Illinois General Assembly - Full Text of Public Act 095-0982
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Public Act 095-0982


 

Public Act 0982 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0982
 
HB4653 Enrolled LRB095 17710 AJO 43785 b

    AN ACT concerning land.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The State of Illinois owns the following
described real estate, which is under the control of the
Department of Corrections:
 
A part of the SW 1/4 of Section 4, T8N, R6E, 4th Principal
Meridian, Peoria County, Illinois, more particularly bounded
and described as follows:
 
The East half (E 1/2) of the Southeast Quarter (SE 1/4) of the
Southwest Quarter (SW 1/4) of Section Four (4), Township 8
North (8N), Range 6 East (6E) of the Fourth Principal Meridian,
Peoria County, Illinois, excepting therefrom an easement for
right-of-way purposes, the East Sixteen and one-half (16 1/2)
feet thereof, containing 20.00 acres, more or less; and
 
The West half (W 1/2) of the Southeast Quarter (SE 1/4) of the
Southwest Quarter (SW 1/4) of Section Four (4), Township 8
North (8N), Range 6 East (6E) of the Fourth Principal Meridian,
Peoria County, Illinois, excepting therefrom an easement for
right-of-way purposes, over a triangular parcel of land
described as follows:
 
Beginning at the Northwest (NW) corner of the above described
tract of land and running East (E) along the North (N) line
thereof, a distance of twenty (20) feet, thence Southwesterly
(SW) to a point on the West (W) line of the above described
tract, which is twenty (20) feet South (S) of the point of
beginning; containing twenty (20.00) acres, more or less.
 
Excepting from the above described 40.00 Acre Tract the
following:
 
A part of the SW 1/4 of Section 4, T8N, R6E, 4th Principal
Meridian, Peoria County, Illinois, more particularly bounded
and described as follows:
 
Commencing at the approximate Southeast corner of the SE 1/4 of
the SW 1/4 of said Section 4, and being at the centerline of
the pavement of Illinois Highway #l16 (S.B.I. Rt. #8), Thence S
88° 16' W along the centerline of the pavement off said
Illinois Highway #116, a distance of 733.7 feet; Thence N 1°
35' W, 156.0 feet; Thence N 28° 20' E, 122.3 feet; Thence N 1°
35' W, 67.7 feet; Thence East, 29.1 feet to an iron rod, said
iron rod being the Point of Beginning for the tract to be
described; Thence continuing East, 41.0 feet to an iron rod;
Thence S 1° 53' E, 140.0 feet to an iron rod; Thence East, 51.0
feet to an iron rod; Thence N 1° 53' W, 220.0 feet to an iron
rod; Thence East, 34.0 feet to an iron rod; Thence North, 67.0
feet to an iron rod; Thence S 88° 10' W, 123.4 feet to an iron
rod; Thence South, 143.0 feet to the Point of Beginning,
containing 0.514 Acres and subject to the following:
        1. The right of ingress and egress along Streets "A"
    and "C" and the right to use the "Parking Areas" lying East
    of said "A" Street and South of said "C" Street adjoining
    above described property.
        2. The right of ingress and egress on "B" Street,
    running S 80° 33' from "A" Street and across above
    described tract.
        3. ALSO: an easement 15 feet in width for a 4"
    watermain, being 7 1/2' on each side of the following
    described centerline: Commencing at the Point of Beginning
    in the above described tract (0.514 Acres), Thence East 11
    feet to the Point of Beginning for the centerline to be
    described; Thence S 13° 20' W, 218 feet; Thence S 83° 33'
    E, 241 feet; Thence S 4° 40' E, 53 feet, more or less, to
    the Northerly right-of-way line of said Illinois Highway
    #116.
        4. ALSO: an Easement 15 feet in width for a 6" Waste
    Water Overflow Line, being 7 1/2 feet on each side of the
    following described centerline: Commencing at the Point of
    Beginning in the above described 0.514 Acre Tract; Thence
    East 41.0 feet to an iron rod; Thence S 1° 53' E, 140.0
    feet to an iron rod; Thence East, 51.0 feet to an iron rod;
    Thence N 1° 53' W, 14 feet to the Point of Beginning for
    the centerline to be described; Thence S 61° 40' E, 76.5
    feet to a Manhole; Thence S 33° 45' E, 121 feet to a
    Manhole; Thence N 88° 16' E, 371 feet to a Manhole; Thence
    S 19° 30' E, 28 feet, more or less, to the Northerly
    right-of-way line of said Illinois Highway #116.
 
Said easements #3 and #4 above to be reserved for renewing and
maintaining said underground piping, together with the right to
enter upon said Easements at all times to operate and maintain
the 4" Waterline and the 6" Waste Water Overflow. No permanent
buildings or trees shall be placed on said Easements.
 
Also excepting from the above described 40 Acre Tract the
following:
 
Real property described as a tract of land containing 1.03
acres, more or less, in the SW 1/4 of Section 4, T-8-N, R-6-E
of the 4th Principal Meridian, Peoria County, Illinois, and
more particularly described as follows:
 
From the South 1/4 corner of said Section 4, go S 89° 46' W,
17.5 feet along centerline Illinois State Highway #116, which
is the South line of Section 4; Thence North 0° 14' E, 41.4
feet to SE corner of existing fenced plot; thence N 0° 14' E,
733.65 feet along existing fence line to a point; thence N 89°
58' W, 316.85 feet to a point hereinafter known as the point of
beginning; thence N 89° 58' W, 330 feet to a point; thence N 0°
2' E, 136.4 feet to a point; thence S 89° 58' E, 330 feet to a
point; thence S 0° 2' W, 136.4 feet to the point of beginning.
 
Granting access easement to the Federal Aviation
Administration property described above, said easement being
more particularly described as a strip of land 26 feet wide on
the west side and 10 feet wide on the east side of the
following described line:
 
Beginning at the Northwest corner of the ARSRM plot, go S 0° 2'
W, 635.8 feet to a point; thence S 20° 50' 30" W, 153.85 feet to
a point; thence S 0° 5' W, 135.15 feet to the centerline of
State Highway #116. Said easement subject to all existing State
highway Rights-of-way, and all other existing access and
utility easements and leases.
 
Also granting a utility easement to the ARSRM plot from State
Highway #116. This easement is more particularly described as a
strip of land 10 feet wide on the west side of the following
described line: Beginning at the Southeast corner of the ARSRM
plot, go S 0° 14' W, 776.5 feet to the centerline of State
Highway #116.
 
A utility easement to the ARSRM site from the 33 KV Central
Illinois Electric Company (CILCO) substation located adjacent
to State Highway #116. This easement is more particularly
described as a strip of land 15 feet wide on the east side of a
line beginning at the southwest corner of the ARSRM site and
running S 0° 02' W to the north edge of the CILCO substation
and a strip of land 50 feet wide on the west side of a line
beginning 590 feet S 0° 02' W of the southwest corner of the
ARSRM site and running S 0° 02' W to the north edge of the CILCO
substation. This easement shall include the right to install
and maintain overhead and underground utility lines, and shall
be subject to existing roadways and utility easements.
 
The utility easements shall provide the right to install and
maintain underground and overhead utility lines and shall be
subject to existing rights-of-way and utility easements.
 
All presently owned government lands adjacent to the Radar
Building for a 2000 foot radius in all directions shall be
zoned against all new structures (temporary or permanent) which
exceed an elevation of 780 feet MSL (Mean Sea Level) without
written approval from the FAA Regional Director.
 
All presently owned government lands adjacent to the Radar
Building for a 1000 foot radius in all directions shall be
zoned against any new metal structures of any kind regardless
of height. This eliminates, but is not limited to, any metal
buildings, metal roofs and metal fences. This does not restrict
wooden, masonry block or concrete buildings with structural
steel framing.
 
Total acreage described above is 38.456 acres, more or less,
with the following described easements.
 
Also, perpetual easements and right-of-ways in, on, over,
under, and across the land for the location, construction,
operation, maintenance, patrol, and removal of a sewer line
with all necessary fittings and appliances together with the
right to trim, cut, fell, and remove therefrom all trees,
underbrush, and obstructions and any other vegetation,
structures, or obstacles within the limits of the
right-of-ways, subject however to existing easements for
public roads and highways, public utilities, railroads and
pipelines, including the rights hereinafter described in, on,
over, under, and across certain lands in Peoria County, State
of Illinois, described as follows:
 
The South Forty (40) feet of the West Forty (40) feet of the
Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of
Section 4, Township 8 North, Range 6 East of the Fourth
Principal Meridian, Peoria County, Illinois; containing 0.04
acre, more or less.
 
And saving, excepting and reserving to the Grantor, its
successors or assigns, forever, all ores, minerals, coal, oils,
gasses and salts situated in, upon or under said property or
any part or parts thereof, and the right at all times to enter
upon said land, or any part or parts thereof, and there
explore, search, dig, drill and mine for ores, minerals, coal,
oils, gases and salts and freely carry on the business of
drilling or mining and removing such, and for such purpose or
purposes take, use and occupy so much and such parts of said
property, and to cave the surface thereof, and for such term of
time as said Grantor, its successors or assigns shall deem
expedient without any let, hindrance or interference by the
Grantee, their successors and assigns. Provided, however, that
if said Grantor, its successors or assigns shall require any
part of the surface of said land for permanent occupancy or
shall cave the surface thereof or shall damage any part of the
surface of said land or the improvements of such part, the
Grantor, its successors or assigns shall pay said Grantee or
its successors or assigns for the land so caved or occupied or
for the damage caused but not exceeding in amount the actual
prior market value of the part or parts of the property so
occupied or damaged together with improvements. The purpose of
this exception or reservation is to sever the surface estate of
said property from the mineral estate lying beneath the surface
and by this Quitclaim Deed convey only rights in the use of the
surface of said property.
 
And also subject to existing easements for public roads,
highways, public utilities, railroads, pipelines, and
rights-of-way, if any, not shown of record. The conveyance
shall be made subject to the condition that title to the
buildings and the land shall revert to the State of Illinois,
Department of Corrections, if Peoria County ceases to use the
buildings and the land for a public purpose.
 
    Section 10. The real estate described in Section 5 is no
longer needed by the State of Illinois. Therefore, the Director
of Corrections, on behalf of the State of Illinois and the
Department of Corrections, must convey by quit claim deed all
right, title, and interest of the State of Illinois and the
Department of Corrections in and to the real estate described
in Section 5 of this Act to Peoria County at no additional
consideration.
 
    Section 15. The Director of Corrections shall obtain a
certified copy of this Act within 60 days after this Act's
effective date and shall record the certified document in the
Recorder's Office of Peoria County, Illinois.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 9/22/2008