TRANSMITTAL LETTER FOR BOARD MEETING OF OCTOBER 15, 2020
COMMITTEE ON STORMWATER MANAGEMENT
Mr. Brian A. Perkovich, Executive Director
Title
Authority to approve, execute, and make payment to Aspire of Illinois for permanent and temporary easements located at 9901 Derby Lane in Westchester, Illinois in connection with the Addison Creek Channel Improvements Project (Contract 11-187-3F). Consideration shall be a one-time fee of $11,000.00, Account 501-50000-667340, Stormwater Management Fund
Body
Dear Sir:
On August 6, 2015, the Board of Commissioners (“Board”) adopted Ordinance No. R15-006 establishing the right-of-way for the construction, operation and maintenance of the Addison Creek Channel Improvement Project located in the municipalities of Northlake, Stone Park, Melrose Park, Bellwood, Westchester, and Broadview (Contract 11-187-3F) (“Project”). Ordinance R15-006 was subsequently amended by Ordinances R15-007, R18-003, R19-002, and R20-001 to include additional right-of-way needed for the Project. Said Ordinances authorized and directed the Executive Director to negotiate with the respective owners to acquire fee simple title or such lesser interests, as appropriate, in and to the real estate described in the Ordinances.
On September 6, 2018, the Board authorized the District to enter into intergovernmental agreements with the City of Northlake, Village of Stone Park, Village of Melrose Park, Village of Bellwood, Village of Westchester, and Village of Broadview for the Project. The proposed channel improvements are broken down into nine reaches along approximately 15,300 linear feet of Addison Creek beginning at Hirsch Street in the City of Northlake and continuing to Cermak Road in the Village of Broadview. The Addison Creek channel improvements, along with the proposed Addison Creek Reservoir, will provide flood reduction benefits to approximately 2,200 properties.
The Project requires permanent and temporary easements on the property commonly known as 9901 Derby Lane in Westchester, Illinois. The property is owned by Aspire of Illinois and is improved with a two-story office building; however, the easements for the channel improvements are located in or adjacent to the Addison Creek and will not impact the building. The permanent easement is approximately 10,231± square feet and is located within a designated flood hazard area and a regulatory floodway. The temporary easement is approximately 1,205± square feet and is needed for access during construction.
The District and the property owner have reached an agreement regarding the compensation to be paid for the permanent and temporary easements in the amount of a one-time fee of $11,000.00. It is the opinion of the General Counsel and Special Counsel, Neal & Leroy, LLC, that this amount is within the range of value for the subject property based on the fair market value appraisal obtained by the District. Settlement of this matter will also save the District substantial costs that would otherwise be required to proceed to contested litigation, including legal fees, expert witness fees, and court costs.
It is requested that the Executive Director recommend to the Board that it accept and approve the permanent and temporary easement grant from the property owner in connection with the captioned project and authorize payment to the owner in the amount of $11,000.00 as compensation for the easements.
It is further requested that the Executive Director recommend to the Board that the Chairman of the Committee on Finance and Clerk be authorized and directed to execute any documents necessary in connection with the subject easements after they are approved by the Director of Engineering as to technical matters and by the General Counsel as to form and legality.
Funds are available in Account 501-50000-667340.
Requested, Susan T. Morakalis, General Counsel and Catherine A. O’Connor, Director of Engineering; STM:CAO:EMA:BJD:CN
Recommended, Brian A. Perkovich, Executive Director
Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for October 15, 2020
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