Full Text of SB2038 94th General Assembly
SB2038ham001 94TH GENERAL ASSEMBLY
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Executive Committee
Filed: 5/25/2005
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| AMENDMENT TO SENATE BILL 2038
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| AMENDMENT NO. ______. Amend Senate Bill 2038 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. "An Act to authorize the Department of Mental | 5 |
| Health to convey certain State-owned lands in Kane County",
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| approved August 10, 1965, as amended by "An Act to amend | 7 |
| Section 3 of "An Act to authorize the Department of Mental | 8 |
| Health to convey certain State-owned lands in Kane
County", | 9 |
| approved August 10, 1965", approved March 2, 1967, is amended | 10 |
| by changing Section 3 as follows:
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| (Laws 1965, p. 2927, Sec. 3; Laws 1967, p. 28, Sec. 1)
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| Sec. 3. (a) Except as provided in subsection (b), the
The
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| purchaser shall agree that the land described in Section 1 | 14 |
| shall be used for public educational and recreational purposes, | 15 |
| but
may convey any part of that land to the board of a public | 16 |
| junior college district which includes any part of Kane County | 17 |
| in its territory
at a purchase price computed on the basis of a | 18 |
| price per acre which does not exceed that authorized by this | 19 |
| Act for the conveyance to
the City of Elgin. Such an agreement | 20 |
| does not prevent the City of Elgin from selling or leasing, | 21 |
| under the conditions and in the manner
provided in Division 76 | 22 |
| of Article 11 of the Illinois Municipal Code, any part of that | 23 |
| land not so conveyed.
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| (b) The provisions of subsection (a) do not apply to the |
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| following described land, which is a part of the land described | 2 |
| in Section 1: | 3 |
| THAT PART OF THE SOUTH HALF OF SECTION 21, TOWNSHIP 41 NORTH, | 4 |
| RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS | 5 |
| FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST | 6 |
| QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21; THENCE | 7 |
| SOUTH 88 DEGREES 16 MINUTES 35 SECONDS WEST, ALONG THE NORTH | 8 |
| LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID | 9 |
| SECTION 21, A DISTANCE OF 474.18 FEET; THENCE NORTH 58 DEGREES | 10 |
| 14 MINUTES 37 SECONDS WEST, A DISTANCE OF 235.77 FEET; THENCE | 11 |
| NORTH 32 DEGREES 44 MINUTES 49 SECONDS WEST, A DISTANCE OF | 12 |
| 162.03 FEET; THENCE NORTH 09 DEGREES 02 MINUTES 18 SECONDS | 13 |
| WEST, A DISTANCE OF 360.85 FEET FOR THE POINT OF BEGINNING; | 14 |
| THENCE SOUTH 09 DEGREES 02 MINUTES 18 SECONDS EAST, A DISTANCE | 15 |
| OF 360.85 FEET; THENCE SOUTH 32 DEGREES 44 MINUTES 49 SECONDS | 16 |
| EAST, A DISTANCE OF 162.03 FEET; THENCE SOUTH 58 DEGREES 14 | 17 |
| MINUTES 37 SECONDS EAST, A DISTANCE OF 74.33 FEET; THENCE SOUTH | 18 |
| 37 DEGREES 35 MINUTES 46 SECONDS EAST, A DISTANCE OF 109.91 | 19 |
| FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF | 20 |
| THE SOUTHWEST QUARTER OF SAID SECTION 21; THENCE SOUTH 88 | 21 |
| DEGREES 16 MINUTES 35 SECONDS WEST, ALONG THE SOUTH LINE OF THE | 22 |
| NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21 | 23 |
| ALSO BEING THE SOUTH LINE OF PROPERTY PREVIOUSLY OWNED BY THE | 24 |
| STATE OF ILLINOIS BY DOCUMENT NUMBER 498148, A DISTANCE OF | 25 |
| 783.03 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF | 26 |
| THE SOUTHWEST QUARTER OF SAID SECTION 21; THENCE NORTH 00 | 27 |
| DEGREES 56 MINUTES 00 SECONDS WEST, ALONG THE WEST LINE OF THE | 28 |
| NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21 | 29 |
| ALSO BEING THE MOST WESTERLY LINE OF PROPERTY PREVIOUSLY OWNED | 30 |
| BY THE STATE OF ILLINOIS BY DOCUMENT NUMBER 498148, A DISTANCE | 31 |
| OF 624.62 FEET TO THE INTERSECTION WITH A LINE THAT IS 30.00 | 32 |
| FEET, AS MEASURED PERPENDICULAR, SOUTHERLY OF AND PARALLEL WITH | 33 |
| THE NORTHERLY LINE OF PROPERTY PREVIOUSLY OWNED BY THE STATE OF | 34 |
| ILLINOIS BY DOCUMENT NUMBER 498148; THENCE NORTH 88 DEGREES 01 |
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| MINUTES 35 SECONDS EAST ALONG SAID PARALLEL LINE, A DISTANCE OF | 2 |
| 518.58 FEET TO THE POINT OF BEGINNING. BEING SITUATED IN THE | 3 |
| CITY OF ELGIN, KANE COUNTY, ILLINOIS AND CONTAINING 8.59 ACRES | 4 |
| MORE OR LESS.
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| (Source: Laws 1965, p. 2927; Laws 1967, p. 28.)
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| (P.A. 81-910, Sec. 1-6 rep.)
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| Section 10. "An Act authorizing the Director of Mental | 8 |
| Health and Developmental Disabilities to convey certain real | 9 |
| property",
approved September 22, 1979, Public Act 81-910, is | 10 |
| amended by repealing Section 1-6. | 11 |
| Section 15. Upon the payment of the sum of $1 to the State | 12 |
| of Illinois, Department of Corrections, the Director of the | 13 |
| Department of Corrections, on behalf of the State of Illinois, | 14 |
| is authorized to execute and deliver to the Community Unit | 15 |
| School District 303 a Quit Claim Deed to the following | 16 |
| described real property, to wit: | 17 |
| THE EAST 1/2 OF THE SOUTHEAST QUARTER LYING SOUTHERLY OF | 18 |
| THE SOUTHERLY LINE OF ILLINOIS ROUTE 38 OF SECTION 31, | 19 |
| TOWNSHIP 40 NORTH, RANGE 8 (EXCEPT PARTS LYING IN THE | 20 |
| FOLLOWING TRACTS: PART CONVEYED TO CITY OF GENEVA BY DEED | 21 |
| AS DOCUMENT NUMBER 2003K030617 RECORDED FEBRUARY 20, 2003 | 22 |
| AND PART CONVEYED TO CITY OF ST. CHARLES BY DEED AS | 23 |
| DOCUMENT NUMBER 2003K107154 RECORDED JUNE 27, 2003 AND | 24 |
| PARTS CONVEYED TO ST. CHARLES PARK DISTRICT BY DEED | 25 |
| DOCUMENT 2003K003045 AND DEED DOCUMENT 2003K003046 | 26 |
| RECORDED JANUARY 7, 2003, PART CONVEYED TO CITY OF ST. | 27 |
| CHARLES BY DEED DOCUMENT 93K095347, ALSO EXCEPT PART | 28 |
| CONVEYED TO ILLINOIS DEPT. OF TRANSPORTATION BY DEED | 29 |
| DOCUMENT 1690232 AND ALSO EXCEPT ANY PART LYING IN PECK | 30 |
| ROAD) IN CITY OF ST. CHARLES, KANE COUNTY, ILLINOIS. | 31 |
| Section 20. The General Assembly finds as follows: |
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| (1) Public Act 92-532 authorized the transfer of parcels of | 2 |
| land from the Illinois Department of Corrections to the City of | 3 |
| St. Charles. | 4 |
| (2) It was the understanding of the Illinois Department of | 5 |
| Corrections and the City of St. Charles that the conveyance | 6 |
| described in Section 10 of this Act would be included in Public | 7 |
| Act 92-532. | 8 |
| (3) It has since been discovered that the conveyance | 9 |
| described in Section 10 of this Act was not included in Public | 10 |
| Act 92-532, and this Act is necessary to ensure that the | 11 |
| conveyance be made so that the land may be used for a public | 12 |
| purpose.
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| Section 25. The Director of the Illinois Department of | 14 |
| Corrections is authorized to convey a permanent exclusive | 15 |
| easement to the City of St. Charles, Illinois, lessees of the | 16 |
| City of St. Charles, Illinois, and all public utility companies | 17 |
| of any kind of operation under franchise agreements granting | 18 |
| them easement rights from the City of St. Charles, Illinois, | 19 |
| and their successors and assigns in, upon, across, over, under, | 20 |
| and through the following described land in Kane County, | 21 |
| Illinois: | 22 |
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Parcel 10: ILLINOIS DEPARTMENT OF CORRECTIONS
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| The Westerly Sixty Feet and the Northerly Ten Feet of that part | 24 |
| of the Southeast Quarter of Section 31 Township 40 North, Range | 25 |
| 8 East of the Third Principal Meridian, described as follows:
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| Beginning at the Northeast corner of Tract of Land conveyed to | 27 |
| the City of St. Charles by Quit Claim Deed recorded November | 28 |
| 30, 1993 as Document No. 93K095347 (Parcel 1) in the Kane | 29 |
| County Recorders Office; thence Southerly along the East Line | 30 |
| of said Tract, 749.89 feet; thence Southwesterly along the | 31 |
| Southeast Line of said Tract which forms an angle of 210 | 32 |
| degrees 30 minutes and 00 seconds with last described course |
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| (measured clockwise therefrom) 309.61 feet; thence Easterly | 2 |
| along a line that forms an angle of 59 degrees 55 minutes and | 3 |
| 57 seconds with the last described course (measured clockwise | 4 |
| therefrom) 715.24 feet, to a point on the Southerly Extension | 5 |
| of the West Line of Tract of Land conveyed to the Illinois | 6 |
| Department of Transportation by document No. 1690232 in said | 7 |
| Recorders Office, said point being 550.00 feet South of | 8 |
| Southwest corner of said Tract; thence Northerly along said | 9 |
| Southerly Extension and the West Line of said Tract, and which | 10 |
| line forms an angle of 90 degrees 00 minutes and 00 seconds | 11 |
| with the last described course (measured clockwise therefrom) | 12 |
| 1050.00 feet, to the Northwest corner of said Illinois | 13 |
| Department of Transportation Tract, being on the South Right of | 14 |
| Way of Illinois State Route 38, (said South Right of Way Line | 15 |
| being 60.00 feet normally distant South of the Centerline of | 16 |
| Illinois State Route 38); thence westerly along said Right of | 17 |
| Way line 566.70 feet, to the Point of Beginning, in St. Charles | 18 |
| Township, Kane County, Illinois.
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| Section 90. The Director of the Illinois Department of | 20 |
| Corrections shall obtain a certified copy of the portion of | 21 |
| this Act containing the title, enacting clause, effective date, | 22 |
| the appropriate Sections containing the land descriptions of | 23 |
| the property listed in Sections 15 and 25 to be transferred or | 24 |
| otherwise affected under this Act after its effective date and, | 25 |
| upon receipt of payment, if payment is required by the Section, | 26 |
| shall record the certified document in the Recorder's Office in | 27 |
| Kane County.
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| Section 99. Effective date. This Act takes effect upon | 29 |
| becoming law.".
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