HB3604sam001 94TH GENERAL ASSEMBLY

Sen. James A. DeLeo

Filed: 5/3/2005

09400HB3604sam001 LRB094 07261 RSP 45868 a

AMENDMENT TO HOUSE BILL 3604

AMENDMENT NO. ______. Amend House Bill 3604 immediately after the title, by inserting the following:

"WHEREAS, The State of Illinois owns certain real property in the City of Chicago in the Dunning Community Area in Cook County, located in Township 40 North, Range 13 East, Section 18, that is under the jurisdiction of the Department of Human Services for the operation of the Chicago Read Mental Health Center; and

WHEREAS, Approximately 30 acres of the Chicago Read Mental Health Center property contain 2 wetlands, an emergent wetland, and other open space that benefit the protection of the Des Plaines watershed; and

Whereas, State-owned wetlands are governed by and must be managed according to the Interagency Wetlands Policy Act of 1989 and provisions of Part 1090 of Title 17 of the Illinois Administrative Code; and

Whereas, The mission of the Illinois Department of Human Services is to improve the health, well-being, and quality of life of Illinois citizens; and

Whereas, Parks, open spaces, and forests are important components for the health and well-being of urban residents, contributing to the prevention and amelioration of illness not only by facilitating improvements in physical fitness through exercise, but also by facilitating positive emotional, intellectual, and social experiences; and

Whereas, The Dunning Community Area, in which the property is located, has been identified as underserved by open space and parks in the Land Policies Plans completed by the City and the Chicago Park District, that note that 2 large segments of the Dunning Community have no open space or parkland whatsoever; and

Whereas, The Dunning property was originally donated to Cook County in 1868 by the Dunning family for health and social purposes and was operated by the County as a "poor farm" and a facility for the mentally ill until 1912; and

Whereas, In 1912 Cook County conveyed the 235-acre Dunning property to the State of Illinois to be used for health and social purposes as stated in the original land covenant; therefore"; and

by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Department of Human Services is hereby authorized to grant and convey a permanent conservation easement to the Illinois Department of Natural Resources on a parcel containing 30 acres, more or less, that is located in Section 18, Township 40 North, Range 13 East of the third principal meridian, Cook County, Illinois, situated to the West and South of the Chicago Read Mental Health Center, for the purpose of preserving and protecting the wetlands and forested area for the benefit of the patients of the facility, the community, and the general public, this 30-acre parcel being more particularly described under Section 10 of this Act.

Section 10. A parcel containing 30 acres, more or less, located in Section 18, Township 40 North, Range 13 East of the third principal meridian, Cook County, Illinois, situated to the West and South of the Chicago Read Mental Health Center, a more accurate description to be made by an Illinois professional land surveyor, the cost of the survey to be paid for by Friends of the Parks.

Section 15. "An Act to authorize the Department of Mental Health to convey certain State-owned lands in Kane County", approved August 10, 1965, as amended by "An Act to amend Section 3 of "An Act to authorize the Department of Mental Health to convey certain State-owned lands in Kane County", approved August 10, 1965", approved March 2, 1967, is amended by changing Section 3 as follows:

(Laws 1965, p. 2927, Sec. 3; Laws 1967, p. 28, Sec. 1)

Sec. 3. (a) Except as provided in subsection (b), the The purchaser shall agree that the land described in Section 1 shall be used for public educational and recreational purposes, but may convey any part of that land to the board of a public junior college district which includes any part of Kane County in its territory at a purchase price computed on the basis of a price per acre which does not exceed that authorized by this Act for the conveyance to the City of Elgin. Such an agreement does not prevent the City of Elgin from selling or leasing, under the conditions and in the manner provided in Division 76 of Article 11 of the Illinois Municipal Code, any part of that land not so conveyed.

(b) The provisions of subsection (a) do not apply to the following described land, which is a part of the land described in Section 1: THAT PART OF THE SOUTH HALF OF SECTION 21, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21; THENCE SOUTH 88 DEGREES 16 MINUTES 35 SECONDS WEST, ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21, A DISTANCE OF 474.18 FEET; THENCE NORTH 58 DEGREES 14 MINUTES 37 SECONDS WEST, A DISTANCE OF 235.77 FEET; THENCE NORTH 32 DEGREES 44 MINUTES 49 SECONDS WEST, A DISTANCE OF 162.03 FEET; THENCE NORTH 09 DEGREES 02 MINUTES 18 SECONDS WEST, A DISTANCE OF 360.85 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 09 DEGREES 02 MINUTES 18 SECONDS EAST, A DISTANCE OF 360.85 FEET; THENCE SOUTH 32 DEGREES 44 MINUTES 49 SECONDS EAST, A DISTANCE OF 162.03 FEET; THENCE SOUTH 58 DEGREES 14 MINUTES 37 SECONDS EAST, A DISTANCE OF 74.33 FEET; THENCE SOUTH 37 DEGREES 35 MINUTES 46 SECONDS EAST, A DISTANCE OF 109.91 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21; THENCE SOUTH 88 DEGREES 16 MINUTES 35 SECONDS WEST, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21 ALSO BEING THE SOUTH LINE OF PROPERTY PREVIOUSLY OWNED BY THE STATE OF ILLINOIS BY DOCUMENT NUMBER 498148, A DISTANCE OF 783.03 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21; THENCE NORTH 00 DEGREES 56 MINUTES 00 SECONDS WEST, ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21 ALSO BEING THE MOST WESTERLY LINE OF PROPERTY PREVIOUSLY OWNED BY THE STATE OF ILLINOIS BY DOCUMENT NUMBER 498148, A DISTANCE OF 624.62 FEET TO THE INTERSECTION WITH A LINE THAT IS 30.00 FEET, AS MEASURED PERPENDICULAR, SOUTHERLY OF AND PARALLEL WITH THE NORTHERLY LINE OF PROPERTY PREVIOUSLY OWNED BY THE STATE OF ILLINOIS BY DOCUMENT NUMBER 498148; THENCE NORTH 88 DEGREES 01 MINUTES 35 SECONDS EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 518.58 FEET TO THE POINT OF BEGINNING. BEING SITUATED IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS AND CONTAINING 8.59 ACRES MORE OR LESS.

(Source: Laws 1965, p. 2927; Laws 1967, p. 28.)

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