Illinois General Assembly - Full Text of HB4075

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Full Text of HB4075 96th General Assembly

Introduced Engrossed Enrolled
House Amendment 001
Public Act
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HB4075enr 96TH GENERAL ASSEMBLY

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1     AN ACT concerning property.

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

4     Section 5. Arcola conveyance. The Director of the
5 Department of Natural Resources, on behalf of the State of
6 Illinois, shall, pursuant to the conditions stated in Section
7 50, execute and deliver to the City of Arcola, an Illinois Unit
8 of Local Government, of the County of Douglas, State of
9 Illinois, for and in consideration of One Dollar ($1.00) paid
10 to said Department, a quit claim deed to the following
11 described real property, to wit:

12         All that part of the following described property lying
13     between Locust Street and Collins Street in the City of
14     Arcola, and all that part of the following described
15     property running from Jacques Street, in the City of
16     Arcola, in an easterly direction approximately two (2)
17     miles, to wit:

18         All those certain pieces or parcels of land and
19     premises, easements, rights-of-way and any other rights of
20     any kind whatsoever appurtenant thereto or used in
21     conjunction therewith on and along that portion of the
22     former Peoria Secondary Track of the Penn Central

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1     Corporation, as granted to The People of the State of
2     Illinois, Department of Conservation, by Quit Claim Deed
3     dated September 20, 1991, recorded in the Moultrie County
4     Recorder's Office as document #228680, recorded in the
5     Douglas County Recorder's Office in Deed Book 221 at Page
6     238, and recorded in the Coles County Recorder's Office in
7     Volume 771 at Page 209;

8         EXCEPT that part thereof required by the Illinois
9     Department of Transportation for the future widening of
10     Interstate 57.

11     Section 10. Arthur conveyance. The Director of the
12 Department of Natural Resources, on behalf of the State of
13 Illinois, shall, pursuant to the conditions stated in Section
14 50, execute and deliver to the Village of Arthur, an Illinois
15 Unit of Local Government, of the Counties of Douglas and
16 Moultrie, for and in consideration of One Dollar ($1.00) paid
17 to said Department, a quit claim deed to the following
18 described real property, to wit:

19         All that part of the following described property lying
20     westerly of the East line of the Northwest Quarter (NW 1/4)
21     of Section 30, Township 15 North, Range 7 East of the Third
22     Principal Meridian, Douglas County, Illinois, as extended
23     across the former right-of-way of the abandoned Penn

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1     Central Railroad, and easterly of the West right of way
2     line of Glasgow Street in the Village of Arthur, Moultrie
3     County, Illinois, as extended across said railroad
4     right-of-way, to wit:

5         Part of Section 25 Township 15 North, Range 6 East of
6     the Third Principal Meridian, Moultrie County, Illinois
7     and part of Section 30, Township 15 North, Range 7 East of
8     the Third Principal Meridian, Douglas County, Illinois,
9     being all those certain pieces or parcels of land and
10     premises, easements, rights-of-way and any other rights of
11     any kind whatsoever appurtenant thereto or used in
12     conjunction therewith on and along that portion of the
13     former Peoria Secondary Track of the Penn Central
14     Corporation, lying within said Sections 25 and 30, as
15     granted to The People of the State of Illinois, Department
16     of Conservation, by Quit Claim Deed dated September 20,
17     1991, recorded in the Moultrie County Recorder's Office as
18     document #228680, recorded in the Douglas County
19     Recorder's Office in Deed Book 221 at Page 238, and
20     recorded in the Coles County Recorder's Office in Volume
21     771 at Page 209.

22     Section 15. Hindsboro conveyance. The Director of the
23 Department of Natural Resources, on behalf of the State of
24 Illinois, shall, pursuant to the conditions stated in Section

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1 50, execute and deliver to the Village of Hindsboro, an
2 Illinois Unit of Local Government, of the County of Douglas,
3 State of Illinois, for and in consideration of One Dollar
4 ($1.00) paid to said Department, a quit claim deed to the
5 following described real property, to wit:

6         All that part of the following described property lying
7     within the limits of the Village of Hindsboro, to wit:

8         All those certain pieces or parcels of land and
9     premises, easements, rights-of-way and any other rights of
10     any kind whatsoever appurtenant thereto or used in
11     conjunction therewith on and along that portion of the
12     former Peoria Secondary Track of the Penn Central
13     Corporation, as granted to The People of the State of
14     Illinois, Department of Conservation, by Quit Claim Deed
15     dated September 20, 1991, recorded in the Moultrie County
16     Recorder's Office as document #228680, recorded in the
17     Douglas County Recorder's Office in Deed Book 221 at Page
18     238, and recorded in the Coles County Recorder's Office in
19     Volume 771 at Page 209.

20     Section 20. Lovington conveyance. The Director of the
21 Department of Natural Resources, on behalf of the State of
22 Illinois, shall, pursuant to the conditions stated in Section
23 50, execute and deliver to the Village of Lovington, an

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1 Illinois Unit of Local Government, of the County of Moultrie,
2 State of Illinois, for and in consideration of One Dollar
3 ($1.00) paid to said Department, a quit claim deed to the
4 following described real property, to wit:

5         All that part of the following described property
6     running from the Illinois Route 32 river bridge, eastward
7     through Lovington and to the East line of Lovington
8     Township, to wit:
9         All those certain pieces or parcels of land and
10     premises, easements, rights-of-way and any other rights of
11     any kind whatsoever appurtenant thereto or used in
12     conjunction therewith on and along that portion of the
13     former Peoria Secondary Track of the Penn Central
14     Corporation, as granted to The People of the State of
15     Illinois, Department of Conservation, by Quit Claim Deed
16     dated September 20, 1991, recorded in the Moultrie County
17     Recorder's Office as document #228680, recorded in the
18     Douglas County Recorder's Office in Deed Book 221 at Page
19     238, and recorded in the Coles County Recorder's Office in
20     Volume 771 at Page 209.

21     Section 25. Lovington Township conveyance. The Director of
22 the Department of Natural Resources, on behalf of the State of
23 Illinois, shall, pursuant to the conditions stated in Section
24 50, execute and deliver to Lovington Township, an Illinois Unit

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1 of Local Government, of the County of Moultrie, State of
2 Illinois, for and in consideration of One Dollar ($1.00) paid
3 to said Department, a quit claim deed to the following
4 described real property, to wit:
5         All that part of the following described property
6     running from Washington Street to Broadway Street in the
7     Village of Lovington, and all that part of the following
8     described property running from County Road 700 East,
9     eastwardly approximately 600 feet, to wit:
10         All those certain pieces or parcels of land and
11     premises, easements, rights-of-way and any other rights of
12     any kind whatsoever appurtenant thereto or used in
13     conjunction therewith on and along that portion of the
14     former Peoria Secondary Track of the Penn Central
15     Corporation, as granted to The People of the State of
16     Illinois, Department of Conservation, by Quit Claim Deed
17     dated September 20, 1991, recorded in the Moultrie County
18     Recorder's Office as document #228680, recorded in the
19     Douglas County Recorder's Office in Deed Book 221 at Page
20     238, and recorded in the Coles County Recorder's Office in
21     Volume 771 at Page 209.

22     Section 30. East Oakland Township conveyance. The Director
23 of the Department of Natural Resources, on behalf of the State
24 of Illinois, shall, pursuant to the conditions stated in
25 Section 50, execute and deliver to East Oakland Township, an

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1 Illinois Unit of Local Government, of the County of Coles,
2 State of Illinois, for and in consideration of One Dollar
3 ($1.00) paid to said Department, a quit claim deed to the
4 following described real property, to wit:

5         All that part of the following described property
6     running from Main Street in Oakland, westerly to County
7     Road 2300 East, to wit:

8         All those certain pieces or parcels of land and
9     premises, easements, rights-of-way and any other rights of
10     any kind whatsoever appurtenant thereto or used in
11     conjunction therewith on and along that portion of the
12     former Peoria Secondary Track of the Penn Central
13     Corporation, as granted to The People of the State of
14     Illinois, Department of Conservation, by Quit Claim Deed
15     dated September 20, 1991, recorded in the Moultrie County
16     Recorder's Office as document #228680, recorded in the
17     Douglas County Recorder's Office in Deed Book 221 at Page
18     238, and recorded in the Coles County Recorder's Office in
19     Volume 771 at Page 209.

20     Section 35. Bourbon Township conveyance. The Director of
21 the Department of Natural Resources, on behalf of the State of
22 Illinois, shall, pursuant to the conditions stated in Section
23 50, execute and deliver to Bourbon Township, an Illinois Unit

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1 of Local Government, of the County of Douglas, State of
2 Illinois, for and in consideration of One Dollar ($1.00) paid
3 to said Department, a quit claim deed to the following
4 described real property, to wit:
5         All that part of the following described property
6     located within the limits of Bourbon Township, to wit:
7         All those certain pieces or parcels of land and
8     premises, easements, rights-of-way and any other rights of
9     any kind whatsoever appurtenant thereto or used in
10     conjunction therewith on and along that portion of the
11     former Peoria Secondary Track of the Penn Central
12     Corporation, as granted to The People of the State of
13     Illinois, Department of Conservation, by Quit Claim Deed
14     dated September 20, 1991, recorded in the Moultrie County
15     Recorder's Office as document #228680, recorded in the
16     Douglas County Recorder's Office in Deed Book 221 at Page
17     238, and recorded in the Coles County Recorder's Office in
18     Volume 771 at Page 209.

19         ALSO,

20         That tract or parcel of land previously conveyed from
21     Lorenzo S. Stewart and his wife to the People of the State
22     of Illinois, Department of Conservation, by Warranty Deed
23     recorded in the Recorder's Office of Douglas County,
24     Illinois, on March 12, 1992, in Book 223 of Deeds at page

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1     135, as Document No. 188627, said tract or parcel being
2     described as follows:
3         That portion of the Penn Central Corporations's Peoria
4     Secondary Line of Railroad (now abandoned) lying between
5     the centerline of Bourbon Road (Station No. 3093 + 20) and
6     the East line of Section 35, Township 15 North, Range 7
7     East of the Third Principal Meridian (Station No. 3079 +
8     75), containing 3.86 acres, more or less, and being a part
9     of the Southeast Quarter of said Section 35.

10         ALSO,

11         That permanent irrevocable easement previously
12     conveyed from OKAW Buildings, Inc., an Illinois
13     Corporation, to the People of the State of Illinois,
14     Department of Conservation, by Deed Granting Easement
15     recorded October 24, 1994, in the Recorder's Office of
16     Douglas County, Illinois, in Book 346 of Records at page
17     346, as Document No. 198983, over, under, upon and along
18     the following described real estate for the purpose of
19     constructing, maintaining, repairing and operating the
20     Prairie Wind State Trail, to wit:
21         GENERAL DESCRIPTION: The Easterly 75 feet, and the
22     Northerly 20 feet of the following described tract of land:
23         All that parcel of land situate in the Township of
24     Bourbon, County of Douglas, State of Illinois, being part

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1     of the Southeast Quarter of the Northwest Quarter of
2     Section 35, Township 15 North, Range 7 East of the Third
3     Principal Meridian, and being all of the right, title and
4     interest of the Grantor herein and to all those certain
5     pieces or parcels of land and premises, easements,
6     right-of-way and any other rights of any kind whatsoever
7     appurtenant to or used in conjunction therewith on and
8     along that portion of the former Peoria Secondary of the
9     Penn Central Corporation, described as follows: Beginning
10     at the West line of said Southeast Quarter of the Northwest
11     Quarter of Section 35 as extended across the right-of-way
12     of said Peoria Secondary through a point in the centerline
13     thereof at Railroad Valuation Station 3119+55, the same
14     being within the limits of East Street; thence extending in
15     a Southeasterly direction along the centerline of said
16     railroad a distance of 777 feet, more or less, to a line
17     coincident with the Easterly face of the backwall for
18     Bridge No. 58/86 as extended across the right-of-way of
19     said Peoria Secondary through a point in the centerline
20     thereof at Railroad Valuation Station 3111+80, the same
21     being the place of ending, situated in the County of
22     Douglas, in the State of Illinois;
23         DETAIL DESCRIPTION: Part of the Southeast Quarter of
24     the Northwest Quarter of Section 35, Township 15 North,
25     Range 7 East of the Third Principal Meridian, more
26     particularly described as follows:

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1         Commencing at the Northwest corner of Lot 9, Rork's
2     Subdivision, Chesterville, Illinois; thence South 74
3     degrees 20 minutes 00 seconds East (an assumed bearing) on
4     the Southerly right-of-way line of the former Peoria
5     Secondary of the Penn Central Corporation, 520.52 feet to a
6     point on the West line of the Southeast Quarter of the
7     Northwest Quarter of said Section 35; thence North 00
8     degrees 00 minutes 00 seconds East on the West line of said
9     Southeast Quarter of the Northwest Quarter, 31.24 feet to
10     the Point of Beginning; thence from said Point of
11     Beginning, North 00 degrees 00 minutes 00 seconds East on
12     the West line of said Southeast Quarter of the Northwest
13     Quarter, 20.68 feet to a point on the Northerly
14     right-of-way line of the former Peoria Secondary of the
15     Penn Central Corporation; thence South 74 degrees 20
16     minutes 00 seconds East on said Northerly right-of-way
17     line, 758.47 feet to a point; thence South 15 degrees 40
18     minutes 00 seconds West, 50.00 feet to a point on the
19     Southerly right-of-way line of the former Peoria Secondary
20     of the Penn Central Corporation; thence North 74 degrees 20
21     minutes 00 seconds West on said Southerly right-of-way
22     line, 75.00 feet to a point; thence North 15 degrees 40
23     minutes 00 seconds East, 30.00 feet to a point; thence
24     North 74 degrees 20 minutes 00 seconds West, 677.88 feet to
25     the Point of Beginning, containing 0.40 acres, more or
26     less, all situated in the County of Douglas, in the State

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1     of Illinois.

2         ALSO,

3         Three (3) Tracts of land previously conveyed from
4     Robert D. Stewart and wife to the People of the State of
5     Illinois, Department of Conservation, by Warranty Deed
6     recorded in the Recorder's Office of Douglas County,
7     Illinois, on March 8, 1993, in Book 287 of Records at page
8     242, as Document 192675, said Tracts being described as
9     follows:
10         Tract I:
11         All that strip or parcel of land, 100 feet wide,
12     situate in the Township of Bourbon, County of Douglas,
13     State of Illinois, being part of the Northeast Quarter and
14     part of the Northwest Quarter of Section 34, Township 15
15     North, Range 7 East of the Third Principal Meridian and
16     being that portion of the former Peoria Secondary of the
17     Penn Central Corporation further bounded and described
18     according to a plan of survey made by W. Justin Grady,
19     Registered Land Surveyor No. 2259, dated November 6, 1990,
20     as follows: Beginning at the intersection of the South
21     Right of Way Line of said Peoria Secondary with the East
22     Line of said Section 34; thence Northwesterly along said
23     South Right of Way Line on an Azimuth of 285 degrees 03
24     minutes, a distance of 3,402.62 feet; thence North crossing

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1     said property to the North Right of Way Line of said Peoria
2     Secondary along a line on an Azimuth of 0 degrees 00
3     minutes, a distance of 103.60 feet; thence Southeasterly
4     along said North Right of way Line on an Azimuth of 105
5     degrees 03 minutes, a distance of 3,402.62 feet; thence
6     South along the East Line of said Section 34 on an Azimuth
7     of 180 degrees 00 minutes, a distance of 103.60 feet to the
8     point of beginning.
9         Tract II:
10         All that parcel of land situate in the Village of
11     Chesterville, County of Douglas, State of Illinois, being
12     part of the Southwest Quarter of the Northwest Quarter of
13     Section 35, Township 15 North, Range 7 East of the Third
14     Principal Meridian and being all of the right, title and
15     interest of the Grantor herein and to all those certain
16     pieces of parcels of land and premises, easements, rights
17     of way and any other rights of any kind whatsoever
18     appurtenant thereto or used in conjunction therewith on and
19     along that portion of the former Peoria Secondary Track of
20     the Penn Central Corporation, described as follows:
21     Beginning at the West line of said Section 35 as extended
22     across the right of way of said Peoria Secondary through a
23     point in the centerline thereof at Railroad Valuation
24     Station 3133+10, more or less, thence extending in a
25     Southeasterly direction along the centerline of said
26     railroad a distance of 790 feet, more or less, to the

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1     centerline of the first north/south thru street as extended
2     across the right of way of said Peoria Secondary through a
3     point in the centerline thereof at Railroad Valuation
4     Station 3125+20, the place of ending.
5         Tract III:
6         Lot 13 of original town of Chesterville, Douglas
7     County, Illinois.

8     Section 40. City of Oakland conveyance. The Director of the
9 Department of Natural Resources, on behalf of the State of
10 Illinois, shall, pursuant to the conditions stated in Section
11 50, execute and deliver to City of Oakland, an Illinois Unit of
12 Local Government, of the County of Coles for and in
13 consideration of One Dollar ($1.00) paid to said Department, a
14 quit claim deed to the following described real property, to
15 wit:

16         All that part of the following described property
17     situated in Coles County, Illinois, to wit:

18         All those certain pieces or parcels of land and
19     premises, easements, rights-of-way and any other rights of
20     any kind whatsoever appurtenant thereto or used in
21     conjunction therewith on and along that portion of the
22     former Peoria Secondary Track of the Penn Central
23     Corporation, as granted to The People of the State of

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1     Illinois, Department of Conservation, by Quit Claim Deed
2     dated September 20, 1991, recorded in the Moultrie County
3     Recorder's Office as document #228680, recorded in the
4     Douglas County Recorder's Office in Deed Book 221 at Page
5     238, and recorded in the Coles County Recorder's Office in
6     Volume 771 at Page 209.

7     Section 45. Lowe Road District conveyance. The Director of
8 the Department of Natural Resources, on behalf of the State of
9 Illinois, shall, pursuant to the conditions stated in Section
10 50, execute and deliver to Lowe Road District, an Illinois Unit
11 of Local Government, of the County of Moultrie, State of
12 Illinois, for and in consideration of One Dollar ($1.00) paid
13 to said Department, a quit claim deed to the following
14 described real property, to wit:

15         Three (3) parcels in Lowe Township, one parcel starting
16     at the East side of Section 28 and running westerly
17     approximately 726 feet, another parcel running from one end
18     of Williamsburg to the other, and another parcel in Section
19     27 behind Effingham Equity Fertilizer Plant, said parcels
20     being parts of the following described property, to wit:

21         All those certain pieces or parcels of land and
22     premises, easements, rights-of-way and any other rights of
23     any kind whatsoever appurtenant thereto or used in

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1     conjunction therewith on and along that portion of the
2     former Peoria Secondary Track of the Penn Central
3     Corporation, as granted to The People of the State of
4     Illinois, Department of Conservation, by Quit Claim Deed
5     dated September 20, 1991, recorded in the Moultrie County
6     Recorder's Office as document #228680, recorded in the
7     Douglas County Recorder's Office in Deed Book 221 at Page
8     238, and recorded in the Coles County Recorder's Office in
9     Volume 771 at Page 209.

10     Section 50. Restrictions and conditions.
11     (a) For a parcel of real property described in Section 5,
12 10, 15, 20, 25, 30, 35, 40, or 45, that is not subject to any
13 litigation, the entity designated to receive real property
14 described in that Section shall within 30 days after the
15 effective date of this Act receive from the Department of
16 Natural Resources a written notice of first refusal to receive
17 that property and if the entity designated to receive real
18 property described in that Section then gives written notice to
19 the Director of the Department of Natural Resources that the
20 entity will accept the described real property as grantee and
21 will tender the consideration of $1.00, the conveyance of the
22 parcel of real property shall be made pursuant to the
23 applicable Section and Section 55 and subject to existing
24 public utilities, existing public roads, and any and all
25 reservations, easements, covenants and restrictions of record.

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1     (b) The conveyance of a parcel of real property authorized
2 by Section 5, 10, 15, 20, 25, 30, 35, 40, or 45, shall be made
3 as follows: if the property described in the appropriate
4 Section is included in whole or in part in a judgment in, or a
5 settlement or other resolution of litigation that is favorable
6 to the State of Illinois or the Department of Natural
7 Resources, as a party, concerning the property described in the
8 respective Section of this Act in the case of: Ag Farms, Inc.
9 v. American Premier Underwriters and the Illinois Department of
10 Natural Resources (2002-MR-6) in Moultrie County; or Hemingway
11 v. American Premier Underwriters the Illinois Department of
12 Natural Resources (97-MR-5) in Douglas County, then the entity
13 designated to receive real property described in that Section
14 shall receive, within 60 days after the conclusion of that
15 litigation as to that parcel of property, from the Department
16 of Natural Resources a written notice of first refusal to
17 receive that property upon the conclusion, as to that parcel of
18 property, of that litigation if the entity designated to
19 receive real property described in that Section gives written
20 notice to the Director of the Department of Natural Resources
21 that the entity will accept the described real property as
22 grantee and will tender the consideration of $1.00; provided
23 that the conveyance is made subject to existing public
24 utilities, existing public roads, and any and all reservations,
25 easements, encumbrances, covenants and restrictions of record.
26     (c) Notwithstanding other provisions of this Act, for each

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1 Section, the parcel of real property described in that Section
2 shall not be conveyed so long as there is pending any
3 litigation concerning the ownership of that parcel of property.

4     Section 55. The Director of Natural Resources shall obtain
5 a certified copy of the portions of this Act containing the
6 title, the enacting clause, the restrictions and conditions on
7 the property to be conveyed, the effective date, the
8 appropriate Section containing the land description of the
9 property to be conveyed, and this Section, within 60 days after
10 the entity designated as the grantee of the real property
11 described in the appropriate Section has delivered a written
12 notice to the Director of Natural Resources that states that
13 the entity will accept the described property as grantee and
14 will pay the consideration of $1.00 and, upon receipt of the
15 payment required by the Section, shall record the certified
16 document in the Recorder's Office in the County in which the
17 land is located.

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

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