HB2658 98TH GENERAL ASSEMBLY

LRB098 07939 HEP 38027 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2658

Introduced 2/21/2013, by Rep. Barbara Wheeler

SYNOPSIS AS INTRODUCED:

735 ILCS 30/25-5-45 new
735 ILCS 30/25-5-50 new

Amends the Eminent Domain Act. Provides that quick-take proceedings may be used for a period of no longer than one year from the effective date by McHenry County for the acquisition of described property for the purpose of public improvements to serve McHenry County. Provides that quick-take proceedings may be used for a period of no longer than one year from the effective date by Madison County for the acquisition of described property for the purpose of public improvements to County Highway 52 in Madison County. Effective immediately.

A BILL FOR

AN ACT concerning civil law.

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

Section 5. The Eminent Domain Act is amended by adding Sections 25-5-45 and 25-5-50 as follows:

(735 ILCS 30/25-5-45 new)

Sec. 25-5-45. Quick-take; McHenry County. Quick-take proceedings under Article 20 may be used for a period of no longer than one year from the effective date of this amendatory Act of the 98th General Assembly by McHenry County for the acquisition of the following described property for the purpose of public improvements to serve McHenry County: Route: F.A.U. 168 (Johnsburg Road) Section: 05-00314-00-WR County: McHenry Job No.: R-91-005-06 Parcel: 1HK0045 Sta. 58+07.09 To Sta. 58+31.89 Sta. 176+10.72 To Sta. 177+36.15 Owner: JNL-Johnsburg Properties, Inc. Index No. 09-13-277-001 09-13-277-002

That part of Sub Lot 2 of Lot 28 in Plat Number 3 McHenry, County Clerk's Plat of Section 13, Township 45 North, Range 8 East of the Third Principal Meridian, according to the plat thereof recorded May 6, 1902 as document number 14079, in McHenry County, Illinois, described as follows:

Commencing at the southeast corner of the Northeast Quarter of said Section 13; thence on an assumed bearing of South 89 degrees 15 minutes 13 seconds West along the south line of the Northeast Quarter of said Section 13, as monumented and occupied, a distance of 824.94 feet (825.2 feet, recorded) (826.0 feet, recorded) to a point of intersection with the Southerly extension of the east line of the grantor; thence North 1 degree 20 minutes 53 seconds East along the said Southerly extension of the east line of the grantor, a distance of 132.49 feet to the northeasterly right of way line of Chapel Hill Road recorded January 26, 1932 as document number 100422, being also the southeast corner of the grantor; thence North 46 degrees 56 minutes 58 seconds West along the said northeasterly right of way line of Chapel Hill Road and along the northeasterly right of way line of Chapel Hill Road recorded January 26, 1932 as document number 100421, a distance of 261.08 feet to the point of beginning; thence continuing North 46 degrees 56 minutes 58 seconds West along the northeasterly right of way line of Chapel Hill Road recorded as document number 100421, a distance of 14.94 feet to the east right of way line of Chapel Hill Road recorded January 26, 1932 as document number 100420; thence North 2 degrees 09 minutes 50 seconds East along the said east right of way line of Chapel Hill Road and the Northerly extension thereof, a distance of 64.92 feet (64.91 feet, more or less, recorded) to the center line of Johnsburg Road; thence North 87 degrees 42 minutes 53 seconds East along the said center line of Johnsburg Road, a distance of 123.08 feet; thence South 2 degrees 17 minutes 07 seconds East, a distance of 30.00 feet to the south right of way line of Johnsburg Road according to a Plat of Survey by the County Surveyor dated October 21, 1952 in Surveyor Book Number 5, page 204; thence South 2 degrees 48 minutes 02 seconds East, a distance of 1.05 feet; thence westerly 59.83 feet along a curve to the left having a radius of 987.47 feet, the chord of said curve bears South 85 degrees 27 minutes 49 seconds West, 59.82 feet; thence South 70 degrees 14 minutes 11 seconds West, a distance of 47.08 feet; thence South 22 degrees 40 minutes 19 seconds West, a distance of 30.69 feet to the point of beginning.

Said parcel containing 0.117 acre, more or less, of which 0.086 acre, more or less, was previously dedicated or used for highway purposes.

(735 ILCS 30/25-5-50 new)

Sec. 25-5-50. Quick-take; Madison County. Quick-take proceedings under Article 20 may be used for a period of no longer than one year from the effective date of this amendatory Act of the 98th General Assembly by Madison County for the acquisition of the following described property for the purpose of public improvements to County Highway 52 in Madison County: PPN 24-1-01-24-00-000-001

A strip of land 50 feet wide located in the Northeast Quarter of the Northwest Quarter of Section 24, Township 6 North, Range 10 West of the Third Principal Meridian, in the Village of Godfrey, Madison County, Illinois, as shown on Exhibit "A" attached hereto and more fully described as follows:

Commencing at the northwest corner of the Northeast Quarter of the Northwest Quarter of said Section 24; thence easterly along the north line of said Section 24 for a distance of 696.49 feet; thence southerly at right angles for a distance of 45 feet to the Point of Beginning of the tract of land described herein; thence continuing southerly along the previous course for a distance of 50 feet; thence easterly at right angles along a line parallel to and 95 feet south of the north line of said Section 24 for a distance of 50 feet; thence northerly at right angles for a distance of 50 feet; thence westerly at right angles along a line parallel to and 45 feet south of the north line of said Section 24 for a distance of 50 feet to the Point of Beginning, containing 2,500 square feet.

PPN 24-1-01-24-00-000-001

A strip of land 40 feet wide located in the Northeast Quarter of the Northwest Quarter of Section 24, Township 6 North, Range 10 West of the Third Principal Meridian, in the Village of Godfrey, Madison County, Illinois, as shown on Exhibit "A" attached hereto and more fully described as follows:

Commencing at the northwest corner of the Northeast Quarter of the Northwest Quarter of said Section 24; thence easterly along the north line of said Section 24 for a distance of 412.5 feet to the northwest corner of a tract of land conveyed to Thomas K. Hutchinson by deed recorded in Book 3076, Page 1922 in the Recorder's Office of Madison County, Illinois, which is the Point of Beginning of the tract of land described herein; thence continuing easterly along the north line of said Section 24 for a distance of 556.65 feet to the northeast corner of said Hutchinson tract, which is located 412.5 feet west of the northeast corner of the Northeast Quarter of the Northwest Quarter of said Section 24; thence southerly along the east line of said Hutchinson tract, which is parallel to the east line of said quarter-quarter section, for a distance of 40.03 feet; thence westerly along a line parallel to and 40 feet south of the north line of said Section 24 for a distance of 556.04 feet to the west line of said Hutchinson tract; thence northerly along said west line, which is parallel to the west line of said quarter-quarter section, for a distance of 40.01 feet to the northwest corner of said Hutchinson tract and the Point of Beginning, containing 22,254 square feet.

PPN 24-1-01-24-00-000-001

A strip of land 5 feet wide located in the Northeast Quarter of the Northwest Quarter of Section 24, Township 6 North, Range 10 West of the Third Principal Meridian, in the Village of Godfrey, Madison County, Illinois, as shown on Exhibit "A" attached hereto and more fully described as follows:

Commencing at the northwest corner of the Northeast Quarter of the Northwest Quarter of said Section 24; thence easterly along the north line of said Section 24 for a distance of 596.49 feet; thence southerly at right angles for a distance of 40 feet to the Point of Beginning of the tract of land described herein; thence continuing southerly along the previous course for a distance of 5 feet; thence easterly at right angles along a line parallel to and 45 feet south of the north line of said Section 24 for a distance of 200 feet; thence northerly at right angles for a distance of 5 feet; thence westerly at right angles along a line parallel to and 40 feet south of the north line of said Section 24 for a distance of 200 feet to the Point of Beginning, containing 1,000 square feet.

PPN 24-1-01-24-00-000-001.001

A strip of land located in the Northeast Quarter of the Northwest Quarter of Section 24, Township 6 North, Range 10 West of the Third Principal Meridian, in the Village of Godfrey, Madison County, Illinois, as shown on Exhibit "A" attached hereto and more fully described as follows:

Beginning at the northwest corner of the Northeast Quarter of the Northwest Quarter of said Section 24; thence easterly along the north line of said Section 24 for a distance of 412.5 feet to the northeast corner of a tract of land conveyed to Mark E. Springman by deed recorded in Book 4065, Page 1952 in the Recorder's Office of Madison County, Illinois; thence southerly along the east line of said Springman tract, which is parallel to the west line of said quarter-quarter section for a distance of 40.01 feet; thence westerly along a line parallel to and 40 feet south of the north line of said Section 24 for a distance of 115.20 feet; thence southerly at right angles for a distance of 10 feet; thence westerly at right angles along a line parallel to and 50 feet south of the north line of said Section 24 for a distance of 100.00 feet; thence northerly at right angles for a distance of 10 feet; thence westerly at right angles along a line parallel to and 40 feet south of the north line of said Section 24 for a distance of 197.28 feet to the west line of the Northeast Quarter of the Northwest Quarter of said Section 24; thence northerly along said west line for a distance of 40.01 feet to the northwest corner of the Northeast Quarter of the Northwest Quarter of said Section 24 and the Point of Beginning, containing 17,500 square feet.

PPN 24-1-01-24-00-000-001.001

Two strips of land each 10 feet wide located in the Northeast Quarter of the Northwest Quarter of Section 24, Township 6 North, Range 10 West of the Third Principal Meridian, in the Village of Godfrey, Madison County, Illinois, as shown on Exhibit "A" attached hereto and more fully described as follows:

Parcel 1

Commencing at the northwest corner of the Northeast Quarter of the Northwest Quarter of said Section 24; thence easterly along the north line of said Section 24 for a distance of 146.49 feet; thence southerly at right angles for a distance of 40 feet to the Point of Beginning of the tract of land described herein; thence continuing southerly along the previous course for a distance of 10 feet; thence easterly at right angles along a line parallel to and 50 feet south of the north line of said Section 24 for a distance of 50 feet; thence northerly at right angles for a distance of 10 feet; thence westerly at right angles along a line parallel to and 40 feet south of the north line of said Section 24 for a distance of 50 feet to the Point of Beginning, containing 500 square feet.

Parcel 2

Commencing at the northwest corner of the Northeast Quarter of the Northwest Quarter of said Section 24; thence easterly along the north line of said Section 24 for a distance of 296.49 feet; thence southerly at right angles for a distance of 40 feet to the Point of Beginning of the tract of land described herein; thence continuing southerly along the previous course for a distance of 10 feet; thence easterly at right angles along a line parallel to and 50 feet south of the north line of said Section 24 for a distance of 115.00 feet to the east line of a tract of land conveyed to Mark E. Springman by deed recorded in Book 4065, Page 1952 in the Recorder's Office of Madison County, Illinois; thence northerly along the east line of said Springman tract, which is parallel to the west line of said quarter-quarter section, for a distance of 10.00 feet; thence westerly along a line parallel to and 40 feet south of the north line of said Section 24 for a distance of 115.20 feet to the Point of Beginning, containing 1,151 square feet.

PPN 24-1-01-24-00-000-001.001

A strip of land located in the Northeast Quarter of the Northwest Quarter of Section 24, Township 6 North, Range 10 West of the Third Principal Meridian, in the Village of Godfrey, Madison County, Illinois, as shown on Exhibit "A" attached hereto and more fully described as follows:

Commencing at the northwest corner of the Northeast Quarter of the Northwest Quarter of said Section 24; thence easterly along the north line of said Section 24 for a distance of 285.99 feet; thence southerly at right angles for a distance of 50 feet to the Point of Beginning of the tract of land described herein; thence deflecting to the right at an angle of 9 degrees 38 minutes 48 seconds for a distance of 20.87 feet; thence northwesterly at right angles for a distance of 22.00 feet; thence northeasterly at right angles for a distance of 17.13 feet to a point located 50 feet south of the north line of said Section 24; thence easterly along a line parallel to and 50 feet south of the north line of said Section 24 for a distance of 22.32 feet to the Point of Beginning, containing 418 square feet.

PPN 24-1-01-24-00-000-001.002

A strip of land 15 feet wide located in the Northeast Quarter of the Northwest Quarter of Section 24, Township 6 North, Range 10 West of the Third Principal Meridian, in the Village of Godfrey, Madison County, Illinois, as shown on Exhibit "A" attached hereto and more fully described as follows:

Commencing at the northeast corner of the Northeast Quarter of the Northwest Quarter of said Section 24; thence westerly along the north line of said Section 24 for a distance of 285.16 feet; thence southerly at right angles for a distance of 50 feet to the Point of Beginning of the tract of land described herein; thence continuing southerly along the previous course for a distance of 15 feet; thence easterly at right angles along a line parallel to and 65 feet south of the north line of said Section 24 for a distance of 40 feet; thence northerly at right angles for a distance of 15 feet; thence westerly at right angles along a line parallel to and 50 feet south of the north line of said Section 24 for a distance of 40 feet to the Point of Beginning, containing 600 square feet.

PPN 24-1-01-24-00-000-001.002

A strip of land 10 feet wide located in the Northeast Quarter of the Northwest Quarter of Section 24, Township 6 North, Range 10 West of the Third Principal Meridian, in the Village of Godfrey, Madison County, Illinois, as shown on Exhibit "A" attached hereto and more fully described as follows:

Commencing at the northeast corner of the Northeast Quarter of the Northwest Quarter of said Section 24; thence westerly along the north line of said Section 24 for a distance of 412.5 feet to the northwest corner of a tract of land conveyed to Carolyn D. Schmidt by deed recorded in Book 4236, Page 793 in the Recorder's Office of Madison County, Illinois; thence southerly along said west line, which is parallel to the east line of said quarter-quarter section, for a distance of 40.03 feet to the Point of Beginning of the tract of land described herein; thence continuing southerly along said west line for a distance of 10.01 feet; thence easterly along a line parallel to and 50 feet south of the north line of said Section 24 for a distance of 129.12 feet; thence northerly at right angles for a distance of 10 feet; thence westerly at right angles along a line parallel to and 40 feet south of the north line of said Section 24 for a distance of 128.76 feet to the Point of Beginning, containing 1,290 square feet.

PPN 24-1-01-24-00-000-001.002

A strip of land located in the Northeast Quarter of the Northwest Quarter of Section 24, Township 6 North, Range 10 West of the Third Principal Meridian, in the Village of Godfrey, Madison County, Illinois, as shown on Exhibit "A" attached hereto and more fully described as follows:

Beginning at the northeast corner of the Northeast Quarter of the Northwest Quarter of said Section 24; thence westerly along the north line of said Section 24 for a distance of 412.5 feet to the northwest corner of a tract of land conveyed to Carolyn D. Schmidt by deed recorded in Book 4236, Page 793 in the Recorder's Office of Madison County, Illinois; thence southerly along the west line of said Schmidt tract, which is parallel to the east line of said quarter-quarter section for a distance of 40.03 feet; thence easterly along a line parallel to and 40 feet south of the north line of said Section 24 for a distance of 128.76 feet; thence southerly at right angles for a distance of 10 feet; thence easterly at right angles along a line parallel to and 50 feet south of the north line of said Section 24 for a distance of 250.00 feet; thence northerly at right angles for a distance of 10 feet; thence easterly at right angles along a line parallel to and 40 feet south of the north line of said Section 24 for a distance of 33.74 feet to the east line of the Northeast Quarter of the Northwest Quarter of said Section 24; thence northerly along said east line for a distance of 40.03 feet to the northeast corner of the Northeast Quarter of the Northwest Quarter of said Section 24 and the Point of Beginning, containing 19,000 square feet.

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