TRANSMITTAL LETTER FOR BOARD MEETING OF SEPTEMBER 7, 2023
COMMITTEE ON REAL ESTATE
Mr. Brian A. Perkovich, Executive Director
Title
Authority to grant a 56-year, non-exclusive easement to the Village of Crestwood to construct, reconstruct, operate, maintain, repair, and remove a drainage ditch and other improvements on approximately 1.03 acres of District property located on Cal-Sag Channel Parcels 11.04 (West) and 11.04 (Middle) in connection with the Crestwood Flood Control Project (Contract 14-258-SF) in the vicinity of 135th Street and Central Avenue in Crestwood, IL. Consideration shall be a nominal fee of $10.00
Body
Dear Sir:
On August 5, 2021, the Board of Commissioners authorized the District to enter into an Intergovernmental Agreement (“IGA”) with the Village of Crestwood (“Crestwood”) for the Crestwood Flood Control Project (“Project”) (Contract 14-258-SF) in the vicinity of 135th Street and Central Avenue. As part of the Project, the District is constructing improvements to the Crestwood Drainage Ditch from 135th Street to its outlet at the Cal-Sag Channel (“CSC”). The Crestwood Drainage Ditch runs along the western edge of the District's CSC Parcel 11.04 (West), and a small portion of CSC Parcel 11.04 (Middle), both of which are under long-term lease to Crestwood until January 31, 2079 and September 14, 2077, respectively.
Pursuant to the IGA, Crestwood is responsible for the long-term operation and maintenance of the Project improvements. As a result, Crestwood requires an easement to fulfill its operation and maintenance responsibilities after the District completes construction. The proposed term of the easement is 56 years, to coincide with the January 31, 2079 expiration of Crestwood's lease of District CSC Parcel 11.04 (West). The easement area is approximately 1.03 acres.
The technical departments have reviewed this request and have no objections thereto. A nominal fee of $10.00 is recommended as is customary for governmental entities using District property for a public purpose.
It is requested that the Executive Director recommend to the Board of Commissioners that it authorize the grant of a 56-year, non-exclusive easement to the Village of Crestwood to construct, reconstruct, operate, maintain, repair, and remove a drainage ditch and other improvements on approximately 1.03 acres of District property located on Cal-Sag Channel Parcels 11.04 (West) and 11.04 (Middle) in connection with the Crestwood Flood Control Project (Contract 14-258-SF) in the vicinity of 135th Street and Central Avenue in Crestwood, IL. Consideration shall be a nominal fee of $10.00.
It is also requested that the Executive Director recommend to the Board of Commissioners that it authorize and direct the Chairman of the Committee on Finance and the Clerk to execute said easement agreement after it is approved by the General Counsel as to form and legality.
Requested, Susan T. Morakalis, General Counsel, STM:BJD:MSZ:vp
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 September 7, 2023
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