TRANSMITTAL LETTER FOR BOARD MEETING OF OCTOBER 15, 2020
COMMITTEE ON REAL ESTATE
Mr. Brian A. Perkovich, Executive Director
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Authority to pay final just compensation in the amount of $7,924.80 to acquire permanent and temporary easements on the property commonly known as 212-238 South 31st Avenue in Bellwood, Illinois, through summary judgment in the eminent domain lawsuit entitled The Metropolitan Water Reclamation District of Greater Chicago v. Sunrise Builders Inc., et al., Case No. 20L050075 in the Circuit Court of Cook County, Illinois, Account 501-50000-667340
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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 the acquisition of permanent and temporary easements on the property commonly known as 212-238 South 31st Avenue in Bellwood, Illinois. The permanent easement measures approximately 28,077 square feet and the temporary easement measures approximately 3,948 square feet. There are no improvements in the easement area and the entire property is located in a regulated flood hazard area and regulatory floodway. The temporary and permanent easement areas are necessary for construction of the channel improvements, and the permanent easement area is necessary for future periodic maintenance.
The record owner of the property, Sunrise Builders Inc., is a corporation that has been dissolved for over 20 years. The owner never responded to the District’s offer to acquire the easements and the District filed its condemnation lawsuit on January 29, 2020. The owner has not filed an appearance in the pending condemnation proceeding; as a result, the District must file a motion for summary judgment to acquire the permanent and temporary easements through the court. It is the opinion of the General Counsel and Special Counsel, Neal & Leroy, LLC, that the amount of $7,924.80 is within the range of value for the easements based on comparable land values. The property has no structures or improvements, so no relocation costs are anticipated.
Accordingly, it is requested that the Executive Director recommend to the Board of Commissioners that it adopt the following orders:
1. That the Board authorize payment of final just compensation in the amount of $7,924.80 to acquire permanent and temporary easements on the property commonly known as 212-238 South 31st Avenue in Bellwood, Illinois, through summary judgment in the eminent domain lawsuit entitled The Metropolitan Water Reclamation District of Greater Chicago v. Sunrise Builders Inc., et al., Case No. 20L050075 in the Circuit Court of Cook County, Illinois; and
2. That the General Counsel be authorized and directed to execute and deliver all other documents and take such other actions as may be necessary to effectuate said summary judgment and to attain possession of said property.
Requested, Susan T. Morakalis, General Counsel and Catherine A. O’Connor, Director of Engineering; STM:CAO:EMA:BJD:CN:nm
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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