Metropolitan Water Reclamation District of Greater Chicago - File #: 08-1255

• File #: 08-1255
• Version: 1
• Type: Report
• Status: Filed
• File created: 5/29/2008
• In control: Real Estate Development Committee
• On agenda: 6/5/2008
• Final action: 6/5/2008
• Title: Report to the Board of Commissioners on intent to commence eminent domain procedures against Metra to acquire a 250-foot right-of-way near Lake Shore Drive and Pershing Road in connection with the 39th Street Conduit Rehabilitation Project, Contract 01-103-2S

Date	Ver.	Action By	Action	Result
6/5/2008	1	Committee of the Whole	Deferred
6/5/2008	1	Board of Commissioners	Published and Filed	Pass

TRANSMITTAL LETTER FOR BOARD MEETING OF JUNE 5, 2008

COMMITTEE ON REAL ESTATE

Mr. Richard Lanyon, General Superintendent

Title

Report to the Board of Commissioners on intent to commence eminent domain procedures against Metra to acquire a 250-foot right-of-way near Lake Shore Drive and Pershing Road in connection with the 39^th Street Conduit Rehabilitation Project, Contract 01-103-2S

Body

Dear Sir:

On June 1, 2006, the District passed an ordinance establishing the right-of-way for the construction, operation, maintenance, and rehabilitation of the 39^th Street Conduit Rehabilitation Phase I Bypass Tunnel, Contract 01-103-2S in parts of Sections 32, 33, and 34, Township 39 North, Range 14 East, and also Sections 3, 4, and 5, Township 38 North, Range 14 East of the Third Principal Meridian in Cook County, Illinois.  Approximately 15,200 feet of subterranean tunnel, 6 dropshafts, 1 construction shaft, and various connecting sewers and structures will be built to accommodate the rehabilitation of the existing 20-foot diameter intercepting sewer known as the 39^th Street Conduit.  Said ordinance was amended on April 17, 2008, to add additional tracts of real estate.

The tunnel will run generally along 39^th Street (Pershing Road) beginning at South Lake Park Avenue and proceeding westerly to South Racine Avenue in the City of Chicago.

The right-of-way acquisition activity for the rehabilitation project has been ongoing over the past year.  The Engineering Department desires to acquire each of the necessary rights-of-way for the facilities prior to advertising the construction contract and accepting bids.  Staff has been negotiating with the individual landowners along 39^th Street to acquire the necessary easements, grants, and other rights-of-way required for the project:

One such landowner staff has been attempting to negotiate with is Metra.  A temporary easement under Metra’s railroad tracks at Lake Shore Drive and Pershing Road is necessary for the temporary re-routing of a sewer line during the project duration.

Metra is unwilling to grant the District the 7-year easement it requested to re-route the sewer line under its tracks and has instead stated that it can only offer a 1-year license or a 30-year easement for a fee of $139,000.00.  Because these terms proposed by Metra do not allow the District to administer the contract for the conduit rehabilitation project and the fee is unjustified, the District is left with no other alternative than to acquire the necessary easement through eminent domain procedures.

Because Metra is a division of the RTA, an Illinois municipal corporation, the Board of Commissioners is being advised of the proposed eminent domain action.

Respectfully Submitted, Frederick M. Feldman, Attorney, FMF:CL:STM:nm

Recommended, Richard Lanyon, General Superintendent

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