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AUTHORITY TO ACCEPT AT MINIMUM 4.106 ACRES OF PROPERTY FROM THE CHICAGO TRANSIT AUTHORITY AND ENTER INTO AN INTERGOVERNMENTAL AGREEMENT TO TRANSFER APPROXIMATELY 4.106 ACRES OF FERNWOOD PARKWAY PARK (1215) TO THE CHICAGO TRANSIT AUTHORITY FOR THE CTA RED LINE EXTENSION PROJECT
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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 at minimum 4.106-acres of property for parks from the Chicago Transit Authority and to adopt a resolution authorizing the transfer of a 4.106 acre portion of Fernwood Parkway Park (1215) 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.
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 Transit Authority has launched a major initiative known as the Red Line Extension Project (RLE) that would add new transit service on Chicago’s Far South Side by extending the Red Line CTA’s busiest rail line south from the 95th Terminal to 130th Street in Chicago. The project will affect a portion of Fernwood Parkway Park (1215) located between 99th and 103rd Streets that is managed and owned by the Chicago Park District.
In exchange for the 4.106-acre portion of Fernwood Parkway Park (1215) located at 9903 South Eggleston Avenue, the Chicago Transit Authority in cooperation with the Chicago Park District has identified several properties for the development of replacement park acreage (Exhibit A) at a minimum of an ‘acre-for-acre exchange’ in Chicago.
The replacement park sites total at minimum 4.106 acres and provide a variety of opportunities to add new park space. These locations may be amended as each location will vary depending on private land acquisition from CTA and environmental conditions of the site. The CTA is required to complete Environmental Site Assessments (ESA) and obtain an Illinois Environmental Protection Agency (EPA) No Further Remediation Letter is required based on the results of the ESA. In addition, all replacement park will be developed as passive open space that includes clean soil, properly graded with grass and fencing at the sole cost of the CTA. The parcels identified in Exhibit A have been mutually identified by the CTA and the Chicago Park District as parcels that would be acceptable as park property and currently total more than 4.106 acres until such time as acquisition of parcels has been secured.
The Park District may accept more than the 4.106 acres from the CTA and all replacement parks are to be conveyed to the Park District on or before December 31, 2030.
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: The Chicago Park District’s Ethics Code, Chapter III of the Code of the Chicago Park District, shall be incorporated into and made part of the agreement.
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).