HB2963eng 103RD GENERAL ASSEMBLY

  
  
  

 


 
HB2963 EngrossedLRB103 26083 RLC 52438 b

1    AN ACT concerning conservation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. "An Act in relation to conservation", approved
5December 24, 1992, Public Act 87-1243, as amended by Public
6Act 88-468, is amended by changing Section 3 as follows:
 
7    (Public Act 87-1243, Section 3)
8    Sec. 3. In consideration of the conveyance of the real
9property described in Section 2 of this Act, the Dixon Park
10District shall covenant and agree with the State of Illinois
11as follows:
12    (a) The Dixon Park District agrees that it shall restore
13indigenous vegetation in all areas previously cleared for
14development or agriculture purposes which fall within a 300
15foot wide scenic buffer paralleling the Southwesterly bank of
16the Rock River for the entire length of the real property
17conveyed, and said Park District further agrees that all
18future development within said 300 foot scenic buffer shall be
19limited to hiking trails and bank fishing.
20    (b) The Dixon Park District agrees that it shall eliminate
21and prohibit all equestrian activities on the real property
22conveyed.
23    (c) The Dixon Park District agrees to exclude all

 

 

HB2963 Engrossed- 2 -LRB103 26083 RLC 52438 b

1development on the wooded area, containing 80 acres more or
2less, located at or near the Northwesterly portion of the real
3property conveyed.
4    (d) The Dixon Park District agrees that if it shall cease
5to use the real property conveyed, for public recreation, park
6or conservation purposes proposes, then the title to such real
7property shall revert to the State of Illinois, Department of
8Natural Resources. As used in this Section, "Department" means
9the Department of Natural Resources Conservation.
10    (e) The above covenants shall run with the land and shall
11be binding upon the Grantee, its successors and assigns in
12perpetuity.
13    On and after August 31, 1993 (the effective date of Public
14Act 88-468) this amendatory Act of 1993, the Grantor expressly
15waives its right to enforce the covenant described in item (b)
16and expressly releases the Grantee in perpetuity from any
17obligations imposed upon it by the covenant described in item
18(b).
19    (f) Notwithstanding any other provision in this Section,
20the Dixon Park District is authorized to install and operate
21solar panels, to create all necessary ingress and egress, to
22construct any necessary connections to the electric grid, and
23to conduct any other necessary activities for the development
24and operation of a solar electric generation facility, which
25for the purposes of this Section is referred to as "Solar
26Facility", on the property described and under the conditions

 

 

HB2963 Engrossed- 3 -LRB103 26083 RLC 52438 b

1set forth in this subsection (f). The property authorized for
2the location of the Solar Facility, which for the purposes of
3this Section is referred to as "Solar Site", is the following
4described real estate and any additional real estate within
5the property described in Section 2 of this Act approved in
6writing by the Department:
7    Part of the Southwest Quarter (SW1/4) of Section
8    Twenty-eight (28), Township Twenty-two (22) North, Range
9    Nine (9) East of the Fourth (4th) Principal Meridian, Lee
10    County, Illinois, described as follows:
11    Commencing at the northwest corner of said Southwest
12    Quarter (SW1/4) of said Section Twenty-eight (28); thence
13    North 89 degrees 03 minutes 47 seconds East, along the
14    north line of said Southwest Quarter (SW1/4), a distance
15    of 294.00 to the Point of Beginning; thence North 89
16    degrees 03 minutes 47 seconds East, continuing along said
17    north line, a distance of 735.04 feet to the former
18    westerly right-of-way line of the railroad; thence South 0
19    degrees 32 minutes 28 seconds East, along said westerly
20    right-of-way line, a distance of 673.54 feet; thence
21    continuing along said westerly right-of-way line and along
22    the arc of a curve to the right having a radius of 3,769.83
23    feet, a chord bearing of South 9 degrees 45 minutes 04
24    seconds West, an arc length of 1,354.37 feet; thence South
25    89 degrees 26 minutes 02 seconds West, a distance of
26    449.11 feet to the east line of an existing 16.71 acre

 

 

HB2963 Engrossed- 4 -LRB103 26083 RLC 52438 b

1    tract; thence North 0 degrees 41 minutes 22 seconds East,
2    along the said east line, a distance of 630.00 feet to the
3    northeast corner of said 16.71 acre tract; thence North 89
4    degrees 18 minutes 38 seconds West, along the north line
5    of said 16.71 acre tract, a distance of 378.39 feet to the
6    west line of aforementioned Southwest Quarter (SW1/4);
7    thence North 0 degrees 32 minutes 24 seconds East, along
8    said west line, a distance of 1,082.30 feet; thence North
9    89 degrees 03 minutes 47 seconds East, a distance of
10    294.00 feet; thence North 0 degrees 32 minutes 24 seconds
11    East, a distance of 272.00 feet to the Point of Beginning,
12    containing 38.259 acres, more or less.
13    The Dixon Park District is authorized to develop and
14operate the Solar Facility under the following conditions:
15        (1) the Dixon Park District shall develop and operate
16    the Solar Facility in a manner to minimize environmental
17    impacts on the Solar Site and all of the real property
18    described in Section 2 of this Act;
19        (2) the Dixon Park District shall provide the
20    Department with all plans for the development of the Solar
21    Facility, engage in consultation with the Department, and
22    implement the recommendations of the Department before
23    beginning any construction or development activity;
24        (3) the Dixon Park District shall operate the Solar
25    Facility consistent with all applicable laws and
26    regulations, with public safety, with environmental

 

 

HB2963 Engrossed- 5 -LRB103 26083 RLC 52438 b

1    protection, and to the Department's satisfaction, as
2    determined solely by the Department;
3        (4) the Dixon Park District shall operate the Solar
4    Facility as a pollinator-friendly solar site in compliance
5    with the Pollinator-Friendly Solar Site Act;
6        (5) if the Dixon Park District ceases to use the Solar
7    Site as a Solar Facility, the Dixon Park District shall
8    immediately remove all Solar Facility equipment and
9    improvements and restore the Solar Site to its previous
10    condition to the Department's sole satisfaction and,
11    thereafter, use the property only for public recreation,
12    park, or conservation purposes; and
13        (6) if the Dixon Park District violates any of the
14    conditions set forth in this subsection (f), title to the
15    Solar Site and all of the real property described in
16    Section 2 of this Act shall revert to the State of
17    Illinois, Department of Natural Resources.
18    (g) To implement the requirement to covenant and agree
19with the State on the requirements set forth in Section 2, the
20Dixon Park District shall execute an amendment to the
21quitclaim deed dated December 8, 1993 and recorded January 11,
221994 in Book 9401 of Deeds at Page 0711 in the Recorder's
23Office of Lee County, Illinois, which shall be prepared by the
24Department to implement said requirements. The authorization
25for the Dixon Park District to develop and operate the Solar
26Facility provided in subsection (f) shall not become effective

 

 

HB2963 Engrossed- 6 -LRB103 26083 RLC 52438 b

1until the amended quitclaim deed is fully executed by the
2Dixon Park District and properly recorded in the Lee County
3Recorder's Office.
4(Source: P.A. 88-468, eff. 8-31-93.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.