TRANSMITTAL LETTER FOR BOARD MEETING OF DECEMBER 3, 2020
COMMITTEE ON REAL ESTATE
Mr. Brian A. Perkovich, Executive Director
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Authority to pay final just compensation in the amount of $43,000.00 to acquire permanent and temporary easements on the real estate commonly known as 3700 West Lake Street in Melrose Park, Illinois, to settle the eminent domain lawsuit entitled The Metropolitan Water Reclamation District of Greater Chicago v. Chicago Title Land Trust, et al., Case No. 19L050535 in the Circuit Court of Cook County, Illinois, Account 501-50000-667340, Stormwater Management Fund
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Dear Sir:
On August 6, 2015, the Board of Commissioners (“Board”) adopted Ordinance No. R15-006 establishing the right-of-way for the construction, operation and maintenance of the Addison Creek Channel Improvement Project located in the municipalities of Northlake, Stone Park, Melrose Park, Bellwood, Westchester, and Broadview (Contract 11-187-3F) (“Project”). Ordinance R15-006 was subsequently amended by Ordinances R15-007, R18-003, R19-002, and R20-001 to include additional right-of-way needed for the Project. Said Ordinances 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 Ordinances.
On September 6, 2018, the Board authorized the District to enter into intergovernmental agreements with the City of Northlake, Village of Stone Park, Village of Melrose Park, Village of Bellwood, Village of Westchester, and Village of Broadview for the Project. The proposed channel improvements are broken down into nine reaches along approximately 15,300 linear feet of Addison Creek beginning at Hirsch Street in the City of Northlake and continuing to Cermak Road in the Village of Broadview. The Addison Creek channel improvements, along with the proposed Addison Creek Reservoir, will provide flood reduction benefits to approximately 2,200 properties.
The Project requires the acquisition of permanent and temporary easements on the property located at 3700 West Lake Street in Melrose Park, Illinois. The property is a vacant parcel located adjacent to the Addison Creek. The permanent easement area is approximately 4,900 square feet and the temporary easement area is approximately 17,891 square feet. These easement areas are necessary to construct the channel improvements and to provide access for construction and staging.
On September 3, 2019, after the parties could not agree on the compensation amount, the District filed an eminent domain lawsuit entitled The Metropolitan Water Reclamation District of Greater Chicago v. Chicago Title Land Trust, et al., Case No. 19L050535 in the Circuit Court of Cook County, Illinois. Since filing the lawsuit, the District and the owner have agreed to a final just compensation amount of $43,000.00. It is the opinion of the General Counsel and Special Counsel, Neal & Leroy, LLC, that this amount is within the range of value for the easements based on a fair market value appraisal obtained by the District. Settlement of this matter will also save the District substantial costs that would otherwise be required to proceed to a quick-take hearing and trial, including attorneys’ fees and expert witness fees. The property has no structures or improvements, so no relocation costs are anticipated. Upon entry of a final judgment order, the District will deposit $43,000.00 with the Cook County Treasurer.
Accordingly, it is requested that the Executive Director recommend to the Board of Commissioners that it adopt the following orders:
1. That the Board authorize payment of final just compensation in the amount of $43,000.00 to acquire permanent and temporary easements on the real estate commonly known as 3700 West Lake Street in Melrose Park, Illinois, to settle the eminent domain lawsuit entitled The Metropolitan Water Reclamation District of Greater Chicago v. Chicago Title Land Trust, et al., Case No. 19L050535 in the Circuit Court of Cook County, Illinois; and
2. That the General Counsel be authorized and directed to execute and deliver all other documents and take such other actions as may be necessary to effectuate said settlement and to attain possession of said property.
Requested, Susan T. Morakalis, General Counsel and Catherine A. O’Connor, Director of Engineering; STM:CAO:EMA:BJD:CN:nm
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 December 3, 2020
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