093_SB1054enr

 
SB1054 Enrolled                      LRB093 06226 DRH 11472 b

 1        AN ACT concerning highways.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Illinois  Highway  Code  is amended by
 5    changing Section 9-113 as follows:

 6        (605 ILCS 5/9-113) (from Ch. 121, par. 9-113)
 7        Sec. 9-113. (a)  No ditches, drains, track, rails, poles,
 8    wires, pipe line or other equipment  of  any  public  utility
 9    company,  municipal  corporation  or  other public or private
10    corporation, association or person shall be  located,  placed
11    or  constructed upon, under or along any highway, or upon any
12    township  or  district  road,  without  first  obtaining  the
13    written consent  of  the  appropriate  highway  authority  as
14    hereinafter provided for in this Section.
15        (b)  The   State   and  county  highway  authorities  are
16    authorized to  promulgate  reasonable  and  necessary  rules,
17    regulations,   and   specifications   for  highways  for  the
18    administration  of  this  Section.  In  addition   to   rules
19    promulgated  under  this  subsection  (b),  the State highway
20    authority shall and a  county  highway  authority  may  adopt
21    coordination  strategies  and practices designed and intended
22    to establish and implement effective communication respecting
23    planned highway projects that the  State  or  county  highway
24    authority   believes  may  require  removal,  relocation,  or
25    modification  in  accordance  with  subsection  (f)  of  this
26    Section.  The strategies and practices adopted shall  include
27    but  need  not be limited to the delivery of 5 year programs,
28    annual  programs,  and  the  establishment  of   coordination
29    councils  in  the  locales and with the utility participation
30    that will best facilitate and accomplish the requirements  of
31    the   State   and   county  highway  authority  acting  under
 
SB1054 Enrolled             -2-      LRB093 06226 DRH 11472 b
 1    subsection (f) of this  Section.  The  utility  participation
 2    shall  include assisting the appropriate highway authority in
 3    establishing a  schedule  for  the  removal,  relocation,  or
 4    modification  of  the  owner's  facilities in accordance with
 5    subsection (f) of this Section.  In  addition,  each  utility
 6    shall designate in writing to the Secretary of Transportation
 7    or  his  or her designee an agent for notice and the delivery
 8    of programs. The coordination councils must be established on
 9    or before January 1, 2002.  The 90 day deadline for  removal,
10    relocation,  or  modification  of the ditches, drains, track,
11    rails,  poles,  wires,  pipe  line,  or  other  equipment  in
12    subsection (f) of this Section shall be enforceable upon  the
13    establishment  of  a  coordination council in the district or
14    locale where  the  property  in  question  is  located.   The
15    coordination councils organized by a county highway authority
16    shall  include the county engineer, the County Board Chairman
17    or his or her designee, and with such  utility  participation
18    as  will best facilitate and accomplish the requirements of a
19    highway  authority  acting  under  subsection  (f)  of   this
20    Section.   Should  a  county  highway authority decide not to
21    establish coordination councils,  the  90  day  deadline  for
22    removal, relocation, or modification of  the ditches, drains,
23    track,  rails, poles, wires, pipe line, or other equipment in
24    subsection (f) of this Section  shall  be  waived  for  those
25    highways.
26        (c)  In   the   case   of   non-toll   federal-aid  fully
27    access-controlled State highways, the State highway authority
28    shall  not  grant  consent  to  the  location,  placement  or
29    construction of ditches, drains, track, rails, poles,  wires,
30    pipe  line  or  other equipment upon, under or along any such
31    non-toll federal-aid fully access-controlled  State  highway,
32    which:
33             (1)  would  require  cutting  the pavement structure
34        portion of such highway for installation  or,  except  in
 
SB1054 Enrolled             -3-      LRB093 06226 DRH 11472 b
 1        the  event  of an emergency, would require the use of any
 2        part  of  such  highway  right-of-way  for  purposes   of
 3        maintenance or repair.  Where, however, the State highway
 4        authority  determines prior to installation that there is
 5        no other  access  available  for  maintenance  or  repair
 6        purposes,  use by the entity of such highway right-of-way
 7        shall be permitted for such purposes in strict accordance
 8        with the rules, regulations  and  specifications  of  the
 9        State highway authority, provided however, that except in
10        the  case of access to bridge structures, in no such case
11        shall  an   entity   be   permitted   access   from   the
12        through-travel  lanes, shoulders or ramps of the non-toll
13        federal-aid  fully  access-controlled  State  highway  to
14        maintain or repair its accommodation; or
15             (2)  would in the  judgment  of  the  State  highway
16        authority,  endanger  or impair any such ditches, drains,
17        track, rails, poles, wires, pipe lines or other equipment
18        already in place; or
19             (3)  would, if installed longitudinally  within  the
20        access  control  lines  of  such highway, be above ground
21        after  installation  except  that   the   State   highway
22        authority  may  consent  to any above ground installation
23        upon, under or along any  bridge,  interchange  or  grade
24        separation  within the right-of-way which installation is
25        otherwise in compliance with this Section and any  rules,
26        regulations or specifications issued hereunder; or
27             (4)  would  be inconsistent with Federal law or with
28        rules, regulations or directives of  appropriate  Federal
29        agencies.
30        (d)  In  the  case of accommodations upon, under or along
31    non-toll federal-aid fully access-controlled  State  highways
32    the  State  highway authority may charge an entity reasonable
33    compensation for the right of that entity  to  longitudinally
34    locate,  place  or  construct  ditches, drains, track, rails,
 
SB1054 Enrolled             -4-      LRB093 06226 DRH 11472 b
 1    poles, wires, pipe line or other  equipment  upon,  under  or
 2    along  such  highway.   Such compensation may include in-kind
 3    compensation.
 4        Where  the  entity  applying  for  use  of   a   non-toll
 5    federal-aid    fully    access-controlled    State    highway
 6    right-of-way   is   a   public   utility  company,  municipal
 7    corporation  or  other   public   or   private   corporation,
 8    association  or person, such compensation shall be based upon
 9    but shall not exceed  a  reasonable  estimate  by  the  State
10    highway  authority of the fair market value of an easement or
11    leasehold for such use of the highway right-of-way. Where the
12    State highway authority determines that the  applied-for  use
13    of  such  highway right-of-way is for private land uses by an
14    individual and not for commercial purposes, the State highway
15    authority may charge a lesser fee than  would  be  charged  a
16    public utility company, municipal corporation or other public
17    or private corporation or association as compensation for the
18    use of the non-toll federal-aid fully access-controlled State
19    highway  right-of-way.   In no case shall the written consent
20    of the State highway authority give or be construed  to  give
21    any entity any easement, leasehold or other property interest
22    of  any  kind  in,  upon,  under, above or along the non-toll
23    federal-aid    fully    access-controlled    State    highway
24    right-of-way.
25        Where the compensation from any entity is in whole or  in
26    part  a  fee, such fee may be reasonably set, at the election
27    of the State highway authority, in the form of a single  lump
28    sum  payment or a schedule of payments. All such fees charged
29    as compensation may be reviewed and adjusted  upward  by  the
30    State  highway authority once every 5 years provided that any
31    such adjustment shall be based on changes in the fair  market
32    value  of  an  easement  or  leasehold  for  such  use of the
33    non-toll federal-aid fully  access-controlled  State  highway
34    right-of-way.   All such fees received as compensation by the
 
SB1054 Enrolled             -5-      LRB093 06226 DRH 11472 b
 1    State highway authority shall be deposited in the Road Fund.
 2        (e)  Any entity applying for consent  shall  submit  such
 3    information  in  such  form  and  detail  to  the appropriate
 4    highway authority as to allow the authority to  evaluate  the
 5    entity's  application.   In  the case of accommodations upon,
 6    under or along non-toll federal-aid  fully  access-controlled
 7    State  highways  the  entity  applying for such consent shall
 8    reimburse  the  State  highway  authority  for  all  of   the
 9    authority's  reasonable  expenses in evaluating that entity's
10    application, including but not  limited  to  engineering  and
11    legal fees.
12        (f)  Any  ditches,  drains,  track,  rails, poles, wires,
13    pipe line, or other equipment located, placed, or constructed
14    upon, under, or along a highway with the consent of the State
15    or county highway authority under this  Section  shall,  upon
16    written  notice  by  the State or county highway authority be
17    removed, relocated, or modified by  the  owner,  the  owner's
18    agents,  contractors, or employees at no expense to the State
19    or county highway authority when and as deemed  necessary  by
20    the  State or county highway authority for highway or highway
21    safety purposes. The notice shall be properly given after the
22    completion of engineering plans, the receipt of the necessary
23    permits issued by the appropriate State  and  county  highway
24    authority  to begin work, and the establishment of sufficient
25    rights-of-way for a given utility authorized by the State  or
26    county   highway   authority   to   remain   on  the  highway
27    right-of-way such that the unit of local government or  other
28    owner  of  any facilities receiving notice in accordance with
29    this subsection (f) can proceed with  relocating,  replacing,
30    or  reconstructing  the ditches, drains, track, rails, poles,
31    wires,  pipe  line,  or  other  equipment.    If   a   permit
32    application to relocate on a public right-of-way is not filed
33    within 15 days of the receipt of final engineering plans, the
34    notice  precondition  of  a  permit  to begin work is waived.
 
SB1054 Enrolled             -6-      LRB093 06226 DRH 11472 b
 1    However, under no circumstances shall this  notice  provision
 2    be   construed   to  require  the  State  or  any  government
 3    department or agency to purchase additional rights-of-way  to
 4    accommodate  utilities.  If,  within 90 days after receipt of
 5    such written  notice,  the  ditches,  drains,  track,  rails,
 6    poles,  wires,  pipe  line,  or other equipment have not been
 7    removed,   relocated,   or   modified   to   the   reasonable
 8    satisfaction of the State or county highway authority, or  if
 9    arrangements are not made satisfactory to the State or county
10    highway   authority   for   such   removal,   relocation,  or
11    modification, the  State  or  county  highway  authority  may
12    remove,  relocate,  or  modify  such  ditches, drains, track,
13    rails, poles, wires, pipe line, or other equipment  and  bill
14    the  owner  thereof  for  the  total  cost  of  such removal,
15    relocation, or modification. The scope of the  project  shall
16    be  taken  into  consideration by the State or county highway
17    authority in determining satisfactory arrangements. The State
18    or county highway authority  shall  determine  the  terms  of
19    payment  of those costs provided that all costs billed by the
20    State or county highway authority shall not be  made  payable
21    over  more than a 5 year period from the date of billing. The
22    State and county highway authority shall have  the  power  to
23    extend the time of payment in cases of demonstrated financial
24    hardship  by a unit of local government or other public owner
25    of any facilities removed, relocated, or  modified  from  the
26    highway  right-of-way in accordance with this subsection (f).
27    This paragraph shall not be construed to prohibit  the  State
28    or  county highway authority from paying any part of the cost
29    of removal, relocation, or modification where such payment is
30    otherwise  provided  for  by  State  or  federal  statute  or
31    regulation. At any time within 90 days after  written  notice
32    was  given,  the  owner  of  the drains, track, rails, poles,
33    wires, pipe line, or other equipment may request the district
34    engineer or, if appropriate, the county engineer for a waiver
 
SB1054 Enrolled             -7-      LRB093 06226 DRH 11472 b
 1    of the 90 day deadline. The appropriate  district  or  county
 2    engineer  shall  make  a decision concerning waiver within 10
 3    days of receipt of the request  and  may  waive  the  90  day
 4    deadline  if  he  or  she  makes  a written finding as to the
 5    reasons for waiving the deadline.  Reasons  for  waiving  the
 6    deadline  shall  be limited to acts of God, war, the scope of
 7    the project, the State failing to follow  the  proper  notice
 8    procedure,  and  any other cause beyond reasonable control of
 9    the owner of the facilities.  Waiver must not be unreasonably
10    withheld.  If 90 days after written  notice  was  given,  the
11    ditches,  drains,  track,  rails, poles, wires, pipe line, or
12    other equipment have not been removed, relocated, or modified
13    to the satisfaction of the State or county highway authority,
14    no waiver of deadline has been requested  or  issued  by  the
15    appropriate  district or county engineer, and no satisfactory
16    arrangement has been  made  with  the  appropriate  State  or
17    county   highway  authority,  the  State  or  county  highway
18    authority or the general contractor of the  building  project
19    may  file  a  complaint in the circuit court for an emergency
20    order to direct and compel the owner to remove, relocate,  or
21    modify  the drains, track, rails, poles, wires, pipe line, or
22    other  equipment  to  the  satisfaction  of  the  appropriate
23    highway authority.  The  complaint  for  an  order  shall  be
24    brought  in  the  circuit  in which the subject matter of the
25    complaint is situated  or,  if  the  subject  matter  of  the
26    complaint is situated in more than one circuit, in any one of
27    those circuits.
28        (g)  It  shall  be the sole responsibility of the entity,
29    without expense to the State highway authority,  to  maintain
30    and  repair  its ditches, drains, track, rails, poles, wires,
31    pipe line or other equipment after it is located,  placed  or
32    constructed  upon, under or along any State highway and in no
33    case shall the State highway authority thereafter  be  liable
34    or  responsible to the entity for any damages or liability of
 
SB1054 Enrolled             -8-      LRB093 06226 DRH 11472 b
 1    any kind whatsoever incurred by the entity or to the entity's
 2    ditches, drains, track, rails, poles,  wires,  pipe  line  or
 3    other equipment.
 4        (h)  Except as provided in subsection (h-1), upon receipt
 5    of  an  application therefor, consent to so use a highway may
 6    be  granted  subject  to  such  terms  and   conditions   not
 7    inconsistent  with  this  Code as the highway authority deems
 8    for the best interest of the public. The terms and conditions
 9    required by the appropriate highway authority may include but
10    need not be limited to participation  by  the  party  granted
11    consent   in  the  strategies  and  practices  adopted  under
12    subsection (b) of this Section. The petitioner shall  pay  to
13    the  owners  of  property abutting upon the affected highways
14    established as though by common  law  plat  all  damages  the
15    owners may sustain by reason of such use of the highway, such
16    damages  to be ascertained and paid in the manner provided by
17    law for the exercise of the right of eminent domain.
18        (h-1)  With regard to any public utility, as  defined  in
19    Section  3-105 of the Public Utilities Act, engaged in public
20    water or public sanitary sewer service that comes  under  the
21    jurisdiction   of  the  Illinois  Commerce  Commission,  upon
22    receipt of an application  therefor,  consent  to  so  use  a
23    highway  may  be granted subject to such terms and conditions
24    not inconsistent with this  Code  as  the  highway  authority
25    deems  for  the  best  interest  of the public. The terms and
26    conditions required by the appropriate highway authority  may
27    include but need not be limited to participation by the party
28    granted consent in the strategies and practices adopted under
29    subsection (b) of this Section. If the highway authority does
30    not  have fee ownership of the property, the petitioner shall
31    pay  to  the  owners  of  property  located  in  the  highway
32    right-of-way all damages the owners may sustain by reason  of
33    such  use  of the highway, such damages to be ascertained and
34    paid in the manner provided by law for the  exercise  of  the
 
SB1054 Enrolled             -9-      LRB093 06226 DRH 11472 b
 1    right  of  eminent  domain.  The  consent shall not otherwise
 2    relieve the entity granted that  consent  from  obtaining  by
 3    purchase,  condemnation,  or otherwise the necessary approval
 4    of any owner of the fee over or under which  the  highway  or
 5    road  is located, except to the extent that no such owner has
 6    paid real estate taxes on the property for the 2 years  prior
 7    to  the  grant of the consent.  Owners of property that abuts
 8    the right-of-way but who  acquired  the  property  through  a
 9    conveyance   that  either  expressly  excludes  the  property
10    subject to the right-of-way or that  describes  the  property
11    conveyed  as  ending  at the right-of-way or being bounded by
12    the right-of-way or road shall not be  considered  owners  of
13    property  located  in  the  right-of-way  and  shall  not  be
14    entitled  to  damages  by reason of the use of the highway or
15    road for utility purposes, except that this  provision  shall
16    not relieve the public utility from the obligation to pay for
17    any  physical  damage  it  causes  to  improvements  lawfully
18    located  in  the  right-of-way.  Owners  of abutting property
19    whose descriptions include  the  right-of-way  but  are  made
20    subject to the right-of-way shall be entitled to compensation
21    for  use  of the right-of-way. If the property subject to the
22    right-of-way is not owned  by  the  owners  of  the  abutting
23    property  (either  because  it is expressly excluded from the
24    property conveyed  to  an  abutting  property  owner  or  the
25    property   as   conveyed   ends  at  or  is  bounded  by  the
26    right-of-way or road), then  the  petitioner  shall  pay  any
27    damages,  as so calculated, to the person or persons who have
28    paid real estate taxes for the property as reflected  in  the
29    county  tax records. If no person has paid real estate taxes,
30    then the public interest  permits  the  installation  of  the
31    facilities  without payment of any damages. This provision of
32    this amendatory Act of the 93rd General Assembly is  intended
33    to clarify, by codification, existing law and is not intended
34    to change the law.
 
SB1054 Enrolled             -10-     LRB093 06226 DRH 11472 b
 1        (i)  Such  consent  shall be granted by the Department in
 2    the case of a State highway;  by  the  county  board  or  its
 3    designated county superintendent of highways in the case of a
 4    county  highway;  by  either  the highway commissioner or the
 5    county superintendent of highways in the case of  a  township
 6    or  district road, provided that if consent is granted by the
 7    highway commissioner, the petition shall be  filed  with  the
 8    commissioner  at  least 30 days prior to the proposed date of
 9    the beginning of construction, and that if written consent is
10    not given by the commissioner within  30 days  after  receipt
11    of  the  petition, the applicant may make written application
12    to the county superintendent of highways for consent  to  the
13    construction.  This  Section  does  not  vitiate,  extend  or
14    otherwise  affect  any consent granted in accordance with law
15    prior to the effective date  of  this  Code  to  so  use  any
16    highway.
17        (j)  Nothing  in  this Section shall limit the right of a
18    highway  authority  to  permit  the  location,  placement  or
19    construction or any ditches,  drains,  track,  rails,  poles,
20    wires,  pipe line or other equipment upon, under or along any
21    highway or road as a part of its highway or  road  facilities
22    or  which  the  highway  authority determines is necessary to
23    service facilities required  for  operating  the  highway  or
24    road, including rest areas and weigh stations.
25        (k)  Paragraphs  (c)  and  (d)  of this Section shall not
26    apply to any accommodation  located,  placed  or  constructed
27    with  the  consent of the State highway authority upon, under
28    or along any  non-toll  federal-aid  fully  access-controlled
29    State   highway   prior   to  July  1,  1984,  provided  that
30    accommodation was otherwise in  compliance  with  the  rules,
31    regulations   and   specifications   of   the  State  highway
32    authority.
33        (l)  Except as provided in subsection (l-1), the  consent
34    to  be  granted  pursuant  to this Section by the appropriate
 
SB1054 Enrolled             -11-     LRB093 06226 DRH 11472 b
 1    highway authority shall be effective only to  the  extent  of
 2    the  property interest of the State or government unit served
 3    by that highway authority. Such consent shall not be  binding
 4    on  any  owner  of the fee over or under which the highway or
 5    road is located and shall not otherwise  relieve  the  entity
 6    granted that consent from obtaining by purchase, condemnation
 7    or  otherwise  the necessary approval of any owner of the fee
 8    over or under which the highway  or  road  is  located.  This
 9    paragraph  shall  not be construed as a limitation on the use
10    for highway or road purposes of the land  or  other  property
11    interests   acquired  by  the  public  for  highway  or  road
12    purposes,  including  the   space   under   or   above   such
13    right-of-way.
14        (l-1)  With  regard  to any public utility, as defined in
15    Section 3-105 of the Public Utilities Act, engaged in  public
16    water  or  public sanitary sewer service that comes under the
17    jurisdiction of the Illinois Commerce Commission, the consent
18    to be granted pursuant to this  Section  by  the  appropriate
19    highway  authority  shall  be effective only to the extent of
20    the property interest of the State or government unit  served
21    by  that highway authority. Such consent shall not be binding
22    on any owner of the fee over or under which  the  highway  or
23    road is located but shall be binding on any abutting property
24    owner whose property boundary ends at the right-of-way of the
25    highway  or  road.    For purposes of the preceding sentence,
26    property that includes a portion of a highway or road but  is
27    subject to the highway or road shall not be considered to end
28    at  the  highway  or  road.  The  consent shall not otherwise
29    relieve the entity granted that  consent  from  obtaining  by
30    purchase, condemnation or otherwise the necessary approval of
31    any  owner of the fee over or under which the highway or road
32    is located, except to the extent that no such owner has  paid
33    real  estate  taxes  on the property for the 2 years prior to
34    the grant of the consent. This provision is not  intended  to
 
SB1054 Enrolled             -12-     LRB093 06226 DRH 11472 b
 1    absolve  a utility from obtaining consent from a lawful owner
 2    of the roadway or highway property (i.e. a person whose  deed
 3    of  conveyance lawfully includes the property, whether or not
 4    made subject to the highway or road) but  who  does  not  pay
 5    taxes  by  reason of Division 6 of Article 10 of the Property
 6    Tax  Code.  This  paragraph  shall  not  be  construed  as  a
 7    limitation on the use for highway or  road  purposes  of  the
 8    land  or  other property interests acquired by the public for
 9    highway or road purposes, including the space under or  above
10    such right-of-way.
11        (m)  The  provisions of this Section apply to all permits
12    issued   by   the  Department  of  Transportation   and   the
13    appropriate State or county highway authority.
14    (Source: P.A. 92-470, eff. 1-1-02.)

15        Section  10.   The Conveyances Act is amended by changing
16    Section 7a as follows:

17        (765 ILCS 5/7a) (from Ch. 30, par. 6a)
18        Sec. 7a.  (a) Except as provided in subsection  (b),  any
19    instrument,  including  a  will,  which  conveys,  transfers,
20    encumbers,  leases  or  releases, or by which an agreement is
21    made to convey, transfer, encumber, lease or release,  or  by
22    virtue  of  which there is conveyed, transferred, encumbered,
23    leased or released, any real property, whether described by a
24    metes and bounds description or otherwise, which  abuts  upon
25    any  road, street, highway or alley, or upon any abandoned or
26    vacated road, street, highway or alley shall  be  deemed  and
27    construed  to  include  any  right, title or interest in that
28    part of  such  road,  street,  highway  or  alley  which  the
29    abutting  owner who makes any such instrument shall presently
30    have or, which such owner, his heirs, successors and  assigns
31    subsequently  acquires in such road, street, highway or alley
32    unless such instrument by its terms  expressly  excludes,  in
 
SB1054 Enrolled             -13-     LRB093 06226 DRH 11472 b
 1    the  description  of the property, such road, street, highway
 2    or alley. The right, title or interest  acquired  under  such
 3    instrument  in such road, street, highway or alley, by virtue
 4    of the provisions of this Act, shall be deemed and  construed
 5    to  be  for  the  same  uses  and  purposes set forth in such
 6    instrument with respect to  the  real  property  specifically
 7    described   in  the  instrument.  However,  no  covenants  or
 8    agreements made by the maker  of  any  such  instrument  with
 9    respect  to  any  real  property specifically described shall
10    apply to or be enforceable with respect to any  right,  title
11    or  interest  which  is  acquired  solely  by  virtue  of the
12    provisions of this Act.
13        (b)  With regard to any public  utility,  as  defined  in
14    Section  3-105 of the Public Utilities Act, engaged in public
15    water or public sanitary sewer service that comes  under  the
16    jurisdiction   of   the  Illinois  Commerce  Commission,  any
17    instrument,  including  a  will,  which  conveys,  transfers,
18    encumbers, leases or releases, or by which  an  agreement  is
19    made  to  convey, transfer, encumber, lease or release, or by
20    virtue of which there is conveyed,  transferred,  encumbered,
21    leased or released, any real property, whether described by a
22    metes  and  bounds description or otherwise, which abuts upon
23    any road, street, highway or alley, or upon any abandoned  or
24    vacated  road,  street,  highway or alley shall be deemed and
25    construed to include any right, title  or  interest  in  that
26    part  of  such  road,  street,  highway  or  alley  which the
27    abutting owner who makes any such instrument shall  presently
28    have  or, which such owner, his heirs, successors and assigns
29    subsequently acquires in such road, street, highway or  alley
30    unless  such  instrument  by its terms expressly excludes, in
31    the description of the property, such road,  street,  highway
32    or  alley.  The  right, title or interest acquired under such
33    instrument in such road, street, highway or alley, by  virtue
34    of  the provisions of this Act, shall be deemed and construed
 
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 1    to be for the same  uses  and  purposes  set  forth  in  such
 2    instrument  with  respect  to  the real property specifically
 3    described  in  the  instrument.  However,  no  covenants   or
 4    agreements  made  by  the  maker  of any such instrument with
 5    respect to any real  property  specifically  described  shall
 6    apply  to or be enforceable with respect to any right, title,
 7    or interest  which  is  acquired  solely  by  virtue  to  the
 8    provisions  of  this  Act.  "Conveyance" expressly excludes a
 9    road, street, highway, or alley if the legal  description  of
10    the  property uses the boundary of the road, street, highway,
11    or alley closest to the property being conveyed as a boundary
12    of the property being conveyed or expressly states  that  the
13    road, street, highway, or alley is excepted from the property
14    being  conveyed.  A  conveyance  does not expressly exclude a
15    road,  street,  highway,  or  alley  if  the  conveyance   is
16    described as being "subject to" the road, street, highway, or
17    alley.  The  rights  accruing  in the abutting property owner
18    under this Act shall be subject  to  all  existing  uses  and
19    easements  located  within the right-of-way; the rights shall
20    also be subject to such future uses and easements as  may  be
21    permitted  to  be  located  within the right-of-way under the
22    provisions of the Illinois  Highway  Code  or  any  successor
23    statute  thereto.   This  provision of this amendatory Act of
24    the  93rd  General  Assembly  is  intended  to  clarify,   by
25    codification,  existing law and is not intended to change the
26    law.
27    (Source: P.A. 76-1660.)