HomeMy WebLinkAboutMinutes - 12/1/1998 - Finance and Personnel Committee -,_�
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PUBLIC WORKS DEPARTMENT
Memorandum
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3 1998
TO: John Lobaito
CITY OF McHENRY
FROM: Fred Batt AUMINISTRATION
DATE: Decem er l, 1998
SUBJECT: Thornwood Drainage Ditch Report
At the last City Council meeting we were asked to do a report regazding the subject project. This
was a result of a request by the Property Management Association during the public input
portion of the meeting. It was alleged that this work was a shared project with the homeowner's
association because no drainage easement existed on the property between Thornwood and
Waters Edge Drive.
The original drainage ditch was installed with a paved bottom in 1978. The original Baxter and
Woodman review of the area engineering was done in November 1977 and they commented
about the ditch stating "The flow coming out of a 30 inch pipe will cause severe erosion if
permitted to discharge into a ditch having a grade on the order of 4%." The Council approved
the final plats of Boone Valley 12 and 13 on November 21, 1977 with the stipulation that the
engineering comments comply with Baxter and Woodman's recommendations. It is not known
whether the ditch plan Baxter and Woodman reviewed depicted the ditch that was installed.
The issue of pavement failure at the bottom of the ditch was brought to light by Dartmoor
residents abutting the ditch property (belonging to the two condominium associations) in 1993.
This office had no record of any easements to maintain the ditch and contacted Northwest
' Property Management in July of 1993 to see if they had any record of easements. We also
notified them we did not intend to repair the problem that developed unless they had a record of
easements. In the same year and month Smith Engineering sought a repair proposal from Les
Berquist to repair the ditch.
Mrs. Mary Graziano of 319 Thornwood prompted further legal investigation of the situation in
early August of 1993. In mid-August, 1993 Bob Bergland of Northwest Property advised on
behalf of Waters Edge I and III Condominium Associations that he requested their attorneys to
look into this matter(presumably the responsibility for maintenance). On September 29, 1993
the City Council discussed the Waters Edge drainage problem in executive session. In
subsequent open session(on the 29�') Jerry Peterson was directed to contact the property owners
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to see if they would have money available to make repairs and then the City would maintain the
drainage ditch after repairs were made.
In December 1993 Baxter and Woodman investigated erosion problems at the ditch. In October
1994 it was reported to Council a resolution had been formulated for repairs to the ditch with
Northwest Property Management whereby:
1. The City would pay for the engineering.
2. Northwest Property Management would request proposals for the work.
3. McHenry would pay half the cost with the two associations sharing the
other half equally. (The Associations capped the cost at$100,000 for all
repairs.)
4. The Associations would then deed the system to McHenry for maintenance
except landscaping.
The Council (on October 5, 1994)then acted to approve an Engineering Agreement with Baxter
and Woodman in an amount not to exceed $6,000. Note: During the year or so it took to
develop the proposal, the City fenced the area off from public access. It is also noted repairs
considered the "pipe"that was eventually installed as well as other options.
On October 19, 1994 a formal agreement was entered into with Baxter and Woodman to design
the project repairs. Total engineering costs by late November were capped at $6,437.80. On
December 5, 1994 Northwest Property began seeking construction proposals. They advised the
City on December 29th that Berger Excavating submitted the lowest cost proposal in the amount
of$58,221. Work began in February 1995 and was inspected by City staff after paying $774 to
Baxter and Woodman to stake the project. The final project construction cost was $59,767.00
and final payment was made to Northwest Property by the City after October 9, 1995.
Since then we have had conversations regarding the easement. It is noted that the copy of Boone
Valley Plat 13 and the copy of exceptions to a Title Policy that were presented to the City
Council on November 23, 1998 as being evidence that an easement exists are not necessarily
evidence of same. The plat for Boone Valley 13 contains no reference of dedication for
easements, public rights of way or any property to the City for any purpose. An easement
entitled "20 foot Storm Sewer Easement" and "50 foot(or maybe 60 feet) Storm Sewer
� Easement" is depicted on the recorded plat, however,there is no language on the plat to show in
whose favor it is to be dedicated if that was the intent. On the other hand, written utility
easement provisions for Commonwealth Edison and Illinois Bell Telephone are shown on the
same plat. We have also never seen evidence of any easement document between Boone Valley
13 and Thornwood Drive.
The following documents are attached:
1. A file copy of Boone Valley Plat No. 13 bearing the Recorder's number reference in the
Title Policy page presented the Council meeting.
2. A file copy of Boone Valley Plat No. 14 showing no easement for drainage in the area of
the ditch.
3. An "As Built" Sewer and Watermain Plan dated October 17, 1978, showing a"20" foot
existing easement and a"20" foot proposed easement in the ditch area. NOTE: We have
not seen a document dedicating either of these easements.
FCB:ch
Attachments
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