IN THE CIRCUIT COURT OF THE EI...
IN THE CIRCUIT COURT OF THE EI...
IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT DUPAGE COUNTY, ILLINOIS THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF ILLINOIS, FOR AND ON BEHALF OF THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff, v. NAPERVILLE SUPERMARKET EXCHANGE, L.L.C., AS DELAWARE LIMITED LIABILITY COMPANY AS SIGNATORY TRUSTEE OF NAPERVILLE SUPERMARKET DST, A DELAWARE STATUTORY TRUST; PARKWAY BANK AND TRUST COMPANY; NEW ALBERTSONS, L.P.; JEWEL FOOD STORES, INC., A OHIO CORPORATION; AND UNKNOWN OWNERS AND NON-RECORD CLAIMANTS, generally, Defendants Case No. 2026ED000001 Condemnation Parcels: 1P50006 1P50006 TE-A 1P50006 TE-B Job No. R-91-024-19 PLAINTIFF DEMANDS TRIAL BY JURY PUBLICATION NOTICE The requisite Affidavit for Service by Publication having been filed, notice is hereby given to you, NAPERVILLE SUPERMARKET EXCHANGE, L.L.C., AS DELAWARE LIMITED LIABILITY COMPANY AS SIGNATORY TRUSTEE OF NAPERVILLE SUPERMARKET DST, A DELAWARE STATUTORY TRUST; PARKWAY BANK AND TRUST COMPANY; NEW ALBERTSONS, L.P.; JEWEL FOOD STORES, INC., A OHIO CORPORATION and UNKNOWN OWNERS AND NON-RECORD CLAIMANTS, generally, in this cause, that the Illinois Department of Transportation has filed its Complaint For Condemnation in the Circuit Court of the Eighteenth Judicial Circuit in DuPage County, Illinois, for condemnation pursuant to the eminent domain laws of the State of Illinois, of the lands and premises in the Complaint situated in DuPage County, State of Illinois, to wit: EXHIBIT A Route: US34/ Ogden Avenue Section: County: DuPage Job. No.: R-91-024-19 Parcel No: 1P50006 Station: 610+45.98 to 610+84.89 Index No.: 07-22-201-011 That part of Lot 5 in Sonya's Subdivision, being a Subdivision of part of the East Half of Section 22, Township 38 North, Range 9 East of the Third Principal Meridian, in DuPage County, Illinois recorded on March 23, 1994, as document number R94-69987. Said parcel, bearings and distances based on the Illinois State Plane Coordinate System East Zone, NAD83 (2011 Adjustment), with a combined factor of 0.999931912, more particularly described as follows: Commencing at the southwest corner of said Lot 5 and the north right of way line of Feldott Lane, dedicated per document R94-69987, March 23, 1994; thence South 89 degrees 29 minutes 15 seconds East, along the south line of said Lot 5 and the north right of way line of said Feldott Lane, 121.57 feet to the Point of Beginning; thence North 53 degrees 31 minutes 57 seconds East, 38.24 feet; thence northeasterly 13.00 feet along a curve to the left having a radius of 1362.40 feet, the chord of said curve bears North 01 degrees 04 minutes 25 seconds East, 13.00 feet; thence South 89 degrees 29 minutes 15 seconds East, 10.00 feet to the west right of way line of Ogden Avenue, said right of way line heretofore dedicated March 23, 1994 per document number R94-069987; thence southwesterly 36.01 feet along a curve to the right having a radius of 1372.40, the chord of said curve bears South 01 degrees 32 minutes 59 seconds West, 36.01 feet, said curve being the west right of way line of said Ogden Avenue and the east line of said Lot 5 to the north right of way line of said Feldott Lane and the south line of said Lot 5; thence North 89 degrees 29 minutes 15 seconds West, along said north right of way line and the south line of said Lot 5, 40.02 feet to the Point of Beginning. Said parcel contains 0.016 acres more or less. EXHIBIT B Route: US34/ Ogden Avenue Section: County: DuPage Job. No.: R-91-024-19 Parcel No: 1P50006TEA Station: 610+45.60 to 610+51.56 Index No.: 07-22-201-011 That part of Lot 5 in Sonya's Subdivision, being a Subdivision of part of the East Half of Section 22, Township 38 North, Range 9 East of the Third Principal Meridian, in DuPage County, Illinois recorded on March 23, 1994, as document number R94-69987. Said parcel, bearings and distances based on the Illinois State Plane Coordinate System East Zone, NAD83 (2011 Adjustment), with a combined factor of 0.999931912, more particularly described as follows: Commencing at the southwest corner of said Lot 5; thence South 89 degrees 29 minutes 15 seconds East, 110.57 feet along the south line of said Lot 5 and the north right of way line of Feldott Lane heretofore dedicated per document R94-69987 to the Point of Beginning; thence North 00 degrees 30 minutes 45 seconds East, 4.61 feet to the north line of the Southeast Quarter of Section 22, Township 38 North, Range 9 East; thence North 89 degrees 14 minutes 21 seconds East, 17.65 feet along the north line of said Southeast Quarter; thence South 53 degrees 31 minutes 57 seconds West, 8.32 feet to the south line of said Lot 5 and the north right of way line of said Feldott Lane; thence North 89 degrees 29 minutes 15 seconds West, 11.00 feet along said south line of Lot 5 and the north right of way line of said Feldott Lane to the Point of Beginning. Said parcel contains 68 square feet or 0.002 acres more or less EXHIBIT C Route: US34/ Ogden Avenue Section: County: DuPage Job. No.: R-91-024-19 Parcel No: 1P50006TEB Station: 610+67.08 to 610+84.84 Index No.: 07-22-201-011 That part of Lot 5 in Sonya's Subdivision, being a Subdivision of part of the East Half of Section 22, Township 38 North, Range 9 East of the Third Principal Meridian, in DuPage County, Illinois recorded on March 23, 1994, as document number R94-69987. Said parcel, bearings and distances based on the Illinois State Plane Coordinate System East Zone, NAD83 (2011 Adjustment), with a combined factor of 0.999931912, more particularly described as follows: Commencing at the southwest corner of said Lot 5; thence South 89 degrees 29 minutes 15 seconds East, 121.57 feet along the south line of said Lot 5 and the north right of way line of Feldott Lane heretofore dedicated per document R94-69987; thence North 53 degrees 31 minutes 57 seconds East, 31.90 feet to the Point of Beginning; thence northeasterly 16.81 feet along a curve to the left having a radius of 1357.40 feet, the chord of said curve bears North 01 degrees 09 minutes 22 seconds East, 16.81 feet; thence South 89 degrees 29 minutes 15 seconds East, 5.00 feet to a line 10.00 feet west of and parallel to the west right of way line of Ogden Avenue; thence southwesterly along said parallel line, 13.00 feet along a curve to the right having a radius of 1362.40 feet, the chord of said curve bears South 01 degrees 04 minutes 25 seconds West, 13.00 feet; thence South 53 degrees 31 minutes 57 seconds West, 6.34 feet to the Point of Beginning. Said parcel contains 75 square feet or 0.002 acres more or less. Summons was duly issued out of said court against you as provided by law and such cause is now pending. The aforesaid Complaint for Condemnation is for (a) the full fee simple title to real property designated as Parcel 1P50006 and legally described on Exhibit A; (b) a temporary easement for construction purposes for a period not to exceed five years from the date of vesting of title or until completion of construction operations, whichever occurs first, over, under, across, and upon real property designated as Parcel 1P50006TE-A and legally described on Exhibit B; and (c) a temporary easement for construction purposes for a period not to exceed five years from the date of vesting of title or until completion of construction operations, whichever occurs first, over, under, across, and upon real property designated as Parcel 1P50006TE-B and legally described on Exhibit C, attached hereto and incorporated by reference , sought to be acquired for the purpose of the improvement of improvement of US 34 (Ogden Avenue) at Rickert Drive, a State highway through DuPage County, Illinois. NOW THEREFORE, unless you, the above named defendants, file your appearance in this cause, in the office of the Clerk of the Circuit Court of the Eighteenth Judicial Circuit, 505 N. County Farm Road, Wheaton, IL 60187, on or before the 29th day of May, 2026, default may be entered against you at any time after that day, or the case may be tried at any time after said date, and a judgment entered in accordance with the prayer of said Complaint. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Seal of said Court, this 22nd day of April, 2026. Candace Adams, Clerk of the 18th Judicial Circuit DuPage County, Illinois Name: Cynthia A. Schaupp, Special Assistant Attorney General Attorney for: Plaintiff Address: Walker Wilcox Matousek LLP, One North Franklin Street, Suite 3200 City/State/Zip: Chicago, Illinois 60606 Phone: (312) 244-6700 Atty No.: 6243884 cschaupp@walkerwilcox.com 6212-964310 (329783), posted 04/29/2026
IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT DUPAGE COUNTY, ILLINOIS THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF ILLINOIS, FOR AND ON BEHALF OF THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff, v. NAPERVILLE SUPERMARKET EXCHANGE, L.L.C., AS DELAWARE LIMITED LIABILITY COMPANY AS SIGNATORY TRUSTEE OF NAPERVILLE SUPERMARKET DST, A DELAWARE STATUTORY TRUST; PARKWAY BANK AND TRUST COMPANY; NEW ALBERTSONS, L.P.; JEWEL FOOD STORES, INC., A OHIO CORPORATION; AND UNKNOWN OWNERS AND NON-RECORD CLAIMANTS, generally, Defendants Case No. 2026ED000001 Condemnation Parcels: 1P50006 1P50006 TE-A 1P50006 TE-B Job No. R-91-024-19 PLAINTIFF DEMANDS TRIAL BY JURY PUBLICATION NOTICE The requisite Affidavit for Service by Publication having been filed, notice is hereby given to you, NAPERVILLE SUPERMARKET EXCHANGE, L.L.C., AS DELAWARE LIMITED LIABILITY COMPANY AS SIGNATORY TRUSTEE OF NAPERVILLE SUPERMARKET DST, A DELAWARE STATUTORY TRUST; PARKWAY BANK AND TRUST COMPANY; NEW ALBERTSONS, L.P.; JEWEL FOOD STORES, INC., A OHIO CORPORATION and UNKNOWN OWNERS AND NON-RECORD CLAIMANTS, generally, in this cause, that the Illinois Department of Transportation has filed its Complaint For Condemnation in the Circuit Court of the Eighteenth Judicial Circuit in DuPage County, Illinois, for condemnation pursuant to the eminent domain laws of the State of Illinois, of the lands and premises in the Complaint situated in DuPage County, State of Illinois, to wit: EXHIBIT A Route: US34/ Ogden Avenue Section: County: DuPage Job. No.: R-91-024-19 Parcel No: 1P50006 Station: 610+45.98 to 610+84.89 Index No.: 07-22-201-011 That part of Lot 5 in Sonya's Subdivision, being a Subdivision of part of the East Half of Section 22, Township 38 North, Range 9 East of the Third Principal Meridian, in DuPage County, Illinois recorded on March 23, 1994, as document number R94-69987. Said parcel, bearings and distances based on the Illinois State Plane Coordinate System East Zone, NAD83 (2011 Adjustment), with a combined factor of 0.999931912, more particularly described as follows: Commencing at the southwest corner of said Lot 5 and the north right of way line of Feldott Lane, dedicated per document R94-69987, March 23, 1994; thence South 89 degrees 29 minutes 15 seconds East, along the south line of said Lot 5 and the north right of way line of said Feldott Lane, 121.57 feet to the Point of Beginning; thence North 53 degrees 31 minutes 57 seconds East, 38.24 feet; thence northeasterly 13.00 feet along a curve to the left having a radius of 1362.40 feet, the chord of said curve bears North 01 degrees 04 minutes 25 seconds East, 13.00 feet; thence South 89 degrees 29 minutes 15 seconds East, 10.00 feet to the west right of way line of Ogden Avenue, said right of way line heretofore dedicated March 23, 1994 per document number R94-069987; thence southwesterly 36.01 feet along a curve to the right having a radius of 1372.40, the chord of said curve bears South 01 degrees 32 minutes 59 seconds West, 36.01 feet, said curve being the west right of way line of said Ogden Avenue and the east line of said Lot 5 to the north right of way line of said Feldott Lane and the south line of said Lot 5; thence North 89 degrees 29 minutes 15 seconds West, along said north right of way line and the south line of said Lot 5, 40.02 feet to the Point of Beginning. Said parcel contains 0.016 acres more or less. EXHIBIT B Route: US34/ Ogden Avenue Section: County: DuPage Job. No.: R-91-024-19 Parcel No: 1P50006TEA Station: 610+45.60 to 610+51.56 Index No.: 07-22-201-011 That part of Lot 5 in Sonya's Subdivision, being a Subdivision of part of the East Half of Section 22, Township 38 North, Range 9 East of the Third Principal Meridian, in DuPage County, Illinois recorded on March 23, 1994, as document number R94-69987. Said parcel, bearings and distances based on the Illinois State Plane Coordinate System East Zone, NAD83 (2011 Adjustment), with a combined factor of 0.999931912, more particularly described as follows: Commencing at the southwest corner of said Lot 5; thence South 89 degrees 29 minutes 15 seconds East, 110.57 feet along the south line of said Lot 5 and the north right of way line of Feldott Lane heretofore dedicated per document R94-69987 to the Point of Beginning; thence North 00 degrees 30 minutes 45 seconds East, 4.61 feet to the north line of the Southeast Quarter of Section 22, Township 38 North, Range 9 East; thence North 89 degrees 14 minutes 21 seconds East, 17.65 feet along the north line of said Southeast Quarter; thence South 53 degrees 31 minutes 57 seconds West, 8.32 feet to the south line of said Lot 5 and the north right of way line of said Feldott Lane; thence North 89 degrees 29 minutes 15 seconds West, 11.00 feet along said south line of Lot 5 and the north right of way line of said Feldott Lane to the Point of Beginning. Said parcel contains 68 square feet or 0.002 acres more or less EXHIBIT C Route: US34/ Ogden Avenue Section: County: DuPage Job. No.: R-91-024-19 Parcel No: 1P50006TEB Station: 610+67.08 to 610+84.84 Index No.: 07-22-201-011 That part of Lot 5 in Sonya's Subdivision, being a Subdivision of part of the East Half of Section 22, Township 38 North, Range 9 East of the Third Principal Meridian, in DuPage County, Illinois recorded on March 23, 1994, as document number R94-69987. Said parcel, bearings and distances based on the Illinois State Plane Coordinate System East Zone, NAD83 (2011 Adjustment), with a combined factor of 0.999931912, more particularly described as follows: Commencing at the southwest corner of said Lot 5; thence South 89 degrees 29 minutes 15 seconds East, 121.57 feet along the south line of said Lot 5 and the north right of way line of Feldott Lane heretofore dedicated per document R94-69987; thence North 53 degrees 31 minutes 57 seconds East, 31.90 feet to the Point of Beginning; thence northeasterly 16.81 feet along a curve to the left having a radius of 1357.40 feet, the chord of said curve bears North 01 degrees 09 minutes 22 seconds East, 16.81 feet; thence South 89 degrees 29 minutes 15 seconds East, 5.00 feet to a line 10.00 feet west of and parallel to the west right of way line of Ogden Avenue; thence southwesterly along said parallel line, 13.00 feet along a curve to the right having a radius of 1362.40 feet, the chord of said curve bears South 01 degrees 04 minutes 25 seconds West, 13.00 feet; thence South 53 degrees 31 minutes 57 seconds West, 6.34 feet to the Point of Beginning. Said parcel contains 75 square feet or 0.002 acres more or less. Summons was duly issued out of said court against you as provided by law and such cause is now pending. The aforesaid Complaint for Condemnation is for (a) the full fee simple title to real property designated as Parcel 1P50006 and legally described on Exhibit A; (b) a temporary easement for construction purposes for a period not to exceed five years from the date of vesting of title or until completion of construction operations, whichever occurs first, over, under, across, and upon real property designated as Parcel 1P50006TE-A and legally described on Exhibit B; and (c) a temporary easement for construction purposes for a period not to exceed five years from the date of vesting of title or until completion of construction operations, whichever occurs first, over, under, across, and upon real property designated as Parcel 1P50006TE-B and legally described on Exhibit C, attached hereto and incorporated by reference , sought to be acquired for the purpose of the improvement of improvement of US 34 (Ogden Avenue) at Rickert Drive, a State highway through DuPage County, Illinois. NOW THEREFORE, unless you, the above named defendants, file your appearance in this cause, in the office of the Clerk of the Circuit Court of the Eighteenth Judicial Circuit, 505 N. County Farm Road, Wheaton, IL 60187, on or before the 29th day of May, 2026, default may be entered against you at any time after that day, or the case may be tried at any time after said date, and a judgment entered in accordance with the prayer of said Complaint. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Seal of said Court, this 22nd day of April, 2026. Candace Adams, Clerk of the 18th Judicial Circuit DuPage County, Illinois Name: Cynthia A. Schaupp, Special Assistant Attorney General Attorney for: Plaintiff Address: Walker Wilcox Matousek LLP, One North Franklin Street, Suite 3200 City/State/Zip: Chicago, Illinois 60606 Phone: (312) 244-6700 Atty No.: 6243884 cschaupp@walkerwilcox.com 6212-964310 (329783), posted 04/29/2026
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