96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0654

 

Introduced 02/06/09, by Rep. Timothy L. Schmitz

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 30/25-5-25 new

    Amends the Eminent Domain Act. Grants quick-take eminent domain powers for a period of one year to Kane County for the Stearns Road Corridor project. Effective immediately.


LRB096 07585 AJO 17680 b

 

 

A BILL FOR

 

HB0654 LRB096 07585 AJO 17680 b

1     AN ACT concerning civil law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Eminent Domain Act is amended by adding
5 Section 25-5-25 as follows:
 
6     (735 ILCS 30/25-5-25 new)
7     Sec. 25-5-25. Quick-take; Kane County. Quick-take
8 proceedings under Article 20 may be used for a period of 12
9 months after the effective date of this amendatory Act of the
10 96th General Assembly by Kane County for the acquisition of the
11 following described properties for the purpose of road
12 construction of the Stearns Road Corridor Project, including
13 permanent easements and temporary easements.
 
14     PARCEL 1ST0030:
15     That part of the East Half of Section 1, Township 40 North,
16     Range 8 East of the Third Principal Meridian described as
17     follows:
 
18     Commencing at the northeast corner of the Southeast Quarter
19     of said Section 1; thence South along the Section Line 7.67
20     chains; thence North 84 degrees 00 minutes West 1606.0 feet
21     to the center line of the Elgin and St. Charles Road (also

 

 

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1     known as Dunham Road); thence North 34 degrees 19 minutes
2     West along the tangent center line of said road and said
3     center line extended 231.0 feet to the extended center line
4     of Clintonville Road (now abandoned) for the point of
5     beginning; thence North 86 degrees 35 minutes West along
6     said center line 679.4 feet to the easterly right of way
7     line of the Chicago, Aurora and Elgin Railway; thence
8     northwesterly along said easterly right of way line 37.2
9     feet to the center line of the concrete pavement in State
10     Route No. 25; thence northeasterly along said center line
11     1155.8 feet to its intersection with the center line of
12     said Elgin and St. Charles (Dunham) Road; thence southerly
13     and southeasterly along said last mentioned center line
14     888.5 feet to the extension of the center line of said
15     Clintonville Road (now abandoned); thence North 86 degrees
16     35 minutes West along said extension 7.575 feet to the
17     point of beginning, (except therefrom any part lying in the
18     Northeast 1/4 of Section 1 aforesaid) in the Township of
19     St. Charles, Kane County, Illinois.
20     Said part contains 1.667 acres, more or less, of which
21     0.386 acre, more or less, was previously dedicated or used
22     for highway purposes.
 
23     PARCEL 1ST0150DED:
 
24     That part of the Northwest Quarter of Section 4, Township

 

 

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1     40 North, Range 8, East of the Third Principal Meridian,
2     described as follows:
3     Beginning at the northwest corner of said Section 4; thence
4     easterly along the north line of the Northwest Quarter of
5     said Section 4 on an assumed bearing of North 88 degrees 51
6     minutes 02 seconds East, 2313.15 feet to the southwesterly
7     right of way line of the Chicago, Central and Pacific
8     Railroad as per Document Number 9160 recorded November 11,
9     1886; thence southeasterly along said right of way line
10     South 46 degrees 31 minutes 09 seconds East, 478.24 feet to
11     the east line of the Northwest Quarter of said Section 4;
12     thence southerly along said east line South 0 degrees 12
13     minutes 58 seconds East, 128.22 feet; thence northwesterly
14     1172.37 feet on a curve to the left having a radius of
15     1691.00 feet, the chord of said curve bears North 71
16     degrees 11 minutes 44 seconds West, 1149.03 feet; thence
17     South 88 degrees 56 minutes 34 seconds West, 1419.74 feet;
18     thence South 44 degrees 16 minutes 03 seconds West, 160.12
19     feet to the existing right of way line of Randall Road as
20     per Document Number 778732 recorded April 30, 1955; thence
21     South 89 degrees 37 minutes 06 seconds West, 40.00 feet to
22     the west line of the Northwest Quarter of said Section 4;
23     thence northerly along said west line North 0 degrees 22
24     minutes 53 seconds West, 181.64 feet to the Point of
25     Beginning, in Kane County, Illinois.
26     Said part contains 6.377 acres, more or less, of which

 

 

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1     1.733 acres, more or less, was previously dedicated or used
2     for highway purposes.
 
3     PARCEL 1ST0101TE-B:
 
4     That part of the Southwest Quarter of Section 2, Township
5     40 North, Range 8 East of the Third Principal Meridian,
6     described as follows:
7     Commencing at the northeast corner of said Southwest
8     Quarter; thence on an assumed bearing of South 89 degrees
9     24 minutes 51 seconds West along the North line of said
10     Southwest Quarter, 664.14 feet to the easterly right of way
11     line of the railroad formerly known as the Carpentersville,
12     Elgin, and Aurora Railway Company; thence South 5 degrees
13     24 minutes 19 seconds East along said line, 378.16 feet to
14     a point on the southerly line of the proposed permanent
15     roadway easement, said point also being the Point of
16     Beginning; thence continuing South 5 degrees 24 minutes 19
17     seconds East along said line, 232.37 feet; thence South 84
18     degrees 35 minutes 41 seconds West, 50.00 feet to the
19     westerly right of way line of said Railway; thence North 5
20     degrees 24 minutes 19 seconds West along said line, 144.00
21     feet; thence North 84 degrees 35 minutes 41 seconds East,
22     40.00 feet; thence North 5 degrees 24 minutes 19 seconds
23     West, 89.87 feet; thence South 86 degrees 54 minutes 53
24     seconds East, 10.11 feet to the Point of Beginning, in Kane

 

 

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1     County, Illinois.
2     Said part containing 0.186 acre, more or less.
 
3     PARCEL 1ST0150PE:
 
4     That part of the Northwest Quarter of Section 4, Township
5     40 North, Range 8, East of the Third Principal Meridian,
6     described as follows:
7     Commencing at the northwest corner of said Section 4;
8     thence southerly along the west line of the Northwest
9     Quarter of said Section 4 on an assumed bearing of South 0
10     degrees 22 minutes 53 seconds East, 181.64 feet; thence
11     North 89 degrees 37 minutes 06 seconds East, 40.00 feet to
12     the existing right of way line of Randall Road as per
13     Document Number 778732 recorded April 30, 1955; thence
14     North 44 degrees 16 minutes 03 seconds East along the
15     proposed right of way, 160.12 feet; thence North 88 degrees
16     56 minutes 34 seconds East along said proposed right of
17     way, 482.88 feet to the Point of Beginning; thence
18     continuing along said proposed right of way North 88
19     degrees 56 minutes 34 seconds East, 820.00 feet; thence
20     South 1 degree 03 minutes 26 seconds East, 150.00 feet;
21     thence South 88 degrees 56 minutes 34 seconds West, 820.00
22     feet; thence North 1 degree 03 minutes 26 seconds West,
23     150.00 feet to the Point of Beginning, in Kane County,
24     Illinois.

 

 

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1     Said part contains 2.824 acres, more or less.
 
2     PARCEL 1ST0101PE:
 
3     That part of the Southwest Quarter of Section 2, Township
4     40 North, Range 8 East of the Third Principal Meridian,
5     described as follows:
6     Commencing at the northeast corner of said Southwest
7     Quarter; thence on an assumed bearing of South 89 degrees
8     24 minutes 51 seconds West along the North line of said
9     Southwest Quarter, 664.14 feet to the easterly right of way
10     line of the railroad formerly known as the Carpentersville,
11     Elgin, and Aurora Railway Company; thence South 5 degrees
12     24 minutes 19 seconds East along said line, 378.16 feet to
13     the Point of Beginning; thence North 86 degrees 54 minutes
14     53 seconds West, 50.55 feet to the westerly right of way
15     line of said Railway; thence North 5 degrees 24 minutes 19
16     seconds West along said line, 182.00 feet; thence South 86
17     degrees 54 minutes 53 seconds East, 50.55 feet to said
18     easterly right of way line; thence South 5 degrees 24
19     minutes 19 seconds East along said line, 182.00 feet to the
20     Point of Beginning, in Kane County, Illinois.
21     Said part containing 0.209 acre, more or less.
 
22     PARCEL 1ST0150TE-1:
 

 

 

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1     That part of the Northwest Quarter of Section 4, Township
2     40 North, Range 8, East of the Third Principal Meridian,
3     described as follows:
4     Commencing at the northwest corner of said Section 4;
5     thence southerly along the west line of the Northwest
6     Quarter of said Section 4 on an assumed bearing of South 0
7     degrees 22 minutes 53 seconds East, 181.64 feet; thence
8     North 89 degrees 37 minutes 06 seconds East, 40.00 feet to
9     the existing right of way line of Randall Road as per
10     Document Number 778732 recorded April 30, 1955; thence
11     North 44 degrees 16 minutes 03 seconds East along the
12     proposed right of way, 160.12 feet to the Point of
13     Beginning; thence North 88 degrees 56 minutes 34 seconds
14     East along said proposed right of way, 482.88 feet; thence
15     South 1 degree 03 minutes 26 seconds East, 20.00 feet;
16     thence South 88 degrees 56 minutes 34 seconds West, 503.11
17     feet to the proposed right of way; thence North 44 degrees
18     16 minutes 03 seconds East along said proposed right of
19     way, 28.45 feet to the Point of Beginning, in Kane County,
20     Illinois.
21     Said part contains 0.226 acre, more or less.
 
22     PARCEL 1ST0101TE-A:
 
23     That part of the Southwest Quarter of Section 2, Township
24     40 North, Range 8 East of the Third Principal Meridian,

 

 

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1     described as follows:
2     Commencing at the northeast corner of said Southwest
3     Quarter; thence on an assumed bearing of South 89 degrees
4     24 minutes 51 seconds West along the North line of said
5     Southwest Quarter, 664.14 feet to the easterly right of way
6     line of the railroad formerly known as the Carpentersville,
7     Elgin, and Aurora Railway Company; thence South 5 degrees
8     24 minutes 19 seconds East along said line, 71.66 feet to a
9     point on the southerly right of way line of the Chicago,
10     Central, and Pacific Railroad, said point also being the
11     Point of Beginning; thence continuing South 5 degrees 24
12     minutes 19 seconds East along said easterly right of way
13     line, 124.51 feet to the northerly line of the proposed
14     permanent roadway easement; thence North 86 degrees 54
15     minutes 53 seconds West along said line, 10.11 feet; thence
16     North 5 degrees 24 minutes 19 seconds West along said line,
17     63.82 feet; thence North 87 degrees 40 minutes 25 seconds
18     West, 40.37 feet to the westerly right of way line of said
19     Railway; thence North 5 degrees 24 minutes 19 seconds West
20     along said line, 60.55 feet to the southerly right of way
21     line of the Chicago, Central, and Pacific Railroad; thence
22     South 87 degrees 40 minutes 25 seconds East along said
23     line, 50.46 feet to the Point of Beginning, in Kane County,
24     Illinois.
25     Said part containing 0.084 acre, more or less.
 

 

 

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1     PARCEL 1ST0145PE:
 
2     That part of the Northwest Quarter of Section 4, Township
3     40 North, Range 8, East of the Third Principal Meridian,
4     together with that part of the South Half of Section 33,
5     Township 41 North, Range 8, East of the Third Principal
6     Meridian, described as follows:
7     Commencing at an iron pipe at the north quarter corner of
8     said Section 4; thence on an assumed bearing of South 0
9     degrees 12 minutes 58 seconds East along the East line of
10     said Northwest Quarter, 232.40 feet to an angle point in
11     the southwesterly right of way line of the Chicago, Central
12     and Pacific Railroad, said point also being the point of
13     beginning; thence continuing South 0 degrees 12 minutes 58
14     seconds East along said East line, 103.68 feet to an angle
15     point in said right of way line; thence North 46 degrees 31
16     minutes 09 seconds West along said right of way line,
17     273.02 feet; thence North 28 degrees 54 minutes 24 seconds
18     East, 37.72 feet; thence 213.25 feet on a curve to the left
19     having a radius of 621.00 feet, the chord of said curve
20     bears North 19 degrees 04 minutes 09 seconds East, 212.20
21     feet to the northeasterly right of way line of said
22     Railroad; thence South 46 degrees 33 minutes 44 seconds
23     East along said right of way line, 94.31 feet; thence
24     187.66 feet on a curve to the right having a radius of
25     701.00 feet, the chord of said curve bears South 21 degrees

 

 

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1     14 minutes 16 seconds West, 187.10 feet; thence South 54
2     degrees 20 minutes 19 seconds East, 134.71 feet to the
3     point of beginning, in Kane County, Illinois.
4     Said parcel contains 0.710 acre, more or less.
 
5     PARCEL 1ST0150TE-2:
 
6     That part of the Northwest Quarter of Section 4, Township
7     40 North, Range 8, East of the Third Principal Meridian,
8     described as follows:
9     Commencing at the north quarter corner of said Section 4;
10     thence southerly along the east line of the Northwest
11     Quarter of said Section 4 on an assumed bearing of South 0
12     degrees 12 minutes 58 seconds East, 464.31 feet to the
13     Point of Beginning; thence continuing along said line South
14     0 degrees 12 minutes 58 seconds East, 12.87 feet; thence
15     westerly 1173.52 feet on a curve to the left having a
16     radius of 1681.00 feet, the chord of said curve bears North
17     71 degrees 03 minutes 28 seconds West, 1149.83 feet; thence
18     South 88 degrees 56 minutes 34 seconds West, 116.86 feet;
19     thence North 1 degree 03 minutes 26 seconds West, 10.00
20     feet to the proposed right of way; thence North 88 degrees
21     56 minutes 34 seconds East along said proposed right of
22     way, 116.86 feet; thence easterly along said proposed right
23     of way 1172.37 feet on a curve to the right having a radius
24     of 1691.00 feet, the chord of said curve bears South 71

 

 

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1     degrees 11 minutes 44 seconds East, 1149.03 feet to the
2     Point of Beginning, in Kane County, Illinois.
3     Said part contains 0.296 acre, more or less.
 
4     Section 99. Effective date. This Act takes effect upon
5 becoming law.