Illinois General Assembly - Full Text of HB4075

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Full Text of HB4075 96th General Assembly

Introduced Engrossed Enrolled
House Amendment 001
Public Act
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HB4075ham001 96TH GENERAL ASSEMBLY
Rep. Chapin Rose
Filed: 3/30/2009

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1 AMENDMENT TO HOUSE BILL 4075
2     AMENDMENT NO. ______. Amend House Bill 4075 by replacing
3 everything after the enacting clause with the following:

4     "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)

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1     miles, to wit:

2         All those certain pieces or parcels of land and
3     premises, easements, rights-of-way and any other rights of
4     any kind whatsoever appurtenant thereto or used in
5     conjunction therewith on and along that portion of the
6     former Peoria Secondary Track of the Penn Central
7     Corporation, as granted to The People of the State of
8     Illinois, Department of Conservation, by Quit Claim Deed
9     dated September 20, 1991, recorded in the Moultrie County
10     Recorder's Office as document #228680, recorded in the
11     Douglas County Recorder's Office in Deed Book 221 at Page
12     238, and recorded in the Coles County Recorder's Office in
13     Volume 771 at Page 209;

14         EXCEPT that part thereof required by the Illinois
15     Department of Transportation for the future widening of
16     Interstate 57.

17     Section 10. Arthur conveyance. The Director of the
18 Department of Natural Resources, on behalf of the State of
19 Illinois, shall, pursuant to the conditions stated in Section
20 50, execute and deliver to the Village of Arthur, an Illinois
21 Unit of Local Government, of the Counties of Douglas and
22 Moultrie, for and in consideration of One Dollar ($1.00) paid
23 to said Department, a quit claim deed to the following

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1 described real property, to wit:

2         All that part of the following described property lying
3     westerly of the East line of the Northwest Quarter (NW 1/4)
4     of Section 30, Township 15 North, Range 7 East of the Third
5     Principal Meridian, Douglas County, Illinois, as extended
6     across the former right-of-way of the abandoned Penn
7     Central Railroad, and easterly of the West right of way
8     line of Glasgow Street in the Village of Arthur, Moultrie
9     County, Illinois, as extended across said railroad
10     right-of-way, to wit:

11         Part of Section 25 Township 15 North, Range 6 East of
12     the Third Principal Meridian, Moultrie County, Illinois
13     and part of Section 30, Township 15 North, Range 7 East of
14     the Third Principal Meridian, Douglas County, Illinois,
15     being all those certain pieces or parcels of land and
16     premises, easements, rights-of-way and any other rights of
17     any kind whatsoever appurtenant thereto or used in
18     conjunction therewith on and along that portion of the
19     former Peoria Secondary Track of the Penn Central
20     Corporation, lying within said Sections 25 and 30, as
21     granted to The People of the State of Illinois, Department
22     of Conservation, by Quit Claim Deed dated September 20,
23     1991, recorded in the Moultrie County Recorder's Office as
24     document #228680, recorded in the Douglas County

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1     Recorder's Office in Deed Book 221 at Page 238, and
2     recorded in the Coles County Recorder's Office in Volume
3     771 at Page 209.

4     Section 15. Hindsboro 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 Village of Hindsboro, an
8 Illinois Unit of Local Government, of the County of Douglas,
9 State of Illinois, for and in consideration of One Dollar
10 ($1.00) paid to said Department, a quit claim deed to the
11 following described real property, to wit:

12         All that part of the following described property lying
13     within the limits of the Village of Hindsboro, to wit:

14         All those certain pieces or parcels of land and
15     premises, easements, rights-of-way and any other rights of
16     any kind whatsoever appurtenant thereto or used in
17     conjunction therewith on and along that portion of the
18     former Peoria Secondary Track of the Penn Central
19     Corporation, as granted to The People of the State of
20     Illinois, Department of Conservation, by Quit Claim Deed
21     dated September 20, 1991, recorded in the Moultrie County
22     Recorder's Office as document #228680, recorded in the
23     Douglas County Recorder's Office in Deed Book 221 at Page

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1     238, and recorded in the Coles County Recorder's Office in
2     Volume 771 at Page 209.

3     Section 20. Lovington conveyance. The Director of the
4 Department of Natural Resources, on behalf of the State of
5 Illinois, shall, pursuant to the conditions stated in Section
6 50, execute and deliver to the Village of Lovington, an
7 Illinois Unit of Local Government, of the County of Moultrie,
8 State of Illinois, for and in consideration of One Dollar
9 ($1.00) paid to said Department, a quit claim deed to the
10 following described real property, to wit:

11         All that part of the following described property
12     running from the Illinois Route 32 river bridge, eastward
13     through Lovington and to the East line of Lovington
14     Township, to wit:
15         All those certain pieces or parcels of land and
16     premises, easements, rights-of-way and any other rights of
17     any kind whatsoever appurtenant thereto or used in
18     conjunction therewith on and along that portion of the
19     former Peoria Secondary Track of the Penn Central
20     Corporation, as granted to The People of the State of
21     Illinois, Department of Conservation, by Quit Claim Deed
22     dated September 20, 1991, recorded in the Moultrie County
23     Recorder's Office as document #228680, recorded in the
24     Douglas County Recorder's Office in Deed Book 221 at Page

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1     238, and recorded in the Coles County Recorder's Office in
2     Volume 771 at Page 209.

3     Section 25. Lovington Township conveyance. The Director of
4 the Department of Natural Resources, on behalf of the State of
5 Illinois, shall, pursuant to the conditions stated in Section
6 50, execute and deliver to Lovington Township, an Illinois Unit
7 of Local Government, of the County of Moultrie, State of
8 Illinois, for and in consideration of One Dollar ($1.00) paid
9 to said Department, a quit claim deed to the following
10 described real property, to wit:
11         All that part of the following described property
12     running from Washington Street to Broadway Street in the
13     Village of Lovington, and all that part of the following
14     described property running from County Road 700 East,
15     eastwardly approximately 600 feet, to wit:
16         All those certain pieces or parcels of land and
17     premises, easements, rights-of-way and any other rights of
18     any kind whatsoever appurtenant thereto or used in
19     conjunction therewith on and along that portion of the
20     former Peoria Secondary Track of the Penn Central
21     Corporation, as granted to The People of the State of
22     Illinois, Department of Conservation, by Quit Claim Deed
23     dated September 20, 1991, recorded in the Moultrie County
24     Recorder's Office as document #228680, recorded in the
25     Douglas County Recorder's Office in Deed Book 221 at Page

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1     238, and recorded in the Coles County Recorder's Office in
2     Volume 771 at Page 209.

3     Section 30. East Oakland Township conveyance. The Director
4 of the Department of Natural Resources, on behalf of the State
5 of Illinois, shall, pursuant to the conditions stated in
6 Section 50, execute and deliver to East Oakland Township , an
7 Illinois Unit of Local Government, of the County of Coles,
8 State of Illinois, for and in consideration of One Dollar
9 ($1.00) paid to said Department, a quit claim deed to the
10 following described real property, to wit:

11         All that part of the following described property
12     running from Main Street in Oakland, westerly to County
13     Road 2300 East, to wit:

14         All those certain pieces or parcels of land and
15     premises, easements, rights-of-way and any other rights of
16     any kind whatsoever appurtenant thereto or used in
17     conjunction therewith on and along that portion of the
18     former Peoria Secondary Track of the Penn Central
19     Corporation, as granted to The People of the State of
20     Illinois, Department of Conservation, by Quit Claim Deed
21     dated September 20, 1991, recorded in the Moultrie County
22     Recorder's Office as document #228680, recorded in the
23     Douglas County Recorder's Office in Deed Book 221 at Page

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1     238, and recorded in the Coles County Recorder's Office in
2     Volume 771 at Page 209.

3     Section 35. Bourbon Township conveyance. The Director of
4 the Department of Natural Resources, on behalf of the State of
5 Illinois, shall, pursuant to the conditions stated in Section
6 50, execute and deliver to Bourbon Township, an Illinois Unit
7 of Local Government, of the County of Douglas, State of
8 Illinois, for and in consideration of One Dollar ($1.00) paid
9 to said Department, a quit claim deed to the following
10 described real property, to wit:
11         All that part of the following described property
12     located within the limits of Bourbon Township, to wit:
13         All those certain pieces or parcels of land and
14     premises, easements, rights-of-way and any other rights of
15     any kind whatsoever appurtenant thereto or used in
16     conjunction therewith on and along that portion of the
17     former Peoria Secondary Track of the Penn Central
18     Corporation, as granted to The People of the State of
19     Illinois, Department of Conservation, by Quit Claim Deed
20     dated September 20, 1991, recorded in the Moultrie County
21     Recorder's Office as document #228680, recorded in the
22     Douglas County Recorder's Office in Deed Book 221 at Page
23     238, and recorded in the Coles County Recorder's Office in
24     Volume 771 at Page 209.

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1         ALSO,

2         That tract or parcel of land previously conveyed from
3     Lorenzo S. Stewart and his wife to the People of the State
4     of Illinois, Department of Conservation, by Warranty Deed
5     recorded in the Recorder's Office of Douglas County,
6     Illinois, on March 12, 1992, in Book 223 of Deeds at page
7     135, as Document No. 188627, said tract or parcel being
8     described as follows:
9         That portion of the Penn Central Corporations's Peoria
10     Secondary Line of Railroad (now abandoned) lying between
11     the centerline of Bourbon Road (Station No. 3093 + 20) and
12     the East line of Section 35, Township 15 North, Range 7
13     East of the Third Principal Meridian (Station No. 3079 +
14     75), containing 3.86 acres, more or less, and being a part
15     of the Southeast Quarter of said Section 35.

16         ALSO,

17         That permanent irrevocable easement previously
18     conveyed from OKAW Buildings, Inc., an Illinois
19     Corporation, to the People of the State of Illinois,
20     Department of Conservation, by Deed Granting Easement
21     recorded October 24, 1994, in the Recorder's Office of
22     Douglas County, Illinois, in Book 346 of Records at page
23     346, as Document No. 198983, over, under, upon and along

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1     the following described real estate for the purpose of
2     constructing, maintaining, repairing and operating the
3     Prairie Wind State Trail, to wit:
4         GENERAL DESCRIPTION: The Easterly 75 feet, and the
5     Northerly 20 feet of the following described tract of land:
6         All that parcel of land situate in the Township of
7     Bourbon, County of Douglas, State of Illinois, being part
8     of the Southeast Quarter of the Northwest Quarter of
9     Section 35, Township 15 North, Range 7 East of the Third
10     Principal Meridian, and being all of the right, title and
11     interest of the Grantor herein and to all those certain
12     pieces or parcels of land and premises, easements,
13     right-of-way and any other rights of any kind whatsoever
14     appurtenant to or used in conjunction therewith on and
15     along that portion of the former Peoria Secondary of the
16     Penn Central Corporation, described as follows: Beginning
17     at the West line of said Southeast Quarter of the Northwest
18     Quarter of Section 35 as extended across the right-of-way
19     of said Peoria Secondary through a point in the centerline
20     thereof at Railroad Valuation Station 3119+55, the same
21     being within the limits of East Street; thence extending in
22     a Southeasterly direction along the centerline of said
23     railroad a distance of 777 feet, more or less, to a line
24     coincident with the Easterly face of the backwall for
25     Bridge No. 58/86 as extended across the right-of-way of
26     said Peoria Secondary through a point in the centerline

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1     thereof at Railroad Valuation Station 3111+80, the same
2     being the place of ending, situated in the County of
3     Douglas, in the State of Illinois;
4         DETAIL DESCRIPTION: Part of the Southeast Quarter of
5     the Northwest Quarter of Section 35, Township 15 North,
6     Range 7 East of the Third Principal Meridian, more
7     particularly described as follows:
8         Commencing at the Northwest corner of Lot 9, Rork's
9     Subdivision, Chesterville, Illinois; thence South 74
10     degrees 20 minutes 00 seconds East (an assumed bearing) on
11     the Southerly right-of-way line of the former Peoria
12     Secondary of the Penn Central Corporation, 520.52 feet to a
13     point on the West line of the Southeast Quarter of the
14     Northwest Quarter of said Section 35; thence North 00
15     degrees 00 minutes 00 seconds East on the West line of said
16     Southeast Quarter of the Northwest Quarter, 31.24 feet to
17     the Point of Beginning; thence from said Point of
18     Beginning, North 00 degrees 00 minutes 00 seconds East on
19     the West line of said Southeast Quarter of the Northwest
20     Quarter, 20.68 feet to a point on the Northerly
21     right-of-way line of the former Peoria Secondary of the
22     Penn Central Corporation; thence South 74 degrees 20
23     minutes 00 seconds East on said Northerly right-of-way
24     line, 758.47 feet to a point; thence South 15 degrees 40
25     minutes 00 seconds West, 50.00 feet to a point on the
26     Southerly right-of-way line of the former Peoria Secondary

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1     of the Penn Central Corporation; thence North 74 degrees 20
2     minutes 00 seconds West on said Southerly right-of-way
3     line, 75.00 feet to a point; thence North 15 degrees 40
4     minutes 00 seconds East, 30.00 feet to a point; thence
5     North 74 degrees 20 minutes 00 seconds West, 677.88 feet to
6     the Point of Beginning, containing 0.40 acres, more or
7     less, all situated in the County of Douglas, in the State
8     of Illinois.

9         ALSO,

10         Three (3) Tracts of land previously conveyed from
11     Robert D. Stewart and wife to the People of the State of
12     Illinois, Department of Conservation, by Warranty Deed
13     recorded in the Recorder's Office of Douglas County,
14     Illinois, on March 8, 1993, in Book 287 of Records at page
15     242, as Document 192675, said Tracts being described as
16     follows:
17         Tract I:
18         All that strip or parcel of land, 100 feet wide,
19     situate in the Township of Bourbon, County of Douglas,
20     State of Illinois, being part of the Northeast Quarter and
21     part of the Northwest Quarter of Section 34, Township 15
22     North, Range 7 East of the Third Principal Meridian and
23     being that portion of the former Peoria Secondary of the
24     Penn Central Corporation further bounded and described

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1     according to a plan of survey made by W. Justin Grady,
2     Registered Land Surveyor No. 2259, dated November 6, 1990,
3     as follows: Beginning at the intersection of the South
4     Right of Way Line of said Peoria Secondary with the East
5     Line of said Section 34; thence Northwesterly along said
6     South Right of Way Line on an Azimuth of 285 degrees 03
7     minutes, a distance of 3,402.62 feet; thence North crossing
8     said property to the North Right of Way Line of said Peoria
9     Secondary along a line on an Azimuth of 0 degrees 00
10     minutes, a distance of 103.60 feet; thence Southeasterly
11     along said North Right of way Line on an Azimuth of 105
12     degrees 03 minutes, a distance of 3,402.62 feet; thence
13     South along the East Line of said Section 34 on an Azimuth
14     of 180 degrees 00 minutes, a distance of 103.60 feet to the
15     point of beginning.
16         Tract II:
17         All that parcel of land situate in the Village of
18     Chesterville, County of Douglas, State of Illinois, being
19     part of the Southwest Quarter of the Northwest Quarter of
20     Section 35, Township 15 North, Range 7 East of the Third
21     Principal Meridian and being all of the right, title and
22     interest of the Grantor herein and to all those certain
23     pieces of parcels of land and premises, easements, rights
24     of way and any other rights of any kind whatsoever
25     appurtenant thereto or used in conjunction therewith on and
26     along that portion of the former Peoria Secondary Track of

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1     the Penn Central Corporation, described as follows:
2     Beginning at the West line of said Section 35 as extended
3     across the right of way of said Peoria Secondary through a
4     point in the centerline thereof at Railroad Valuation
5     Station 3133+10, more or less, thence extending in a
6     Southeasterly direction along the centerline of said
7     railroad a distance of 790 feet, more or less, to the
8     centerline of the first north/south thru street as extended
9     across the right of way of said Peoria Secondary through a
10     point in the centerline thereof at Railroad Valuation
11     Station 3125+20, the place of ending.
12         Tract III:
13         Lot 13 of original town of Chesterville, Douglas
14     County, Illinois.

15     Section 40. City of Oakland conveyance. The Director of the
16 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 City of Oakland, an Illinois Unit of
19 Local Government, of the County of Coles for and in
20 consideration of One Dollar ($1.00) paid to said Department, a
21 quit claim deed to the following described real property, to
22 wit:

23         All that part of the following described property
24     situated in Coles County, Illinois, to wit:

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1         All those certain pieces or parcels of land and
2     premises, easements, rights-of-way and any other rights of
3     any kind whatsoever appurtenant thereto or used in
4     conjunction therewith on and along that portion of the
5     former Peoria Secondary Track of the Penn Central
6     Corporation, as granted to The People of the State of
7     Illinois, Department of Conservation, by Quit Claim Deed
8     dated September 20, 1991, recorded in the Moultrie County
9     Recorder's Office as document #228680, recorded in the
10     Douglas County Recorder's Office in Deed Book 221 at Page
11     238, and recorded in the Coles County Recorder's Office in
12     Volume 771 at Page 209.

13     Section 45. Lowe Road District conveyance. The Director of
14 the Department of Natural Resources, on behalf of the State of
15 Illinois, shall, pursuant to the conditions stated in Section
16 50, execute and deliver to Lowe Road District, an Illinois Unit
17 of Local Government, of the County of Moultrie, State of
18 Illinois, for and in consideration of One Dollar ($1.00) paid
19 to said Department, a quit claim deed to the following
20 described real property, to wit:

21         Three (3) parcels in Lowe Township, one parcel starting
22     at the East side of Section 28 and running westerly
23     approximately 726 feet, another parcel running from one end

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1     of Williamsburg to the other, and another parcel in Section
2     27 behind Effingham Equity Fertilizer Plant, said parcels
3     being parts of the following described property, to wit:

4         All those certain pieces or parcels of land and
5     premises, easements, rights-of-way and any other rights of
6     any kind whatsoever appurtenant thereto or used in
7     conjunction therewith on and along that portion of the
8     former Peoria Secondary Track of the Penn Central
9     Corporation, as granted to The People of the State of
10     Illinois, Department of Conservation, by Quit Claim Deed
11     dated September 20, 1991, recorded in the Moultrie County
12     Recorder's Office as document #228680, recorded in the
13     Douglas County Recorder's Office in Deed Book 221 at Page
14     238, and recorded in the Coles County Recorder's Office in
15     Volume 771 at Page 209.

16     Section 50. Restrictions and conditions.
17     (a) For a parcel of real property described in Section 5,
18 10, 15, 20, 25, 30, 35, 40, or 45, that is not subject to any
19 litigation, the entity designated to receive real property
20 described in that Section shall within 30 days after the
21 effective date of this Act receive from the Department of
22 Natural Resources a written notice of first refusal to receive
23 that property and if the entity designated to receive real
24 property described in that Section then gives written notice to

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1 the Director of the Department of Natural Resources that the
2 entity will accept the described real property as grantee and
3 will tender the consideration of $1.00, the conveyance of the
4 parcel of real property shall be made pursuant to the
5 applicable Section and Section 55 and subject to existing
6 public utilities, existing public roads, and any and all
7 reservations, easements, covenants and restrictions of record.
8     (b) The conveyance of a parcel of real property authorized
9 by Section 5, 10, 15, 20, 25, 30, 35, 40, or 45, shall be made
10 as follows: if the property described in the appropriate
11 Section is included in whole or in part in a judgment in, or a
12 settlement or other resolution of litigation that is favorable
13 to the State of Illinois or the Department of Natural
14 Resources, as a party, concerning the property described in the
15 respective Section of this Act in the case of: Ag Farms, Inc.
16 v. American Premier Underwriters and the Illinois Department of
17 Natural Resources (2002-MR-6) in Moultrie County; or Hemingway
18 v. American Premier Underwriters the Illinois Department of
19 Natural Resources (97-MR-5) in Douglas County, then the entity
20 designated to receive real property described in that Section
21 shall receive, within 60 days after the conclusion of that
22 litigation as to that parcel of property, from the Department
23 of Natural Resources a written notice of first refusal to
24 receive that property upon the conclusion, as to that parcel of
25 property, of that litigation if the entity designated to
26 receive real property described in that Section gives written

09600HB4075ham001 - 18 - LRB096 04448 AJO 24506 a

1 notice to the Director of the Department of Natural Resources
2 that the entity will accept the described real property as
3 grantee and will tender the consideration of $1.00; provided
4 that the conveyance is made subject to existing public
5 utilities, existing public roads, and any and all reservations,
6 easements, encumbrances, covenants and restrictions of record.
7     (c) Notwithstanding other provisions of this Act, for each
8 Section, the parcel of real property described in that Section
9 shall not be conveyed so long as there is pending any
10 litigation concerning the ownership of that parcel of property.

11     Section 55. The Director of Natural Resources shall obtain
12 a certified copy of the portions of this Act containing the
13 title, the enacting clause, the restrictions and conditions on
14 the property to be conveyed, the effective date, the
15 appropriate Section containing the land description of the
16 property to be conveyed, and this Section, within 60 days after
17 the entity designated as the grantee of the real property
18 described in the appropriate Section has delivered a written
19 notice to the Director of Natural Resources that states that
20 the entity will accept the described property as grantee and
21 will pay the consideration of $1.00 and, upon receipt of the
22 payment required by the Section, shall record the certified
23 document in the Recorder's Office in the County in which the
24 land is located.

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

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