HB5247ham001 103RD GENERAL ASSEMBLY

Rep. Jenn Ladisch Douglass

Filed: 3/27/2024

10300HB5247ham001 LRB103 38623 JRC 71477 a

AMENDMENT TO HOUSE BILL 5247

AMENDMENT NO. ______. Amend House Bill 5247 by replacing everything after the enacting clause with the following:

"Section 5. The Eminent Domain Act is amended by adding Section 25-5-130 as follows:

(735 ILCS 30/25-5-130 new)

Sec. 25-5-130. Quick-take; City of Elmhurst; North York Road.

(a) Quick-take proceedings under Article 20 may be used for a period of 2 years after the effective date of this amendatory Act of the 103rd General Assembly by the City of Elmhurst for the acquisition of the following described property for the purpose of road construction: Route: North York Road Section: 17-00188-00-SW Job No.: C-91-186-20 County: DuPage Parcel: 0002 Owner: NXE Properties, LLC Pin No.: 03-35-406-048 That part of Lot 1 in County Clerk's Assessment Division of Lots 1 and 2 of North Elmhurst Third Addition to the Village of Elmhurst, being a subdivision in the East Half of the Southeast Quarter of Section 35, Township 40 North, Range 11 East of the Third Principal Meridian, according to the plat thereof recorded April 8, 1927 as document R233179, described as follows: Commencing at the northwest corner of said Lot 1; thence South 61 degrees 59 minutes 07 seconds East, (bearings based on Illinois State Plane Coordinates System, NAD83, East Zone), being the northerly line of said Lot 1, a distance of 194.85 feet to the Point of Beginning; Thence continuing South 61 degrees 59 minutes 07 seconds East, along said northerly line, 53.14 feet to a point 10.00 feet west of the northeast corner of said Lot 1; thence South 04 degrees 00 minutes 07 seconds East, along a line that commences at the southeast corner of said Lot 1 and ends at a point 10.00 feet west of the northeast corner of said Lot 1, said line herein after referred to as Line "A", a distance of 40.63 feet; thence South 85 degrees 59 minutes 53 seconds West, perpendicular to the last course, 5.00 feet to a point on a line 5.00 feet west of and parallel with Line "A"; thence North 04 degrees 00 minutes 07 seconds West, along said parallel line, 33.40 feet; thence northwesterly 9.30 feet, along the arc of a non-tangent circle to the left, having a radius of 39.00 feet and whose chord bears North 52 degrees 45 minutes 22 seconds West, 9.28 feet to a point of tangency; thence North 59 degrees 35 minutes 15 seconds West, 7.04 feet to a point on a line 7.00 feet southerly of the northerly line of said Lot 1; thence North 61 degrees 59 minutes 07 seconds West, along said parallel line, 36.54 feet; thence North 28 degrees 00 minutes 53 seconds East, perpendicular to the last course, 7.00 feet to the Point of Beginning, situated in the County of DuPage and the State of Illinois. Said Parcel Containing 565 square feet or 0.013 acres, more or less. Dated: February 6, 2024

Route: North York Road Section: 17-00188-00-SW Job No: C-91-186-20 County: DuPage Parcel: 0002TE Owner: NXE Properties, LLC Pin No.: 03-35-406-048 That part of Lot 1 in County Clerk's Assessment Division of Lots 1 and 2 of North Elmhurst Third Addition to the Village of Elmhurst, being a subdivision in the East Half of the Southeast Quarter of Section 35, Township 40 North, Range 11 East of the Third Principal Meridian, according to the plat thereof recorded April 8, 1927 as document R233179, described as follows: Commencing at the northwest corner of said Lot 1; thence South 61 degrees 59 minutes 07 seconds East, (bearings based on Illinois State Plane Coordinates System, NAD83, East Zone), being the northerly line of said Lot 1, a distance of 194.85 feet; thence South 28 degrees 00 minutes 53 seconds West, perpendicular to the last course, 7.00 feet to a point on a line 7.00 feet southerly of the northerly line of said Lot 1, said point also being the Point of Beginning; Thence South 61 degrees 59 minutes 07 seconds East, along said parallel line, 36.54 feet; thence South 59 degrees 35 minutes 15 seconds East, 7.04 feet to a point of curvature; thence southeasterly 9.30 feet, along the arc of a tangent circle to the left, having a radius of 39.00 feet and whose chord bears South 52 degrees 45 minutes 22 seconds East, 9.28 feet to a point on a line 5.00 feet west of and parallel with Line "A"; Line "A" is defined as a line that commences at the southeast corner of said Lot 1 and ends at a point 10.00 feet west of the northeast corner of said Lot 1; thence South 04 degrees 00 minutes 07 seconds East, along said parallel line, 16.42 feet; thence South 85 degrees 59 minutes 53 seconds West, perpendicular to the last course, 5.00 feet to a point on a line 10.00 feet west of and parallel with Line "A"; thence North 04 degrees 00 minutes 07 seconds West, along said parallel line, 14.43 feet; thence northwesterly 6.25 feet, along the arc of a non-tangent circle to the left, having a radius of 34.00 feet and whose chord bears North 54 degrees 19 minutes 23 seconds West, 6.24 feet to a point of tangency; thence North 59 degrees 35 minutes 15 seconds West, 6.94 feet to a point on a line 12.00 feet southerly of the northerly line of said Lot 1; thence North 61 degrees 59 minutes 07 seconds West, along said parallel line, 36.43 feet; thence North 28 degrees 00 minutes 53 seconds East, perpendicular to the last course, 5.00 feet to the Point of Beginning, situated in the County of DuPage and the State of Illinois. Said Parcel Containing 333 square feet or 0.008 acres, more or less. Dated: February 6, 2024

(b) This Section is repealed 3 years after the effective date of this amendatory Act of the 103rd General Assembly.

Section 99. Effective date. This Act takes effect upon becoming law.".