Rep. Patrick J Verschoore
Filed: 4/19/2007
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1 | AMENDMENT TO HOUSE BILL 1716
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2 | AMENDMENT NO. ______. Amend House Bill 1716, AS AMENDED, | ||||||
3 | immediately below the last line of Section 80, by inserting the | ||||||
4 | following:
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5 | "Section 85. Upon the payment of the sum of $4,766,666 to | ||||||
6 | the State of Illinois, Grantor, and subject to the conditions | ||||||
7 | set forth in Section 900 of this Act, the Secretary of the | ||||||
8 | Department of Transportation is authorized to convey by | ||||||
9 | quitclaim deed all right, title and interest in and to the | ||||||
10 | following described land in Cook County, Illinois, to the City | ||||||
11 | of Chicago, Grantee.
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12 | Parcel No. 0ZZ0737 | ||||||
13 | A parcel of land comprising parts of Lots 6, 7, 8, 9, 11, 22, 24 | ||||||
14 | and all of Lots 10 and 23 in Elijah K. Hubbard's Subdivision of | ||||||
15 | Block 16, and parts of Lots 6, 8 and all of Lot 7 in Elijah K. |
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1 | Hubbard's Subdivision of Block 15, together with part of | ||||||
2 | Vacated Cabrini Street and Vacated Arthington Street, all in | ||||||
3 | Section 16, Township 39 North, Range 14 East of the Third | ||||||
4 | Principal Meridian, described as follows: Commencing at a Iron | ||||||
5 | Pipe Found at the Northwest corner of Lot 11 in Elijah K. | ||||||
6 | Hubbard's Subdivision of Block 15; thence South 89 degrees 43 | ||||||
7 | minutes 02 seconds East along said South line of Vacated | ||||||
8 | Arthington Street, 30.00 feet; thence North 00 degrees 35 | ||||||
9 | minutes 07 seconds East along a line 30 feet East of and | ||||||
10 | Parallel to the West line of Lot 6 in Elijah K. Hubbard's | ||||||
11 | Subdivision of Block 15 extended southerly to a point on the | ||||||
12 | centerline of Vacated Arthington Street also being the Point of | ||||||
13 | Beginning; thence continuing North 00 degrees 35 minutes 07 | ||||||
14 | seconds East along a line 30 feet East of and Parallel to the | ||||||
15 | West line of said Lots 6 and 22 in Elijah K. Hubbard's | ||||||
16 | Subdivision of Block 15 and the West line of said Lots 6 and 11 | ||||||
17 | in Elijah K. Hubbard's Subdivision of Block 16, 500.53 feet to | ||||||
18 | a Point on the South line of Polk Street being 30 feet East of | ||||||
19 | the Northwest corner of Lot 6 in Elijah K. Hubbard's | ||||||
20 | Subdivision of Block 16; thence South 89 degrees 02 minutes 29 | ||||||
21 | seconds East along the South line of Polk Street, 100.00 feet | ||||||
22 | to the intersection with the West line of South Des Plaines | ||||||
23 | Street (as widened); thence South 00 degrees 35 minutes 07
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24 | seconds West, 499.35 feet to a point on the centerline of | ||||||
25 | Vacated Arthington Street; thence North 89 degrees 43 minutes | ||||||
26 | 02 seconds West along the centerline of Vacated Arthington |
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1 | Street, 100.00 feet to the Point of Beginning, in Cook County, | ||||||
2 | Illinois.
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3 | Containing 1.148 acres, more or less. | ||||||
4 | It is understood and agreed that there is no existing right of | ||||||
5 | access nor will access be permitted in the future by the State | ||||||
6 | of Illinois, Department of Transportation, from or over the | ||||||
7 | premises above described to and from FAI Route 90/94, | ||||||
8 | previously declared a freeway. | ||||||
9 | and, | ||||||
10 | The Property is conveyed AS-IS, WHERE-IS, WITH ALL FAULTS, AND | ||||||
11 | WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR | ||||||
12 | IMPLIED, AS TO ITS CONDITION, ENVIRONMENTAL OR OTHERWISE, OR | ||||||
13 | ITS SUITABILITY OR SUFFICIENCY FOR THE GRANTEE'S INTENDED USES | ||||||
14 | AND PURPOSES. Grantee acknowledges that adverse physical, | ||||||
15 | economic or other conditions (including without limitation, | ||||||
16 | adverse environmental soils and ground-water conditions), | ||||||
17 | either latent or patent, may exist on the property and assumes | ||||||
18 | the Grantor's responsibility for all environmental conditions | ||||||
19 | of the property, known or unknown, including but not limited to | ||||||
20 | responsibility, if any, for investigation, removal or | ||||||
21 | remediation actions relating to the presence, release or | ||||||
22 | threatened release of any hazardous substance or other |
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1 | environmental contamination relating to the property. The | ||||||
2 | Grantee also releases, covenants not to sue, and shall | ||||||
3 | indemnify, defend, and hold the Grantor and its past, present | ||||||
4 | and future officials, employees, and agents, harmless from and | ||||||
5 | against any and all claims, demands, penalties, fees, damages, | ||||||
6 | losses, expenses (including but not limited to fees and costs | ||||||
7 | of regulatory agencies, attorneys, contractors and | ||||||
8 | consultants), and liabilities arising out of, or in any way | ||||||
9 | connected with, the condition of the property including but not | ||||||
10 | limited to any alleged or actual past, present or future | ||||||
11 | presence, release or threatened release of any hazardous | ||||||
12 | substance in, on, under or emanating from the property, or any | ||||||
13 | portion thereof or improvement thereon, from any cause | ||||||
14 | whatsoever; it being intended that the Grantee shall so | ||||||
15 | indemnify the Grantor and such personnel without regard to any | ||||||
16 | fault or responsibility of the Grantor or the Grantee. The | ||||||
17 | obligation to complete all environmental investigation, | ||||||
18 | removal or remediation of the property and the | ||||||
19 | acknowledgements, releases, and covenants herein touch and | ||||||
20 | concern the property, are intended to run with the land and | ||||||
21 | bind the Grantee and Grantee's successors and assigns, and | ||||||
22 | inure to the benefit of the Grantor and its successors and | ||||||
23 | assigns. | ||||||
24 | For purposes of this COVENANT, the term "Hazardous Substance" | ||||||
25 | shall mean petroleum products and compounds containing them; |
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1 | flammable materials; radioactive materials; polychlorinated | ||||||
2 | biphenyls ("PCBs") and compounds containing them; lead; | ||||||
3 | asbestos or asbestos-containing materials in any friable form; | ||||||
4 | underground or above-ground storage tanks; and any substance or | ||||||
5 | material that is now or hereafter becomes regulated under any | ||||||
6 | federal, State, or local statute, ordinance, rule, regulation, | ||||||
7 | or other law relating to environmental protection, | ||||||
8 | contamination or cleanup. | ||||||
9 | The Grantee's release and covenant not to sue shall include | ||||||
10 | both claims by the Grantee as original plaintiff against the | ||||||
11 | Grantor and any cross-claims, third-party claims or other | ||||||
12 | claims against the Grantor by the Grantee based upon claims | ||||||
13 | made against the Grantee by any third parties. The obligation | ||||||
14 | to indemnify and defend shall include, but not be limited to, | ||||||
15 | any liability of the Grantor to any and all federal, State or | ||||||
16 | local regulatory agencies or other
persons or entities for | ||||||
17 | remedial action costs and natural resources damages claims. | ||||||
18 | This COVENANT means that the Grantee accepts the property | ||||||
19 | "as-is, where-is and with-all-faults," and that the Grantee | ||||||
20 | assumes all responsibility of the Grantor to investigate, | ||||||
21 | remove and remediate any contamination and other adverse | ||||||
22 | environmental conditions on the property, and has no recourse | ||||||
23 | against the Grantor or any of its officers, employees or agents | ||||||
24 | for any claim or liability with respect to the property. |
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1 | This COVENANT shall apply regardless of whether or not the | ||||||
2 | Grantee is culpable, negligent or in violation of any law, | ||||||
3 | ordinance, rule or regulation. Nothing herein shall release, | ||||||
4 | discharge or affect any rights or causes of action that the | ||||||
5 | Grantor or the Grantee may have against any other person or | ||||||
6 | entity, except as otherwise expressly stated herein, and each | ||||||
7 | of the parties reserves all such rights including, but not | ||||||
8 | limited to, claims for contribution or cost recovery relating | ||||||
9 | to any hazardous substance in, on, under or emanating from the | ||||||
10 | property. | ||||||
11 | Section 90. Upon the payment of the sum of $578,667 to the | ||||||
12 | State of Illinois, Grantor, and subject to the conditions set | ||||||
13 | forth in Section 900 of this Act, the Secretary of the | ||||||
14 | Department of Transportation is authorized to convey by | ||||||
15 | quitclaim deed all right, title and interest in and to the | ||||||
16 | following described land in Cook County, Illinois, to the City | ||||||
17 | of Chicago, Grantee.
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18 | Parcel No. 0ZZ0326
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19 | That part of the Southeast Quarter of Section 2, Township 37 | ||||||
20 | North, Range 14 East of the Third Principal Meridian, in Cook | ||||||
21 | County, Illinois, described as follows:
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22 | Commencing at the intersection of the north right of way line |
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1 | of 95th Street with the west right of way line of Stony Island | ||||||
2 | Avenue; thence on an assumed bearing of North 01 degree 24 | ||||||
3 | minutes 01 second West, on said west right of way line, 40.00 | ||||||
4 | feet to the Point of Beginning; thence South 43 degrees 29 | ||||||
5 | minutes 11 seconds West, 28.34 feet; thence South 88 degrees 22 | ||||||
6 | minutes 22 seconds West, parallel with the north right of way | ||||||
7 | line of said 95th Street, 246.08 feet; thence North 01 degree | ||||||
8 | 37 minutes 38 seconds West, 150.01 feet; thence North 88 | ||||||
9 | degrees 22 minutes 27 seconds East, 266.67 feet to the west | ||||||
10 | right of way line of said Stony Island Avenue; thence South 01 | ||||||
11 | degree 24 minutes 01 second East, on said west right of way | ||||||
12 | line, 130.00 feet to the Point of Beginning.
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13 | Said parcel containing 0.9127 acre, more or less.
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14 | Subject to the following;
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15 | No access will be permitted to the subject property from Stony | ||||||
16 | Island Avenue. A right-in/right-out only driveway will be | ||||||
17 | permitted from 95th Street.
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18 | and,
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19 | The Property is conveyed AS-IS, WHERE-IS, WITH ALL FAULTS, AND | ||||||
20 | WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR | ||||||
21 | IMPLIED, AS TO ITS CONDITION, ENVIRONMENTAL OR OTHERWISE, OR |
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1 | ITS SUITABILITY OR SUFFICIENCY FOR THE GRANTEE'S INTENDED USES | ||||||
2 | AND PURPOSES. Grantee acknowledges that adverse physical, | ||||||
3 | economic or other conditions (including without limitation, | ||||||
4 | adverse environmental soils and ground-water conditions), | ||||||
5 | either latent or patent, may exist on the property and assumes | ||||||
6 | the Grantor's responsibility for all environmental conditions | ||||||
7 | of the property, known or unknown, including but not limited to | ||||||
8 | responsibility, if any, for investigation, removal or | ||||||
9 | remediation actions relating to the presence, release or | ||||||
10 | threatened release of any hazardous substance or other | ||||||
11 | environmental contamination relating to the property. The | ||||||
12 | Grantee also releases, covenants not to sue, and shall | ||||||
13 | indemnify, defend, and hold the Grantor and its past, present | ||||||
14 | and future officials, employees, and agents, harmless from and | ||||||
15 | against any and all claims, demands, penalties, fees, damages, | ||||||
16 | losses, expenses (including but not limited to fees and costs | ||||||
17 | of regulatory agencies, attorneys, contractors and | ||||||
18 | consultants), and liabilities arising out of, or in any way | ||||||
19 | connected with, the condition of the property including but not | ||||||
20 | limited to any alleged or actual past, present or future | ||||||
21 | presence, release or threatened release of any hazardous | ||||||
22 | substance in, on, under or emanating from the property, or any | ||||||
23 | portion thereof or improvement thereon, from any cause | ||||||
24 | whatsoever; it being intended that the Grantee shall so | ||||||
25 | indemnify the Grantor and such personnel without regard to any | ||||||
26 | fault or responsibility of the Grantor or the Grantee. The |
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1 | obligation to complete all environmental investigation, | ||||||
2 | removal or remediation of the property and the | ||||||
3 | acknowledgements, releases, and covenants herein touch and | ||||||
4 | concern the property, are intended to run with the land and | ||||||
5 | bind the Grantee and Grantee's successors and assigns, and | ||||||
6 | inure to the benefit of the Grantor and its successors and | ||||||
7 | assigns.
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8 | For purposes of this COVENANT, the term "Hazardous Substance" | ||||||
9 | shall mean petroleum products and compounds containing them; | ||||||
10 | flammable materials; radioactive materials; polychlorinated | ||||||
11 | biphenyls ("PCBs") and compounds containing them; lead; | ||||||
12 | asbestos or asbestos-containing materials in any friable form; | ||||||
13 | underground or above-ground storage tanks; and any substance or | ||||||
14 | material that is now or hereafter becomes regulated under any | ||||||
15 | federal, State, or local statute, ordinance, rule, regulation, | ||||||
16 | or other law relating to environmental protection, | ||||||
17 | contamination or cleanup.
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18 | The Grantee's release and covenant not to sue shall include | ||||||
19 | both claims by the Grantee as original plaintiff against the | ||||||
20 | Grantor and any cross-claims, third-party claims or other | ||||||
21 | claims against the Grantor by the Grantee based upon claims | ||||||
22 | made against the Grantee by any third parties. The obligation | ||||||
23 | to indemnify and defend shall include, but not be limited to, | ||||||
24 | any liability of the Grantor to any and all federal, State or |
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1 | local regulatory agencies or other persons or entities for | ||||||
2 | remedial action costs and natural resources damages claims. | ||||||
3 | This COVENANT means that the Grantee accepts the property | ||||||
4 | "as-is, where-is and with-all-faults," and that the Grantee | ||||||
5 | assumes all responsibility of the Grantor to investigate, | ||||||
6 | remove and remediate any contamination and other adverse | ||||||
7 | environmental conditions on the property, and has no recourse | ||||||
8 | against the Grantor or any of its officers, employees or agents | ||||||
9 | for any claim or liability with respect to the property.
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10 | This COVENANT shall apply regardless of whether or not the | ||||||
11 | Grantee is culpable, negligent or in violation of any law, | ||||||
12 | ordinance, rule or regulation. Nothing herein shall release, | ||||||
13 | discharge or affect any rights or causes of action that the | ||||||
14 | Grantor or the Grantee may have against any other person or | ||||||
15 | entity, except as otherwise expressly stated herein, and each | ||||||
16 | of the parties reserves all such rights including, but not | ||||||
17 | limited to, claims for contribution or cost recovery relating | ||||||
18 | to any hazardous substance in, on, under or emanating from the | ||||||
19 | property.".
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