SB1895 95TH GENERAL ASSEMBLY

LRB095 16077 AJO 42095 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1895

Introduced 1/10/2008, by Sen. Pamela J. Althoff

SYNOPSIS AS INTRODUCED:

735 ILCS 30/Art. 25, Pt. 5 heading
735 ILCS 30/25-5-5 new

Amends the Eminent Domain Act. Grants quick-take eminent domain powers for a period of one year to the Village of Johnsburg for the construction of a METRA rail station and rail storage yard. 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 changing the heading of Part 5 of Article 25 and by adding Section 25-5-5 as follows:

(735 ILCS 30/Art. 25, Pt. 5 heading)

Part 5. New Quick-take Powers

(Reserved)

(Source: P.A. 94-1055, eff. 1-1-07.)

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

Sec. 25-5-5. Quick-take; Village of Johnsburg. Quick-take proceedings under Article 20 may be used for a period of no more than one year after the effective date of this amendatory Act of the 95th General Assembly by the Village of Johnsburg, McHenry County for the acquisition of the following described property for the purpose of constructing a METRA rail station and rail storage yard:

PARCEL 1:

That part of the of the Southwest Quarter, part of the Southeast Quarter of Section 15 and part of the Northeast Quarter of Section 22, Township 45 North, Range 8 East of the Third Principal Meridian, McHenry County, Illinois more particularly described as follows: Beginning at the intersection of the North line of the said Southwest Quarter and the westerly line of the Chicago and Northwestern Railroad; thence southerly along said westerly line to the intersection of the East line of said Southwest Quarter and said westerly line; thence continuing southerly along said westerly line to the intersection of the South line of said Southeast Quarter and said westerly line; thence continuing southerly along said westerly line to the northerly line of F.A.P. Route 420; thence northwesterly along said northerly line to a line lying 530.00 feet westerly of and parallel with the said westerly line of the Chicago and Northwestern Railroad; thence northerly along said parallel line to a line lying 392.00 feet southerly of and parallel with the said North line of the Southwest Quarter; thence northerly along a line which intersects with the said North line of said Southwest Quarter and a line lying 412.05 feet westerly of and parallel with the said westerly line of the Chicago and Northwestern Railroad; thence easterly along said North line to the point of beginning.

PARCEL 2:

That part of the Northwest Quarter of Section 15, Township 45 North, Range 8 East of the Third Principal Meridian, McHenry County, Illinois more particularly described as follows: Beginning at the intersection of the North line of the South Half of said Northwest Quarter and the westerly line of the Chicago and Northwestern Railroad; thence southerly along said westerly line to the South line of the said Northwest Quarter; thence westerly along said South line to a line lying 412.05 feet westerly of and parallel with the said westerly line of the Chicago and Northwestern Railroad; thence northerly along said parallel line to said North line of the said South Half; thence easterly along said North line of said South Half to the point of beginning.

PARCEL 3:

PART OF THE EAST HALF OF SECTION 22, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 22; THENCE NORTH 00 DEGREES 14 MINUTES 04 SECONDS EAST, 326.75 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF F.A. ROUTE 420 (ALSO KNOWN AS F.A. ROUTE 201) AND THE POINT OF BEGINNING; THENCE SOUTH 53 DEGREES 44 MINUTES 23 SECONDS EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 96.43 FEET; THENCE SOUTH 81 DEGREES 26 MINUTES 11 SECONDS EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 149.31 FEET TO THE NORTHWEST LINE OF THE PROPERTY DESCRIBED IN DOCUMENT NO. 98R0015236; THENCE SOUTH 71 DEGREES 00 MINUTES 28 SECONDS WEST ALONG SAID LINE, 106.38 FEET; THENCE SOUTH 01 DEGREES 23 MINUTES 04 SECONDS WEST ALONG THE WEST LINE OF SAID PROPERTY DESCRIBED IN DOCUMENT 98R0015236, 1,675.00 FEET TO THE OLD CENTERLINE OF MCCULLOM LAKE ROAD; THENCE NORTH 36 DEGREES 55 MINUTES 21 SECONDS WEST ALONG SAID CENTERLINE, 292.63 FEET TO A LINE 30.00 FEET EAST OF AND PARALLEL WITH THE EASTERLY RIGHT-OF-WAY LINE OF THE CHICAGO AND NORTHWESTERN RAILROAD; THENCE NORTH 12 DEGREES 37 MINUTES 51 SECONDS WEST ALONG SAID PARALLEL LINE, 621.31 FEET; THENCE NORTHWESTERLY 666.70 FEET ALONG SAID PARALLEL LINE, BEING A CURVE TO THE LEFT, HAVING A RADIUS OF 5,809.58 FEET, CHORD LENGTH OF 666.34 FEET, AND BEARS NORTH 15 DEGREES 55 MINUTES 06 SECONDS WEST; THENCE NORTH 19 DEGREES 12 MINUTES 21 SECONDS WEST PARALLEL WITH THE SAID RIGHT-OF-WAY LINE, 165.20 FEET TO THE CENTERLINE OF A DRAINAGE DITCH; THENCE NORTH 60 DEGREES 19 MINUTES 37 SECONDS EAST ALONG SAID DRAINAGE DITCH, 433.61 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID F.A. ROUTE 420; THENCE SOUTH 53 DEGREES 44 MINUTES 23 SECONDS EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 109.26 FEET, TO THE PLACE OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS.

PARCEL 4:

PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 22; THENCE NORTH 00 DEGREES 14 MINUTES 01 SECONDS EAST ALONG THE EAST LINE THEREOF, 326.75 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF F.A. ROUTE 420 (ALSO KNOWN AS F. A. ROUTE 201); THENCE NORTH 53 DEGREES 44 MINUTES 23 SECONDS WEST ALONG SAID RIGHT-OF-WAY LINE 109.26 FEET TO THE CENTERLINE OF A DRAINAGE DITCH AND THE PLACE OF BEGINNING; THENCE SOUTH 60 DEGREES 19 MINUTES 37 SECONDS WEST ALONG SAID CENTERLINE 433.61 FEET TO A LINE 30 FEET EAST OF AND PARALLEL WITH THE EASTERLY RIGHT-OF-WAY LINE OF THE CHICAGO & NORTHWESTERN RAILROAD; THENCE NORTH 19 DEGREES 12 MINUTES 21 SECONDS WEST ALONG SAID PARALLEL LINE, 572.26 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID F.A. ROUTE 420; THENCE SOUTH 61 DEGREES 52 MINUTES 18 SECONDS EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE 505.55 FEET; THENCE SOUTH 53 DEGREES 44 MINUTES 23 SECONDS EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE 147.78 FEET TO THE PLACE OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS.

PARCEL 5:

A 30 FOOT STRIP OF LAND LYING EAST OF AND ADJACENT TO THE EASTERLY RIGHT-OF-WAY LINE OF CHICAGO AND NORTHWESTERN RAILROAD, BEING PART OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH OF THE SOUTHERLY RIGHT-OF-WAY LINE OF F.A. ROUTE 420 (ALSO KNOWN AS F.A. ROUTE 201) AND NORTH OF THE NORTHEASTERLY RIGHT-OF-WAY LINE OF MCCULLOM LAKE ROAD, IN MCHENRY COUNTY, ILLINOIS.

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