R2021-46 Resolution Authorizing Legal Proceedings for Condemnation of Parcel 57b, Located at 4147 East Faries Parkway and 4000 East Logan Street, for the Brush College Road over Faries Parkway Grade Separation Project

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4/1/2021 Item Coversheet 1� Public Works DATE: 2/5/2021 MEMO: 2021-15 TO: Honorable Mayor Julie Moore Wolfe and City Council Members FROM: Scot Wrighton,City Manager Matt Newell,P.E.,Public Works Director SUBJECT: Resolution Authorizing Legal Proceedings for Condemnation of Parcel 57a Located at 3941 East Faries Parkway,for the Brush College Road Over Faries Parkway Grade Separation Project SUMMARY RECOMMENDATION: It is recommended that the City Council approve the attached Resolutions authorizing the following actions as part of the property acquisition process for the Brush College Road Grade Separation Project: 1. A Resolution authorizing legal proceedings for condemnation of Parcel 57a located at 3941 E.Faries Parkway. 2. A Resolution authorizing legal proceedings for condemnation of Parcel 57b located at 4147 E.Faries Parkway and 4000 E.Logan Street. 3. A Resolution requesting Quick Take authority to acquire Parcel 57a, located at E. Faries Parkway. 4. A Resolution requesting Quick Take authority to acquire Parcel 57b,located at 4147 E.Faries Parkway and 4000 E. Logan Street. 5. A Resolution authorizing Quick Take authority to acquire the property located at 1880 North Brush College Road. BACKGROUND: On August 7,2017,the City entered into an agreement with Crawford,Murphy&Tilly,Inc. (CMT)to perform land acquisition services for the Brush College Road Improvement Project using Illinois Jobs Now! funds provided by the State of Illinois. On June 5,2018,the City received the announcement of the award of a$25 million grant through the Illinois Competitive Freight Program for the Brush College/Faries Parkway Grade Separation Project. The project to construct a grade crossing overpass on Brush College at Faries Parkway requires the purchase of 22 parcels of land with 14 different property owners. To date,all but 3 parcels are close to being acquired. Negotiations for the remaining 3 parcels are struggling. In recent discussions with area legislators,it was suggested that approval may be sought from the State Legislature for the City to secure the property rights prior to coming to a negotiated or legal settlement with the property owners. This is known as Quick Take authority. Under this authority,the City can take possession of the subject property and proceed with construction while negotiations or court action proceed to settle on a fair compensation. This allows the project to proceed and not be held up by stalled property negotiations. It still allows negotiations to continue although they no longer control the project schedule. The resolutions included with this memo formally request Quick Take authorization from the State Legislature and also authorize City staff to proceed with formal condemnation proceedings through court action for Parcels 57a and 57b. The condemnation proceedings will ultimately determine the fair value of the subject properties if a negotiated settlement cannot be obtained. The Properties In Question See the attached project map for parcel locations. Parcel 39: 1880 North Brush College Road Negotiations with the property owners began on February 15,2019. On July 6,2020,the City Council authorized City staff to initiate condemnation proceedings to take possession of this property. Within the past month,legal counsel for the property owner hftps:Hdecatur.novusagenda.com/AgendaWeb/CoverSheet.aspx?ltemlD=3297 1/2