grant of
Right-of-Entry described hereln shall not dirninish the
2
3.
4
\/ \,.
Grantors' rights to a fair and proper detemination ' of
final just compensation due Grantors, and in computing
the final courpensation to be paid for the fee interest
Eought to be acquired, 6uch conPensation lncludlng
damage to the reDalnder, lf any, shall be uade as if
this Agreernent for Right-of-Entry ttid not exist'
The Grantors EhaII make no additional clain for
property darnages as a result of construction work on
the aforenentioned ProPerty. Houever, Buffalo Grove
agrees to confine its constructLon work to that Part of
the crantors' property descrlbed in Exhibit IAlr, at-
tached hereto, and in the event Buffalo Grove or its
contractors danage a portion of the Grantors' property
not described in Exhibit nA'r, Buffalo Grove uiII make
reimbursenent for all danages to such ProPerty '
In the event the property ls peroanently abandoned by
Buffalo Grove prior to the transfer of the fee interest
sought to be taken, Buffalo Grove witl also reirnburse
the Grantors for aII darnages to the property described
in Exhibit trAr or will restore the property to its con-
dition, as existing on the date of this Right-of-Entry'
Buffalo Grove represents that it uill not abandon the
property after conmencenent of constructlon thereon '
In the event Buffalo Grove abandons the property Prior
to construction, Buffalo Grove rill' reinburse the
Orrners for thelr costs and attorneys' fees directly at-
tributable to the condennation caEe.
5.
6 Buffalo Grove hereby agrees to defend and to indeunify
the Grantors and hotd the GrantorB harrnlees froE and
against all clains and liabilities, lncludlng
attorneys' fees and exPenses incurred in the defense of
such clains, uhich Day be asserted against the Grantors
arising fron the sork'which Day be perforned PurEuant
hereto by Buffalo Grove, its enployees, agents and con-
tractors. The Grantors agree to give Pronpt notice to
Buffalo Grove of any auch clain rhich nay be nade
against the Grantors as soon as the Grantors become
anare of such c1aim.
The Right-of-Entry shatl be effective on the date of
this Indenture as set forth above'
7
rHE VILINGE OF BUFFAIO GROVE
By:
VERNA CIA
Pres ident
YTONBy:Its :
Attest:
IN WITNESS I{HEREOF, the parties hereto have caused this in-
strument to be executed by their respective agents thereunto
fully authorized on the day and year first above uritten'
GRANTORS:
N{AI.GA},{ATED TRUST & SAVINGS BANK,
AS TRUSTEE UNDER A TRUST AGREE}IENT
DATED AUGUST 21, 1958 AND KNOI{N AS
TRUST NO. 2059.
I#
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