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90_HB0473enr
735 ILCS 5/7-103 from Ch. 110, par. 7-103
Amends the Code of Civil Procedure to give quick-take
powers to the Village of Morton Grove within the area
designated as a tax increment redevelopment project area for
a period of 10 years. Effective immediately.
LRB9002602NTsb
HB0473 Enrolled LRB9002602NTsb
1 AN ACT to amend the Code of Civil Procedure by changing
2 Section 7-103.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Civil Procedure is amended by
6 changing Section 7-103 as follows:
7 (735 ILCS 5/7-103) (from Ch. 110, par. 7-103)
8 (Text of Section before amendment by P.A. 89-683)
9 Sec. 7-103. "Quick-take". This Section applies only to
10 proceedings under this Article:
11 (1) by the State of Illinois, the Illinois Toll
12 Highway Authority or the St. Louis Metropolitan Area
13 Airport Authority for the acquisition of land or
14 interests therein for highway purposes;
15 (2) (blank);
16 (3) by the Department of Commerce and Community
17 Affairs for the purpose specified in the Illinois Coal
18 Development Bond Act;
19 (4) (blank);
20 (5) for the purpose specified in the St. Louis
21 Metropolitan Area Airport Authority Act;
22 (6) for a period of 24 months after May 24, 1996,
23 by the Southwestern Illinois Development Authority
24 pursuant to the Southwestern Illinois Development
25 Authority Act;
26 (7) for a period of 3 years after December 30,
27 1987, by the Quad Cities Regional Economic Development
28 Authority (except for the acquisition of land or
29 interests therein that is farmland, or upon which is
30 situated a farm dwelling and appurtenant structures, or
31 upon which is situated a residence, or which is wholly
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1 within an area that is zoned for residential use)
2 pursuant to the Quad Cities Regional Economic Development
3 Authority Act;
4 (8) by a sanitary district created under the
5 Metropolitan Water Reclamation District Act for the
6 acquisition of land or interests therein for purposes
7 specified in that Act;
8 (9) by a rail carrier within the time limitations
9 and subject to the terms and conditions set forth in
10 Section 18c-7501 of the Illinois Vehicle Code;
11 (10) for a period of 18 months after January 26,
12 1987, for the purpose specified in Division 135 of
13 Article 11 of the Illinois Municipal Code, by a
14 commission created under Section 2 of the Water
15 Commission Act of 1985;
16 (11) by a village containing a population of less
17 than 15,000 for the purpose of acquiring property to be
18 used for a refuse derived fuel system designed to
19 generate steam and electricity, and for industrial
20 development that will utilize such steam and electricity,
21 pursuant to Section 11-19-10 of the Illinois Municipal
22 Code;
23 (12) after receiving the prior approval of the City
24 Council, by a municipality having a population of more
25 than 500,000 for the purposes set forth in Section
26 11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
27 Illinois Municipal Code, and for the same purposes when
28 established pursuant to home rule powers;
29 (13) by a home rule municipality, after a public
30 hearing held by the corporate authorities or by a
31 committee of the corporate authorities and after approval
32 by a majority of the corporate authorities, within an
33 area designated as an enterprise zone by the municipality
34 under the Illinois Enterprise Zone Act;
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1 (14) by the Illinois Sports Facilities Authority
2 for the purpose specified in Section 12 of the Illinois
3 Sports Facilities Authority Act;
4 (15) by a municipality having a population of more
5 than 2,000,000 for the purpose of acquiring the property
6 described in Section 3 of the Sports Stadium Act;
7 (16) for a period of 18 months after July 29, 1986,
8 in any proceeding by the Board of Trustees of the
9 University of Illinois for the acquisition of land in
10 Champaign County or interests therein as a site for a
11 building or for any educational purpose;
12 (17) for a period of 2 years after July 1, 1990, by
13 a home rule municipality and a county board, upon
14 approval of a majority of the corporate authorities of
15 both the county board and the municipality, within an
16 area designated as an enterprise zone by the municipality
17 and the county board through an intergovernmental
18 agreement under the Illinois Enterprise Zone Act, when
19 the purpose of the condemnation proceeding is to acquire
20 land for the construction of an industrial harbor port,
21 and when the total amount of land to be acquired for that
22 purpose is less than 75 acres and is adjacent to the
23 Illinois River;
24 (18) by an airport authority located solely within
25 the boundaries of Madison County, Illinois, and which is
26 organized pursuant to the provisions of the Airport
27 Authorities Act, (i) for the acquisition of 160 acres, or
28 less, of land or interests therein for the purposes
29 specified in that Act which may be necessary to extend,
30 mark, and light runway 11/29 for a distance of 1600 feet
31 in length by 100 feet in width with parallel taxiway, to
32 relocate and mark County Highway 19, Madison County,
33 known as Moreland Road, to relocate the instrument
34 landing system including the approach lighting system and
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1 to construct associated drainage, fencing and seeding
2 required for the foregoing project and (ii) for a period
3 of 6 months after December 28, 1989, for the acquisition
4 of 75 acres, or less, of land or interests therein for
5 the purposes specified in that Act which may be necessary
6 to extend, mark and light the south end of runway 17/35
7 at such airport;
8 (19) by any unit of local government for a
9 permanent easement for the purpose of maintaining,
10 dredging or cleaning the Little Calumet River;
11 (20) by any unit of local government for a
12 permanent easement for the purpose of maintaining,
13 dredging or cleaning the Salt Creek in DuPage County;
14 (21) by St. Clair County, Illinois, for the
15 development of a joint use facility at Scott Air Force
16 Base;
17 (22) by the Village of Summit, Illinois, to acquire
18 land for a waste to energy plant;
19 (23) for a period of 15 months after September 7,
20 1990, by the Department of Transportation or by any unit
21 of local government under the terms of an
22 intergovernmental cooperation agreement between the
23 Department of Transportation and the unit of local
24 government for the purpose of developing aviation
25 facilities in and around Chanute Air Force Base in
26 Champaign County, Illinois;
27 (24) for a period of 1 year after December 12,
28 1990, by the City of Morris for the development of the
29 Morris Municipal Airport;
30 (25) for a period of 1 year after June 19, 1991, by
31 the Greater Rockford Airport Authority for airport
32 expansion purposes;
33 (26) for a period of 24 months after June 30, 1991,
34 by the City of Aurora for completion of an instrument
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1 landing system and construction of an east-west runway at
2 the Aurora Municipal Airport;
3 (27) for the acquisition by the Metropolitan Pier
4 and Exposition Authority of property described in
5 subsection (f) of Section 5 of the Metropolitan Pier and
6 Exposition Authority Act for the purposes of providing
7 additional grounds, buildings, and facilities related to
8 the purposes of the Metropolitan Pier and Exposition
9 Authority;
10 (28) for a period of 24 months after March 1, 1992,
11 by the Village of Wheeling and the City of Prospect
12 Heights, owners of the Palwaukee Municipal Airport, to
13 allow for the acquisition of right of way to complete the
14 realignment of Hintz Road and Wolf Road;
15 (29) for a period of one year from the effective
16 date of this amendatory Act of 1992, by the
17 Bloomington-Normal Airport Authority for airport
18 expansion purposes;
19 (30) for a period of 24 months after September 10,
20 1993, by the Cook County Highway Department and Lake
21 County Department of Transportation to allow for the
22 acquisition of necessary right-of-way for construction of
23 underpasses for Lake-Cook Road at the Chicago
24 Northwestern Railroad crossing, west of Skokie Boulevard,
25 and the Chicago, Milwaukee, St. Paul and Pacific Railroad
26 crossing, west of Waukegan Road;
27 (31) for a period of one year after December 23,
28 1993, by the City of Arcola and the City of Tuscola for
29 the development of the Arcola/Tuscola Water Transmission
30 Pipeline Project pursuant to the intergovernmental
31 agreement between the City of Arcola and the City of
32 Tuscola;
33 (32) for a period of 24 months from December 23,
34 1993, by the Village of Bensenville for the acquisition
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1 of property bounded by Illinois Route 83 to the west and
2 O'Hare International Airport to the east to complete a
3 flood control project known as the Bensenville Ditch;
4 (33) for a period of 9 months after November 1,
5 1993, by the Medical Center Commission for the purpose of
6 acquiring a site for the Illinois State Police Forensic
7 Science Laboratory at Chicago, on the block bounded by
8 Roosevelt Road on the north, Wolcott Street on the east,
9 Washburn Street on the south, and Damen Avenue on the
10 west in Chicago, Illinois;
11 (34) for a period of 36 months after July 14, 1995,
12 by White County for the acquisition of a 3 1/2 mile
13 section of Bellaire Road, which is described as follows:
14 Commencing at the Northwest Corner of the Southeast 1/4
15 of Section 28, Township 6 South, Range 10 East of the 3rd
16 Principal Meridian; thence South to a point at the
17 Southwest Corner of the Southeast 1/4 of Section 9,
18 Township 7 South, Range 10 East of the 3rd Principal
19 Meridian;
20 (35) for a period of one year after July 14, 1995,
21 by the City of Aurora for permanent and temporary
22 easements except over land adjacent to Indian Creek and
23 west of Selmarten Creek located within the City of Aurora
24 for the construction of Phase II of the Indian Creek
25 Flood Control Project;
26 (35.1) for a period beginning June 24, 1995 (the
27 day following the effective date of Public Act 89-29) and
28 ending on July 13, 1995 (the day preceding the effective
29 date of Public Act 89-134), by the City of Aurora for
30 permanent and temporary easements for the construction of
31 Phase II of the Indian Creek Flood Control Project;
32 (36) for a period of 3 years from July 14, 1995, by
33 the Grand Avenue Railroad Relocation Authority for the
34 Grand Avenue Railroad Grade Separation Project within the
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1 Village of Franklin Park, Illinois;
2 (37) for a period of 3 years after July 14, 1995,
3 by the Village of Romeoville for the acquisition of
4 rights-of-way for the 135th Street Bridge Project, lying
5 within the South 1/2 of Section 34, Township 37 North,
6 Range 10 East and the South 1/2 of Section 35, Township
7 37 North, Range 10 East of the Third Principal Meridian,
8 and the North 1/2 of Section 2, Township 36 North, Range
9 10 East and the North 1/2 of Section 3, Township 36
10 North, Range 10 East of the 3rd Principal Meridian, in
11 Will County, Illinois;
12 (37.1) for a period of 3 years after June 23, 1995,
13 by the Illinois Department of Transportation for the
14 acquisition of rights-of-way for the 135th Street Bridge
15 Project between the Des Plaines River and New Avenue
16 lying within the South 1/2 of Section 35, Township 37
17 North, Range 10 East of the Third Principal Meridian and
18 the North 1/2 of Section 2, Township 36 North, Range 10
19 East of the 3rd Principal Meridian, in Will County,
20 Illinois;
21 (38) for a period beginning June 24, 1995 (the day
22 after the effective date of Public Act 89-29) and ending
23 18 months after July 14, 1995 (the effective date of
24 Public Act 89-134), by the Anna-Jonesboro Water
25 Commission for the acquisition of land and easements for
26 improvements to its water treatment and storage
27 facilities and water transmission pipes;
28 (39) for a period of 36 months after July 14, 1995,
29 by the City of Effingham for the acquisition of property
30 which is described as follows:
31 Tract 1:
32 Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
33 THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
34 thereof recorded in Book "K", Page 769, in the Recorder's
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1 Office of Effingham County), situated in the City of
2 Effingham, County of Effingham and State of Illinois.
3 Tract 2:
4 The alley lying South and adjoining Tract 1, as
5 vacated by Ordinance recorded on July 28, 1937 in Book
6 183, Page 465, and all right, title and interest in and
7 to said alley as established by the Contract for Easement
8 recorded on August 4, 1937 in Book 183, Page 472;
9 (40) for a period of one year after July 14, 1995,
10 by the Village of Palatine for the acquisition of
11 property located along the south side of Dundee Road
12 between Rand Road and Hicks Road for redevelopment
13 purposes;
14 (41) for a period of 6 years after July 1, 1995,
15 for the acquisition by the Medical Center District of
16 property described in Section 3 of the Illinois Medical
17 District Act within the District Development Area as
18 described in Section 4 of that Act for the purposes set
19 forth in that Act;
20 (41.5) for a period of 24 months after June 21,
21 1996 by the City of Effingham, Illinois for acquisition
22 of property for the South Raney Street Improvement
23 Project Phase I;
24 (42) for a period of 3 years after June 21, 1996,
25 by the Village of Deerfield for the acquisition of
26 territory within the Deerfield Village Center, as
27 designated as of that date by the Deerfield Comprehensive
28 Plan, with the exception of that area north of Jewett
29 Park Drive (extended) between Waukegan Road and the
30 Milwaukee Railroad Tracks, for redevelopment purposes;
31 (43) for a period of 12 months after June 21, 1996,
32 by the City of Harvard for the acquisition of property
33 lying west of Harvard Hills Road of sufficient size to
34 widen the Harvard Hills Road right of way and to install
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1 and maintain city utility services not more than 200 feet
2 west of the center line of Harvard Hills Road;
3 (44) for a period of 5 years after June 21, 1996,
4 by the Village of River Forest, Illinois, within the area
5 designated as a tax increment financing district when the
6 purpose of the condemnation proceeding is to acquire land
7 for any of the purposes contained in the River Forest Tax
8 Increment Financing Plan or authorized by the Tax
9 Increment Allocation Redevelopment Act, provided that
10 condemnation of any property zoned and used exclusively
11 for residential purposes shall be prohibited;
12 (45) for a period of 18 months after June 28, 1996,
13 by the Village of Schaumburg for the acquisition of land,
14 easements, and aviation easements for the purpose of a
15 public airport in Cook and DuPage Counties; provided that
16 if any proceedings under the provisions of this Article
17 are pending on that date, "quick-take" may be utilized by
18 the Village of Schaumburg;
19 (46) for a period of one year after June 28, 1996,
20 by the City of Pinckneyville for the acquisition of land
21 and easements to provide for improvements to its water
22 treatment and storage facilities and water transmission
23 pipes, and for the construction of a sewerage treatment
24 facility and sewerage transmission pipes to serve the
25 Illinois Department of Corrections Pinckneyville
26 Correctional Facility;
27 (47) for a period of 6 months after June 28, 1996,
28 by the City of Streator for the acquisition of property
29 described as follows for a first flush basin sanitary
30 sewer system:
31 Tract 5: That part of lots 20 and 21 in Block
32 6 in Moore and Plumb's addition to the city of
33 Streator, Illinois, lying south of the right of way
34 of the switch track of the Norfolk and Western
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1 Railroad (now abandoned) in the county of LaSalle,
2 state of Illinois;
3 Tract 6: That part of lots 30, 31 and 32 in
4 Block 7 in Moore and Plumb's Addition to the city of
5 Streator, Illinois, lying north of the centerline of
6 Coal Run Creek and south of the right of way of the
7 switch track of the Norfolk and Western Railroad
8 (now abandoned) in the county of LaSalle, state of
9 Illinois;
10 (48) for a period of 36 months after January 16,
11 1997 the effective date of this amendatory Act of 1996,
12 by the Bi-State Development Agency of the
13 Missouri-Illinois Metropolitan District for the
14 acquisition of rights of way and related property
15 necessary for the construction and operation of the
16 MetroLink Light Rail System, beginning in East St. Louis,
17 Illinois, and terminating at Mid America Airport, St.
18 Clair County, Illinois;
19 (49) for a period of 2 years after January 16, 1997
20 the effective date of this amendatory Act of 1996, by the
21 Village of Schaumburg for the acquisition of
22 rights-of-way, permanent easements, and temporary
23 easements for the purpose of improving the Roselle
24 Road/Illinois Route 58/Illinois Route 72 corridor,
25 including rights-of-way along Roselle Road, Remington
26 Road, Valley Lake Drive, State Parkway, Commerce Drive,
27 Kristin Circle, and Hillcrest Boulevard, a permanent
28 easement along Roselle Road, and temporary easements
29 along Roselle Road, State Parkway, Valley Lake Drive,
30 Commerce Drive, Kristin Circle, and Hillcrest Boulevard,
31 in Cook County;.
32 (51) for a period of 3 years after the effective
33 date of this amendatory Act of 1997 by the Village of
34 Morton Grove, within the area designated as the Waukegan
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1 Road Tax Increment Financing District to be used only for
2 acquiring commercially zoned properties located on
3 Waukegan Road for tax increment redevelopment projects
4 contained in the redevelopment plan for the area;
5 (52) For a period of 2 years after the effective
6 date of this amendatory Act of 1997, by the Village of
7 Rosemont for the acquisition of the property described as
8 Tract 1, and the acquisition of any leasehold interest of
9 the property described as Tract 2, both described as
10 follows:
11 Tract 1
12 PARCEL 1:
13 THAT PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP
14 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
15 DESCRIBED AS FOLLOWS:
16 COMMENCING AT THE INTERSECTION OF A LINE 50.00 FEET, AS
17 MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE
18 SOUTH LINE OF SAID SOUTHWEST 1/4 WITH A LINE 484.69
19 FEET, AS MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL
20 WITH THE WEST LINE OF SAID SOUTHWEST 1/4 (THE WEST LINE
21 OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF NORTH
22 00 DEGREES 00 MINUTES 00 SECONDS EAST FOR THIS LEGAL
23 DESCRIPTION); THENCE NORTH 00 DEGREES 00 MINUTES 00
24 SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE,
25 427.26 FEET TO A POINT FOR A PLACE OF BEGINNING; THENCE
26 CONTINUING NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST
27 ALONG SAID LAST DESCRIBED PARALLEL LINE, 251.92 FEET;
28 THENCE NORTH 45 DEGREES 00 MINUTES 00 SECONDS EAST,
29 32.53 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00
30 SECONDS EAST, 53.70 FEET; THENCE SOUTH 72 DEGREES 34
31 MINUTES 18 SECONDS EAST, 149.63 FEET; THENCE SOUTH 00
32 DEGREES 00 MINUTES 00 SECONDS WEST 230.11 FEET; THENCE
33 SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 219.46 FEET,
34 TO THE POINT OF BEGINNING IN COOK COUNTY, ILLINOIS.
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1 PARCEL 2:
2 THAT PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP
3 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
4 DESCRIBED AS FOLLOWS:
5 COMMENCING AT THE INTERSECTION OF A LINE 50.00 FEET, AS
6 MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE
7 SOUTH LINE OF SAID SOUTHWEST 1/4 WITH A LINE 484.69
8 FEET, AS MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL
9 WITH THE WEST LINE OF SAID SOUTHWEST 1/4 (THE WEST LINE
10 OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF NORTH
11 00 DEGREES, 00 MINUTES, 00 SECONDS EAST FOR THIS LEGAL
12 DESCRIPTION); THENCE NORTH 00 DEGREES, 00 MINUTES, 00
13 SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE,
14 153.00 FEET; THENCE NORTH 90 DEGREES, 00 MINUTES, 00
15 SECONDS EAST, 89.18 FEET; THENCE NORTH 00 DEGREES, 00
16 MINUTES, 00 SECONDS EAST, 48.68 FEET; THENCE NORTH 90
17 DEGREES, 00 MINUTES, 00 SECONDS EAST, 43.53 FEET; THENCE
18 SOUTH 00 DEGREES, 00 MINUTES, 00 SECONDS EAST, 8.00 FEET;
19 THENCE NORTH 90 DEGREES, 00 MINUTES, 00 SECONDS EAST,
20 44.23 FEET; THENCE NORTH 45 DEGREES, 00 MINUTES, 00
21 SECONDS EAST, 60.13 FEET; THENCE NORTH 00 DEGREES, 00
22 MINUTES, 00 SECONDS EAST, 141.06 FEET TO A POINT FOR A
23 PLACE OF BEGINNING, SAID POINT BEING 447.18 FEET NORTH
24 AND 704.15 FEET EAST OF THE SOUTHWEST CORNER OF THE
25 SOUTHWEST 1/4 OF SAID SECTION 33, AS MEASURED ALONG THE
26 WEST LINE OF SAID SOUTHWEST 1/4 AND ALONG A LINE AT RIGHT
27 ANGLES THERETO; THENCE NORTH 00 DEGREES, 00 MINUTES, 00
28 SECONDS EAST, 280.11 FEET; THENCE NORTH 72 DEGREES, 34
29 MINUTES, 18 SECONDS WEST, 149.63 FEET; THENCE SOUTH 90
30 DEGREES, 00 MINUTES, 00 SECONDS WEST, 53.70 FEET; THENCE
31 SOUTH 45 DEGREES, 00 MINUTES, 00 SECONDS WEST, 32.53 FEET
32 TO A POINT ON A LINE 484.69 FEET, AS MEASURED AT RIGHT
33 ANGLES, EAST OF AND PARALLEL WITH THE WEST LINE OF SAID
34 SOUTHWEST 1/4, SAID POINT BEING 679.18 FEET, AS MEASURED
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1 ALONG SAID PARALLEL LINE, NORTH OF THE AFOREDESCRIBED
2 POINT OF COMMENCEMENT; THENCE NORTH 00 DEGREES, 00
3 MINUTES, 00 SECONDS EAST ALONG SAID LAST DESCRIBED
4 PARALLEL LINE, 158.10 FEET; THENCE NORTH 39 DEGREES, 39
5 MINUTES, 24 SECONDS EAST, 27.09 FEET TO AN INTERSECTION
6 WITH THE SOUTHERLY LINE OF HIGGINS ROAD, BEING A LINE
7 50.00 FEET, AS MEASURED AT RIGHT ANGLES, SOUTHERLY OF
8 AND PARALLEL WITH THE CENTER LINE OF SAID ROAD; THENCE
9 SOUTH 72 DEGREES, 34 MINUTES, 18 SECONDS EAST ALONG SAID
10 LAST DESCRIBED SOUTHERLY LINE, 382.55 FEET TO AN
11 INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF THE
12 MINNEAPOLIS, ST. PAUL AND SAULT STE. MARIE RAILROAD
13 (FORMERLY THE CHICAGO AND WISCONSIN RAILROAD); THENCE
14 SOUTH 14 DEGREES, 51 MINUTES, 36 SECONDS EAST ALONG SAID
15 LAST DESCRIBED WESTERLY LINE, 378.97 FEET; THENCE SOUTH
16 90 DEGREES, 00 MINUTES, 00 SECONDS WEST, 260.00 FEET TO
17 THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS.
18 Generally comprising approximately 3.8 acres along
19 the south side of Higgins Road, East of Mannheim Road.
20 Tract 2
21 PARCEL 1:
22 Any leasehold interest of any portion of the
23 property legally described as follows:
24 THAT PART OF THE EAST 8 ACRES OF LOT 2 IN FREDERICK
25 JOSS92S DIVISION OF LAND IN SECTION 9, TOWNSHIP 40
26 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN
27 (EXCEPT THE NORTH 500 FEET THEREOF AS MEASURED ON THE
28 EAST LINE) LYING EASTERLY OF THE FOLLOWING DESCRIBED
29 LINE: BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT
30 2, 19.07 FEET WEST OF THE NORTHEAST CORNER THEREOF;
31 THENCE SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 73
32 DEGREES 46 MINUTES 40 SECONDS (AS MEASURED FROM WEST TO
33 SOUTHWEST) WITH THE AFORESAID NORTH LINE OF LOT 2, A
34 DISTANCE OF 626.69 FEET TO A POINT; THENCE SOUTHEASTERLY
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1 ALONG A LINE FORMING AN ANGLE OF 20 DEGREES 58 MINUTES
2 25 SECONDS (AS MEASURED TO THE LEFT) WITH A PROLONGATION
3 OF THE LAST DESCRIBED COURSE A DISTANCE OF 721.92 FEET
4 TO A POINT IN THE SOUTH LINE OF SAID LOT WHICH IS 85.31
5 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 2,
6 EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PREMISES:
7 THE SOUTH 50 FEET OF LOT 2 LYING EAST OF THE FOLLOWING
8 DESCRIBED LINE; BEGINNING AT A POINT IN THE SOUTH LINE
9 OF LOT 2, WHICH IS 85.31 FEET WEST OF THE SOUTHEAST
10 CORNER OF SAID LOT; THENCE NORTHERLY ON A LINE WHICH
11 FORMS AN ANGLE OF 85 DEGREES 13 MINUTES 25 SECONDS IN
12 THE NORTHWEST 1/4 WITH SAID LAST DESCRIBED LINE IN
13 FREDERICK JOSS92S DIVISION OF LANDS IN THE NORTHEAST
14 1/4 OF SECTION 9, TOWNSHIP 40 NORTH, RANGE 12 EAST OF
15 THE THIRD PRINCIPAL MERIDIAN.
16 PARCEL 2:
17 Plus any rights of ingress and egress which the said
18 holder of the leasehold interest may have pursuant to
19 the following described easement:
20 GRANT OF EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED
21 BY GRANT FROM FRACAP SHEET METAL MANUFACTURING COMPANY,
22 INC. TO JUNE WEBER POLLY DATED NOVEMBER 16, 1970 AND
23 RECORDED APRIL 7, 1971 AS DOCUMENT 21442818 FOR
24 PASSAGEWAY OVER THE EAST 20 FEET AS MEASURED AT RIGHT
25 ANGLES TO THE EAST LINE THEREOF OF THE NORTH 500 FEET OF
26 THAT PART OF THE EAST 8 ACRES OF LOT 2 IN FREDERICK
27 JOSS92S DIVISION OF LAND IN SECTION 9, TOWNSHIP 40
28 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN,
29 LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE:
30 BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 2,
31 19.07 FEET WEST OF THE NORTHEAST CORNER THEREOF; THENCE
32 SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 73
33 DEGREES 46 MINUTES 40 SECONDS (AS MEASURED FROM WEST TO
34 SOUTHWEST) WITH THE AFORESAID NORTH LINE OF LOT 2, A
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1 DISTANCE OF 626.69 FEET TO A POINT; THENCE SOUTHEASTERLY
2 ALONG A LINE FORMING AN ANGLE OF 20 DEGREES 58 MINUTES
3 25 SECONDS (AS MEASURED TO THE LEFT) WITH A PROLONGATION
4 OF THE LAST DESCRIBED COURSE A DISTANCE OF 721.92 FEET
5 TO A POINT IN THE SOUTH LINE OF SAID LOT 2, WHICH IS
6 85.31 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 2,
7 IN COOK COUNTY, ILLINOIS;
8 (53) for a period of 3 years after the effective
9 date of this amendatory Act of 1997, by the Village of
10 Oak Park for the acquisition of property within the areas
11 designated as the Greater Downtown Area Tax Increment
12 Financing District, the Harlem/Garfield Tax Increment
13 Financing District, and the Madison Street Tax Increment
14 Financing District, not including residentially zoned
15 properties within these areas, for commercial
16 redevelopment goals;
17 (54) for a period of 3 years after the effective
18 date of this amendatory Act of 1997, by the Village of
19 Oak Park for the acquisition of property within the areas
20 designated as the North Avenue Commercial Strip and the
21 Harrison Street Business Area, not including
22 residentially zoned properties within these areas, for
23 commercial redevelopment goals;
24 (55) for a period of 24 months from the effective
25 date of this amendatory Act of 1997, by the City of
26 Champaign for the acquisition of land and easements in
27 and adjacent to the City of Champaign for the improvement
28 of Windsor Road and Duncan Road and for the construction
29 of the Boneyard Creek Improvement Project.
30 In a proceeding subject to this Section, the plaintiff,
31 at any time after the complaint has been filed and before
32 judgment is entered in the proceeding, may file a written
33 motion requesting that, immediately or at some specified
34 later date, the plaintiff either be vested with the fee
HB0473 Enrolled -16- LRB9002602NTsb
1 simple title (or such lesser estate, interest or easement, as
2 may be required) to the real property, or specified portion
3 thereof, which is the subject of the proceeding, and be
4 authorized to take possession of and use such property; or
5 only be authorized to take possession of and to use such
6 property, if such possession and use, without the vesting of
7 title, are sufficient to permit the plaintiff to proceed with
8 the project until the final ascertainment of compensation;
9 however, no land or interests therein now or hereafter owned,
10 leased, controlled or operated and used by, or necessary for
11 the actual operation of, any common carrier engaged in
12 interstate commerce, or any other public utility subject to
13 the jurisdiction of the Illinois Commerce Commission, shall
14 be taken or appropriated hereunder by the State of Illinois,
15 the Illinois Toll Highway Authority, the sanitary district,
16 the St. Louis Metropolitan Area Airport Authority or the
17 Board of Trustees of the University of Illinois without first
18 securing the approval of such Commission.
19 Except as hereinafter stated, the motion for taking shall
20 state: (1) an accurate description of the property to which
21 the motion relates and the estate or interest sought to be
22 acquired therein; (2) the formally adopted schedule or plan
23 of operation for the execution of the plaintiff's project;
24 (3) the situation of the property to which the motion
25 relates, with respect to the schedule or plan; (4) the
26 necessity for taking such property in the manner requested in
27 the motion; and (5) if the property (except property
28 described in Section 3 of the Sports Stadium Act or property
29 described as Site B in Section 2 of the Metropolitan Pier and
30 Exposition Authority Act) to be taken is owned, leased,
31 controlled or operated and used by, or necessary for the
32 actual operation of, any interstate common carrier or other
33 public utility subject to the jurisdiction of the Illinois
34 Commerce Commission, a statement to the effect that the
HB0473 Enrolled -17- LRB9002602NTsb
1 approval of such proposed taking has been secured from such
2 Commission, and attaching to such motion a certified copy of
3 the order of such Commission granting such approval. If the
4 schedule or plan of operation is not set forth fully in the
5 motion, a copy of such schedule or plan shall be attached to
6 the motion.
7 (Source: P.A. 88-486; 88-526; 88-670, eff. 12-2-94; 89-29,
8 eff. 6-23-95; 89-134, eff. 7-14-95; 89-343, eff. 8-17-95;
9 89-356, eff. 8-17-95; 89-445, eff. 2-7-96; 89-460, eff.
10 5-24-96; 89-494, eff. 6-21-96; 89-502, eff. 6-28-96; 89-504,
11 eff. 6-28-96; 89-592, eff. 8-1-96; 89-626, eff. 8-9-96;
12 89-699, eff. 1-16-97.)
13 (Text of Section after amendment by P.A. 89-683)
14 Sec. 7-103. "Quick-take". This Section applies only to
15 proceedings under this Article:
16 (1) by the State of Illinois, the Illinois Toll
17 Highway Authority or the St. Louis Metropolitan Area
18 Airport Authority for the acquisition of land or
19 interests therein for highway purposes;
20 (2) (blank);
21 (3) by the Department of Commerce and Community
22 Affairs for the purpose specified in the Illinois Coal
23 Development Bond Act;
24 (4) (blank);
25 (5) for the purpose specified in the St. Louis
26 Metropolitan Area Airport Authority Act;
27 (6) for a period of 24 months after May 24, 1996,
28 by the Southwestern Illinois Development Authority
29 pursuant to the Southwestern Illinois Development
30 Authority Act;
31 (7) for a period of 3 years after December 30,
32 1987, by the Quad Cities Regional Economic Development
33 Authority (except for the acquisition of land or
34 interests therein that is farmland, or upon which is
HB0473 Enrolled -18- LRB9002602NTsb
1 situated a farm dwelling and appurtenant structures, or
2 upon which is situated a residence, or which is wholly
3 within an area that is zoned for residential use)
4 pursuant to the Quad Cities Regional Economic Development
5 Authority Act;
6 (8) by a sanitary district created under the
7 Metropolitan Water Reclamation District Act for the
8 acquisition of land or interests therein for purposes
9 specified in that Act;
10 (9) by a rail carrier within the time limitations
11 and subject to the terms and conditions set forth in
12 Section 18c-7501 of the Illinois Vehicle Code;
13 (10) for a period of 18 months after January 26,
14 1987, for the purpose specified in Division 135 of
15 Article 11 of the Illinois Municipal Code, by a
16 commission created under Section 2 of the Water
17 Commission Act of 1985;
18 (11) by a village containing a population of less
19 than 15,000 for the purpose of acquiring property to be
20 used for a refuse derived fuel system designed to
21 generate steam and electricity, and for industrial
22 development that will utilize such steam and electricity,
23 pursuant to Section 11-19-10 of the Illinois Municipal
24 Code;
25 (12) after receiving the prior approval of the City
26 Council, by a municipality having a population of more
27 than 500,000 for the purposes set forth in Section
28 11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
29 Illinois Municipal Code, and for the same purposes when
30 established pursuant to home rule powers;
31 (13) by a home rule municipality, after a public
32 hearing held by the corporate authorities or by a
33 committee of the corporate authorities and after approval
34 by a majority of the corporate authorities, within an
HB0473 Enrolled -19- LRB9002602NTsb
1 area designated as an enterprise zone by the municipality
2 under the Illinois Enterprise Zone Act;
3 (14) by the Illinois Sports Facilities Authority
4 for the purpose specified in Section 12 of the Illinois
5 Sports Facilities Authority Act;
6 (15) by a municipality having a population of more
7 than 2,000,000 for the purpose of acquiring the property
8 described in Section 3 of the Sports Stadium Act;
9 (16) for a period of 18 months after July 29, 1986,
10 in any proceeding by the Board of Trustees of the
11 University of Illinois for the acquisition of land in
12 Champaign County or interests therein as a site for a
13 building or for any educational purpose;
14 (17) for a period of 2 years after July 1, 1990, by
15 a home rule municipality and a county board, upon
16 approval of a majority of the corporate authorities of
17 both the county board and the municipality, within an
18 area designated as an enterprise zone by the municipality
19 and the county board through an intergovernmental
20 agreement under the Illinois Enterprise Zone Act, when
21 the purpose of the condemnation proceeding is to acquire
22 land for the construction of an industrial harbor port,
23 and when the total amount of land to be acquired for that
24 purpose is less than 75 acres and is adjacent to the
25 Illinois River;
26 (18) by an airport authority located solely within
27 the boundaries of Madison County, Illinois, and which is
28 organized pursuant to the provisions of the Airport
29 Authorities Act, (i) for the acquisition of 160 acres, or
30 less, of land or interests therein for the purposes
31 specified in that Act which may be necessary to extend,
32 mark, and light runway 11/29 for a distance of 1600 feet
33 in length by 100 feet in width with parallel taxiway, to
34 relocate and mark County Highway 19, Madison County,
HB0473 Enrolled -20- LRB9002602NTsb
1 known as Moreland Road, to relocate the instrument
2 landing system including the approach lighting system and
3 to construct associated drainage, fencing and seeding
4 required for the foregoing project and (ii) for a period
5 of 6 months after December 28, 1989, for the acquisition
6 of 75 acres, or less, of land or interests therein for
7 the purposes specified in that Act which may be necessary
8 to extend, mark and light the south end of runway 17/35
9 at such airport;
10 (19) by any unit of local government for a
11 permanent easement for the purpose of maintaining,
12 dredging or cleaning the Little Calumet River;
13 (20) by any unit of local government for a
14 permanent easement for the purpose of maintaining,
15 dredging or cleaning the Salt Creek in DuPage County;
16 (21) by St. Clair County, Illinois, for the
17 development of a joint use facility at Scott Air Force
18 Base;
19 (22) by the Village of Summit, Illinois, to acquire
20 land for a waste to energy plant;
21 (23) for a period of 15 months after September 7,
22 1990, by the Department of Transportation or by any unit
23 of local government under the terms of an
24 intergovernmental cooperation agreement between the
25 Department of Transportation and the unit of local
26 government for the purpose of developing aviation
27 facilities in and around Chanute Air Force Base in
28 Champaign County, Illinois;
29 (24) for a period of 1 year after December 12,
30 1990, by the City of Morris for the development of the
31 Morris Municipal Airport;
32 (25) for a period of 1 year after June 19, 1991, by
33 the Greater Rockford Airport Authority for airport
34 expansion purposes;
HB0473 Enrolled -21- LRB9002602NTsb
1 (26) for a period of 24 months after June 30, 1991,
2 by the City of Aurora for completion of an instrument
3 landing system and construction of an east-west runway at
4 the Aurora Municipal Airport;
5 (27) for the acquisition by the Metropolitan Pier
6 and Exposition Authority of property described in
7 subsection (f) of Section 5 of the Metropolitan Pier and
8 Exposition Authority Act for the purposes of providing
9 additional grounds, buildings, and facilities related to
10 the purposes of the Metropolitan Pier and Exposition
11 Authority;
12 (28) for a period of 24 months after March 1, 1992,
13 by the Village of Wheeling and the City of Prospect
14 Heights, owners of the Palwaukee Municipal Airport, to
15 allow for the acquisition of right of way to complete the
16 realignment of Hintz Road and Wolf Road;
17 (29) for a period of one year from the effective
18 date of this amendatory Act of 1992, by the
19 Bloomington-Normal Airport Authority for airport
20 expansion purposes;
21 (30) for a period of 24 months after September 10,
22 1993, by the Cook County Highway Department and Lake
23 County Department of Transportation to allow for the
24 acquisition of necessary right-of-way for construction of
25 underpasses for Lake-Cook Road at the Chicago
26 Northwestern Railroad crossing, west of Skokie Boulevard,
27 and the Chicago, Milwaukee, St. Paul and Pacific Railroad
28 crossing, west of Waukegan Road;
29 (31) for a period of one year after December 23,
30 1993, by the City of Arcola and the City of Tuscola for
31 the development of the Arcola/Tuscola Water Transmission
32 Pipeline Project pursuant to the intergovernmental
33 agreement between the City of Arcola and the City of
34 Tuscola;
HB0473 Enrolled -22- LRB9002602NTsb
1 (32) for a period of 24 months from December 23,
2 1993, by the Village of Bensenville for the acquisition
3 of property bounded by Illinois Route 83 to the west and
4 O'Hare International Airport to the east to complete a
5 flood control project known as the Bensenville Ditch;
6 (33) for a period of 9 months after November 1,
7 1993, by the Medical Center Commission for the purpose of
8 acquiring a site for the Illinois State Police Forensic
9 Science Laboratory at Chicago, on the block bounded by
10 Roosevelt Road on the north, Wolcott Street on the east,
11 Washburn Street on the south, and Damen Avenue on the
12 west in Chicago, Illinois;
13 (34) for a period of 36 months after July 14, 1995,
14 by White County for the acquisition of a 3 1/2 mile
15 section of Bellaire Road, which is described as follows:
16 Commencing at the Northwest Corner of the Southeast 1/4
17 of Section 28, Township 6 South, Range 10 East of the 3rd
18 Principal Meridian; thence South to a point at the
19 Southwest Corner of the Southeast 1/4 of Section 9,
20 Township 7 South, Range 10 East of the 3rd Principal
21 Meridian;
22 (35) for a period of one year after July 14, 1995,
23 by the City of Aurora for permanent and temporary
24 easements except over land adjacent to Indian Creek and
25 west of Selmarten Creek located within the City of Aurora
26 for the construction of Phase II of the Indian Creek
27 Flood Control Project;
28 (35.1) for a period beginning June 24, 1995 (the
29 day following the effective date of Public Act 89-29) and
30 ending on July 13, 1995 (the day preceding the effective
31 date of Public Act 89-134), by the City of Aurora for
32 permanent and temporary easements for the construction of
33 Phase II of the Indian Creek Flood Control Project;
34 (36) for a period of 3 years from July 14, 1995, by
HB0473 Enrolled -23- LRB9002602NTsb
1 the Grand Avenue Railroad Relocation Authority for the
2 Grand Avenue Railroad Grade Separation Project within the
3 Village of Franklin Park, Illinois;
4 (37) for a period of 3 years after July 14, 1995,
5 by the Village of Romeoville for the acquisition of
6 rights-of-way for the 135th Street Bridge Project, lying
7 within the South 1/2 of Section 34, Township 37 North,
8 Range 10 East and the South 1/2 of Section 35, Township
9 37 North, Range 10 East of the Third Principal Meridian,
10 and the North 1/2 of Section 2, Township 36 North, Range
11 10 East and the North 1/2 of Section 3, Township 36
12 North, Range 10 East of the 3rd Principal Meridian, in
13 Will County, Illinois;
14 (37.1) for a period of 3 years after June 23, 1995,
15 by the Illinois Department of Transportation for the
16 acquisition of rights-of-way for the 135th Street Bridge
17 Project between the Des Plaines River and New Avenue
18 lying within the South 1/2 of Section 35, Township 37
19 North, Range 10 East of the Third Principal Meridian and
20 the North 1/2 of Section 2, Township 36 North, Range 10
21 East of the 3rd Principal Meridian, in Will County,
22 Illinois;
23 (38) for a period beginning June 24, 1995 (the day
24 after the effective date of Public Act 89-29) and ending
25 18 months after July 14, 1995 (the effective date of
26 Public Act 89-134), by the Anna-Jonesboro Water
27 Commission for the acquisition of land and easements for
28 improvements to its water treatment and storage
29 facilities and water transmission pipes;
30 (39) for a period of 36 months after July 14, 1995,
31 by the City of Effingham for the acquisition of property
32 which is described as follows:
33 Tract 1:
34 Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
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1 THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
2 thereof recorded in Book "K", Page 769, in the Recorder's
3 Office of Effingham County), situated in the City of
4 Effingham, County of Effingham and State of Illinois.
5 Tract 2:
6 The alley lying South and adjoining Tract 1, as
7 vacated by Ordinance recorded on July 28, 1937 in Book
8 183, Page 465, and all right, title and interest in and
9 to said alley as established by the Contract for Easement
10 recorded on August 4, 1937 in Book 183, Page 472;
11 (40) for a period of one year after July 14, 1995,
12 by the Village of Palatine for the acquisition of
13 property located along the south side of Dundee Road
14 between Rand Road and Hicks Road for redevelopment
15 purposes;
16 (41) for a period of 6 years after July 1, 1995,
17 for the acquisition by the Medical Center District of
18 property described in Section 3 of the Illinois Medical
19 District Act within the District Development Area as
20 described in Section 4 of that Act for the purposes set
21 forth in that Act;
22 (41.5) for a period of 24 months after June 21,
23 1996 by the City of Effingham, Illinois for acquisition
24 of property for the South Raney Street Improvement
25 Project Phase I;
26 (42) for a period of 3 years after June 21, 1996,
27 by the Village of Deerfield for the acquisition of
28 territory within the Deerfield Village Center, as
29 designated as of that date by the Deerfield Comprehensive
30 Plan, with the exception of that area north of Jewett
31 Park Drive (extended) between Waukegan Road and the
32 Milwaukee Railroad Tracks, for redevelopment purposes;
33 (43) for a period of 12 months after June 21, 1996,
34 by the City of Harvard for the acquisition of property
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1 lying west of Harvard Hills Road of sufficient size to
2 widen the Harvard Hills Road right of way and to install
3 and maintain city utility services not more than 200 feet
4 west of the center line of Harvard Hills Road;
5 (44) for a period of 5 years after June 21, 1996,
6 by the Village of River Forest, Illinois, within the area
7 designated as a tax increment financing district when the
8 purpose of the condemnation proceeding is to acquire land
9 for any of the purposes contained in the River Forest Tax
10 Increment Financing Plan or authorized by the Tax
11 Increment Allocation Redevelopment Act, provided that
12 condemnation of any property zoned and used exclusively
13 for residential purposes shall be prohibited;
14 (45) for a period of 18 months after June 28, 1996,
15 by the Village of Schaumburg for the acquisition of land,
16 easements, and aviation easements for the purpose of a
17 public airport in Cook and DuPage Counties; provided that
18 if any proceedings under the provisions of this Article
19 are pending on that date, "quick-take" may be utilized by
20 the Village of Schaumburg;
21 (46) for a period of one year after June 28, 1996,
22 by the City of Pinckneyville for the acquisition of land
23 and easements to provide for improvements to its water
24 treatment and storage facilities and water transmission
25 pipes, and for the construction of a sewerage treatment
26 facility and sewerage transmission pipes to serve the
27 Illinois Department of Corrections Pinckneyville
28 Correctional Facility;
29 (47) for a period of 6 months after June 28, 1996,
30 by the City of Streator for the acquisition of property
31 described as follows for a first flush basin sanitary
32 sewer system:
33 Tract 5: That part of lots 20 and 21 in Block
34 6 in Moore and Plumb's addition to the city of
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1 Streator, Illinois, lying south of the right of way
2 of the switch track of the Norfolk and Western
3 Railroad (now abandoned) in the county of LaSalle,
4 state of Illinois;
5 Tract 6: That part of lots 30, 31 and 32 in
6 Block 7 in Moore and Plumb's Addition to the city of
7 Streator, Illinois, lying north of the centerline of
8 Coal Run Creek and south of the right of way of the
9 switch track of the Norfolk and Western Railroad
10 (now abandoned) in the county of LaSalle, state of
11 Illinois;
12 (48) for a period of 36 months after January 16,
13 1997 the effective date of this amendatory Act of 1996,
14 by the Bi-State Development Agency of the
15 Missouri-Illinois Metropolitan District for the
16 acquisition of rights of way and related property
17 necessary for the construction and operation of the
18 MetroLink Light Rail System, beginning in East St. Louis,
19 Illinois, and terminating at Mid America Airport, St.
20 Clair County, Illinois;
21 (49) for a period of 2 years after January 16, 1997
22 the effective date of this amendatory Act of 1996, by the
23 Village of Schaumburg for the acquisition of
24 rights-of-way, permanent easements, and temporary
25 easements for the purpose of improving the Roselle
26 Road/Illinois Route 58/Illinois Route 72 corridor,
27 including rights-of-way along Roselle Road, Remington
28 Road, Valley Lake Drive, State Parkway, Commerce Drive,
29 Kristin Circle, and Hillcrest Boulevard, a permanent
30 easement along Roselle Road, and temporary easements
31 along Roselle Road, State Parkway, Valley Lake Drive,
32 Commerce Drive, Kristin Circle, and Hillcrest Boulevard,
33 in Cook County;.
34 (50) (48) by the Department of Transportation for
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1 purposes of acquiring private property as specified in
2 the Meigs Field Airport Act;.
3 (51) for a period of 3 years after the effective
4 date of this amendatory Act of 1997 by the Village of
5 Morton Grove, within the area designated as the Waukegan
6 Road Tax Increment Financing District to be used only for
7 acquiring commercially zoned properties located on
8 Waukegan Road for tax increment redevelopment projects
9 contained in the redevelopment plan for the area;
10 (52) For a period of 2 years after the effective
11 date of this amendatory Act of 1997, by the Village of
12 Rosemont for the acquisition of the property described as
13 Tract 1, and the acquisition of any leasehold interest of
14 the property described as Tract 2, both described as
15 follows:
16 Tract 1
17 PARCEL 1:
18 THAT PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP
19 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
20 DESCRIBED AS FOLLOWS:
21 COMMENCING AT THE INTERSECTION OF A LINE 50.00 FEET, AS
22 MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE
23 SOUTH LINE OF SAID SOUTHWEST 1/4 WITH A LINE 484.69
24 FEET, AS MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL
25 WITH THE WEST LINE OF SAID SOUTHWEST 1/4 (THE WEST LINE
26 OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF NORTH
27 00 DEGREES 00 MINUTES 00 SECONDS EAST FOR THIS LEGAL
28 DESCRIPTION); THENCE NORTH 00 DEGREES 00 MINUTES 00
29 SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE,
30 427.26 FEET TO A POINT FOR A PLACE OF BEGINNING; THENCE
31 CONTINUING NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST
32 ALONG SAID LAST DESCRIBED PARALLEL LINE, 251.92 FEET;
33 THENCE NORTH 45 DEGREES 00 MINUTES 00 SECONDS EAST,
34 32.53 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00
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1 SECONDS EAST, 53.70 FEET; THENCE SOUTH 72 DEGREES 34
2 MINUTES 18 SECONDS EAST, 149.63 FEET; THENCE SOUTH 00
3 DEGREES 00 MINUTES 00 SECONDS WEST, 230.11 FEET; THENCE
4 SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 219.46 FEET,
5 TO THE POINT OF BEGINNING IN COOK COUNTY, ILLINOIS.
6 PARCEL 2:
7 THAT PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP
8 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
9 DESCRIBED AS FOLLOWS:
10 COMMENCING AT THE INTERSECTION OF A LINE 50.00 FEET, AS
11 MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE
12 SOUTH LINE OF SAID SOUTHWEST 1/4 WITH A LINE 484.69
13 FEET, AS MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL
14 WITH THE WEST LINE OF SAID SOUTHWEST 1/4 (THE WEST LINE
15 OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF NORTH
16 00 DEGREES, 00 MINUTES, 00 SECONDS EAST FOR THIS LEGAL
17 DESCRIPTION); THENCE NORTH 00 DEGREES, 00 MINUTES, 00
18 SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE,
19 153.00 FEET; THENCE NORTH 90 DEGREES, 00 MINUTES, 00
20 SECONDS EAST, 89.18 FEET; THENCE NORTH 00 DEGREES, 00
21 MINUTES, 00 SECONDS EAST, 48.68 FEET; THENCE NORTH 90
22 DEGREES, 00 MINUTES, 00 SECONDS EAST, 43.53 FEET; THENCE
23 SOUTH 00 DEGREES, 00 MINUTES, 00 SECONDS EAST, 8.00 FEET;
24 THENCE NORTH 90 DEGREES, 00 MINUTES, 00 SECONDS EAST,
25 44.23 FEET; THENCE NORTH 45 DEGREES, 00 MINUTES, 00
26 SECONDS EAST, 60.13 FEET; THENCE NORTH 00 DEGREES, 00
27 MINUTES, 00 SECONDS EAST, 141.06 FEET TO A POINT FOR A
28 PLACE OF BEGINNING, SAID POINT BEING 447.18 FEET NORTH
29 AND 704.15 FEET EAST OF THE SOUTHWEST CORNER OF THE
30 SOUTHWEST 1/4 OF SAID SECTION 33, AS MEASURED ALONG THE
31 WEST LINE OF SAID SOUTHWEST 1/4 AND ALONG A LINE AT RIGHT
32 ANGLES THERETO; THENCE NORTH 00 DEGREES, 00 MINUTES, 00
33 SECONDS EAST, 280.11 FEET; THENCE NORTH 72 DEGREES, 34
34 MINUTES, 18 SECONDS WEST, 149.63 FEET; THENCE SOUTH 90
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1 DEGREES, 00 MINUTES, 00 SECONDS WEST, 53.70 FEET; THENCE
2 SOUTH 45 DEGREES, 00 MINUTES, 00 SECONDS WEST, 32.53 FEET
3 TO A POINT ON A LINE 484.69 FEET, AS MEASURED AT RIGHT
4 ANGLES, EAST OF AND PARALLEL WITH THE WEST LINE OF SAID
5 SOUTHWEST 1/4, SAID POINT BEING 679.18 FEET, AS MEASURED
6 ALONG SAID PARALLEL LINE, NORTH OF THE AFOREDESCRIBED
7 POINT OF COMMENCEMENT; THENCE NORTH 00 DEGREES, 00
8 MINUTES, 00 SECONDS EAST ALONG SAID LAST DESCRIBED
9 PARALLEL LINE, 158.10 FEET; THENCE NORTH 39 DEGREES, 39
10 MINUTES, 24 SECONDS EAST, 27.09 FEET TO AN INTERSECTION
11 WITH THE SOUTHERLY LINE OF HIGGINS ROAD, BEING A LINE
12 50.00 FEET, AS MEASURED AT RIGHT ANGLES, SOUTHERLY OF
13 AND PARALLEL WITH THE CENTER LINE OF SAID ROAD; THENCE
14 SOUTH 72 DEGREES, 34 MINUTES, 18 SECONDS EAST ALONG SAID
15 LAST DESCRIBED SOUTHERLY LINE, 382.55 FEET TO AN
16 INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF THE
17 MINNEAPOLIS, ST. PAUL AND SAULT STE. MARIE RAILROAD
18 (FORMERLY THE CHICAGO AND WISCONSIN RAILROAD); THENCE
19 SOUTH 14 DEGREES, 51 MINUTES, 36 SECONDS EAST ALONG SAID
20 LAST DESCRIBED WESTERLY LINE, 378.97 FEET; THENCE SOUTH
21 90 DEGREES, 00 MINUTES, 00 SECONDS WEST, 260.00 FEET TO
22 THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS.
23 Generally comprising approximately 3.8 acres along
24 the south side of Higgins Road, East of Mannheim Road.
25 Tract 2
26 PARCEL 1:
27 Any leasehold interest of any portion of the
28 property legally described as follows:
29 THAT PART OF THE EAST 8 ACRES OF LOT 2 IN FREDERICK
30 JOSS92S DIVISION OF LAND IN SECTION 9, TOWNSHIP 40
31 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN
32 (EXCEPT THE NORTH 500 FEET THEREOF AS MEASURED ON THE
33 EAST LINE) LYING EASTERLY OF THE FOLLOWING DESCRIBED
34 LINE: BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT
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1 2, 19.07 FEET WEST OF THE NORTHEAST CORNER THEREOF;
2 THENCE SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 73
3 DEGREES 46 MINUTES 40 SECONDS (AS MEASURED FROM WEST TO
4 SOUTHWEST) WITH THE AFORESAID NORTH LINE OF LOT 2, A
5 DISTANCE OF 626.69 FEET TO A POINT; THENCE SOUTHEASTERLY
6 ALONG A LINE FORMING AN ANGLE OF 20 DEGREES 58 MINUTES
7 25 SECONDS (AS MEASURED TO THE LEFT) WITH A PROLONGATION
8 OF THE LAST DESCRIBED COURSE A DISTANCE OF 721.92 FEET
9 TO A POINT IN THE SOUTH LINE OF SAID LOT WHICH IS 85.31
10 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 2,
11 EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PREMISES:
12 THE SOUTH 50 FEET OF LOT 2 LYING EAST OF THE FOLLOWING
13 DESCRIBED LINE; BEGINNING AT A POINT IN THE SOUTH LINE
14 OF LOT 2, WHICH IS 85.31 FEET WEST OF THE SOUTHEAST
15 CORNER OF SAID LOT; THENCE NORTHERLY ON A LINE WHICH
16 FORMS AN ANGLE OF 85 DEGREES 13 MINUTES 25 SECONDS IN
17 THE NORTHWEST 1/4 WITH SAID LAST DESCRIBED LINE IN
18 FREDERICK JOSS92S DIVISION OF LANDS IN THE NORTHEAST
19 1/4 OF SECTION 9, TOWNSHIP 40 NORTH, RANGE 12 EAST OF
20 THE THIRD PRINCIPAL MERIDIAN.
21 PARCEL 2:
22 Plus any rights of ingress and egress which the said
23 holder of the leasehold interest may have pursuant to
24 the following described easement:
25 GRANT OF EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED
26 BY GRANT FROM FRACAP SHEET METAL MANUFACTURING COMPANY,
27 INC. TO JUNE WEBER POLLY DATED NOVEMBER 16, 1970 AND
28 RECORDED APRIL 7, 1971 AS DOCUMENT 21442818 FOR
29 PASSAGEWAY OVER THE EAST 20 FEET AS MEASURED AT RIGHT
30 ANGLES TO THE EAST LINE THEREOF OF THE NORTH 500 FEET OF
31 THAT PART OF THE EAST 8 ACRES OF LOT 2 IN FREDERICK
32 JOSS92S DIVISION OF LAND IN SECTION 9, TOWNSHIP 40
33 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN,
34 LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE:
HB0473 Enrolled -31- LRB9002602NTsb
1 BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 2,
2 19.07 FEET WEST OF THE NORTHEAST CORNER THEREOF; THENCE
3 SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 73
4 DEGREES 46 MINUTES 40 SECONDS (AS MEASURED FROM WEST TO
5 SOUTHWEST) WITH THE AFORESAID NORTH LINE OF LOT 2, A
6 DISTANCE OF 626.69 FEET TO A POINT; THENCE SOUTHEASTERLY
7 ALONG A LINE FORMING AN ANGLE OF 20 DEGREES 58 MINUTES
8 25 SECONDS (AS MEASURED TO THE LEFT) WITH A PROLONGATION
9 OF THE LAST DESCRIBED COURSE A DISTANCE OF 721.92 FEET
10 TO A POINT IN THE SOUTH LINE OF SAID LOT 2, WHICH IS
11 85.31 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 2,
12 IN COOK COUNTY, ILLINOIS;
13 (53) for a period of 3 years after the effective
14 date of this amendatory Act of 1997, by the Village of
15 Oak Park for the acquisition of property within the areas
16 designated as the Greater Downtown Area Tax Increment
17 Financing District, the Harlem/Garfield Tax Increment
18 Financing District, and the Madison Street Tax Increment
19 Financing District, not including residentially zoned
20 properties within these areas, for commercial
21 redevelopment goals;
22 (54) for a period of 3 years after the effective
23 date of this amendatory Act of 1997, by the Village of
24 Oak Park for the acquisition of property within the areas
25 designated as the North Avenue Commercial Strip and the
26 Harrison Street Business Area, not including
27 residentially zoned properties within these areas, for
28 commercial redevelopment goals;
29 (55) for a period of 24 months from the effective
30 date of this amendatory Act of 1997, by the City of
31 Champaign for the acquisition of land and easements in
32 and adjacent to the City of Champaign for the improvement
33 of Windsor Road and Duncan Road and for the construction
34 of the Boneyard Creek Improvement Project.
HB0473 Enrolled -32- LRB9002602NTsb
1 In a proceeding subject to this Section, the plaintiff,
2 at any time after the complaint has been filed and before
3 judgment is entered in the proceeding, may file a written
4 motion requesting that, immediately or at some specified
5 later date, the plaintiff either be vested with the fee
6 simple title (or such lesser estate, interest or easement, as
7 may be required) to the real property, or specified portion
8 thereof, which is the subject of the proceeding, and be
9 authorized to take possession of and use such property; or
10 only be authorized to take possession of and to use such
11 property, if such possession and use, without the vesting of
12 title, are sufficient to permit the plaintiff to proceed with
13 the project until the final ascertainment of compensation;
14 however, no land or interests therein now or hereafter owned,
15 leased, controlled or operated and used by, or necessary for
16 the actual operation of, any common carrier engaged in
17 interstate commerce, or any other public utility subject to
18 the jurisdiction of the Illinois Commerce Commission, shall
19 be taken or appropriated hereunder by the State of Illinois,
20 the Illinois Toll Highway Authority, the sanitary district,
21 the St. Louis Metropolitan Area Airport Authority or the
22 Board of Trustees of the University of Illinois without first
23 securing the approval of such Commission.
24 Except as hereinafter stated, the motion for taking shall
25 state: (1) an accurate description of the property to which
26 the motion relates and the estate or interest sought to be
27 acquired therein; (2) the formally adopted schedule or plan
28 of operation for the execution of the plaintiff's project;
29 (3) the situation of the property to which the motion
30 relates, with respect to the schedule or plan; (4) the
31 necessity for taking such property in the manner requested in
32 the motion; and (5) if the property (except property
33 described in Section 3 of the Sports Stadium Act, or property
34 described as Site B in Section 2 of the Metropolitan Pier and
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1 Exposition Authority Act, or property that is taken as
2 provided in the Meigs Field Airport Act) to be taken is
3 owned, leased, controlled or operated and used by, or
4 necessary for the actual operation of, any interstate common
5 carrier or other public utility subject to the jurisdiction
6 of the Illinois Commerce Commission, a statement to the
7 effect that the approval of such proposed taking has been
8 secured from such Commission, and attaching to such motion a
9 certified copy of the order of such Commission granting such
10 approval. If the schedule or plan of operation is not set
11 forth fully in the motion, a copy of such schedule or plan
12 shall be attached to the motion.
13 (Source: P.A. 88-486; 88-526; 88-670, eff. 12-2-94; 89-29,
14 eff. 6-23-95; 89-134, eff. 7-14-95; 89-343, eff. 8-17-95;
15 89-356, eff. 8-17-95; 89-445, eff. 2-7-96; 89-460, eff.
16 5-24-96; 89-494, eff. 6-21-96; 89-502, eff. 6-28-96; 89-504,
17 eff. 6-28-96; 89-592, eff. 8-1-96; 89-626, eff. 8-9-96;
18 89-683, eff. 6-1-97; 89-699, eff. 1-16-97; revised 1-28-97.)
19 Section 95. No acceleration or delay. Where this Act
20 makes changes in a statute that is represented in this Act by
21 text that is not yet or no longer in effect (for example, a
22 Section represented by multiple versions), the use of that
23 text does not accelerate or delay the taking effect of (i)
24 the changes made by this Act or (ii) provisions derived from
25 any other Public Act.
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.