HomeMy WebLinkAbout 5.3 A RESOLUTION AUTHORIZING THE MAYOR OR REPRESENTATIVE TO EXECUTE A FIRST AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT FOR THE ACQUISITION OF INTEREST IN REAL PROPERTY FOR CONSTRUCTION OF LEVEE 37 AND SIGN A PLAT ACCEPTING A GRANT OF EASEMENT.6/3/2020 BoardDocs® Pro
Agenda Item Details
Meeting y 19, 2020 - MEETING OF THE MOUNT PROSPECT VILLAGE- 7:00 .
Category 6. CONSENT AGENDA
Subject L I AUTHORIZING N IVE TO EXECUTE A FIRST
AMENDMENT TO AN INTERGOVERNMENTAL I
INTEREST IN REAL PROPERTY FOR CONSTRUCTION OF LEVEE LAT
ACCEPTING A GRANT OF EASEMENT.
Access Public
ActionType • -
Preferred . 2020
Absolute Date May 19, 2024
ImpactFiscal -
Dollar Amount 2,376.00
Budget• ••• Control Construction•
Recommended • Pass - • •n authorizing the mayor or • - - to execute a first amendment•,
existingan intergovernmental agreementthe Forest Preserve of ••County
granting additional easement ar- • the Villageof Prospect Heirfor the
construction of a supplemental storm water pumping station at Levee 37. The proposed
resolution also authorizes the mayor or representative to sign a plat indicating acceptance
of -neweasementarea.
Public Content
Levee 37 was designed to protect homes from inundation by the Des Plaines River. The levee wall serves as a physical
barrier between record river crests and the adjacent residential neighborhoods. It was designed and constructed by
the U.S. Army Corps of r -ers (USACE). Local partners• • the IllinoisDepartment of • -
Illinois Department of Transportation, the City of Prospect Heights,, and the Village of Mount Prospect. Construction
was substantially completed in 2011.
The design of - levee system•es four (4) pumping stations. Two of - pumping • - situated in
Mount• •-ct (Pump Station 1 and Pump Station 2).
The levee provides effective protection fr• - flooding. It wastested by - • Des Plaines Riv- -2013
riverand several subsequent elevated crests that would have generated flooding conditions if the levee were not
constructed. It is effective because it forms a complete seal between the river and adjacent land. This seal prevents
the • overtopping its banks. It also prevents rain water• - -r in the storm sewers• • the levee
• discharging • the river.
When - river levelbackwater - on - storm sewerdischarge pipes close;• r the storm
from the river. These devices prevent river water from flooding adjacent neighborhoods via the storm sewer system.
https://go.boarddocs.com/il/vomp/Board.nsf/Public 1/3
6/3/2020
BoardDocs® Pro
This mode of flooding occurred during a river crest in 1987 that damaged dozens of homes and rendered local streets
impassable for days.
When the storm sewer backwater valves are closed, rainwater that falls in the neighborhoods near the levee is
diverted to the pumping stations. The pumping stations were designed and constructed by the USACE as part of tht
levee project. The pumps have the capacity to discharge water at a combined rate of 42 cubic feet per second
Under normal weather and river conditions, rainwater is collected by the storm sewer system and conveyed to the
river via gravity discharge (no pumping stations) at a rate of approximately 240 CFS.
The original design of the levee system assumed that the circumstance where the river level is high,, storm sewer
backwater valves are closed, and significant rain falls in adjacent neighborhoods was rare. However, it is our
experience that this condition is much more commonplace. Street and structure flooding occurs because of the
inadequate pump station discharge rate.
USACE, IDNR, and the Village have agreed that the discharge rate of the pumping stations should be increased from
approximately 42 CFS to as close to 240 CFS as practical.
After final accounting was completed., USACE determined it was owed almost $3 million from IDNR for certain
expenditures made during levee construction. Pursuant to prior agreement between USACE and IDNR,, some of these
expenditures were the responsibility of IDNR.
IDNR, USACE, and the Village agreed to use these excess funds to design and construct supplemental pumping
capacity for Levee 37.
IDNR has remitted $2,,971,130.18 to USACE. Subsequently,, USACE has developed detailed plans,, specifications, and
bid documents necessary to let a Levee 37 pump station improvement project for public bidding.
The project scope includes the construction of one (1) supplemental pump station adjacent to Pump Station 2. The
attached map depicts the project area. The project will be let for public bidding this spring. Construction is expected
to start this fall.
This supplemental pump station will work in conjunction with the existing pump stations to increase discharge
capacity by 120 CFS. The total discharge capacity for the levee pumping system will increase from 42 CFS to 162
CFS.
USACE advises that development and construction of this proposed project will likely utilize all the funds made
available by IDNR ($2,971,130.18). No other federal or state funding is presently allocated for further improvements
to Levee 37. Consequently,, construction of the remaining sanctioned pumping capacity (240 CFS - 162 CFS = 78
CFS),, most likely adjacent to Pump Station 1, will depend upon future Village financing, state grants,, and/or federal
•' nts.
In order to construct the supplemental pump station, rights to additional land owned by the Forest Preserve District of
Cook County are required. The USACE final design resulted in a pump station footprint slightly larger than the existing
easement originally granted to the Village and the City of Prospect Heights by the forest preserve district for initial
construction of the levee. The supplemental pump station requires an additional 0.027 acres. USACE is unwilling to
let the project for bidding unless the real estate interest issues are resolved.
Attached for the Village Board's consideration., is a proposed first amendment to an existing intergovernmental
agreement (IGA) that facilitates a grant of additional easement area. Also attached is a plat denoting same. Please
note that the IGA requires a one-time payment of $2,376 for permanent use of the additional easement area. This
agreement and plat were approved as to form and function at the Forest Preserve District of Cook County Board of
Commissioners meeting on April 23, 2020.
Enclosed is a resolution authorizing the mayor, or her representative,, to execute the IGA amendment and sign the
plat of easement.
1. Pass a resolution authorizing the mayor to sign an IGA amendment and accept a grant of easement.
2. Action at discretion of Village Board.
Staff Recommendation
https://go.boarddocs.com/il/vomp/Board.nsf/Public 2/3
FIRST AMENDMENT TO INTERGOVERNMENTAL COOPERATION AGREEMENT FOR THE
ACQUISITION OF INTEREST IN REAL PROPERTY FOR THE CONSTRUCTION OF LEVEE 37
THIS FIRST AMENDMENT ("Amendment") to the Intergovernmental Cooperation Agreement for the
Acquisition of Interest in Real Property for the Construction of Levee 37 ("IGCA") is dated this day
of March, 2020 and is entered into between the Village of Mount Prospect (herein referred to as the
"Village") and the City of Prospect Heights (herein referred to as the "City"); collectively referred to as the
"Municipalities"), and the Forest Preserve District of Cook County (herein referred to as the "District"), all
units of local government authorized to enter into Intergovernmental Cooperation Agreements.
RECITALS
WHEREAS, this Amendment is entered into pursuant to the intergovernmental cooperation provisions of
Article VII, Section 10 of the 1970 Illinois Constitution and the Intergovernmental Cooperation Act, 5 ILCS
220/1 , et seq. and Public Act 91-0424; and
WHEREAS, the Municipalities, in cooperation with the Illinois Department of Natural Resources, the
Illinois Department of Transportation, and the Army Corps of Engineers, have been engaged in a project,
known as Levee 37, to alleviate flooding in Mount Prospect and Prospect Heights; and
WHEREAS, in 2008 the Municipalities and the District entered into that certain Intergovernmental
Cooperation Agreement ("IGCA") pertaining to the Levee 37 Project; and
WHEREAS, the District has now agreed to execute an additional grant of permanent easement for the
construction, operation, and maintenance of the Levee 37 Project, consisting of an additional 0.02 acres of
land as shown on Exhibit "H", in order to further the goals of the Levee 37 Project; and
WHEREAS, the Village shall pay to the District the sum of $2,376.00 as compensation for said grant of
permanent easement;
NOW THEREFORE, the Municipalities and the District agree as follows:
I . The recitals as set forth above are incorporated into the body of this Agreement as if fully set forth
herein.
2. The IGCA is hereby amended as follows: the District agrees to execute an additional grant of
permanent easement for the construction, operation, and maintenance of the Levee 37 Project, consisting
of an additional 0.027 acres of land as shown on Exhibit "H."
3. The Village shall pay to the District the sum of $2,376.00 as compensation for said grant of
permanent easement.
4. All existing provisions of the IGCA remain unchanged and shall remain in full force and effect.
1
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the day and year first
written above.
FOREST PRESERVE DISTRICT OF COOK COUNTY
By:
Its:
Date:
Attest:
VILLAGE OF MOUNT PROSPECT
By:
Its:
Date:
Attest:
CITY OF PROSPECT HEIGHTS
By:
Its:
Date:
Attest:
2
PLAT OF SURVEY
Part of the East Half of the East Half of Section 24,
Township 42 North, Range 11 East of the Third Pricipal
Meridian, Cook County, Illinois.
Seminole LGne
......................................
7 east Quarter of Section 24 - 42 - 11
North
SCALE 1 60,
60 30 0 60 120
Q)
ILI
"ICY
0
0
Parcel A
Temp. Easement
From I.D.O.T.
UY'30
W
NW2JJ4W
.................. ...............
92,68'
P. 0. C.
For Parcels
A, B & C
N.E. Corner of the
S.E. Quarter of
Sectlon 24,
Townshtp 42 North,
Range // East of the
ThIrd Principal Merldlon, PARCEL A
Cook County, 1111nots. I DESCRIPTION
Forest Preserve (TEMPORARY EASEMENT
"
Monument
%ASee Doc. All that part of the East Half of the East Half of Section 24, Township 42 North,
QJ 0020535248 i Range It East of the Third Principal Meridian, bounded and described as follows:
Commencing at the Northeast Corner of the Southeast Quarter of Section 24,
Township 42 North, Range 11 East of the Third Principal Meridian (said point is
1�y a Cook County Forest Preserve Monument as depicted in Doc. No. 0020535248),
thence 11.89-23`34"W., on the North line of said Southeast Quarter of said
11�y Section 24, a distance of 118.92 feet to the West line of an - existing Permanent
Easement as depicted in recorded Easement (Dr�. No. -,,pagis 1-8), thence
on said West Easement line S.39* -14'-56"W., 1841LVIffief"Ge the start of a curve
concave to the East, having a radius of 1,293.49 feet; thence continuing on
said West Easement line a chord bearing of S,27* -16`21"W., a chord distance of
NY j 536.62 feet to the Point of Beginning of Temporary Easement - Parcel A; thence
continuing an said West Easement line and said curve a chord bearing of
Ny
1�y C12 S.13° -45'-00"W., a chord distance of 70.00 feet; thence N.76' -38`49"V., 8.76 feet;
®
thence S.13° -20'-40"W., 41.38 feet; thence S.08° -02'-02"W., 82.57 feet; thence
3.06°-17'-00"W., 43.40 feet; thence 3.84-03`11"E., 2.90 feet; thence 5.06°-17'-14"W.,
51.32 feet; thence N.83 -20`47"V., 10.10 feet; thence S.06 -38`26"W., 31.82 feet;
U/ A�l rn thence 3.83`21'-31"E., 10.29 feet; thence S.06° -17'-28"W., 52.00 feet; thence N.83*
CO, -8
-42'-32"W.,17.49 feet; thence N.06* -17'-28"E. on a line which is parallel with the
Easterly Right-of-way line of Des Plaines River Road, 167.89 feet to the start of a
E curve concave to the East, having a radius of 1,317.49 feet; thence on said curve,
a chord bearing of N.10° -47'-45"E., a chord distance of 206.96 feet; thence
Z S.74 -41`58"E., perpendicular to said Easterly Right-of-wal line, 24.00 feet to the
Point of Beginning of said Parcel A, in Cook County, Illinois,
0 t containing 0.142 acres, more or less.
Vy
PARCEL B
&Y 0 i DESCRIPTION
Notes
The basis of this survey orisin
teg'fkom a survey conducted by
HaFer Engineering LLC lot" I lage of Mt. Prospect and the City
of Prospect Heights, dated j*nuary 19, 2009, recorded in Cook
County, Illinois as Doc.
Original Coordinate System (from Army Corps of Engineers) was
NAD 27. this Plat and coresohdinj- coordinates, (sheet 2 of 2)
have been converted to NAD83 Illinois State Plane East (1201).
No Coordinate adjustment is noted.
The depicted Easements affect Illinois Department of Transportation
and the Cook County Forest Preserve.
(PERMANENT EASEMENT )
All that part of the East Half of the East Half of Section 24, Township 42 North,
Range 11 East of the Third Principal Meridian, bounded and described as follows:
DO :
Commencing at the Northeast Corner of the Southeast Quarter of Section 24,
Township 42 North, Range It East of the Third Principal Meridian (said point is
a Cook County Forest Preserve Monument as depicted in Doc. No. 0020635248),
thence N.89° -23'-34"W., on the North line of said Southeast Quarter of said
Section 24, a distance of 118.92 feet to the WeWlinc ofan existing Permanent
Easement as depicted in recorded Easement (Do'. No. pages 1-8), thence
on said Vest Easement line S.39 -14--66--V.. 1841*--feet,the-the'start of a curve
concave to the East, having a radius of 1,293.49 feet; thence continuing on said
West Easement line a chord bearing of S.27-I6'-2I"W,, a chord distance of 536.62
feet; thence continuing on said West Easement line and said curve a chord bearing
of S.13* -45'-00"W., a chord distance of 70.00 feet; thence N.76* -38'-49"W., thence
S.13 -20'40"W.. 41.38 feet to the Point of Beginning of Permanent Easement -
Parcel B; thence S.76* -37'-56"E., 10.81 feet; thence 5.03-18'43"V., 81.Ot feet;
thence N.84' -42`27"W., 17.45 feet; thence N.08' -02'-02"E., 82.57 feet to the
Point of Beginning of said Permanent Easement - Parcel B,
in Cook County, Illinois, containing 0.026 acres, more or less.
PARCEL C
DESCRIPTION
PERMANENT EASEMENT
All that part of the East Half of the East Half of Section 24, Township 42 North,
Range It East of the Third Principal Meridian, bounded and described as follows:
Commencing at the Northeast Corner of the Southeast Quarter of Section 24,
Township 42 North, Range It East of the Third Principal Meridian (said point is
a Cook County Forest Preserve Monument as depicted in Doc. No. 0020536248),
thence N.89' -23`34"W., on the North line of said Southeast Quarter of said
Section 24, a distance of 92.68 feet to the East line of an -existing Permanent
Easement as depicted in recorded Easement ?&:'No. - pages 1-81, thence
on said Permanent Easement line 3.39 feet; thence
3.39-16`21"W., 165.46 feet to the start of a curve concave to the East having
a radius of 1273.00 feet; thence continuing on said Permanent Easement line
and said curve, a chord bearing of 3.25°-40'-04"W., a chord distance of 697.67
feet; thence continuing on said Permanent Easement line 11.87-17'45"E.,
58.93 feet; thence continuing on said Permanent Easement line S.13 -21'49"V.,
80.00 feet; thence continuing on said Permanent Easement line N.60 -05`42"V.,
18.73 feet feet to the Point of Beginning of Permanent Easement - Parcel C;
thence S.29 -03'-02"W., 42.75 feet; thence 11.86-39'-28"W., 14.00 feet to a
point on said Easterly Permanent Easement line; thence on said Easterly
Permanent Easement line, N.03' -23'-69"E., 64.00 feet; thence S.63'48' -30"E.,
12.13 feet; thence 3.60-06`42"E., 23.87 feet to the Point of Beginning of
said Permanent Easement - Parcel C, in Cook County, Illinois,
containing 0.027 acres, more or less.
IPLS Number: 035 - 3203 License Expires 11 / 30 / 2020
Sheet 1 of 2
Parcel B
Perm. Easement
S�
From I.D.O.T,
P.O.B.
100.00' t
Ell
Parcel B
P.O.B.
2
Parcel C
Notes
The basis of this survey orisin
teg'fkom a survey conducted by
HaFer Engineering LLC lot" I lage of Mt. Prospect and the City
of Prospect Heights, dated j*nuary 19, 2009, recorded in Cook
County, Illinois as Doc.
Original Coordinate System (from Army Corps of Engineers) was
NAD 27. this Plat and coresohdinj- coordinates, (sheet 2 of 2)
have been converted to NAD83 Illinois State Plane East (1201).
No Coordinate adjustment is noted.
The depicted Easements affect Illinois Department of Transportation
and the Cook County Forest Preserve.
(PERMANENT EASEMENT )
All that part of the East Half of the East Half of Section 24, Township 42 North,
Range 11 East of the Third Principal Meridian, bounded and described as follows:
DO :
Commencing at the Northeast Corner of the Southeast Quarter of Section 24,
Township 42 North, Range It East of the Third Principal Meridian (said point is
a Cook County Forest Preserve Monument as depicted in Doc. No. 0020635248),
thence N.89° -23'-34"W., on the North line of said Southeast Quarter of said
Section 24, a distance of 118.92 feet to the WeWlinc ofan existing Permanent
Easement as depicted in recorded Easement (Do'. No. pages 1-8), thence
on said Vest Easement line S.39 -14--66--V.. 1841*--feet,the-the'start of a curve
concave to the East, having a radius of 1,293.49 feet; thence continuing on said
West Easement line a chord bearing of S.27-I6'-2I"W,, a chord distance of 536.62
feet; thence continuing on said West Easement line and said curve a chord bearing
of S.13* -45'-00"W., a chord distance of 70.00 feet; thence N.76* -38'-49"W., thence
S.13 -20'40"W.. 41.38 feet to the Point of Beginning of Permanent Easement -
Parcel B; thence S.76* -37'-56"E., 10.81 feet; thence 5.03-18'43"V., 81.Ot feet;
thence N.84' -42`27"W., 17.45 feet; thence N.08' -02'-02"E., 82.57 feet to the
Point of Beginning of said Permanent Easement - Parcel B,
in Cook County, Illinois, containing 0.026 acres, more or less.
PARCEL C
DESCRIPTION
PERMANENT EASEMENT
All that part of the East Half of the East Half of Section 24, Township 42 North,
Range It East of the Third Principal Meridian, bounded and described as follows:
Commencing at the Northeast Corner of the Southeast Quarter of Section 24,
Township 42 North, Range It East of the Third Principal Meridian (said point is
a Cook County Forest Preserve Monument as depicted in Doc. No. 0020536248),
thence N.89' -23`34"W., on the North line of said Southeast Quarter of said
Section 24, a distance of 92.68 feet to the East line of an -existing Permanent
Easement as depicted in recorded Easement ?&:'No. - pages 1-81, thence
on said Permanent Easement line 3.39 feet; thence
3.39-16`21"W., 165.46 feet to the start of a curve concave to the East having
a radius of 1273.00 feet; thence continuing on said Permanent Easement line
and said curve, a chord bearing of 3.25°-40'-04"W., a chord distance of 697.67
feet; thence continuing on said Permanent Easement line 11.87-17'45"E.,
58.93 feet; thence continuing on said Permanent Easement line S.13 -21'49"V.,
80.00 feet; thence continuing on said Permanent Easement line N.60 -05`42"V.,
18.73 feet feet to the Point of Beginning of Permanent Easement - Parcel C;
thence S.29 -03'-02"W., 42.75 feet; thence 11.86-39'-28"W., 14.00 feet to a
point on said Easterly Permanent Easement line; thence on said Easterly
Permanent Easement line, N.03' -23'-69"E., 64.00 feet; thence S.63'48' -30"E.,
12.13 feet; thence 3.60-06`42"E., 23.87 feet to the Point of Beginning of
said Permanent Easement - Parcel C, in Cook County, Illinois,
containing 0.027 acres, more or less.
IPLS Number: 035 - 3203 License Expires 11 / 30 / 2020
Sheet 1 of 2
Parcel C
Perm. Easement
S�
From Cook County
Forest Preserve
100.00' t
Ell
Notes
The basis of this survey orisin
teg'fkom a survey conducted by
HaFer Engineering LLC lot" I lage of Mt. Prospect and the City
of Prospect Heights, dated j*nuary 19, 2009, recorded in Cook
County, Illinois as Doc.
Original Coordinate System (from Army Corps of Engineers) was
NAD 27. this Plat and coresohdinj- coordinates, (sheet 2 of 2)
have been converted to NAD83 Illinois State Plane East (1201).
No Coordinate adjustment is noted.
The depicted Easements affect Illinois Department of Transportation
and the Cook County Forest Preserve.
(PERMANENT EASEMENT )
All that part of the East Half of the East Half of Section 24, Township 42 North,
Range 11 East of the Third Principal Meridian, bounded and described as follows:
DO :
Commencing at the Northeast Corner of the Southeast Quarter of Section 24,
Township 42 North, Range It East of the Third Principal Meridian (said point is
a Cook County Forest Preserve Monument as depicted in Doc. No. 0020635248),
thence N.89° -23'-34"W., on the North line of said Southeast Quarter of said
Section 24, a distance of 118.92 feet to the WeWlinc ofan existing Permanent
Easement as depicted in recorded Easement (Do'. No. pages 1-8), thence
on said Vest Easement line S.39 -14--66--V.. 1841*--feet,the-the'start of a curve
concave to the East, having a radius of 1,293.49 feet; thence continuing on said
West Easement line a chord bearing of S.27-I6'-2I"W,, a chord distance of 536.62
feet; thence continuing on said West Easement line and said curve a chord bearing
of S.13* -45'-00"W., a chord distance of 70.00 feet; thence N.76* -38'-49"W., thence
S.13 -20'40"W.. 41.38 feet to the Point of Beginning of Permanent Easement -
Parcel B; thence S.76* -37'-56"E., 10.81 feet; thence 5.03-18'43"V., 81.Ot feet;
thence N.84' -42`27"W., 17.45 feet; thence N.08' -02'-02"E., 82.57 feet to the
Point of Beginning of said Permanent Easement - Parcel B,
in Cook County, Illinois, containing 0.026 acres, more or less.
PARCEL C
DESCRIPTION
PERMANENT EASEMENT
All that part of the East Half of the East Half of Section 24, Township 42 North,
Range It East of the Third Principal Meridian, bounded and described as follows:
Commencing at the Northeast Corner of the Southeast Quarter of Section 24,
Township 42 North, Range It East of the Third Principal Meridian (said point is
a Cook County Forest Preserve Monument as depicted in Doc. No. 0020536248),
thence N.89' -23`34"W., on the North line of said Southeast Quarter of said
Section 24, a distance of 92.68 feet to the East line of an -existing Permanent
Easement as depicted in recorded Easement ?&:'No. - pages 1-81, thence
on said Permanent Easement line 3.39 feet; thence
3.39-16`21"W., 165.46 feet to the start of a curve concave to the East having
a radius of 1273.00 feet; thence continuing on said Permanent Easement line
and said curve, a chord bearing of 3.25°-40'-04"W., a chord distance of 697.67
feet; thence continuing on said Permanent Easement line 11.87-17'45"E.,
58.93 feet; thence continuing on said Permanent Easement line S.13 -21'49"V.,
80.00 feet; thence continuing on said Permanent Easement line N.60 -05`42"V.,
18.73 feet feet to the Point of Beginning of Permanent Easement - Parcel C;
thence S.29 -03'-02"W., 42.75 feet; thence 11.86-39'-28"W., 14.00 feet to a
point on said Easterly Permanent Easement line; thence on said Easterly
Permanent Easement line, N.03' -23'-69"E., 64.00 feet; thence S.63'48' -30"E.,
12.13 feet; thence 3.60-06`42"E., 23.87 feet to the Point of Beginning of
said Permanent Easement - Parcel C, in Cook County, Illinois,
containing 0.027 acres, more or less.
IPLS Number: 035 - 3203 License Expires 11 / 30 / 2020
Sheet 1 of 2
Legend
........................... I
Existing Easement
Real Estate
Fee (0.04 AC)
Temporary Easement (0.15 AC)
Proposed Features
Proposed Features
Date: 8/23/2019
N
W E
7VS
1 1N=91 FT
Coordinate System: NAD 1983 2011 StatePlane Illinois East FIPS 1201 Ft US Path: G:\Projects_LRC\Levee 37\MXD\Levee37 PS Upgrade_RE.mxd
Projection: Transverse Mercator
Datum: NAD 1983 2011
QCTkk""4
Forest Preserve District of Cook 118 North Clark
Chicago, IL 60602
4M
County
.�.
Master
1
File Number: 20-0163
File ID: 20-0163 Type: Intergovernmental Status: Approved
Agreement Amendment
Version: 1 Reference: Meeting Body: FPD Board of
Commissioners
Department: File Created: 02/25/2020
File Name: Village of Mount Prospect (the "Village") and the City Final Action: 04/23/2020
of Prospect Heights (the "City")
Title: PROPOSED INTERGOVERNMENTAL AGREEMENT AMENDMENT
Department: Department of Planning and Development
Other Part(ies): Village of Mount Prospect (the "Village") and the City of Prospect
Heights (the "City")
Request: Authorization to amend an existing Intergovernmental Agreement ("IGA")
Goods or Services: Request for the Forest Preserves of Cook County (the "Forest
Preserves") to grant an additional 0.027 acre of permanent easement for flood control
structure
Agreement Number: N/A
Agreement Period: N/A
Fiscal Impact: $2,376.00 Revenue Generating
Accounts: N/A
District(s): 9, 14
Summary: An IGA between the Forest Preserves and the Village and the City, dated
October 9, 2008, granted 2.89 acres of permanent easement and 2.98 acres of temporary
easement for the construction of a flood control project known as Levee 37. As
compensation for the easements the Village and the City paid $235,000.00 to the Forest
Preserves and acquired and conveyed to the Forest Preserves 9.737 acres of additional
land.
Forest Preserve District of Cook County Page 1 Printed on 4/29/2020
Master Continued (20-0163)
Levee 37 was constructed along the Des Plaines River by the Army Corps of Engineers,
the Village and the City, in cooperation with the Illinois Department of Natural Resources
and the Illinois Department of Transportation, and included three (3) pump stations and
many closed structures. During the April 2013 flood it became apparent that the design of
Pump Station #2 did not take into account the fact that more intense rainfall was occurring
more often and the pump station was overwhelmed. The additional 0.027 acre parcel is
requested for the construction of an additional pump station adjacent to Pump Station #2.
The compensation of $2,376.00 is based on the Forest Preserves value of $88,000.00 per
acre for licenses. The Village and the City will be responsible for all costs associated with
the easement and the construction of the pump station, including maintenance, repair, and
operation. Final amendment is subject to legal review and approval.
Notes:
Sponsors:
Attachments: Exhibit A, Location Exhibit, New pump exhibit,
Executed Agreement 11-12-2008,
20-0163_LURSF_Levee 37 signed
Initiator:
Originator: John.Sterenberg@cookcountyil.gov
Related Files:
Approval History
Agenda Date: 04/23/2020
Agenda Number:
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
Version Seq #
Action Date
Approver
Action
Due Date
1 9
3/11/2020
Chris Slattery
Approve
2/28/2020
1 10
3/13/2020
Sharon Williams
Approve
3/13/2020
1 11
4/13/2020
Lisa Lee
Approve
3/13/2020
1 12
4/13/2020
Stephen Hughes
Approve
4/15/2020
1 13
4/14/2020
Delio Calzolari
Approve
4/15/2020
1 14
4/14/2020
Matthew B. DeLeon
Approve
4/16/2020
History of Legislative File
Ver- Acting Body:
Date: Action:
Sent To:
Due Date: Return Result:
sion:
Date:
1 FPD Board of
04/23/2020 approve
Pass
Commissioners
Action Text:
A motion was
made by Commissioner
Arroyo, seconded by Commissioner Deer, to approve
20-0163. The motion carried by the following vote:
Forest Preserve District of Cook County
Page 2
Printed on 4/29/2020
Master Continued (20-0163)
Ayes: 17 Commissioner Aguilar, Commissioner Anaya, Commissioner Arroyo,
Commissioner Britton, Commissioner Daley, Commissioner Deer,
Commissioner Degnen, Commissioner Gainer, Commissioner
Johnson, Commissioner Lowry, Commissioner Miller, Commissioner
Moore, Commissioner Morrison, Commissioner Morrison,
Commissioner Silvestri, Commissioner Sims and Commissioner
Suffredin
Text of Legislative File 20-0163
Forest Preserve District of Cook County Page 3 Printed on 4/29/2020
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE MAYOR OR REPRESENTATIVE TO EXECUTE A FIRST AMENDMENT TO
AN INTERGOVERNMENTAL AGREEMENT FOR THE ACQUISITION OF INTEREST IN REAL PROPERTY FOR
CONSTRUCTION OF LEVEE 37 AND SIGN A PLAT ACCEPTING A GRANT OF EASEMENT
WHEREAS, Article VII, Section 10 of the Constitution of the State of Illinois, and the Illinois Compiled
Statutes at 5 ILCS 220/1 et seq. authorize inter -governmental cooperation and agreement between
municipal corporations; and
WHEREAS, substantial portions of the City of Prospect Heights (City) and the Village of Mount Prospect
(Village) are located along the Des Plaines River and within the Upper Des Plaines River watershed; and
WHEREAS, the Village of Mount Prospect entered into an Intergovernmental Agreement with the City
of Prospect Heights via Resolution No. 46-07, to construct Levee 37 to prevent flooding from the Des
Plaines River in the City and the Village; and
WHEREAS, the Levee 37 project includes construction of a supplemental pump station on land owned
by the Forest Preserve District of Cook County and completion of this project requires rights to this
additional property.
SECTION ONE: That the Mayor and Board of Trustees of the Village of Mount Prospect are hereby
authorized to execute the first amendment to an existing Intergovernmental Agreement that facilitates
a grant of additional easement areas and a plat accepting a grant of easement attached hereto and
made a part of this Resolution as Exhibit "A.
SECTION TWO: That this Resolution shall be in full force and effective from and after its passage and
approval in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this 19th day of May, 2020
Arlene A. Juracek, Mayor
ATTEST:
Karen M. Agoranos, Village Clerk
6/3/2020
BoardDocs® Pro
Staff recommends that the Village Board pass a resolution authorizing the mayor or representative to execute a first
amendment to an existing intergovernmental agreement with the Forest Preserve District of Cook County granting
additional easement area to the Village and City of Prospect Heights for the construction of a supplemental storm
water pumping station at Levee 37. The proposed resolution also authorizes the mayor or representative to sign a
plat indicating acceptance of the new easement area.
Levee37 PS Upgrade—RE.pdf (452 KB) Levee 37 Amendment Plat of Survey-pdf (318 KB)
Master29-Apr-2020-08-25-56.pdf (163 KB) First Amend ment--IGCA—FINAL. pdf (44 KB)
Res
it amendment to Levee 37 IGA.pdf (79 KB)
Administrative Content
Executive Content
All items under Consent Agenda are considered routine by the Village Board and will be enacted by one motion. There
will be no separate discussion of those items unless a Board member or member from the audience so requests, in
which the item will be removed from the Consent Agenda and considered in its sequence on the agenda.
Motion & Voting
IFOU'pril 29, 2020 - May 12, 2020 - $6fO56f964.15
Motion by Paul Hoefert, second by Michael Zadel.
Final Resolution: Motion Carries
Yea: Paul Hoefertf William Grossi, Eleni Hatzis,, Colleen Saccotelli,, Michael Zadel,, Richard Rogers
https://go.boarddocs.com/il/vomp/Board.nsf/Public 3/3