TRANSMITTAL LETTER FOR BOARD MEETING OF JUNE 2, 2022
COMMITTEE ON REAL ESTATE
Mr. Brian A. Perkovich, Executive Director
Title
Authority to settle the eminent domain lawsuit entitled The Metropolitan Water Reclamation District of Greater Chicago v. Ibrahim Shaban, et al Case No. 21L050433 in the Circuit Court of Cook County, Illinois, for final just compensation in the amount of $22,500.00, Account 501-50000-667330, Stormwater Management Fund
Body
Dear Sir:
On March 15, 2018, the Board of Commissioners (“Board”) adopted Ordinance No. R18-002 establishing the right-of-way for the construction, operation, and maintenance of the Flood Control Project on Midlothian Creek located in the Village of Robbins (Contract 14-253-5C) (“Project”). The 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.
On June 20, 2019, the Board authorized the District to enter into an intergovernmental agreement with the Village of Robbins for the Project. The Project consists of stormwater improvements along Midlothian Creek and east of Kedzie Avenue from approximately 139th Street to the Cal-Sag Channel. The Project will address overbank flooding through conveyance improvements along the existing creek, a new stormwater storage facility, and a new overflow channel to the Cal-Sag Channel. The Project is expected to provide flood reduction benefits to approximately 94 properties in the area.
The Project requires the acquisition of the property located at 13625 South Kedzie Avenue in Robbins, Illinois. The property is a vacant, unimproved parcel comprising approximately 0.32 acres that is zoned Restricted Industrial; however, most of the parcel is situated in a regulatory floodway which is a special flood hazard area. The property is necessary to construct the stormwater park/pond component of the Project.
Although the District and the property owner initially agreed to the District’s purchase of the property, the parties could not agree on the final terms of the sale. Therefore, on September 28, 2021, the District filed an eminent domain lawsuit entitled The Metropolitan Water Reclamation District of Greater Chicago v. Ibrahim Shaban, et al., Case No. 21L050433 in the Circuit Court of Cook County, Illinois.
Since filing the lawsuit, the District and the owner have agreed to settle the matter for final just compensation in the amount of $22,500.00 for the acquisition of PIN 28-01-101-059. 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 property based on an appraisal obtained by the District. This parcel is vacant, so no relocation costs are anticipated. Upon entry of a final judgement order, the District will deposit $22,500.00 with the Cook County Treasurer. After the payment of any delinquent real estate taxes, any party with an interest in the property can petition the Court to withdraw these funds.
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 $22,500.00 to acquire the real estate commonly known as 13625 South Kedzie Avenue in Robbins, Illinois, to settle the eminent domain lawsuit entitled The Metropolitan Water Reclamation District of Greater Chicago v. Ibrahim Shaban, et al., Case No. 21L050433 in the Circuit Court of Cook County, Illinois.
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 the property.
Requested, Susan T. Morakalis, General Counsel and Catherine A. O’Connor, Director of Engineering; STM:CAO:MTC:BJD:CN
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 June 2, 2022
Attachment