TITLE
AUTHORITY TO ACCEPT AT MINIMUM 0.071 ACRES OF PROPERTY FROM THE CHICAGO TRANSIT AUTHORITY AND AMEND AN INTERGOVERNMENTAL AGREEMENT TO TRANSFER APPROXIMATELY 0.071 ACRES OF WENDELL SMITH PARK (272) TO THE CHICAGO TRANSIT AUTHORITY FOR THE CTA RED LINE EXTENSION PROJECT
BODY
To: The Honorable Board of Commissioners of the Chicago Park District
I. Recommendation
It is recommended that the Board of Commissioners of the Chicago Park District adopt an ordinance authorizing the acceptance of at minimum 0.071-acres of property for parks from the Chicago Transit Authority and to adopt a resolution authorizing the transfer of a 0.071 acre portion of Wendell Smith Park (272) to the Chicago Transit Authority. It is further recommended that the Board authorize the General Superintendent, or designee, to negotiate, enter into, and execute such agreements, amendments, indemnities, and instruments and perform any and all acts as shall be necessary or advisable in connection with the transaction described herein.
II. Agreement Information
Grantor: Chicago Transit Authority
567 West Lake Street
Chicago, IL 60661
Transfer Type: Land Exchange
Granting Instrument: Deed
Agreements: Intergovernmental agreement, and, if applicable, temporary right of entry, easements, restrictive covenants, and any other agreements or instruments necessary to comply with any restrictions of record for a portion or the entirety of the Property intended for the exchange between the Chicago Park District and the Chicago Transit Authority.
Authorization: Authorize the General Superintendent to negotiate, enter into, and execute such agreements, amendments to agreements, indemnities, and instruments and perform any and all acts as shall be necessary or advisable in connection with the transactions described herein, including compliance with existing easements, if any, filing of street and alley vacation or dedication applications, plats of dedication, and other applicable requirements. Authorize the General Counsel to include other relevant terms and conditions in the written agreements, amendments and transfer instruments. Authorize the Secretary to attest as to the signing of the Agreements and transfer instruments and keep an original copy of the Agreement on file.
III. Explanation
The Chicago Park District Board previously adopted an Ordinance and Resolution on October 11, 2023 approving the land exchange of property with the Authority for the Red Line Extension Project.
The Red Line Extension Project will add new transit service on Chicago’s Far South Side by extending the Red Line from the 95th Terminal south to 130th Street. Four new transit stations will be constructed as part of the project. The Authority received a Federal Transit Administration grant providing $1.97 Billion in support for the project.
The land exchange stipulates that the Park District would transfer 4.106-acres of Fernwood Parkway from 99th Street to 103rd Street to the Authority in exchange for an equal aggregate replacement amount from ten potential replacement locations identified for new parks or park expansions (Exhibit A and B). Federal guidelines require the Authority to provide an equal 1:1 replacement of land.
Replacement park locations will be developed as passive open space that includes clean soil, properly graded with grass and fencing at the sole cost of the Authority. Under the terms of the 2023 Intergovernmental Agreement, the Authority is required to provide a minimum of 4.106-acres of replacement parkland, conveyed to the Park District on or before December 31, 2030.
The alignment of the Red Line Extension Project has subsequently changed which now requires the Authority to acquire additional property from the Park District, impacting the northwest corner of Wendell Smith Park at 9912 S Princeton Avenue (Exhibit C). The re-alignment necessitates the acquisition of an additional 0.071-acres of the park in order to locate a support pier for the elevated rail structure. The removal of the impacted area does not impact the existing junior athletic ballfield within Wendell Smith Park.
The Authority agrees to provide an additional 0.071-acres of replacement land from the prior list of Potential Park Replacement Properties (Exhibit A), and deliver it within the same timeframe.
This action requires Park District Board approval of an Ordinance and Resolution for the land exchange, and an amendment to the existing 2023 Red Line Extension Intergovernmental Agreement.
Summary of Red Line Extension Land Exchange Acreage:
Chicago Park District Park Impacted acreage CTA replacement acreage Board Approval
Fernwood Parkway 4.106 4.106 10/11/2023
Wendell Smith Park 0.071 0.071
Total= 4.177 4.177
Pursuant to a right of entry from the Park District, the Authority will be utilizing a portion of Wendell Smith Park for temporary construction staging for an approximate duration of 3 years (Exhibit D). The staging area is necessary to bring trucks, equipment, and materials on to the property for assembly of the elevated rail structure. The construction staging area will require clearing of trees and space to maneuver trucks.
The Authority is committed to provide the full replacement cost for all trees removed from the property, which the Park District will use to replant new trees after the Authority has completed the project. The Authority will also provide construction best practices to protect park soils, provide construction vibration monitoring, and full restoration of the park.
In consideration for the inconvenience to park programming, the Authority will provide a contribution of $250,000 (may include federal funds) which would be used for park capital improvements at Wendell Smith Park. Specific projects will be determined in collaboration with the local community. Possible projects include ballfield upgrades playground rehab, pathway paving, and landscape improvements.
IV. General Conditions
1) Conflicts: The Agreement shall not be legally binding on the Chicago Park District if entered into in violation of the provisions of 50 ILCS 105, the Public Officer Prohibited Activities Act.
2) Ethics: This Agreement is subject to Chapter III of the Code of the Chicago Park District (“Governmental Ethics”).
3) Contingent Liability: Any agreement lawfully entered into for a period of more than one year shall be executory only for the amounts for which the Park District may become liable in succeeding fiscal years pursuant to Section 17(i) of the Chicago Park District Act, 70 ILCS 1505/17(i).