Executive Committee
Filed: 5/25/2005
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 2038 




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    AMENDMENT NO. ______. Amend Senate Bill 2038  by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. "An Act to authorize the Department of Mental 
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Health to convey certain State-owned lands in Kane County",

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approved August 10, 1965, as amended by "An Act to amend 
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Section 3 of "An Act to authorize the Department of Mental 
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Health to convey certain State-owned lands in Kane
County", 
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approved August 10, 1965", approved March 2, 1967, is amended  
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by changing Section 3 as follows:
 



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    (Laws 1965, p. 2927, Sec. 3; Laws 1967, p. 28, Sec. 1)



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    Sec. 3. (a) Except as provided in subsection (b), the
The

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purchaser shall agree that the land described in Section 1 
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shall be used for public educational and recreational purposes, 
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but
may convey any part of that land to the board of a public 
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junior college district which includes any part of Kane County 
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in its territory
at a purchase price computed on the basis of a 
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price per acre which does not exceed that authorized by this 
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Act for the conveyance to
the City of Elgin. Such an agreement 
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does not prevent the City of Elgin from selling or leasing, 
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under the conditions and in the manner
provided in Division 76 
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of Article 11 of the Illinois Municipal Code, any part of that 
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land not so conveyed.

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    (b) The provisions of subsection (a) do not apply to  the 
 


 






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following described land, which is a part of the land described 
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in Section 1:
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THAT PART OF THE SOUTH HALF OF SECTION 21, TOWNSHIP 41 NORTH, 
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RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS 
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FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST 
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QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21; THENCE 
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SOUTH 88 DEGREES 16 MINUTES 35 SECONDS WEST, ALONG THE NORTH 
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LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID 
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SECTION 21, A DISTANCE OF 474.18 FEET; THENCE NORTH 58 DEGREES 
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14 MINUTES 37 SECONDS WEST, A DISTANCE OF 235.77 FEET; THENCE 
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NORTH 32 DEGREES 44 MINUTES 49 SECONDS WEST, A DISTANCE OF 
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162.03 FEET; THENCE NORTH 09 DEGREES 02 MINUTES 18 SECONDS 
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WEST, A DISTANCE OF 360.85 FEET FOR THE POINT OF BEGINNING; 
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THENCE SOUTH 09 DEGREES 02 MINUTES 18 SECONDS EAST, A DISTANCE 
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OF 360.85 FEET; THENCE SOUTH 32 DEGREES 44 MINUTES 49 SECONDS 
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EAST, A DISTANCE OF 162.03 FEET; THENCE SOUTH 58 DEGREES 14 
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MINUTES 37 SECONDS EAST, A DISTANCE OF 74.33 FEET; THENCE SOUTH 
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37 DEGREES 35 MINUTES 46 SECONDS EAST, A DISTANCE OF 109.91 
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FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF 
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THE SOUTHWEST QUARTER OF SAID SECTION 21; THENCE SOUTH 88 
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DEGREES 16 MINUTES 35 SECONDS WEST, ALONG THE SOUTH LINE OF THE 
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NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21 
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ALSO BEING THE SOUTH LINE OF PROPERTY PREVIOUSLY OWNED BY THE 
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STATE OF ILLINOIS BY DOCUMENT NUMBER 498148, A DISTANCE OF 
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783.03 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF 
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THE SOUTHWEST QUARTER OF SAID SECTION 21; THENCE NORTH 00 
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DEGREES 56 MINUTES 00 SECONDS WEST, ALONG THE WEST LINE OF THE 
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NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21 
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ALSO BEING THE MOST WESTERLY LINE OF PROPERTY PREVIOUSLY OWNED 
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BY THE STATE OF ILLINOIS BY DOCUMENT NUMBER 498148, A DISTANCE 
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OF 624.62 FEET TO THE INTERSECTION WITH A LINE THAT IS 30.00 
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FEET, AS MEASURED PERPENDICULAR, SOUTHERLY OF AND PARALLEL WITH 
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THE NORTHERLY LINE OF PROPERTY PREVIOUSLY OWNED BY THE STATE OF 
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ILLINOIS BY DOCUMENT NUMBER 498148; THENCE NORTH 88 DEGREES 01 
 


 






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MINUTES 35 SECONDS EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 
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518.58 FEET TO THE POINT OF BEGINNING. BEING SITUATED IN THE 
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CITY OF ELGIN, KANE COUNTY, ILLINOIS AND CONTAINING 8.59 ACRES 
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MORE OR LESS.

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(Source: Laws 1965, p. 2927; Laws 1967, p. 28.)

 

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    (P.A. 81-910, Sec. 1-6 rep.)


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    Section 10. "An Act authorizing the Director of Mental 
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Health and Developmental Disabilities to convey certain real 
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property",
approved September 22, 1979, Public Act 81-910, is 
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amended  by repealing Section 1-6.
 
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    Section 15. Upon the payment of the sum of $1 to the State 
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of Illinois, Department of Corrections, the Director of the 
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Department of Corrections, on behalf of the State of Illinois, 
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is authorized to execute and deliver to the Community Unit 
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School District 303 a  Quit Claim Deed to the following 
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described real property, to wit:
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    THE EAST 1/2 OF THE SOUTHEAST QUARTER LYING SOUTHERLY OF 
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    THE SOUTHERLY LINE OF ILLINOIS ROUTE 38 OF SECTION 31, 
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    TOWNSHIP 40 NORTH, RANGE 8 (EXCEPT PARTS LYING IN THE 
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    FOLLOWING TRACTS: PART CONVEYED TO CITY OF GENEVA BY DEED 
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    AS DOCUMENT NUMBER 2003K030617 RECORDED FEBRUARY 20, 2003 
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    AND PART CONVEYED TO CITY OF ST.  CHARLES BY DEED AS 
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    DOCUMENT NUMBER 2003K107154 RECORDED JUNE 27, 2003 AND 
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    PARTS CONVEYED TO ST. CHARLES PARK DISTRICT BY DEED 
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    DOCUMENT 2003K003045 AND DEED DOCUMENT 2003K003046 
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    RECORDED JANUARY 7, 2003, PART CONVEYED TO CITY OF ST.  
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    CHARLES BY DEED DOCUMENT 93K095347, ALSO EXCEPT PART 
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    CONVEYED TO ILLINOIS DEPT. OF TRANSPORTATION BY DEED 
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    DOCUMENT 1690232 AND ALSO EXCEPT ANY PART LYING IN PECK 
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    ROAD) IN CITY OF ST. CHARLES, KANE COUNTY, ILLINOIS.
 
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    Section 20.  The General Assembly finds as follows:
 


 






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    (1) Public Act 92-532 authorized the  transfer of parcels of 
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land from the Illinois Department of Corrections to the City of 
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St. Charles.
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    (2) It was the understanding of the Illinois Department of 
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Corrections and the City of St. Charles that the conveyance 
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described in Section 10 of this Act would be included in Public 
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Act 92-532.
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    (3) It has since been discovered that the conveyance 
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described in Section 10 of this Act was not included in Public 
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Act 92-532, and this Act  is necessary to ensure that the 
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conveyance be made  so that the land  may be used for a public 
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purpose.

 
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    Section 25. The Director of the Illinois Department of 
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Corrections is authorized to convey a permanent exclusive 
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easement to the City of St. Charles, Illinois, lessees of the 
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City of St. Charles, Illinois, and all public utility companies 
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of any kind of operation under franchise agreements granting 
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them easement rights from the City of St. Charles, Illinois, 
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and their successors and assigns in, upon, across, over, under, 
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and through the following described land in Kane County, 
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Illinois:
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Parcel 10:  ILLINOIS DEPARTMENT OF CORRECTIONS
 

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The Westerly Sixty Feet and the Northerly Ten Feet of that part 
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of the Southeast Quarter of Section 31 Township 40 North, Range 
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8 East of the Third Principal Meridian, described as follows:

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Beginning at the Northeast corner of Tract of Land conveyed to 
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the City of St. Charles by Quit Claim Deed recorded November 
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30, 1993 as Document No. 93K095347 (Parcel 1) in the Kane 
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County Recorders Office; thence Southerly along the East Line 
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of said Tract, 749.89 feet; thence Southwesterly along the 
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Southeast Line of said Tract which forms an angle of 210 
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degrees 30 minutes and 00 seconds with last described course 
 


 






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(measured clockwise therefrom) 309.61 feet; thence Easterly 
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along a line that forms an angle of 59 degrees 55 minutes and 
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57 seconds with the last described course (measured clockwise 
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therefrom) 715.24 feet, to a point on the Southerly Extension 
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of the West Line of Tract of Land conveyed to the Illinois 
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Department of Transportation by document No. 1690232 in said 
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Recorders Office, said point being 550.00 feet South of 
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Southwest corner of said Tract; thence Northerly along said 
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Southerly Extension and the West Line of said Tract, and which 
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line forms an angle of 90 degrees 00 minutes and 00 seconds 
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with the last described course (measured clockwise therefrom) 
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1050.00 feet, to the Northwest corner of said Illinois 
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Department of Transportation Tract, being on the South Right of 
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Way of Illinois  State Route 38, (said South Right of Way Line 
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being 60.00 feet normally distant South of the Centerline of 
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Illinois State Route 38); thence westerly along said Right of 
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Way line 566.70 feet, to the Point of Beginning, in St. Charles 
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Township, Kane County, Illinois.

 
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    Section 90. The Director of the Illinois Department of 
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Corrections shall obtain a certified copy of the portion of 
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this Act containing the title, enacting clause, effective date, 
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the appropriate Sections containing the land descriptions of 
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the property listed in Sections 15 and 25 to be transferred or 
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otherwise affected under this Act after its effective date and, 
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upon receipt of payment, if payment is required by the Section, 
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shall record the certified document in the Recorder's Office in 
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Kane County.
 

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