Illinois General Assembly - Full Text of HB2658

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Full Text of HB2658 98th General Assembly

Introduced
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HB2658 98TH GENERAL ASSEMBLY

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

HB2658 LRB098 07939 HEP 38027 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 Sections 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
8 proceedings under Article 20 may be used for a period of no
9 longer than one year from the effective date of this amendatory
10 Act of the 98th General Assembly by McHenry County for the
11 acquisition of the following described property for the purpose
12 of public improvements to serve McHenry County:

13 Route: F.A.U. 168 (Johnsburg Road)
14 Section: 05-00314-00-WR
15 County: McHenry Job No.: R-91-005-06
16 Parcel: 1HK0045
17 Sta. 58+07.09 To Sta. 58+31.89
18 Sta. 176+10.72 To Sta. 177+36.15
19 Owner: JNL-Johnsburg Properties, Inc.
20 Index No. 09-13-277-001
21 09-13-277-002

HB2658 - 2 - LRB098 07939 HEP 38027 b

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

6 Commencing at the southeast corner of the Northeast Quarter of
7 said Section 13; thence on an assumed bearing of South 89
8 degrees 15 minutes 13 seconds West along the south line of the
9 Northeast Quarter of said Section 13, as monumented and
10 occupied, a distance of 824.94 feet (825.2 feet, recorded)
11 (826.0 feet, recorded) to a point of intersection with the
12 Southerly extension of the east line of the grantor; thence
13 North 1 degree 20 minutes 53 seconds East along the said
14 Southerly extension of the east line of the grantor, a distance
15 of 132.49 feet to the northeasterly right of way line of Chapel
16 Hill Road recorded January 26, 1932 as document number 100422,
17 being also the southeast corner of the grantor; thence North 46
18 degrees 56 minutes 58 seconds West along the said northeasterly
19 right of way line of Chapel Hill Road and along the
20 northeasterly right of way line of Chapel Hill Road recorded
21 January 26, 1932 as document number 100421, a distance of
22 261.08 feet to the point of beginning; thence continuing North
23 46 degrees 56 minutes 58 seconds West along the northeasterly
24 right of way line of Chapel Hill Road recorded as document
25 number 100421, a distance of 14.94 feet to the east right of

HB2658 - 3 - LRB098 07939 HEP 38027 b

1 way line of Chapel Hill Road recorded January 26, 1932 as
2 document number 100420; thence North 2 degrees 09 minutes 50
3 seconds East along the said east right of way line of Chapel
4 Hill Road and the Northerly extension thereof, a distance of
5 64.92 feet (64.91 feet, more or less, recorded) to the center
6 line of Johnsburg Road; thence North 87 degrees 42 minutes 53
7 seconds East along the said center line of Johnsburg Road, a
8 distance of 123.08 feet; thence South 2 degrees 17 minutes 07
9 seconds East, a distance of 30.00 feet to the south right of
10 way line of Johnsburg Road according to a Plat of Survey by the
11 County Surveyor dated October 21, 1952 in Surveyor Book Number
12 5, page 204; thence South 2 degrees 48 minutes 02 seconds East,
13 a distance of 1.05 feet; thence westerly 59.83 feet along a
14 curve to the left having a radius of 987.47 feet, the chord of
15 said curve bears South 85 degrees 27 minutes 49 seconds West,
16 59.82 feet; thence South 70 degrees 14 minutes 11 seconds West,
17 a distance of 47.08 feet; thence South 22 degrees 40 minutes 19
18 seconds West, a distance of 30.69 feet to the point of
19 beginning.

20 Said parcel containing 0.117 acre, more or less, of which 0.086
21 acre, more or less, was previously dedicated or used for
22 highway 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

1 proceedings under Article 20 may be used for a period of no
2 longer than one year from the effective date of this amendatory
3 Act of the 98th General Assembly by Madison County for the
4 acquisition of the following described property for the purpose
5 of public improvements to County Highway 52 in Madison County:

6 PPN 24-1-01-24-00-000-001
7     A strip of land 50 feet wide located in the Northeast
8 Quarter of the Northwest Quarter of Section 24, Township 6
9 North, Range 10 West of the Third Principal Meridian, in the
10 Village of Godfrey, Madison County, Illinois, as shown on
11 Exhibit "A" attached hereto and more fully described as
12 follows:
13     Commencing at the northwest corner of the Northeast Quarter
14 of the Northwest Quarter of said Section 24; thence easterly
15 along the north line of said Section 24 for a distance of
16 696.49 feet; thence southerly at right angles for a distance of
17 45 feet to the Point of Beginning of the tract of land
18 described herein; thence continuing southerly along the
19 previous course for a distance of 50 feet; thence easterly at
20 right angles along a line parallel to and 95 feet south of the
21 north line of said Section 24 for a distance of 50 feet; thence
22 northerly at right angles for a distance of 50 feet; thence
23 westerly at right angles along a line parallel to and 45 feet
24 south of the north line of said Section 24 for a distance of 50
25 feet to the Point of Beginning, containing 2,500 square feet.

HB2658 - 5 - LRB098 07939 HEP 38027 b

1 PPN 24-1-01-24-00-000-001
2     A strip of land 40 feet wide located in the Northeast
3 Quarter of the Northwest Quarter of Section 24, Township 6
4 North, Range 10 West of the Third Principal Meridian, in the
5 Village of Godfrey, Madison County, Illinois, as shown on
6 Exhibit "A" attached hereto and more fully described as
7 follows:
8     Commencing at the northwest corner of the Northeast Quarter
9 of the Northwest Quarter of said Section 24; thence easterly
10 along the north line of said Section 24 for a distance of 412.5
11 feet to the northwest corner of a tract of land conveyed to
12 Thomas K. Hutchinson by deed recorded in Book 3076, Page 1922
13 in the Recorder's Office of Madison County, Illinois, which is
14 the Point of Beginning of the tract of land described herein;
15 thence continuing easterly along the north line of said Section
16 24 for a distance of 556.65 feet to the northeast corner of
17 said Hutchinson tract, which is located 412.5 feet west of the
18 northeast corner of the Northeast Quarter of the Northwest
19 Quarter of said Section 24; thence southerly along the east
20 line of said Hutchinson tract, which is parallel to the east
21 line of said quarter-quarter section, for a distance of 40.03
22 feet; thence westerly along a line parallel to and 40 feet
23 south of the north line of said Section 24 for a distance of
24 556.04 feet to the west line of said Hutchinson tract; thence
25 northerly along said west line, which is parallel to the west

HB2658 - 6 - LRB098 07939 HEP 38027 b

1 line of said quarter-quarter section, for a distance of 40.01
2 feet to the northwest corner of said Hutchinson tract and the
3 Point of Beginning, containing 22,254 square feet.

4 PPN 24-1-01-24-00-000-001
5     A strip of land 5 feet wide located in the Northeast
6 Quarter of the Northwest Quarter of Section 24, Township 6
7 North, Range 10 West of the Third Principal Meridian, in the
8 Village of Godfrey, Madison County, Illinois, as shown on
9 Exhibit "A" attached hereto and more fully described as
10 follows:
11     Commencing at the northwest corner of the Northeast Quarter
12 of the Northwest Quarter of said Section 24; thence easterly
13 along the north line of said Section 24 for a distance of
14 596.49 feet; thence southerly at right angles for a distance of
15 40 feet to the Point of Beginning of the tract of land
16 described herein; thence continuing southerly along the
17 previous course for a distance of 5 feet; thence easterly at
18 right angles along a line parallel to and 45 feet south of the
19 north line of said Section 24 for a distance of 200 feet;
20 thence northerly at right angles for a distance of 5 feet;
21 thence westerly at right angles along a line parallel to and 40
22 feet south of the north line of said Section 24 for a distance
23 of 200 feet to the Point of Beginning, containing 1,000 square
24 feet.

HB2658 - 7 - LRB098 07939 HEP 38027 b

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

HB2658 - 8 - LRB098 07939 HEP 38027 b

1 Quarter of the Northwest Quarter of said Section 24 and the
2 Point of Beginning, containing 17,500 square feet.

3 PPN 24-1-01-24-00-000-001.001
4     Two strips of land each 10 feet wide located in the
5 Northeast Quarter of the Northwest Quarter of Section 24,
6 Township 6 North, Range 10 West of the Third Principal
7 Meridian, in the Village of Godfrey, Madison County, Illinois,
8 as shown on Exhibit "A" attached hereto and more fully
9 described as follows:

10 Parcel 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

1 Parcel 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.

21 PPN 24-1-01-24-00-000-001.001
22     A strip of land located in the Northeast Quarter of the
23 Northwest Quarter of Section 24, Township 6 North, Range 10
24 West of the Third Principal Meridian, in the Village of

HB2658 - 10 - LRB098 07939 HEP 38027 b

1 Godfrey, Madison County, Illinois, as shown on Exhibit "A"
2 attached hereto and more fully described as follows:
3     Commencing at the northwest corner of the Northeast Quarter
4 of the Northwest Quarter of said Section 24; thence easterly
5 along the north line of said Section 24 for a distance of
6 285.99 feet; thence southerly at right angles for a distance of
7 50 feet to the Point of Beginning of the tract of land
8 described herein; thence deflecting to the right at an angle of
9 9 degrees 38 minutes 48 seconds for a distance of 20.87 feet;
10 thence northwesterly at right angles for a distance of 22.00
11 feet; thence northeasterly at right angles for a distance of
12 17.13 feet to a point located 50 feet south of the north line
13 of said Section 24; thence easterly along a line parallel to
14 and 50 feet south of the north line of said Section 24 for a
15 distance of 22.32 feet to the Point of Beginning, containing
16 418 square feet.

17 PPN 24-1-01-24-00-000-001.002
18     A strip of land 15 feet wide located in the Northeast
19 Quarter of the Northwest Quarter of Section 24, Township 6
20 North, Range 10 West of the Third Principal Meridian, in the
21 Village of Godfrey, Madison County, Illinois, as shown on
22 Exhibit "A" attached hereto and more fully described as
23 follows:
24     Commencing at the northeast corner of the Northeast Quarter
25 of the Northwest Quarter of said Section 24; thence westerly

HB2658 - 11 - LRB098 07939 HEP 38027 b

1 along the north line of said Section 24 for a distance of
2 285.16 feet; thence southerly at right angles for a distance of
3 50 feet to the Point of Beginning of the tract of land
4 described herein; thence continuing southerly along the
5 previous course for a distance of 15 feet; thence easterly at
6 right angles along a line parallel to and 65 feet south of the
7 north line of said Section 24 for a distance of 40 feet; thence
8 northerly at right angles for a distance of 15 feet; thence
9 westerly at right angles along a line parallel to and 50 feet
10 south of the north line of said Section 24 for a distance of 40
11 feet to the Point of Beginning, containing 600 square feet.

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

HB2658 - 12 - LRB098 07939 HEP 38027 b

1 line of said quarter-quarter section, for a distance of 40.03
2 feet to the Point of Beginning of the tract of land described
3 herein; thence continuing southerly along said west line for a
4 distance of 10.01 feet; thence easterly along a line parallel
5 to and 50 feet south of the north line of said Section 24 for a
6 distance of 129.12 feet; thence northerly at right angles for a
7 distance of 10 feet; thence westerly at right angles along a
8 line parallel to and 40 feet south of the north line of said
9 Section 24 for a distance of 128.76 feet to the Point of
10 Beginning, containing 1,290 square feet.

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

HB2658 - 13 - LRB098 07939 HEP 38027 b

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

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

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