SB1258eng 100TH GENERAL ASSEMBLY

SB1258 Engrossed LRB100 09070 HEP 19221 b

AN ACT concerning property.

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

Section 5. The Director of the Department of Natural Resources, on behalf of the State of Illinois, is authorized to execute and deliver to the Fox Waterway Agency, a special-purpose unit of local government organized and existing under the laws of this State, for and in consideration of $1 paid to the Department, a quit claim deed to the following described real property:

Site R-15 A tract conveyed to the State of Illinois, Department of Transportation, Division of Water Resources (now Department of Natural Resources) by Document No. 91R016102, dated May 9, 1991 in County of McHenry, State of Illinois, description as follows:

That part of the Northeast fraction of the Northwest Quarter (on the East bank of the Fox River) of Section 32, Township 44 North, Range 9 East of the Third Principal Meridian, described as follows: Beginning at the Northeast corner of said Northwest Quarter and running thence South along the East line thereof for a distance of 200 feet to a point; thence West parallel with the North line of said Northwest Quarter for a distance of 1040 feet to a point; thence Southwesterly on a line forming an angle of 55 degrees and 30 minutes to the left with a prolongation of the last described line, at the last described point, for a distance of 575 feet to a point, (said line hereinafter known as line "B"), to a point; thence Southwesterly on a line forming an angle of 28 degrees and 00 minutes to the right with a prolongation of the last described line, at the last described point, for a distance of 260 feet, more or less, to the Easterly shore line of the Fox River; thence Northwesterly on the Easterly shore line of the Fox River for a distance of 110 feet to a point; thence Northeasterly for a distance of 246 feet, more or less, to a point on a line drawn 50 feet Northwesterly of and parallel with said line "E" as previously described herein; thence Northeasterly on a line 50 feet Northwesterly of and parallel with said line "B" for a distance of 580 feet, more or less, to a point, said point being 150 feet South of and parallel with the North line of the Northwest Quarter of said Section 32; thence East on the last mentioned parallel line for a distance of 275 feet, more or less, to a point on a line drawn 790 feet West of and parallel with the East line of said Northwest quarter; thence North on the last mentioned parallel line for a distance of 150 feet to a point on the North line of said Northwest Quarter; thence East 790 feet to the Place of Beginning in McHenry County, Illinois.

ALSO an easement for ingress and egress over that part thereof described as the East 60 feet of the North 200 feet of the Northwest Quarter of Section 32 Township 44 North, Range 9, East of the Third Principal Meridian, in McHenry County, Illinois.

ALSO a 60 foot easement for ingress and egress over that part of the Northwest Quarter of Section 32, Township 44 North, Range 9, East of the Third Principal Meridian, the center line of said easement being described as beginning at the Southeast corner of a certain deed recorded in the recorder's office of McHenry County, Illinois in Book 441 of Deeds, Page 157 as Document number 275452 and running South and Southeasterly parallel with the shore line of the Fox River to the most Southeasterly line of a tract of land (said Southeasterly line being located 350 feet Northwesterly of and parallel with line "A" as mentioned and described herein. Situated in the County of McHenry and in the State of Illinois.

A tract conveyed to the State of Illinois, Department of Transportation, Division of Water Resources (now Department of Natural Resources) by Document No. 91R012191, dated February 21, 1991 in County of McHenry, State of Illinois, description as follows:

A parcel of land comprised of the Southwest Quarter of the Southeast Quarter of Section 29, Township 44 North, Range 9 East of the Third Principal Meridian, described as follows: Beginning at the Southeast corner of said Southwest Quarter of the Southeast Quarter of Section 29 (said point being on the South line of said Section 29 as described in Document No. 77847 and 1325.30 feet West of the Southeast of said Section 29); thence South 89 degrees 21 minutes 28 seconds West along the South line of said Section 29, 1322.01 feet; thence North 00 degrees 15 minutes 57 seconds West, 1311.43 feet; thence North 89 degrees 28 minutes 25 seconds East, 1315.01 feet; thence South 00 degrees 34 minutes 19 seconds East, 1308.75 feet to the Point of Beginning; containing 39.655 acres, more or less, in McHenry County, Illinois.

A Permanent Easement conveyed to the State of Illinois, Department of Transportation, Division of Water Resources (now Department of Natural Resources) by Document No. 91047610, dated November 6, 1991 in County of McHenry, State of Illinois, description as follows:

All that part of the Northwest Quarter of the Northeast Quarter of Section 32, Township 44 North, Range 9 East of the Third Principal Meridian in McHenry County, Illinois, Described as follows:

Beginning at the Northwest corner of the Northeast Quarter of Section 32; thence South 00 degrees 57 minutes 13 seconds East along the West line of said Northeast Quarter, 30.00 feet; thence South 89 degrees 21 minutes 28 seconds East, 50.00 feet; thence North 00 degrees 57 minutes 13 seconds East, 30.00 feet to a point in the North line of said Section 32; thence North 89 degrees 21 minutes 28 seconds West along said Section line 50.00 feet to the Point of Beginning, containing 0.0344 acres more or less.

Site R-16 A tract conveyed to the State of Illinois, Department of Transportation, Division of Water Resources (now Department of Natural Resources) by Document No. 89R028726, dated July 11, 1989 in County of McHenry, State of Illinois, description as follows:

Lots 1, 11 and 12, in Block 3 and Lot 28 in Block 4, all in Holiday Hills Unit No. 3, being a subdivision of part of the West Half of Fractional Section 18, Township 44 North, Range 9 East of the Third Principal Meridian, lying on the Easterly side of the Fox River, according to the plat thereof recorded September 26, 1955, as Document No. 298208, in Book 12 of Plats, Pages 52 and 53, in McHenry County, Illinois.

A tract conveyed to the State of Illinois, Department of Transportation, Division of Water Resources (now Department of Natural Resources) by Document No. 89R028725, dated August 31, 1989 in County of McHenry, State of Illinois, description as follows:

Lot 2, Block 3, Holiday Hills Unit No. 3, being a subdivision of part of the West Half of Fractional Section 18, Township 44 North, Range 9 East of the Third Principal Meridian, lying on the Easterly side of the Fox River, according to the plat thereof recorded September 26, 1955, as Document No. 298208, in Book 12 of Plats, Pages 52 and 53, in McHenry County, Illinois.

A tract conveyed to the State of Illinois, Department of Transportation, Division of Water Resources (now Department of Natural Resources) by Document No. 89R032634, dated July 13, 1989 in County of McHenry, State of Illinois, description as follows:

Lots 3 and 4, Block 3, Holiday Hills Unit No. 3, being a subdivision of part of the West Half of Fractional Section 18, Township 44 North, Range 9 East of the Third Principal Meridian, lying on the Easterly side of the Fox River, according to the plat thereof recorded September 26, 1955, as Document No. 298208, in Book 12 of Plats, Pages 52 and 53, in McHenry County, Illinois.

A tract conveyed to the State of Illinois, Department of Transportation, Division of Water Resources (now Department of Natural Resources) by Document No. 89R032632, dated July 11, 1989 in County of McHenry, State of Illinois, description as follows:

Lot 5, Block 3, Holiday Hills Unit No. 3, being a subdivision of part of the West Half of Fractional Section 18, Township 44 North, Range 9 East of the Third Principal Meridian, lying on the Easterly side of the Fox River, according to the plat thereof recorded September 26, 1955, as Document No. 298208, in Book 12 of Plats, Pages 52 and 53, in McHenry County, Illinois.

A tract conveyed to the State of Illinois, Department of Transportation, Division of Water Resources (now Department of Natural Resources) by Document No. 89R028722, dated July 10, 1989 in County of McHenry, State of Illinois, description as follows:

Lot 6, Block 3, Holiday Hills Unit No. 3, being a subdivision of part of the West Half of Fractional Section 18, Township 44 North, Range 9 East of the Third Principal Meridian, lying on the Easterly side of the Fox River, according to the plat thereof recorded September 26, 1955, as Document No. 298208, in Book 12 of Plats, Pages 52 and 53, in McHenry County, Illinois.

A tract conveyed to the State of Illinois, Department of Transportation, Division of Water Resources (now Department of Natural Resources) by Judgement Order, Case No. 89ED3, dated March 30, 1990 in County of McHenry, State of Illinois, description as follows:

Lot 7, Block 3, Holiday Hills Unit No. 3, being a subdivision of part of the West Half of Fractional Section 18, Township 44 North, Range 9 East of the Third Principal Meridian, lying on the Easterly side of the Fox River, according to the plat thereof recorded September 26, 1955, as Document No. 298208, in Book 12 of Plats, Pages 52 and 53, in McHenry County, Illinois.

A tract conveyed to the State of Illinois, Department of Transportation, Division of Water Resources (now Department of Natural Resources) by Document No. 89R028723, dated August 24, 1989 in County of McHenry, State of Illinois, description as follows:

Lot 8, Block 3, Holiday Hills Unit No. 3, being a subdivision of part of the West Half of Fractional Section 18, Township 44 North, Range 9 East of the Third Principal Meridian, lying on the Easterly side of the Fox River, according to the plat thereof recorded September 26, 1955, as Document No. 298208, in Book 12 of Plats, Pages 52 and 53, in McHenry County, Illinois.

A tract conveyed to the State of Illinois, Department of Transportation, Division of Water Resources (now Department of Natural Resources) by Document No. 89R032633, dated August 30, 1989 in County of McHenry, State of Illinois, description as follows:

Lot 9, Block 3, Holiday Hills Unit No. 3, being a subdivision of part of the West Half of Fractional Section 18, Township 44 North, Range 9 East of the Third Principal Meridian, lying on the Easterly side of the Fox River, according to the plat thereof recorded September 26, 1955, as Document No. 298208, in Book 12 of Plats, Pages 52 and 53, in McHenry County, Illinois.

A tract conveyed to the State of Illinois, Department of Transportation, Division of Water Resources (now Department of Natural Resources) by Judgement Order, Case No. 89ED4, dated March 19, 1993 in County of McHenry, State of Illinois, description as follows:

Lots 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 and 27, Block 4, all in Holiday Hills Unit No. 3, being a subdivision of part of the West Half of Fractional Section 18, Township 44 North, Range 9 East of the Third Principal Meridian, lying on the Easterly side of the Fox River, according to the plat thereof recorded September 26, 1955, as Document No. 298208, in Book 12 of Plats, Pages 52 and 53, in McHenry County, Illinois.

A tract conveyed to the State of Illinois, Department of Transportation, Division of Water Resources (now Department of Natural Resources) by Document No. 89R028724, dated July 11, 1989 in County of McHenry, State of Illinois, description as follows:

Lot 10, Block 3, Holiday Hills Unit No. 3, being a subdivision of part of the West Half of Fractional Section 18, Township 44 North, Range 9 East of the Third Principal Meridian, lying on the Easterly side of the Fox River, according to the plat thereof recorded September 26, 1955, as Document No. 298208, in Book 12 of Plats, Pages 52 and 53, in McHenry County, Illinois.

Section 10. Conditions on transfer.

(a) The conveyances of real property authorized by Section 5 shall be made subject to: (1) existing public utilities, existing public roads, and any and all reservations, easements, encumbrances, covenants and restrictions of record; (2) the express condition that within one year after conveyance, the Fox Waterway Agency shall: sell the real property for no less than fair market value; use any proceeds from the sale to purchase of an alternate dredge material disposal site or sites for no more than fair market value; and transfer any proceeds remaining after the purchase of an alternate dredge material disposal site or sites to the Department of Natural Resources for deposit into the General Revenue Fund; and (3) the requirements of subsection (b) of this Section.

(b) If, after one year following the conveyances of the real property under Section 5, the Fox Waterway Agency has failed to comply with the express condition set forth in item (2) of subsection (a), the real property shall revert to the State of Illinois, Department of Natural Resources, or, if applicable, the proceeds from the sale of the conveyed property shall be immediately transferred to the Department of Natural Resources for deposit into the General Revenue Fund. If any property purchased with proceeds from the sale of the conveyed property is not used as a dredged material disposal site within 2 years following the conveyances under Section 5 or if at any time the property ceases to be used for public purposes, the Fox Waterway Agency shall convey by quitclaim deed the property to the Department of Natural Resources for $1. As used in this Section, "fair market value" means the average of 3 appraisals plus the costs of obtaining the appraisals.

Section 15 . The Director of Natural Resources shall obtain a certified copy of the portions of this Act containing the title, the enacting clause, the effective date, the appropriate Section or Sections containing the land descriptions of the property to be conveyed, and this Section within 60 days after its effective date and, upon receipt of the payment required by the Section or Sections, if any payment is required, shall record the certified document in the Recorder's Office in the county in which the land is located.

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