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.


LRB098 07939 HEP 38027 b

 

 

A BILL FOR

 

HB2658LRB098 07939 HEP 38027 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Eminent Domain Act is amended by adding
5Sections 25-5-45 and 25-5-50 as follows:
 
6    (735 ILCS 30/25-5-45 new)
7    Sec. 25-5-45. Quick-take; McHenry County. Quick-take
8proceedings under Article 20 may be used for a period of no
9longer than one year from the effective date of this amendatory
10Act of the 98th General Assembly by McHenry County for the
11acquisition of the following described property for the purpose
12of public improvements to serve McHenry County:
 
13Route: F.A.U. 168 (Johnsburg Road)
14Section: 05-00314-00-WR
15County: McHenry Job No.: R-91-005-06
16Parcel: 1HK0045
17Sta. 58+07.09 To Sta. 58+31.89
18Sta. 176+10.72 To Sta. 177+36.15
19Owner: JNL-Johnsburg Properties, Inc.
20Index No. 09-13-277-001
2109-13-277-002
 

 

 

HB2658- 2 -LRB098 07939 HEP 38027 b

1That part of Sub Lot 2 of Lot 28 in Plat Number 3 McHenry,
2County Clerk's Plat of Section 13, Township 45 North, Range 8
3East of the Third Principal Meridian, according to the plat
4thereof recorded May 6, 1902 as document number 14079, in
5McHenry County, Illinois, described as follows:
 
6Commencing at the southeast corner of the Northeast Quarter of
7said Section 13; thence on an assumed bearing of South 89
8degrees 15 minutes 13 seconds West along the south line of the
9Northeast Quarter of said Section 13, as monumented and
10occupied, a distance of 824.94 feet (825.2 feet, recorded)
11(826.0 feet, recorded) to a point of intersection with the
12Southerly extension of the east line of the grantor; thence
13North 1 degree 20 minutes 53 seconds East along the said
14Southerly extension of the east line of the grantor, a distance
15of 132.49 feet to the northeasterly right of way line of Chapel
16Hill Road recorded January 26, 1932 as document number 100422,
17being also the southeast corner of the grantor; thence North 46
18degrees 56 minutes 58 seconds West along the said northeasterly
19right of way line of Chapel Hill Road and along the
20northeasterly right of way line of Chapel Hill Road recorded
21January 26, 1932 as document number 100421, a distance of
22261.08 feet to the point of beginning; thence continuing North
2346 degrees 56 minutes 58 seconds West along the northeasterly
24right of way line of Chapel Hill Road recorded as document
25number 100421, a distance of 14.94 feet to the east right of

 

 

HB2658- 3 -LRB098 07939 HEP 38027 b

1way line of Chapel Hill Road recorded January 26, 1932 as
2document number 100420; thence North 2 degrees 09 minutes 50
3seconds East along the said east right of way line of Chapel
4Hill Road and the Northerly extension thereof, a distance of
564.92 feet (64.91 feet, more or less, recorded) to the center
6line of Johnsburg Road; thence North 87 degrees 42 minutes 53
7seconds East along the said center line of Johnsburg Road, a
8distance of 123.08 feet; thence South 2 degrees 17 minutes 07
9seconds East, a distance of 30.00 feet to the south right of
10way line of Johnsburg Road according to a Plat of Survey by the
11County Surveyor dated October 21, 1952 in Surveyor Book Number
125, page 204; thence South 2 degrees 48 minutes 02 seconds East,
13a distance of 1.05 feet; thence westerly 59.83 feet along a
14curve to the left having a radius of 987.47 feet, the chord of
15said curve bears South 85 degrees 27 minutes 49 seconds West,
1659.82 feet; thence South 70 degrees 14 minutes 11 seconds West,
17a distance of 47.08 feet; thence South 22 degrees 40 minutes 19
18seconds West, a distance of 30.69 feet to the point of
19beginning.
 
20Said parcel containing 0.117 acre, more or less, of which 0.086
21acre, more or less, was previously dedicated or used for
22highway purposes.
 
23    (735 ILCS 30/25-5-50 new)
24    Sec. 25-5-50. Quick-take; Madison County. Quick-take

 

 

HB2658- 4 -LRB098 07939 HEP 38027 b

1proceedings under Article 20 may be used for a period of no
2longer than one year from the effective date of this amendatory
3Act of the 98th General Assembly by Madison County for the
4acquisition of the following described property for the purpose
5of public improvements to County Highway 52 in Madison County:
 
6PPN 24-1-01-24-00-000-001
7    A strip of land 50 feet wide located in the Northeast
8Quarter of the Northwest Quarter of Section 24, Township 6
9North, Range 10 West of the Third Principal Meridian, in the
10Village of Godfrey, Madison County, Illinois, as shown on
11Exhibit "A" attached hereto and more fully described as
12follows:
13    Commencing at the northwest corner of the Northeast Quarter
14of the Northwest Quarter of said Section 24; thence easterly
15along the north line of said Section 24 for a distance of
16696.49 feet; thence southerly at right angles for a distance of
1745 feet to the Point of Beginning of the tract of land
18described herein; thence continuing southerly along the
19previous course for a distance of 50 feet; thence easterly at
20right angles along a line parallel to and 95 feet south of the
21north line of said Section 24 for a distance of 50 feet; thence
22northerly at right angles for a distance of 50 feet; thence
23westerly at right angles along a line parallel to and 45 feet
24south of the north line of said Section 24 for a distance of 50
25feet to the Point of Beginning, containing 2,500 square feet.
 

 

 

HB2658- 5 -LRB098 07939 HEP 38027 b

1PPN 24-1-01-24-00-000-001
2    A strip of land 40 feet wide located in the Northeast
3Quarter of the Northwest Quarter of Section 24, Township 6
4North, Range 10 West of the Third Principal Meridian, in the
5Village of Godfrey, Madison County, Illinois, as shown on
6Exhibit "A" attached hereto and more fully described as
7follows:
8    Commencing at the northwest corner of the Northeast Quarter
9of the Northwest Quarter of said Section 24; thence easterly
10along the north line of said Section 24 for a distance of 412.5
11feet to the northwest corner of a tract of land conveyed to
12Thomas K. Hutchinson by deed recorded in Book 3076, Page 1922
13in the Recorder's Office of Madison County, Illinois, which is
14the Point of Beginning of the tract of land described herein;
15thence continuing easterly along the north line of said Section
1624 for a distance of 556.65 feet to the northeast corner of
17said Hutchinson tract, which is located 412.5 feet west of the
18northeast corner of the Northeast Quarter of the Northwest
19Quarter of said Section 24; thence southerly along the east
20line of said Hutchinson tract, which is parallel to the east
21line of said quarter-quarter section, for a distance of 40.03
22feet; thence westerly along a line parallel to and 40 feet
23south of the north line of said Section 24 for a distance of
24556.04 feet to the west line of said Hutchinson tract; thence
25northerly along said west line, which is parallel to the west

 

 

HB2658- 6 -LRB098 07939 HEP 38027 b

1line of said quarter-quarter section, for a distance of 40.01
2feet to the northwest corner of said Hutchinson tract and the
3Point of Beginning, containing 22,254 square feet.
 
4PPN 24-1-01-24-00-000-001
5    A strip of land 5 feet wide located in the Northeast
6Quarter of the Northwest Quarter of Section 24, Township 6
7North, Range 10 West of the Third Principal Meridian, in the
8Village of Godfrey, Madison County, Illinois, as shown on
9Exhibit "A" attached hereto and more fully described as
10follows:
11    Commencing at the northwest corner of the Northeast Quarter
12of the Northwest Quarter of said Section 24; thence easterly
13along the north line of said Section 24 for a distance of
14596.49 feet; thence southerly at right angles for a distance of
1540 feet to the Point of Beginning of the tract of land
16described herein; thence continuing southerly along the
17previous course for a distance of 5 feet; thence easterly at
18right angles along a line parallel to and 45 feet south of the
19north line of said Section 24 for a distance of 200 feet;
20thence northerly at right angles for a distance of 5 feet;
21thence westerly at right angles along a line parallel to and 40
22feet south of the north line of said Section 24 for a distance
23of 200 feet to the Point of Beginning, containing 1,000 square
24feet.
 

 

 

HB2658- 7 -LRB098 07939 HEP 38027 b

1PPN 24-1-01-24-00-000-001.001
2    A strip of land located in the Northeast Quarter of the
3Northwest Quarter of Section 24, Township 6 North, Range 10
4West of the Third Principal Meridian, in the Village of
5Godfrey, Madison County, Illinois, as shown on Exhibit "A"
6attached hereto and more fully described as follows:
7    Beginning at the northwest corner of the Northeast Quarter
8of the Northwest Quarter of said Section 24; thence easterly
9along the north line of said Section 24 for a distance of 412.5
10feet to the northeast corner of a tract of land conveyed to
11Mark E. Springman by deed recorded in Book 4065, Page 1952 in
12the Recorder's Office of Madison County, Illinois; thence
13southerly along the east line of said Springman tract, which is
14parallel to the west line of said quarter-quarter section for a
15distance of 40.01 feet; thence westerly along a line parallel
16to and 40 feet south of the north line of said Section 24 for a
17distance of 115.20 feet; thence southerly at right angles for a
18distance of 10 feet; thence westerly at right angles along a
19line parallel to and 50 feet south of the north line of said
20Section 24 for a distance of 100.00 feet; thence northerly at
21right angles for a distance of 10 feet; thence westerly at
22right angles along a line parallel to and 40 feet south of the
23north line of said Section 24 for a distance of 197.28 feet to
24the west line of the Northeast Quarter of the Northwest Quarter
25of said Section 24; thence northerly along said west line for a
26distance of 40.01 feet to the northwest corner of the Northeast

 

 

HB2658- 8 -LRB098 07939 HEP 38027 b

1Quarter of the Northwest Quarter of said Section 24 and the
2Point of Beginning, containing 17,500 square feet.
 
3PPN 24-1-01-24-00-000-001.001
4    Two strips of land each 10 feet wide located in the
5Northeast Quarter of the Northwest Quarter of Section 24,
6Township 6 North, Range 10 West of the Third Principal
7Meridian, in the Village of Godfrey, Madison County, Illinois,
8as shown on Exhibit "A" attached hereto and more fully
9described as follows:
 
10Parcel 1
11    Commencing at the northwest corner of the Northeast Quarter
12    of the Northwest Quarter of said Section 24; thence
13    easterly along the north line of said Section 24 for a
14    distance of 146.49 feet; thence southerly at right angles
15    for a distance of 40 feet to the Point of Beginning of the
16    tract of land described herein; thence continuing
17    southerly along the previous course for a distance of 10
18    feet; thence easterly at right angles along a line parallel
19    to and 50 feet south of the north line of said Section 24
20    for a distance of 50 feet; thence northerly at right angles
21    for a distance of 10 feet; thence westerly at right angles
22    along a line parallel to and 40 feet south of the north
23    line of said Section 24 for a distance of 50 feet to the
24    Point of Beginning, containing 500 square feet.
 

 

 

HB2658- 9 -LRB098 07939 HEP 38027 b

1Parcel 2
2    Commencing at the northwest corner of the Northeast Quarter
3    of the Northwest Quarter of said Section 24; thence
4    easterly along the north line of said Section 24 for a
5    distance of 296.49 feet; thence southerly at right angles
6    for a distance of 40 feet to the Point of Beginning of the
7    tract of land described herein; thence continuing
8    southerly along the previous course for a distance of 10
9    feet; thence easterly at right angles along a line parallel
10    to and 50 feet south of the north line of said Section 24
11    for a distance of 115.00 feet to the east line of a tract
12    of land conveyed to Mark E. Springman by deed recorded in
13    Book 4065, Page 1952 in the Recorder's Office of Madison
14    County, Illinois; thence northerly along the east line of
15    said Springman tract, which is parallel to the west line of
16    said quarter-quarter section, for a distance of 10.00 feet;
17    thence westerly along a line parallel to and 40 feet south
18    of the north line of said Section 24 for a distance of
19    115.20 feet to the Point of Beginning, containing 1,151
20    square feet.
 
21PPN 24-1-01-24-00-000-001.001
22    A strip of land located in the Northeast Quarter of the
23Northwest Quarter of Section 24, Township 6 North, Range 10
24West of the Third Principal Meridian, in the Village of

 

 

HB2658- 10 -LRB098 07939 HEP 38027 b

1Godfrey, Madison County, Illinois, as shown on Exhibit "A"
2attached hereto and more fully described as follows:
3    Commencing at the northwest corner of the Northeast Quarter
4of the Northwest Quarter of said Section 24; thence easterly
5along the north line of said Section 24 for a distance of
6285.99 feet; thence southerly at right angles for a distance of
750 feet to the Point of Beginning of the tract of land
8described herein; thence deflecting to the right at an angle of
99 degrees 38 minutes 48 seconds for a distance of 20.87 feet;
10thence northwesterly at right angles for a distance of 22.00
11feet; thence northeasterly at right angles for a distance of
1217.13 feet to a point located 50 feet south of the north line
13of said Section 24; thence easterly along a line parallel to
14and 50 feet south of the north line of said Section 24 for a
15distance of 22.32 feet to the Point of Beginning, containing
16418 square feet.
 
17PPN 24-1-01-24-00-000-001.002
18    A strip of land 15 feet wide located in the Northeast
19Quarter of the Northwest Quarter of Section 24, Township 6
20North, Range 10 West of the Third Principal Meridian, in the
21Village of Godfrey, Madison County, Illinois, as shown on
22Exhibit "A" attached hereto and more fully described as
23follows:
24    Commencing at the northeast corner of the Northeast Quarter
25of the Northwest Quarter of said Section 24; thence westerly

 

 

HB2658- 11 -LRB098 07939 HEP 38027 b

1along the north line of said Section 24 for a distance of
2285.16 feet; thence southerly at right angles for a distance of
350 feet to the Point of Beginning of the tract of land
4described herein; thence continuing southerly along the
5previous course for a distance of 15 feet; thence easterly at
6right angles along a line parallel to and 65 feet south of the
7north line of said Section 24 for a distance of 40 feet; thence
8northerly at right angles for a distance of 15 feet; thence
9westerly at right angles along a line parallel to and 50 feet
10south of the north line of said Section 24 for a distance of 40
11feet to the Point of Beginning, containing 600 square feet.
 
12PPN 24-1-01-24-00-000-001.002
13    A strip of land 10 feet wide located in the Northeast
14Quarter of the Northwest Quarter of Section 24, Township 6
15North, Range 10 West of the Third Principal Meridian, in the
16Village of Godfrey, Madison County, Illinois, as shown on
17Exhibit "A" attached hereto and more fully described as
18follows:
19    Commencing at the northeast corner of the Northeast Quarter
20of the Northwest Quarter of said Section 24; thence westerly
21along the north line of said Section 24 for a distance of 412.5
22feet to the northwest corner of a tract of land conveyed to
23Carolyn D. Schmidt by deed recorded in Book 4236, Page 793 in
24the Recorder's Office of Madison County, Illinois; thence
25southerly along said west line, which is parallel to the east

 

 

HB2658- 12 -LRB098 07939 HEP 38027 b

1line of said quarter-quarter section, for a distance of 40.03
2feet to the Point of Beginning of the tract of land described
3herein; thence continuing southerly along said west line for a
4distance of 10.01 feet; thence easterly along a line parallel
5to and 50 feet south of the north line of said Section 24 for a
6distance of 129.12 feet; thence northerly at right angles for a
7distance of 10 feet; thence westerly at right angles along a
8line parallel to and 40 feet south of the north line of said
9Section 24 for a distance of 128.76 feet to the Point of
10Beginning, containing 1,290 square feet.
 
11PPN 24-1-01-24-00-000-001.002
12    A strip of land located in the Northeast Quarter of the
13Northwest Quarter of Section 24, Township 6 North, Range 10
14West of the Third Principal Meridian, in the Village of
15Godfrey, Madison County, Illinois, as shown on Exhibit "A"
16attached hereto and more fully described as follows:
17    Beginning at the northeast corner of the Northeast Quarter
18of the Northwest Quarter of said Section 24; thence westerly
19along the north line of said Section 24 for a distance of 412.5
20feet to the northwest corner of a tract of land conveyed to
21Carolyn D. Schmidt by deed recorded in Book 4236, Page 793 in
22the Recorder's Office of Madison County, Illinois; thence
23southerly along the west line of said Schmidt tract, which is
24parallel to the east line of said quarter-quarter section for a
25distance of 40.03 feet; thence easterly along a line parallel

 

 

HB2658- 13 -LRB098 07939 HEP 38027 b

1to and 40 feet south of the north line of said Section 24 for a
2distance of 128.76 feet; thence southerly at right angles for a
3distance of 10 feet; thence easterly at right angles along a
4line parallel to and 50 feet south of the north line of said
5Section 24 for a distance of 250.00 feet; thence northerly at
6right angles for a distance of 10 feet; thence easterly at
7right angles along a line parallel to and 40 feet south of the
8north line of said Section 24 for a distance of 33.74 feet to
9the east line of the Northeast Quarter of the Northwest Quarter
10of said Section 24; thence northerly along said east line for a
11distance of 40.03 feet to the northeast corner of the Northeast
12Quarter of the Northwest Quarter of said Section 24 and the
13Point of Beginning, containing 19,000 square feet.
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.