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90_HB3028sam004 LRB9010378WHdvam01 1 AMENDMENT TO HOUSE BILL 3028 2 AMENDMENT NO. . Amend House Bill 3028, AS AMENDED, 3 as follows: 4 by replacing everything after the enacting clause with the 5 following: 6 "Section 5. The Code of Civil Procedure is amended by 7 changing Section 7-103 as follows: 8 (735 ILCS 5/7-103) (from Ch. 110, par. 7-103) 9 Sec. 7-103. "Quick-take". This Section applies only to 10 proceedings under this Article: 11 (1) by the State of Illinois, the Illinois Toll 12 Highway Authority or the St. Louis Metropolitan Area 13 Airport Authority for the acquisition of land or 14 interests therein for highway purposes; 15 (2) (blank); 16 (3) by the Department of Commerce and Community 17 Affairs for the purpose specified in the Illinois Coal 18 Development Bond Act; 19 (4) (blank); 20 (5) for the purpose specified in the St. Louis 21 Metropolitan Area Airport Authority Act; 22 (6) for a period of 24 months after May 24, 1996, -2- LRB9010378WHdvam01 1 by the Southwestern Illinois Development Authority 2 pursuant to the Southwestern Illinois Development 3 Authority Act; 4 (7) for a period of 3 years after December 30, 5 1987, by the Quad Cities Regional Economic Development 6 Authority (except for the acquisition of land or 7 interests therein that is farmland, or upon which is 8 situated a farm dwelling and appurtenant structures, or 9 upon which is situated a residence, or which is wholly 10 within an area that is zoned for residential use) 11 pursuant to the Quad Cities Regional Economic Development 12 Authority Act; 13 (8) by a sanitary district created under the 14 Metropolitan Water Reclamation District Act for the 15 acquisition of land or interests therein for purposes 16 specified in that Act; 17 (9) by a rail carrier within the time limitations 18 and subject to the terms and conditions set forth in 19 Section 18c-7501 of the Illinois Vehicle Code; 20 (10) for a period of 18 months after January 26, 21 1987, for the purpose specified in Division 135 of 22 Article 11 of the Illinois Municipal Code, by a 23 commission created under Section 2 of the Water 24 Commission Act of 1985; 25 (11) by a village containing a population of less 26 than 15,000 for the purpose of acquiring property to be 27 used for a refuse derived fuel system designed to 28 generate steam and electricity, and for industrial 29 development that will utilize such steam and electricity, 30 pursuant to Section 11-19-10 of the Illinois Municipal 31 Code; 32 (12) after receiving the prior approval of the City 33 Council, by a municipality having a population of more 34 than 500,000 for the purposes set forth in Section -3- LRB9010378WHdvam01 1 11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the 2 Illinois Municipal Code, and for the same purposes when 3 established pursuant to home rule powers; 4 (13) by a home rule municipality, after a public 5 hearing held by the corporate authorities or by a 6 committee of the corporate authorities and after approval 7 by a majority of the corporate authorities, within an 8 area designated as an enterprise zone by the municipality 9 under the Illinois Enterprise Zone Act; 10 (14) by the Illinois Sports Facilities Authority 11 for the purpose specified in Section 12 of the Illinois 12 Sports Facilities Authority Act; 13 (15) by a municipality having a population of more 14 than 2,000,000 for the purpose of acquiring the property 15 described in Section 3 of the Sports Stadium Act; 16 (16) for a period of 18 months after July 29, 1986, 17 in any proceeding by the Board of Trustees of the 18 University of Illinois for the acquisition of land in 19 Champaign County or interests therein as a site for a 20 building or for any educational purpose; 21 (17) for a period of 2 years after July 1, 1990, by 22 a home rule municipality and a county board, upon 23 approval of a majority of the corporate authorities of 24 both the county board and the municipality, within an 25 area designated as an enterprise zone by the municipality 26 and the county board through an intergovernmental 27 agreement under the Illinois Enterprise Zone Act, when 28 the purpose of the condemnation proceeding is to acquire 29 land for the construction of an industrial harbor port, 30 and when the total amount of land to be acquired for that 31 purpose is less than 75 acres and is adjacent to the 32 Illinois River; 33 (18) by an airport authority located solely within 34 the boundaries of Madison County, Illinois, and which is -4- LRB9010378WHdvam01 1 organized pursuant to the provisions of the Airport 2 Authorities Act, (i) for the acquisition of 160 acres, or 3 less, of land or interests therein for the purposes 4 specified in that Act which may be necessary to extend, 5 mark, and light runway 11/29 for a distance of 1600 feet 6 in length by 100 feet in width with parallel taxiway, to 7 relocate and mark County Highway 19, Madison County, 8 known as Moreland Road, to relocate the instrument 9 landing system including the approach lighting system and 10 to construct associated drainage, fencing and seeding 11 required for the foregoing project and (ii) for a period 12 of 6 months after December 28, 1989, for the acquisition 13 of 75 acres, or less, of land or interests therein for 14 the purposes specified in that Act which may be necessary 15 to extend, mark and light the south end of runway 17/35 16 at such airport; 17 (19) by any unit of local government for a 18 permanent easement for the purpose of maintaining, 19 dredging or cleaning the Little Calumet River; 20 (20) by any unit of local government for a 21 permanent easement for the purpose of maintaining, 22 dredging or cleaning the Salt Creek in DuPage County; 23 (21) by St. Clair County, Illinois, for the 24 development of a joint use facility at Scott Air Force 25 Base; 26 (22) by the Village of Summit, Illinois, to acquire 27 land for a waste to energy plant; 28 (23) for a period of 15 months after September 7, 29 1990, by the Department of Transportation or by any unit 30 of local government under the terms of an 31 intergovernmental cooperation agreement between the 32 Department of Transportation and the unit of local 33 government for the purpose of developing aviation 34 facilities in and around Chanute Air Force Base in -5- LRB9010378WHdvam01 1 Champaign County, Illinois; 2 (24) for a period of 1 year after December 12, 3 1990, by the City of Morris for the development of the 4 Morris Municipal Airport; 5 (25) for a period of 1 year after June 19, 1991, by 6 the Greater Rockford Airport Authority for airport 7 expansion purposes; 8 (26) for a period of 24 months after June 30, 1991, 9 by the City of Aurora for completion of an instrument 10 landing system and construction of an east-west runway at 11 the Aurora Municipal Airport; 12 (27) for the acquisition by the Metropolitan Pier 13 and Exposition Authority of property described in 14 subsection (f) of Section 5 of the Metropolitan Pier and 15 Exposition Authority Act for the purposes of providing 16 additional grounds, buildings, and facilities related to 17 the purposes of the Metropolitan Pier and Exposition 18 Authority; 19 (28) for a period of 24 months after March 1, 1992, 20 by the Village of Wheeling and the City of Prospect 21 Heights, owners of the Palwaukee Municipal Airport, to 22 allow for the acquisition of right of way to complete the 23 realignment of Hintz Road and Wolf Road; 24 (29) for a period of one year from the effective 25 date of this amendatory Act of 1992, by the 26 Bloomington-Normal Airport Authority for airport 27 expansion purposes; 28 (30) for a period of 24 months after September 10, 29 1993, by the Cook County Highway Department and Lake 30 County Department of Transportation to allow for the 31 acquisition of necessary right-of-way for construction of 32 underpasses for Lake-Cook Road at the Chicago 33 Northwestern Railroad crossing, west of Skokie Boulevard, 34 and the Chicago, Milwaukee, St. Paul and Pacific Railroad -6- LRB9010378WHdvam01 1 crossing, west of Waukegan Road; 2 (31) for a period of one year after December 23, 3 1993, by the City of Arcola and the City of Tuscola for 4 the development of the Arcola/Tuscola Water Transmission 5 Pipeline Project pursuant to the intergovernmental 6 agreement between the City of Arcola and the City of 7 Tuscola; 8 (32) for a period of 24 months from December 23, 9 1993, by the Village of Bensenville for the acquisition 10 of property bounded by Illinois Route 83 to the west and 11 O'Hare International Airport to the east to complete a 12 flood control project known as the Bensenville Ditch; 13 (33) for a period of 9 months after November 1, 14 1993, by the Medical Center Commission for the purpose of 15 acquiring a site for the Illinois State Police Forensic 16 Science Laboratory at Chicago, on the block bounded by 17 Roosevelt Road on the north, Wolcott Street on the east, 18 Washburn Street on the south, and Damen Avenue on the 19 west in Chicago, Illinois; 20 (34) for a period of 36 months after July 14, 1995, 21 by White County for the acquisition of a 3 1/2 mile 22 section of Bellaire Road, which is described as follows: 23 Commencing at the Northwest Corner of the Southeast 1/4 24 of Section 28, Township 6 South, Range 10 East of the 3rd 25 Principal Meridian; thence South to a point at the 26 Southwest Corner of the Southeast 1/4 of Section 9, 27 Township 7 South, Range 10 East of the 3rd Principal 28 Meridian; 29 (35) for a period of one year after July 14, 1995, 30 by the City of Aurora for permanent and temporary 31 easements except over land adjacent to Indian Creek and 32 west of Selmarten Creek located within the City of Aurora 33 for the construction of Phase II of the Indian Creek 34 Flood Control Project; -7- LRB9010378WHdvam01 1 (35.1) for a period beginning June 24, 1995 (the 2 day following the effective date of Public Act 89-29) and 3 ending on July 13, 1995 (the day preceding the effective 4 date of Public Act 89-134), by the City of Aurora for 5 permanent and temporary easements for the construction of 6 Phase II of the Indian Creek Flood Control Project; 7 (36) for a period of 63years from July 14, 1995, 8 by the Grand Avenue Railroad Relocation Authority for the 9 Grand Avenue Railroad Grade Separation Project within the 10 Village of Franklin Park, Illinois; 11 (37) for a period of 3 years after July 14, 1995, 12 by the Village of Romeoville for the acquisition of 13 rights-of-way for the 135th Street Bridge Project, lying 14 within the South 1/2 of Section 34, Township 37 North, 15 Range 10 East and the South 1/2 of Section 35, Township 16 37 North, Range 10 East of the Third Principal Meridian, 17 and the North 1/2 of Section 2, Township 36 North, Range 18 10 East and the North 1/2 of Section 3, Township 36 19 North, Range 10 East of the 3rd Principal Meridian, in 20 Will County, Illinois; 21 (37.1) for a period of 3 years after June 23, 1995, 22 by the Illinois Department of Transportation for the 23 acquisition of rights-of-way for the 135th Street Bridge 24 Project between the Des Plaines River and New Avenue 25 lying within the South 1/2 of Section 35, Township 37 26 North, Range 10 East of the Third Principal Meridian and 27 the North 1/2 of Section 2, Township 36 North, Range 10 28 East of the 3rd Principal Meridian, in Will County, 29 Illinois; 30 (38) for a period beginning June 24, 1995 (the day 31 after the effective date of Public Act 89-29) and ending 32 18 months after July 14, 1995 (the effective date of 33 Public Act 89-134), by the Anna-Jonesboro Water 34 Commission for the acquisition of land and easements for -8- LRB9010378WHdvam01 1 improvements to its water treatment and storage 2 facilities and water transmission pipes; 3 (39) for a period of 36 months after July 14, 1995, 4 by the City of Effingham for the acquisition of property 5 which is described as follows: 6 Tract 1: 7 Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO 8 THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat 9 thereof recorded in Book "K", Page 769, in the Recorder's 10 Office of Effingham County), situated in the City of 11 Effingham, County of Effingham and State of Illinois. 12 Tract 2: 13 The alley lying South and adjoining Tract 1, as 14 vacated by Ordinance recorded on July 28, 1937 in Book 15 183, Page 465, and all right, title and interest in and 16 to said alley as established by the Contract for Easement 17 recorded on August 4, 1937 in Book 183, Page 472; 18 (40) for a period of one year after July 14, 1995, 19 by the Village of Palatine for the acquisition of 20 property located along the south side of Dundee Road 21 between Rand Road and Hicks Road for redevelopment 22 purposes; 23 (41) for a period of 6 years after July 1, 1995, 24 for the acquisition by the Medical Center District of 25 property described in Section 3 of the Illinois Medical 26 District Act within the District Development Area as 27 described in Section 4 of that Act for the purposes set 28 forth in that Act; 29 (41.5) for a period of 24 months after June 21, 30 1996 by the City of Effingham, Illinois for acquisition 31 of property for the South Raney Street Improvement 32 Project Phase I; 33 (42) for a period of 3 years after June 21, 1996, 34 by the Village of Deerfield for the acquisition of -9- LRB9010378WHdvam01 1 territory within the Deerfield Village Center, as 2 designated as of that date by the Deerfield Comprehensive 3 Plan, with the exception of that area north of Jewett 4 Park Drive (extended) between Waukegan Road and the 5 Milwaukee Railroad Tracks, for redevelopment purposes; 6 (43) for a period of 12 months after June 21, 1996, 7 by the City of Harvard for the acquisition of property 8 lying west of Harvard Hills Road of sufficient size to 9 widen the Harvard Hills Road right of way and to install 10 and maintain city utility services not more than 200 feet 11 west of the center line of Harvard Hills Road; 12 (44) for a period of 5 years after June 21, 1996, 13 by the Village of River Forest, Illinois, within the area 14 designated as a tax increment financing district when the 15 purpose of the condemnation proceeding is to acquire land 16 for any of the purposes contained in the River Forest Tax 17 Increment Financing Plan or authorized by the Tax 18 Increment Allocation Redevelopment Act, provided that 19 condemnation of any property zoned and used exclusively 20 for residential purposes shall be prohibited; 21 (45) for a period of 18 months after June 28, 1996, 22 by the Village of Schaumburg for the acquisition of land, 23 easements, and aviation easements for the purpose of a 24 public airport in Cook and DuPage Counties; provided that 25 if any proceedings under the provisions of this Article 26 are pending on that date, "quick-take" may be utilized by 27 the Village of Schaumburg; 28 (46) for a period of one year after June 28, 1996, 29 by the City of Pinckneyville for the acquisition of land 30 and easements to provide for improvements to its water 31 treatment and storage facilities and water transmission 32 pipes, and for the construction of a sewerage treatment 33 facility and sewerage transmission pipes to serve the 34 Illinois Department of Corrections Pinckneyville -10- LRB9010378WHdvam01 1 Correctional Facility; 2 (47) for a period of 6 months after June 28, 1996, 3 by the City of Streator for the acquisition of property 4 described as follows for a first flush basin sanitary 5 sewer system: 6 Tract 5: That part of lots 20 and 21 in Block 7 6 in Moore and Plumb's addition to the city of 8 Streator, Illinois, lying south of the right of way 9 of the switch track of the Norfolk and Western 10 Railroad (now abandoned) in the county of LaSalle, 11 state of Illinois; 12 Tract 6: That part of lots 30, 31 and 32 in 13 Block 7 in Moore and Plumb's Addition to the city of 14 Streator, Illinois, lying north of the centerline of 15 Coal Run Creek and south of the right of way of the 16 switch track of the Norfolk and Western Railroad 17 (now abandoned) in the county of LaSalle, state of 18 Illinois; 19 (48) for a period of 36 months after January 16, 20 1997, by the Bi-State Development Agency of the 21 Missouri-Illinois Metropolitan District for the 22 acquisition of rights of way and related property 23 necessary for the construction and operation of the 24 MetroLink Light Rail System, beginning in East St. Louis, 25 Illinois, and terminating at Mid America Airport, St. 26 Clair County, Illinois; 27 (49) for a period of 2 years after January 16, 28 1997, by the Village of Schaumburg for the acquisition of 29 rights-of-way, permanent easements, and temporary 30 easements for the purpose of improving the Roselle 31 Road/Illinois Route 58/Illinois Route 72 corridor, 32 including rights-of-way along Roselle Road, Remington 33 Road, Valley Lake Drive, State Parkway, Commerce Drive, 34 Kristin Circle, and Hillcrest Boulevard, a permanent -11- LRB9010378WHdvam01 1 easement along Roselle Road, and temporary easements 2 along Roselle Road, State Parkway, Valley Lake Drive, 3 Commerce Drive, Kristin Circle, and Hillcrest Boulevard, 4 in Cook County; 5 (50) (blank); 6 (51) for a period of 12 months after July 25, 1997 7the effective date of this amendatory Act of 1997, by the 8 Village of Bloomingdale for utility relocations 9 necessitated by the Lake Street Improvement Project on 10 Lake Street between Glen Ellyn Road and Springfield Drive 11 in the Village of Bloomingdale; 12 (52) for a period of 36 months after July 25, 1997 13the effective date of this amendatory Act of 1997, by the 14 City of Freeport, owners of the Freeport Albertus 15 Municipal Airport, to allow for acquisition of any land, 16 rights, or other property lying between East Lamm Road 17 and East Borchers Road to complete realignment of South 18 Hollywood Road and to establish the necessary runway 19 safety zone in accordance with Federal Aviation 20 Administration and Illinois Department of Transportation 21 design criteria; 22 (53) for a period of 3 years after July 1, 1997, by 23 the Village of Elmwood Park to be used only for the 24 acquisition of commercially zoned property within the 25 area designated as the Tax Increment Redevelopment 26 Project Area by ordinance passed and approved on December 27 15, 1986, as well as to be used only for the acquisition 28 of commercially zoned property located at the northwest 29 corner of North Avenue and Harlem Avenue and commercially 30 zoned property located at the southwest corner of Harlem 31 Avenue and Armitage Avenue for redevelopment purposes, as 32 set forth in Division 74.3 of Article 11 of the Illinois 33 Municipal Code; 34 (54) for a period of 3 years after July 25, 1997 -12- LRB9010378WHdvam01 1the effective date of this amendatory Act of 1997, by the 2 Village of Oak Park for the acquisition of property 3 located along the south side of North Avenue between 4 Austin Boulevard and Harlem Avenue or along the north and 5 south side of Harrison Street between Austin Boulevard 6 and Elmwood Avenue, not including residentially zoned 7 properties within these areas, for commercial 8 redevelopment goals;.9 (54.1)(53)for a period of 3 years after August 10 14, 1997the effective date of this amendatory Act of111997, by the Village of Oak Park for the acquisition of 12 property within the areas designated as the Greater 13 Downtown Area Tax Increment Financing District, the 14 Harlem/Garfield Tax Increment Financing District, and the 15 Madison Street Tax Increment Financing District, not 16 including residentially zoned properties within these 17 areas, for commercial redevelopment goals; 18 (54.2)(54)for a period of 3 years after August 19 14, 1997the effective date of this amendatory Act of201997, by the Village of Oak Park for the acquisition of 21 property within the areas designated as the North Avenue 22 Commercial Strip and the Harrison Street Business Area, 23 not including residentially zoned properties within these 24 areas, for commercial redevelopment goals; 25 (55)(51)for a period of 3 years after August 14, 26 1997the effective date of this amendatory Act of 1997by 27 the Village of Morton Grove, within the area designated 28 as the Waukegan Road Tax Increment Financing District to 29 be used only for acquiring commercially zoned properties 30 located on Waukegan Road for tax increment redevelopment 31 projects contained in the redevelopment plan for the 32 area; 33 (56)(52)For a period of 2 years after August 14, 34 1997the effective date of this amendatory Act of 1997, -13- LRB9010378WHdvam01 1 by the Village of Rosemont for the acquisition of the 2 property described as Tract 1, and the acquisition of any 3 leasehold interest of the property described as Tract 2, 4 both described as follows: 5 Tract 1 6 PARCEL 1: 7 THAT PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 8 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, 9 DESCRIBED AS FOLLOWS: 10 COMMENCING AT THE INTERSECTION OF A LINE 50.00 FEET, AS 11 MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE 12 SOUTH LINE OF SAID SOUTHWEST 1/4 WITH A LINE 484.69 13 FEET, AS MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL 14 WITH THE WEST LINE OF SAID SOUTHWEST 1/4 (THE WEST LINE 15 OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF NORTH 16 00 DEGREES 00 MINUTES 00 SECONDS EAST FOR THIS LEGAL 17 DESCRIPTION); THENCE NORTH 00 DEGREES 00 MINUTES 00 18 SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE, 19 427.26 FEET TO A POINT FOR A PLACE OF BEGINNING; THENCE 20 CONTINUING NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST 21 ALONG SAID LAST DESCRIBED PARALLEL LINE, 251.92 FEET; 22 THENCE NORTH 45 DEGREES 00 MINUTES 00 SECONDS EAST, 23 32.53 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 24 SECONDS EAST, 53.70 FEET; THENCE SOUTH 72 DEGREES 34 25 MINUTES 18 SECONDS EAST, 149.63 FEET; THENCE SOUTH 00 26 DEGREES 00 MINUTES 00 SECONDS WEST, 230.11 FEET; THENCE 27 SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 219.46 FEET, 28 TO THE POINT OF BEGINNING IN COOK COUNTY, ILLINOIS. 29 PARCEL 2: 30 THAT PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 31 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, 32 DESCRIBED AS FOLLOWS: 33 COMMENCING AT THE INTERSECTION OF A LINE 50.00 FEET, AS 34 MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE -14- LRB9010378WHdvam01 1 SOUTH LINE OF SAID SOUTHWEST 1/4 WITH A LINE 484.69 2 FEET, AS MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL 3 WITH THE WEST LINE OF SAID SOUTHWEST 1/4 (THE WEST LINE 4 OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF NORTH 5 00 DEGREES, 00 MINUTES, 00 SECONDS EAST FOR THIS LEGAL 6 DESCRIPTION); THENCE NORTH 00 DEGREES, 00 MINUTES, 00 7 SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE, 8 153.00 FEET; THENCE NORTH 90 DEGREES, 00 MINUTES, 00 9 SECONDS EAST, 89.18 FEET; THENCE NORTH 00 DEGREES, 00 10 MINUTES, 00 SECONDS EAST, 48.68 FEET; THENCE NORTH 90 11 DEGREES, 00 MINUTES, 00 SECONDS EAST, 43.53 FEET; THENCE 12 SOUTH 00 DEGREES, 00 MINUTES, 00 SECONDS EAST, 8.00 FEET; 13 THENCE NORTH 90 DEGREES, 00 MINUTES, 00 SECONDS EAST, 14 44.23 FEET; THENCE NORTH 45 DEGREES, 00 MINUTES, 00 15 SECONDS EAST, 60.13 FEET; THENCE NORTH 00 DEGREES, 00 16 MINUTES, 00 SECONDS EAST, 141.06 FEET TO A POINT FOR A 17 PLACE OF BEGINNING, SAID POINT BEING 447.18 FEET NORTH 18 AND 704.15 FEET EAST OF THE SOUTHWEST CORNER OF THE 19 SOUTHWEST 1/4 OF SAID SECTION 33, AS MEASURED ALONG THE 20 WEST LINE OF SAID SOUTHWEST 1/4 AND ALONG A LINE AT RIGHT 21 ANGLES THERETO; THENCE NORTH 00 DEGREES, 00 MINUTES, 00 22 SECONDS EAST, 280.11 FEET; THENCE NORTH 72 DEGREES, 34 23 MINUTES, 18 SECONDS WEST, 149.63 FEET; THENCE SOUTH 90 24 DEGREES, 00 MINUTES, 00 SECONDS WEST, 53.70 FEET; THENCE 25 SOUTH 45 DEGREES, 00 MINUTES, 00 SECONDS WEST, 32.53 FEET 26 TO A POINT ON A LINE 484.69 FEET, AS MEASURED AT RIGHT 27 ANGLES, EAST OF AND PARALLEL WITH THE WEST LINE OF SAID 28 SOUTHWEST 1/4, SAID POINT BEING 679.18 FEET, AS MEASURED 29 ALONG SAID PARALLEL LINE, NORTH OF THE AFOREDESCRIBED 30 POINT OF COMMENCEMENT; THENCE NORTH 00 DEGREES, 00 31 MINUTES, 00 SECONDS EAST ALONG SAID LAST DESCRIBED 32 PARALLEL LINE, 158.10 FEET; THENCE NORTH 39 DEGREES, 39 33 MINUTES, 24 SECONDS EAST, 27.09 FEET TO AN INTERSECTION 34 WITH THE SOUTHERLY LINE OF HIGGINS ROAD, BEING A LINE -15- LRB9010378WHdvam01 1 50.00 FEET, AS MEASURED AT RIGHT ANGLES, SOUTHERLY OF 2 AND PARALLEL WITH THE CENTER LINE OF SAID ROAD; THENCE 3 SOUTH 72 DEGREES, 34 MINUTES, 18 SECONDS EAST ALONG SAID 4 LAST DESCRIBED SOUTHERLY LINE, 382.55 FEET TO AN 5 INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF THE 6 MINNEAPOLIS, ST. PAUL AND SAULT STE. MARIE RAILROAD 7 (FORMERLY THE CHICAGO AND WISCONSIN RAILROAD); THENCE 8 SOUTH 14 DEGREES, 51 MINUTES, 36 SECONDS EAST ALONG SAID 9 LAST DESCRIBED WESTERLY LINE, 378.97 FEET; THENCE SOUTH 10 90 DEGREES, 00 MINUTES, 00 SECONDS WEST, 260.00 FEET TO 11 THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS. 12 Generally comprising approximately 3.8 acres along 13 the south side of Higgins Road, East of Mannheim Road. 14 Tract 2 15 PARCEL 1: 16 Any leasehold interest of any portion of the 17 property legally described as follows: 18 THAT PART OF THE EAST 8 ACRES OF LOT 2 IN FREDERICK 19 JOSS'SJOSS92SDIVISION OF LAND IN SECTION 9, TOWNSHIP 40 20 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN 21 (EXCEPT THE NORTH 500 FEET THEREOF AS MEASURED ON THE 22 EAST LINE) LYING EASTERLY OF THE FOLLOWING DESCRIBED 23 LINE: BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 24 2, 19.07 FEET WEST OF THE NORTHEAST CORNER THEREOF; 25 THENCE SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 73 26 DEGREES 46 MINUTES 40 SECONDS (AS MEASURED FROM WEST TO 27 SOUTHWEST) WITH THE AFORESAID NORTH LINE OF LOT 2, A 28 DISTANCE OF 626.69 FEET TO A POINT; THENCE SOUTHEASTERLY 29 ALONG A LINE FORMING AN ANGLE OF 20 DEGREES 58 MINUTES 30 25 SECONDS (AS MEASURED TO THE LEFT) WITH A PROLONGATION 31 OF THE LAST DESCRIBED COURSE A DISTANCE OF 721.92 FEET 32 TO A POINT IN THE SOUTH LINE OF SAID LOT WHICH IS 85.31 33 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 2, 34 EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PREMISES: -16- LRB9010378WHdvam01 1 THE SOUTH 50 FEET OF LOT 2 LYING EAST OF THE FOLLOWING 2 DESCRIBED LINE; BEGINNING AT A POINT IN THE SOUTH LINE 3 OF LOT 2, WHICH IS 85.31 FEET WEST OF THE SOUTHEAST 4 CORNER OF SAID LOT; THENCE NORTHERLY ON A LINE WHICH 5 FORMS AN ANGLE OF 85 DEGREES 13 MINUTES 25 SECONDS IN 6 THE NORTHWEST 1/4 WITH SAID LAST DESCRIBED LINE IN 7 FREDERICK JOSS'SJOSS92SDIVISION OF LANDS IN THE 8 NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 40 NORTH, RANGE 12 9 EAST OF THE THIRD PRINCIPAL MERIDIAN. 10 PARCEL 2: 11 Plus any rights of ingress and egress which the said 12 holder of the leasehold interest may have pursuant to 13 the following described easement: 14 GRANT OF EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED 15 BY GRANT FROM FRACAP SHEET METAL MANUFACTURING COMPANY, 16 INC. TO JUNE WEBER POLLY DATED NOVEMBER 16, 1970 AND 17 RECORDED APRIL 7, 1971 AS DOCUMENT 21442818 FOR 18 PASSAGEWAY OVER THE EAST 20 FEET AS MEASURED AT RIGHT 19 ANGLES TO THE EAST LINE THEREOF OF THE NORTH 500 FEET OF 20 THAT PART OF THE EAST 8 ACRES OF LOT 2 IN FREDERICK 21 JOSS'SJOSS92SDIVISION OF LAND IN SECTION 9, TOWNSHIP 22 40 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, 23 LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: 24 BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 2, 25 19.07 FEET WEST OF THE NORTHEAST CORNER THEREOF; THENCE 26 SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 73 27 DEGREES 46 MINUTES 40 SECONDS (AS MEASURED FROM WEST TO 28 SOUTHWEST) WITH THE AFORESAID NORTH LINE OF LOT 2, A 29 DISTANCE OF 626.69 FEET TO A POINT; THENCE SOUTHEASTERLY 30 ALONG A LINE FORMING AN ANGLE OF 20 DEGREES 58 MINUTES 31 25 SECONDS (AS MEASURED TO THE LEFT) WITH A PROLONGATION 32 OF THE LAST DESCRIBED COURSE A DISTANCE OF 721.92 FEET 33 TO A POINT IN THE SOUTH LINE OF SAID LOT 2, WHICH IS 34 85.31 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 2, -17- LRB9010378WHdvam01 1 IN COOK COUNTY, ILLINOIS; 2 (57)(55)for a period of 24 months from August 14, 3 1997the effective date of this amendatory Act of 1997, 4 by the City of Champaign for the acquisition of land and 5 easements in and adjacent to the City of Champaign for 6 the improvement of Windsor Road and Duncan Road and for 7 the construction of the Boneyard Creek Improvement 8 Project;.9 (58) for a period of 24 months from the effective 10 date of this amendatory Act of 1998, by the City of 11 Rochelle, to allow the acquisition of easements for the 12 construction and maintenance of overhead utility lines 13 and poles along a route within and adjacent to existing 14 roadway easements on Twombley, Mulford, and Paw Paw roads 15 in Ogle and Lee counties; 16 (59) For a period of 3 years after the effective 17 date of this amendatory Act of 1998, by the Village of 18 Bolingbrook for acquisition of property within a Regional 19 Stormwater Detention Project Area, when the purpose of 20 the condemnation proceeding is to acquire land for one or 21 more of the following public purposes: drainage, 22 stormwater management, open space, recreation, 23 improvements for water service and related appurtenances, 24 or wetland mitigation and banking; the project area is in 25 Wheatland Township, Will County, bounded generally by 26 Essington Road, 127th Street, and Kings Road and is more 27 particularly described as follows: That part of Section 28 25 Township 37 N Range 9 E of the 3rd Principal Meridian 29 all in Wheatland Township, Will County, except the 30 Northeast Quarter; the North 1/2 of the Northwest 31 Quarter; and the Southwest Quarter of the Southwest 32 Quarter; 33 (60) for a period of 36 months after July 1, 1998, 34 by the Village of Franklin Park, for the acquisition for -18- LRB9010378WHdvam01 1 school purposes, including, but not limited to, school 2 parking lot purposes, of property bounded on the west by 3 Rose Street, on the north by Nerbonne Street, on the east 4 by Pearl Street extended north on Nerbonne Street, and on 5 the south by King Street, except that no portion used for 6 residential purposes shall be taken; 7 (61) for a period of 5 years after June 1, 1998 by 8 the Village of Melrose Park to acquire the following 9 described property, for the purpose of redeveloping 10 blighted areas: 11 Golfland 12 That part of the North half of the South East 13 Quarter of the South West quarter of Section 35, Township 14 40 North, Range 12, East of the Third Principal Meridian, 15 lying Northeast of the Northeasterly right-of-way line of 16 the Minneapolis, St. Paul and Sault Ste. Marie Railroad; 17 lying South of a line 443.00 feet North of and parallel 18 to the South line of the North half of the South East 19 Quarter of the South West Quarter of Section 35, 20 aforesaid; and lying west of the West line of the East 21 490 feet of the North half of the South East Quarter of 22 the South West Quarter of Section 35, aforesaid 23 (excepting therefrom the East 50 feet of the North 80 24 feet thereof and except that part taken and dedicated for 25 5th Avenue); 26 ALSO 27 That part of the South half of the South East 28 Quarter of the South West Quarter of Section 35, Township 29 30 North, Range 12, East of the Third Principal Meridian, 30 lying Northeast of the Northeasterly right-of-way line of 31 the Minneapolis, St. Paul and Sault Ste. Marie Railroad, 32 described as follows: commencing at the intersection of 33 the West line of the South East Quarter of the South West 34 Quarter of Section 35, aforesaid, with the North line of -19- LRB9010378WHdvam01 1 the South half of the South East Quarter of the South 2 West Quarter of said Section 35; thence East along the 3 aforementioned North line 67.91 Feet to the point of 4 beginning of land herein described; thence continue East 5 along said North line 297.59 feet; thence Southwesterly 6 along a line forming an angle of 17 degrees 41 minutes 34 7 seconds, measured from West to South West with last 8 described course, from a distance of 240.84 feet to a 9 point 100 feet Southeasterly of the point of beginning; 10 thence Northwesterly 100 feet to the point of beginning; 11 all in Cook County; 12 (62) For a period of 3 years after June 1, 1998, by 13 the Village of Melrose Park to acquire property described 14 as follows for the purpose of redeveloping blighted 15 areas: 16 THAT PART OF THE WEST 340 FEET OF THE EAST 1360 FEET 17 OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 2, 18 TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL 19 MERIDIAN, LYING NORTH OF THE CENTERLINE OF DES PLAINES 20 RIVER (EXCEPT THAT PART OF THE WEST 340 FEET OF THE EAST 21 1360 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF 22 SECTION 2, TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD 23 PRINCIPAL MERIDIAN, LYING NORTH OF THE CENTERLINE OF DES 24 PLAINES RIVER AND LYING SOUTH OF A LINE DESCRIBED AS 25 COMMENCING ON THE EAST LINE OF SAID TRACT 880 FEET SOUTH 26 OF THE NORTH LINE OF SAID SECTION 2 RUNNING WESTERLY TO A 27 POINT IN THE WEST LINE OF SAID TRACT WHICH IS 976 FEET 28 SOUTH OF THE NORTH LINE OF SAID SECTION AND EXCEPT THE 29 NORTH 99.2 FEET AS MEASURED ON THE WEST LINE AND BY 99.6 30 FEET AS MEASURED ON THE EAST LINE OF SAID WEST 340 FEET 31 AND DEDICATED AND CONVEYED TO STATE OF ILLINOIS FOR ROAD 32 OR PUBLIC HIGHWAY PURPOSES), IN COOK COUNTY, ILLINOIS. 33 THAT PART OF THE WEST 170 FEET OF THE EAST 1530 FEET 34 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 2, -20- LRB9010378WHdvam01 1 TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL 2 MERIDIAN, LYING NORTH OF THE CENTER LINE OF DES PLAINES 3 RIVER. (EXCEPT THAT PART OF THE WEST 170 FEET OF THE 4 EAST 1530 FEET OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF 5 SECTION 2, TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD 6 PRINCIPAL MERIDIAN, LYING NORTH OF THE CENTER LINE OF DES 7 PLAINES RIVER AND LYING SOUTH OF A LINE DESCRIBED AS 8 COMMENCING ON THE EAST LINE OF SAID TRACT 976 FEET SOUTH 9 OF THE NORTH LINE OF SAID SECTION 2, RUNNING WESTERLY TO 10 A POINT IN THE WEST LINE OF SAID TRACT WHICH IS 1095.50 11 FEET SOUTH OF THE NORTH LINE OF SAID SECTION AND EXCEPT 12 THE NORTH 100.00 FEET AS MEASURED ON THE WEST LINE AND BY 13 99.2 FEET AS MEASURED ON THE EAST LINE OF SAID WEST 170 14 FEET AND DEDICATED AND CONVEYED TO THE STATE OF ILLINOIS 15 FOR ROAD OR PUBLIC HIGHWAY PURPOSES), IN COOK COUNTY, 16 ILLINOIS; 17 (63) for a period of 24 months after the effective 18 date of this amendatory Act of 1998 by the City of Peru 19 for removal of existing residential deed restrictions on 20 the use of property, and the rights of other property 21 owners in the subdivision to enforce those restrictions, 22 as they apply to lots 10, 11, 12, 13, 14, 15, and 16 in 23 Urbanowski's Subdivision to the City of Peru, all of 24 which are owned by the Illinois Valley Community Hospital 25 and adjacent to the existing hospital building, for the 26 limited purpose of allowing the Illinois Valley Community 27 Hospital to expand its hospital facility, including 28 expansion for needed emergency room and outpatient 29 services; under this paragraph (62) compensation shall be 30 paid to those other property owners for the removal of 31 their rights to enforce the residential deed restrictions 32 on property owned by the Illinois Valley Community 33 Hospital, but no real estate owned by those other 34 property owners may be taken; -21- LRB9010378WHdvam01 1 (64) for a period of 3 years after the effective 2 date of this amendatory Act of 1998, by the Village of 3 South Barrington for the acquisition of land and 4 temporary and permanent easements for the purposes of 5 construction and maintenance of sewerage facilities and 6 sewerage transmission pipes along an area not to exceed 7 100 feet north of the Northwest Tollway between 8 Barrington Road and Route 72; 9 (65) for a period of 18 months after the effective 10 date of this amendatory Act of 1998, by the Village of 11 Northlake for the acquisition of the following described 12 property for stormwater management and public recreation 13 purposes: 14 LOT 10 IN BLOCK 7 IN TOWN MANOR SUBDIVISION OF THE 15 NORTH 100 ACRES OF THE NORTH EAST 1/4 OF SECTION 5, 16 TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL 17 MERIDIAN, IN COOK COUNTY, ILLINOIS. 18 Commonly known as 315 E. Morse Drive, Northlake, 19 Illinois, 60164; 20 LOT 17 IN BLOCK 2 IN MIDLAND DEVELOPMENT COMPANY'S 21 NORTHLAKE VILLAGE, A SUBDIVISION OF THE NORTH HALF OF THE 22 NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 39 NORTH, RANGE 23 12, EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THE 24 SOUTH 208.7 FEET OF THE WEST 208.7 FEET EAST OF WOLF ROAD 25 OF THE NORTH HALF OF THE NORTHWEST QUARTER, AFORESAID), 26 IN COOK COUNTY, ILLINOIS. 27 PIN: 15-05-115-001 28 COMMONLY KNOWN AS: 101 S. WOLF ROAD, NORTHLAKE, ILLINOIS, 29 60164; 30 (66) for a period of 48 months after the effective 31 date of this amendatory Act of 1998, by the City of 32 Carbondale, for the acquisition of property bounded by 33 the following lines for the Mill Street Underpass Project 34 (which is part of the Carbondale Railroad Relocation -22- LRB9010378WHdvam01 1 Project): a line 300 feet west of the centerline of 2 Thompson Street; a line 100 feet east of the centerline 3 of Wall Street; a line 700 feet north of the centerline 4 of College Street; and the centerline of Grand Avenue; 5 (67) for a period of 3 years after the effective 6 date of this amendatory Act of 1998 by the Village of 7 Round Lake Park in Lake County for acquisition of 8 temporary construction easements and permanent easement 9 corridors for providing off-site water and sewer service 10 for the Alter Business Park, generally described as 11 follows: 12 Commencing at the Joint Action Water Agency (JAWA) 13 facility on the south side of Winchester Road (County 14 Route A34) and west of Midlothian Road, the proposed 15 public water line will be located in the Winchester Road 16 (County Route A34) right-of-way or immediately adjacent 17 to the right-of-way from the JAWA facility west to 18 Illinois State Route 83. The water line will then extend 19 under Illinois State Route 83 and continue in the 20 Winchester Road (County Route A34) right-of-way or 21 immediately adjacent to the right-of-way as it extends 22 westerly from Illinois State Route 83 to the proposed 23 pump station and delivery structure at the most southerly 24 west property line of the Alter property located south of 25 Peterson Road (County Route A33) and west of Illinois 26 State Route 83. Also, the proposed public water line will 27 be located in the Peterson Road (County Route A33) 28 right-of-way or immediately adjacent to the right-of-way 29 from Illinois State Route 83 west to the westerly 30 property line of the Alter property, which property line 31 lies approximately 2600' west of Alleghany Road (County 32 Route V68). 33 The proposed sanitary sewer route will commence at a 34 location on Fairfield Road (County Route V61) north of -23- LRB9010378WHdvam01 1 Illinois State Route 134 at the Lake County Interceptor 2 (which ultimately extends into the Fox Lake Sanitary 3 District System); the route of the sanitary sewer will 4 continue south of Illinois State Route 134 in the 5 right-of-way of Fairfield Road (County Route V61) or 6 immediately adjacent thereto from its extension north of 7 Illinois State Route 134 to its intersection with 8 Townline Road. The sanitary sewer will then extend east 9 in the right-of-way of Townline Road or immediately 10 adjacent thereto to its intersection with Bacon Road. The 11 sanitary sewer will then extend in the Bacon Road 12 right-of-way line or immediately adjacent thereto 13 continuing in a southeasterly direction until its 14 intersection with Illinois State Route 60. The sanitary 15 line will then extend in the Illinois State Route 60 16 right-of-way by permit or immediately adjacent thereto 17 continuing easterly along said right-of-way to the point 18 of intersection with Peterson Road (County Route A33). 19 The sanitary line will then continue easterly in the 20 right-of-way of Peterson Road (County Route A33) or 21 immediately adjacent thereto to the point of intersection 22 with Alleghany Road (County Route V68) and then will 23 extend within the Alter property; 24 (68) For a period of 3 years after the effective 25 date of this amendatory Act of 1998, by the Village of 26 Rosemont for redevelopment purposes, including 27 infrastructure improvements, construction of streets, 28 stormwater facilities, and drainage areas, and flood 29 plain improvements, for the acquisition of property 30 described as follows: 31 That part of the Northwest Quarter and that part of 32 the Southwest Quarter of Section 3, Township 40 North, 33 Range 12, East of the Third Principal Meridian, and being 34 more particularly described as follows: -24- LRB9010378WHdvam01 1 Beginning at the point of intersection of the west 2 right-of-way line of River Road (as shown on the plat of 3 subdivision for Gerhart Huehl Estates Division per 4 document number 4572711) and the southerly line of Lot 7 5 in said Gerhart Huehl Estates Division; thence north 14 6 degrees 38 minutes 19 seconds west, along the aforesaid 7 west right-of-way of River Road, to the point of 8 intersection with a line drawn 490.0 feet south of and 9 parallel to the north line of Lot 3 in the said Gerhart 10 Huehl Estates Division; thence north 89 degrees 07 11 minutes 41 seconds west, along the previously described 12 parallel line 554.77 feet to the point, said point being 13 540.00 feet east of the easterly right-of-way line of 14 Schafer Court (Schafer Court being an unrecorded 15 roadway); thence, north 0 degrees 00 minutes 00 seconds 16 east, 284.12 feet to the point of intersection with south 17 line of the aforesaid Lot 3 (said south line also being 18 the north line of Lot 6 in Gerhart Huehl Estates 19 Division); thence north 89 degrees 04 minutes 45 seconds 20 west, along the said south line of Lot 3, 478.29 feet to 21 the point of intersection with the aforesaid easterly 22 right-of-way line of Schafer Court; thence south 12 23 degrees 16 minutes 34 seconds west, along the said 24 easterly right-of-way line, 312.83 feet; thence south 18 25 degrees 09 minutes 05 seconds west, continuing along the 26 said easterly right-of-way line, 308.16 feet to the point 27 of intersection with the northerly right-of-way line of 28 Higgins Road as dedicated per document number 11056708; 29 thence, north 66 degrees 43 minutes 09 seconds west along 30 said northerly right-of-way line of Higgins road to the 31 easterly right-of-way of the Northwest Toll Road; thence 32 southerly along said easterly right-of-way of the 33 Northwest Toll Road to the southerly right-of-way of 34 Maple Avenue extended westerly; thence easterly along -25- LRB9010378WHdvam01 1 said southerly right-of-way line of Maple Avenue 2 (recorded as Bock Avenue) to the easterly right-of-way 3 line of Gage Street; thence northerly along said easterly 4 right-of-way line of Gage Street to the southerly line of 5 Lot 2 in River Rose Subdivision Unit 2 per document 6 number 19594706; thence easterly along the southerly line 7 of said Lot 2 in River Rose Subdivision Unit Number 2 and 8 said southerly line extended easterly to the easterly 9 right-of-way line of Glen Lake Drive (as dedicated in 10 River Rose Subdivision per Document Number 19352146 and 11 dedicated as Willow Creek Drive); thence southwesterly 12 along said easterly right-of-way line to the northwest 13 corner of Lot 1 in said River Rose Subdivision; thence 14 south 59 degrees 08 minutes 47 seconds east, along the 15 northerly lines of Lots 1 through 13 (both inclusive) in 16 the said River Rose subdivision, 757.48 feet to the most 17 northeasterly corner of said Lot 13; thence south 11 18 degrees 05 minutes 25 seconds west, along the easterly 19 line of said lot 13 in said River Rose Subdivision, 14.08 20 feet to the northerly line of Glen J. Nixon's subdivision 21 as per document 19753046; thence easterly along said 22 northerly line, 237.43 feet to the westerly right-of-way 23 of said Des Plaines River Road; 24 Thence southerly along said westerly right-of-way of 25 Des Plaines River Road to the southerly line of the 26 Northerly 90 feet of Lot 2 in said Glen J. Nixon's 27 subdivision; thence westerly along said southerly line to 28 the westerly line of said Glen J. Nixon's subdivision; 29 thence southerly along the said westerly line of Glen J. 30 Nixon's subdivision to the southerly right-of-way of an 31 unrecorded roadway; thence south 70 degrees 43 minutes 16 32 seconds west, along the southerly line of the unrecorded 33 roadway, 108.23 feet; thence continuing along the 34 southerly right-of-way of the unrecorded roadway, 95.34 -26- LRB9010378WHdvam01 1 feet along an arc of a circle whose radius is 110.00 feet 2 and being convex to the south; thence north 56 degrees 32 3 minutes 25 seconds west, continuing along the southerly 4 right-of-way of the said unrecorded roadway, 216.00 feet 5 to the southwest corner of said Glen Lake drive as 6 dedicated in the aforesaid River Rose subdivision; thence 7 north 59 degrees 10 minutes 12 seconds west, along the 8 southerly right-of-way of said Glen Lake Drive, 327.48 9 feet, to the point of intersection with east line of Lot 10 8 in Block 1 in Higgins Road Ranchettes Subdivision per 11 Document Number 13820089; thence northerly along the east 12 line of said Lot 8, 97.24 feet to a point; said point 13 being 66.00 feet south of the northeast corner of said 14 Lot 8; thence north 89 degrees 36 minutes 54 seconds 15 west, along a line which is 66.00 feet south of and 16 parallel to the north line of Lots 3, 4, 5, 6, 7, and 8 17 in said Higgins Road Ranchettes Subdivision (said 18 parallel line also being the south line of an unrecorded 19 street known as Glenlake Street), 621.61 feet to the 20 point of intersection with the northeasterly right-of-way 21 line of Toll Road; the next four courses being along the 22 said northeasterly right-of-way line of the Toll Road; 23 thence south 21 degrees 28 minutes 12 seconds east, 24 219.81 feet; thence south 34 degrees 29 minutes 34 25 seconds east, 261.77 feet; thence south 52 degrees 02 26 minutes 04 seconds east, 114.21 feet; thence south 52 27 degrees 07 minutes 21 seconds east to the westerly line 28 (extended northerly) of Lots 83 through 87 inclusive in 29 Frederick H. Bartlett's River View Estates recorded as 30 Document Number 853426 in Cook County; thence southerly 31 along said westerly line to the southerly right-of-way 32 line of Thorndale Avenue; thence easterly along said 33 southerly right-of-way line of Thorndale Avenue 14.65 34 feet; thence southerly along a line parallel with the -27- LRB9010378WHdvam01 1 said westerly line of Lots 83 through 87 inclusive and 2 14.38 feet easterly, 139.45 feet; thence southwesterly 3 along a line which ends in the southerly line of said Lot 4 84 extended westerly, 85.35 feet westerly from the 5 southwest corner of said Lot 84; thence easterly along 6 said southerly line to the westerly right-of-way of Des 7 Plaines River Road; thence northerly along said westerly 8 right-of-way line to the said northerly line of the Toll 9 Road; thence south 52 degrees 07 minutes 21 seconds east, 10 along said right-of-way to the centerline of said Des 11 Plaines River Road; thence south 11 degrees 06 minutes 48 12 seconds west, along said centerline, 1.47 feet; thence 13 south 55 degrees 56 minutes 09 seconds east, continuing 14 along the said northeasterly right-of-way line of the 15 Toll Road (said line also being the south line of Lot 1 16 in Rosemont Industrial Center per Document Number 17 20066369), 411.98 feet; thence south 61 degrees 51 18 minutes 06 seconds east, continuing along the said 19 northeasterly right-of-way line of the Toll Road (said 20 line also being along the south line of Lots 1, 2, and 5 21 in said Rosemont Industrial Center), 599.13 feet to the 22 southeast corner of said Lot 5; thence north 12 degrees 23 45 minutes 47 seconds east, along the east lines of Lots 24 3 and 5 in said Rosemont Industrial Center, 424.40 feet; 25 thence north 33 degrees 51 minutes 39 seconds east, along 26 the east lines of Lots 3 and 4 in the said Rosemont 27 Industrial Center, 241.42 feet to the northeast corner of 28 said Lot 4; thence north 33 degrees 51 minutes 40 seconds 29 east, 189.38 feet to the center of said Section 3; thence 30 north 2 degrees 42 minutes 55 seconds east, along the 31 east line of the northwest quarter of said Section 3, 32 375.90 feet to the point of intersection with the south 33 line of Higgins Road, as widened per Document Number 34 11045055; the next three courses being along the said -28- LRB9010378WHdvam01 1 south right-of-way line of Higgins Road; thence north 64 2 degrees 30 minutes 51 seconds west, 53.65 feet; thence 3 northwesterly, 436.47 feet along an arc of a circle whose 4 radius is 1,482.69 feet and being convex to the 5 southwest; thence north 47 degrees 57 minutes 51 seconds 6 west, 73.57 feet; thence northeasterly, along an arc of a 7 circle whose radius is 5,679.65 feet and being convex to 8 the northeast, to a point of intersection of said 9 southerly right-of-way of Higgins Road and the 10 southeasterly line of the land conveyed to James H. Lomax 11 by Document Number 1444990; thence northeasterly along 12 said southeasterly line extended, 197 feet to the center 13 line of the Des Plaines River; thence north 49 degrees 11 14 minutes 20 seconds west 325.90 feet; thence continuing in 15 the said center line of the Des Plaines River, north 27 16 degrees 56 minutes 17 seconds west 370.53 feet; thence 17 north 12 degrees 10 minutes 40 seconds east, 16.0 feet; 18 thence southwesterly along said southeasterly line of Lot 19 7 extended in Gerhart Huehl Estates Division, to said 20 place of beginning; 21 Plus, 22 That part of the West half of the Northwest quarter 23 of Section 3, Township 40 North, Range 12 East of the 24 Third Principal Meridian, in Cook County, Illinois, 25 described as follows: 26 Beginning at the intersection of the South line of 27 Devon Avenue with the East line of Shafer Court being a 28 point 281.01 feet East of the West line of the 29 aforementioned West half of the Northwest quarter of 30 Section 33; thence Southerly along the East line of said 31 Shafer Court, 193.91 feet to the South line of Lot 3 in 32 Gerhart Huehl Estate Division according to the plat 33 thereof recorded June 3, 1910, as Document 4572711, being 34 a point 241.74 feet East of the aforementioned West half -29- LRB9010378WHdvam01 1 of the Northwest quarter of Section 33; thence East along 2 the South line of said Lot 3, a distance of 508.5 feet to 3 a point 487.69 feet West of the centerline of River Road; 4 thence continuing easterly along the last described line 5 as extended to the west line of River Road; thence 6 northerly along the west line of River Road to the South 7 line of Devon Avenue; thence westerly along the south 8 line of Devon Avenue to the point of beginning; 9 Plus, 10 That part of the Southwest quarter of Section 3, 11 Township 40 North, Range 12 East of the Third Principal 12 Meridian, in Cook County, Illinois, described as follows: 13 Beginning at the Southeast corner of Rosemont 14 Industrial Center, being a subdivision recorded February 15 17, 1967 as Document 20066369; thence Northwesterly along 16 the South line of Rosemont Industrial Center aforesaid, 17 and said South line extended to the Westerly line of 18 River Road to the South; thence Southwesterly along said 19 Westerly line, to the North line of Interstate 290; 20 thence Easterly along said North line, to the West line 21 of property owned by the Forest Preserve; thence along 22 and then Northerly along the irregular West line of 23 property owned by the Forest Preserve and extended across 24 the Interstate 290 right-of-way, to the point of 25 beginning; 26 Plus, 27 The Northerly 90 feet of Lot 2 in Glen J. Nixon's 28 Subdivision of part of Lot 15 in Assessor's Division of 29 part of Section 3, Township 40 North, Range 12, East of 30 the Third Principal Meridian, according to the plat 31 thereof recorded March 1, 1966 as Document 19753046, in 32 Cook County, Illinois, (except therefrom that part used 33 for River Road), all in Cook County. 34 AREA 1: -30- LRB9010378WHdvam01 1 That part of the South West Quarter of Section 33, 2 Township 41 North, Range 12 East of the third Principal 3 Meridian, lying North of a line 575 feet north (measured 4 at 90 degrees) of the South line of said South West 5 Quarter, lying West of a line 451.45 feet East (measured 6 at 90 degrees) of the West line of said South West 7 Quarter and South of the center line of Higgins Road 8 (except parts taken or used for highway purposes, 9 including the land taken by condemnation in Case No. 65 L 10 8179 Circuit Court of Cook County, Illinois, described as 11 follows: That part of the South West Quarter of Section 12 33, Township 41 North, Range 12 East of the Third 13 Principal Meridian, bounded and described as follows: 14 Beginning at a point of intersection of the center line 15 of Higgins Road, as now located and established with the 16 West line of the South West Quarter of said Section 33; 17 thence South along said West line of the South West 18 Quarter of said Section, a distance of 560.2 feet to a 19 point in the North line of the South 575.0 feet of said 20 South West Quarter of said Section 33; thence East along 21 said North line of the South 575.0 feet of the South West 22 Quarter of said Section 33, a distance of 45.0 feet to a 23 point; thence Northeasterly in a straight line a distance 24 of 179.27 feet to a point, distance 50.0 feet East, 25 measured at right angles from the West line of the South 26 West Quarter of said Section 33; thence Northeasterly in 27 a straight line a distance of 187.38 feet to a point, 28 distant 62.0 feet East, measured at right angles from 29 said West line of the South West Quarter of said Section 30 33; thence North parallel with the said West line of the 31 South West Quarter of said Section 33 a distance of 44.74 32 feet to a point of curvature; thence Northeasterly along 33 a curved line, concave to the Southeast, having a radius 34 of 50.0 feet and a central angle of 107 degrees 28 -31- LRB9010378WHdvam01 1 minutes, a distance of 93.73 feet to a point of tangency, 2 distant 50.0 feet Southwest measured at right angles from 3 the center line of Higgins Road; thence Southeasterly 4 parallel with the center line of Higgins Road, a distance 5 of 345.09 feet to a point on a line distant, 16.0 feet 6 west of the east line of the west 467.34 feet of the 7 South West Quarter of said Section 33; thence North in a 8 straight line a distance of 58.71 feet to a point on said 9 center line of Higgins Road; thence Northwesterly along 10 said center line of Higgins Road a distance of 478.23 11 feet to the place of beginning) in Cook County, Illinois. 12 AREA 2: 13 That part of the South West 1/4 of Section 33, 14 Township 41 North, Range 12, East of the Third Principal 15 Meridian, lying West of the West Right of Way Line of the 16 Minneapolis, St. Paul and Sault Ste Marie Railroad 17 (formerly the Chicago and Wisconsin Railroad) and South 18 of the center line of Higgins Road (except therefrom the 19 South 200 feet of the West 467.84 feet of said South West 20 1/4 and also excepting therefrom that part of said South 21 West 1/4 lying North of the North line of the South 575 22 feet of said South West 1/4 and West of a line 16 feet 23 West of and parallel with the West line of the Tract of 24 land described in a Deed dated May 22, 1929, and recorded 25 July 9, 1929, as Document Number 10422646 (the Tract 26 described in said Deed being the East 10 acres of that 27 part of the South West 1/4 of Section 33, Township 41 28 North, Range 12, East of the Third Principal Meridian, 29 lying South of the Center line of Higgins Road and West 30 of the West line extended North to the center of said 31 Higgins Road of the East 20.62 chains of the North West 32 1/4 of Section 4, Township 40 North, Range 12, East of 33 the Third Principal Meridian (excepting therefrom the 34 right of way of the Minneapolis, St. Paul and Sault Ste -32- LRB9010378WHdvam01 1 Marie Railroad, formerly the Chicago and Wisconsin 2 Railroad) and also excepting the South 50 feet of the 3 said South West 1/4 lying East of the West 467.84 feet 4 thereof) and also excepting that portion of the land 5 condemned for the widening of Higgins Road and Mannheim 6 Road in Case Number 65 L7109, in Cook County, Illinois. 7 AREA 3: 8 The North 150 feet of the South 200 feet of that 9 part of the South West 1/4 of Section 33, Township 41 10 North, Range 12 East of the Third Principal Meridian 11 (except the East 10 acres conveyed by George 12 Deamantopulas and others, to Krowka by Document 10422646) 13 lying South of the Center of Higgins Road (so called) and 14 West of the West line extended North to center of Higgins 15 Road of East 20.62 chains in the North West 1/4 of 16 Section 4, Township 40 North, Range 12 East of the Third 17 Principal Meridian (except the Right of Way of Chicago 18 and Wisconsin Railroad) in Cook County, Illinois. 19 AREA 4: 20 That part of the Southwest quarter of Section 33, 21 Township 41 North, Range 12 East of the Third Principal 22 Meridian, in Cook County, Illinois, described as follows: 23 Beginning at the intersection of the South line of 24 the Southwest quarter of Section 33 aforesaid with the 25 West line, extended South, of Lot 7 in Frederick H. 26 Bartlett's Higgins Road Farms, being a subdivision 27 recorded December 8, 1938 as Document 12246559; thence 28 North along the aforementioned West line of Lot 7, to the 29 center line of Higgins Road; thence Westerly along the 30 center line of Higgins Road, to the Westerly right-of-way 31 line of the Minneapolis St. Paul and Sault St. Marie 32 Railroad; thence Southerly along said Westerly 33 right-of-way line, to the South line of the Southwest 34 quarter of Section 33 aforesaid; thence East along said -33- LRB9010378WHdvam01 1 South line to the point of beginning. 2 Area 5 3 The North 195.00 feet of the west 365.67 feet of the 4 West 1/2 of the Northeast 1/4 of Section 4, Township 40 5 North, Range 12 East of the Third Principal Meridian. 6 And also 7 The north 50.00 feet of the East 1/2 of the 8 Northwest 1/4 of said Section 4 (except that part lying 9 westerly of the easterly right-of-way line of the 10 Wisconsin Central Railroad, formerly known as the 11 Minneapolis, St. Paul and Sault Ste. Marie Railroad), the 12 east 40.00 feet of the north 195.00 feet except the north 13 50.00 feet thereof of said East 1/2, and all that part of 14 said East 1/2 described as follows: Beginning at the 15 northwest corner of Origer and Davis' Addition to 16 Rosemont, being a subdivision of part of said 1/4 Section 17 according to the plat thereof recorded May 27, 1963 as 18 Document Number 18807143, in Cook County, Illinois; 19 thence westerly along the northerly line of said 20 Subdivision extended westerly to said easterly Railroad 21 right-of-way line; thence northwesterly along said 22 right-of-way line to the southerly line of north 50.00 23 feet of said 1/4 Section; thence easterly along said 24 southerly line to the easterly right-of-way line of 25 Kirschoff Avenue; thence southerly along said 26 right-of-way line to its intersection with the southerly 27 line of Schullo's Resubdivision extended easterly, said 28 Resubdivision being a Resubdivision of part of said 1/4 29 section according to the plat thereof recorded June 17, 30 1960 as Document Number 17885160 in Cook County, 31 Illinois; thence westerly along said southerly line 32 extended and said southerly line to the southwest corner 33 of said Resubdivision; thence northwesterly along the 34 westerly line of said Resubdivision to the northwest -34- LRB9010378WHdvam01 1 corner thereof; thence westerly along the northerly line 2 of said Resubdivision extended westerly to a line 3 parallel with and 40.00 feet easterly of the easterly 4 right-of-way line of said Railroad; thence northwesterly 5 along said parallel line to said point of beginning. 6 And also 7 That part of the Southwest 1/4 of Section 33, 8 Township 41 North, Range 12 East of the Third Principal 9 Meridian lying southerly of the centerline of Higgins 10 Road and easterly of a north line parallel to the south 11 line of said 1/4 Section, beginning 565.84 feet west of 12 the northeast corner of the Northwest 1/4 of Section 4, 13 Township 40 North, Range 12 East of the Third Principal 14 Meridian all in Cook County, Illinois. 15 That part of the Southwest quarter of Section 3, the 16 Southeast quarter of Section 4, the Northeast quarter of 17 Section 9, and the Northwest quarter of Section 10, 18 Township 40 North, Range 12 East of the Third Principal 19 Meridian, in the Village of Rosemont, Cook County, 20 Illinois, described as follows: 21 Beginning in the West half of the Northeast quarter 22 of Section 9 aforesaid, at the intersection of the South 23 line of 61st Street with the Easterly right of way line 24 of the Minneapolis, St. Paul and St. Ste. Marie Railroad 25 right-of-way; thence East along the South line of 61st 26 Street and its Easterly extension, to the East line of 27 Pearl Street; thence North along the East line of Pearl 28 Street to the South line of 62nd Street; thence East 29 along the South line of 62nd Street to the Westerly 30 right-of-way line of the Illinois State Toll Road; thence 31 Southerly along the Westerly right-of-way line of the 32 Toll Road to a point on a Westerly extension of the South 33 line of Allen Avenue; thence East along said Westerly 34 extension, and along the South line of Allen Avenue to -35- LRB9010378WHdvam01 1 the West line of Otto Avenue; thence South along the West 2 line of Otto Avenue to a point on a Westerly extension of 3 the North line of the South 30 feet of Lot 12 in First 4 Addition to B.L. Carlsen's Industrial Subdivision, being 5 a Resubdivision in the Northeast quarter of Section 9 6 aforesaid, according to the plat thereof recorded March 7 5, 1962 as Document 18416079; thence East along said 8 Westerly extension, and along the aforementioned North 9 line of the South 30 feet of Lot 12, to the East line of 10 Lot 12; thence North along the East line of Lot 12, being 11 also the East line of the Northeast quarter of Section 9, 12 to the North line of Owner's Division of parts of Lots 4 13 and 5 of Henry Hachmeister's Division, in the Northwest 14 quarter of Section 10, aforesaid, according to the plat 15 thereof recorded April 25, 1949 as Document 14539019; 16 thence East along the North line of said Owner's Division 17 to the West line of Lot 3 in said Owner's Division; 18 thence South along the West line of Lot 3 to the 19 Southwest corner thereof; thence East along the South 20 line of Lot 3 to the Northwest corner of Lot 4 in said 21 Owner's Division; thence South along the West line of Lot 22 4 to the Southwest corner thereof; thence East along the 23 South line of Lot 4, and said South line extended 24 Easterly, to the Easterly right of way line of River 25 Road; thence Northerly along the Easterly line of River 26 Road to the South line of Crossroads Industrial Park, 27 being a Subdivision in the Northwest quarter of Section 28 10 aforesaid, according to the plat thereof recorded 29 August 8, 1957 as Document 16980725; thence East along 30 the South line of said Crossroads Industrial Park to the 31 Southeast corner thereof; thence Northeasterly along the 32 Easterly line of said Crossroads Industrial Park, and 33 said Easterly line extended, to the North line of Bryn 34 Mawr Avenue, in the Southwest quarter of Section 3 -36- LRB9010378WHdvam01 1 aforesaid; thence Northerly along the Westerly line of 2 the Forest Preserve District of Cook County, to the 3 Southerly right-of-way line of the Kennedy Expressway, 4 thence west along and following the southerly 5 right-of-way line of the Kennedy Expressway to the 6 Easterly right-of-way line of the Minneapolis, St. Paul, 7 and St. Ste. Marie Railroad right-of-way; thence 8 Southeasterly along said Easterly right-of-way line to 9 the point of beginning; 10 (69) for a period of one year after the effective 11 date of this amendatory Act of 1998, by the City of 12 Evanston for the acquisition for redevelopment purposes 13 of the real property legally described as: 14 Lots 5 and 6 in Dempster's Subdivision of Block 15 66 in the Village (now City) of Evanston in the 16 South West 1/4 of Section 18, Township 41 North, 17 Range 14 East of the Third Principal Meridian, in 18 Cook County, Illinois and commonly known as 906-08 19 Church Street, Evanston, Illinois; and 20 Lots 7, 8, 9, 10, 11, and 12 in Dempster's 21 Subdivision of Block 66 in Village (now City) of 22 Evanston, in the South West 1/4 of Section 18, 23 Township 41 North, Range 14 East of the Third 24 Principal Meridian, in Cook County, Illinois and 25 commonly known as 910-926 Church Street, Evanston, 26 Illinois. 27 In a proceeding subject to this Section, the plaintiff, 28 at any time after the complaint has been filed and before 29 judgment is entered in the proceeding, may file a written 30 motion requesting that, immediately or at some specified 31 later date, the plaintiff either be vested with the fee 32 simple title (or such lesser estate, interest or easement, as 33 may be required) to the real property, or specified portion 34 thereof, which is the subject of the proceeding, and be -37- LRB9010378WHdvam01 1 authorized to take possession of and use such property; or 2 only be authorized to take possession of and to use such 3 property, if such possession and use, without the vesting of 4 title, are sufficient to permit the plaintiff to proceed with 5 the project until the final ascertainment of compensation; 6 however, no land or interests therein now or hereafter owned, 7 leased, controlled or operated and used by, or necessary for 8 the actual operation of, any common carrier engaged in 9 interstate commerce, or any other public utility subject to 10 the jurisdiction of the Illinois Commerce Commission, shall 11 be taken or appropriated hereunder by the State of Illinois, 12 the Illinois Toll Highway Authority, the sanitary district, 13 the St. Louis Metropolitan Area Airport Authority or the 14 Board of Trustees of the University of Illinois without first 15 securing the approval of such Commission. 16 Except as hereinafter stated, the motion for taking shall 17 state: (1) an accurate description of the property to which 18 the motion relates and the estate or interest sought to be 19 acquired therein; (2) the formally adopted schedule or plan 20 of operation for the execution of the plaintiff's project; 21 (3) the situation of the property to which the motion 22 relates, with respect to the schedule or plan; (4) the 23 necessity for taking such property in the manner requested in 24 the motion; and (5) if the property (except property 25 described in Section 3 of the Sports Stadium Act, or property 26 described as Site B in Section 2 of the Metropolitan Pier and 27 Exposition Authority Act) to be taken is owned, leased, 28 controlled or operated and used by, or necessary for the 29 actual operation of, any interstate common carrier or other 30 public utility subject to the jurisdiction of the Illinois 31 Commerce Commission, a statement to the effect that the 32 approval of such proposed taking has been secured from such 33 Commission, and attaching to such motion a certified copy of 34 the order of such Commission granting such approval. If the -38- LRB9010378WHdvam01 1 schedule or plan of operation is not set forth fully in the 2 motion, a copy of such schedule or plan shall be attached to 3 the motion. 4 (Source: P.A. 89-29, eff. 6-23-95; 89-134, eff. 7-14-95; 5 89-343, eff. 8-17-95; 89-356, eff. 8-17-95; 89-445, eff. 6 2-7-96; 89-460, eff. 5-24-96; 89-494, eff. 6-21-96; 89-502, 7 eff. 6-28-96; 89-504, eff. 6-28-96; 89-592, eff. 8-1-96; 8 89-626, eff. 8-9-96; 89-683, eff. 6-1-97; 89-699, eff. 9 1-16-97; 90-6, eff. 6-3-97; 90-14, eff. 7-1-97; 90-232, eff. 10 7-25-97; 90-370, eff. 8-14-97; revised 9-29-97.) 11 Section 99. Effective date. This Act takes effect upon 12 becoming law.".