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Public Act 093-0988 |
HB0837 Enrolled |
LRB093 05638 WGH 05731 b |
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AN ACT in relation to the Metropolitan Water Reclamation |
District.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Metropolitan Water Reclamation District Act |
is amended by changing Section 8c and by adding Section 295 as |
follows:
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(70 ILCS 2605/8c) (from Ch. 42, par. 327c)
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Sec. 8c. Every lease of property no longer or not |
immediately
required for corporate purposes of a sanitary |
district, from such
district to others for a term not to exceed |
99 years, in accordance with
Section 8 of this Act, shall be |
negotiated, created and executed in the
following manner:
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(1) Notice of such proposed leasing shall be published for |
3
consecutive weeks in a newspaper of general circulation |
published in
such sanitary district, if any, and otherwise in |
the county containing
such district.
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(2) Prior to receipt of bids for the lease under this |
Section, the
fair market value of every parcel of real property |
to be leased must be
determined by 2 professional appraisers |
who are members of the American
Institute of Real Estate |
Appraisers or a similar, equivalently
recognized professional |
organization. The sanitary district acting
through the general |
superintendent may select and engage an additional
appraiser |
for such determination of fair market value. Every appraisal
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report must contain an affidavit certifying the absence of any |
collusion
involving the appraiser and relating to the lease of |
such property.
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(3) Such lease must be awarded to the highest responsible |
bidder
(including established commercial or industrial |
concerns and financially
responsible individuals) upon free |
and open competitive bids, except
that no lease may be awarded |
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unless the bid of such highest responsible
bidder provides for |
an annual rental payment to the sanitary district of
at least |
6% of the fair market value determined under this Section.
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(4) Prior to acceptance of the bid of the highest |
responsible bidder
and before execution of the lease the bidder |
shall submit to the board
of commissioners and general |
superintendent, for incorporation in the lease,
a detailed plan |
and description of improvements to be constructed upon
the |
leased property, the time within which the improvements will be
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completed, and the intended uses of the leased property. If |
there is more
than one responsible bid, the board of |
commissioners may authorize and direct
the general |
superintendent to solicit from the 2 highest responsible |
bidders
written amendments to their prior bids, increasing |
their rental bid proposal
by at least 5% in excess of their |
prior written bid, or otherwise amending the
financial terms of |
their bid so as to maximize the financial return to the
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sanitary district during the term of the proposed lease. Upon |
the general
superintendent's tentative agreement with one or |
more amended bids, the bids
may be submitted to the board of |
commissioners with the recommendation of the
general |
superintendent for acceptance of one or rejection of all. The
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amendments may not result in a diminution of the terms of the |
transaction and
must result in an agreement that is equal to or |
greater in value than the
highest responsible bid initially |
received.
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(5) The execution of such lease must be contemporaneous to |
the
execution by the lessee, each member of the board of |
commissioners and the
general superintendent of an affidavit |
certifying the absence of any
collusion involving the lessee, |
the members and the general
superintendent and relating to such |
lease.
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(6) No later than 30 days after the effective date of the |
lease, the
lessee must deliver to the sanitary district a |
certified statement of
the County Assessor, Township Assessor |
or the county clerk of the county
wherein the property is |
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situated that such property is presently
contained in the |
official list of lands and lots to be assessed for
taxes for |
the several towns or taxing districts in his county.
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(7) Such lease shall provide for a fixed annual rental |
payment for the
first year not less than 6% of the fair market |
value as determined under
this Section and may be subject to |
annual adjustments based on changes in
the Consumer Price Index |
published by the United States Department of
Labor, Bureau of |
Labor Statistics, or some other well known economic
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governmental activity index. Any lease, the term of which will |
extend for
15 years or more, shall provide for a |
redetermination of the fair market
value (independent of |
improvements to the property subsequent to the
effective date |
of the lease) after the initial 10 years and every 10 years
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thereafter, in the manner set forth in paragraph (2) of this |
Section, said
redetermination to be as of the first day of each |
succeeding 10 year period,
and annual rental payments shall be |
adjusted so that the ratio of annual
rental to fair market |
value shall be the same as that ratio for the first
year of the |
preceding 10 year period. The rental payment for the first
year |
of the new 10 year period may be subject to Consumer Price |
Index or
other allowable index adjustments for each of the next |
9 years, or until
the end of the lease term if there are less |
than 9 years remaining.
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(8) A sanitary district may require compensation to be paid |
in addition to
rent, based on a reasonable percentage of |
revenues derived from a lessee's
business operations on the |
leasehold premises or subleases, or may require
additional |
compensation from the lessee or any sublessee in the form of
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services, including but not limited to solid waste disposal; |
provided,
however, that such additional compensation shall not |
be considered in
determining the highest responsible bid, said |
highest responsible bid to be
determined only on the initial |
annual rental payment as set forth in
paragraph (3) of this |
Section.
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(9) No assignment of such lease or sublease of such |
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property is
effective unless approved in writing by the general |
superintendent and
the board of commissioners of the sanitary |
district. No assignment or
sublease is effective if the |
assignee or sublessee is a trust
constituted by real property |
of which the trustee has title but no power
of management or |
control, unless the identity of the beneficiaries of
the trust |
is revealed, upon demand, to the general superintendent and
the |
board of commissioners of the sanitary district.
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(10) Failure by the lessee to comply with a provision in |
the lease
relating to improvements upon the leased property or |
any other provision
constitutes grounds for forfeiture of the |
lease, and upon such failure
the sanitary district acting |
through the general superintendent shall
serve the lessee with |
a notice to terminate the lease and deliver
possession of the |
property to the sanitary district within a particular
period.
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(11) If the general superintendent and the board of |
commissioners
conclude that it would be in the public interest, |
said sanitary district
may lease to the United States of |
America and the State of Illinois,
County of Cook, any |
municipal corporation, or any academic institution of higher
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learning which has been in existence for 5 years prior to said |
lease,
provided that such lease limit the institution's use of |
the leased land
to only those purposes relating to the |
operation of such institution's
academic or physical |
educational programs without complying with the
prior |
provisions of this section, upon such terms as may be mutually
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agreed upon, in accordance with an act concerning "Transfer of |
Real
Estate between Municipal Corporations", approved July 2, |
1925, as
amended, with provisions that such property is to be |
applied exclusively
to public recreational purposes or other |
public purposes and that such
lease is terminable in accordance |
with service of a one-year notice to
terminate after |
determination by the board of commissioners and the general
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superintendent that such property (or part thereof) has become |
essential
to the corporate purposes of the sanitary district.
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(Source: P.A. 91-248, eff. 1-1-00; 92-16, eff. 6-28-01.)
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(70 ILCS 2605/295 new) |
Sec. 295. District enlarged. Upon the effective date of |
this amendatory Act of the 93rd General Assembly, the corporate |
limits of the Metropolitan Water Reclamation District are |
extended to include within those limits the following described |
tracts of land and those tracts are annexed to the District. |
Parcel 1:
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THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 35 NORTH, |
RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT THAT |
PART TAKEN FOR ROAD PURPOSES IN RIDGELAND AVENUE AND EXCEPT |
THAT PART LYING IN THE MICHIGAN CENTRAL RAILROAD RIGHT OF |
WAY AND EXCEPT THE NORTH 208.71 FEET OF THE WEST 313.07 |
FEET OF THAT PART OF THE SOUTHEAST QUARTER OF SECTION 19 |
LYING SOUTH OF THE SOUTH RIGHT OF WAY OF U.S. ROUTE 30, ALL |
IN COOK COUNTY, ILLINOIS. |
Parcel 2: |
THE WEST 75 ACRES OF THE NORTHEAST QUARTER OF SECTION 15, |
TOWNSHIP 35 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL |
MERIDIAN, IN COOK COUNTY, ILLINOIS.
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Parcel 3: |
THE SOUTH 242.29 FEET (AS MEASURED ALONG THE EAST LINE) OF |
LOT 8 IN BLOCK 14 IN ARTHUR T. McINTOSH & COMPANY'S |
CRAWFORD COUNTRYSIDE UNIT NO. 2, BEING A SUBDIVISION OF THE |
SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 35 NORTH, RANGE |
13 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE |
PLAT THEREOF RECORDED JANUARY 23, 1952 AS DOCUMENT NO. |
15259571, IN COOK COUNTY, ILLINOIS; ALSO, THAT PART OF |
ADJOINING STREET. |
Parcel 4:
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HERBERT'S RESUBDIVISION OF LOT 9 IN BLOCK 14 IN ARTHUR T. |
McINTOSH & COMPANY'S CRAWFORD COUNTRYSIDE UNIT NO. 2, BEING |
A SUBDIVISION OF THE SOUTHEAST QUARTER OF SECTION 15, |
TOWNSHIP 35 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL |
MERIDIAN, IN COOK COUNTY, ILLINOIS; ALSO, THAT PART OF |
ADJOINING STREETS.
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Parcel 5:
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THE SOUTH 150 FEET (AS MEASURED ON THE EAST AND WEST LINES |
THEREOF) OF LOT 2 IN BLOCK 13 IN ARTHUR T. McINTOSH & |
COMPANY'S
CRAWFORD COUNTRYSIDE UNIT 2, BEING A SUBDIVISION |
OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 35 NORTH, |
RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING |
TO PLAT THEREOF RECORDED PER DOCUMENT NO. 15259571, IN COOK |
COUNTY, ILLINOIS; ALSO, THAT PART OF ADJOINING STREET.
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Parcel 6:
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THE EAST 100.0 FEET OF THE SOUTH 125.0 FEET OF LOT 4 IN |
BLOCK 13 IN ARTHUR T. McINTOSH AND COMPANY'S CRAWFORD |
COUNTRYSIDE UNIT NO. 2, BEING A SUBDIVISION OF THE |
SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 35 NORTH, RANGE |
13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, |
ILLINOIS; ALSO, THAT PART OF ADJOINING STREET.
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Parcel 7:
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THE WEST HALF OF THE SOUTH 125 FEET OF LOT 4, IN BLOCK 13, |
IN ARTHUR T. McINTOSH AND COMPANY'S CRAWFORD COUNTRYSIDE |
UNIT NO. 2, BEING A SUBDIVISION OF THE SOUTHEAST QUARTER OF |
SECTION 15, TOWNSHIP 35 NORTH, RANGE 13 EAST OF THE THIRD |
PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; ALSO, THAT |
PART OF ADJOINING STREET.
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Parcel 8:
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THE SOUTH HALF OF LOT 5, IN BLOCK 13, IN ARTHUR T. McINTOSH |
AND COMPANY'S CRAWFORD COUNTRYSIDE UNIT NO. 2, BEING A |
SUBDIVISION OF THE SOUTHEAST QUARTER OF SECTION 15, |
TOWNSHIP 35 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL |
MERIDIAN, IN COOK COUNTY, ILLINOIS; ALSO, THAT PART OF |
ADJOINING STREET.
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Parcel 9:
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LOT 15 (EXCEPT THE WEST 50.0 FEET THEREOF) IN BLOCK 12 IN |
ARTHUR T. McINTOSH AND COMPANY'S CRAWFORD COUNTRYSIDE UNIT |
NUMBER 2, BEING A SUBDIVISION OF THE SOUTHEAST QUARTER OF |
SECTION 15, TOWNSHIP 35 NORTH, RANGE 13, EAST OF THE THIRD |
PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; ALSO, THAT |
PART OF ADJOINING STREET.
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Parcel 10: |
THAT PART OF THE NORTHWEST QUARTER AND THE SOUTHWEST |
QUARTER OF SECTION TWENTY ONE, TOWNSHIP FORTY-ONE NORTH, |
RANGE NINE, EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED |
AND DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF |
SECTION TWENTY-ONE, AFORESAID; THENCE SOUTH 00 DEGREES 20 |
MINUTES 03 SECONDS WEST, BEING AN ASSUMED BEARING ON THE |
EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION |
TWENTY-ONE, A DISTANCE OF 567.31 FT. TO THE WESTERLY LINE |
OF JACOBS' FARM SUBDIVISION, RECORDED NOVEMBER 4, 1994 AS |
DOCUMENT NO. 94944947; THENCE SOUTH 38 DEGREES 21 MINUTES |
58 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID JACOBS' |
FARM SUBDIVISION, A DISTANCE OF 108.45 FT. TO THE APPARENT |
NORTHERLY RIGHT-OF-WAY LINE OF IRVING PARK ROAD (ALSO KNOWN |
AS ILLINOIS ROUTE 19); THENCE NORTH 57 DEGREES 29 MINUTES |
24 SECONDS WEST, ON SAID APPARENT NORTHERLY RIGHT-OF-WAY |
LINE, A DISTANCE OF 266.15 FT. (266.40 FT.=DEED) TO AN |
ANGLE POINT IN SAID RIGHT-OF-WAY LINE; THENCE CONTINUING |
NORTH 53 DEGREES 43 MINUTES 44 SECONDS WEST, ON SAID |
APPARENT NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 284.32 |
FT. TO AN ANGLE POINT IN SAID RIGHT-OF-WAY LINE; THENCE |
CONTINUING NORTH 51 DEGREES 25 MINUTES 54 SECONDS WEST, ON |
SAID APPARENT NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF |
657.65 FT. (657.68 FT.=DEED) TO THE MOST SOUTHERLY CORNER |
OF OUTLOT "H" IN STERLING OAKS UNIT TWO, RECORDED JULY 15, |
2002 AS DOCUMENT NUMBER 0020769602 AND AMENDED BY |
CERTIFICATE OF CORRECTION RECORDED AUGUST 12, 2002 AS |
DOCUMENT NUMBER 0020876507; THENCE NORTH 38 DEGREES 28 |
MINUTES 51 SECONDS EAST, ALONG THE SOUTHEASTERLY LINE OF |
SAID STERLING OAKS UNIT TWO, A DISTANCE OF 65.47 FT.; |
THENCE SOUTH 51 DEGREES 25 MINUTES 54 SECONDS EAST, A |
DISTANCE OF 69.76 FT.; THENCE SOUTH 39 DEGREES 05 MINUTES |
55 SECONDS EAST, DISTANCE OF 167.72 FT.; THENCE SOUTH 88 |
DEGREES 08 MINUTES 41 SECONDS EAST, A DISTANCE OF 150.79 |
FT.; THENCE NORTH 45 DEGREES 51 MINUTES 58 SECONDS EAST, A |
DISTANCE OF 145.34 FT.; THENCE NORTH 12 DEGREES 30 MINUTES |
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09 SECONDS EAST, A DISTANCE OF 85.19 FT.; THENCE NORTH 24 |
DEGREES 28 MINUTES 33 SECONDS EAST, A DISTANCE OF 147.51 |
FT.; THENCE NORTH 39 DEGREES 03 MINUTES 52 SECONDS EAST, A |
DISTANCE OF 248.14 FT.(248.33 FT=DEED); THENCE SOUTH 61 |
DEGREES 25 MINUTES 18 SECONDS EAST, A DISTANCE OF 46.86 FT. |
TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY 99.59 FT. |
ALONG THE ARC OF A CURVE, CONCAVE NORTHEASTERLY AND HAVING |
A RADIUS OF 180.0 FT., AND A CHORD DISTANCE BEARING OF |
SOUTH 77 DEGREES 16 MINUTES 17 SECONDS EAST, AND A CHORD |
DISTANCE OF SOUTH 98.32 FT. TO THE POINT OF TANGENCY; |
THENCE NORTH 86 DEGREES 52 MINUTES 44 SECONDS EAST, A |
DISTANCE OF 199.89 FT. TO THE EAST LINE OF THE NORTHWEST |
QUARTER OF SAID SECTION TWENTY-ONE; THENCE SOUTH 00 DEGREES |
20 MINUTES 03 SECONDS WEST, ON THE EAST LINE OF THE |
NORTHWEST QUARTER OF SAID SECTION TWENTY-ONE, A DISTANCE OF |
420.86 FT. TO THE POINT OF BEGINNING, IN HANOVER TOWNSHIP, |
COOK COUNTY, ILLINOIS, CONTAINING 16.612 ACRES MORE OR |
LESS. ALSO ALL THAT PART OF IRVING PARK ROAD (ALSO KNOWN AS |
ILLINOIS ROUTE 19) LYING SOUTHWESTERLY OF AND ADJOINING THE |
ABOVE DESCRIBED PROPERTY, ALL IN COOK COUNTY, ILLINOIS. |
Parcel 11: |
THAT PART OF SECTIONS EIGHT, SIXTEEN AND SEVENTEEN, |
TOWNSHIP 41 NORTH, RANGE NINE, EAST OF THE THIRD PRINCIPAL |
MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE |
INTERSECTION OF THE SOUTH LINE OF THE 100 FOOT WIDE |
RIGHT-OF-WAY OF GOLF ROAD (ILLINOIS ROUTE 58) AND THE EAST |
LINE OF THE 66 FOOT WIDE RIGHT-OF-WAY OF ROHRSSEN ROAD; |
THENCE SOUTH 16 DEGREES 32 MINUTES 42 SECONDS WEST ALONG |
THE EAST LINE OF SAID ROHRSSEN ROAD RIGHT-OF-WAY 310.04 |
FT.; THENCE NORTH 73 DEGREES 27 MINUTES 18 SECONDS WEST, |
66.00 FT. TO A POINT IN THE WEST RIGHT-OF WAY LINE OF SAID |
ROHRSSEN ROAD; THENCE SOUTH 89 DEGREES 36 MINUTES 01 |
SECONDS WEST, 807.31 FT.; THENCE NORTH 00 DEGREES 29 |
MINUTES 00 SECONDS WEST, 81.82 FT.; THENCE SOUTH 87 DEGREES |
13 MINUTES 49 SECONDS WEST, 725.00 FT.; THENCE NORTH 00 |
DEGREES 48 MINUTES 30 SECONDS WEST, 673.60 FT. TO A POINT |
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IN THE SOUTH LINE OF SAID 100 FOOT WIDE RIGHT-OF-WAY OF |
GOLF ROAD AFORESAID, SAID POINT BEING ON A 3947.40 FOOT |
RADIUS CURVE; THENCE EASTERLY ALONG SAID 3947.40 FOOT |
RADIUS CURVE TO THE RIGHT AN ARC DISTANCE OF 17.70 FT. TO A |
POINT OF TANGENCY IN SAID RIGHT-OF-WAY LINE; THENCE SOUTH |
75 DEGREES 16 MINUTES 32 SECONDS EAST, 1482.69 FT. TO A |
POINT OF CURVATURE IN SAID RIGHT-OF-WAY LINE; THENCE ALONG |
A 4126.70 FOOT RADIUS CURVE TO THE LEFT AN ARC DISTANCE OF |
181.70 FT. TO A POINT IN THE WEST RIGHT-OF-WAY LINE OF SAID |
ROHRSSEN ROAD; THENCE SOUTH 79 DEGREES 03 MINUTES 37 |
SECONDS EAST, 66.32 FT. TO THE POINT OF BEGINNING, TOGETHER |
WITH ALL THAT PART OF THE 100 FOOT WIDE GOLF ROAD |
RIGHT-OF-WAY LYING NORTH OF AND ADJACENT TO THE ABOVE |
DESCRIBED TRACT OF LAND, ALL IN COOK COUNTY, ILLINOIS, |
CONTAINING 21.94 ACRES MORE OR LESS.
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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