TRANSMITTAL LETTER FOR BOARD MEETING OF SEPTEMBER 4, 2014
COMMITTEE ON REAL ESTATE
Mr. David St. Pierre, Executive Director
Title
Authority to amend easement agreement dated February 7, 2002, between the District and the United States Army Corps of Engineers, to allow an expanded uniform use throughout the easement premises located on Main Channel Parcels 18.03, 19.01, 19.02, & 19.04 near 135th Street in Romeoville, Will County, Illinois, related to the operation and maintenance of electronic nuisance species barriers. Consideration shall be $10.00.
Body
Dear Sir:
On February 7, 2002, the District's Board of Commissioners granted an easement to the United States Army Corps of Engineers ("Corps") on District real estate located north of the 135th Street Bridge in Romeoville, Will County, Illinois, and known as Main Channel Parcel 19.04. The easement authorized the Corps to use this parcel of land to construct, operate and maintain the electronic nuisance species barriers, to store and remove equipment and supplies, and to erect and remove temporary structures located thereon. Consideration was a nominal fee of $1.00. Since 2002, the easement has been amended to allow installation of fencing and signage on Parcel 19.04, and to include additional parcels of District real estate known as Main Channel Parcels 18.03, 19.01, and 19.02 for that same limited purpose. The easement, as extended, expires May 31, 2017.
The Corps is planning to construct a new permanent barrier at this location, and has requested that the current permitted uses under the easement agreement be expanded so that all of these parcels subject to the easement be used to the same extent as Parcel 19.04, and for the additional use of constructing permanent structures related to the operation of the aquatic nuisance barrier. An amendment to the easement is therefore recommended.
The District's technical departments have no objections to the requested amendment to the easement. A nominal fee of $10.00 is recommended as is customary with governmental entities that use District property for public purposes.
It is requested that the Executive Director recommend to the Board of Commissioners that it grant an amendment to the easement agreement dated February 7, 2002, between the District and the United States Army Corps of Engineers to allow an expanded uniform use throughout the easement premises located on Main Channel Parcels 18.03, 19.01, 19.02, & 19.04 near 135th Street in Romeoville, Will County, Illinois, related to the operation and maintenance of electronic nuisance species barriers. Consideration shall be $10.00.
It is also 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 said amendment to easement agreement after it is approved by the General Counsel as to form and legality.
Requested, Ronald M. Hill, General Counsel, RMH:STM:CMM:vp
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 September 4, 2014
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