SB1188sam001 94TH GENERAL ASSEMBLY

Sen. Bill Brady

Filed: 5/13/2005

09400SB1188sam001 LRB094 04885 LCB 46030 a

AMENDMENT TO SENATE BILL 1188

AMENDMENT NO. ______. Amend Senate Bill 1188 by replacing everything after the enacting clause with the following:

"Section 5. The Code of Civil Procedure is amended by adding Section 7-103.113 as follows:

(735 ILCS 5/7-103.113 new)

Sec. 7-103.113. Quick-take; Bloomington and Normal Water Reclamation District. Quick-take proceedings under Section 7-103 may be used for a period of 12 months after the effective date of this amendatory Act of the 94th General Assembly by the Bloomington and Normal Water Reclamation District for the purpose of sewer overflow improvements for the acquisition of the following specified real property and easements: Parcel 1:

A part of Lot 7 and a part of Lot 8 in the Subdivision of the North Half of Section 5, Township 23 North, Range 2 East of the Third Principal Meridian, City of Bloomington, McLean County, Illinois, more particularly bounded and described as follows: Beginning on the North Line of said Lots 7 and 8, 142.43 feet east of the Northwest Corner of said Lot 7, thence continuing east 240.36 feet to the West Line of the East 85 Feet of the West 1 acre of said Lot 8; thence South 158.10 feet on the West Line of the East 85 feet of the West 1 Acre of said Lot 8 to the North Right-of-Way Line of Illinois Route 9 shown in Plat Document No. 79-7856 and Plat Book 14 on pages 104 and 117, said course forming an angle of 88°-36'-25" to the left with the North line of said Lots 7 and 8; thence westerly on said Right-of-Way line 135.90 feet on a curve concave to the Northwest having a central angle of 21°-00'-09", a radius of 370.74 feet and a chord distance of 135.14 feet with the chord of said arc forming an angle of 105°-06'-37" to the left with the last described course; thence westerly on said Right-of-Way Line 110.12 feet which course forms an angle of 169°-29'-52" to the left with the chord of the last described curve; thence North 196.33 feet parallel with the West Line of said Lot 7 which course forms an angle of 85°-24'-34" to the left with the last described course to the Point of Beginning, in McLean County, Illinois.

PERMANENT SANITARY SEWER EASEMENT REQUIRED:

A part of Lot 7 in the Subdivision of the North Half of Section 5, Township 23 North, Range 2 East of the Third Principal Meridian, City of Bloomington, McLean County, Illinois, more particularly described as follows: Beginning on the North line of said Lots 7, 142.43 feet East of the Northwest Corner of said Lot 7. From said Point of Beginning, thence East 25.34 feet along the North Line of said Lot 7; thence Southwest 49.74 feet along a line which forms an angle to the left of 88º-24'-04" with the last described course; thence South 134.08 feet along a line which forms an angle to the left of 169º-30'-28" with the last described course; thence Southwest 11.64 feet along a line which forms an angle to the left of 160º-16'-02" with the last described course to the North Right-of-Way Line of Illinois Route 9 as shown on Plat recorded as Document No. 79-7856 and Plat Book 14 on pages 104 and 117; thence Northwest 47.28 feet along said North Right-of-Way Line which forms an angle to the left of 104º-03'-16" with the last described course; thence North 196.33 feet along a line parallel with the West Line of said Lot 7 and which forms an angle to the left of 85º-24'-31" with the last described course to the Point of Beginning, containing 0.156 of an acre, more or less.

TEMPORARY EASEMENT FOR WORKING PURPOSES ONLY DURING CONSTRUCTION:

A strip of land 20 feet in width lying East of and adjacent to said Permanent Sanitary Sewer Easement.

Parcel 2:

A part of Lots 23, 24, 26 and 27 in County Clerk's Subdivision of Lots 8, 9, 10, 11 and 12 in the Subdivision of Section 6, and part of Lot 10 in Abbott's Subdivision of a part of the Northeast Quarter of Section 6, all in Township 23 North, Range 2 East of the Third Principal Meridian, McLean County, Illinois, more particularly described as follows: Commencing at a point on the North Line of Washington Street, said point being the Southwest Corner of Lot 27 in County Clerk's Subdivision of Lots 8, 9, 10, 11 and 12 in the Subdivision of Section 6; thence North 89º-58'-03" East 221.15 feet on the South Line of said Lot 27 to the Point of Beginning on the East line of the West 3.35 Chains of said Lot 27; thence North 01°-16'-29" West 469.15 feet on said East Line of the West 3.35 Chains of Lot 27; thence North 89°-18'-08" West 221.23 feet to the West Line of said Lot 27; thence North 01º-16'-29" West 82.50 feet on the West Line of said Lot 27 and the West Line of Lot 23 in said County Clerk's Subdivision of Lots 8, 9, 10, 11 and 12 in the Subdivision of Section 6 to the North Right-of-way Line of the former Peoria, Bloomington and Champaign Traction Company; thence South 88º-48'-36" East 916.20 feet on said North Right-of-Way Line to the East Line of Lot 24 in said County Clerk's Subdivision of Lots 8, 9, 10, 11 and 12 in the Subdivision of Section 6; thence South 89º-30'-11" East 492.78 feet; thence South 00º-14'-06" West 35.80 feet to the North Line of the Southeast Quarter of said Section 6; thence South 89º-46'-53" West 170.84 feet on the North Line of said Southeast Quarter of Section 6 to the West Line of the East 3.00 acres of Lot 26 in said County Clerk's Subdivision of Lots 8, 9, 10, 11 and 12 in the Subdivision of Section 6; thence South 00º-14'-06" West 493.89 feet on said West Line of the East 3.00 acres of Lot 26 to the South Line of said Lot 26 on the North Line of Washington Street; thence South 89º-58'-03" West 1002.27 feet on the South Line of said Lots 26 and 27 to the Point of Beginning, in McLean County, Illinois, EXCEPT therefrom any portion lying within Outlot 4 in Market Square Subdivision in the City of Bloomington, McLean County, Illinois recorded as Document No. 88-5207 in the McLean County Recorder's Office.

PERMANENT SANITARY SEWER EASEMENT REQUIRED:

A part said property more particularly described as follows: Beginning at the intersection of the West Line of said Outlot 4 with the North Right-of-Way Line of the former Peoria, Bloomington and Champaign Traction Company Right-of-Way. From said Point of Beginning, thence West 333.47 feet along said North Right-of-Way Line; thence Southwest 648.24 feet along a line which forms an angle to the right of 126º-08'-14" with the last described course; thence Southwest 15.54 feet along a line which forms an angle to the right of 170º-49'-24" with the last described course to a point on the South Line of said property lying 401.34 feet East of the Southwest Corner of said property; thence East 71.71 feet along said South Line which forms an angle to the right of 62º-30'-36" with the last described course; thence Northeast 617.10 feet along a line which forms an angle to the right of 126º-40'-00" with the last described course; thence East 276.49 feet along a line which forms an angle to the right of 229º-32'-08" with the last described course to the East Line of said property; thence Northeast 20.90 feet along said East Line which forms an angle to the right of 127º-36'-29" with the last described course to the Point of Beginning, containing 1.082 acres more or less.

TEMPORARY EASEMENT #1 FOR WORKING PURPOSES ONLY DURING CONSTRUCTION:

A strip of land 25 feet in width lying Northwest of and adjacent to said Permanent Easement. Said Temporary Easement is bounded on the North by the North Line of said property and bounded on the south by the South Line of said property.

TEMPORARY EASEMENT #2 FOR WORKING PURPOSES ONLY DURING CONSTRUCTION:

A strip of land 45 feet in width lying South and Southeast of and adjacent to said Permanent Easement. Said Temporary Easement is bounded upon the East by the East Line of said property and bounded on the South by the South Line of said property.

Parcel 3:

That part of Lots 10, 11 and 12 in the Subdivision of the North Half of Section 5, Township 23 North, Range 2 East of the Third Principal Meridian, all described as follows: Commencing at the intersection of the South Line of Old Peoria Road and the East Line of said Lot 12; thence North 80º-12'-43" West 207.00 feet along said South Line of Old Peoria Road to the true Point of Beginning; thence South 10º-00'-00" West 225.00 feet along a line parallel with said East Line of Lot 12 to a point; thence North 80º-12'-43" West 305 feet along a line parallel with said South Line of Old Peoria Road to a point in the Centerline of Sugar Creek; thence Northeasterly along said Centerline of Sugar Creek to a point on the South Line of Old Peoria Road; thence South 80º-12'-43" East 210 feet along said South Line of Old Peoria Road to the Point of Beginning, in McLean County, Illinois.

PERMANENT SANITARY SEWER EASEMENT REQUIRED:

That part of Lots 10, 11 and 12 in the Subdivision of the North Half of Section 5, Township 23 North, Range 2 East of the Third Principal Meridian, more particularly described as follows: Commencing at the intersection of the South Line of Old Peoria Road and the East line of said Lot 12; thence Northwest 387.04 feet along said South Line to the Point of Beginning. From said Point of Beginning, thence Southwest 8.27 feet along a line which forms an angle of 104º-11'-33" as measured from East to South with said South Line; thence Southwest 230.72 feet along a line which forms an angle to the right of 185º-40'-32" with the last described course; thence Southeast 53.17 feet along a line which forms an angle to the right of 70º-07'-47" with the last described course; thence Northeast 215.13 feet along a line which forms an angle to the right of 109º-52'-13" with the last described course; thence Northeast 23.39 feet along a line which forms an angle to the right of 174°-19'-28" with the last described course to said South Line; thence Northwest 51.57 feet along said South Line which forms an angle to the right of 75º-48'-27" with the last described course to the Point of Beginning, containing 0.274 of an acre, more or less.

TEMPORARY EASEMENT #1 FOR WORKING PURPOSES ONLY DURING CONSTRUCTION:

A strip of land 20 feet in width lying east of and adjacent to said Permanent Sanitary Sewer Easement.

TEMPORARY EASEMENT #2 FOR WORKING PURPOSES ONLY DURING CONSTRUCTION:

All of said property lying within a strip of land 30 feet in width lying west of and adjacent to said Permanent Sanitary Sewer Easement.

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