TRANSMITTAL LETTER FOR THE BOARD MEETING OF OCTOBER 21, 2010
COMMITTEE ON STORMWATER MANAGEMENT
Mr. Richard Lanyon, Executive Director
Title
Authority to execute Letter Agreement with Private Property Owner for installation of Mesh Silt Fence on fence line of private property located at 10808 South 76th Avenue, Worth, Illinois, and authorize the General Counsel to take all necessary steps to record the fully executed Letter Agreement with the Cook County Recorder of Deeds
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Dear Sir:
As part of its on-going efforts to prevent debris from a manhole adjacent to the Palos Hills Pump Station (“PHPS”) from entering Stony Creek, the Metropolitan Water Reclamation District of Greater Chicago (“District”) intends to install a mesh silt fence (“silt fence”) along the District’s fence line adjacent to the PHPS and Stony Creek. The silt fence will be designed and installed to capture debris that comes out of a local sewer during certain intense rain events and prevent such debris from going directly into Stony Creek. Installation consists of attaching a silt fence to the existing chain link fence up to five feet from the bottom of the fence line.
During its review of installing this silt fence on the District’s PHPS fence, District staff determined that the effectiveness of preventing sanitary debris from entering Stony Creek could be maximized if the silt fence extended for approximately 50 feet onto the private property located across the street from the PHPS at 10808 South 76th Avenue, Worth, Illinois (“Private Property”). District staff contacted the owner of the Private Property regarding obtaining a property interest, such as an easement or permit that would allow the District to install a silt fence on the Private Property’s fence line. While the Private Property owner originally expressed his reluctance to grant such an interest in his property, he eventually agreed to execute the attached Letter Agreement that is entirely voluntary and revocable, by either party, at any time.
In consideration of the Private Property owner executing the attached Letter Agreement, District staff has agreed to maintain any silt fence attached to the Private Property owner’s fence in good condition. Additionally, District staff has agreed to come out and clean the fence within 24 hours of any debris from the local sewers being deposited on the silt fence. Because the proposed Letter Agreement is voluntary, both parties have agreed to hold each other harmless from any liability arising out of or relating to the silt fence.
It is requested that the Board of Commissioners authorize the Executive Director, on behalf of the District, to execute the attached Letter Agreement with Private Property Owner, for installation of Mesh Silt Fence on Fence Line of Private Property located at 10808 South 76th Avenue, Worth, Illinois and authorize the General Counsel to take all necessary steps to record the fully executed Letter Agreement with the Cook County Recorder of Deeds.
Requested, Frederick M. Feldman, General Counsel, FMF:RH:BOC:jvs
Respectfully Submitted, Debra Shore, Chairman Committee on Stormwater Management
Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for October 21, 2010
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