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HomeMy WebLinkAboutMinutes - 12/9/1998 - Finance and Personnel Committee . ' ��c-09-98 04:07P Northwest Management P.02 , . � ..__----- .___._. __ . .—. ,`�,�,�1�:, ,�:; I'KOF'FRTY & FINANCIAI, MANAC�EMFN'[' � ���i/;�.��-�;���, ;��'ir�;ini:i Itcr,i�t � �'ty'.:(;�l I:�k�•, Illitiuin�+��IrJ l • til:�-I��!�`ll'•'�� � � � IDecember 9 ,. i998 � I 'i0: Finance & Personnel Cominittee - City of McHenry FROM: Ftobert Bergland, Managinq Agent - waters Edge I Condominium Associ.ation Waters Edge III Condominium Associatioi� RE: THORNWOOD DRAINAG�; DITCIi I 'The put'pose of this memo is �o prav�de everyone cor�cerned w�tt: ' the background infor�nation concerning this project and our z'equest for r�imbursement currently befoYe the City Council . Duririg T.he summer of 1994 , �i�y two clients, W�ters ECige I and I Waters Eci9E TII approacYi�d the City regarding the drainage area ex�ending bet.ween Thornwood nrive and WaLPrs Edge Drive which was ; ir� a serious state of disrepair and represent.ed a poter�tial hazard. It is important to note that we �pproached the City concerning this ar�a, not vice versa. We asked the Cit.y to ; repair t:�is area inasmuc.h as it represented the primary [:�eth�d of draining storm water in a westerl.y direction from a large expanse of the t:ity �f McHenry. After several meetings and clis�ussions with the Cit�►, we ��rere told that th� City had no oblir�ation to i maintaln this area, since no aasement exi�ted. I � I It is important. to keep in mind that this drai�:�age ditch flows � throi�gh two separ�r.e legal ent�ties, Waters EdgF = C�r�do � Assor.iation an�� W�ters Edge III Condo ASsociation. waters c�dge 1 III is located along Thornwood Drive and it repre�ent:� Lhe upper � half of the drainage area {Boone Va31ey ?lat #14 } , The Iower � half �f the draina��e area runs thru wate��s F.dge I Condo Assoc�ati�n {Boor�P Valley Pl.at �13) and termin�tes by going undPi-neatl'i W�t.ers Edge Drive, and eventual.ly f�owir.g into the i creek on the wQst side of water� Erlge Driv�, . The develooer a.nstalled a concrete ditch which ovex the years fell apart d�aP to erosi �n ariCi thF freeze/thaw action of the winter/summer cyc2e. � Durina our cii.scussions with the City, we were contin�lally tc�ld there was no easement . T do not believe the City purposely mislead us. Instead, we were concentratinq on the upper half , i the waters Edge I:I area which, in fact, did not have an easEment recAtded. We then agreeci that we would pay 50$ of the �:ost to ! bui.ld a permanent solutian (versus a less costly repait ) to the drainage problem and the City would AaY the other 50� pl,us t'�e � � . .. .---�----.._.... . ....__._...... J '�e�-09-98 04:07P Northwest Mana�ement P.03 � engineering fees . Thts agreemer.t was baseci on `.he assum�ticn theze never w�s an easement , even thoug,'� �1 slg;1] fl�ant portion of storm water was being cirainec3 through nur property via :his c:rainage ditch. On be:�alf of n�y ciients �nd the City of McHenry we rcquPstec bi�s tor t.his praject from several contractor. s based on the spec�f.ic..�tions provid2d hy the Cit.y' s engineering firm. T'�e contr�c;t�r �•�as chosen at substantlally :.ess cast than w�s budgeted for this pzoject . The system was iiistallec; and t�7e latzdsr.aping returned to nvrmal �f�er some effor. � on our pait . We then went L'o follow Lhrough on creating the easement that suppo��c}ly Ta2vPr exi.sted. This is wnen we callec� f�r a t�t2e seaL�ch anc.i from t.hat t.�tle sParr.h discovered that chere was in far..t. a .�torm sewPr easement c�reateci far the Iawer half ( Boone Valley �lat #13 } whir_h was the f irst we learned tYiat an c�a�>ement had Pxis.eci s�r�ce 1978 and conf�.rmed what we felt was the City' :� obiiga�.i����z �12 �long to maintain this dr�inage area . Additiana�.ly, since an easemen� had been cre�ted �n �he lower half of '.his drainage area and it would cn'y make sznse th��t an �' ease�zient. should h�vs been createci for the upper half to complete / the drainac�e systen► running between Thornwoo� Drive and Waters &clge Dr ive - The enr.�.z-P c.ost o: this construction was $59 , 767 . �G cf rrr�ich tr.e City p�ici �29 ,883 . SO _ On ��e.`.aZf of my cli�nta, +�a±ers Edae I and Waters Edye III Condominium Assocxations , we are he�el�y reques�ir,g reimbursemen� of the o��her 50$ , $29,£�3 . 50 foz- the wot'k doi�e in i995 . cc : Waters Edge F Board of Directors Waters Edge III Bo�rd o� Directors Robert nesbit , KOVITZ SHIFRIN & WAITZMAN �