TRANSMITTAL LETTER FOR BOARD MEETING OF JULY 10, 2014
COMMITTEE ON REAL ESTATE
Mr. David St. Pierre, Executive Director
Title
Authority to execute a Stipulation to Dismiss in the lawsuit entitled Northern Will County Water Agency, et al. v. American Lake Water Company, et al., Case No. 14 ED 33, filed in the Circuit Court of Will County, Illinois
Body
Dear Sir:
The District has been named as an interested party in the subject condemnation lawsuit. A condemnation action was filed by the Northern Will County Water Agency ("Will County Water") involving the condemnation of a water system against American Lake Water Company ("American Lake") and others, including the District, as the landowner upon which the water system is located. The water system is located on District real estate and is under easement to American Lake under a 50-year easement granted to it by the District from 1999 through 2049 ("Easement"). The annual rent under the Easement is $96,738.88.
Will County Water has requested that the District sign a Stipulation to Dismiss whereby the District consents to the transfer to Will County Water of American Lake's Easement rights. Will County Water will comply with all terms of the Easement, including its obligation to pay rent. It is recommended that the District enter into such Stipulation to Dismiss as it is in its best interests to be dismissed out of the lawsuit while the Easement will still be in effect. The transfer of the Easement is subject to the approval of the court.
It is requested that the Executive Director recommend to the Board of Commissioners that it authorize the execution of the Stipulation to Dismiss in the lawsuit entitled Northern Will County Water Agency, et al. v. American Lake Water Company, et al., Case No. 14 ED 33, filed in the Circuit Court of Will County, Illinois.
It is further requested that the Executive Director recommend to the Board of Commissioners that it authorize and direct the Chairman of the Committee on Finance and the Clerk to execute the Stipulation to Dismiss after it is approved by the General Counsel as to form and legality.
Requested, Ronald M. Hill, General Counsel, RMH:SM:ss
Recommended, David St. Pierre, Executive Director
Respectfully Submitted, Mariyana T. Spyropoulos, Chairman Committee on Real Estate Development
Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for July 10, 2014