HomeMy WebLinkAboutMinutes - 12/9/1998 - Finance and Personnel Committee . ' ��c-09-98 04:07P Northwest Management P.02
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,`�,�,�1�:, ,�:; I'KOF'FRTY &
FINANCIAI, MANAC�EMFN'['
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IDecember 9 ,. i998
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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
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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
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'�e�-09-98 04:07P Northwest Mana�ement P.03
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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
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