Public Act 100-0633
 
HB4319 EnrolledLRB100 16704 HEP 31842 b


  
    AN ACT concerning property.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. "An Act concerning land", veto overridden 
September 22, 2008, Public Act 95-982, is amended  by changing 
Section 5 as follows:
 
    (P.A. 95-982, Sec. 5)

    Sec. 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 or private purpose, and 
that if Peoria County sells the property, 10% of the sale 
proceeds shall be paid to the State of Illinois.

(Source: P.A. 95-982, eff. 9-22-2008.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.