Commission. Agenda Item R-14

Transcription

1 Agenda Item R-14 Commission Ordinance # Authorizing the Settlement and Closing of the Property Commonly Known as Salt Creek Marsh Thorndale Avenue for Forest Preserve District Purposes by the Forest Preserve District of DuPage County, Project #SC1, Parcel #1 Department Land Preservation Meeting Date December 5, 2017 Staff Recommendation Approve Ordinance # Previous Commission Action PS: 11/28/17: The Board authorized the preparation of a Phase IV Ordinance for Project #SC1/1. Background The property is 22 +/- acres, vacant, and located on the north side of Thorndale Avenue and about 1/2 mile west of Wood Dale Road; over 1/2 mile of Salt Creek runs through the property; about 89% of the property is within the 100 year floodplain and about 82% is wetlands (per DuPage County GIS database). Per Board direction, staff prepared Ordinance # (attached). Rationale The acquisition of the subject property would link District property to the north and south and add over a half mile of Salt Creek to District holdings. The acquisition of this property would meet the goals of the District s Land Preservation Policy (Ordinance ). Cost $240,000 Funding Source Budgeted In: Bond Fund 140 Public Impact The public would benefit from the preservation of and access to additional open space adjacent to Salt Creek Marsh Forest Preserve and along Salt Creek. Attachments Location Map Ordinance #17-392

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3 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Project # SC1/1 Salt Creek Marsh (Hamilton Lakes Business Park Owners' Association) DEVON AV Salt Creek Marsh LEWIS DR 21.8 Acres PAN AM BLVD!!!!!!!!!!!!!!! ^!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! DuPage County Overview!! THORNDALE AV FPD Bounds Subject Property ,000 Feet Land Preservation Department.

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5 O R D I N A N C E AN ORDINANCE PROVIDING FOR THE SETTLEMENT AND CLOSING OF THE PROPERTY COMMONLY KNOWN AS "SALT CREEK MARSH THORNDALE AVENUE" FOR FOREST PRESERVE DISTRICT PURPOSES BY THE FOREST PRESERVE DISTRICT OF DUPAGE COUNTY PROJECT #SC1, PARCEL #1 WHEREAS, the Statutes of the State of Illinois to such matters pertaining provide that forest preserve districts shall have the power to acquire lands in fee simple within such districts containing one or more natural forests or parts thereof, or lands connecting such forests or parts thereof, or lands capable of being forested, or capable of being restored to a natural condition, for the purpose of protecting and preserving the flora, fauna and scenic beauties within such district, and to restore, restock, protect and preserve the natural forests and such lands together with their flora and fauna, as nearly as may be, in their natural state and condition, for the purpose of the education, pleasure and recreation of the public; or for the consolidation of such preserves into unit areas of size and form convenient and desirable for public use and economical maintenance and improvement; and when in the judgment of the Board of Commissioners the public access, use and enjoyment of such preserves will be served by connecting any such preserves with forested ways or links, or lands for connecting links of such width, length, and location as the Board of Commissioners deems necessary or desirable; may acquire lands in fee simple along or enclosing water courses, drainage ways, lakes, ponds, planned impoundments or elsewhere which, in the judgment of the Board of Commissioners, are required to store flood waters, or control other drainage and water conditions and necessary for the preservation of ground water and forested areas acquired or to be acquired as preserves; or may acquire in fee simple unforested land adjacent to forest areas but incidental to the use and protection thereof; and WHEREAS, the President and Board of Commissioners of the Forest Preserve District of DuPage County, Illinois, deem it advisable and to the public interest and welfare to acquire fee simple title to more real estate within said District for one or more of the above purposes; and WHEREAS, the President and Board of Commissioners of the Forest Preserve District of DuPage County, Illinois, by Ordinance No approved this same date, authorized the execution of a Contract for Sale and Purchase of Real Estate ( Contract ) for the subject property legally described in Exhibit A and depicted in Exhibit B attached hereto, and further authorized the Attorney for the Forest Preserve District to take the necessary steps to acquire fee simple title to the real estate; and WHEREAS, pursuant to the executed Contract, the Forest Preserve District, at closing, will become obligated to pay the purchase price as adjusted by proper prorations, after determining that the title commitment is in proper condition to authorize settlement and closing; and WHEREAS, Forest Preserve District Ordinance No has been fully complied with by the Forest Preserve District of DuPage County, Illinois, and a copy of the District s Environmental Narrative Report is attached hereto and made a part hereof as Exhibit C. NOW, THEREFORE, BE IT ORDAINED by the President and the Board of Commissioners of the Forest Preserve District of DuPage County, Illinois as follows: 1. That the recitals set forth above are hereby adopted and incorporated into this Ordinance Ordinance

6 2. That it is necessary and desirable that the real estate described herein in Exhibit A and depicted by Exhibit B attached hereto be acquired by the Forest Preserve District of DuPage County, Illinois for one or more of the purposes set forth. 3. That the President and Board of Commissioners of the Forest Preserve District of DuPage County, Illinois, acting through their authorized agent and attorney be, and they hereby are, empowered to take the necessary steps to acquire title to the real estate described in Exhibit A and depicted in Exhibit B attached hereto. 4. That the Attorney and Staff of the Forest Preserve District of DuPage County, Illinois, are hereby authorized to take the necessary steps to acquire title to the subject real estate described herein, after determining that the title commitment is in proper order. 5. That upon written direction from the Attorney for the Forest Preserve District of DuPage County, Illinois, the Treasurer of the Forest Preserve District of DuPage County is authorized to issue a check, draft or wire transfer in the amount of Two Hundred Forty Thousand and NO/100 Dollars ($240,000.00), as adjusted by proper prorations determined by the Forest Preserve District s Attorney, made payable to the owner of the subject real estate or as otherwise directed by the Forest Preserve District s Attorney. 6. That the Staff of the Forest Preserve District of DuPage County, Illinois are authorized to take the necessary steps after acquiring the real estate, to properly remove said real estate from the general real estate tax rolls. 7. That the Secretary of the Commission be and hereby is authorized and directed to transmit a copy of this Ordinance to the Treasurer, Executive Director, Director of Finance, Land Preservation Manager and William J. Fenili, Attorney at Law, 305 S. Hale Street, Wheaton, Illinois 60187, respectively. Additionally, the Secretary of the Commission may provide certified copies of said Ordinance upon proper request from the general public. PASSED AND APPROVED by the President and Board of Commissioners of the Forest Preserve District of DuPage County, Illinois on this day of, APPROVED: President ATTEST: Secretary Ordinance

7 LEGAL DESCRIPTION THOSE PARTS OF OUTLOTS A AND D IN HAMILTON LAKES BUSINESS PARK, BEING A SUBDIVISION IN SECTION 4, TOWNSHIP 40 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN AND OF OUTLOT A IN CHANCELLORY BUSINESS PARK RESUBDIVISION NO. 5, BEING A RESUBDIVISION OF LOTS 1 AND 2 AND OUTLOT F IN CHANCELLORY BUSINESS PARK RESUBDIVISION NO. 4, BEING ARESUBDIVISION OF LOTS 9 AND 10 AND OUTLOT B OF HAMILTON LAKES BUSINESS PARK, BEING A SUBDIVISION IN SECTION 4, TOWNSHIP 40 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE, COUNTY, ILLINOIS, BEARINGS BASED ON ILLINOIS STATE PLANE COORDINATES, EAST ZONE, NAD83 IL12, LYING WEST OF A LINE DESCRIBED BY BEGINNING AT A POINT ON THE NORTH LINE OF OUTLOT D IN HAMILTON LAKES BUSINESS PARK AT A POINT FEET EAST OF THE NORTHWEST CORNER OF SAID OUTLOT D; THENCE SOUTH 00 DEGREES 28 MINUTES 11 SECONDS WEST, PARALLEL WITH THE WESTERNMOST LINE OF SAID OUTLOT D, FEET, THENCE SOUTH 34 DEGREES 43 MINUTES 52 SECONDS EAST FEET; THENCE SOUTH 00 DEGREES 28 MINUTES 22 SECONDS WEST FEET; THENCE SOUTH 63 DEGREES 14 MINUTES 24 SECONDS EAST FEET; THENCE SOUTH 26 DEGREES 24 MINUTES 14 SECONDS EAST FEET; THENCE SOUTH 02 DEGREES 10 MINUTES 02 SECONDS EAST FEET; THENCE SOUTH 20 DEGREES 38 MINUTES 24 SECONDS WEST FEET; THENCE SOUTH 02 DEGREES 10 MINUTES 02 SECONDS EAST FEET TO THE SOUTH LINE OF OUTLOT A IN HAMILTON LAKES BUSINESS PARK AT A POINT FEET EAST OF THE SOUTHWEST CORNER OF SAID OUTLOT A FOR THE TERMINATION OF SAID LINE, ACCORDING TO THE PLAT OF HAMILTON LAKES BUSINESS PARK RECORDED AS DOCUMENT R AND THE PLAT OF CHANCELLORY BUSINESS PARK RESUBDIVISION NO. 5 RECORDED AS DOCUMENT R IN DUPAGE COUNTY, ILLINOIS. P.I.N #: (Part) (Part) (Part) EXHIBIT A

8 CARLISLE AV RIDGE AV Location Map - Salt Creek Marsh - Hamilton Lakes Business Park Owners Association DEVON AV Salt Creek Marsh PIN's (P) (P) (P) ACRES /- LEWIS DR PAN AM BLVD THORNDALE AV THORNDALE AV MITTEL DR FPD Bounds Subject Property Feet Land Preservation Department. EXHIBIT B

9 Interoffice Memo Date: 8/30/2017 To: Cc: Kevin Stough, Land Preservation Manager Rebecca Brzycki, Land Preservation Specialist From: Jennifer Meyer, Land Preservation Specialist Re: Environmental Narrative Report FPD Project #: SC1/1 Salt Creek Marsh (Hamilton Lakes) PIN: (pt), (pt), and (pt) Location: Along east bank of Salt Creek - North of Thorndale Rd. and South of Devon Ave, Itasca On August 25 th, 2017, I performed an environmental site inspection of the Hamilton Lakes property at Salt Creek Marsh. A path that runs North/South near the east boundary of the property was used to access various parts of the property located closer to Salt Creek. The property is vacant and fully vegetated, containing mostly wetland grasses and some wooded areas. There are three detention ponds located immediately east of the property one towards the south end, one midway, and one towards the north end. All three have overflow spillways that lead west over the trail and onto the subject property. About 100 +/- west of the south detention pond is a concrete drainage pipe outlet that leads towards Salt Creek. Pieces of concrete rip rap are located at the outlet point, around the outlet pipe, and at the base of a nearby tree. A short distance west of the north detention pond is a corrugated drainage pipe outlet leading west towards Salt Creek. Dirt, rocks and some bricks were located at the outlet point. No other items of concern were identified. Pictures are attached. EXHIBIT C

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