HB4369 93RD GENERAL ASSEMBLY

LRB093 17070 LCB 42736 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4369

Introduced 02/03/04, by Angelo Saviano

SYNOPSIS AS INTRODUCED:

735 ILCS 5/7-103.113 new
735 ILCS 5/7-103.114 new

Amends the Code of Civil Procedure. Grants quick-take powers to Kankakee County and Sangamon County for the acquisition of the specified property for road construction and maintenance.

A BILL FOR

AN ACT concerning civil procedure.

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

Section 5. The Code of Civil Procedure is amended by adding Sections 7-103.113 and 7-103.114 as follows:

(735 ILCS 5/7-103.113 new)

Sec. 7-103.113. Quick-take; Kankakee County. Quick-take proceedings under Section 7-103 may be used for a period of 12 months from the effective date of this amendatory Act of the 93rd General Assembly by Kankakee County, for the purpose of road construction and maintenance, for the acquisition of property legally described as:

Tract #1:

A tract of land lying in Northwest Quarter of Section Twenty-One (21), Township thirty-one North (T31N), Range Thirteen East (R13E) of the Third Principle Meridian (3rd P.M.). Said tract being the North Ninety feet (90') of the Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) of said Section Twenty One (21) (does not constitute a homestead).

Tract #2:

A tract of land lying the Southeast Quarter (SE 1/4) of Section Sixteen (16), Township thirty-one North (T31N), Range Thirteen East (R13E) of the Third Principle Meridian (3rd P.M.). Said tract being described as follows: Commencing at a point on the south line of the Southeast Quarter (SE 1/4) of said Section Sixteen (16), five hundred forty four and five tenth feet (544.5') west of the Southeast Corner (SE) of the Southeast Quarter (SE 1/4) of said Section Sixteen (16), said point to be known as the point of beginning; thence west along said south line of said Section Sixteen (16) at a bearing of S 89° 07' 01" W a distance of two thousand one hundred thirteen and five tenths feet (2113.5') to the Southwest Corner (SW) of the Southeast Quarter (SE 1/4) of said Section Sixteen (16); thence northeasterly a distance of two thousand one hundred thirteen and seventy two hundredths feet (2113.72') at a bearing angle of N 88° 08' 49" E to a point, thence southerly along a straight line a distance of thirty five and seventy eight hundredths feet plus or minus (35.78' +/-) to the point of beginning (does not constitute a homestead).

Tract #3:

A tract of land lying in the Northeast Quarter (NE 1/4) of Section Twenty-One (21), Township thirty-one North (T31N), Range Thirteen East (R13E) of the Third Principle Meridian (3rd P.M.). Said tract being described as follows: Commencing at a point on the West Line of the Northeast Quarter (NE 1/4) of said Section Twenty One (21), Ninety feet (90') South of the Northwest Corner (NW) of the Northeast Quarter (NE 1/4) of said Section Twenty One (21), said point to be known as the point of beginning; thence North along the West Line of the Northeast Quarter (NE 1/4) of said Section Twenty One (21) to the Northwest Corner (NW) of the Northeast Quarter (NE 1/4) of said Section Twenty One (21); thence East along the North Line of said Section Twenty One (21) to the Northeast Corner (NE) of the Northeast Quarter (NE 1/4) of said Section Twenty One (21); thence South along the East Line of said Section Twenty One (21) forty five feet (45') to a point; thence Westerly along a straight line a distance of two thousand six hundred fifty eight and thirty eight hundredths (2658.38'±) feet, plus or minus, to the point of beginning, excepting therefrom any portion which has previously been dedicated for public highway (does not constitute a homestead).

Tract #4:

A tract of land lying in the Northwest Quarter (NW 1/4) of Section Twenty (20), Township Thirty One North (T31N), Range Thirteen East (R13E) of the Third Principle Meridian (3rd P.M.). Said tract of land being the North ninety feet (90') of the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) of said Section Twenty (20), containing 2.781 acres more or less.

Tract #5:

A tract of land lying in the Southeast Quarter (SE 1/4) of Section Sixteen (16), Township Thirty-One North (T31N), Range Thirteen East (R13E) of the Third Principle Meridian (3rd P.M.). Said tract being described as follows: Commencing at a point on the East line of the Southeast Quarter (SE 1/4) of said Section Sixteen (16) forty five feet (45') north of the Southeast Corner (SE) of the said Section Sixteen (16), said point to be known as the point of beginning thence south a distance of forty five feet (45') at a bearing of S 1° 05' 47" E along the east line of the Southeast Quarter (SE 1/4) of said Section Sixteen (16) to the Southeast Corner (SE) of said Section Sixteen (16); thence westerly at a bearing of s 89° 07' 01' W along the south line of the Southeast Quarter (SE 1/4) of said Section Sixteen (16) a distance of five hundred forty four and five tenths feet (544.5') to a point; thence northerly at a bearing of N 1° 05' 47" W a distance of thirty five and seventy eight hundredths feet (35.78') to a point; thence easterly at a bearing of N 88° 08' 49" E a distance of five hundred forty four and forty-nine hundredths feet, (544.49') to the point of beginning, excepting therefrom any portion which has previously been dedicated for public highway (does not constitute a homestead).

(735 ILCS 5/7-103.114 new)

Sec. 7-103.114. Quick-take; Sangamon County. Quick-take proceedings under Section 7-103 may be used for a period of 12 months from the effective date of this amendatory Act of the 93rd General Assembly by Sangamon County, for the purpose of road construction and maintenance, for the acquisition of property legally described as:

Parcel No. 3

A part of the East Half of the Southwest Quarter of Section 6, Township 15 North, Range 4 West of the Third Principal Meridian, Sangamon County, Illinois, described as follows:

Commencing at the Northeast corner of the Southwest Quarter of said Section 6; thence South 0 degrees 44 minutes 49 seconds East along the east line of the Southwest Quarter of said Section 6, a distance of 326.11 feet to the point of beginning; thence continuing South 0 degrees 44 minutes 49 seconds East, 359.27 feet; thence North 86 degrees 59 minutes 03 seconds West, 35.08 feet; thence North 0 degrees 44 minutes 49 seconds West, 359.27 feet; thence South 86 degrees 59 minutes 03 seconds East, 35.08 feet to the point of beginning.

All of the above excludes that portion now in use as a public road, said tract to be conveyed containing 0.124 acres, more or less. Said tract being shown by the plat hereto attached and considered a part hereof.

Parcel No. 6

A part of the East Half of the Southwest Quarter of Section 6, Township 15 North, Range 4 West of the Third Principal Meridian, Sangamon County, Illinois, described as follows:

Commencing at the Northeast corner of the Southwest Quarter of said Section 6; thence South 0 degrees 44 minutes 49 seconds East along the east line of the Southwest Quarter of said Section 6, a distance of 276.00 feet to the point of beginning; thence continuing South 0 degrees 44 minutes 49 seconds East, 50.11 feet; thence North 86 degrees 59 minutes 03 seconds West, 35.08 feet; thence North 0 degrees 44 minutes 49 seconds West, 50.11 feet; thence South 86 degrees 59 minutes 03 seconds East, 35.08 feet to the point of beginning.

All of the above excludes that portion now in use as a public road, said tract to be conveyed containing 0.017 acres, more or less. Said tract being shown by the plat hereto attached and considered a part hereof.

Parcel No. 9

A part of the East Half of the Southwest Quarter of Section 6, Township 15 North, Range 4 West of the Third Principal Meridian, Sangamon County, Illinois, described as follows:

Beginning at the Northeast corner of the Southwest Quarter of said Section 6; thence South 0 degrees 44 minutes 49 seconds East along the east line of the Southwest Quarter of said Section 6, a distance of 276.00 feet; thence North 86 degrees 59 minutes 03 seconds West, 35.08 feet; thence North 0 degrees 44 minutes 49 seconds West, 224.01 feet; thence South 89 degrees 15 minutes 11 seconds West, 5.00 feet; thence North 0 degrees 44 minutes 49 seconds West, 49.07 feet to the north line of the Southwest Quarter of said Section 6; thence North 88 degrees 22 minutes 11 seconds East, 40.00 feet to the point of beginning.

All of the above excludes that portion now in use as a public road, said tract to be conveyed containing 0.100 acres, more or less. Said tract being shown by the plat hereto attached and considered a part hereof.