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Public Act 100-0301

 

Public Act 0301 100TH GENERAL ASSEMBLY




 

 
Public Act 100-0301
 
HB0770 EnrolledLRB100 08390 HEP 18502 b



    AN ACT concerning property.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 



 
    Section 5. The Director of the Department of Natural 
Resources, on behalf of the State of Illinois, is authorized to 
execute and deliver to the Fox Waterway Agency, a 
special-purpose unit of local government organized and 
existing under the laws of this State, for and in consideration 
of $1 paid to the Department, a quit claim deed to the 
following described real property:
 
Site R-15
A tract conveyed to the State of Illinois, Department of 
Transportation, Division of Water Resources (now Department of 
Natural Resources) by Document No. 91R016102, dated May 9, 1991 
in County of McHenry, State of Illinois, description as 
follows:
 
That part of the Northeast fraction of the Northwest Quarter 
(on the East bank of the Fox River) of Section 32, Township 44 
North, Range 9 East of the Third Principal Meridian, described 
as follows: Beginning at the Northeast corner of said Northwest 
Quarter and running thence South along the East line thereof 
for a distance of 200 feet to a point; thence West parallel 
with the North line of said Northwest Quarter for a distance of 
1040 feet to a point; thence Southwesterly on a line forming an 
angle of 55 degrees and 30 minutes to the left with a 
prolongation of the last described line, at the last described 
point, for a distance of 575 feet to a point, (said line 
hereinafter known as line "B"), to a point; thence 
Southwesterly on a line forming an angle of 28 degrees and 00 
minutes to the right with a prolongation of the last described 
line, at the last described point, for a distance of 260 feet, 
more or less, to the Easterly shore line of the Fox River; 
thence Northwesterly on the Easterly shore line of the Fox 
River for a distance of 110 feet to a point; thence 
Northeasterly for a distance of 246 feet, more or less, to a 
point on a line drawn 50 feet Northwesterly of and parallel 
with said line "E" as previously described herein; thence 
Northeasterly on a line 50 feet Northwesterly of and parallel 
with said line "B" for a distance of 580 feet, more or less, to 
a point, said point being 150 feet South of and parallel with 
the North line of the Northwest Quarter of said Section 32; 
thence East on the last mentioned parallel line for a distance 
of 275 feet, more or less, to a point on a line drawn 790 feet 
West of and parallel with the East line of said Northwest 
quarter; thence North on the last mentioned parallel line for a 
distance of 150 feet to a point on the North line of said 
Northwest Quarter; thence East 790 feet to the Place of 
Beginning in McHenry County, Illinois.
 
ALSO an easement for ingress and egress over that part thereof 
described as the East 60 feet of the North 200 feet of the 
Northwest Quarter of Section 32 Township 44 North, Range 9, 
East of the Third Principal Meridian, in McHenry County, 
Illinois.
 
ALSO a 60 foot easement for ingress and egress over that part 
of the Northwest Quarter of Section 32, Township 44 North, 
Range 9, East of the Third Principal Meridian, the center line 
of said easement being described as beginning at the Southeast 
corner of a certain deed recorded in the recorder's office of 
McHenry County, Illinois in Book 441 of Deeds, Page 157 as 
Document number 275452 and running South and Southeasterly 
parallel with the shore line of the Fox River to the most 
Southeasterly line of a tract of land (said Southeasterly line 
being located 350 feet Northwesterly of and parallel with line 
"A" as mentioned and described herein. Situated in the County 
of McHenry and in the State of Illinois.
 
A tract conveyed to the State of Illinois, Department of 
Transportation, Division of Water Resources (now Department of 
Natural Resources) by Document No. 91R012191, dated February 
21, 1991 in County of McHenry, State of Illinois, description 
as follows:
 
A parcel of land comprised of the Southwest Quarter of the 
Southeast Quarter of Section 29, Township 44 North, Range 9 
East of the Third Principal Meridian, described as follows:

Beginning at the Southeast corner of said Southwest Quarter of 
the Southeast Quarter of Section 29 (said point being on the 
South line of said Section 29 as described in Document No. 
77847 and 1325.30 feet West of the Southeast of said Section 
29); thence South 89 degrees 21 minutes 28 seconds West along 
the South line of said Section 29, 1322.01 feet; thence North 
00 degrees 15 minutes 57 seconds West, 1311.43 feet; thence  
North 89 degrees 28 minutes 25 seconds East, 1315.01 feet; 
thence South 00 degrees 34 minutes 19 seconds East, 1308.75 
feet to the Point of Beginning; containing 39.655 acres, more 
or less, in McHenry County, Illinois.
 
A Permanent Easement conveyed to the State of Illinois, 
Department of Transportation, Division of Water Resources (now 
Department of Natural Resources) by Document No. 91047610, 
dated November 6, 1991 in County of McHenry, State of Illinois, 
description as follows:
 
All that part of the Northwest Quarter of the Northeast Quarter 
of Section 32, Township 44 North, Range 9 East of the Third 
Principal Meridian in McHenry County, Illinois, Described as 
follows:
 
Beginning at the Northwest corner of the Northeast Quarter of 
Section 32; thence South 00 degrees 57 minutes 13 seconds East 
along the West line of said Northeast Quarter, 30.00 feet; 
thence South 89 degrees 21 minutes 28 seconds East, 50.00 feet; 
thence North 00 degrees 57 minutes 13 seconds East, 30.00 feet 
to a point in the North line of said Section 32; thence North 
89 degrees 21 minutes 28 seconds West along said Section line 
50.00 feet to the Point of Beginning, containing 0.0344 acres 
more or less.
 
Site R-16
A tract conveyed to the State of Illinois, Department of 
Transportation, Division of Water Resources (now Department of 
Natural Resources) by Document No. 89R028726, dated July 11, 
1989 in County of McHenry, State of Illinois, description as 
follows:
 
Lots 1, 11 and 12, in Block 3 and Lot 28 in Block 4, all in 
Holiday Hills Unit No. 3, being a subdivision of part of the 
West Half of Fractional Section 18, Township 44 North, Range 9 
East of the Third Principal Meridian, lying on the Easterly 
side of the Fox River, according to the plat thereof recorded 
September 26, 1955, as Document No. 298208, in Book 12 of 
Plats, Pages 52 and 53, in McHenry County, Illinois.
 
A tract conveyed to the State of Illinois, Department of 
Transportation, Division of Water Resources (now Department of 
Natural Resources) by Document No. 89R028725, dated August 31, 
1989 in County of McHenry, State of Illinois, description as 
follows:
 
Lot 2, Block 3, Holiday Hills Unit No. 3, being a subdivision 
of part of the West Half of Fractional Section 18, Township 44 
North, Range 9 East of the Third Principal Meridian, lying on 
the Easterly side of the Fox River, according to the plat 
thereof recorded September 26, 1955, as Document No. 298208, in 
Book 12 of Plats, Pages 52 and 53, in McHenry County, Illinois.
 
A tract conveyed to the State of Illinois, Department of 
Transportation, Division of Water Resources (now Department of 
Natural Resources) by Document No. 89R032634, dated July 13, 
1989 in County of McHenry, State of Illinois, description as 
follows:
 
Lots 3 and 4, Block 3, Holiday Hills Unit No. 3, being a 
subdivision of part of the West Half of Fractional Section 18, 
Township 44 North, Range 9 East of the Third Principal 
Meridian, lying on the Easterly side of the Fox River, 
according to the plat thereof recorded September 26, 1955, as 
Document No. 298208, in Book 12 of Plats, Pages 52 and 53, in 
McHenry County, Illinois.
 
A tract conveyed to the State of Illinois, Department of 
Transportation, Division of Water Resources (now Department of 
Natural Resources) by Document No. 89R032632, dated July 11, 
1989 in County of McHenry, State of Illinois, description as 
follows:
 
Lot 5, Block 3, Holiday Hills Unit No. 3, being a subdivision 
of part of the West Half of Fractional Section 18, Township 44 
North, Range 9 East of the Third Principal Meridian, lying on 
the Easterly side of the Fox River, according to the plat 
thereof recorded September 26, 1955, as Document No. 298208, in 
Book 12 of Plats, Pages 52 and 53, in McHenry County, Illinois.
 
A tract conveyed to the State of Illinois, Department of 
Transportation, Division of Water Resources (now Department of 
Natural Resources) by Document No. 89R028722, dated July 10, 
1989 in County of McHenry, State of Illinois, description as 
follows:
 
Lot 6, Block 3, Holiday Hills Unit No. 3, being a subdivision 
of part of the West Half of Fractional Section 18, Township 44 
North, Range 9 East of the Third Principal Meridian, lying on 
the Easterly side of the Fox River, according to the plat 
thereof recorded September 26, 1955, as Document No. 298208, in 
Book 12 of Plats, Pages 52 and 53, in McHenry County, Illinois.
 
A tract conveyed to the State of Illinois, Department of 
Transportation, Division of Water Resources (now Department of 
Natural Resources) by Judgement Order, Case No. 89ED3, dated 
March 30, 1990 in County of McHenry, State of Illinois, 
description as follows:
 
Lot 7, Block 3, Holiday Hills Unit No. 3, being a subdivision 
of part of the West Half of Fractional Section 18, Township 44 
North, Range 9 East of the Third Principal Meridian, lying on 
the Easterly side of the Fox River, according to the plat 
thereof recorded September 26, 1955, as Document No. 298208, in 
Book 12 of Plats, Pages 52 and 53, in McHenry County, Illinois.
 
A tract conveyed to the State of Illinois, Department of 
Transportation, Division of Water Resources (now Department of 
Natural Resources) by Document No. 89R028723, dated August 24, 
1989 in County of McHenry, State of Illinois, description as 
follows:
 
Lot 8, Block 3, Holiday Hills Unit No. 3, being a subdivision 
of part of the West Half of Fractional Section 18, Township 44 
North, Range 9 East of the Third Principal Meridian, lying on 
the Easterly side of the Fox River, according to the plat 
thereof recorded September 26, 1955, as Document No. 298208, in 
Book 12 of Plats, Pages 52 and 53, in McHenry County, Illinois.
 
A tract conveyed to the State of Illinois, Department of 
Transportation, Division of Water Resources (now Department of 
Natural Resources) by Document No. 89R032633, dated August 30, 
1989 in County of McHenry, State of Illinois, description as 
follows:
 
Lot 9, Block 3, Holiday Hills Unit No. 3, being a subdivision 
of part of the West Half of Fractional Section 18, Township 44 
North, Range 9 East of the Third Principal Meridian, lying on 
the Easterly side of the Fox River, according to the plat 
thereof recorded September 26, 1955, as Document No. 298208, in 
Book 12 of Plats, Pages 52 and 53, in McHenry County, Illinois.
 
A tract conveyed to the State of Illinois, Department of 
Transportation, Division of Water Resources (now Department of 
Natural Resources) by Judgement Order, Case No. 89ED4, dated 
March 19, 1993 in County of McHenry, State of Illinois, 
description as follows:
 
Lots 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 and 27, Block 4, all 
in Holiday Hills Unit No. 3, being a subdivision of part of the 
West Half of Fractional Section 18, Township 44 North, Range 9 
East of the Third Principal Meridian, lying on the Easterly 
side of the Fox River, according to the plat thereof recorded 
September 26, 1955, as Document No. 298208, in Book 12 of 
Plats, Pages 52 and 53, in McHenry County, Illinois.
 
A tract conveyed to the State of Illinois, Department of 
Transportation, Division of Water Resources (now Department of 
Natural Resources) by Document No. 89R028724, dated July 11, 
1989 in County of McHenry, State of Illinois, description as 
follows:
 
Lot 10, Block 3, Holiday Hills Unit No. 3, being a subdivision 
of part of the West Half of Fractional Section 18, Township 44 
North, Range 9 East of the Third Principal Meridian, lying on 
the Easterly side of the Fox River, according to the plat 
thereof recorded September 26, 1955, as Document No. 298208, in 
Book 12 of Plats, Pages 52 and 53, in McHenry County, Illinois.
 
    Section 10. Conditions on transfer.
    (a) The conveyances of real property authorized by Section 
5 shall be made subject to:  (1) existing public utilities, 
existing public roads, and any and all reservations, easements, 
encumbrances, covenants and restrictions of record; (2) the 
express condition that within one year after conveyance, the 
Fox Waterway Agency shall: sell the real property for no less 
than fair market value; use any proceeds from the sale to 
purchase of an alternate dredge material disposal site or sites 
for no more than fair market value; and transfer any proceeds 
remaining after the purchase of an alternate dredge material 
disposal site or sites to the Department of Natural Resources 
for deposit into the General Revenue Fund; and (3) the 
requirements of subsection (b) of this Section.
    (b) If, after one year following the conveyances of the 
real property under Section 5, the Fox Waterway Agency has 
failed to comply with the express condition set forth in item 
(2) of subsection (a), the real property shall revert to the 
State of Illinois, Department of Natural Resources, or, if 
applicable, the proceeds from the sale of the conveyed property 
shall be immediately transferred to the Department of Natural 
Resources for deposit into the General Revenue Fund.
If any 
property purchased with proceeds from the sale of the conveyed 
property is not used as a dredged material disposal site within 
2 years following the conveyances under Section 5 or if at any 
time the property ceases to be used for public purposes, the 
Fox Waterway Agency shall convey by quitclaim deed the property 
to the Department of Natural Resources for $1.
As used in this 
Section, "fair market value" means the average of 3 appraisals 
plus the costs of obtaining the appraisals.
 
    Section 15. The Director of Natural Resources shall obtain 
a certified copy of the portions of this Act containing the 
title, the enacting clause, the effective date, the appropriate 
Section or Sections containing the land descriptions of the 
property to be conveyed, and this Section within 60 days after 
its effective date and, upon receipt of the payment required by 
the Section or Sections, if any payment is required, shall 
record the certified document in the Recorder's Office in the 
county in which the land is located.
 

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


Effective Date:  8/24/2017











  

    

      

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