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HomeMy WebLinkAboutRESOLUTIONS-1991-014-R-91G 1/23/91 14-R-91 A RESOLUTION • Authorizing the City Manager or his Designee to Execute an Agreed Judgment Order for the Purchase of 615 Church Street WHEREAS, prior to February of 1990, negotiations between the City of•Evanston ("City") and the Woman's Club of Evanston ("Woman's Club") for the purchase of 615 Church Street did not result in an agreement; and WHEREAS, the City in February of 1990, filed a Complaint to Condemn said property described as: Parcel 1 The West 40 feet of Lot 11 and Lot 12 except the North Twelve (12) feet of Lot 12 in Block 15 of the Village of Evanston, in the Northeast 1/4 of fractional Section 18, Township 41 North, Range 14 East of the Third Principal Meridian in Cook County, Illinois. Parcel 2 • The West 40 feet of Lot 12 except the South 54 feet of Lot 12 in Block 15 of the Village of Evanston, in the Northeast 1/4 of fractional Section 18, Township 41 North, Range 14 East of the Third Principal Meridian in Cook County, Illinois. (commonly known as 615 Church Street, Evanston, Illinois) PINs: 11-18-208-016; 11-18-208-017; 11-18-208-018; and WHEREAS, further negotiations between the City and the Woman's Club have resulted in a proposed agreement for the purchase of. 615 Church Street by the City for $306,000 subject to the conditions outlined in the proposed Agreed Judgment Order, attached as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Manager of the City of Evanston or his designee be and is hereby • authorized and directed to execute an Agreed Judgment Order, negotiate additional terms as necessary and desirable, and take title to said property at 615 Church Street as described above for the sum of three hundred six thousand dollars ($306,000). 1 14-R-91 SECTION 2: That this Resolution shall be in full force and effect from and after the • date of its passage and approval in the manner provided by law. A, Mayor C] • ATTEST: r City Clerk Adopted: titi 9 , 1991 C K JAN 2. i:29 FROM BURKE AND RYAN AjO112191i A-ck EXHIBIT A IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION • CITY OF EVANSTON, a municipal corporation, U Plaintiff, vs. No. 90 L 50159 THE WOMAN'S CLUB OF EVANSTON etc., et al., Defendants. AGREED JUDGMENT ORDER PAGE.002 This matter coming on to be heard upon the complaint to condemn filed by the.City.of Evanston, (hereinafter referred to.._. as "Plaintiff"), for the ascertainment of .just compensation to be made for the taking by plaintiff for the uses and purposes stated and set forth in the complaint of property described therein (hereinafter referred to as "Subject Property"), and plaintiff appearing by its attorneys, Burke and Ryan, and defendant, appearing by its attorney, Richard Redmond, and the parties • having reached agreement as set forth herein, and the court having jurisdiction of all the parties to this cause, and the subject matter thereof; And all parties interested in the subject property being before the court, and having heard all of the evidence pertaining to the subject ma ter, with all parties defendant agreeing thereto; And rxow, being fully advised in the premises, finds that the amount:'to be paid by plaintiff as final just compensation to the owner or owners and party or parties interested in the subject JAN12 ''9` 11:29 FROM BURKE AND RYAN PAGE.003 property hereinafter described, which plaintiff seeks to acquire as stated in its complaint to condemn filed herein as follows: • To the owner or owners of and party or parties interested in the subject property for the taking of fee simple absolute title to said subject property, the legal description of which is attached hereto and made a part hereof as Exhibit A, as full just compensation to the owner or owners of and party or parties interested in the aforesaid subject property, the sum of Three Hundred Six Thousand Dollars ($306,000.00). The payment of said amount to be paid to the owner or owners of or party or parties interested in said subject property will fully compensate said owner or owners of and party or parties interested for the taking by plaintiff of fee simple absolute title in and to the subject property aforesaid; And the court being full advised in the premises; DOTH CONSIDER, ORDER AND ADJUDGE that the sum of money • herein awarded by the court to the owner or owners of and party or parties interested in said subject property described herein is just compensation to the owner or owners of and party or parties interested therein for the taking of fee simple title in and to the subject property described herein by plaintiff, and judgment is entered accordingly. IT IS FURTHER ORDERED by stipulation of the parties that plaintiff shall deposit with the Treasurer of Cook County within thirty (30) days of the entry of this order, the,sum of Three Hundred Six Thousand Dollars ($306,000.00), and that upon said deposit, fee simple title to and the absolute right to possession --;;h of the entire subject property shall vest in the defendant. PAGE.004 • IT IS FURTHER ORDERED by stipulation of the parties that defendant shall continue to have access from the parking/loading facility on the north portion of the subject property to the public alley on the western border thereof, both during and after construction of the .improvement. IT 1S FURTHER ORDERED by stipulation of the parties that the entry of this ;udgment order shall in no way preclude defendant's right to claim structural damage to its clubhouse, located on the remainder, which results from the construction of the proposed Improvement. IT IS FURTHER ORDERED by stipulation of the parties that defendants shall have the right to remove fixtures and moldings from the 615 Church Street property prior to its demolition. IT IS FURTHER ORDERED by stipulation of the parties that the . defendants waive any right to interest on the award 'herein, prior to deposit. IT 1S FURTHER ORDERED by stipulation of the parties that the defendants waive their rights of appeal in this cause. -1 :0 FROM BURKE AND RYAN PAGE.005 • IT IS FURTHER ORDERED by stipulation of the parties that this court shall retain jurisdiction to enforce all of the terms, provisions and conditions of this Agreed Judgment Order. DATED: City of Evanston By ENTER: AGREED AS TO FORM AND CONTENT: Its Attorneys BURKE AND RYAN #70154 33 North Dearborn Street Suite 402 Chicago., IL 60602 (312) 236-1386 Woman's Club of Evanston By Its Attorneys