TRANSMITTAL LETTER FOR BOARD MEETING OF NOVEMBER 1, 2018
COMMITTEE ON REAL ESTATE
Mr. John P. Murray, Acting Executive Director
Title
Authority to grant an 18-month easement extension to ACBL Transportation Services LLC to continue to traverse Main Channel Parcel 16.04, the District's CSSC Controlling Works area and the District’s temporary low water crossing in unincorporated Lockport, Will County, Illinois. Consideration shall be a $10.00 nominal fee
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Dear Sir:
On October 6, 2016, the Board of Commissioners granted a 30-month, non-exclusive easement to ACBL Transportation Services LLC ("ACBL") to traverse Main Channel Parcel 16.04, the District's CSSC Controlling works area and the District’s temporary low water crossing in unincorporated Lockport, Will County, Illinois. The easement, issued for a $10.00 nominal fee, expires March 31, 2019. The easement was requested because the City of Lockport (“Lockport”) initially placed an 8-ton load limit on the Old 9th Street Bridge (“Bridge”) and then later closed the Bridge.
The Bridge was ACBL’s primary access route to two of its leaseholds: (1) A lease on 16.77 acres of District real estate located at Main Channel Parcels 15.02 and 15.04 in Lockport for barge loading and unloading and operating a petroleum storage facility. The lease commenced June 1, 2015, and expires May 31, 2054. The current annual rent is $150,751.64 and (2) A lease on 22.38 acres of District real estate located at Main Channel Parcel 15.05 in Lockport for barge loading and unloading. This lease commenced January 1, 2016, and expires December 31, 2055. The current annual rent is $62,840.49.
ACBL has requested an 18-month easement extension to continue accessing its leaseholds through this alternate route until the Bridge reconstruction is completed. The Bridge is tentatively scheduled to be reopened in the fall of 2019, but an 18-month extension is requested in case the project is delayed.
The District's technical departments have reviewed this request and have no objections thereto. A nominal fee of $10.00 is recommended as the easement is the only current means of ingress and egress to and from the subject ACBL leaseholds. A waiver of the minimum $5,000.00 fee is therefore recommended.
It is requested that the Acting Executive Director recommend to the Board of Commissioners that it grant an 18-month easement extension to ACBL Transportation Services LLC to continue to traverse Main Channel Parcel 16.04, the District's CSSC Controlling Works area and the District’s temporary low water crossing in unincorporated Lockport, Will County, Illinois. Consideration shall be a $10.00 nominal fee.
It is also requested that the Acting 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 easement extension agreement on behalf of the District after it is approved by the General Counsel as to form and legality.
Requested, Susan T. Morakalis, General Counsel, STM:CMM:nhb
Recommended, John P. Murray, Acting Executive Director
Respectfully Submitted, David J. Walsh, 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 November 1, 2018
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