HB3120sam001 98TH GENERAL ASSEMBLY

Sen. John M. Sullivan

Filed: 4/26/2013

09800HB3120sam001 LRB098 11162 JLS 45094 a

AMENDMENT TO HOUSE BILL 3120

AMENDMENT NO. ______. Amend House Bill 3120 by replacing everything after the enacting clause with the following:

"Section 5. The Director of the Department of Natural Resources, on behalf of the State of Illinois, is authorized to exchange certain real property in Cass County, Illinois, hereinafter referred to as Parcel 1, for certain real property of equal or greater value in Cass County, Illinois, hereinafter referred to as Parcel 2, the Parcels being described as follows:

PARCEL 1:

All that part of the Southeast Quarter of the Southeast Quarter of Section 27, Township 19 North, Range 11 West of the Third Principal Meridian, Cass County, Illinois, lying South of the mean high water mark on the South bank of the new Sangamon River Cut or Channel, containing 15.0 acres, more or less.

ALSO,

All that part of the South Half of the Southwest Quarter of Section 26, Township 19 North, Range 11 West of the Third Principal Meridian, Cass County, Illinois, lying South of the mean high water mark on the South bank of the new Sangamon River Cut or Channel, containing 4.0 acres, more or less.

PARCEL 2:

Tract 1:

All that land lying North of the center line of the new Sangamon River Cut as presently located in the Southwest Quarter (SW1/4) of the Southeast Quarter (SE1/4) of Section Twenty-seven (27), Township Nineteen (19) North, Range Eleven (11) West of the Third Principal Meridian, Cass County, Illinois, containing 6.0 acres, more or less.

ALSO,

Tract 2:

All that land lying North of the center line of the new Sangamon River Cut as presently located in the South One-Half (S1/2) of the Northeast Quarter (NE1/4) of the Southwest One-Quarter (SW1/4) of Section Twenty-seven (27), Township Nineteen (19) North, Range Eleven (11) West of the Third Principal Meridian, Cass County, Illinois, containing 14.0 acres, more or less.

Section 10. This transaction will be to the mutual advantages of both parties. Each party shall be responsible for any and all title costs associated with their respective properties.

Section 15. The conveyance of Parcel 1 as authorized by Section 5 shall be made subject to existing public utilities, existing public roads, and any and all reservations, easements, encumbrances, covenants, and restrictions of record.

Section 20. The Director of the Department of Natural Resources shall obtain an opinion of title from the Attorney General certifying that the State of Illinois will receive merchantable title to the real property herein referred to as Parcel 2.

Section 25. The Director of the Department of Natural Resources, on behalf of the State of Illinois, is authorized to execute and deliver to Oquawka Township, an Illinois Unit of Local Government, of the County of Henderson, State of Illinois, for and in consideration of $1 paid to the Department, a quit claim deed to the following described real property:

The Ida E. Rust Parcel, being known as the Delabar State Park Entrance Road and being more particularly described as follows:

A strip of land 100 feet of even width, the South line of which is 1405.2 feet North 00 degrees 19 minutes East of the Southwest corner of said Section 11, where the West line of said Section 11 intersects the property line of Delabar State Park and extending Easterly for a distance of 2,640 feet, more or less, to the West right of way line of State Aid Route 3, in Section 11, Township 11 North, Range 5 West of the Fourth Principal Meridian in the County of Henderson, State of Illinois.

Section 30. The conveyance of real property authorized by Section 25 shall be made subject to: (1) existing public utilities and any and all reservations, easements, encumbrances, covenants and restrictions of record; and (2) the express condition that if the real property ceases to be used for public road purposes, it shall revert to the Department of Natural Resources of the State of Illinois.

Section 35. The Director of Natural Resources shall obtain a certified copy of the portions of this Act containing the title, the enacting clause, the effective date, the appropriate Section or Sections containing the land descriptions of the property to be conveyed, and this Section within 60 days after its effective date and, upon receipt of the payment required by the Section or Sections, if any payment is required, shall record the certified document in the Recorder's Office in the County in which the land is located.

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