SB2207 95TH GENERAL ASSEMBLY

LRB095 18159 AJO 45466 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2207

Introduced 2/14/2008, by Sen. Randall M. Hultgren

SYNOPSIS AS INTRODUCED:

735 ILCS 30/25-5-15 new

Amends the Eminent Domain Act. Grants quick-take eminent domain powers for a period of one year to the County of DuPage for the Huffman Street Flood Control Project. Effective immediately.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Eminent Domain Act is amended by adding Section 25-5-15 as follows:

(735 ILCS 30/25-5-15 new)

Sec. 25-5-15. Quick-take; County of DuPage. Quick-take proceedings under Article 20 may be used for a period of 12 months after the effective date of this amendatory Act of the 95th General Assembly by the County of DuPage for the purpose of implementation of Phase II of the Huffman Street Flood Control Project for stormwater management and flood control as follows:

That part of the northeast quarter of Section 18, Township 38 north, Range 10 east of the third principal meridian, described by commencing at the northeast corner of said Section 18 running thence south along the section line, 3.95 chains (260.70') to the centerline of the public highway known as the Old Plank Road; Thence south 44 1/2 degrees west along said centerline, 12.49 chains (824.34') to the east line of a tract of land formerly owned by Schifferle for a place of beginning; Thence north 44 degrees 30 minutes east along the centerline of said Old Plank Road 374.50 feet; Thence south 3 degrees east 858.7 feet to the northerly right of way line of the Chicago, Burlington and Quincy Railroad; Thence westerly along said right of way line 202.03 feet, more or less, to a point 485 feet westerly of the east line of said quarter section; Thence southerly along the westerly line of the widened portion of said right of way 25 feet; Thence westerly along said northerly right of way line 103.72 feet, more or less, to a point 588.72 feet west of the east line of said quarter section (being to the east line of said Schifferle Tract); Thence north 00 degrees 41 minutes west along an old fence line of occupation marking said east line, 665.24 feet to the place of beginning, in DuPage County, Illinois.

Excepting that part described as follows: that part of the northeast quarter of Section 18, Township 38 north, Range 10 east of the third principal meridian, described as follows: commencing at a found iron pipe at the southeast corner of Lot 3 in Tysons Assessment Plat per document 716523; Thence north 00 degrees 42 minutes 30 seconds west (assumed) along the easterly line of Tysons Assessment Plat as monumented, 50.83 feet; Thence north 89 degrees 17 minutes 30 seconds east, 8.58 feet to the point of beginning; Thence north 00 degrees 42 minutes 30 seconds west, 78.79 feet; Thence north 89 degrees 17 minutes 30 seconds east, 11.42 feet; Thence north 00 degrees 42 minutes 30 seconds west, 177.41 feet; Thence north 89 degrees 17 minutes 30 seconds east, 29.00'; Thence south 00 degrees 42 minutes 30 seconds east, 238.41 feet; Thence south 89 degrees 17 minutes 30 seconds west, 4.98 feet; Thence south 00 degrees 42 minutes 30 seconds east, 17.76 feet; Thence south 89 degrees 17 minutes 30 seconds west, 35.44 feet to the point of beginning in DuPage County, Illinois, containing 8,240 sq. ft. or 0.189 acres, more or less.

Also excepting that part of the property used for roadway opening per document dated September 9, 1847, described as follows: that part of the northeast quarter of Section 18, Township 38 north, Range 10 east of the third principal meridian, described as follows: commencing at a found iron pipe at the southeast corner of Lot 3 in Tysons Assessment Plat per Document 716523; Thence north 00 degrees 42 minutes 30 seconds west (assumed) along the easterly line of Tysons assessment plat as monumented, 628.95 feet to the southerly line of Plank Road as monumented and occupied for a place of beginning; Thence continuing north 00 degrees 42 minutes 30 seconds west, 43.15 feet; Thence north 44 degrees 43 minutes 11 seconds east, 371.58 feet; Thence south 02 degrees 56 minutes 13 seconds east, 41.94 feet to the southerly line of said Plank Road; Thence south 44 degrees 45 minutes 35 seconds west, 373.62 feet to the point of beginning, in DuPage County, Illinois, containing 11,506 sq. ft. or 0.264 acres, more or less.

And subject to legally created recorded and unrecorded easements and rights of access.

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