TRANSMITTAL LETTER FOR BOARD MEETING OF DECEMBER 6, 2012
COMMITTEE ON REAL ESTATE
Mr. David St. Pierre, Executive Director
Title
Authority to execute a quitclaim deed conveying Wille Road located south of the Kirie Water Reclamation Plant, between Marshall Drive and Elmhurst Road in Des Plaines, Illinois to the City of Des Plaines. Consideration shall be a nominal fee of $10.00
Body
Dear Sir:
In 1968, the District authorized the acquisition of a public roadway known as Wille Road, located between Marshall Drive and Elmhurst Road, located south of the proposed site of the O'Hare Sewage Treatment Works (n/k/a) the James C. Kirie Water Reclamation Plant ("Kirie Plant"). In 1976, the Illinois State Toll Highway Authority ("ISTHA") conveyed the westerly portion of Wille Road to the District subject to the rights of the public to use such road for ingress and egress. An aerial photograph of the road is attached.
Over the next several decades, the District attempted to resolve issues of ownership, maintenance, and closure of Willie Road ("the road") with the City of Des Plaines ("Des Plaines"). Recently, in 2004, Des Plaines asked the District to repair the road. The District denied Des Plaines' request and thereafter closed the road to the public. Subsequent discussions between the District and Des Plaines' officials resulted in the District re-opening the road and contemplating the issuance of an easement to Des Plaines to repair, maintain, and assume liability for the road. Ultimately, Des Plaines rejected the District's offer to grant it an easement due to several factors, but indicated that one reason was that it could not accept the District's one-year cancellation clause that would be required in the event the District ever expanded the Kirie Plant.
Since 2005, the area of land located east of the Kirie Plant has become developed with numerous trucking and manufacturing businesses. The increase in vehicular traffic, including heavy truck traffic along the road in the last 5 years, has been significant. The road continues to deteriorate and was not built to accommodate this traffic use. "No-truck traffic" signs posted at both ends of the road are consistently ignored. Additionally, the Illinois Department of Transportation ("IDOT") is proposing to refigure the Elmhurst Road interchange as part of the Elgin-O'Hare extension. Consequently, the existing entry to the road from Elmhurst Road ultimately may need to be closed.
The road continues to become increasingly used, increasingly deteriorated, an increasing safety concern, subject to prevalent fly dumping, and intermittent fence damage from hit and run incidents.
Subsequently, in the fall of 2010, M&O staff had a joint meeting with Des Plaines and Mt. Prospect Park District ("Park District") officials. The meeting was held to discuss the increasing safety, maintenance and liability problems associated with the use of the road as a public thoroughfare through private plant property. Des Plaines indicated in the meeting to both the District and the Park District that it would actually rebuild (not patch) the road, add shoulders and drainage improvements, and assume complete liability for the newly built Wille Road. These improvements were contemplated to be part of the Des Plaines' Capital Improvements Program.
On February 16, 2011, Des Plaines sent a letter to the Law Department proposing that the District and Des Plaines enter into an Intergovernmental Agreement ("IGA") for the maintenance of the portion of the road located on District land. The IGA contemplated merely patching and plowing the road as its maintenance program. The proposed IGA was unacceptable and did nothing to address the problems of the road.
Thereafter, Des Plaines sent a letter to the District indicating it would oppose any attempt by the District to close the road under the Illinois Highway Code which provides in part that any public way for vehicular traffic which has been used by the public for 15 years or longer is considered a public highway irrespective of the District's underlying ownership of the road.
In view of the fact that the District cannot unilaterally close the road, and that the road will continue to be used as a public highway, it would be best to convey the road to Des Plaines in order to prevent the District from any potential liability from either an accident resulting from the condition of the roadway, or from any potential exposure to maintain and repair the road. The quitclaim deed will contain a provision whereby the roadway will revert to the District if the road is closed by Des Plaines or another governmental highway agency, or is no longer needed by Des Plaines for use as a roadway.
The District's technical departments do no anticipate there will be any future corporate needs for this property and the southern half of the Kirie Plant is already leased to the Park District. Conveyance of Wille Road is contingent upon approval by the Des Plaines City Council.
Accordingly, it is requested that the Executive Director recommend to the Board of Commissioners that it authorize passage of the following Orders:
1. That Wille Road be conveyed to the City of Des Plaines for a nominal fee of $10.00 subject to a reverter in the event Wille Road is closed in the future; and
2. That the Chairman of the Committee on Finance and the Clerk be authorized and directed to execute the Quitclaim Deed after same has been approved by the General Counsel as to form and legality; and
3. That the General Counsel be authorized and directed to execute and deliver all other documents necessary to effectuate the conveyance of Wille Road to the City of Des Plaines.
Requested, Ronald M. Hill, General Counsel, RMH:STM:MLD:ldl
Recommended, David St. Pierre, Executive Director
Respectfully Submitted, Cynthia M. Santos, Vice-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 6, 2012
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