HB4075 Engrossed

LRB096 04448 AJO 22486 b






1
    AN ACT concerning property.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:



 
4
    Section 5. Arcola conveyance. The Director of the 
5
Department of Natural Resources, on behalf of the State of 
6
Illinois, shall, pursuant to the conditions stated in Section 
7
50,  execute and deliver to the City of Arcola, an Illinois Unit 
8
of Local Government, of the County of Douglas, State of 
9
Illinois, for and in consideration of One Dollar ($1.00) paid 
10
to said Department, a quit claim deed to the following 
11
described real property, to wit:
 
12
        All that part of the following described property lying 
13
    between Locust Street and Collins Street in the City of 
14
    Arcola, and all that part of the following described 
15
    property running from Jacques Street, in the City of 
16
    Arcola, in an easterly direction approximately two (2) 
17
    miles, to wit:
 
18
        All those certain pieces or parcels of land and 
19
    premises, easements, rights-of-way and any other rights of 
20
    any kind whatsoever appurtenant thereto or used in 
21
    conjunction therewith on and along that portion of the 
22
    former Peoria Secondary Track of the Penn Central 
 


 






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1
    Corporation, as granted to The People of the State of 
2
    Illinois, Department of Conservation, by Quit Claim Deed 
3
    dated September 20, 1991, recorded in the Moultrie County 
4
    Recorder's Office as document #228680, recorded in the 
5
    Douglas County Recorder's Office in Deed Book 221 at Page 
6
    238, and recorded in the Coles County Recorder's Office in 
7
    Volume 771 at Page 209;
 
8
        EXCEPT that part thereof required by the Illinois 
9
    Department of Transportation for the future widening of 
10
    Interstate 57.

 
11
    Section 10. Arthur conveyance. The Director of the 
12
Department of Natural Resources, on behalf of the State of 
13
Illinois, shall, pursuant to the conditions stated in Section 
14
50, execute and deliver to the Village of Arthur, an Illinois 
15
Unit of Local Government, of the Counties of Douglas and 
16
Moultrie, for and in consideration of One Dollar ($1.00) paid 
17
to said Department, a quit claim deed to the following 
18
described real property, to wit:
 
19
        All that part of the following described property lying 
20
    westerly of the East line of the Northwest Quarter (NW 1/4) 
21
    of Section 30, Township 15 North, Range 7 East of the Third 
22
    Principal Meridian, Douglas County, Illinois, as extended 
23
    across the former right-of-way of the abandoned Penn 
 


 






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1
    Central Railroad, and easterly of the West right of way 
2
    line of Glasgow Street in the Village of Arthur, Moultrie 
3
    County, Illinois, as extended across said railroad 
4
    right-of-way, to wit:
 
5
        Part of Section 25 Township 15 North, Range 6 East of 
6
    the Third Principal Meridian, Moultrie County, Illinois 
7
    and part of Section 30, Township 15 North, Range 7 East of 
8
    the Third Principal Meridian, Douglas County, Illinois, 
9
    being all those certain pieces or parcels of land and 
10
    premises, easements, rights-of-way and any other rights of 
11
    any kind whatsoever appurtenant thereto or used in 
12
    conjunction therewith on and along that portion of the 
13
    former Peoria Secondary Track of the Penn Central 
14
    Corporation, lying within said Sections 25 and 30, as 
15
    granted to The People of the State of Illinois, Department 
16
    of Conservation, by Quit Claim Deed dated September 20, 
17
    1991, recorded in the Moultrie County Recorder's Office as 
18
    document #228680, recorded in the Douglas County 
19
    Recorder's Office in Deed Book 221 at Page 238, and 
20
    recorded in the Coles County Recorder's Office in Volume 
21
    771 at Page 209.

 
22
    Section 15. Hindsboro conveyance. The Director of the 
23
Department of Natural Resources, on behalf of the State of 
24
Illinois, shall, pursuant to the conditions stated in Section 
 


 






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1
50, execute and deliver to the Village of Hindsboro, an 
2
Illinois Unit of Local Government, of the County of Douglas, 
3
State of Illinois, for and in consideration of One Dollar 
4
($1.00) paid to said Department, a quit claim deed to the 
5
following described real property, to wit:
 
6
        All that part of the following described property lying 
7
    within the limits of the Village of Hindsboro, to wit:
 
8
        All those certain pieces or parcels of land and 
9
    premises, easements, rights-of-way and any other rights of 
10
    any kind whatsoever appurtenant thereto or used in 
11
    conjunction therewith on and along that portion of the 
12
    former Peoria Secondary Track of the Penn Central 
13
    Corporation, as granted to The People of the State of 
14
    Illinois, Department of Conservation, by Quit Claim Deed 
15
    dated September 20, 1991, recorded in the Moultrie County 
16
    Recorder's Office as document #228680, recorded in the 
17
    Douglas County Recorder's Office in Deed Book 221 at Page 
18
    238, and recorded in the Coles County Recorder's Office in 
19
    Volume 771 at Page 209.

 
20
    Section 20. Lovington conveyance. The Director of the 
21
Department of Natural Resources, on behalf of the State of 
22
Illinois, shall, pursuant to the conditions stated in Section 
23
50, execute and deliver to the Village of Lovington, an 
 


 






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1
Illinois Unit of Local Government, of the County of Moultrie, 
2
State of Illinois, for and in consideration of One Dollar 
3
($1.00) paid to said Department, a quit claim deed to the 
4
following described real property, to wit:
 
5
        All that part of the following described property 
6
    running from the Illinois Route 32 river bridge, eastward 
7
    through Lovington and to the East line of Lovington 
8
    Township, to wit:
9
        All those certain pieces or parcels of land and 
10
    premises, easements, rights-of-way and any other rights of 
11
    any kind whatsoever appurtenant thereto or used in 
12
    conjunction therewith on and along that portion of the 
13
    former Peoria Secondary Track of the Penn Central 
14
    Corporation, as granted to The People of the State of 
15
    Illinois, Department of Conservation, by Quit Claim Deed 
16
    dated September 20, 1991, recorded in the Moultrie County 
17
    Recorder's Office as document #228680, recorded in the 
18
    Douglas County Recorder's Office in Deed Book 221 at Page 
19
    238, and recorded in the Coles County Recorder's Office in 
20
    Volume 771 at Page 209.

 
21
    Section 25. Lovington Township conveyance. The Director of 
22
the Department of Natural Resources, on behalf of the State of 
23
Illinois, shall, pursuant to the conditions stated in Section 
24
50, execute and deliver to Lovington Township, an Illinois Unit 
 


 






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1
of Local Government, of the County of Moultrie, State of 
2
Illinois, for and in consideration of One Dollar ($1.00) paid 
3
to said Department, a quit claim deed to the following 
4
described real property, to wit:
5
        All that part of the following described property 
6
    running from Washington Street to Broadway Street in the 
7
    Village of Lovington, and all that part of the following 
8
    described property running from County Road 700 East, 
9
    eastwardly approximately 600 feet, to wit:
10
        All those certain pieces or parcels of land and 
11
    premises, easements, rights-of-way and any other rights of 
12
    any kind whatsoever appurtenant thereto or used in 
13
    conjunction therewith on and along that portion of the 
14
    former Peoria Secondary Track of the Penn Central 
15
    Corporation, as granted to The People of the State of 
16
    Illinois, Department of Conservation, by Quit Claim Deed 
17
    dated September 20, 1991, recorded in the Moultrie County 
18
    Recorder's Office as document #228680, recorded in the 
19
    Douglas County Recorder's Office in Deed Book 221 at Page 
20
    238, and recorded in the Coles County Recorder's Office in 
21
    Volume 771 at Page 209.

 
22
    Section 30. East Oakland Township conveyance. The Director 
23
of the Department of Natural Resources, on behalf of the State 
24
of Illinois, shall, pursuant to the conditions stated in 
25
Section 50, execute and deliver to East Oakland Township, an 
 


 






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1
Illinois Unit of Local Government, of the County of Coles, 
2
State of Illinois, for and in consideration of One Dollar 
3
($1.00) paid to said Department, a quit claim deed to the 
4
following described real property, to wit:
 
5
        All that part of the following described property 
6
    running from Main Street in Oakland, westerly to County 
7
    Road 2300 East, to wit:
 
8
        All those certain pieces or parcels of land and 
9
    premises, easements, rights-of-way and any other rights of 
10
    any kind whatsoever appurtenant thereto or used in 
11
    conjunction therewith on and along that portion of the 
12
    former Peoria Secondary Track of the Penn Central 
13
    Corporation, as granted to The People of the State of 
14
    Illinois, Department of Conservation, by Quit Claim Deed 
15
    dated September 20, 1991, recorded in the Moultrie County 
16
    Recorder's Office as document #228680, recorded in the 
17
    Douglas County Recorder's Office in Deed Book 221 at Page 
18
    238, and recorded in the Coles County Recorder's Office in 
19
    Volume 771 at Page 209.

 
20
    Section 35. Bourbon Township conveyance.  The Director of 
21
the Department of Natural Resources, on behalf of the State of 
22
Illinois, shall, pursuant to the conditions stated in Section 
23
50, execute and deliver to Bourbon Township, an Illinois Unit 
 


 






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1
of Local Government, of the County of Douglas, State of 
2
Illinois, for and in consideration of One Dollar ($1.00) paid 
3
to said Department, a quit claim deed to the following 
4
described real property, to wit:
5
        All that part of the following described property 
6
    located within the limits of Bourbon Township, to wit:
7
        All those certain pieces or parcels of land and 
8
    premises, easements, rights-of-way and any other rights of 
9
    any kind whatsoever appurtenant thereto or used in 
10
    conjunction therewith on and along that portion of the 
11
    former Peoria Secondary Track of the Penn Central 
12
    Corporation, as granted to The People of the State of 
13
    Illinois, Department of Conservation, by Quit Claim Deed 
14
    dated September 20, 1991, recorded in the Moultrie County 
15
    Recorder's Office as document #228680, recorded in the 
16
    Douglas County Recorder's Office in Deed Book 221 at Page 
17
    238, and recorded in the Coles County Recorder's Office in 
18
    Volume 771 at Page 209.

 
19
        ALSO,
 
20
        That tract or parcel of land previously conveyed from 
21
    Lorenzo S. Stewart and his wife to the People of the State 
22
    of Illinois, Department of Conservation, by Warranty Deed 
23
    recorded in the Recorder's Office of Douglas County, 
24
    Illinois, on March 12, 1992, in Book 223 of Deeds at page 
 


 






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1
    135, as Document No. 188627, said tract or parcel being 
2
    described as follows:
3
        That portion of the Penn Central Corporations's Peoria 
4
    Secondary Line of Railroad (now abandoned) lying between 
5
    the centerline of Bourbon Road (Station No. 3093 + 20) and 
6
    the East line of Section 35, Township 15 North, Range 7 
7
    East of the Third Principal Meridian (Station No. 3079 + 
8
    75), containing 3.86 acres, more or less, and being a part 
9
    of the Southeast Quarter of said Section 35.
 
10
        ALSO,
 
11
        That permanent irrevocable easement previously 
12
    conveyed from OKAW Buildings, Inc., an Illinois 
13
    Corporation, to the People of the State of Illinois, 
14
    Department of Conservation, by Deed Granting Easement 
15
    recorded October 24, 1994, in the Recorder's Office of 
16
    Douglas County, Illinois, in Book 346 of Records at page 
17
    346, as Document No. 198983, over, under, upon and along 
18
    the following described real estate for the purpose of 
19
    constructing, maintaining, repairing and operating the 
20
    Prairie Wind State Trail, to wit:
21
        GENERAL DESCRIPTION: The Easterly 75 feet, and the 
22
    Northerly 20 feet of the following described tract of land:
23
        All that parcel of land situate in the Township of 
24
    Bourbon, County of Douglas, State of Illinois, being part 
 


 






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1
    of the Southeast Quarter of the Northwest Quarter of 
2
    Section 35, Township 15 North, Range 7 East of the Third 
3
    Principal Meridian, and being all of the right, title and 
4
    interest of the Grantor herein and to all those certain 
5
    pieces or parcels of land and premises, easements, 
6
    right-of-way and any other rights of any kind whatsoever 
7
    appurtenant to or used in conjunction therewith on and 
8
    along that portion of the former Peoria Secondary of the 
9
    Penn Central Corporation, described as follows: Beginning 
10
    at the West line of said Southeast Quarter of the Northwest 
11
    Quarter of Section 35 as extended across the right-of-way 
12
    of said Peoria Secondary through a point in the centerline 
13
    thereof at Railroad Valuation Station 3119+55, the same 
14
    being within the limits of East Street; thence extending in 
15
    a Southeasterly direction along the centerline of said 
16
    railroad a distance of 777 feet, more or less, to a line 
17
    coincident with the Easterly face of the backwall for 
18
    Bridge No. 58/86 as extended across the right-of-way of 
19
    said Peoria Secondary through a point in the centerline 
20
    thereof at Railroad Valuation Station 3111+80, the same 
21
    being the place of ending, situated in the County of 
22
    Douglas, in the State of Illinois;
23
        DETAIL DESCRIPTION: Part of the Southeast Quarter of 
24
    the Northwest Quarter of Section 35, Township 15 North, 
25
    Range 7 East of the Third Principal Meridian, more 
26
    particularly described as follows:
 


 






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1
        Commencing at the Northwest corner of Lot 9, Rork's 
2
    Subdivision, Chesterville, Illinois; thence South 74 
3
    degrees 20 minutes 00 seconds East (an assumed bearing) on 
4
    the Southerly right-of-way line of the former Peoria 
5
    Secondary of the Penn Central Corporation, 520.52 feet to a 
6
    point on the West line of the Southeast Quarter of the 
7
    Northwest Quarter of said Section 35; thence North 00 
8
    degrees 00 minutes 00 seconds East on the West line of said 
9
    Southeast Quarter of the Northwest Quarter, 31.24 feet to 
10
    the Point of Beginning; thence from said Point of 
11
    Beginning, North 00 degrees 00 minutes 00 seconds East on 
12
    the West line of said Southeast Quarter of the Northwest 
13
    Quarter, 20.68 feet to a point on the Northerly 
14
    right-of-way line of the former Peoria Secondary of the 
15
    Penn Central Corporation; thence South 74 degrees 20 
16
    minutes 00 seconds East on said Northerly right-of-way 
17
    line, 758.47 feet to a point; thence South 15 degrees 40 
18
    minutes 00 seconds West, 50.00 feet to a point on the 
19
    Southerly right-of-way line of the former Peoria Secondary 
20
    of the Penn Central Corporation; thence North 74 degrees 20 
21
    minutes 00 seconds West on said Southerly right-of-way 
22
    line, 75.00 feet to a point; thence North 15 degrees 40 
23
    minutes 00 seconds East, 30.00 feet to a point; thence 
24
    North 74 degrees 20 minutes 00 seconds West, 677.88 feet to 
25
    the Point of Beginning, containing 0.40 acres, more or 
26
    less, all situated in the County of Douglas, in the State 
 


 






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1
    of Illinois.
 
2
        ALSO,
 
3
        Three (3) Tracts of land previously conveyed from 
4
    Robert D. Stewart and wife to the People of the State of 
5
    Illinois, Department of Conservation, by Warranty Deed 
6
    recorded in the Recorder's Office of Douglas County, 
7
    Illinois, on March 8, 1993, in Book 287 of Records at page 
8
    242, as Document 192675, said Tracts being described as 
9
    follows:


10
        Tract I:


11
        All that strip or parcel of land, 100 feet wide, 
12
    situate in the Township of Bourbon, County of Douglas, 
13
    State of Illinois, being part of the Northeast Quarter and 
14
    part of the Northwest Quarter of Section 34, Township 15 
15
    North, Range 7 East of the Third Principal Meridian and 
16
    being that portion of the former Peoria Secondary of the 
17
    Penn Central Corporation further bounded and described 
18
    according to a plan of survey made by W. Justin Grady, 
19
    Registered Land Surveyor No. 2259, dated November 6, 1990, 
20
    as follows: Beginning at the intersection of the South 
21
    Right of Way Line of said Peoria Secondary with the East 
22
    Line of said Section 34; thence Northwesterly along said 
23
    South Right of Way Line on an Azimuth of 285 degrees 03 
24
    minutes, a distance of 3,402.62 feet; thence North crossing 
 


 






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1
    said property to the North Right of Way Line of said Peoria 
2
    Secondary along a line on an Azimuth of 0 degrees 00 
3
    minutes, a distance of 103.60 feet; thence Southeasterly 
4
    along said North Right of way Line on an Azimuth of 105 
5
    degrees 03 minutes, a distance of 3,402.62 feet; thence 
6
    South along the East Line of said Section 34 on an Azimuth 
7
    of 180 degrees 00 minutes, a distance of 103.60 feet to the 
8
    point of beginning.


9
        Tract II:


10
        All that parcel of land situate in the Village of 
11
    Chesterville, County of Douglas, State of Illinois, being 
12
    part of the Southwest Quarter of the Northwest Quarter of 
13
    Section 35, Township 15 North, Range 7 East of the Third 
14
    Principal Meridian and being all of the right, title and 
15
    interest of the Grantor herein and to all those certain 
16
    pieces of parcels of land and premises, easements, rights 
17
    of way and any other rights of any kind whatsoever 
18
    appurtenant thereto or used in conjunction therewith on and 
19
    along that portion of the former Peoria Secondary Track of 
20
    the Penn Central Corporation, described as follows: 
21
    Beginning at the West line of said Section 35 as extended 
22
    across the right of way of said Peoria Secondary through a 
23
    point in the centerline thereof at Railroad Valuation 
24
    Station 3133+10, more or less, thence extending in a 
25
    Southeasterly direction along the centerline of said 
26
    railroad a distance of 790 feet, more or less, to the 
 


 






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1
    centerline of the first north/south thru street as extended 
2
    across the right of way of said Peoria Secondary through a 
3
    point in the centerline thereof at Railroad Valuation 
4
    Station 3125+20, the place of ending.


5
        Tract III:


6
        Lot 13 of original town of Chesterville, Douglas 
7
    County, Illinois.

 
8
    Section 40. City of Oakland conveyance. The Director of the 
9
Department of Natural Resources, on behalf of the State of 
10
Illinois, shall, pursuant to the conditions stated in Section 
11
50, execute and deliver to City of Oakland, an Illinois Unit of 
12
Local Government, of the County of Coles for and in 
13
consideration of One Dollar ($1.00) paid to said Department, a 
14
quit claim deed to the following described real property, to 
15
wit:
 
16
        All that part of the following described property 
17
    situated in Coles County, Illinois, to wit:
 
18
        All those certain pieces or parcels of land and 
19
    premises, easements, rights-of-way and any other rights of 
20
    any kind whatsoever appurtenant thereto or used in 
21
    conjunction therewith on and along that portion of the 
22
    former Peoria Secondary Track of the Penn Central 
23
    Corporation, as granted to The People of the State of 
 


 






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1
    Illinois, Department of Conservation, by Quit Claim Deed 
2
    dated September 20, 1991, recorded in the Moultrie County 
3
    Recorder's Office as document #228680, recorded in the 
4
    Douglas County Recorder's Office in Deed Book 221 at Page 
5
    238, and recorded in the Coles County Recorder's Office in 
6
    Volume 771 at Page 209.


 
7
    Section 45. Lowe Road District conveyance. The Director of 
8
the Department of Natural Resources, on behalf of the State of 
9
Illinois, shall, pursuant to the conditions stated in Section 
10
50, execute and deliver to Lowe Road District, an Illinois Unit 
11
of Local Government, of the County of Moultrie, State of 
12
Illinois, for and in consideration of One Dollar ($1.00) paid 
13
to said Department, a quit claim deed to the following 
14
described real property, to wit:
 
15
        Three (3) parcels in Lowe Township, one parcel starting 
16
    at the East side of Section 28 and running westerly 
17
    approximately 726 feet, another parcel running from one end 
18
    of Williamsburg to the other, and another parcel in Section 
19
    27 behind Effingham Equity Fertilizer Plant, said parcels 
20
    being parts of the following described property, to wit:
 
21
        All those certain pieces or parcels of land and 
22
    premises, easements, rights-of-way and any other rights of 
23
    any kind whatsoever appurtenant thereto or used in 
 


 






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1
    conjunction therewith on and along that portion of the 
2
    former Peoria Secondary Track of the Penn Central 
3
    Corporation, as granted to The People of the State of 
4
    Illinois, Department of Conservation, by Quit Claim Deed 
5
    dated September 20, 1991, recorded in the Moultrie County 
6
    Recorder's Office as document #228680, recorded in the 
7
    Douglas County Recorder's Office in Deed Book 221 at Page 
8
    238, and recorded in the Coles County Recorder's Office in 
9
    Volume 771 at Page 209.

 
10
    Section 50. Restrictions and conditions. 
11
    (a)  For a parcel of real property described in Section 5, 
12
10, 15, 20, 25, 30, 35, 40, or  45, that is not subject to any 
13
litigation, the entity designated to receive real property 
14
described in that Section shall within 30 days after the 
15
effective date of this Act  receive from the Department of 
16
Natural Resources a written notice of first refusal to receive 
17
that property and if the entity designated to receive real 
18
property described in that Section then gives written notice to 
19
the Director of the Department of Natural Resources that the 
20
entity  will accept the described real property as grantee  and 
21
will tender the consideration of $1.00, the conveyance of the 
22
parcel of real property shall be made pursuant to the 
23
applicable Section and Section 55 and subject to existing 
24
public utilities, existing public roads, and any and all 
25
reservations, easements, covenants and restrictions of record.
 


 






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1
    (b)  The conveyance of a parcel of real property authorized 
2
by Section 5, 10, 15, 20, 25, 30, 35, 40, or  45, shall be made 
3
as follows: if  the property described in the appropriate  
4
Section is included in whole or in part in a judgment in, or a 
5
settlement or other  resolution of litigation  that is favorable 
6
to the State of Illinois  or the Department of Natural 
7
Resources, as a party, concerning the property described in the 
8
respective Section of this Act in the case of: Ag Farms, Inc. 
9
v. American Premier Underwriters and the Illinois Department of 
10
Natural Resources (2002-MR-6) in Moultrie County; or Hemingway 
11
v. American Premier Underwriters the Illinois Department of 
12
Natural Resources (97-MR-5) in Douglas County, then  the entity 
13
designated to receive real property described in that Section 
14
shall receive, within 60 days after the conclusion of that 
15
litigation as to that parcel of property, from the Department 
16
of Natural Resources a written notice of first refusal to 
17
receive that property upon the conclusion, as to that parcel of 
18
property, of that litigation if the entity designated to 
19
receive real property described in that Section gives  written 
20
notice to the Director of the Department of Natural Resources 
21
that the entity  will accept the described real property as 
22
grantee and will tender the consideration of $1.00;  provided 
23
that the conveyance is made subject to existing public 
24
utilities, existing public roads, and any and all reservations, 
25
easements, encumbrances, covenants and restrictions of record.
26
    (c)  Notwithstanding other provisions of this Act, for each 
 


 






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1
Section, the parcel of real property described in that  Section 
2
shall not be conveyed so long as there is pending any 
3
litigation concerning the ownership of that parcel of property.
 
4
    Section 55. The Director of Natural Resources shall obtain 
5
a certified copy of the portions of this Act containing the 
6
title, the enacting clause, the restrictions and conditions on 
7
the property to be conveyed, the effective date, the 
8
appropriate Section containing the land description of the 
9
property to be conveyed, and this Section, within 60 days after 
10
the entity designated as the grantee of  the real property 
11
described in the appropriate  Section has delivered a written 
12
notice to the Director of Natural Resources that states that 
13
the entity  will accept the described property as grantee and 
14
will pay the consideration of $1.00 and, upon receipt of the 
15
payment required by the Section, shall record the certified 
16
document in the Recorder's Office in the County in which the 
17
land is located.
 

18
    Section 99. Effective date. This Act takes effect upon 
19
becoming law.