Full Text of HB0837 93rd General Assembly
HB0837sam001 93RD GENERAL ASSEMBLY
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Sen. Ira I. Silverstein
Filed: 5/11/2004
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| AMENDMENT TO HOUSE BILL 837
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| AMENDMENT NO. ______. Amend House Bill 837 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Metropolitan Water Reclamation District | 5 |
| Act is amended by changing Section 8c and by adding Section 295 | 6 |
| as follows:
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| (70 ILCS 2605/8c) (from Ch. 42, par. 327c)
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| Sec. 8c. Every lease of property no longer or not | 9 |
| immediately
required for corporate purposes of a sanitary | 10 |
| district, from such
district to others for a term not to exceed | 11 |
| 99 years, in accordance with
Section 8 of this Act, shall be | 12 |
| negotiated, created and executed in the
following manner:
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| (1) Notice of such proposed leasing shall be published for | 14 |
| 3
consecutive weeks in a newspaper of general circulation | 15 |
| published in
such sanitary district, if any, and otherwise in | 16 |
| the county containing
such district.
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| (2) Prior to receipt of bids for the lease under this | 18 |
| Section, the
fair market value of every parcel of real property | 19 |
| to be leased must be
determined by 2 professional appraisers | 20 |
| who are members of the American
Institute of Real Estate | 21 |
| Appraisers or a similar, equivalently
recognized professional | 22 |
| organization. The sanitary district acting
through the general | 23 |
| superintendent may select and engage an additional
appraiser | 24 |
| for such determination of fair market value. Every appraisal
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| report must contain an affidavit certifying the absence of any | 2 |
| collusion
involving the appraiser and relating to the lease of | 3 |
| such property.
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| (3) Such lease must be awarded to the highest responsible | 5 |
| bidder
(including established commercial or industrial | 6 |
| concerns and financially
responsible individuals) upon free | 7 |
| and open competitive bids, except
that no lease may be awarded | 8 |
| unless the bid of such highest responsible
bidder provides for | 9 |
| an annual rental payment to the sanitary district of
at least | 10 |
| 6% of the fair market value determined under this Section.
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| (4) Prior to acceptance of the bid of the highest | 12 |
| responsible bidder
and before execution of the lease the bidder | 13 |
| shall submit to the board
of commissioners and general | 14 |
| superintendent, for incorporation in the lease,
a detailed plan | 15 |
| and description of improvements to be constructed upon
the | 16 |
| leased property, the time within which the improvements will be
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| completed, and the intended uses of the leased property. If | 18 |
| there is more
than one responsible bid, the board of | 19 |
| commissioners may authorize and direct
the general | 20 |
| superintendent to solicit from the 2 highest responsible | 21 |
| bidders
written amendments to their prior bids, increasing | 22 |
| their rental bid proposal
by at least 5% in excess of their | 23 |
| prior written bid, or otherwise amending the
financial terms of | 24 |
| their bid so as to maximize the financial return to the
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| sanitary district during the term of the proposed lease. Upon | 26 |
| the general
superintendent's tentative agreement with one or | 27 |
| more amended bids, the bids
may be submitted to the board of | 28 |
| commissioners with the recommendation of the
general | 29 |
| superintendent for acceptance of one or rejection of all. The
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| amendments may not result in a diminution of the terms of the | 31 |
| transaction and
must result in an agreement that is equal to or | 32 |
| greater in value than the
highest responsible bid initially | 33 |
| received.
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| (5) The execution of such lease must be contemporaneous to |
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| the
execution by the lessee, each member of the board of | 2 |
| commissioners and the
general superintendent of an affidavit | 3 |
| certifying the absence of any
collusion involving the lessee, | 4 |
| the members and the general
superintendent and relating to such | 5 |
| lease.
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| (6) No later than 30 days after the effective date of the | 7 |
| lease, the
lessee must deliver to the sanitary district a | 8 |
| certified statement of
the County Assessor, Township Assessor | 9 |
| or the county clerk of the county
wherein the property is | 10 |
| situated that such property is presently
contained in the | 11 |
| official list of lands and lots to be assessed for
taxes for | 12 |
| the several towns or taxing districts in his county.
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| (7) Such lease shall provide for a fixed annual rental | 14 |
| payment for the
first year not less than 6% of the fair market | 15 |
| value as determined under
this Section and may be subject to | 16 |
| annual adjustments based on changes in
the Consumer Price Index | 17 |
| published by the United States Department of
Labor, Bureau of | 18 |
| Labor Statistics, or some other well known economic
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| governmental activity index. Any lease, the term of which will | 20 |
| extend for
15 years or more, shall provide for a | 21 |
| redetermination of the fair market
value (independent of | 22 |
| improvements to the property subsequent to the
effective date | 23 |
| of the lease) after the initial 10 years and every 10 years
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| thereafter, in the manner set forth in paragraph (2) of this | 25 |
| Section, said
redetermination to be as of the first day of each | 26 |
| succeeding 10 year period,
and annual rental payments shall be | 27 |
| adjusted so that the ratio of annual
rental to fair market | 28 |
| value shall be the same as that ratio for the first
year of the | 29 |
| preceding 10 year period. The rental payment for the first
year | 30 |
| of the new 10 year period may be subject to Consumer Price | 31 |
| Index or
other allowable index adjustments for each of the next | 32 |
| 9 years, or until
the end of the lease term if there are less | 33 |
| than 9 years remaining.
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| (8) A sanitary district may require compensation to be paid |
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| in addition to
rent, based on a reasonable percentage of | 2 |
| revenues derived from a lessee's
business operations on the | 3 |
| leasehold premises or subleases, or may require
additional | 4 |
| compensation from the lessee or any sublessee in the form of
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| services, including but not limited to solid waste disposal; | 6 |
| provided,
however, that such additional compensation shall not | 7 |
| be considered in
determining the highest responsible bid, said | 8 |
| highest responsible bid to be
determined only on the initial | 9 |
| annual rental payment as set forth in
paragraph (3) of this | 10 |
| Section.
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| (9) No assignment of such lease or sublease of such | 12 |
| property is
effective unless approved in writing by the general | 13 |
| superintendent and
the board of commissioners of the sanitary | 14 |
| district. No assignment or
sublease is effective if the | 15 |
| assignee or sublessee is a trust
constituted by real property | 16 |
| of which the trustee has title but no power
of management or | 17 |
| control, unless the identity of the beneficiaries of
the trust | 18 |
| is revealed, upon demand, to the general superintendent and
the | 19 |
| board of commissioners of the sanitary district.
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| (10) Failure by the lessee to comply with a provision in | 21 |
| the lease
relating to improvements upon the leased property or | 22 |
| any other provision
constitutes grounds for forfeiture of the | 23 |
| lease, and upon such failure
the sanitary district acting | 24 |
| through the general superintendent shall
serve the lessee with | 25 |
| a notice to terminate the lease and deliver
possession of the | 26 |
| property to the sanitary district within a particular
period.
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| (11) If the general superintendent and the board of | 28 |
| commissioners
conclude that it would be in the public interest, | 29 |
| said sanitary district
may lease to the United States of | 30 |
| America and the State of Illinois,
County of Cook, any | 31 |
| municipal corporation, or any academic institution of higher
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| learning which has been in existence for 5 years prior to said | 33 |
| lease,
provided that such lease limit the institution's use of | 34 |
| the leased land
to only those purposes relating to the |
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| operation of such institution's
academic or physical | 2 |
| educational programs without complying with the
prior | 3 |
| provisions of this section, upon such terms as may be mutually
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| agreed upon, in accordance with an act concerning "Transfer of | 5 |
| Real
Estate between Municipal Corporations", approved July 2, | 6 |
| 1925, as
amended, with provisions that such property is to be | 7 |
| applied exclusively
to public recreational purposes or other | 8 |
| public purposes and that such
lease is terminable in accordance | 9 |
| with service of a one-year notice to
terminate after | 10 |
| determination by the board of commissioners and the general
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| superintendent that such property (or part thereof) has become | 12 |
| essential
to the corporate purposes of the sanitary district.
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| (Source: P.A. 91-248, eff. 1-1-00; 92-16, eff. 6-28-01.)
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| (70 ILCS 2605/295 new) | 15 |
| Sec. 295. District enlarged. Upon the effective date of | 16 |
| this amendatory Act of the 93rd General Assembly, the corporate | 17 |
| limits of the Metropolitan Water Reclamation District are | 18 |
| extended to include within those limits the following described | 19 |
| tracts of land and those tracts are annexed to the District. | 20 |
| Parcel 1:
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| THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 35 NORTH, | 22 |
| RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT THAT | 23 |
| PART TAKEN FOR ROAD PURPOSES IN RIDGELAND AVENUE AND EXCEPT | 24 |
| THAT PART LYING IN THE MICHIGAN CENTRAL RAILROAD RIGHT OF | 25 |
| WAY AND EXCEPT THE NORTH 208.71 FEET OF THE WEST 313.07 | 26 |
| FEET OF THAT PART OF THE SOUTHEAST QUARTER OF SECTION 19 | 27 |
| LYING SOUTH OF THE SOUTH RIGHT OF WAY OF U.S. ROUTE 30, ALL | 28 |
| IN COOK COUNTY, ILLINOIS. | 29 |
| Parcel 2: | 30 |
| THE WEST 75 ACRES OF THE NORTHEAST QUARTER OF SECTION 15, | 31 |
| TOWNSHIP 35 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL | 32 |
| MERIDIAN, IN COOK COUNTY, ILLINOIS.
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| Parcel 3: |
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| THE SOUTH 242.29 FEET (AS MEASURED ALONG THE EAST LINE) OF | 2 |
| LOT 8 IN BLOCK 14 IN ARTHUR T. McINTOSH & COMPANY'S | 3 |
| CRAWFORD COUNTRYSIDE UNIT NO. 2, BEING A SUBDIVISION OF THE | 4 |
| SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 35 NORTH, RANGE | 5 |
| 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE | 6 |
| PLAT THEREOF RECORDED JANUARY 23, 1952 AS DOCUMENT NO. | 7 |
| 15259571, IN COOK COUNTY, ILLINOIS; ALSO, THAT PART OF | 8 |
| ADJOINING STREET. | 9 |
| Parcel 4:
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| HERBERT'S RESUBDIVISION OF LOT 9 IN BLOCK 14 IN ARTHUR T. | 11 |
| McINTOSH & COMPANY'S CRAWFORD COUNTRYSIDE UNIT NO. 2, BEING | 12 |
| A SUBDIVISION OF THE SOUTHEAST QUARTER OF SECTION 15, | 13 |
| TOWNSHIP 35 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL | 14 |
| MERIDIAN, IN COOK COUNTY, ILLINOIS; ALSO, THAT PART OF | 15 |
| ADJOINING STREETS.
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| Parcel 5:
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| THE SOUTH 150 FEET (AS MEASURED ON THE EAST AND WEST LINES | 18 |
| THEREOF) OF LOT 2 IN BLOCK 13 IN ARTHUR T. McINTOSH & | 19 |
| COMPANY'S
CRAWFORD COUNTRYSIDE UNIT 2, BEING A SUBDIVISION | 20 |
| OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 35 NORTH, | 21 |
| RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING | 22 |
| TO PLAT THEREOF RECORDED PER DOCUMENT NO. 15259571, IN COOK | 23 |
| COUNTY, ILLINOIS; ALSO, THAT PART OF ADJOINING STREET.
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| Parcel 6:
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| THE EAST 100.0 FEET OF THE SOUTH 125.0 FEET OF LOT 4 IN | 26 |
| BLOCK 13 IN ARTHUR T. McINTOSH AND COMPANY'S CRAWFORD | 27 |
| COUNTRYSIDE UNIT NO. 2, BEING A SUBDIVISION OF THE | 28 |
| SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 35 NORTH, RANGE | 29 |
| 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, | 30 |
| ILLINOIS; ALSO, THAT PART OF ADJOINING STREET.
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| Parcel 7:
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| THE WEST HALF OF THE SOUTH 125 FEET OF LOT 4, IN BLOCK 13, | 33 |
| IN ARTHUR T. McINTOSH AND COMPANY'S CRAWFORD COUNTRYSIDE | 34 |
| UNIT NO. 2, BEING A SUBDIVISION OF THE SOUTHEAST QUARTER OF |
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| SECTION 15, TOWNSHIP 35 NORTH, RANGE 13 EAST OF THE THIRD | 2 |
| PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; ALSO, THAT | 3 |
| PART OF ADJOINING STREET.
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| Parcel 8:
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| THE SOUTH HALF OF LOT 5, IN BLOCK 13, IN ARTHUR T. McINTOSH | 6 |
| AND COMPANY'S CRAWFORD COUNTRYSIDE UNIT NO. 2, BEING A | 7 |
| SUBDIVISION OF THE SOUTHEAST QUARTER OF SECTION 15, | 8 |
| TOWNSHIP 35 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL | 9 |
| MERIDIAN, IN COOK COUNTY, ILLINOIS; ALSO, THAT PART OF | 10 |
| ADJOINING STREET.
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| Parcel 9:
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| LOT 15 (EXCEPT THE WEST 50.0 FEET THEREOF) IN BLOCK 12 IN | 13 |
| ARTHUR T. McINTOSH AND COMPANY'S CRAWFORD COUNTRYSIDE UNIT | 14 |
| NUMBER 2, BEING A SUBDIVISION OF THE SOUTHEAST QUARTER OF | 15 |
| SECTION 15, TOWNSHIP 35 NORTH, RANGE 13, EAST OF THE THIRD | 16 |
| PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; ALSO, THAT | 17 |
| PART OF ADJOINING STREET.
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| Parcel 10: | 19 |
| THAT PART OF THE NORTHWEST QUARTER AND THE SOUTHWEST | 20 |
| QUARTER OF SECTION TWENTY ONE, TOWNSHIP FORTY-ONE NORTH, | 21 |
| RANGE NINE, EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED | 22 |
| AND DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF | 23 |
| SECTION TWENTY-ONE, AFORESAID; THENCE SOUTH 00 DEGREES 20 | 24 |
| MINUTES 03 SECONDS WEST, BEING AN ASSUMED BEARING ON THE | 25 |
| EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION | 26 |
| TWENTY-ONE, A DISTANCE OF 567.31 FT. TO THE WESTERLY LINE | 27 |
| OF JACOBS' FARM SUBDIVISION, RECORDED NOVEMBER 4, 1994 AS | 28 |
| DOCUMENT NO. 94944947; THENCE SOUTH 38 DEGREES 21 MINUTES | 29 |
| 58 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID JACOBS' | 30 |
| FARM SUBDIVISION, A DISTANCE OF 108.45 FT. TO THE APPARENT | 31 |
| NORTHERLY RIGHT-OF-WAY LINE OF IRVING PARK ROAD (ALSO KNOWN | 32 |
| AS ILLINOIS ROUTE 19); THENCE NORTH 57 DEGREES 29 MINUTES | 33 |
| 24 SECONDS WEST, ON SAID APPARENT NORTHERLY RIGHT-OF-WAY | 34 |
| LINE, A DISTANCE OF 266.15 FT. (266.40 FT.=DEED) TO AN |
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| ANGLE POINT IN SAID RIGHT-OF-WAY LINE; THENCE CONTINUING | 2 |
| NORTH 53 DEGREES 43 MINUTES 44 SECONDS WEST, ON SAID | 3 |
| APPARENT NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 284.32 | 4 |
| FT. TO AN ANGLE POINT IN SAID RIGHT-OF-WAY LINE; THENCE | 5 |
| CONTINUING NORTH 51 DEGREES 25 MINUTES 54 SECONDS WEST, ON | 6 |
| SAID APPARENT NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF | 7 |
| 657.65 FT. (657.68 FT.=DEED) TO THE MOST SOUTHERLY CORNER | 8 |
| OF OUTLOT "H" IN STERLING OAKS UNIT TWO, RECORDED JULY 15, | 9 |
| 2002 AS DOCUMENT NUMBER 0020769602 AND AMENDED BY | 10 |
| CERTIFICATE OF CORRECTION RECORDED AUGUST 12, 2002 AS | 11 |
| DOCUMENT NUMBER 0020876507; THENCE NORTH 38 DEGREES 28 | 12 |
| MINUTES 51 SECONDS EAST, ALONG THE SOUTHEASTERLY LINE OF | 13 |
| SAID STERLING OAKS UNIT TWO, A DISTANCE OF 65.47 FT.; | 14 |
| THENCE SOUTH 51 DEGREES 25 MINUTES 54 SECONDS EAST, A | 15 |
| DISTANCE OF 69.76 FT.; THENCE SOUTH 39 DEGREES 05 MINUTES | 16 |
| 55 SECONDS EAST, DISTANCE OF 167.72 FT.; THENCE SOUTH 88 | 17 |
| DEGREES 08 MINUTES 41 SECONDS EAST, A DISTANCE OF 150.79 | 18 |
| FT.; THENCE NORTH 45 DEGREES 51 MINUTES 58 SECONDS EAST, A | 19 |
| DISTANCE OF 145.34 FT.; THENCE NORTH 12 DEGREES 30 MINUTES | 20 |
| 09 SECONDS EAST, A DISTANCE OF 85.19 FT.; THENCE NORTH 24 | 21 |
| DEGREES 28 MINUTES 33 SECONDS EAST, A DISTANCE OF 147.51 | 22 |
| FT.; THENCE NORTH 39 DEGREES 03 MINUTES 52 SECONDS EAST, A | 23 |
| DISTANCE OF 248.14 FT.(248.33 FT=DEED); THENCE SOUTH 61 | 24 |
| DEGREES 25 MINUTES 18 SECONDS EAST, A DISTANCE OF 46.86 FT. | 25 |
| TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY 99.59 FT. | 26 |
| ALONG THE ARC OF A CURVE, CONCAVE NORTHEASTERLY AND HAVING | 27 |
| A RADIUS OF 180.0 FT., AND A CHORD DISTANCE BEARING OF | 28 |
| SOUTH 77 DEGREES 16 MINUTES 17 SECONDS EAST, AND A CHORD | 29 |
| DISTANCE OF SOUTH 98.32 FT. TO THE POINT OF TANGENCY; | 30 |
| THENCE NORTH 86 DEGREES 52 MINUTES 44 SECONDS EAST, A | 31 |
| DISTANCE OF 199.89 FT. TO THE EAST LINE OF THE NORTHWEST | 32 |
| QUARTER OF SAID SECTION TWENTY-ONE; THENCE SOUTH 00 DEGREES | 33 |
| 20 MINUTES 03 SECONDS WEST, ON THE EAST LINE OF THE | 34 |
| NORTHWEST QUARTER OF SAID SECTION TWENTY-ONE, A DISTANCE OF |
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| 420.86 FT. TO THE POINT OF BEGINNING, IN HANOVER TOWNSHIP, | 2 |
| COOK COUNTY, ILLINOIS, CONTAINING 16.612 ACRES MORE OR | 3 |
| LESS. ALSO ALL THAT PART OF IRVING PARK ROAD (ALSO KNOWN AS | 4 |
| ILLINOIS ROUTE 19) LYING SOUTHWESTERLY OF AND ADJOINING THE | 5 |
| ABOVE DESCRIBED PROPERTY, ALL IN COOK COUNTY, ILLINOIS. | 6 |
| Parcel 11: | 7 |
| THAT PART OF SECTIONS EIGHT, SIXTEEN AND SEVENTEEN, | 8 |
| TOWNSHIP 41 NORTH, RANGE NINE, EAST OF THE THIRD PRINCIPAL | 9 |
| MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE | 10 |
| INTERSECTION OF THE SOUTH LINE OF THE 100 FOOT WIDE | 11 |
| RIGHT-OF-WAY OF GOLF ROAD (ILLINOIS ROUTE 58) AND THE EAST | 12 |
| LINE OF THE 66 FOOT WIDE RIGHT-OF-WAY OF ROHRSSEN ROAD; | 13 |
| THENCE SOUTH 16 DEGREES 32 MINUTES 42 SECONDS WEST ALONG | 14 |
| THE EAST LINE OF SAID ROHRSSEN ROAD RIGHT-OF-WAY 310.04 | 15 |
| FT.; THENCE NORTH 73 DEGREES 27 MINUTES 18 SECONDS WEST, | 16 |
| 66.00 FT. TO A POINT IN THE WEST RIGHT-OF WAY LINE OF SAID | 17 |
| ROHRSSEN ROAD; THENCE SOUTH 89 DEGREES 36 MINUTES 01 | 18 |
| SECONDS WEST, 807.31 FT.; THENCE NORTH 00 DEGREES 29 | 19 |
| MINUTES 00 SECONDS WEST, 81.82 FT.; THENCE SOUTH 87 DEGREES | 20 |
| 13 MINUTES 49 SECONDS WEST, 725.00 FT.; THENCE NORTH 00 | 21 |
| DEGREES 48 MINUTES 30 SECONDS WEST, 673.60 FT. TO A POINT | 22 |
| IN THE SOUTH LINE OF SAID 100 FOOT WIDE RIGHT-OF-WAY OF | 23 |
| GOLF ROAD AFORESAID, SAID POINT BEING ON A 3947.40 FOOT | 24 |
| RADIUS CURVE; THENCE EASTERLY ALONG SAID 3947.40 FOOT | 25 |
| RADIUS CURVE TO THE RIGHT AN ARC DISTANCE OF 17.70 FT. TO A | 26 |
| POINT OF TANGENCY IN SAID RIGHT-OF-WAY LINE; THENCE SOUTH | 27 |
| 75 DEGREES 16 MINUTES 32 SECONDS EAST, 1482.69 FT. TO A | 28 |
| POINT OF CURVATURE IN SAID RIGHT-OF-WAY LINE; THENCE ALONG | 29 |
| A 4126.70 FOOT RADIUS CURVE TO THE LEFT AN ARC DISTANCE OF | 30 |
| 181.70 FT. TO A POINT IN THE WEST RIGHT-OF-WAY LINE OF SAID | 31 |
| ROHRSSEN ROAD; THENCE SOUTH 79 DEGREES 03 MINUTES 37 | 32 |
| SECONDS EAST, 66.32 FT. TO THE POINT OF BEGINNING, TOGETHER | 33 |
| WITH ALL THAT PART OF THE 100 FOOT WIDE GOLF ROAD | 34 |
| RIGHT-OF-WAY LYING NORTH OF AND ADJACENT TO THE ABOVE |
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| DESCRIBED TRACT OF LAND, ALL IN COOK COUNTY, ILLINOIS, | 2 |
| CONTAINING 21.94 ACRES MORE OR LESS.
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| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law.".
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