HB0654 96TH GENERAL ASSEMBLY

LRB096 07585 AJO 17680 b

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.

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 25-5-25 as follows:

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

Sec. 25-5-25. Quick-take; Kane County. Quick-take proceedings under Article 20 may be used for a period of 12 months after the effective date of this amendatory Act of the 96th General Assembly by Kane County for the acquisition of the following described properties for the purpose of road construction of the Stearns Road Corridor Project, including permanent easements and temporary easements.

PARCEL 1ST0030:

That part of the East Half of Section 1, Township 40 North, Range 8 East of the Third Principal Meridian described as follows:

Commencing at the northeast corner of the Southeast Quarter of said Section 1; thence South along the Section Line 7.67 chains; thence North 84 degrees 00 minutes West 1606.0 feet to the center line of the Elgin and St. Charles Road (also known as Dunham Road); thence North 34 degrees 19 minutes West along the tangent center line of said road and said center line extended 231.0 feet to the extended center line of Clintonville Road (now abandoned) for the point of beginning; thence North 86 degrees 35 minutes West along said center line 679.4 feet to the easterly right of way line of the Chicago, Aurora and Elgin Railway; thence northwesterly along said easterly right of way line 37.2 feet to the center line of the concrete pavement in State Route No. 25; thence northeasterly along said center line 1155.8 feet to its intersection with the center line of said Elgin and St. Charles (Dunham) Road; thence southerly and southeasterly along said last mentioned center line 888.5 feet to the extension of the center line of said Clintonville Road (now abandoned); thence North 86 degrees 35 minutes West along said extension 7.575 feet to the point of beginning, (except therefrom any part lying in the Northeast 1/4 of Section 1 aforesaid) in the Township of St. Charles, Kane County, Illinois.

Said part contains 1.667 acres, more or less, of which 0.386 acre, more or less, was previously dedicated or used for highway purposes.

PARCEL 1ST0150DED:

That part of the Northwest Quarter of Section 4, Township 40 North, Range 8, East of the Third Principal Meridian, described as follows:

Beginning at the northwest corner of said Section 4; thence easterly along the north line of the Northwest Quarter of said Section 4 on an assumed bearing of North 88 degrees 51 minutes 02 seconds East, 2313.15 feet to the southwesterly right of way line of the Chicago, Central and Pacific Railroad as per Document Number 9160 recorded November 11, 1886; thence southeasterly along said right of way line South 46 degrees 31 minutes 09 seconds East, 478.24 feet to the east line of the Northwest Quarter of said Section 4; thence southerly along said east line South 0 degrees 12 minutes 58 seconds East, 128.22 feet; thence northwesterly 1172.37 feet on a curve to the left having a radius of 1691.00 feet, the chord of said curve bears North 71 degrees 11 minutes 44 seconds West, 1149.03 feet; thence South 88 degrees 56 minutes 34 seconds West, 1419.74 feet; thence South 44 degrees 16 minutes 03 seconds West, 160.12 feet to the existing right of way line of Randall Road as per Document Number 778732 recorded April 30, 1955; thence South 89 degrees 37 minutes 06 seconds West, 40.00 feet to the west line of the Northwest Quarter of said Section 4; thence northerly along said west line North 0 degrees 22 minutes 53 seconds West, 181.64 feet to the Point of Beginning, in Kane County, Illinois.

Said part contains 6.377 acres, more or less, of which 1.733 acres, more or less, was previously dedicated or used for highway purposes.

PARCEL 1ST0101TE-B:

That part of the Southwest Quarter of Section 2, Township 40 North, Range 8 East of the Third Principal Meridian, described as follows:

Commencing at the northeast corner of said Southwest Quarter; thence on an assumed bearing of South 89 degrees 24 minutes 51 seconds West along the North line of said Southwest Quarter, 664.14 feet to the easterly right of way line of the railroad formerly known as the Carpentersville, Elgin, and Aurora Railway Company; thence South 5 degrees 24 minutes 19 seconds East along said line, 378.16 feet to a point on the southerly line of the proposed permanent roadway easement, said point also being the Point of Beginning; thence continuing South 5 degrees 24 minutes 19 seconds East along said line, 232.37 feet; thence South 84 degrees 35 minutes 41 seconds West, 50.00 feet to the westerly right of way line of said Railway; thence North 5 degrees 24 minutes 19 seconds West along said line, 144.00 feet; thence North 84 degrees 35 minutes 41 seconds East, 40.00 feet; thence North 5 degrees 24 minutes 19 seconds West, 89.87 feet; thence South 86 degrees 54 minutes 53 seconds East, 10.11 feet to the Point of Beginning, in Kane County, Illinois.

Said part containing 0.186 acre, more or less.

PARCEL 1ST0150PE:

That part of the Northwest Quarter of Section 4, Township 40 North, Range 8, East of the Third Principal Meridian, described as follows:

Commencing at the northwest corner of said Section 4; thence southerly along the west line of the Northwest Quarter of said Section 4 on an assumed bearing of South 0 degrees 22 minutes 53 seconds East, 181.64 feet; thence North 89 degrees 37 minutes 06 seconds East, 40.00 feet to the existing right of way line of Randall Road as per Document Number 778732 recorded April 30, 1955; thence North 44 degrees 16 minutes 03 seconds East along the proposed right of way, 160.12 feet; thence North 88 degrees 56 minutes 34 seconds East along said proposed right of way, 482.88 feet to the Point of Beginning; thence continuing along said proposed right of way North 88 degrees 56 minutes 34 seconds East, 820.00 feet; thence South 1 degree 03 minutes 26 seconds East, 150.00 feet; thence South 88 degrees 56 minutes 34 seconds West, 820.00 feet; thence North 1 degree 03 minutes 26 seconds West, 150.00 feet to the Point of Beginning, in Kane County, Illinois.

Said part contains 2.824 acres, more or less.

PARCEL 1ST0101PE:

That part of the Southwest Quarter of Section 2, Township 40 North, Range 8 East of the Third Principal Meridian, described as follows:

Commencing at the northeast corner of said Southwest Quarter; thence on an assumed bearing of South 89 degrees 24 minutes 51 seconds West along the North line of said Southwest Quarter, 664.14 feet to the easterly right of way line of the railroad formerly known as the Carpentersville, Elgin, and Aurora Railway Company; thence South 5 degrees 24 minutes 19 seconds East along said line, 378.16 feet to the Point of Beginning; thence North 86 degrees 54 minutes 53 seconds West, 50.55 feet to the westerly right of way line of said Railway; thence North 5 degrees 24 minutes 19 seconds West along said line, 182.00 feet; thence South 86 degrees 54 minutes 53 seconds East, 50.55 feet to said easterly right of way line; thence South 5 degrees 24 minutes 19 seconds East along said line, 182.00 feet to the Point of Beginning, in Kane County, Illinois.

Said part containing 0.209 acre, more or less.

PARCEL 1ST0150TE-1:

That part of the Northwest Quarter of Section 4, Township 40 North, Range 8, East of the Third Principal Meridian, described as follows:

Commencing at the northwest corner of said Section 4; thence southerly along the west line of the Northwest Quarter of said Section 4 on an assumed bearing of South 0 degrees 22 minutes 53 seconds East, 181.64 feet; thence North 89 degrees 37 minutes 06 seconds East, 40.00 feet to the existing right of way line of Randall Road as per Document Number 778732 recorded April 30, 1955; thence North 44 degrees 16 minutes 03 seconds East along the proposed right of way, 160.12 feet to the Point of Beginning; thence North 88 degrees 56 minutes 34 seconds East along said proposed right of way, 482.88 feet; thence South 1 degree 03 minutes 26 seconds East, 20.00 feet; thence South 88 degrees 56 minutes 34 seconds West, 503.11 feet to the proposed right of way; thence North 44 degrees 16 minutes 03 seconds East along said proposed right of way, 28.45 feet to the Point of Beginning, in Kane County, Illinois.

Said part contains 0.226 acre, more or less.

PARCEL 1ST0101TE-A:

That part of the Southwest Quarter of Section 2, Township 40 North, Range 8 East of the Third Principal Meridian, described as follows:

Commencing at the northeast corner of said Southwest Quarter; thence on an assumed bearing of South 89 degrees 24 minutes 51 seconds West along the North line of said Southwest Quarter, 664.14 feet to the easterly right of way line of the railroad formerly known as the Carpentersville, Elgin, and Aurora Railway Company; thence South 5 degrees 24 minutes 19 seconds East along said line, 71.66 feet to a point on the southerly right of way line of the Chicago, Central, and Pacific Railroad, said point also being the Point of Beginning; thence continuing South 5 degrees 24 minutes 19 seconds East along said easterly right of way line, 124.51 feet to the northerly line of the proposed permanent roadway easement; thence North 86 degrees 54 minutes 53 seconds West along said line, 10.11 feet; thence North 5 degrees 24 minutes 19 seconds West along said line, 63.82 feet; thence North 87 degrees 40 minutes 25 seconds West, 40.37 feet to the westerly right of way line of said Railway; thence North 5 degrees 24 minutes 19 seconds West along said line, 60.55 feet to the southerly right of way line of the Chicago, Central, and Pacific Railroad; thence South 87 degrees 40 minutes 25 seconds East along said line, 50.46 feet to the Point of Beginning, in Kane County, Illinois.

Said part containing 0.084 acre, more or less.

PARCEL 1ST0145PE:

That part of the Northwest Quarter of Section 4, Township 40 North, Range 8, East of the Third Principal Meridian, together with that part of the South Half of Section 33, Township 41 North, Range 8, East of the Third Principal Meridian, described as follows:

Commencing at an iron pipe at the north quarter corner of said Section 4; thence on an assumed bearing of South 0 degrees 12 minutes 58 seconds East along the East line of said Northwest Quarter, 232.40 feet to an angle point in the southwesterly right of way line of the Chicago, Central and Pacific Railroad, said point also being the point of beginning; thence continuing South 0 degrees 12 minutes 58 seconds East along said East line, 103.68 feet to an angle point in said right of way line; thence North 46 degrees 31 minutes 09 seconds West along said right of way line, 273.02 feet; thence North 28 degrees 54 minutes 24 seconds East, 37.72 feet; thence 213.25 feet on a curve to the left having a radius of 621.00 feet, the chord of said curve bears North 19 degrees 04 minutes 09 seconds East, 212.20 feet to the northeasterly right of way line of said Railroad; thence South 46 degrees 33 minutes 44 seconds East along said right of way line, 94.31 feet; thence 187.66 feet on a curve to the right having a radius of 701.00 feet, the chord of said curve bears South 21 degrees 14 minutes 16 seconds West, 187.10 feet; thence South 54 degrees 20 minutes 19 seconds East, 134.71 feet to the point of beginning, in Kane County, Illinois.

Said parcel contains 0.710 acre, more or less.

PARCEL 1ST0150TE-2:

That part of the Northwest Quarter of Section 4, Township 40 North, Range 8, East of the Third Principal Meridian, described as follows:

Commencing at the north quarter corner of said Section 4; thence southerly along the east line of the Northwest Quarter of said Section 4 on an assumed bearing of South 0 degrees 12 minutes 58 seconds East, 464.31 feet to the Point of Beginning; thence continuing along said line South 0 degrees 12 minutes 58 seconds East, 12.87 feet; thence westerly 1173.52 feet on a curve to the left having a radius of 1681.00 feet, the chord of said curve bears North 71 degrees 03 minutes 28 seconds West, 1149.83 feet; thence South 88 degrees 56 minutes 34 seconds West, 116.86 feet; thence North 1 degree 03 minutes 26 seconds West, 10.00 feet to the proposed right of way; thence North 88 degrees 56 minutes 34 seconds East along said proposed right of way, 116.86 feet; thence easterly along said proposed right of way 1172.37 feet on a curve to the right having a radius of 1691.00 feet, the chord of said curve bears South 71 degrees 11 minutes 44 seconds East, 1149.03 feet to the Point of Beginning, in Kane County, Illinois.

Said part contains 0.296 acre, more or less.

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