Full Text of HB4075 96th General Assembly
HB4075 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB4075
Introduced 2/27/2009, by Rep. Chapin Rose SYNOPSIS AS INTRODUCED: |
Provides that the Director of the Department of Natural Resources shall, subject to the conditions stated in the Act, convey by quit claim deed specified parcels of real property to Arcola, Arthur, Hindsboro, Lovington, Lovington Township, East Oakland Township, Bourbon Township, Douglas County, and Lowe Road District for $1 for each parcel subject to: the specified parcel of real property being included in a judgment in, or a settlement or resolution of litigation that is favorable to the State of Illinois or the Department of Natural Resources, as a party to the litigation, in one of 2 specified court cases in Moultrie County or Douglas County; each designated entity must first be given a written right of first refusal by the Department and then, in turn, give written notice to the Director that it will accept the conveyance and pay the $1 consideration. Provides that a parcel of real property shall not be conveyed so long as there is pending litigation concerning the ownership of that parcel. Provides that for parcels not subject to any litigation, the written right of first refusal shall be given within 30 days after the effective date and the conveyance made if the entity gives written notice to the Director of the Department of Natural Resources that it will accept the property and pay the $1 consideration. Provides that conveyances are made subject to existing utilities, roads, reservations, easements, covenants, and restrictions of record. Effective immediately.
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A BILL FOR
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HB4075 |
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LRB096 04448 AJO 22486 b |
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| AN ACT concerning property.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. Arcola conveyance. The Director of the | 5 |
| Department of Natural Resources, on behalf of the State of | 6 |
| Illinois, shall, pursuant to the conditions stated in Section | 7 |
| 50, execute and deliver to the City of Arcola, an Illinois Unit | 8 |
| of Local Government, of the County of Douglas, State of | 9 |
| Illinois, for and in consideration of One Dollar ($1.00) paid | 10 |
| to said Department, a quit claim deed to the following | 11 |
| described real property, to wit: | 12 |
| All that part of the following described property lying | 13 |
| between Locust Street and Collins Street in the City of | 14 |
| Arcola, and all that part of the following described | 15 |
| property running from Jacques Street, in the City of | 16 |
| Arcola, in an easterly direction approximately two (2) | 17 |
| miles, to wit: | 18 |
| All those certain pieces or parcels of land and | 19 |
| premises, easements, rights-of-way and any other rights of | 20 |
| any kind whatsoever appurtenant thereto or used in | 21 |
| conjunction therewith on and along that portion of the | 22 |
| former Peoria Secondary Track of the Penn Central |
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| Corporation, as granted to The People of the State of | 2 |
| Illinois, Department of Conservation, by Quit Claim Deed | 3 |
| dated September 20, 1991, recorded in the Moultrie County | 4 |
| Recorder's Office as document #228680, recorded in the | 5 |
| Douglas County Recorder's Office in Deed Book 221 at Page | 6 |
| 238, and recorded in the Coles County Recorder's Office in | 7 |
| Volume 771 at Page 209; | 8 |
| EXCEPT that part thereof required by the Illinois | 9 |
| Department of Transportation for the future widening of | 10 |
| Interstate 57.
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| Section 10. Arthur conveyance. The Director of the | 12 |
| Department of Natural Resources, on behalf of the State of | 13 |
| Illinois, shall, pursuant to the conditions stated in Section | 14 |
| 50, execute and deliver to the Village of Arthur, an Illinois | 15 |
| Unit of Local Government, of the Counties of Douglas and | 16 |
| Moultrie, for and in consideration of One Dollar ($1.00) paid | 17 |
| to said Department, a quit claim deed to the following | 18 |
| described real property, to wit: | 19 |
| All that part of the following described property lying | 20 |
| westerly of the East line of the Northwest Quarter (NW 1/4) | 21 |
| of Section 30, Township 15 North, Range 7 East of the Third | 22 |
| Principal Meridian, Douglas County, Illinois, as extended | 23 |
| across the former right-of-way of the abandoned Penn |
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| Central Railroad, and easterly of the West right of way | 2 |
| line of
Glasgow Street in the Village of Arthur, Moultrie | 3 |
| County, Illinois, as extended across said railroad | 4 |
| right-of-way, to wit: | 5 |
| Part of Section 25 Township 15 North, Range 6 East of | 6 |
| the Third Principal Meridian, Moultrie County, Illinois | 7 |
| and part of Section 30, Township 15 North, Range 7 East of | 8 |
| the Third Principal Meridian, Douglas County, Illinois, | 9 |
| being all those certain pieces or parcels of land and | 10 |
| premises, easements, rights-of-way and any other rights of | 11 |
| any kind whatsoever appurtenant thereto or used in | 12 |
| conjunction therewith on and along that portion of the | 13 |
| former Peoria Secondary Track of the Penn Central | 14 |
| Corporation, lying within said Sections 25 and 30, as | 15 |
| granted to The People of the State of Illinois, Department | 16 |
| of Conservation, by Quit Claim Deed dated September 20, | 17 |
| 1991, recorded in the Moultrie County Recorder's Office as | 18 |
| document #228680, recorded in the Douglas County | 19 |
| Recorder's Office in Deed Book 221 at Page 238, and | 20 |
| recorded in the Coles County Recorder's Office in Volume | 21 |
| 771 at Page 209.
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| Section 15. Hindsboro conveyance. The Director of the | 23 |
| Department of Natural Resources, on behalf of the State of | 24 |
| Illinois, shall, pursuant to the conditions stated in Section |
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| 50, execute and deliver to the Village of Hindsboro, an | 2 |
| Illinois Unit of Local Government, of the County of Douglas, | 3 |
| State of Illinois, for and in consideration of One Dollar | 4 |
| ($1.00) paid to said Department, a quit claim deed to the | 5 |
| following described real property, to wit: | 6 |
| All that part of the following described property lying | 7 |
| within the limits of the Village of Hindsboro, to wit: | 8 |
| All those certain pieces or parcels of land and | 9 |
| premises, easements, rights-of-way and any other rights of | 10 |
| any kind whatsoever appurtenant thereto or used in | 11 |
| conjunction therewith on and along that portion of the | 12 |
| former Peoria Secondary Track of the Penn Central | 13 |
| Corporation, as granted to The People of the State of | 14 |
| Illinois, Department of Conservation, by Quit Claim Deed | 15 |
| dated September 20, 1991, recorded in the Moultrie County | 16 |
| Recorder's Office as document #228680, recorded in the | 17 |
| Douglas County Recorder's Office in Deed Book 221 at Page | 18 |
| 238, and recorded in the Coles County Recorder's Office in | 19 |
| Volume 771 at Page 209.
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| Section 20. Lovington conveyance. The Director of the | 21 |
| Department of Natural Resources, on behalf of the State of | 22 |
| Illinois, shall, pursuant to the conditions stated in Section | 23 |
| 50, execute and deliver to the Village of Lovington, an |
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| Illinois Unit of Local Government, of the County of Moultrie, | 2 |
| State of Illinois, for and in consideration of One Dollar | 3 |
| ($1.00) paid to said Department, a quit claim deed to the | 4 |
| following described real property, to wit: | 5 |
| All that part of the following described property | 6 |
| running from the Illinois Route 32 river bridge, eastward | 7 |
| through Lovington and to the East line of Lovington | 8 |
| Township, to wit: | 9 |
| All those certain pieces or parcels of land and | 10 |
| premises, easements, rights-of-way and any other rights of | 11 |
| any kind whatsoever appurtenant thereto or used in | 12 |
| conjunction therewith on and along that portion of the | 13 |
| former Peoria Secondary Track of the Penn Central | 14 |
| Corporation, as granted to The People of the State of | 15 |
| Illinois, Department of Conservation, by Quit Claim Deed | 16 |
| dated September 20, 1991, recorded in the Moultrie County | 17 |
| Recorder's Office as document #228680, recorded in the | 18 |
| Douglas County Recorder's Office in Deed Book 221 at Page | 19 |
| 238, and recorded in the Coles County Recorder's Office in | 20 |
| Volume 771 at Page 209.
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| Section 25. Lovington Township conveyance. The Director of | 22 |
| the Department of Natural Resources, on behalf of the State of | 23 |
| Illinois, shall, pursuant to the conditions stated in Section | 24 |
| 50, execute and deliver to Lovington Township, an Illinois Unit |
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| of Local Government, of the County of Moultrie, State of | 2 |
| Illinois, for and in consideration of One Dollar ($1.00) paid | 3 |
| to said Department, a quit claim deed to the following | 4 |
| described real property, to wit: | 5 |
| All that part of the following described property | 6 |
| running from Washington Street to Broadway Street in the | 7 |
| Village of Lovington, and all that part of the following | 8 |
| described property running from County Road 700 East, | 9 |
| eastwardly approximately 600 feet, to wit: | 10 |
| All those certain pieces or parcels of land and | 11 |
| premises, easements, rights-of-way and any other rights of | 12 |
| any kind whatsoever appurtenant thereto or used in | 13 |
| conjunction therewith on and along that portion of the | 14 |
| former Peoria Secondary Track of the Penn Central | 15 |
| Corporation, as granted to The People of the State of | 16 |
| Illinois, Department of Conservation, by Quit Claim Deed | 17 |
| dated September 20, 1991, recorded in the Moultrie County | 18 |
| Recorder's Office as document #228680, recorded in the | 19 |
| Douglas County Recorder's Office in Deed Book 221 at Page | 20 |
| 238, and recorded in the Coles County Recorder's Office in | 21 |
| Volume 771 at Page 209.
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| Section 30. East Oakland Township conveyance. The Director | 23 |
| of the Department of Natural Resources, on behalf of the State | 24 |
| of Illinois, shall, pursuant to the conditions stated in | 25 |
| Section 50, execute and deliver to East Oakland Township , an |
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| Illinois Unit of Local Government, of the County of Coles, | 2 |
| State of Illinois, for and in consideration of One Dollar | 3 |
| ($1.00) paid to said Department, a quit claim deed to the | 4 |
| following described real property, to wit: | 5 |
| All that part of the following described property | 6 |
| running from Main Street in Oakland, westerly to County | 7 |
| Road 2300 East, to wit: | 8 |
| All those certain pieces or parcels of land and | 9 |
| premises, easements, rights-of-way and any other rights of | 10 |
| any kind whatsoever appurtenant thereto or used in | 11 |
| conjunction therewith on and along that portion of the | 12 |
| former Peoria Secondary Track of the Penn Central | 13 |
| Corporation, as granted to The People of the State of | 14 |
| Illinois, Department of Conservation, by Quit Claim Deed | 15 |
| dated September 20, 1991, recorded in the Moultrie County | 16 |
| Recorder's Office as document #228680, recorded in the | 17 |
| Douglas County Recorder's Office in Deed Book 221 at Page | 18 |
| 238, and recorded in the Coles County Recorder's Office in | 19 |
| Volume 771 at Page 209.
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| Section 35. Bourbon Township conveyance. The Director of | 21 |
| the Department of Natural Resources, on behalf of the State of | 22 |
| Illinois, shall, pursuant to the conditions stated in Section | 23 |
| 50, execute and deliver to Bourbon Township, an Illinois Unit |
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HB4075 |
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| of Local Government, of the County of Douglas, State of | 2 |
| Illinois, for and in consideration of One Dollar ($1.00) paid | 3 |
| to said Department, a quit claim deed to the following | 4 |
| described real property, to wit: | 5 |
| All that part of the following described property | 6 |
| located within the limits of Bourbon Township, to wit: | 7 |
| All those certain pieces or parcels of land and | 8 |
| premises, easements, rights-of-way and any other rights of | 9 |
| any kind whatsoever appurtenant thereto or used in | 10 |
| conjunction therewith on and along that portion of the | 11 |
| former Peoria Secondary Track of the Penn Central | 12 |
| Corporation, as granted to The People of the State of | 13 |
| Illinois, Department of Conservation, by Quit Claim Deed | 14 |
| dated September 20, 1991, recorded in the Moultrie County | 15 |
| Recorder's Office as document #228680, recorded in the | 16 |
| Douglas County Recorder's Office in Deed Book 221 at Page | 17 |
| 238, and recorded in the Coles County Recorder's Office in | 18 |
| Volume 771 at Page 209.
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| Section 40. Douglas County conveyance. The Director of the | 20 |
| Department of Natural Resources, on behalf of the State of | 21 |
| Illinois, shall, pursuant to the conditions stated in Section | 22 |
| 50, execute and deliver to Douglas County, an Illinois Unit of | 23 |
| Local Government, for and in consideration of One Dollar | 24 |
| ($1.00) paid to said Department, a quit claim deed to the | 25 |
| following described real property, to wit: |
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| Various parcels for wetland mitigation, being parts of | 2 |
| the
following described property, to wit: | 3 |
| All those certain pieces or parcels of land and | 4 |
| premises, easements, rights-of-way and any other rights of | 5 |
| any kind whatsoever appurtenant thereto or used in | 6 |
| conjunction therewith on and along that portion of the | 7 |
| former Peoria Secondary Track of the Penn Central | 8 |
| Corporation, as granted to The People of the State of | 9 |
| Illinois, Department of Conservation, by Quit Claim Deed | 10 |
| dated September 20, 1991, recorded in the Moultrie County | 11 |
| Recorder's Office as document #228680, recorded in the | 12 |
| Douglas County Recorder's Office in Deed Book 221 at Page | 13 |
| 238, and recorded in the Coles County Recorder's Office in | 14 |
| Volume 771 at Page 209.
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| Section 45. Lowe Road District conveyance. The Director of | 16 |
| the Department of Natural Resources, on behalf of the State of | 17 |
| Illinois, shall, pursuant to the conditions stated in Section | 18 |
| 50, execute and deliver to Lowe Road District, an Illinois Unit | 19 |
| of Local Government, of the County of Moultrie, State of | 20 |
| Illinois, for and in consideration of One Dollar ($1.00) paid | 21 |
| to said Department, a quit claim deed to the following | 22 |
| described real property, to wit: |
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| Three (3) parcels in Lowe Township, one parcel starting | 2 |
| at the East side of Section 28 and running westerly | 3 |
| approximately 726 feet, another parcel running from one end | 4 |
| of Williamsburg to the other, and another parcel in Section | 5 |
| 27 behind Effingham Equity Fertilizer Plant, said parcels | 6 |
| being parts of the following described property, to wit: | 7 |
| All those certain pieces or parcels of land and | 8 |
| premises, easements, rights-of-way and any other rights of | 9 |
| any kind whatsoever appurtenant thereto or used in | 10 |
| conjunction therewith on and along that portion of the | 11 |
| former Peoria Secondary Track of the Penn Central | 12 |
| Corporation, as granted to The People of the State of | 13 |
| Illinois, Department of Conservation, by Quit Claim Deed | 14 |
| dated September 20, 1991, recorded in the Moultrie County | 15 |
| Recorder's Office as document #228680, recorded in the | 16 |
| Douglas County Recorder's Office in Deed Book 221 at Page | 17 |
| 238, and recorded in the Coles County Recorder's Office in | 18 |
| Volume 771 at Page 209.
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| Section 50. Restrictions and conditions. | 20 |
| (a) For a parcel of real property described in Section 5, | 21 |
| 10, 15, 20, 25, 30, 35, 40, or 45, that is not subject to any | 22 |
| litigation, the entity designated to receive real property | 23 |
| described in that Section shall within 30 days after the | 24 |
| effective date of this Act receive from the Department of |
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| Natural Resources a written notice of first refusal to receive | 2 |
| that property and if the entity designated to receive real | 3 |
| property described in that Section then gives written notice to | 4 |
| the Director of the Department of Natural Resources that the | 5 |
| entity will accept the described real property as grantee and | 6 |
| will tender the consideration of $1.00, the conveyance of the | 7 |
| parcel of real property shall be made pursuant to the | 8 |
| applicable Section and Section 55 and subject to existing | 9 |
| public utilities, existing public roads, and any and all | 10 |
| reservations, easements, covenants and restrictions of record. | 11 |
| (b) The conveyance of a parcel of real property authorized | 12 |
| by Section 5, 10, 15, 20, 25, 30, 35, 40, or 45, shall be made | 13 |
| as follows: if the property described in the appropriate | 14 |
| Section is included in whole or in part in a judgment in, or a | 15 |
| settlement or other resolution of litigation that is favorable | 16 |
| to the State of Illinois or the Department of Natural | 17 |
| Resources, as a party, concerning the property described in the | 18 |
| respective Section of this Act in the case of: Ag Farms, Inc. | 19 |
| v. American Premier Underwriters and the Illinois Department of | 20 |
| Natural Resources (2002-MR-6) in Moultrie County; or Hemingway | 21 |
| v. American Premier Underwriters the Illinois Department of | 22 |
| Natural Resources (97-MR-5) in Douglas County, then the entity | 23 |
| designated to receive real property described in that Section | 24 |
| shall receive, within 60 days after the conclusion of that | 25 |
| litigation as to that parcel of property, from the Department | 26 |
| of Natural Resources a written notice of first refusal to |
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| receive that property upon the conclusion, as to that parcel of | 2 |
| property, of that litigation if the entity designated to | 3 |
| receive real property described in that Section gives written | 4 |
| notice to the Director of the Department of Natural Resources | 5 |
| that the entity will accept the described real property as | 6 |
| grantee and will tender the consideration of $1.00; provided | 7 |
| that the conveyance is made subject to existing public | 8 |
| utilities, existing public roads, and any and all reservations, | 9 |
| easements, covenants and restrictions of record. | 10 |
| (c) Notwithstanding other provisions of this Act, for each | 11 |
| Section, the parcel of real property described in that Section | 12 |
| shall not be conveyed so long as there is pending any | 13 |
| litigation concerning the ownership of that parcel of property. | 14 |
| Section 55. The Director of Natural Resources shall obtain | 15 |
| a certified copy of the portions of this Act containing the | 16 |
| title, the enacting clause, the restrictions and conditions on | 17 |
| the property to be conveyed, the effective date, the | 18 |
| appropriate Section containing the land description of the | 19 |
| property to be conveyed, and this Section, within 60 days after | 20 |
| the entity designated as the grantee of the real property | 21 |
| described in the appropriate Section has delivered a written | 22 |
| notice to the Director of Natural Resources that states that | 23 |
| the entity will accept the described property as grantee and | 24 |
| will pay the consideration of $1.00 and, upon receipt of the | 25 |
| payment required by the Section, shall record the certified |
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| document in the Recorder's Office in the County in which the | 2 |
| land is located.
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| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law.
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