SB0211ham001 95TH GENERAL ASSEMBLY

Executive Committee

Adopted in House Comm. on Aug 02, 2007

09500SB0211ham001 LRB095 04201 WGH 38374 a

AMENDMENT TO SENATE BILL 211

AMENDMENT NO. ______. Amend Senate Bill 211 by replacing everything after the enacting clause with the following:

"Section 5. "An Act to authorize the Department of Transportation to convey certain parcels of land herein described", approved August 16, 1982, Public Act 82-927, is amended by changing the Preamble and Sections 2-1 and 2-2 as follows:

(Public Act 82-927, Preamble)

PREAMBLE TO ARTICLE I

WHEREAS, in connection with the construction of FA Route 55, the People of the State of Illinois acting by and through the Department of Transportation acquired the lands described in Section 1-1 of this Act and the rights or easements of access, crossing, light, air and view, to, from or over a portion of the lands described in Section 1-1 of this Act, from Erwin H. Runkwitz, Jr. and Georganna Runkwitz; and

WHEREAS, the Department has abandoned plans to improve FA Route 55 as a Freeway highway facility and no longer has any need or use now or in the future for either the lands or the rights or easements of access, crossing, light, air and view, to, from or over the lands described in Section 1-1 of this Act; and

WHEREAS, First Bank and Trust Company of O'Fallon Illinois, as Trustee under the Louis Klotz Family Trust #426, and Hilda Klotz individually are the owners, each to an undivided one-half interest of the land adjacent to the lands described in Section 1-1 of this Act and have offered to pay the current appraised value of $18,300 for the lands described in Section 1-1 of this Act; therefore

PREAMBLE TO ARTICLE II

WHEREAS, in connection with the construction of a Rest Area, the People of the State of Illinois, acting by and through the Department of Transportation, acquired the lands described in Section 2-1 of this Act and the rights or easements of access, crossing, light, air and view, to, from or over the lands described in Section 2-1 of this Act, from Ina C. Jordan, et al; and

WHEREAS, the Department has closed the Rest Area as a highway facility and no longer has any need or use now or in the future for the lands described in Section 2-1 of this Act; and

WHEREAS, The Village of Oswego, Illinois, is desirous of acquiring the lands described in Section 2-1 of this Act to be used by the Village for public purposes and has agreed to pay the State the nominal consideration of $1; therefore

(Source: P. A. 82-927.)

(Public Act 82-927, Sec. 2-1)

Sec. 2-1. Upon payment of the sum of $1 to the State of Illinois and subject to the conditions set forth in Section 2-2 and Article III of this Act, the Secretary of the Department of Transportation is authorized to convey by Quitclaim Deed all right, title and interest in the following described land in Kendall County, Illinois, to the Village of Oswego, Illinois.

Parcel 3W00036

A part of the Southeast Quarter of Section 9, Township 37 North, Range 8 East of the Third Principal Meridian, described as follows:

Commencing at the Northwest corner of said Section 9; thence South 89 degrees 29' East 1,316.0 feet; thence South 2,648.0 feet; thence South 89 degrees 34' East, 237.0 feet; thence South 0 degrees 06' East, 446.5 feet; thence South 89 degrees 28' East, 1,620.0 feet; thence South 0 degrees 42' West, 1,140.3 feet to the centerline of Waubansee Creek for a Point of Beginning; thence continuing along the last described course, 898.70 feet to a concrete right of way marker; thence continuing along the last described course, 43.50 feet to a point in the centerline of U.S. Route 34; thence northeasterly along the said centerline on a curve to the left having a radius of 3,243.29 feet, 468.5 feet, more or less, to a point in the centerline of Waubansee Creek; thence northwesterly along the centerline of Waubansee Creek to the Point of Beginning, all in Oswego Township, Kendall County, Illinois, except that part lying within the existing right of way of U.S. Route 34. Containing therein 3.845 acres, more or less.

(Source: P. A. 82-927.)

(Public Act 82-927, Sec. 2-2)

Sec. 2-2. The Village of Oswego may sell the land described in Section 2-1 of this Act and shall use the proceeds of any such sale for public purposes It is understood and agreed that in the event that the Village of Oswego ceases to occupy and use, in whole or in part, the land described in Section 2-1 of this Act, for a public use, the Village shall upon demand execute and deliver an instrument returning and vesting title thereof to the State of Illinois, Department of Transportation.

(Source: P. A. 82-927.)

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