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2017-21IN DRT#] gill I MON ifI&-11TVA9M A RESOLUTION APPROVING DISCLAIMER OF INTEREST IN JUST COMPENSATION AWARD WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Illinois Department of Transportation ("IDOT") is engaged in the improvement of Lake Cook Road from Raupp Boulevard to Hastings Lane and that in order to make the improvements it is necessary to acquire certain private property rights ("condemnation parcels"); and WHEREAS, IDOT has been unable to reach agreement with the owner of the condemnation parcels as to the compensation to be paid for the acquisition of the parcels; and WHEREAS, IDOT has filed a Complaint For Condemnation in the case of The Department of Transportation of the State of Illinois v. DREF Grove, L.L.C., Village of Buffalo Grove, et al., Case No. 17 ED 12; and WHEREAS, the Village was made a defendant in the case "by reason of Document No. 246007" which is the Lake County recording number for Village of Buffalo Grove Resolution No. 86-44 which approved an agreement for the construction, maintenance and operation of a traffic signal at the Illinois Route 83 entrance to the High Point Plaza, which traffic signal will be replaced by IDOT, and WHEREAS, the Village approved an Intergovernmental Agreement with Cook County concerning the Lake Cook Road construction which Agreement provides that the new traffic signal will be installed by Cook County at the County's cost. WHEREAS, since the Village would not assert any claim to receive any portion of the compensation to be paid in Case No. 17 ED 12 the Village has determined to execute the Disclaimer of Interest in Just Compensation Award is is attached hereto as Exhibit "A". 11 a al M KIM" 11,111XV111 �4[8183 INE15.1101 13111111.11 114 a U1.111LUICNI, III JUSI —■xnI#11 IS-6 hereto) in the case of The Department of Transportation of the State of Illinois v. DREF Grove, L. L. C., Village oj*Buftalo Grove, et al., Case No. 17 ED 12. AYES: 5 — Berman, Trilling, Stein, Ottenheimer, Jolmsmi NAVES: 0 - None ABSENT: I - Weidenfeld PASSED: Rule M 2017. APPROVED: .[Line M 2017. Janet M.S i i-ab i a ii, Village Clerk N APPROVED: Beverly S�j #1;mn.. Village President IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT LAKE COUNTY, ILLINOIS THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF ILLINOIS, for and on behalf of the People of the State of Illinois, E NO, Plaintiff, Job No.: R-90-017-14 V, Bond Drug Company; Walgreen Co.; Chicago Title Land Trust Company as successor to LaSalle National Bank, as Trustee under trust agreement dated September 18, 1985 and known as Trust No. 110308, or its successor and assigns; Village of Buffalo Grove, by reason of Document No. 246007; Non -Record Claimants and Unknown Owners, Generally, , RMIMMIEW Parcel Nos.: OKR 0010 A OKR 0010 B ONE 0010 TE-A ONR 0010 TE-B ORR 0010 TE-C JURY DEMAND This disclaimer and waiver of interest in the just compensation award is being executed by the Village of'Butfalu Grove and hereby affirms that the Village of Buffalo Grove received suturnons and a copy of the Complaint in Case No, 17 FD 12. Thereafter, the Village of Buffalo Grove determined that it WOLltd not assert any claim to receive any portion of the compensation to be paid in Case No. 17 ED 12. Accordingly, the Village of Buffalo Grove hereby executes this Disclaimer to confirm that it disclaims any and all interest in the real estate interest acquired or to be acquired by Plaintiff. the Department of Transportation ("ID01'") and disclaims any and all right to receive any just compensation to be paid for IDOT's acquisition of the real estate interest(s) which are the subject of the lawsuit filed as Case No. 17 ED 12 and which are described in the Complaint to Condemn as Parcel Nos. OKR 0010 A, OKR 0010 B, OKR 0010 TE-A, OKR 0010 TE-13 and 0KR_ 0010 TE-C and attached hereto as Exhibits A through E. Further, the Village of Buffalo Grove hereby disclaims any just compensation related to damages to the remainder due to the takings of Parcel Nos, OKR 0010 A, OKR 0010 B, OKR 0010 TE-A, OKR 0010 TE-13 and OKR 0010 TE-C that might awarded in the above captioned lawsuit. Further, the Village of Buffalo Grove hereby waives notice of any future hearings, stipulations, motions or trial in the above captioned case and waives notice and consents to any future hearings to such funds and consenting to the entry of such orders instanter, This disclaimer is signed after review with legal counsel on this 1 q4k day of :1-("x e- MM Village of Buffalo Grove 11 - Bv: I AN- L Its ALI(IIOT-i/.ek Date: Lt h C) / 1-7 Route : Lake -cook Road (PAN 0379) Section: 13-A5015-02-EG County - Lake Job No.: R-90-017-14 Parcel 0KR0010-A Sta. 319+53,86 To Sta. 323+27.44 That part of Lot I in Buffalo Grove Center Resubdivision of Lot 1, being a resuhdiviz;ion of Buffalo Grove Center Subdivision in the South Half of Section 33, Township 43 North, Range 11 East of the Third Principal Meridian, according to the plat of said resubdivision recorded December 29, 1983 as document =mber 2258952, in Lake County, Illinois, described as follows: Beginning at the most southerly corner ❑f said Lot 1; thence on an Illinois. Coordinate System HAD 83(2007) East Zone bearing of North 0 degrees 02 minutes 06 seconds West along the west line of said Lot J, a distance of 26.70 feet; thence easterly 165.34 feet along a curve to the right having a radius of 2367.83 feet, the chord of said curve bears North 80 degrees 21 minutes 28 seconds East, 165.31 feet; thence North 87 degrees 53 minutes 19 seconds East, a distance of 214.90 feet to the east line of said Lot 1; thence South 4 degrees 03 minutes 32 seconds West along the at line of said Lot 1, a distance of 15.22 feet to the southeast corner of Lot 1, thence westerly 379.99 feet (378.57 feet, recorded) along the southerly line of said Lot 1 on a curve to the left having a radius of 2341.83 feet, the chord of said curve bears South 82 degrees 52 minutes 04 seconds Rest, 3,79.57 feet to the Point Of beginning. Said parcel containing 0,193 acre, more or less, EXHIBIT A Route ; Lake -Cook Road (PAC 0379) Section: 13-A5015-02-EG County : Lake Job No.: R-90-017-14 Parcel OKROOIO-B Sta. 1098+83.38 To Sta. 1102+21.23 Index No. 15-33-301-020 15-33-301-021 15-3 3- 3 01-, 029 That part of Lot 1 in Buffalo Grove Center Resubdivision of Lot 1, being a resubdivision of Buffalo Grove Center Subdivision in the South Half of Section 33, Township 43 North, Range 11 East of the Third Principal Meridian, according to the plat of said resubdivision recorded December 29, 1983 as document number 2258952 and that part of Lot I in High Point Plaza Subdivision, being a resubdivision of part of Lot 12 in Buffalo Grove Manor in the Southwest Quarter of Section 33, Township 43 North, Range 11 East of the Third Principal Meridian, according to the plat of said High Point Plaza Subdivision recorded March 14, 1.90.6 as document number 2426490, in Lake County, Illinois, described as follows: Beginning at the most westerly southwest corner of Lot I in said Buffalo Grove Center Res division of Lot 1; thence on an Illinois Coordinate System NAD 83(2007) East Zone bearing of North 9 degrees 16 minutes 42 seconds West along the westerly line of Lot I in said Buffalo Grove Center Res division of Lot 1, a distance of 281.16 feet (281.26 feet, recorded) to the northwest corner of said Lot 1, thence North 89 degrees 56 minutes 55 seconds East along the north line of Lot 1 in said Buffalo Grove Center Res division of Lot 1, a distance of 1.01 feet to the southwest corner of Lot I in said High Point Plaza Subdivision; thence North 9 degrees 16 minutes 42 seconds West along the westerly line of Lot I in said High Point Plaza Subdivision, a distance of 56.85 feet; thence North 80 degrees 43 minutes 31 seconds East, a distance of 6.51 feet; thence South 9 degrees 16 minutes 29 seconds East, a distance of 24.23 feet; thence North 80 degrees 43 minutes 31 seconds East, a distance of 4.50 feet; thence South 9 degrees 16 minutes 29 seconds East, a distance of 98.95 feet; thence South 80 degrees 40 minutes 20 seconds West, a distance of 4.00 feet; thence South 9 degrees 16 minutes 29 seconds East, a distance of 214.66 feet to a southerly line of Lot 1 in said Buffalo Grove Center Res division of Lot 1; thence South 90 degrees 43 minutes 18 seconds West along a southerly line of Lot 1 in said Buffalo Grove Center ResubdIvision of Lot 1, a distance of 7.99 feet to the point of beginning, Said parcel containing 0.070 acre, more or less, RECEIVED EXHIBIT SFP 2014 PLATS & LEGALS Route " Lake -Cook Road (FAU 0379) Section: 13-A50I5-02-EG County : Lake Job No.: R-90-017-14 Parcel OKROO10T.E.-A Ste, 319+59.12 To Ste. 323+29,46 Index No, 15-33-301-020 That part of Lot I in Buffalo Grove Center Resubdivision of Lot 1, being a resubdivision of Buffalo Grove Center Subdivision in the South Half of Section 33, Township 43 North, Range 11 East of the Third Principal Meridian, according to the plat of said resubdivision recorded December 29, 1983 as document number 2258952, in Lake County, Illinois, described as follows; Commencing at the most southerly corner of said Lot 1; thence on an Illinois Coordinate System N_kD 83(2007) East Zone bearing of North 0 degrees 02 minutes 06 seconds West along the west line of said Lot 1, a distance of 26.70 feet to the point of beginning, thence easterly 165.34 feet along a curve to the right having a radius of 2367.83 feet, the chord of said curve bears North 80 degrees 21 minutes 28 seconds East, 165.31 feet; thence North 87 degrees S3 minutes 19 seconds East, a distance of 214.90 feet to the east line of said Lot 1; thence North 4 degrees 03 minutes 32 seconds East along the east line of said Lot 1, a distance of 18.48 feet; thence westerly 45.29 feet along a curve to the left having a radius of 2370.83 feet, the chord of said curve bears South 87 degrees 01 minute 21 seconds West, 45.29 feet, thence South 0 degrees 45 minutes 11 seconds East, a distance of 6.54 feet; thence North 90 degrees 00 minutes 00 seconds West, a distance of 70.56 feet; therice South 2 degrees 15 minutes 45 seconds East, a distance of 6.34 feet; thence South 87 degrees 53 minutes 19 seconds West, a distance of 67.34 feet; thence North 74 degrees 40 minutes 37 seconds West, a distance of 56.30 feet; thence westerly 57.35 feet along a curve to the left having a radius of 2389.83 feet, the chord of said curve bears South 81 degrees 11 minutes 31 seconds West, 57.35 feet, thence South 7 degrees 26 minutes 08 seconds West, a distance of 13.59 feet; thence westerly 42,71 feet along a curve to the left having a radius of 2376.83 feet, the chord of said curve bears South 79 degrees 53 minutes 40 seconds West, 42.71 feet; thence North 85 degrees 09 minutes 38 seconds West, a distance of 39.94 feet to the wesr-- line of said Lot 1; thence South 0 degrees 02 minutes 06 seconds East, a distance of 20.37 feet to the point of beginning, said temporary easement containing 0.099 acre, more or less. Said temporary easement to be used for construction purposes, RECEIVED EXHIBIT SEP 0'3 2014 - PLATS A LEGALS ro Route ; Lake -Cook Road (END 0379) Section: 13-A5015-02-20 County : Lake Job No.: R-90-017-14 Parcel 0RR0010T.B.-B . "ta S 1098+83.38 To Sta. 1101+85.55 Index No. 15-33-301-020 15-33-301-021 15-33-301-029 That part of Lot 1 in Buffalo Grove Center Rea division of Lot 1, being a resubdivision of Buffalo Grove Center Subdivision in the South Half of Section 33, Township 43 North, Range 11 East of the Third Principal Meridian, according to the plat of said resuhdivision recorded December 29, 1983 as document number 2258952 and that part of Lot I in High Point Plaza Subdivision, being a resubdivision of part of Lot 12 in Buffalo Grove Manor in the Southwest Quarter of Section 33, Township 43 North, Range 11 East of the Third Principal Meridian, according to the plat of said High Point Plaza Subdivision recorded March 14, 1986 as document number 2426490, in Lake County, Illinois, described as follows: Commencing at the most westerly southwest corner of Lot 1 in said Buffalo Grove Center esubdivision of Lot 1; thence on an Illinois Coordinate System MAN 83(2007) East Zone bearing of North 9 degrees 16 minutes 42 seconds West along the westerly line of Lot I in said Buffalo Grove Center Resubdivision of Lot 1, a distance of 281.16 feet (281.26 feet, recorded) to the northwest corner of said Lot 1; thence North 89 degrees 56 minutes 55 seconds East along the north line of Lot 1 in said Buffalo Grove Center Res division of Lot 1, a distance of 1.01 feet to the southwest corner of Lot I in said High Point Plaza Subdivision; thence North 9 degrees 16 minutes 42 seconds West along the westerly line of Lot I in said High Point Plaza Subdivision, a distance of 56.85 feet; thence Nort- So degrees 43 minutes 31. seconds East, a distance of 6.51 feet; thence South .9 degrees 16 minutes 29 seconds East, a distance of 24.23 feet; thence North 80 degrees 43 minutes 31 seconds East, a distance of 4.50 feet; thence South 9 degrees 16 minutes 29 seconds East, a distance of 11,45 feet to the point of beginning; thence continuing South 9 degrees 16 minutes 29 seconds East, a distance of 87.50 feet; thence South 80 degrees 40 minutes 20 seconds West, a distance of 4.00 feet; thence South 9 degrees 16 minutes 29 seconds East, a distance of 214.66 feet to a southerly line of Lot I in said Buffalo Grove Center Resubdivisjon of Lot 1;_ thence North 80 degrees 43 minutes 18 seconds East along a southerly line of Lot 1 in said Buffalo Grove, Center Resubdivision of Lot 1, a distance of 3,00 feet; thence North 9 degrees 16 minutes 29 seconds West, a distance of 186.43 feet; thence North 80 degrees 43 minutes 31. seconds East, a distance of 22.67 feet; thence North 1 degree 05 minutes 34 seconds West, a distance of 103.27 feet; thence North 78 degrees 53 minutes 13 seconds West, a distance of 38.80 feet to the (Continued) RECEIVED EXH1131 I SEP 0 '3 2014 m�j FLATS A LEGALS Rxute . Lake -Cook Road (PAN 0379) Section: 13-A5015-02-BG County : Lake Job No,: R-90-017-14 Parcel OKROOIOT.E.-B Sta, 1098+83.38 To Sta, 1101+85.55 Index No. 15-33-301-020 15-33-301-021 15-33-301-029 Said temporary easement containing 0.089 acre, more or less. . . . . . . . . . . . . . . . . . . . . . . . . . . ....... .... I ...... .... I ...... .... . I ...... .... I I ...... .... ... I ...... .... .... I ...... .... ...... Route : Lake -Cook Road (FAU 0379) Section: 13-ASOIS-02-EG County : Lake Job No.: R-90-017-14 Parcel 0KR0010T.E.-C Sta. 1104+25.00 To Ste. 1104+58.85 That part of Lot 1 in High Point Plaza Subdivision, being a resubdivision of part of Lot 12 in Buffalo Grove or in the Southwest Quarter of Section 33, Township 43 North, Range 11 East of the Third Principal Meridian, according to the plat of said High Point Plaza Subdivision recorded March 14, 1986 as document number 2426490, in Lake County, Illinois, described as follows, Beginning at the northwest corner of said Lot 1; thence on an Illinois Coordinate System NAD 83(2007) East zone bearing of North 89 degrees 54 minutes 50 seconds East along the north line of said Lot 1, a distance of 10.16 feet; thence South 9 degrees 16 minutes 29 seconds East, a distance of 32.23 feet; thence South 80 degrees 43 minutes 31 seconds West, a distance of 10.03 feet to the westerly line of said Lot 1; thence North 9 degrees 16 minutes 42 seconds West along the westerly line of said Lot 1, a distance of 33.85 feet to the point of beginning. Said temporary easement containing 0,008 acre, more or less, or 331 square feet, more or less. said temporary easement to be used for construction purposes. EXHIBIT