TRANSMITTAL LETTER FOR BOARD MEETING OF DECEMBER 21, 2017
COMMITTEE ON REAL ESTATE
Mr. David St. Pierre, Executive Director
Title
Authority to enter into a Utility Relocation Agreement and easement agreement with Comcast of Illinois IV, Inc. to relocate existing cable communication lines and facilities on a parcel of real estate recently acquired by the District as part of the construction of the Addison Creek Reservoir Improvements Project (Contract 11-186-3F) located at 2795 West Washington Boulevard in Bellwood, Illinois. Consideration shall be a nominal fee of $10.00
Body
Dear Sir:
The District has requested that Comcast of Illinois IV, Inc. (“Comcast”) enter into a Utility Relocation Agreement (“URA”) with the District that would provide for the relocation of certain existing Comcast cable communication lines and facilities (“Existing Facilities”). The Existing Facilities are located, pursuant to Comcast’s easement, on a parcel of real estate recently acquired by the District through condemnation proceedings as part of the construction of the Addison Creek Reservoir (“Reservoir”) Improvements Project (Contract 11-186-3F). The parcel is located at 2795 West Washington Boulevard in Bellwood, Illinois.
The Existing Facilities provide cable communication services to the surrounding developed area. Due to their proximity to the Reservoir, they have to be relocated so that the surrounding area can continue to receive such service. Under the URA, the Existing Facilities would be removed and new cable lines and facilities would be located near the northern and eastern boundary of the Reservoir area. The relocated easement area comprises approximately 14,326 square feet. The Engineering Department has confirmed that such relocation is consistent with the District’s plans for the construction, operation and maintenance of the Reservoir.
A nominal fee of $10.00 is recommended in this instance as Comcast had an existing no-fee perpetual easement through the acquired property. Additionally, the URA will provide that the District will pay a utility relocation fee of $1,668.17 to Comcast. In exchange, under the URA, Comcast will relinquish any existing easement rights it has on this parcel. This will result in considerable savings to the District since, without such an agreement, the District would have to initiate condemnation proceedings to acquire the easement, and because this is a utility easement, obtain the Illinois Commerce Commission’s approval for the condemnation.
It is requested that the Executive Director recommend to the Board of Commissioners that it grant authority to enter into a Utility Relocation Agreement and easement agreement with Comcast of Illinois IV, Inc. to relocate existing cable communication lines and facilities on a parcel of real estate recently acquired by the District as part of the construction of the Addison Creek Reservoir Improvements Project (Contract 11-186-3F) located at 2795 West Washington Boulevard in Bellwood, Illinois. 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 the Utility Relocation Agreement and Easement Agreement on behalf of the District after it is approved by the General Counsel as to form and legality.
Requested, Susan T. Morakalis, General Counsel, STM:CMM:MLD:vp
Recommended, David St. Pierre, Executive Director
Respectfully Submitted, David J. Walsh, Chairman Committee on Real Estate Development Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for December 21, 2017
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