HB5515 102ND GENERAL ASSEMBLY

LRB102 26101 LNS 35586 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5515

Introduced 1/31/2022, by Rep. Rita Mayfield

SYNOPSIS AS INTRODUCED:

735 ILCS 30/25-5-100 new

Amends the Eminent Domain Act. Provides that quick-take proceedings may be used for a period of no more than 2 years after the effective date of the amendatory Act by Cook County and the City of Calumet City for the acquisition of certain described property for the purpose of economic development. Repeals the Section 3 years after the effective date of the amendatory Act. 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 Section 25-5-100 as follows:

(735 ILCS 30/25-5-100 new)

Sec. 25-5-100. Quick-take; Cook County; Calumet City.

(a) Quick-take proceedings under Article 20 may be used for a period of no more than 2 years after the effective date of this amendatory Act of the 102nd General Assembly by Cook County and the City of Calumet City for the acquisition of the following described property for the purpose of economic development:

REAL PROPERTY IN THE CITY OF CALUMET CITY, COUNTY OF COOK, STATE OF ILLINOIS, DESCRIBED AS FOLLOWS:

PARCEL 1:

THAT PART OF THE NORTH WEST QUARTER OF SECTION 19, TOWNSHIP 36 NORTH, RANGE 15 EAST OF THE THIRD PRINCIPAL MERIDIAN, WHICH LIES NORTH AND EAST OF THE MARGIN OF THE LITTLE CALUMET RIVER, EXCEPTING THEREFROM THE FOLLOWING:

(A) THE EAST 660 FEET OF SAID NORTH WEST QUARTER;

(B) THAT PART OF SAID NORTHWEST QUARTER WHICH IS BOTH SOUTH OF A LINE PARALLEL TO AND 2,056.78 FEET SOUTH OF THE NORTH LINE OF SAID QUARTER AND WEST OF A LINE 300 FEET EAST OF AND PARALLEL TO THE EAST LINE OF TORRENCE A VENUE;

(C) THAT PART TAKEN, USED OR DEDICATED FOR TORRENCE AVENUE, INCLUDING BUT NOT LIMITED TO, THAT PART TAKEN IN ORDER VESTING TITLE RECORDED OCTOBER 4, 2016 AS DOCUMENT NO. 1627816040;

(D) THAT PART THEREOF CONVEYED TO THE PUBLIC SERVICE COMPANY OF NORTHERN ILLINOIS BY DEEDS DULY RECORDED JULY 24, 1926 AS DOCUMENTS 9349854 AND 9350297;

(E) THAT PART OF SAID NORTH WEST QUARTER DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTH WEST CORNER OF SAID QUARTER; THENCE SOUTH ALONG THE WEST LINE OF SAID QUARTER, A DISTANCE OF 230 FEET; THENCE EASTERLY ON A LINE PARALLEL TO THE NORTH LINE OF SAID QUARTER, A DISTANCE OF 250 FEET; THENCE NORTH A DISTANCE OF 230 FEET TO A POINT ON THE NORTH LINE OF SAID QUARTER; THENCE WESTERLY ALONG SAID NORTH LINE A DISTANCE OF 250 FEET TO THE POINT OF BEGINNING.

(F) THAT PART OF SAID NORTH WEST QUARTER OF SECTION 19, TOWNSHIP 36 NORTH, RANGE 15 EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTH WEST CORNER OF THE EAST 660 FEET OF SAID NORTH WEST QUARTER; THENCE SOUTH 0 DEGREES 09 MINUTES 50 SECONDS WEST ON THE WEST LINE OF THE EAST 660 FEET OF SAID NORTH WEST QUARTER A DISTANCE OF 1635.56 FEET; THENCE NORTH 44 DEGREES 42 MINUTES 30 SECONDS WEST A DISTANCE OF 260.28 FEET; THENCE NORTH 28 DEGREES 30 MINUTES 00 SECONDS EAST A DISTANCE OF 59.87 FEET; THENCE NORTH 44 DEGREES 42 MINUTES 30 SECONDS WEST A DISTANCE OF 519.21 FEET; THENCE SOUTH 45 DEGREES 17 MINUTES 30 SECONDS WEST A DISTANCE OF 24.00 FEET; THENCE NORTH 44 DEGREES 42 MINUTES 30 SECONDS WEST A DISTANCE OF 110.00 FEET; THENCE SOUTH 45 DEGREES 17 MINUTES 30 SECONDS WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 44 DEGREES 42 MINUTES 30 SECONDS WEST A DISTANCE OF 615.00 FEET; THENCE NORTH 0 DEGREES 17 MINUTES 30 SECONDS EAST ON A LINE PERPENDICULAR TO THE NORTH LINE OF SAID NORTH WEST QUARTER, A DISTANCE OF 543.00 FEET TO THE NORTH LINE OF SAID NORTH WEST QUARTER, THENCE SOUTH 89 DEGREES 42 MINUTES 30 SECONDS EAST ON THE NORTH LINE OF SAID NORTH WEST QUARTER A DISTANCE OF 10 55.93 FEET TO THE PLACE OF BEGINNING.

(G) THAT PART OF THE NORTH WEST QUARTER OF SECTION 19, TOWNSHIP 36 NORTH, RANGE 15 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS BOUNDED AND DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTH WEST CORNER OF SAID SECTION; THENCE SOUTH ALONG THE WEST LINE OF SAID NORTH WEST QUARTER, A DISTANCE OF 1284 FEET TO A POINT; THENCE EAST 71.05 FEET (MEASURED AT RIGHT ANGLE) TO A POINT ON THE EAST LINE OF TORRENCE AVENUE, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUING EAST ALONG THE LAST DESCRIBED COURSE A DISTANCE OF 5 FEET TO A POINT; THENCE SOUTH ALONG A LINE PARALLEL TO AND DISTANT 5 FEET FROM SAID EAST LINE OF TORRENCE A VENUE A DISTANCE OF 316.00 FEET TO A POINT; THENCE WEST, FORMING A RIGHT ANGLE WITH THE LAST DESCRIBED COURSE A DISTANCE OF 5 FEET TO A POINT ON SAID EAST LINE OF TORRENCE AVENUE; THENCE NORTH A DISTANCE OF 316.00 FEET TO THE POINT OF BEGINNING;

(H) THAT PART OF THE NORTH WEST QUARTER OF SECTION 19, TOWNSHIP 36 NORTH, RANGE 15 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, BOUNDED AND DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTH WEST CORNER OF SAID NORTH WEST QUARTER; THENCE EAST A DISTANCE OF 250 FEET TO A POINT; THENCE SOUTH A DISTANCE OF 30 FEET (MEASURED AT RIGHT ANGLE) TO A POINT ON THE SOUTH LINE OF 159TH STREET, SAID POINT BEING THE POINT OF BEGINNING, THENCE CONTINUING SOUTH ALONG THE LAST DESCRIBED COURSE A DISTANCE OF 30 FEET TO A POINT; THENCE EAST ALONG A LINE PARALLEL TO AND DISTANCE 60 FEET FROM THE NORTH LINE OF SAID NORTH WEST QUARTER, A DISTANCE OF 722.77 FEET TO A POINT; THENCE NORTH ALONG A LINE FORMING A RIGHT ANGLE WITH THE LAST DESCRIBED COURSE, A DISTANCE OF 30 FEET TO A POINT ON SAID EAST LINE OF 159TH STREET; THENCE WEST A DISTANCE OF 722.77 FEET TO THE POINT OF BEGINNING;

(I) THAT PART OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 36 NORTH, RANGE 15 EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING THE NORTH 150 FEET OF THE SOUTH 600 FEET OF THE WEST 150 FEET OF THE EAST 810 FEET OF SAID QUARTER SECTION, ALL IN COOK COUNTY, ILLINOIS.

(J) LOT 1 OF CALUMET SONIC SUBDIVISION, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 36 NORTH, RANGE 15 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 5, 2010 AS DOCUMENT NO. 1030934049, IN COOK COUNTY, ILLINOIS.

PARCEL 2:

EASEMENT FOR INGRESS AND EGRESS AND COMMON US E OF PARKING OVER, UNDER, AND ACROSS THOSE PORTIONS OF THE FOLLOWING DESCRIBED LAND:

THAT PART OF SAID NORTH WEST 1/4 OF SECTION 19, TOWNSHIP 36 NORTH, RANGE 15 EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTH WEST CORNER OF THE EAST 660 FEET OF SAID NORTH WEST QUARTER; THENCE SOUTH 0 DEGREES 09 MINUTES 50 SECONDS WEST ON THE WEST LINE OF THE EAST 660 FEET OF SAID NORTH WEST QUARTER A DISTANCE OF 1635.56 FEET; THENCE NORTH 44 DEGREES 42 MINUTES 30 SECONDS WEST A DISTANCE OF 260.28 FEET; THENCE NORTH 28 DEGREES 30 MINUTES 00 SECONDS EAST A DISTANCE OF 59.87 FEET; THENCE NORTH 44 DEGREES 42 MINUTES 30 SECONDS WEST A DISTANCE OF 519.21 FEET; THENCE NORTH 45 DEGREES 17 MINUTES 30 SECONDS WEST A DISTANCE OF 24.00 FEET; THENCE NORTH 44 DEGREES 42 MINUTES 30 SECONDS WEST A DISTANCE OF 110.00 FEET; THENCE NORTH 45 DEGREES 17 MINUTES 30 SECONDS WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 44 DEGREES 42 MINUTES 30 SECONDS WEST A DISTANCE OF 615.00 FEET; THENCE NORTH 0 DEGREES 17 MINUTES 30 SECONDS EAST ON A LINE PERPENDICULAR TO THE NORTH LINE OF SAID NORTH WEST QUARTER, A DISTANCE OF 543.00 FEET TO THE NORTH LINE OF SAID NORTH WEST QUARTER; THENCE SOUTH 89 DEGREES 42 MINUTES 30 SECONDS EAST ON THE NORTH LINE OF SAID NORTH WEST QUARTER, A DISTANCE OF 1055.93 FEET TO THE PLACE OF BEGINNING; EXCEPTING THEREFROM THE NORTH 30 FEET THEREOF AND ALSO EXCEPTING THEREFROM THAT PART THEREOF CONVEYED IN DEED FROM SEARS ROEBUCK AND COMPANY, TO THE STATE OF ILLINOIS, DEPARTMENT OF PUBLIC WORKS AND BUILDING DATED AUGUST 29, 1966, AND RECORDED SEPTEMBER 28, 1966 AS DOCUMENTED NUMBER 19955757 AND FILED SEPTEMBER 28, 1966 AS DOCUMENTED NUMBER LR2294057, IN COOK COUNTY, ILLINOIS.

AS CREATED BY OPERATING AGREEMENT DATED JUNE 23, 1965, A MEMORANDUM OF WHICH WAS RECORDED JULY 22, 1965 AS DOCUMENT NUMBER 19534723, AS AMENDED BY AMENDMENT DATED JUNE 15, 1984, A MEMORANDUM OF WHICH WAS RECORDED AUGUST 27, 1984 AS DOCUMENT NUMBER 27229390, AND SECONDS AMENDMENT DATED FEBRUARY 3, 1933, A MEMORANDUM OF WHICH WAS RECORDED MARCH 2, 1933 AS DOCUMENT NUMBER 93154148.

PARCEL 3:

THAT PART OF SAID NORTHWEST QUARTER WHICH IS BOTH SOUTH OF A LINE PARALLEL TO AND 2,056.78 FEET SOUTH OF THE NORTH LINE OF SAID QUARTER AND WEST OF A LINE 300 FEET EAST OF AND PARALLEL TO THE EAST LINE OF TORRENCE AVENUE;

EXCEPTING THEREFROM THAT PART OF THE LAND CONVEYED TO THE STATE OF ILLINOIS, DEPARTMENT OF PUBLIC WORKS AND BUILDINGS RECORDED AS DOCUMENT NO. 19940215.

AND EXCEPTING THAT PART OF THE LAND TAKEN IN CONDEMNATION CAST NO. 14 L 050215.

PARCEL 7:

THAT PART OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 36 NORTH, RANGE 15 EAST ON THE THIRD PRINCIPAL MERIDIAN LYING EAST OF THE LITTLE CALUMET RIVER AND WEST OF THE NORTH LINE OF THE PUBLIC SERVICE COMPANY OF ILLINOIS AS ESTABLISHED IN DEED 8393986 FALLING IN THE FOLLOWING DESCRIBED LANDS:

COMMENCING AT A POINT WHICH IS 10 CHAINS WEST OF THE NORTHEAST CORNER OF THE NORTHWEST FRACTIONAL QUARTER OF SECTION 19, IN TOWNSHIP 36, RANGE 15 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE WEST 11 CHAINS AND 34 LINKS; THENCE SOUTH 33 CHAINS AND 75 LINKS TO THE MARGIN OF THE CALUMET RIVER; THENCE ALONG THE MARGIN OF SAID RIVER IN AN EASTERLY DIRECTION UNTIL IT INTERSECTS A LINE RUNNING NORTH AND SOUTH OF THE PLACE OF BEGINNING; THENCE NORTH 40 CHAINS TO THE PLACE OF BEGINNING, ALSO KNOWN AS LOT 2 OF A SUBDIVISION OF SAID NORTHWEST QUARTER FRACTIONAL SECTION, SITUATED IN THE TOWN OF THORNTON IN THE COUNTY OF COOK, IN THE STATE OF ILLINOIS.

PARCEL 8:

RIGHTS AND EASEMENTS AS GRANTED IN THE OPERATING AGREEMENT BETWEEN SEARS, ROEBUCK AND COMPANY AND LASALLE NATIONAL BANK UNDER TRUST NUMBER 30703, GOVERNING FUTURE DEVELOPMENT AND USE OF THE PROPERTY AFFECTED THEREBY, AND PROVIDING FOR INGRESS AND EGRESS BETWEEN THE AFFECTED PARCELS AND FOR UTILITY EASEMENTS, A MEMORANDUM OF WHICH AGREEMENT WAS RECORDED JULY 22, 1965 AS DOCUMENT NUMBER 19534723 AND REGISTERED JULY 22, 1965 AS DOCUMENT LR2220909.

AMENDMENT TO SAID OPERATING AGREEMENT BETWEEN THE PARTIES ABOVE MENTIONED, A MEMORANDUM OF WHICH WAS RECORDED AUGUST 27, 1984 AS DOCUMENT 27229390 AND REGISTERED AUGUST 27, 1984 AS DOCUMENT LR3390805.

MEMORANDUM OF SECOND AMENDMENT TO OPERATING AGREEMENT DATED FEBRUARY 03, 1993 AND RECORDED MARCH 02, 1993 AS DOCUMENT NUMBER 93154148.

(b) This Section is repealed 3 years after the effective date of this amendatory Act of the 102nd General Assembly.

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