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90_HB3028enr 735 ILCS 5/7-103 from Ch. 110, par. 7-103 Amends the "quick-take" Section of the Code of Civil Procedure. Allows the City of Rochelle 24 months to acquire easements for the construction and maintenance of overhead utility lines and poles along a route within and adjacent to existing roadway easements on Twombley, Mulford, and Paw Paw roads in Ogle and Lee counties. Effective immediately. LRB9010378DJcd HB3028 Enrolled LRB9010378DJcd 1 AN ACT to amend the Code of Civil Procedure by changing 2 Section 7-103. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Code of Civil Procedure is amended by 6 changing Section 7-103 as follows: 7 (735 ILCS 5/7-103) (from Ch. 110, par. 7-103) 8 Sec. 7-103. "Quick-take". This Section applies only to 9 proceedings under this Article: 10 (1) by the State of Illinois, the Illinois Toll 11 Highway Authority or the St. Louis Metropolitan Area 12 Airport Authority for the acquisition of land or 13 interests therein for highway purposes; 14 (2) (blank); 15 (3) by the Department of Commerce and Community 16 Affairs for the purpose specified in the Illinois Coal 17 Development Bond Act; 18 (4) (blank); 19 (5) for the purpose specified in the St. Louis 20 Metropolitan Area Airport Authority Act; 21 (6) for a period of 24 months after May 24, 1996, 22 by the Southwestern Illinois Development Authority 23 pursuant to the Southwestern Illinois Development 24 Authority Act; 25 (7) for a period of 3 years after December 30, 26 1987, by the Quad Cities Regional Economic Development 27 Authority (except for the acquisition of land or 28 interests therein that is farmland, or upon which is 29 situated a farm dwelling and appurtenant structures, or 30 upon which is situated a residence, or which is wholly 31 within an area that is zoned for residential use) HB3028 Enrolled -2- LRB9010378DJcd 1 pursuant to the Quad Cities Regional Economic Development 2 Authority Act; 3 (8) by a sanitary district created under the 4 Metropolitan Water Reclamation District Act for the 5 acquisition of land or interests therein for purposes 6 specified in that Act; 7 (9) by a rail carrier within the time limitations 8 and subject to the terms and conditions set forth in 9 Section 18c-7501 of the Illinois Vehicle Code; 10 (10) for a period of 18 months after January 26, 11 1987, for the purpose specified in Division 135 of 12 Article 11 of the Illinois Municipal Code, by a 13 commission created under Section 2 of the Water 14 Commission Act of 1985; 15 (11) by a village containing a population of less 16 than 15,000 for the purpose of acquiring property to be 17 used for a refuse derived fuel system designed to 18 generate steam and electricity, and for industrial 19 development that will utilize such steam and electricity, 20 pursuant to Section 11-19-10 of the Illinois Municipal 21 Code; 22 (12) after receiving the prior approval of the City 23 Council, by a municipality having a population of more 24 than 500,000 for the purposes set forth in Section 25 11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the 26 Illinois Municipal Code, and for the same purposes when 27 established pursuant to home rule powers; 28 (13) by a home rule municipality, after a public 29 hearing held by the corporate authorities or by a 30 committee of the corporate authorities and after approval 31 by a majority of the corporate authorities, within an 32 area designated as an enterprise zone by the municipality 33 under the Illinois Enterprise Zone Act; 34 (14) by the Illinois Sports Facilities Authority HB3028 Enrolled -3- LRB9010378DJcd 1 for the purpose specified in Section 12 of the Illinois 2 Sports Facilities Authority Act; 3 (15) by a municipality having a population of more 4 than 2,000,000 for the purpose of acquiring the property 5 described in Section 3 of the Sports Stadium Act; 6 (16) for a period of 18 months after July 29, 1986, 7 in any proceeding by the Board of Trustees of the 8 University of Illinois for the acquisition of land in 9 Champaign County or interests therein as a site for a 10 building or for any educational purpose; 11 (17) for a period of 2 years after July 1, 1990, by 12 a home rule municipality and a county board, upon 13 approval of a majority of the corporate authorities of 14 both the county board and the municipality, within an 15 area designated as an enterprise zone by the municipality 16 and the county board through an intergovernmental 17 agreement under the Illinois Enterprise Zone Act, when 18 the purpose of the condemnation proceeding is to acquire 19 land for the construction of an industrial harbor port, 20 and when the total amount of land to be acquired for that 21 purpose is less than 75 acres and is adjacent to the 22 Illinois River; 23 (18) by an airport authority located solely within 24 the boundaries of Madison County, Illinois, and which is 25 organized pursuant to the provisions of the Airport 26 Authorities Act, (i) for the acquisition of 160 acres, or 27 less, of land or interests therein for the purposes 28 specified in that Act which may be necessary to extend, 29 mark, and light runway 11/29 for a distance of 1600 feet 30 in length by 100 feet in width with parallel taxiway, to 31 relocate and mark County Highway 19, Madison County, 32 known as Moreland Road, to relocate the instrument 33 landing system including the approach lighting system and 34 to construct associated drainage, fencing and seeding HB3028 Enrolled -4- LRB9010378DJcd 1 required for the foregoing project and (ii) for a period 2 of 6 months after December 28, 1989, for the acquisition 3 of 75 acres, or less, of land or interests therein for 4 the purposes specified in that Act which may be necessary 5 to extend, mark and light the south end of runway 17/35 6 at such airport; 7 (19) by any unit of local government for a 8 permanent easement for the purpose of maintaining, 9 dredging or cleaning the Little Calumet River; 10 (20) by any unit of local government for a 11 permanent easement for the purpose of maintaining, 12 dredging or cleaning the Salt Creek in DuPage County; 13 (21) by St. Clair County, Illinois, for the 14 development of a joint use facility at Scott Air Force 15 Base; 16 (22) by the Village of Summit, Illinois, to acquire 17 land for a waste to energy plant; 18 (23) for a period of 15 months after September 7, 19 1990, by the Department of Transportation or by any unit 20 of local government under the terms of an 21 intergovernmental cooperation agreement between the 22 Department of Transportation and the unit of local 23 government for the purpose of developing aviation 24 facilities in and around Chanute Air Force Base in 25 Champaign County, Illinois; 26 (24) for a period of 1 year after December 12, 27 1990, by the City of Morris for the development of the 28 Morris Municipal Airport; 29 (25) for a period of 1 year after June 19, 1991, by 30 the Greater Rockford Airport Authority for airport 31 expansion purposes; 32 (26) for a period of 24 months after June 30, 1991, 33 by the City of Aurora for completion of an instrument 34 landing system and construction of an east-west runway at HB3028 Enrolled -5- LRB9010378DJcd 1 the Aurora Municipal Airport; 2 (27) for the acquisition by the Metropolitan Pier 3 and Exposition Authority of property described in 4 subsection (f) of Section 5 of the Metropolitan Pier and 5 Exposition Authority Act for the purposes of providing 6 additional grounds, buildings, and facilities related to 7 the purposes of the Metropolitan Pier and Exposition 8 Authority; 9 (28) for a period of 24 months after March 1, 1992, 10 by the Village of Wheeling and the City of Prospect 11 Heights, owners of the Palwaukee Municipal Airport, to 12 allow for the acquisition of right of way to complete the 13 realignment of Hintz Road and Wolf Road; 14 (29) for a period of one year from the effective 15 date of this amendatory Act of 1992, by the 16 Bloomington-Normal Airport Authority for airport 17 expansion purposes; 18 (30) for a period of 24 months after September 10, 19 1993, by the Cook County Highway Department and Lake 20 County Department of Transportation to allow for the 21 acquisition of necessary right-of-way for construction of 22 underpasses for Lake-Cook Road at the Chicago 23 Northwestern Railroad crossing, west of Skokie Boulevard, 24 and the Chicago, Milwaukee, St. Paul and Pacific Railroad 25 crossing, west of Waukegan Road; 26 (31) for a period of one year after December 23, 27 1993, by the City of Arcola and the City of Tuscola for 28 the development of the Arcola/Tuscola Water Transmission 29 Pipeline Project pursuant to the intergovernmental 30 agreement between the City of Arcola and the City of 31 Tuscola; 32 (32) for a period of 24 months from December 23, 33 1993, by the Village of Bensenville for the acquisition 34 of property bounded by Illinois Route 83 to the west and HB3028 Enrolled -6- LRB9010378DJcd 1 O'Hare International Airport to the east to complete a 2 flood control project known as the Bensenville Ditch; 3 (33) for a period of 9 months after November 1, 4 1993, by the Medical Center Commission for the purpose of 5 acquiring a site for the Illinois State Police Forensic 6 Science Laboratory at Chicago, on the block bounded by 7 Roosevelt Road on the north, Wolcott Street on the east, 8 Washburn Street on the south, and Damen Avenue on the 9 west in Chicago, Illinois; 10 (34) for a period of 36 months after July 14, 1995, 11 by White County for the acquisition of a 3 1/2 mile 12 section of Bellaire Road, which is described as follows: 13 Commencing at the Northwest Corner of the Southeast 1/4 14 of Section 28, Township 6 South, Range 10 East of the 3rd 15 Principal Meridian; thence South to a point at the 16 Southwest Corner of the Southeast 1/4 of Section 9, 17 Township 7 South, Range 10 East of the 3rd Principal 18 Meridian; 19 (35) for a period of one year after July 14, 1995, 20 by the City of Aurora for permanent and temporary 21 easements except over land adjacent to Indian Creek and 22 west of Selmarten Creek located within the City of Aurora 23 for the construction of Phase II of the Indian Creek 24 Flood Control Project; 25 (35.1) for a period beginning June 24, 1995 (the 26 day following the effective date of Public Act 89-29) and 27 ending on July 13, 1995 (the day preceding the effective 28 date of Public Act 89-134), by the City of Aurora for 29 permanent and temporary easements for the construction of 30 Phase II of the Indian Creek Flood Control Project; 31 (36) for a period of 63years from July 14, 1995, 32 by the Grand Avenue Railroad Relocation Authority for the 33 Grand Avenue Railroad Grade Separation Project within the 34 Village of Franklin Park, Illinois; HB3028 Enrolled -7- LRB9010378DJcd 1 (37) for a period of 3 years after July 14, 1995, 2 by the Village of Romeoville for the acquisition of 3 rights-of-way for the 135th Street Bridge Project, lying 4 within the South 1/2 of Section 34, Township 37 North, 5 Range 10 East and the South 1/2 of Section 35, Township 6 37 North, Range 10 East of the Third Principal Meridian, 7 and the North 1/2 of Section 2, Township 36 North, Range 8 10 East and the North 1/2 of Section 3, Township 36 9 North, Range 10 East of the 3rd Principal Meridian, in 10 Will County, Illinois; 11 (37.1) for a period of 3 years after June 23, 1995, 12 by the Illinois Department of Transportation for the 13 acquisition of rights-of-way for the 135th Street Bridge 14 Project between the Des Plaines River and New Avenue 15 lying within the South 1/2 of Section 35, Township 37 16 North, Range 10 East of the Third Principal Meridian and 17 the North 1/2 of Section 2, Township 36 North, Range 10 18 East of the 3rd Principal Meridian, in Will County, 19 Illinois; 20 (38) for a period beginning June 24, 1995 (the day 21 after the effective date of Public Act 89-29) and ending 22 18 months after July 14, 1995 (the effective date of 23 Public Act 89-134), by the Anna-Jonesboro Water 24 Commission for the acquisition of land and easements for 25 improvements to its water treatment and storage 26 facilities and water transmission pipes; 27 (39) for a period of 36 months after July 14, 1995, 28 by the City of Effingham for the acquisition of property 29 which is described as follows: 30 Tract 1: 31 Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO 32 THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat 33 thereof recorded in Book "K", Page 769, in the Recorder's 34 Office of Effingham County), situated in the City of HB3028 Enrolled -8- LRB9010378DJcd 1 Effingham, County of Effingham and State of Illinois. 2 Tract 2: 3 The alley lying South and adjoining Tract 1, as 4 vacated by Ordinance recorded on July 28, 1937 in Book 5 183, Page 465, and all right, title and interest in and 6 to said alley as established by the Contract for Easement 7 recorded on August 4, 1937 in Book 183, Page 472; 8 (40) for a period of one year after July 14, 1995, 9 by the Village of Palatine for the acquisition of 10 property located along the south side of Dundee Road 11 between Rand Road and Hicks Road for redevelopment 12 purposes; 13 (41) for a period of 6 years after July 1, 1995, 14 for the acquisition by the Medical Center District of 15 property described in Section 3 of the Illinois Medical 16 District Act within the District Development Area as 17 described in Section 4 of that Act for the purposes set 18 forth in that Act; 19 (41.5) for a period of 24 months after June 21, 20 1996 by the City of Effingham, Illinois for acquisition 21 of property for the South Raney Street Improvement 22 Project Phase I; 23 (42) for a period of 3 years after June 21, 1996, 24 by the Village of Deerfield for the acquisition of 25 territory within the Deerfield Village Center, as 26 designated as of that date by the Deerfield Comprehensive 27 Plan, with the exception of that area north of Jewett 28 Park Drive (extended) between Waukegan Road and the 29 Milwaukee Railroad Tracks, for redevelopment purposes; 30 (43) for a period of 12 months after June 21, 1996, 31 by the City of Harvard for the acquisition of property 32 lying west of Harvard Hills Road of sufficient size to 33 widen the Harvard Hills Road right of way and to install 34 and maintain city utility services not more than 200 feet HB3028 Enrolled -9- LRB9010378DJcd 1 west of the center line of Harvard Hills Road; 2 (44) for a period of 5 years after June 21, 1996, 3 by the Village of River Forest, Illinois, within the area 4 designated as a tax increment financing district when the 5 purpose of the condemnation proceeding is to acquire land 6 for any of the purposes contained in the River Forest Tax 7 Increment Financing Plan or authorized by the Tax 8 Increment Allocation Redevelopment Act, provided that 9 condemnation of any property zoned and used exclusively 10 for residential purposes shall be prohibited; 11 (45) for a period of 18 months after June 28, 1996, 12 by the Village of Schaumburg for the acquisition of land, 13 easements, and aviation easements for the purpose of a 14 public airport in Cook and DuPage Counties; provided that 15 if any proceedings under the provisions of this Article 16 are pending on that date, "quick-take" may be utilized by 17 the Village of Schaumburg; 18 (46) for a period of one year after June 28, 1996, 19 by the City of Pinckneyville for the acquisition of land 20 and easements to provide for improvements to its water 21 treatment and storage facilities and water transmission 22 pipes, and for the construction of a sewerage treatment 23 facility and sewerage transmission pipes to serve the 24 Illinois Department of Corrections Pinckneyville 25 Correctional Facility; 26 (47) for a period of 6 months after June 28, 1996, 27 by the City of Streator for the acquisition of property 28 described as follows for a first flush basin sanitary 29 sewer system: 30 Tract 5: That part of lots 20 and 21 in Block 31 6 in Moore and Plumb's addition to the city of 32 Streator, Illinois, lying south of the right of way 33 of the switch track of the Norfolk and Western 34 Railroad (now abandoned) in the county of LaSalle, HB3028 Enrolled -10- LRB9010378DJcd 1 state of Illinois; 2 Tract 6: That part of lots 30, 31 and 32 in 3 Block 7 in Moore and Plumb's Addition to the city of 4 Streator, Illinois, lying north of the centerline of 5 Coal Run Creek and south of the right of way of the 6 switch track of the Norfolk and Western Railroad 7 (now abandoned) in the county of LaSalle, state of 8 Illinois; 9 (48) for a period of 36 months after January 16, 10 1997, by the Bi-State Development Agency of the 11 Missouri-Illinois Metropolitan District for the 12 acquisition of rights of way and related property 13 necessary for the construction and operation of the 14 MetroLink Light Rail System, beginning in East St. Louis, 15 Illinois, and terminating at Mid America Airport, St. 16 Clair County, Illinois; 17 (49) for a period of 2 years after January 16, 18 1997, by the Village of Schaumburg for the acquisition of 19 rights-of-way, permanent easements, and temporary 20 easements for the purpose of improving the Roselle 21 Road/Illinois Route 58/Illinois Route 72 corridor, 22 including rights-of-way along Roselle Road, Remington 23 Road, Valley Lake Drive, State Parkway, Commerce Drive, 24 Kristin Circle, and Hillcrest Boulevard, a permanent 25 easement along Roselle Road, and temporary easements 26 along Roselle Road, State Parkway, Valley Lake Drive, 27 Commerce Drive, Kristin Circle, and Hillcrest Boulevard, 28 in Cook County; 29 (50) (blank); 30 (51) for a period of 12 months after July 25, 1997 31the effective date of this amendatory Act of 1997, by the 32 Village of Bloomingdale for utility relocations 33 necessitated by the Lake Street Improvement Project on 34 Lake Street between Glen Ellyn Road and Springfield Drive HB3028 Enrolled -11- LRB9010378DJcd 1 in the Village of Bloomingdale; 2 (52) for a period of 36 months after July 25, 1997 3the effective date of this amendatory Act of 1997, by the 4 City of Freeport, owners of the Freeport Albertus 5 Municipal Airport, to allow for acquisition of any land, 6 rights, or other property lying between East Lamm Road 7 and East Borchers Road to complete realignment of South 8 Hollywood Road and to establish the necessary runway 9 safety zone in accordance with Federal Aviation 10 Administration and Illinois Department of Transportation 11 design criteria; 12 (53) for a period of 3 years after July 1, 1997, by 13 the Village of Elmwood Park to be used only for the 14 acquisition of commercially zoned property within the 15 area designated as the Tax Increment Redevelopment 16 Project Area by ordinance passed and approved on December 17 15, 1986, as well as to be used only for the acquisition 18 of commercially zoned property located at the northwest 19 corner of North Avenue and Harlem Avenue and commercially 20 zoned property located at the southwest corner of Harlem 21 Avenue and Armitage Avenue for redevelopment purposes, as 22 set forth in Division 74.3 of Article 11 of the Illinois 23 Municipal Code; 24 (54) for a period of 3 years after July 25, 1997 25the effective date of this amendatory Act of 1997, by the 26 Village of Oak Park for the acquisition of property 27 located along the south side of North Avenue between 28 Austin Boulevard and Harlem Avenue or along the north and 29 south side of Harrison Street between Austin Boulevard 30 and Elmwood Avenue, not including residentially zoned 31 properties within these areas, for commercial 32 redevelopment goals;.33 (54.1)(53)for a period of 3 years after August 34 14, 1997the effective date of this amendatory Act ofHB3028 Enrolled -12- LRB9010378DJcd 11997, by the Village of Oak Park for the acquisition of 2 property within the areas designated as the Greater 3 Downtown Area Tax Increment Financing District, the 4 Harlem/Garfield Tax Increment Financing District, and the 5 Madison Street Tax Increment Financing District, not 6 including residentially zoned properties within these 7 areas, for commercial redevelopment goals; 8 (54.2)(54)for a period of 3 years after August 9 14, 1997the effective date of this amendatory Act of101997, by the Village of Oak Park for the acquisition of 11 property within the areas designated as the North Avenue 12 Commercial Strip and the Harrison Street Business Area, 13 not including residentially zoned properties within these 14 areas, for commercial redevelopment goals; 15 (55)(51)for a period of 3 years after August 14, 16 1997the effective date of this amendatory Act of 1997by 17 the Village of Morton Grove, within the area designated 18 as the Waukegan Road Tax Increment Financing District to 19 be used only for acquiring commercially zoned properties 20 located on Waukegan Road for tax increment redevelopment 21 projects contained in the redevelopment plan for the 22 area; 23 (56)(52)For a period of 2 years after August 14, 24 1997the effective date of this amendatory Act of 1997, 25 by the Village of Rosemont for the acquisition of the 26 property described as Tract 1, and the acquisition of any 27 leasehold interest of the property described as Tract 2, 28 both described as follows: 29 Tract 1 30 PARCEL 1: 31 THAT PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 32 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, 33 DESCRIBED AS FOLLOWS: 34 COMMENCING AT THE INTERSECTION OF A LINE 50.00 FEET, AS HB3028 Enrolled -13- LRB9010378DJcd 1 MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE 2 SOUTH LINE OF SAID SOUTHWEST 1/4 WITH A LINE 484.69 3 FEET, AS MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL 4 WITH THE WEST LINE OF SAID SOUTHWEST 1/4 (THE WEST LINE 5 OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF NORTH 6 00 DEGREES 00 MINUTES 00 SECONDS EAST FOR THIS LEGAL 7 DESCRIPTION); THENCE NORTH 00 DEGREES 00 MINUTES 00 8 SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE, 9 427.26 FEET TO A POINT FOR A PLACE OF BEGINNING; THENCE 10 CONTINUING NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST 11 ALONG SAID LAST DESCRIBED PARALLEL LINE, 251.92 FEET; 12 THENCE NORTH 45 DEGREES 00 MINUTES 00 SECONDS EAST, 13 32.53 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 14 SECONDS EAST, 53.70 FEET; THENCE SOUTH 72 DEGREES 34 15 MINUTES 18 SECONDS EAST, 149.63 FEET; THENCE SOUTH 00 16 DEGREES 00 MINUTES 00 SECONDS WEST, 230.11 FEET; THENCE 17 SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 219.46 FEET, 18 TO THE POINT OF BEGINNING IN COOK COUNTY, ILLINOIS. 19 PARCEL 2: 20 THAT PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 21 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, 22 DESCRIBED AS FOLLOWS: 23 COMMENCING AT THE INTERSECTION OF A LINE 50.00 FEET, AS 24 MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE 25 SOUTH LINE OF SAID SOUTHWEST 1/4 WITH A LINE 484.69 26 FEET, AS MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL 27 WITH THE WEST LINE OF SAID SOUTHWEST 1/4 (THE WEST LINE 28 OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF NORTH 29 00 DEGREES, 00 MINUTES, 00 SECONDS EAST FOR THIS LEGAL 30 DESCRIPTION); THENCE NORTH 00 DEGREES, 00 MINUTES, 00 31 SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE, 32 153.00 FEET; THENCE NORTH 90 DEGREES, 00 MINUTES, 00 33 SECONDS EAST, 89.18 FEET; THENCE NORTH 00 DEGREES, 00 34 MINUTES, 00 SECONDS EAST, 48.68 FEET; THENCE NORTH 90 HB3028 Enrolled -14- LRB9010378DJcd 1 DEGREES, 00 MINUTES, 00 SECONDS EAST, 43.53 FEET; THENCE 2 SOUTH 00 DEGREES, 00 MINUTES, 00 SECONDS EAST, 8.00 FEET; 3 THENCE NORTH 90 DEGREES, 00 MINUTES, 00 SECONDS EAST, 4 44.23 FEET; THENCE NORTH 45 DEGREES, 00 MINUTES, 00 5 SECONDS EAST, 60.13 FEET; THENCE NORTH 00 DEGREES, 00 6 MINUTES, 00 SECONDS EAST, 141.06 FEET TO A POINT FOR A 7 PLACE OF BEGINNING, SAID POINT BEING 447.18 FEET NORTH 8 AND 704.15 FEET EAST OF THE SOUTHWEST CORNER OF THE 9 SOUTHWEST 1/4 OF SAID SECTION 33, AS MEASURED ALONG THE 10 WEST LINE OF SAID SOUTHWEST 1/4 AND ALONG A LINE AT RIGHT 11 ANGLES THERETO; THENCE NORTH 00 DEGREES, 00 MINUTES, 00 12 SECONDS EAST, 280.11 FEET; THENCE NORTH 72 DEGREES, 34 13 MINUTES, 18 SECONDS WEST, 149.63 FEET; THENCE SOUTH 90 14 DEGREES, 00 MINUTES, 00 SECONDS WEST, 53.70 FEET; THENCE 15 SOUTH 45 DEGREES, 00 MINUTES, 00 SECONDS WEST, 32.53 FEET 16 TO A POINT ON A LINE 484.69 FEET, AS MEASURED AT RIGHT 17 ANGLES, EAST OF AND PARALLEL WITH THE WEST LINE OF SAID 18 SOUTHWEST 1/4, SAID POINT BEING 679.18 FEET, AS MEASURED 19 ALONG SAID PARALLEL LINE, NORTH OF THE AFOREDESCRIBED 20 POINT OF COMMENCEMENT; THENCE NORTH 00 DEGREES, 00 21 MINUTES, 00 SECONDS EAST ALONG SAID LAST DESCRIBED 22 PARALLEL LINE, 158.10 FEET; THENCE NORTH 39 DEGREES, 39 23 MINUTES, 24 SECONDS EAST, 27.09 FEET TO AN INTERSECTION 24 WITH THE SOUTHERLY LINE OF HIGGINS ROAD, BEING A LINE 25 50.00 FEET, AS MEASURED AT RIGHT ANGLES, SOUTHERLY OF 26 AND PARALLEL WITH THE CENTER LINE OF SAID ROAD; THENCE 27 SOUTH 72 DEGREES, 34 MINUTES, 18 SECONDS EAST ALONG SAID 28 LAST DESCRIBED SOUTHERLY LINE, 382.55 FEET TO AN 29 INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF THE 30 MINNEAPOLIS, ST. PAUL AND SAULT STE. MARIE RAILROAD 31 (FORMERLY THE CHICAGO AND WISCONSIN RAILROAD); THENCE 32 SOUTH 14 DEGREES, 51 MINUTES, 36 SECONDS EAST ALONG SAID 33 LAST DESCRIBED WESTERLY LINE, 378.97 FEET; THENCE SOUTH 34 90 DEGREES, 00 MINUTES, 00 SECONDS WEST, 260.00 FEET TO HB3028 Enrolled -15- LRB9010378DJcd 1 THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS. 2 Generally comprising approximately 3.8 acres along 3 the south side of Higgins Road, East of Mannheim Road. 4 Tract 2 5 PARCEL 1: 6 Any leasehold interest of any portion of the 7 property legally described as follows: 8 THAT PART OF THE EAST 8 ACRES OF LOT 2 IN FREDERICK 9 JOSS'SJOSS92SDIVISION OF LAND IN SECTION 9, TOWNSHIP 40 10 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN 11 (EXCEPT THE NORTH 500 FEET THEREOF AS MEASURED ON THE 12 EAST LINE) LYING EASTERLY OF THE FOLLOWING DESCRIBED 13 LINE: BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 14 2, 19.07 FEET WEST OF THE NORTHEAST CORNER THEREOF; 15 THENCE SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 73 16 DEGREES 46 MINUTES 40 SECONDS (AS MEASURED FROM WEST TO 17 SOUTHWEST) WITH THE AFORESAID NORTH LINE OF LOT 2, A 18 DISTANCE OF 626.69 FEET TO A POINT; THENCE SOUTHEASTERLY 19 ALONG A LINE FORMING AN ANGLE OF 20 DEGREES 58 MINUTES 20 25 SECONDS (AS MEASURED TO THE LEFT) WITH A PROLONGATION 21 OF THE LAST DESCRIBED COURSE A DISTANCE OF 721.92 FEET 22 TO A POINT IN THE SOUTH LINE OF SAID LOT WHICH IS 85.31 23 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 2, 24 EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PREMISES: 25 THE SOUTH 50 FEET OF LOT 2 LYING EAST OF THE FOLLOWING 26 DESCRIBED LINE; BEGINNING AT A POINT IN THE SOUTH LINE 27 OF LOT 2, WHICH IS 85.31 FEET WEST OF THE SOUTHEAST 28 CORNER OF SAID LOT; THENCE NORTHERLY ON A LINE WHICH 29 FORMS AN ANGLE OF 85 DEGREES 13 MINUTES 25 SECONDS IN 30 THE NORTHWEST 1/4 WITH SAID LAST DESCRIBED LINE IN 31 FREDERICK JOSS'SJOSS92SDIVISION OF LANDS IN THE 32 NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 40 NORTH, RANGE 12 33 EAST OF THE THIRD PRINCIPAL MERIDIAN. 34 PARCEL 2: HB3028 Enrolled -16- LRB9010378DJcd 1 Plus any rights of ingress and egress which the said 2 holder of the leasehold interest may have pursuant to 3 the following described easement: 4 GRANT OF EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED 5 BY GRANT FROM FRACAP SHEET METAL MANUFACTURING COMPANY, 6 INC. TO JUNE WEBER POLLY DATED NOVEMBER 16, 1970 AND 7 RECORDED APRIL 7, 1971 AS DOCUMENT 21442818 FOR 8 PASSAGEWAY OVER THE EAST 20 FEET AS MEASURED AT RIGHT 9 ANGLES TO THE EAST LINE THEREOF OF THE NORTH 500 FEET OF 10 THAT PART OF THE EAST 8 ACRES OF LOT 2 IN FREDERICK 11 JOSS'SJOSS92SDIVISION OF LAND IN SECTION 9, TOWNSHIP 12 40 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, 13 LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: 14 BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 2, 15 19.07 FEET WEST OF THE NORTHEAST CORNER THEREOF; THENCE 16 SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 73 17 DEGREES 46 MINUTES 40 SECONDS (AS MEASURED FROM WEST TO 18 SOUTHWEST) WITH THE AFORESAID NORTH LINE OF LOT 2, A 19 DISTANCE OF 626.69 FEET TO A POINT; THENCE SOUTHEASTERLY 20 ALONG A LINE FORMING AN ANGLE OF 20 DEGREES 58 MINUTES 21 25 SECONDS (AS MEASURED TO THE LEFT) WITH A PROLONGATION 22 OF THE LAST DESCRIBED COURSE A DISTANCE OF 721.92 FEET 23 TO A POINT IN THE SOUTH LINE OF SAID LOT 2, WHICH IS 24 85.31 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 2, 25 IN COOK COUNTY, ILLINOIS; 26 (57)(55)for a period of 24 months from August 14, 27 1997the effective date of this amendatory Act of 1997, 28 by the City of Champaign for the acquisition of land and 29 easements in and adjacent to the City of Champaign for 30 the improvement of Windsor Road and Duncan Road and for 31 the construction of the Boneyard Creek Improvement 32 Project;.33 (58) for a period of 24 months from the effective 34 date of this amendatory Act of 1998, by the City of HB3028 Enrolled -17- LRB9010378DJcd 1 Rochelle, to allow the acquisition of easements for the 2 construction and maintenance of overhead utility lines 3 and poles along a route within and adjacent to existing 4 roadway easements on Twombley, Mulford, and Paw Paw roads 5 in Ogle and Lee counties; 6 (59) For a period of 3 years after the effective 7 date of this amendatory Act of 1998, by the Village of 8 Bolingbrook for acquisition of property within a Regional 9 Stormwater Detention Project Area, when the purpose of 10 the condemnation proceeding is to acquire land for one or 11 more of the following public purposes: drainage, 12 stormwater management, open space, recreation, 13 improvements for water service and related appurtenances, 14 or wetland mitigation and banking; the project area is in 15 Wheatland Township, Will County, bounded generally by 16 Essington Road, 127th Street, and Kings Road and is more 17 particularly described as follows: That part of Section 18 25 Township 37 N Range 9 E of the 3rd Principal Meridian 19 all in Wheatland Township, Will County, except the 20 Northeast Quarter; the North 1/2 of the Northwest 21 Quarter; and the Southwest Quarter of the Southwest 22 Quarter; 23 (60) for a period of 36 months after July 1, 1998, 24 by the Village of Franklin Park, for the acquisition for 25 school purposes, including, but not limited to, school 26 parking lot purposes, of property bounded on the west by 27 Rose Street, on the north by Nerbonne Street, on the east 28 by Pearl Street extended north on Nerbonne Street, and on 29 the south by King Street, except that no portion used for 30 residential purposes shall be taken; 31 (61) for a period of 5 years after June 1, 1998 by 32 the Village of Melrose Park to acquire the following 33 described property, for the purpose of redeveloping 34 blighted areas: HB3028 Enrolled -18- LRB9010378DJcd 1 Golfland 2 That part of the North half of the South East 3 Quarter of the South West quarter of Section 35, Township 4 40 North, Range 12, East of the Third Principal Meridian, 5 lying Northeast of the Northeasterly right-of-way line of 6 the Minneapolis, St. Paul and Sault Ste. Marie Railroad; 7 lying South of a line 443.00 feet North of and parallel 8 to the South line of the North half of the South East 9 Quarter of the South West Quarter of Section 35, 10 aforesaid; and lying west of the West line of the East 11 490 feet of the North half of the South East Quarter of 12 the South West Quarter of Section 35, aforesaid 13 (excepting therefrom the East 50 feet of the North 80 14 feet thereof and except that part taken and dedicated for 15 5th Avenue); 16 ALSO 17 That part of the South half of the South East 18 Quarter of the South West Quarter of Section 35, Township 19 30 North, Range 12, East of the Third Principal Meridian, 20 lying Northeast of the Northeasterly right-of-way line of 21 the Minneapolis, St. Paul and Sault Ste. Marie Railroad, 22 described as follows: commencing at the intersection of 23 the West line of the South East Quarter of the South West 24 Quarter of Section 35, aforesaid, with the North line of 25 the South half of the South East Quarter of the South 26 West Quarter of said Section 35; thence East along the 27 aforementioned North line 67.91 Feet to the point of 28 beginning of land herein described; thence continue East 29 along said North line 297.59 feet; thence Southwesterly 30 along a line forming an angle of 17 degrees 41 minutes 34 31 seconds, measured from West to South West with last 32 described course, from a distance of 240.84 feet to a 33 point 100 feet Southeasterly of the point of beginning; 34 thence Northwesterly 100 feet to the point of beginning; HB3028 Enrolled -19- LRB9010378DJcd 1 all in Cook County; 2 (62) For a period of 3 years after June 1, 1998, by 3 the Village of Melrose Park to acquire property described 4 as follows for the purpose of redeveloping blighted 5 areas: 6 THAT PART OF THE WEST 340 FEET OF THE EAST 1360 FEET 7 OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 2, 8 TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL 9 MERIDIAN, LYING NORTH OF THE CENTERLINE OF DES PLAINES 10 RIVER (EXCEPT THAT PART OF THE WEST 340 FEET OF THE EAST 11 1360 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF 12 SECTION 2, TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD 13 PRINCIPAL MERIDIAN, LYING NORTH OF THE CENTERLINE OF DES 14 PLAINES RIVER AND LYING SOUTH OF A LINE DESCRIBED AS 15 COMMENCING ON THE EAST LINE OF SAID TRACT 880 FEET SOUTH 16 OF THE NORTH LINE OF SAID SECTION 2 RUNNING WESTERLY TO A 17 POINT IN THE WEST LINE OF SAID TRACT WHICH IS 976 FEET 18 SOUTH OF THE NORTH LINE OF SAID SECTION AND EXCEPT THE 19 NORTH 99.2 FEET AS MEASURED ON THE WEST LINE AND BY 99.6 20 FEET AS MEASURED ON THE EAST LINE OF SAID WEST 340 FEET 21 AND DEDICATED AND CONVEYED TO STATE OF ILLINOIS FOR ROAD 22 OR PUBLIC HIGHWAY PURPOSES), IN COOK COUNTY, ILLINOIS. 23 THAT PART OF THE WEST 170 FEET OF THE EAST 1530 FEET 24 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 2, 25 TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL 26 MERIDIAN, LYING NORTH OF THE CENTER LINE OF DES PLAINES 27 RIVER. (EXCEPT THAT PART OF THE WEST 170 FEET OF THE 28 EAST 1530 FEET OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF 29 SECTION 2, TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD 30 PRINCIPAL MERIDIAN, LYING NORTH OF THE CENTER LINE OF DES 31 PLAINES RIVER AND LYING SOUTH OF A LINE DESCRIBED AS 32 COMMENCING ON THE EAST LINE OF SAID TRACT 976 FEET SOUTH 33 OF THE NORTH LINE OF SAID SECTION 2, RUNNING WESTERLY TO 34 A POINT IN THE WEST LINE OF SAID TRACT WHICH IS 1095.50 HB3028 Enrolled -20- LRB9010378DJcd 1 FEET SOUTH OF THE NORTH LINE OF SAID SECTION AND EXCEPT 2 THE NORTH 100.00 FEET AS MEASURED ON THE WEST LINE AND BY 3 99.2 FEET AS MEASURED ON THE EAST LINE OF SAID WEST 170 4 FEET AND DEDICATED AND CONVEYED TO THE STATE OF ILLINOIS 5 FOR ROAD OR PUBLIC HIGHWAY PURPOSES), IN COOK COUNTY, 6 ILLINOIS; 7 (63) for a period of 24 months after the effective 8 date of this amendatory Act of 1998 by the City of Peru 9 for removal of existing residential deed restrictions on 10 the use of property, and the rights of other property 11 owners in the subdivision to enforce those restrictions, 12 as they apply to lots 10, 11, 12, 13, 14, 15, and 16 in 13 Urbanowski's Subdivision to the City of Peru, all of 14 which are owned by the Illinois Valley Community Hospital 15 and adjacent to the existing hospital building, for the 16 limited purpose of allowing the Illinois Valley Community 17 Hospital to expand its hospital facility, including 18 expansion for needed emergency room and outpatient 19 services; under this paragraph (62) compensation shall be 20 paid to those other property owners for the removal of 21 their rights to enforce the residential deed restrictions 22 on property owned by the Illinois Valley Community 23 Hospital, but no real estate owned by those other 24 property owners may be taken; 25 (64) for a period of 3 years after the effective 26 date of this amendatory Act of 1998, by the Village of 27 South Barrington for the acquisition of land and 28 temporary and permanent easements for the purposes of 29 construction and maintenance of sewerage facilities and 30 sewerage transmission pipes along an area not to exceed 31 100 feet north of the Northwest Tollway between 32 Barrington Road and Route 72; 33 (65) for a period of 18 months after the effective 34 date of this amendatory Act of 1998, by the Village of HB3028 Enrolled -21- LRB9010378DJcd 1 Northlake for the acquisition of the following described 2 property for stormwater management and public recreation 3 purposes: 4 LOT 10 IN BLOCK 7 IN TOWN MANOR SUBDIVISION OF THE 5 NORTH 100 ACRES OF THE NORTH EAST 1/4 OF SECTION 5, 6 TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL 7 MERIDIAN, IN COOK COUNTY, ILLINOIS. 8 Commonly known as 315 E. Morse Drive, Northlake, 9 Illinois, 60164; 10 LOT 17 IN BLOCK 2 IN MIDLAND DEVELOPMENT COMPANY'S 11 NORTHLAKE VILLAGE, A SUBDIVISION OF THE NORTH HALF OF THE 12 NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 39 NORTH, RANGE 13 12, EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THE 14 SOUTH 208.7 FEET OF THE WEST 208.7 FEET EAST OF WOLF ROAD 15 OF THE NORTH HALF OF THE NORTHWEST QUARTER, AFORESAID), 16 IN COOK COUNTY, ILLINOIS. 17 PIN: 15-05-115-001 18 Commonly known as 101 S. Wolf Road, Northlake, 19 Illinois, 60164; 20 (66) for a period of 48 months after the effective 21 date of this amendatory Act of 1998, by the City of 22 Carbondale, for the acquisition of property bounded by 23 the following lines for the Mill Street Underpass Project 24 (which is part of the Carbondale Railroad Relocation 25 Project): a line 300 feet west of the centerline of 26 Thompson Street; a line 100 feet east of the centerline 27 of Wall Street; a line 700 feet north of the centerline 28 of College Street; and the centerline of Grand Avenue; 29 (67) for a period of 3 years after the effective 30 date of this amendatory Act of 1998 by the Village of 31 Round Lake Park in Lake County for acquisition of 32 temporary construction easements and permanent easement 33 corridors for providing off-site water and sewer service 34 for the Alter Business Park, generally described as HB3028 Enrolled -22- LRB9010378DJcd 1 follows: 2 Commencing at the Joint Action Water Agency (JAWA) 3 facility on the south side of Winchester Road (County 4 Route A34) and west of Midlothian Road, the proposed 5 public water line will be located in the Winchester Road 6 (County Route A34) right-of-way or immediately adjacent 7 to the right-of-way from the JAWA facility west to 8 Illinois State Route 83. The water line will then extend 9 under Illinois State Route 83 and continue in the 10 Winchester Road (County Route A34) right-of-way or 11 immediately adjacent to the right-of-way as it extends 12 westerly from Illinois State Route 83 to the proposed 13 pump station and delivery structure at the most southerly 14 west property line of the Alter property located south of 15 Peterson Road (County Route A33) and west of Illinois 16 State Route 83. Also, the proposed public water line will 17 be located in the Peterson Road (County Route A33) 18 right-of-way or immediately adjacent to the right-of-way 19 from Illinois State Route 83 west to the westerly 20 property line of the Alter property, which property line 21 lies approximately 2600' west of Alleghany Road (County 22 Route V68). 23 The proposed sanitary sewer route will commence at a 24 location on Fairfield Road (County Route V61) north of 25 Illinois State Route 134 at the Lake County Interceptor 26 (which ultimately extends into the Fox Lake Sanitary 27 District System); the route of the sanitary sewer will 28 continue south of Illinois State Route 134 in the 29 right-of-way of Fairfield Road (County Route V61) or 30 immediately adjacent thereto from its extension north of 31 Illinois State Route 134 to its intersection with 32 Townline Road. The sanitary sewer will then extend east 33 in the right-of-way of Townline Road or immediately 34 adjacent thereto to its intersection with Bacon Road. The HB3028 Enrolled -23- LRB9010378DJcd 1 sanitary sewer will then extend in the Bacon Road 2 right-of-way line or immediately adjacent thereto 3 continuing in a southeasterly direction until its 4 intersection with Illinois State Route 60. The sanitary 5 line will then extend in the Illinois State Route 60 6 right-of-way by permit or immediately adjacent thereto 7 continuing easterly along said right-of-way to the point 8 of intersection with Peterson Road (County Route A33). 9 The sanitary line will then continue easterly in the 10 right-of-way of Peterson Road (County Route A33) or 11 immediately adjacent thereto to the point of intersection 12 with Alleghany Road (County Route V68) and then will 13 extend within the Alter property; 14 (68) For a period of 3 years after the effective 15 date of this amendatory Act of 1998, by the Village of 16 Rosemont for redevelopment purposes, including 17 infrastructure improvements, construction of streets, 18 stormwater facilities, and drainage areas, and flood 19 plain improvements, for the acquisition of property 20 described as follows: 21 That part of the Northwest Quarter and that part of 22 the Southwest Quarter of Section 3, Township 40 North, 23 Range 12, East of the Third Principal Meridian, and being 24 more particularly described as follows: 25 Beginning at the point of intersection of the west 26 right-of-way line of River Road (as shown on the plat of 27 subdivision for Gerhart Huehl Estates Division per 28 document number 4572711) and the southerly line of Lot 7 29 in said Gerhart Huehl Estates Division; thence north 14 30 degrees 38 minutes 19 seconds west, along the aforesaid 31 west right-of-way of River Road, to the point of 32 intersection with a line drawn 490.0 feet south of and 33 parallel to the north line of Lot 3 in the said Gerhart 34 Huehl Estates Division; thence north 89 degrees 07 HB3028 Enrolled -24- LRB9010378DJcd 1 minutes 41 seconds west, along the previously described 2 parallel line 554.77 feet to the point, said point being 3 540.00 feet east of the easterly right-of-way line of 4 Schafer Court (Schafer Court being an unrecorded 5 roadway); thence, north 0 degrees 00 minutes 00 seconds 6 east, 284.12 feet to the point of intersection with south 7 line of the aforesaid Lot 3 (said south line also being 8 the north line of Lot 6 in Gerhart Huehl Estates 9 Division); thence north 89 degrees 04 minutes 45 seconds 10 west, along the said south line of Lot 3, 478.29 feet to 11 the point of intersection with the aforesaid easterly 12 right-of-way line of Schafer Court; thence south 12 13 degrees 16 minutes 34 seconds west, along the said 14 easterly right-of-way line, 312.83 feet; thence south 18 15 degrees 09 minutes 05 seconds west, continuing along the 16 said easterly right-of-way line, 308.16 feet to the point 17 of intersection with the northerly right-of-way line of 18 Higgins Road as dedicated per document number 11056708; 19 thence, north 66 degrees 43 minutes 09 seconds west along 20 said northerly right-of-way line of Higgins Road to the 21 easterly right-of-way of the Northwest Toll Road; thence 22 southerly along said easterly right-of-way of the 23 Northwest Toll Road to the southerly right-of-way of 24 Maple Avenue extended westerly; thence easterly along 25 said southerly right-of-way line of Maple Avenue 26 (recorded as Bock Avenue) to the easterly right-of-way 27 line of Gage Street; thence northerly along said easterly 28 right-of-way line of Gage Street to the southerly line of 29 Lot 2 in River Rose Subdivision Unit 2 per document 30 number 19594706; thence easterly along the southerly line 31 of said Lot 2 in River Rose Subdivision Unit Number 2 and 32 said southerly line extended easterly to the easterly 33 right-of-way line of Glen Lake Drive (as dedicated in 34 River Rose Subdivision per Document Number 19352146 and HB3028 Enrolled -25- LRB9010378DJcd 1 dedicated as Willow Creek Drive); thence southwesterly 2 along said easterly right-of-way line to the northwest 3 corner of Lot 1 in said River Rose Subdivision; thence 4 south 59 degrees 08 minutes 47 seconds east, along the 5 northerly lines of Lots 1 through 13 (both inclusive) in 6 the said River Rose subdivision, 757.48 feet to the most 7 northeasterly corner of said Lot 13; thence south 11 8 degrees 05 minutes 25 seconds west, along the easterly 9 line of said lot 13 in said River Rose Subdivision, 14.08 10 feet to the northerly line of Glen J. Nixon's subdivision 11 as per document 19753046; thence easterly along said 12 northerly line, 237.43 feet to the westerly right-of-way 13 of said Des Plaines River Road; 14 Thence southerly along said westerly right-of-way of 15 Des Plaines River Road to the southerly line of the 16 Northerly 90 feet of Lot 2 in said Glen J. Nixon's 17 subdivision; thence westerly along said southerly line to 18 the westerly line of said Glen J. Nixon's subdivision; 19 thence southerly along the said westerly line of Glen J. 20 Nixon's subdivision to the southerly right-of-way of an 21 unrecorded roadway; thence south 70 degrees 43 minutes 16 22 seconds west, along the southerly line of the unrecorded 23 roadway, 108.23 feet; thence continuing along the 24 southerly right-of-way of the unrecorded roadway, 95.34 25 feet along an arc of a circle whose radius is 110.00 feet 26 and being convex to the south; thence north 56 degrees 32 27 minutes 25 seconds west, continuing along the southerly 28 right-of-way of the said unrecorded roadway, 216.00 feet 29 to the southwest corner of said Glen Lake Drive as 30 dedicated in the aforesaid River Rose subdivision; thence 31 north 59 degrees 10 minutes 12 seconds west, along the 32 southerly right-of-way of said Glen Lake Drive, 327.48 33 feet, to the point of intersection with east line of Lot 34 8 in Block 1 in Higgins Road Ranchettes Subdivision per HB3028 Enrolled -26- LRB9010378DJcd 1 Document Number 13820089; thence northerly along the east 2 line of said Lot 8, 97.24 feet to a point; said point 3 being 66.00 feet south of the northeast corner of said 4 Lot 8; thence north 89 degrees 36 minutes 54 seconds 5 west, along a line which is 66.00 feet south of and 6 parallel to the north line of Lots 3, 4, 5, 6, 7, and 8 7 in said Higgins Road Ranchettes Subdivision (said 8 parallel line also being the south line of an unrecorded 9 street known as Glenlake Street), 621.61 feet to the 10 point of intersection with the northeasterly right-of-way 11 line of Toll Road; the next four courses being along the 12 said northeasterly right-of-way line of the Toll Road; 13 thence south 21 degrees 28 minutes 12 seconds east, 14 219.81 feet; thence south 34 degrees 29 minutes 34 15 seconds east, 261.77 feet; thence south 52 degrees 02 16 minutes 04 seconds east, 114.21 feet; thence south 52 17 degrees 07 minutes 21 seconds east to the westerly line 18 (extended northerly) of Lots 83 through 87 inclusive in 19 Frederick H. Bartlett's River View Estates recorded as 20 Document Number 853426 in Cook County; thence southerly 21 along said westerly line to the southerly right-of-way 22 line of Thorndale Avenue; thence easterly along said 23 southerly right-of-way line of Thorndale Avenue 14.65 24 feet; thence southerly along a line parallel with the 25 said westerly line of Lots 83 through 87 inclusive and 26 14.38 feet easterly, 139.45 feet; thence southwesterly 27 along a line which ends in the southerly line of said Lot 28 84 extended westerly, 85.35 feet westerly from the 29 southwest corner of said Lot 84; thence easterly along 30 said southerly line to the westerly right-of-way of Des 31 Plaines River Road; thence northerly along said westerly 32 right-of-way line to the said northerly line of the Toll 33 Road; thence south 52 degrees 07 minutes 21 seconds east, 34 along said right-of-way to the centerline of said Des HB3028 Enrolled -27- LRB9010378DJcd 1 Plaines River Road; thence south 11 degrees 06 minutes 48 2 seconds west, along said centerline, 1.47 feet; thence 3 south 55 degrees 56 minutes 09 seconds east, continuing 4 along the said northeasterly right-of-way line of the 5 Toll Road (said line also being the south line of Lot 1 6 in Rosemont Industrial Center per Document Number 7 20066369), 411.98 feet; thence south 61 degrees 51 8 minutes 06 seconds east, continuing along the said 9 northeasterly right-of-way line of the Toll Road (said 10 line also being along the south line of Lots 1, 2, and 5 11 in said Rosemont Industrial Center), 599.13 feet to the 12 southeast corner of said Lot 5; thence north 12 degrees 13 45 minutes 47 seconds east, along the east lines of Lots 14 3 and 5 in said Rosemont Industrial Center, 424.40 feet; 15 thence north 33 degrees 51 minutes 39 seconds east, along 16 the east lines of Lots 3 and 4 in the said Rosemont 17 Industrial Center, 241.42 feet to the northeast corner of 18 said Lot 4; thence north 33 degrees 51 minutes 40 seconds 19 east, 189.38 feet to the center of said Section 3; thence 20 north 2 degrees 42 minutes 55 seconds east, along the 21 east line of the northwest quarter of said Section 3, 22 375.90 feet to the point of intersection with the south 23 line of Higgins Road, as widened per Document Number 24 11045055; the next three courses being along the said 25 south right-of-way line of Higgins Road; thence north 64 26 degrees 30 minutes 51 seconds west, 53.65 feet; thence 27 northwesterly, 436.47 feet along an arc of a circle whose 28 radius is 1,482.69 feet and being convex to the 29 southwest; thence north 47 degrees 57 minutes 51 seconds 30 west, 73.57 feet; thence northeasterly, along an arc of a 31 circle whose radius is 5,679.65 feet and being convex to 32 the northeast, to a point of intersection of said 33 southerly right-of-way of Higgins Road and the 34 southeasterly line of the land conveyed to James H. Lomax HB3028 Enrolled -28- LRB9010378DJcd 1 by Document Number 1444990; thence northeasterly along 2 said southeasterly line extended, 197 feet to the center 3 line of the Des Plaines River; thence north 49 degrees 11 4 minutes 20 seconds west 325.90 feet; thence continuing in 5 the said center line of the Des Plaines River, north 27 6 degrees 56 minutes 17 seconds west 370.53 feet; thence 7 north 12 degrees 10 minutes 40 seconds east, 16.0 feet; 8 thence southwesterly along said southeasterly line of Lot 9 7 extended in Gerhart Huehl Estates Division, to said 10 place of beginning; 11 Plus, 12 That part of the West half of the Northwest quarter 13 of Section 3, Township 40 North, Range 12 East of the 14 Third Principal Meridian, in Cook County, Illinois, 15 described as follows: 16 Beginning at the intersection of the South line of 17 Devon Avenue with the East line of Shafer Court being a 18 point 281.01 feet East of the West line of the 19 aforementioned West half of the Northwest quarter of 20 Section 33; thence Southerly along the East line of said 21 Shafer Court, 193.91 feet to the South line of Lot 3 in 22 Gerhart Huehl Estate Division according to the plat 23 thereof recorded June 3, 1910, as Document 4572711, being 24 a point 241.74 feet East of the aforementioned West half 25 of the Northwest quarter of Section 33; thence East along 26 the South line of said Lot 3, a distance of 508.5 feet to 27 a point 487.69 feet West of the centerline of River Road; 28 thence continuing easterly along the last described line 29 as extended to the west line of River Road; thence 30 northerly along the west line of River Road to the South 31 line of Devon Avenue; thence westerly along the south 32 line of Devon Avenue to the point of beginning; 33 Plus, 34 That part of the Southwest quarter of Section 3, HB3028 Enrolled -29- LRB9010378DJcd 1 Township 40 North, Range 12 East of the Third Principal 2 Meridian, in Cook County, Illinois, described as follows: 3 Beginning at the Southeast corner of Rosemont 4 Industrial Center, being a subdivision recorded February 5 17, 1967 as Document 20066369; thence Northwesterly along 6 the South line of Rosemont Industrial Center aforesaid, 7 and said South line extended to the Westerly line of 8 River Road to the South; thence Southwesterly along said 9 Westerly line, to the North line of Interstate 290; 10 thence Easterly along said North line, to the West line 11 of property owned by the Forest Preserve; thence along 12 and then Northerly along the irregular West line of 13 property owned by the Forest Preserve and extended across 14 the Interstate 290 right-of-way, to the point of 15 beginning; 16 Plus, 17 The Northerly 90 feet of Lot 2 in Glen J. Nixon's 18 Subdivision of part of Lot 15 in Assessor's Division of 19 part of Section 3, Township 40 North, Range 12, East of 20 the Third Principal Meridian, according to the plat 21 thereof recorded March 1, 1966 as Document 19753046, in 22 Cook County, Illinois, (except therefrom that part used 23 for River Road), all in Cook County. 24 AREA 1: 25 That part of the South West Quarter of Section 33, 26 Township 41 North, Range 12 East of the third Principal 27 Meridian, lying North of a line 575 feet north (measured 28 at 90 degrees) of the South line of said South West 29 Quarter, lying West of a line 451.45 feet East (measured 30 at 90 degrees) of the West line of said South West 31 Quarter and South of the center line of Higgins Road 32 (except parts taken or used for highway purposes, 33 including the land taken by condemnation in Case No. 65 L 34 8179 Circuit Court of Cook County, Illinois, described as HB3028 Enrolled -30- LRB9010378DJcd 1 follows: That part of the South West Quarter of Section 2 33, Township 41 North, Range 12 East of the Third 3 Principal Meridian, bounded and described as follows: 4 Beginning at a point of intersection of the center line 5 of Higgins Road, as now located and established with the 6 West line of the South West Quarter of said Section 33; 7 thence South along said West line of the South West 8 Quarter of said Section, a distance of 560.2 feet to a 9 point in the North line of the South 575.0 feet of said 10 South West Quarter of said Section 33; thence East along 11 said North line of the South 575.0 feet of the South West 12 Quarter of said Section 33, a distance of 45.0 feet to a 13 point; thence Northeasterly in a straight line a distance 14 of 179.27 feet to a point, distance 50.0 feet East, 15 measured at right angles from the West line of the South 16 West Quarter of said Section 33; thence Northeasterly in 17 a straight line a distance of 187.38 feet to a point, 18 distant 62.0 feet East, measured at right angles from 19 said West line of the South West Quarter of said Section 20 33; thence North parallel with the said West line of the 21 South West Quarter of said Section 33 a distance of 44.74 22 feet to a point of curvature; thence Northeasterly along 23 a curved line, concave to the Southeast, having a radius 24 of 50.0 feet and a central angle of 107 degrees 28 25 minutes, a distance of 93.73 feet to a point of tangency, 26 distant 50.0 feet Southwest measured at right angles from 27 the center line of Higgins Road; thence Southeasterly 28 parallel with the center line of Higgins Road, a distance 29 of 345.09 feet to a point on a line distant, 16.0 feet 30 west of the east line of the west 467.34 feet of the 31 South West Quarter of said Section 33; thence North in a 32 straight line a distance of 58.71 feet to a point on said 33 center line of Higgins Road; thence Northwesterly along 34 said center line of Higgins Road a distance of 478.23 HB3028 Enrolled -31- LRB9010378DJcd 1 feet to the place of beginning) in Cook County, Illinois. 2 AREA 2: 3 That part of the South West 1/4 of Section 33, 4 Township 41 North, Range 12, East of the Third Principal 5 Meridian, lying West of the West Right of Way Line of the 6 Minneapolis, St. Paul and Sault Ste. Marie Railroad 7 (formerly the Chicago and Wisconsin Railroad) and South 8 of the center line of Higgins Road (except therefrom the 9 South 200 feet of the West 467.84 feet of said South West 10 1/4 and also excepting therefrom that part of said South 11 West 1/4 lying North of the North line of the South 575 12 feet of said South West 1/4 and West of a line 16 feet 13 West of and parallel with the West line of the Tract of 14 land described in a Deed dated May 22, 1929, and recorded 15 July 9, 1929, as Document Number 10422646 (the Tract 16 described in said Deed being the East 10 acres of that 17 part of the South West 1/4 of Section 33, Township 41 18 North, Range 12, East of the Third Principal Meridian, 19 lying South of the Center line of Higgins Road and West 20 of the West line extended North to the center of said 21 Higgins Road of the East 20.62 chains of the North West 22 1/4 of Section 4, Township 40 North, Range 12, East of 23 the Third Principal Meridian (excepting therefrom the 24 right of way of the Minneapolis, St. Paul and Sault Ste. 25 Marie Railroad, formerly the Chicago and Wisconsin 26 Railroad) and also excepting the South 50 feet of the 27 said South West 1/4 lying East of the West 467.84 feet 28 thereof) and also excepting that portion of the land 29 condemned for the widening of Higgins Road and Mannheim 30 Road in Case Number 65 L7109, in Cook County, Illinois. 31 AREA 3: 32 The North 150 feet of the South 200 feet of that 33 part of the South West 1/4 of Section 33, Township 41 34 North, Range 12 East of the Third Principal Meridian HB3028 Enrolled -32- LRB9010378DJcd 1 (except the East 10 acres conveyed by George 2 Deamantopulas and others, to Krowka by Document 10422646) 3 lying South of the Center of Higgins Road (so called) and 4 West of the West line extended North to center of Higgins 5 Road of East 20.62 chains in the North West 1/4 of 6 Section 4, Township 40 North, Range 12 East of the Third 7 Principal Meridian (except the Right of Way of Chicago 8 and Wisconsin Railroad) in Cook County, Illinois. 9 AREA 4: 10 That part of the Southwest quarter of Section 33, 11 Township 41 North, Range 12 East of the Third Principal 12 Meridian, in Cook County, Illinois, described as follows: 13 Beginning at the intersection of the South line of 14 the Southwest quarter of Section 33 aforesaid with the 15 West line, extended South, of Lot 7 in Frederick H. 16 Bartlett's Higgins Road Farms, being a subdivision 17 recorded December 8, 1938 as Document 12246559; thence 18 North along the aforementioned West line of Lot 7, to the 19 center line of Higgins Road; thence Westerly along the 20 center line of Higgins Road, to the Westerly right-of-way 21 line of the Minneapolis, St. Paul and Sault Ste. Marie 22 Railroad; thence Southerly along said Westerly 23 right-of-way line, to the South line of the Southwest 24 quarter of Section 33 aforesaid; thence East along said 25 South line to the point of beginning. 26 Area 5 27 The North 195.00 feet of the west 365.67 feet of the 28 West 1/2 of the Northeast 1/4 of Section 4, Township 40 29 North, Range 12 East of the Third Principal Meridian. 30 And also 31 The north 50.00 feet of the East 1/2 of the 32 Northwest 1/4 of said Section 4 (except that part lying 33 westerly of the easterly right-of-way line of the 34 Wisconsin Central Railroad, formerly known as the HB3028 Enrolled -33- LRB9010378DJcd 1 Minneapolis, St. Paul and Sault Ste. Marie Railroad), the 2 east 40.00 feet of the north 195.00 feet except the north 3 50.00 feet thereof of said East 1/2, and all that part of 4 said East 1/2 described as follows: Beginning at the 5 northwest corner of Origer and Davis' Addition to 6 Rosemont, being a subdivision of part of said 1/4 Section 7 according to the plat thereof recorded May 27, 1963 as 8 Document Number 18807143, in Cook County, Illinois; 9 thence westerly along the northerly line of said 10 Subdivision extended westerly to said easterly Railroad 11 right-of-way line; thence northwesterly along said 12 right-of-way line to the southerly line of north 50.00 13 feet of said 1/4 Section; thence easterly along said 14 southerly line to the easterly right-of-way line of 15 Kirschoff Avenue; thence southerly along said 16 right-of-way line to its intersection with the southerly 17 line of Schullo's Resubdivision extended easterly, said 18 Resubdivision being a Resubdivision of part of said 1/4 19 section according to the plat thereof recorded June 17, 20 1960 as Document Number 17885160 in Cook County, 21 Illinois; thence westerly along said southerly line 22 extended and said southerly line to the southwest corner 23 of said Resubdivision; thence northwesterly along the 24 westerly line of said Resubdivision to the northwest 25 corner thereof; thence westerly along the northerly line 26 of said Resubdivision extended westerly to a line 27 parallel with and 40.00 feet easterly of the easterly 28 right-of-way line of said Railroad; thence northwesterly 29 along said parallel line to said point of beginning. 30 And also 31 That part of the Southwest 1/4 of Section 33, 32 Township 41 North, Range 12 East of the Third Principal 33 Meridian lying southerly of the centerline of Higgins 34 Road and easterly of a north line parallel to the south HB3028 Enrolled -34- LRB9010378DJcd 1 line of said 1/4 Section, beginning 565.84 feet west of 2 the northeast corner of the Northwest 1/4 of Section 4, 3 Township 40 North, Range 12 East of the Third Principal 4 Meridian all in Cook County, Illinois. 5 That part of the Southwest quarter of Section 3, the 6 Southeast quarter of Section 4, the Northeast quarter of 7 Section 9, and the Northwest quarter of Section 10, 8 Township 40 North, Range 12 East of the Third Principal 9 Meridian, in the Village of Rosemont, Cook County, 10 Illinois, described as follows: 11 Beginning in the West half of the Northeast quarter 12 of Section 9 aforesaid, at the intersection of the South 13 line of 61st Street with the Easterly right of way line 14 of the Minneapolis, St. Paul and Sault Ste. Marie 15 Railroad right-of-way; thence East along the South line 16 of 61st Street and its Easterly extension, to the East 17 line of Pearl Street; thence North along the East line of 18 Pearl Street to the South line of 62nd Street; thence 19 East along the South line of 62nd Street to the Westerly 20 right-of-way line of the Illinois State Toll Road; thence 21 Southerly along the Westerly right-of-way line of the 22 Toll Road to a point on a Westerly extension of the South 23 line of Allen Avenue; thence East along said Westerly 24 extension, and along the South line of Allen Avenue to 25 the West line of Otto Avenue; thence South along the West 26 line of Otto Avenue to a point on a Westerly extension of 27 the North line of the South 30 feet of Lot 12 in First 28 Addition to B.L. Carlsen's Industrial Subdivision, being 29 a Resubdivision in the Northeast quarter of Section 9 30 aforesaid, according to the plat thereof recorded March 31 5, 1962 as Document 18416079; thence East along said 32 Westerly extension, and along the aforementioned North 33 line of the South 30 feet of Lot 12, to the East line of 34 Lot 12; thence North along the East line of Lot 12, being HB3028 Enrolled -35- LRB9010378DJcd 1 also the East line of the Northeast quarter of Section 9, 2 to the North line of Owner's Division of parts of Lots 4 3 and 5 of Henry Hachmeister's Division, in the Northwest 4 quarter of Section 10, aforesaid, according to the plat 5 thereof recorded April 25, 1949 as Document 14539019; 6 thence East along the North line of said Owner's Division 7 to the West line of Lot 3 in said Owner's Division; 8 thence South along the West line of Lot 3 to the 9 Southwest corner thereof; thence East along the South 10 line of Lot 3 to the Northwest corner of Lot 4 in said 11 Owner's Division; thence South along the West line of Lot 12 4 to the Southwest corner thereof; thence East along the 13 South line of Lot 4, and said South line extended 14 Easterly, to the Easterly right of way line of River 15 Road; thence Northerly along the Easterly line of River 16 Road to the South line of Crossroads Industrial Park, 17 being a Subdivision in the Northwest quarter of Section 18 10 aforesaid, according to the plat thereof recorded 19 August 8, 1957 as Document 16980725; thence East along 20 the South line of said Crossroads Industrial Park to the 21 Southeast corner thereof; thence Northeasterly along the 22 Easterly line of said Crossroads Industrial Park, and 23 said Easterly line extended, to the North line of Bryn 24 Mawr Avenue, in the Southwest quarter of Section 3 25 aforesaid; thence Northerly along the Westerly line of 26 the Forest Preserve District of Cook County, to the 27 Southerly right-of-way line of the Kennedy Expressway, 28 thence west along and following the southerly 29 right-of-way line of the Kennedy Expressway to the 30 Easterly right-of-way line of the Minneapolis, St. Paul, 31 and Sault Ste. Marie Railroad right-of-way; thence 32 Southeasterly along said Easterly right-of-way line to 33 the point of beginning; 34 (69) for a period of one year after the effective HB3028 Enrolled -36- LRB9010378DJcd 1 date of this amendatory Act of 1998, by the City of 2 Evanston for the acquisition for redevelopment purposes 3 of the real property legally described as: 4 Lots 5 and 6 in Dempster's Subdivision of Block 5 66 in the Village (now City) of Evanston in the 6 South West 1/4 of Section 18, Township 41 North, 7 Range 14 East of the Third Principal Meridian, in 8 Cook County, Illinois and commonly known as 906-08 9 Church Street, Evanston, Illinois; and 10 Lots 7, 8, 9, 10, 11, and 12 in Dempster's 11 Subdivision of Block 66 in Village (now City) of 12 Evanston, in the South West 1/4 of Section 18, 13 Township 41 North, Range 14 East of the Third 14 Principal Meridian, in Cook County, Illinois and 15 commonly known as 910-926 Church Street, Evanston, 16 Illinois. 17 In a proceeding subject to this Section, the plaintiff, 18 at any time after the complaint has been filed and before 19 judgment is entered in the proceeding, may file a written 20 motion requesting that, immediately or at some specified 21 later date, the plaintiff either be vested with the fee 22 simple title (or such lesser estate, interest or easement, as 23 may be required) to the real property, or specified portion 24 thereof, which is the subject of the proceeding, and be 25 authorized to take possession of and use such property; or 26 only be authorized to take possession of and to use such 27 property, if such possession and use, without the vesting of 28 title, are sufficient to permit the plaintiff to proceed with 29 the project until the final ascertainment of compensation; 30 however, no land or interests therein now or hereafter owned, 31 leased, controlled or operated and used by, or necessary for 32 the actual operation of, any common carrier engaged in 33 interstate commerce, or any other public utility subject to 34 the jurisdiction of the Illinois Commerce Commission, shall HB3028 Enrolled -37- LRB9010378DJcd 1 be taken or appropriated hereunder by the State of Illinois, 2 the Illinois Toll Highway Authority, the sanitary district, 3 the St. Louis Metropolitan Area Airport Authority or the 4 Board of Trustees of the University of Illinois without first 5 securing the approval of such Commission. 6 Except as hereinafter stated, the motion for taking shall 7 state: (1) an accurate description of the property to which 8 the motion relates and the estate or interest sought to be 9 acquired therein; (2) the formally adopted schedule or plan 10 of operation for the execution of the plaintiff's project; 11 (3) the situation of the property to which the motion 12 relates, with respect to the schedule or plan; (4) the 13 necessity for taking such property in the manner requested in 14 the motion; and (5) if the property (except property 15 described in Section 3 of the Sports Stadium Act, or property 16 described as Site B in Section 2 of the Metropolitan Pier and 17 Exposition Authority Act) to be taken is owned, leased, 18 controlled or operated and used by, or necessary for the 19 actual operation of, any interstate common carrier or other 20 public utility subject to the jurisdiction of the Illinois 21 Commerce Commission, a statement to the effect that the 22 approval of such proposed taking has been secured from such 23 Commission, and attaching to such motion a certified copy of 24 the order of such Commission granting such approval. If the 25 schedule or plan of operation is not set forth fully in the 26 motion, a copy of such schedule or plan shall be attached to 27 the motion. 28 (Source: P.A. 89-29, eff. 6-23-95; 89-134, eff. 7-14-95; 29 89-343, eff. 8-17-95; 89-356, eff. 8-17-95; 89-445, eff. 30 2-7-96; 89-460, eff. 5-24-96; 89-494, eff. 6-21-96; 89-502, 31 eff. 6-28-96; 89-504, eff. 6-28-96; 89-592, eff. 8-1-96; 32 89-626, eff. 8-9-96; 89-683, eff. 6-1-97; 89-699, eff. 33 1-16-97; 90-6, eff. 6-3-97; 90-14, eff. 7-1-97; 90-232, eff. 34 7-25-97; 90-370, eff. 8-14-97; revised 9-29-97.) HB3028 Enrolled -38- LRB9010378DJcd 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.