TRANSMITTAL LETTER FOR BOARD MEETING OF FEBRUARY 2, 2012
COMMITTEE ON JUDICIARY
Mr. David St. Pierre, Executive Director
Title
Authority to settle in the amount of $82,000.00 the eminent domain lawsuit entitled The Metropolitan Water Reclamation District v. Adrian Cangas, et al., Case No. 10 L 50565 in the Circuit Court of Cook County to acquire fee simple property comprising 0.28± acres located at 16760 State Street in Thornton, Illinois, for the Thornton Composite Reservoir, Contract 77-235-2F; Account 501-50000-656010
Body
Dear Sir:
In connection with the execution of District Contract No. 77-235-2F, Thornton Composite Reservoir, it is necessary to acquire the fee simple estate upon, over, across, under and through real estate beneficially owned by Adrian Cangas (“Cangas”), and legally held by land trustee North Star Trust Company, located at 16760 State Street in Thornton, Illinois. The subject property is zoned I-Industrial and is improved with a single-family home on the site, which does not conform to the zoning code. From the onset, the District’s attempts to condemn were met with objections and refusals to settle by the beneficial owner, Cangas. Negotiations to acquire this property were unsuccessful.
The property had been appraised by Patricia McGarr, MAI, of Integra Realty Resources in the amount of $61,000.00 as of May 1, 2008, and updated with the same value as of December 17, 2009. An offer was sent to ownership in that amount, and a condemnation complaint was filed on March 31, 2010.
In addition to the Complaint for Condemnation, the District also filed a “quick-take” Motion for Immediate Vesting of Title which would allow for acquisition of the property based upon preliminary just compensation determined by the Court, with the issue of the final just compensation to be resolved by a jury trial at a later date. In addition, the subject property was appraised on behalf of Cangas in the amount of $85,000.00 by Randall R. Raynor, Associate MAI, of American Valuation Company. During settlement discussions, the Court declined to set a hearing date on the Motion for Immediate Vesting of Title.
Prior to the matter being set for hearing on the Motion for Immediate Vesting of Title, the judge held a pre-trial conference and the parties agreed to settle the case for $82,000.00 subject to approval by the District’s Board of Commissioners. The judge found that such settlement was reasonable in all respects. The settlement also requires that Cangas provide the title and possession to the District ninety (90) days after the final order. The payment of $82,000.00 is recommended as such figure is within the range of appraised values, and will also obviate the cost and expense for additional attorneys’ and witness fees for a quick take hearing and a subsequent trial, and will eliminate the uncertainty of a jury’s determination of final just compensation.
It is requested that the Executive Director recommend to the Board of Commissioners that it authorize and approve the payment of $82,000.00 as final just compensation for the taking and immediate vesting of title in the District of a 0.28±-acre parcel of real estate located at 16760 State Street in Thornton, Illinois, in the eminent domain lawsuit entitled The Metropolitan Water Reclamation District of Greater Chicago v. Adrian Cangas, et al., Case No. 10 L 50565 in the Circuit Court of Cook County, Illinois, in conjunction with District Contract No. 77-235-2F.
It is further requested that the Chairman of the Committee on Finance and the Clerk be authorized and directed to execute a check in the amount of $82,000.00, payable to the Treasurer of Cook County, as and for final just compensation as aforesaid.
It is also requested that the General Counsel be authorized and directed to execute and deliver all such additional documents necessary to effect said settlement with respect to final just compensation for the aforesaid taking and any additional documents relating to survey or testing work.
Requested, Ronald M. Hill, General Counsel, RMH:SM:rg
Recommended, David St. Pierre, Executive Director
Respectfully Submitted, Terrence J. O’Brien, Chairman Committee on Judiciary
Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for February 2, 2012
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