12-0057
2
title it seeks to acquire in the parcels, and it is necessary for IDOT to acquire said property to effect the described improvements.
IDOT has been unable to acquire the title it needs from ComEd to complete this project and therefore seeks to acquire the property under the eminent domain laws of Illinois. (Id. ¶8). Section 10-5-10 of the Act requires IDOT to obtain Commission approval prior to the taking or damaging of ComEd’s property, as described in Exhibits A and B. IDOT requests that the Commission approve the taking of the property by exercise of the right of eminent domain. (Id. ¶9).
Each party was represented by counsel and the parties submitted an agreed order approving the taking. On February 29, 2012, the record was marked “Heard and Taken.”
IDOT Position
The unresolved issue in this Docket is whether ComEd would sign off on an Affidavit of Title or other conveyance documents. The issue concerning the affidavit centers upon whether any other non-record claimants or unknown owners could or might claim title to the land and/or an interest in the proceeds to be paid by IDOT. IDOT is not satisfied with the quality of the title that ComEd would agree to convey to IDOT.
US 14 is being widened and improved from West Lake Shore Drive to Crystal Lake Avenue to Lucas Road in McHenry County and IDOT seeks to acquire the property in question for any and all highway related matters. IDOT unsuccessfully attempted to acquire the permanent easements it needs from ComEd, and that IDOT is still trying to acquire the easements for any and all highway purposes. (Id. at 102-103).
ComEd Position
IDOT and ComEd agree that IDOT may acquire a permanent easement for highway purposes as to Parcel No. 1CV1035PE consisting of 0.343 acres or 14,941 square feet, of which 0.156 acres or 6,795 square feet was previously used or dedicated right-of-way, legally described in Exhibit A attached to the Petition, and a permanent easement for highway purposes to Parcel No. 1CV1056PE consisting of 0.405 acres or 17,642 square feet, of which 0.156 acres or 6,795 square feet was previously used or dedicated right-of-way, legally described in Exhibit B attached to the Petition, and further agree on the amount of compensation IDOT will pay to acquire the property from ComEd based upon an appraisal of the property. IDOT and ComEd also agree that for purposes of this settlement only, and for no other purpose or proceeding, the permanent easements to be acquired by IDOT in the eminent domain proceeding will be subject to the terms and conditions of a certain master agreement between the parties.
Commission Analysis and Conclusions
IDOT seeks two (2) permanent easements from ComEd in order to complete repairs and to improve US 14, West Lake Shore Drive to Crystal Lake Avenue to Lucas
