Sen. John M. Sullivan
Filed: 7/10/2007
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 770




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    AMENDMENT NO. ______. Amend Senate Bill 770 by replacing 
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everything after the enacting clause with the following:

 
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"ARTICLE 5.  CONVEYANCE TO CITY OF MONMOUTH

 
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    Section 5-5. The Adjutant General, on behalf of the State 
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of Illinois and the Department of Military Affairs, is 
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authorized to convey by Quitclaim Deed all right, title, and 
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interest of the State of Illinois and the Department of 
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Military Affairs in and to the real estate described in Section 
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5-10 to the City of Monmouth, subject to the conditions and 
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restrictions described in Section 5-15.
 
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    Section 5-10. The Adjutant General is authorized to convey 
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the following described real property:
 
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    Parcel 1: All of Lot Three (3) in Block
     Twenty-Six (26) of 
 


 






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the Old Town Plat of the City of
     Monmouth, Illinois.
 

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    Parcel 2: Thirty-eight and sixty-three
     hundredths (38.63) 
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feet off the West end of Lot Four
     (4) in Block Twenty-Six (26) 
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of the Old Town Plat of
     the City of Monmouth, Illinois.
 
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    Parcel 3: A part of Lot Two (2) of Lot
     Five (5) in Block 
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Twenty-Six (26) of the Old Town Plat
     of the City of Monmouth, 
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Illinois, described as follows:
 

     
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Commencing at the Northwest corner of Lot Two (2) of
     the 
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subdivision of Lot Five (5) of Block
     Twenty-Six (26) of the Old 
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Town Plat of the City of
     Monmouth, running thence east along 
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the north line of
     said Lot Two (2) to the Northeast corner of 
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said Lot
     Two (2), about two hundred three and twenty-eight
     
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hundredths (203.28) feet, thence south to the south
     line of 
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said Lot Two (2), thence west seventy-one and
     twenty-eight 
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hundredths (71.28) feet, thence north
     sixty (60) feet, thence 
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west to the west line of said
     Lot Two (2), thence north to the 
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place of beginning,
     as shown by Plat of said subdivision 
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recorded in Vol.
     27 on page 58 of Deed records of Warren 
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County,
     Illinois.
 
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    Parcel 4:  The East half of the East half of Lot One (1) in 
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Block Twenty-Six (26) of the Old Town Plat of the City of 
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Monmouth, Illinois; subject to and including an easement, the 
 


 






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terms of which are recorded in Book 91, page 497 of the records 
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in the Recorder's Office of Warren County, Illinois, and 
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subject to any rights to maintain sewers under said premises.
 
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    Parcel 5: The West half of the East half of Lot One (1) in 
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Block Twenty-Six (26) of the Old Town Plat of the City of 
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Monmouth, Illinois; with perpetual right of ingress and egress 
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for a driveway, as shown by deed dated February 23, 1898 and 
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recorded in Volume 91, page 497, of the Deed Records of Warren 
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County, Illinois.
 
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    Parcel 6: Lot Four (4) in Block Twenty-Six (26) of the Old 
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Town Plat of the City of Monmouth, Illinois, except 
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thirty-eight and sixty-three hundredths (38.63) feet off of the 
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West end of said Lot 4, and except fifteen (15) feet off of the 
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North side of said Lot 4, situated in the City of Monmouth, 
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Warren County, Illinois.
 
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    Section 5-15.  The Adjutant General shall not convey the 
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above real property to the City of Monmouth until the Adjutant 
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General determines that the property is no longer required for 
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military purposes.  In this regard, construction of the new 
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Readiness Center in Galesburg must be completed, and all 
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military units with associated equipment must have been 
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transferred from the armory property described in Section 5-10 
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to the new Readiness Center in Galesburg.  Conveyance of the 
 


 






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above real property will be in an "as is" condition, subject to 
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an Historic Preservation Covenant on the armory buildings as 
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approved by the Illinois Historic Preservation Agency, and the 
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City of Monmouth will pay all required costs and expenses of 
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the conveyance, as determined by the Adjutant General.
 
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    Section 5-20.  The Adjutant General shall obtain a certified 
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copy of this Act from the Secretary of State within 60 days 
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after its effective date and, upon conveyance of the real 
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estate described in Section 5-10 being made, shall cause the 
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certified copy of this Act to be recorded in the office of the 
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recorder of Warren County, Illinois.
 
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ARTICLE 10.  CONVEYANCE TO CITY OF GALESBURG

 
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    Section 10-5. The Adjutant General, on behalf of the State 
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of Illinois and the Department of Military Affairs, is 
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authorized to convey by Quitclaim Deed all right, title, and 
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interest of the State of Illinois and the Department of 
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Military Affairs in and to the real estate described in Section 
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10-10 to the City of Galesburg, subject to the conditions and 
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restrictions described in Section 10-15.
 
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    Section 10-10. The Adjutant General is authorized to convey 
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the following described real property:
 


 


 






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Parcel 1:
   
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Thirty-two (32) feet off of the entire North side of Sublot 
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Eight (8), in a subdivision of original Lots Seven (7) and 
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Eight (8) of Block Eleven (11), in the City of Galesburg, as 
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shown by a plat recorded on page 36 in volume 78 of Knox County 
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Deed Records; and otherwise described as the North 32 feet of 
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the West one-half of original Lot 7 of Block 11, in the City of 
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Galesburg.
 

          
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Parcel 2:
   
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Thirty-two (32) feet off of the entire North side of Sublot 
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Seven (7) in a subdivision of original Lots Seven (7) and Eight 
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(8) of Block Eleven (11), in the City of Galesburg, as shown by 
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a plat recorded on page 36 in volume 78 of Knox County Deed 
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Records; and otherwise described as the North 32 feet of the 
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East one-half of original Lot 7 of Block 11, in the City of 
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Galesburg.

          
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Parcel 3:
   
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Sublots Fifteen (15) and Sixteen (16) in the subdivision of the 
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South six (6) feet of Lot Three (3), and all of Lots Four (4), 
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Five (5) and Six (6) in original Block Eleven (11) in the City 
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of Galesburg, as shown by Commissioners Plat in volume 28 
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Chancery Records, page 410, Knox County Records.
 
 


 






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    Section 10-15. The Adjutant General shall not convey the 
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above real property to the City of Galesburg until the Adjutant 
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General determines that the property is no longer required for 
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military purposes.  In this regard, construction of the new 
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Readiness Center in Galesburg must be completed, and all 
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military units with associated equipment must have been 
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transferred from the armory property described in Section 10-10 
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to the new Readiness Center in Galesburg.  Conveyance of the 
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above real property will be in an "as is" condition, and the 
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City of Galesburg will pay all required costs and expenses of 
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the conveyance, as determined by the Adjutant General.
 
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    Section 10-20. The Adjutant General shall obtain a 
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certified copy of this Act from the Secretary of State within 
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60 days after its effective date and, upon conveyance of the 
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real estate described in Section 10-10 being made, shall cause 
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the certified copy of this Act to be recorded in the office of 
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the recorder of Knox County, Illinois.
 
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ARTICLE 15.  MUNICIPAL CODE; ANNEXATION AGREEMENTS


 
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    Section 15-5. If and only if House Bill 3597 of the 95th 
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General Assembly becomes law, then the Illinois Municipal Code 
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is amended  by changing Section 11-15.1-2.1 as follows:
 



 


 






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    (65 ILCS 5/11-15.1-2.1)  (from Ch. 24, par. 11-15.1-2.1)



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    Sec. 11-15.1-2.1. Annexation agreement; municipal 
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jurisdiction. 

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    (a) Except as provided in subsections (b) and (c), property 
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that is the subject of an annexation agreement adopted
under 
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this Division is subject to the ordinances, control, and 
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jurisdiction
of the annexing municipality in all respects the 
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same as property that lies
within the annexing municipality's 
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corporate limits.

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    (b) This Section shall not apply in (i) a county with a 
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population of more
than 3,000,000, (ii) a county that borders a 
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county with a population of
more than 3,000,000
or (iii) a 
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county with a population of more than
246,000 according to the 
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1990 federal census and bordered by the Mississippi
River,

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unless the parties to the annexation agreement have, at the

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time the agreement is signed, ownership or control of all 
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property
that would make the property that is the subject of 
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the agreement contiguous
to the annexing municipality, in which 
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case the property that is the subject of
the annexation 
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agreement is subject to the ordinances, control, and

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jurisdiction of the municipality in all respects the same as 
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property owned by
the municipality that lies within its 
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corporate limits. Item (iii)  of this subsection (b) does not 
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apply to property that is the subject of an annexation 
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agreement entered into under this Division within one year 
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after the effective date of this amendatory Act of the 95th 
 


 






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General Assembly with a coterminous home rule municipality that 
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borders the Mississippi River as of June 1, 2007 in a county 
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with a population in excess of 258,000 (according to the 2000 
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federal census) if that agreement pertains to a contiguous 
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parcel with a total size not in excess of 120 acres.


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    (c) In the case of property that is located in Boone, 
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DeKalb, Grundy, Kankakee, Kendall, LaSalle, Ogle, or Winnebago 
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County, if the property that is the subject of an annexation 
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agreement is located within 1.5 miles of the corporate 
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boundaries of the municipality, that property is subject to the 
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ordinances, control, and jurisdiction of the annexing 
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municipality.  If the property is located more than 1.5 miles 
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from the corporate boundaries of the annexing municipality, 
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that property is subject to the ordinances, control, and 
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jurisdiction of the annexing municipality unless the county 
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board retains jurisdiction by the affirmative vote of 
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two-thirds of its members.

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    (d) If the county board retains jurisdiction under 
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subsection (c) of this Section, the annexing municipality may 
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file a request for jurisdiction with the county board on a  case 
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by case basis.  If the county board agrees by the affirmative 
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vote of a majority of its members, then the property covered by 
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the annexation agreement shall be subject to the ordinances, 
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control, and jurisdiction of the annexing municipality.

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(Source: P.A. 87-1137; 095HB3597enr.)

 
 


 






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ARTICLE 99.  EFFECTIVE DATE

 

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