Full Text of HB1716 95th General Assembly
HB1716ham005 95TH GENERAL ASSEMBLY
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Rep. Patrick J Verschoore
Filed: 4/19/2007
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LRB095 06381 AJO 34974 a |
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| AMENDMENT TO HOUSE BILL 1716
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| AMENDMENT NO. ______. Amend House Bill 1716, AS AMENDED, | 3 |
| immediately below the last line of Section 80, by inserting the | 4 |
| following:
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| "Section 85. Upon the payment of the sum of $4,766,666 to | 6 |
| the State of Illinois, Grantor, and subject to the conditions | 7 |
| set forth in Section 900 of this Act, the Secretary of the | 8 |
| Department of Transportation is authorized to convey by | 9 |
| quitclaim deed all right, title and interest in and to the | 10 |
| following described land in Cook County, Illinois, to the City | 11 |
| of Chicago, Grantee.
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| Parcel No. 0ZZ0737 | 13 |
| A parcel of land comprising parts of Lots 6, 7, 8, 9, 11, 22, 24 | 14 |
| and all of Lots 10 and 23 in Elijah K. Hubbard's Subdivision of | 15 |
| Block 16, and parts of Lots 6, 8 and all of Lot 7 in Elijah K. |
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| Hubbard's Subdivision of Block 15, together with part of | 2 |
| Vacated Cabrini Street and Vacated Arthington Street, all in | 3 |
| Section 16, Township 39 North, Range 14 East of the Third | 4 |
| Principal Meridian, described as follows: Commencing at a Iron | 5 |
| Pipe Found at the Northwest corner of Lot 11 in Elijah K. | 6 |
| Hubbard's Subdivision of Block 15; thence South 89 degrees 43 | 7 |
| minutes 02 seconds East along said South line of Vacated | 8 |
| Arthington Street, 30.00 feet; thence North 00 degrees 35 | 9 |
| minutes 07 seconds East along a line 30 feet East of and | 10 |
| Parallel to the West line of Lot 6 in Elijah K. Hubbard's | 11 |
| Subdivision of Block 15 extended southerly to a point on the | 12 |
| centerline of Vacated Arthington Street also being the Point of | 13 |
| Beginning; thence continuing North 00 degrees 35 minutes 07 | 14 |
| seconds East along a line 30 feet East of and Parallel to the | 15 |
| West line of said Lots 6 and 22 in Elijah K. Hubbard's | 16 |
| Subdivision of Block 15 and the West line of said Lots 6 and 11 | 17 |
| in Elijah K. Hubbard's Subdivision of Block 16, 500.53 feet to | 18 |
| a Point on the South line of Polk Street being 30 feet East of | 19 |
| the Northwest corner of Lot 6 in Elijah K. Hubbard's | 20 |
| Subdivision of Block 16; thence South 89 degrees 02 minutes 29 | 21 |
| seconds East along the South line of Polk Street, 100.00 feet | 22 |
| to the intersection with the West line of South Des Plaines | 23 |
| Street (as widened); thence South 00 degrees 35 minutes 07
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| seconds West, 499.35 feet to a point on the centerline of | 25 |
| Vacated Arthington Street; thence North 89 degrees 43 minutes | 26 |
| 02 seconds West along the centerline of Vacated Arthington |
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| Street, 100.00 feet to the Point of Beginning, in Cook County, | 2 |
| Illinois.
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| Containing 1.148 acres, more or less. | 4 |
| It is understood and agreed that there is no existing right of | 5 |
| access nor will access be permitted in the future by the State | 6 |
| of Illinois, Department of Transportation, from or over the | 7 |
| premises above described to and from FAI Route 90/94, | 8 |
| previously declared a freeway. | 9 |
| and, | 10 |
| The Property is conveyed AS-IS, WHERE-IS, WITH ALL FAULTS, AND | 11 |
| WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR | 12 |
| IMPLIED, AS TO ITS CONDITION, ENVIRONMENTAL OR OTHERWISE, OR | 13 |
| ITS SUITABILITY OR SUFFICIENCY FOR THE GRANTEE'S INTENDED USES | 14 |
| AND PURPOSES. Grantee acknowledges that adverse physical, | 15 |
| economic or other conditions (including without limitation, | 16 |
| adverse environmental soils and ground-water conditions), | 17 |
| either latent or patent, may exist on the property and assumes | 18 |
| the Grantor's responsibility for all environmental conditions | 19 |
| of the property, known or unknown, including but not limited to | 20 |
| responsibility, if any, for investigation, removal or | 21 |
| remediation actions relating to the presence, release or | 22 |
| threatened release of any hazardous substance or other |
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LRB095 06381 AJO 34974 a |
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| environmental contamination relating to the property. The | 2 |
| Grantee also releases, covenants not to sue, and shall | 3 |
| indemnify, defend, and hold the Grantor and its past, present | 4 |
| and future officials, employees, and agents, harmless from and | 5 |
| against any and all claims, demands, penalties, fees, damages, | 6 |
| losses, expenses (including but not limited to fees and costs | 7 |
| of regulatory agencies, attorneys, contractors and | 8 |
| consultants), and liabilities arising out of, or in any way | 9 |
| connected with, the condition of the property including but not | 10 |
| limited to any alleged or actual past, present or future | 11 |
| presence, release or threatened release of any hazardous | 12 |
| substance in, on, under or emanating from the property, or any | 13 |
| portion thereof or improvement thereon, from any cause | 14 |
| whatsoever; it being intended that the Grantee shall so | 15 |
| indemnify the Grantor and such personnel without regard to any | 16 |
| fault or responsibility of the Grantor or the Grantee. The | 17 |
| obligation to complete all environmental investigation, | 18 |
| removal or remediation of the property and the | 19 |
| acknowledgements, releases, and covenants herein touch and | 20 |
| concern the property, are intended to run with the land and | 21 |
| bind the Grantee and Grantee's successors and assigns, and | 22 |
| inure to the benefit of the Grantor and its successors and | 23 |
| assigns. | 24 |
| For purposes of this COVENANT, the term "Hazardous Substance" | 25 |
| shall mean petroleum products and compounds containing them; |
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| flammable materials; radioactive materials; polychlorinated | 2 |
| biphenyls ("PCBs") and compounds containing them; lead; | 3 |
| asbestos or asbestos-containing materials in any friable form; | 4 |
| underground or above-ground storage tanks; and any substance or | 5 |
| material that is now or hereafter becomes regulated under any | 6 |
| federal, State, or local statute, ordinance, rule, regulation, | 7 |
| or other law relating to environmental protection, | 8 |
| contamination or cleanup. | 9 |
| The Grantee's release and covenant not to sue shall include | 10 |
| both claims by the Grantee as original plaintiff against the | 11 |
| Grantor and any cross-claims, third-party claims or other | 12 |
| claims against the Grantor by the Grantee based upon claims | 13 |
| made against the Grantee by any third parties. The obligation | 14 |
| to indemnify and defend shall include, but not be limited to, | 15 |
| any liability of the Grantor to any and all federal, State or | 16 |
| local regulatory agencies or other
persons or entities for | 17 |
| remedial action costs and natural resources damages claims. | 18 |
| This COVENANT means that the Grantee accepts the property | 19 |
| "as-is, where-is and with-all-faults," and that the Grantee | 20 |
| assumes all responsibility of the Grantor to investigate, | 21 |
| remove and remediate any contamination and other adverse | 22 |
| environmental conditions on the property, and has no recourse | 23 |
| against the Grantor or any of its officers, employees or agents | 24 |
| for any claim or liability with respect to the property. |
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| This COVENANT shall apply regardless of whether or not the | 2 |
| Grantee is culpable, negligent or in violation of any law, | 3 |
| ordinance, rule or regulation. Nothing herein shall release, | 4 |
| discharge or affect any rights or causes of action that the | 5 |
| Grantor or the Grantee may have against any other person or | 6 |
| entity, except as otherwise expressly stated herein, and each | 7 |
| of the parties reserves all such rights including, but not | 8 |
| limited to, claims for contribution or cost recovery relating | 9 |
| to any hazardous substance in, on, under or emanating from the | 10 |
| property. | 11 |
| Section 90. Upon the payment of the sum of $578,667 to the | 12 |
| State of Illinois, Grantor, and subject to the conditions set | 13 |
| forth in Section 900 of this Act, the Secretary of the | 14 |
| Department of Transportation is authorized to convey by | 15 |
| quitclaim deed all right, title and interest in and to the | 16 |
| following described land in Cook County, Illinois, to the City | 17 |
| of Chicago, Grantee.
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| Parcel No. 0ZZ0326
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| That part of the Southeast Quarter of Section 2, Township 37 | 20 |
| North, Range 14 East of the Third Principal Meridian, in Cook | 21 |
| County, Illinois, described as follows:
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| Commencing at the intersection of the north right of way line |
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| of 95th Street with the west right of way line of Stony Island | 2 |
| Avenue; thence on an assumed bearing of North 01 degree 24 | 3 |
| minutes 01 second West, on said west right of way line, 40.00 | 4 |
| feet to the Point of Beginning; thence South 43 degrees 29 | 5 |
| minutes 11 seconds West, 28.34 feet; thence South 88 degrees 22 | 6 |
| minutes 22 seconds West, parallel with the north right of way | 7 |
| line of said 95th Street, 246.08 feet; thence North 01 degree | 8 |
| 37 minutes 38 seconds West, 150.01 feet; thence North 88 | 9 |
| degrees 22 minutes 27 seconds East, 266.67 feet to the west | 10 |
| right of way line of said Stony Island Avenue; thence South 01 | 11 |
| degree 24 minutes 01 second East, on said west right of way | 12 |
| line, 130.00 feet to the Point of Beginning.
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| Said parcel containing 0.9127 acre, more or less.
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| Subject to the following;
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| No access will be permitted to the subject property from Stony | 16 |
| Island Avenue. A right-in/right-out only driveway will be | 17 |
| permitted from 95th Street.
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| and,
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| The Property is conveyed AS-IS, WHERE-IS, WITH ALL FAULTS, AND | 20 |
| WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR | 21 |
| IMPLIED, AS TO ITS CONDITION, ENVIRONMENTAL OR OTHERWISE, OR |
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09500HB1716ham005 |
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LRB095 06381 AJO 34974 a |
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| ITS SUITABILITY OR SUFFICIENCY FOR THE GRANTEE'S INTENDED USES | 2 |
| AND PURPOSES. Grantee acknowledges that adverse physical, | 3 |
| economic or other conditions (including without limitation, | 4 |
| adverse environmental soils and ground-water conditions), | 5 |
| either latent or patent, may exist on the property and assumes | 6 |
| the Grantor's responsibility for all environmental conditions | 7 |
| of the property, known or unknown, including but not limited to | 8 |
| responsibility, if any, for investigation, removal or | 9 |
| remediation actions relating to the presence, release or | 10 |
| threatened release of any hazardous substance or other | 11 |
| environmental contamination relating to the property. The | 12 |
| Grantee also releases, covenants not to sue, and shall | 13 |
| indemnify, defend, and hold the Grantor and its past, present | 14 |
| and future officials, employees, and agents, harmless from and | 15 |
| against any and all claims, demands, penalties, fees, damages, | 16 |
| losses, expenses (including but not limited to fees and costs | 17 |
| of regulatory agencies, attorneys, contractors and | 18 |
| consultants), and liabilities arising out of, or in any way | 19 |
| connected with, the condition of the property including but not | 20 |
| limited to any alleged or actual past, present or future | 21 |
| presence, release or threatened release of any hazardous | 22 |
| substance in, on, under or emanating from the property, or any | 23 |
| portion thereof or improvement thereon, from any cause | 24 |
| whatsoever; it being intended that the Grantee shall so | 25 |
| indemnify the Grantor and such personnel without regard to any | 26 |
| fault or responsibility of the Grantor or the Grantee. The |
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09500HB1716ham005 |
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LRB095 06381 AJO 34974 a |
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| 1 |
| obligation to complete all environmental investigation, | 2 |
| removal or remediation of the property and the | 3 |
| acknowledgements, releases, and covenants herein touch and | 4 |
| concern the property, are intended to run with the land and | 5 |
| bind the Grantee and Grantee's successors and assigns, and | 6 |
| inure to the benefit of the Grantor and its successors and | 7 |
| assigns.
| 8 |
| For purposes of this COVENANT, the term "Hazardous Substance" | 9 |
| shall mean petroleum products and compounds containing them; | 10 |
| flammable materials; radioactive materials; polychlorinated | 11 |
| biphenyls ("PCBs") and compounds containing them; lead; | 12 |
| asbestos or asbestos-containing materials in any friable form; | 13 |
| underground or above-ground storage tanks; and any substance or | 14 |
| material that is now or hereafter becomes regulated under any | 15 |
| federal, State, or local statute, ordinance, rule, regulation, | 16 |
| or other law relating to environmental protection, | 17 |
| contamination or cleanup.
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| The Grantee's release and covenant not to sue shall include | 19 |
| both claims by the Grantee as original plaintiff against the | 20 |
| Grantor and any cross-claims, third-party claims or other | 21 |
| claims against the Grantor by the Grantee based upon claims | 22 |
| made against the Grantee by any third parties. The obligation | 23 |
| to indemnify and defend shall include, but not be limited to, | 24 |
| any liability of the Grantor to any and all federal, State or |
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09500HB1716ham005 |
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LRB095 06381 AJO 34974 a |
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| 1 |
| local regulatory agencies or other persons or entities for | 2 |
| remedial action costs and natural resources damages claims. | 3 |
| This COVENANT means that the Grantee accepts the property | 4 |
| "as-is, where-is and with-all-faults," and that the Grantee | 5 |
| assumes all responsibility of the Grantor to investigate, | 6 |
| remove and remediate any contamination and other adverse | 7 |
| environmental conditions on the property, and has no recourse | 8 |
| against the Grantor or any of its officers, employees or agents | 9 |
| for any claim or liability with respect to the property.
| 10 |
| This COVENANT shall apply regardless of whether or not the | 11 |
| Grantee is culpable, negligent or in violation of any law, | 12 |
| ordinance, rule or regulation. Nothing herein shall release, | 13 |
| discharge or affect any rights or causes of action that the | 14 |
| Grantor or the Grantee may have against any other person or | 15 |
| entity, except as otherwise expressly stated herein, and each | 16 |
| of the parties reserves all such rights including, but not | 17 |
| limited to, claims for contribution or cost recovery relating | 18 |
| to any hazardous substance in, on, under or emanating from the | 19 |
| property.".
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