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HomeMy WebLinkAboutRESOLUTION - 60-78 - 8/8/1978 - STIPULATION/AMEND FINAL JUDGMENT ORDER RESOLUTION NO: 60-78 A RESOLUTION AUTHORIZING THE VILLAGE ATTORNEY TO ENTER INTO A STIPULATION AMENDING THE AGREED FINAL JUDGMENT ORDER IN THE CASE ENTITLED AMERICAN NATIONAL BANK AND TRUST CO. , ET AL, VS. THE VILLAGE OF ELK GROVE VILLAGE, NO. 76 L 19801 (ARVIDSON) BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village , Counties of Cook and Du Page , Illinois , as follows : Section 1: That the Village Attorney is hereby authorized to enter into a stipulation to amend the agreed final judgment order in the case known as American National Bank and Trust Co. , et al, vs. Village of Elk Grove Village, No. 76 L 19801, a copy of said stipulation being attached hereto and incorpoated herein. Section 2 : That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 5 NAYS: 0 ABSENT: 1 APPROVED: Charles J. Zettekj VILLAGE PRESIDENT ATTEST: Eleanor G. Turner VILLAGE CLERK PASSED this 8th day of August , 1978. APPROVED this 8th day of August 1978. IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION AMERICAN NATIONAL BANK & ) TRUST COMPANY, as Trustee ) under Trust Agreement dated ) June 6 , 1968 and known as Trust ) No. 27983, ) Plaintiff, ) VS . ) No. 76 L 19801 VILLAGE OF ELK GROVE VILLAGE, ) a municipal corporation, ) Defendant. ) ORDER AMENDING FINAL JUDGMENT ORDER This cause coming on to be heard upon the Stipulation of the parties this day filed herein: IT IS HEREBY ORDERED AND DECREED, that the Motion of the CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST COMPANY OF CHICAGO, as Trustee under the Will of Harriet Becker Doroshow, Deceased, to amend the Agreed Final Judgment Order entered May 12, 1978 or, in the alternative, to vacate said Order to be withdrawn instanter. IT IS FURTHER ORDERED AND DECREED, that the said Agreed Final Judgment Order shall be and the same is hereby amended by adding to the last page thereof, the following: "IT IS HEREBY FURTHER ORDERED, ADJUDGED AND DECREED, anything in said Agreed Final Judgment Order to the contrary notwithstanding, that in no event shall the CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST COMPANY OF CHICAGO, as Trustee under the Will of Harriet Becker Doroshow, deceased, and each and every of the beneficiaries thereunder, their successors and assigns , be under any individual or personal liability with respect to any of the covenants or agreements by the parties to said Agreed Final Judgment Order to be kept and performed and the Village IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION AMERICAN NATIONAL BANK & ) TRUST COMPANY, as Trustee ) under Trust Agreement dated ) June 6, 1968 and known as ) Trust No. 27983, ) Plaintiff, ) VS . ) No. 76 L 19801 VILLAGE OF ELK GROVE VILLAGE, ) a municipal corporation, ) Defendant. ) STIPULATION It is hereby agreed and stipulated by and between the parties hereto that the motion heretofore made by the Continenta_ Illinois National Bank and Trust Company of Chicago, as Trustee under the Will of Harriet Becker Doroshow, deceased to amend or vacate the Agreed Final Judgment Order entered May 12 , 1978 be withdrawn. It is further agreed and stipulated that an Order be entered by the Court granting leave to amend and amending said Agreed Final Judgment Order substantially in the form of the Order attached hereto. Attorneys for the AMERICAN NATIONAL BANK & TRUST COMPANY, as Trustee under Trust Agreement dated June 6, 1968 and known as Trust No. 27983 Attorneys for the Village of Elk Grov= Village, a municipal corporation Attorneys for CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST COMPANY OF CHICAGO, as Trustee under the Will of Harriet Becker Doroshow, Deceased of Elk Grove Village and all parties claiming by, through or under it, hereby agree to look only to their share of the beneficial interest in the Land Trust described as American National Bank & Trust Company Trust No. 27983 in case of any default for which they or either of them or said beneficiaries would otherwise be liable. " 19"3 ENTER: Ju'ge -2-