TRANSMITTAL LETTER FOR BOARD MEETING OF DECEMBER 4, 2025
COMMITTEE ON STORMWATER MANAGEMENT
Mr. John P. Murray, Executive Director
Title
Authorization for payment to BNSF Railway Company, a Delaware corporation for construction and easement agreements for the Lyons and McCook Levee Improvements Project (Contract 13-199-3F), Consideration shall be a one-time easement fee in an amount not to exceed $361,205.00, Account 501-50000-667340
Body
Dear Sir:
In connection with the Lyons and McCook Levee Improvements Project (Contract 13-199-3F) (Project), the District must obtain a permanent easement from the BNSF Railway Company, a Delaware corporation (BNSF) to complete improvements to Lyons Levee where it crosses BNSF’s property. The property is located near 47th Street and the Des Plaines River in Forest View, Illinois (PINs 18-12-200-010-0000 and 18-12-501-002-0000).
In addition to the permanent easement, a Construction and Maintenance (C&M) agreement with BNSF is necessary because the Project requires the removal and reinstallation of a portion of BNSF railroad track.
On January 21, 2016, the Board of Commissioners (Board) adopted Ordinance No. R16-001 establishing the right-of-way for the construction, operation and maintenance of the Project. These levee improvements will help reduce flooding from the Des Plaines River in the Village of Forest View by restoring an existing levee to enhance stability and seepage control, among other improvements. Said ordinance 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 ordinance.
The District and BNSF have reached an agreement regarding the compensation to be paid for the permanent easement in the amount of a one-time fee of $153,250.00 and a one-time administrative fee of $2,500.00. This easement fee and administrative fee is within the range of fair market value based on appraisals for comparable easements.
The District and BNSF have also reached an agreement regarding the construction agreement, which is required by the railroad for this type of work being performed on its tracks. Under the agreement, the District will reimburse BNSF for the actual and reasonable costs incurred by BNSF for removing and reinstalling a portion of the tracks required for the Project. Based on the current cost estimate for such railroad work, the District will deposit $205,455.00 into a force account to reimburse BNSF for these costs. Any expenditure above this amount must be approved by the Board.
Similar to other agreements that the District has entered into with railroads, BNSF requires specific conditions for flood control facilities on its property to ensure there is no interference with railroad operations and compliance with environmental laws. This includes the possibility that if BNSF modifies its tracks in the future, the District may have to modify or alter the levee at the District’s own expense. The District and its contractor will be required to meet BNSF’s insurance requirements and to indemnify BNSF for any loss, damage, or injury relating to the work.
It is requested that the Executive Director recommend to the Board that it accept and approve the permanent easement agreement and the construction agreement with BNSF in connection with the captioned Project, including authorization to pay BNSF $153,250.00 as compensation for the easement, $2,500.00 as compensation for the administrative fee, and $205,455.00 as a force account deposit.
It is hereby recommended that the Board of Commissioners authorize payment, by direct voucher, to BNSF, in an amount not to exceed $361,205.00. Funds are available in Account 501-50000-667340.
Requested, Catherine A. O’Connor, Director of Engineering, KMF:JK
Recommended, John P. Murray, Executive Director
Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for December 4, 2025