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| [ Senate Amendment 001 ] |
90_HB0473eng
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 Engrossed 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 Rosement 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) by the Village of Oak Park for the acquisition
9 of property within the areas designated as the Greater
10 Downtown Area Tax Increment Financing District, the
11 Harlem/Garfield Tax Increment Financing District, and the
12 Madison Street Tax Increment Financing District, not
13 including residentially zoned properties within these
14 areas, for commercial redevelopment goals;
15 (54) for a period of 3 years after the effective
16 date of this amendatory Act of 1997, by the Village of
17 Oak Park for the acquisition of property within the areas
18 designated as the North Avenue Commercial Strip and the
19 Harrison Street Business Area, not including
20 residentially zoned properties within these areas, for
21 commercial redevelopment goals.
22 In a proceeding subject to this Section, the plaintiff,
23 at any time after the complaint has been filed and before
24 judgment is entered in the proceeding, may file a written
25 motion requesting that, immediately or at some specified
26 later date, the plaintiff either be vested with the fee
27 simple title (or such lesser estate, interest or easement, as
28 may be required) to the real property, or specified portion
29 thereof, which is the subject of the proceeding, and be
30 authorized to take possession of and use such property; or
31 only be authorized to take possession of and to use such
32 property, if such possession and use, without the vesting of
33 title, are sufficient to permit the plaintiff to proceed with
34 the project until the final ascertainment of compensation;
HB0473 Engrossed -16- LRB9002602NTsb
1 however, no land or interests therein now or hereafter owned,
2 leased, controlled or operated and used by, or necessary for
3 the actual operation of, any common carrier engaged in
4 interstate commerce, or any other public utility subject to
5 the jurisdiction of the Illinois Commerce Commission, shall
6 be taken or appropriated hereunder by the State of Illinois,
7 the Illinois Toll Highway Authority, the sanitary district,
8 the St. Louis Metropolitan Area Airport Authority or the
9 Board of Trustees of the University of Illinois without first
10 securing the approval of such Commission.
11 Except as hereinafter stated, the motion for taking shall
12 state: (1) an accurate description of the property to which
13 the motion relates and the estate or interest sought to be
14 acquired therein; (2) the formally adopted schedule or plan
15 of operation for the execution of the plaintiff's project;
16 (3) the situation of the property to which the motion
17 relates, with respect to the schedule or plan; (4) the
18 necessity for taking such property in the manner requested in
19 the motion; and (5) if the property (except property
20 described in Section 3 of the Sports Stadium Act or property
21 described as Site B in Section 2 of the Metropolitan Pier and
22 Exposition Authority Act) to be taken is owned, leased,
23 controlled or operated and used by, or necessary for the
24 actual operation of, any interstate common carrier or other
25 public utility subject to the jurisdiction of the Illinois
26 Commerce Commission, a statement to the effect that the
27 approval of such proposed taking has been secured from such
28 Commission, and attaching to such motion a certified copy of
29 the order of such Commission granting such approval. If the
30 schedule or plan of operation is not set forth fully in the
31 motion, a copy of such schedule or plan shall be attached to
32 the motion.
33 (Source: P.A. 88-486; 88-526; 88-670, eff. 12-2-94; 89-29,
34 eff. 6-23-95; 89-134, eff. 7-14-95; 89-343, eff. 8-17-95;
HB0473 Engrossed -17- LRB9002602NTsb
1 89-356, eff. 8-17-95; 89-445, eff. 2-7-96; 89-460, eff.
2 5-24-96; 89-494, eff. 6-21-96; 89-502, eff. 6-28-96; 89-504,
3 eff. 6-28-96; 89-592, eff. 8-1-96; 89-626, eff. 8-9-96;
4 89-699, eff. 1-16-97.)
5 (Text of Section after amendment by P.A. 89-683)
6 Sec. 7-103. "Quick-take". This Section applies only to
7 proceedings under this Article:
8 (1) by the State of Illinois, the Illinois Toll
9 Highway Authority or the St. Louis Metropolitan Area
10 Airport Authority for the acquisition of land or
11 interests therein for highway purposes;
12 (2) (blank);
13 (3) by the Department of Commerce and Community
14 Affairs for the purpose specified in the Illinois Coal
15 Development Bond Act;
16 (4) (blank);
17 (5) for the purpose specified in the St. Louis
18 Metropolitan Area Airport Authority Act;
19 (6) for a period of 24 months after May 24, 1996,
20 by the Southwestern Illinois Development Authority
21 pursuant to the Southwestern Illinois Development
22 Authority Act;
23 (7) for a period of 3 years after December 30,
24 1987, by the Quad Cities Regional Economic Development
25 Authority (except for the acquisition of land or
26 interests therein that is farmland, or upon which is
27 situated a farm dwelling and appurtenant structures, or
28 upon which is situated a residence, or which is wholly
29 within an area that is zoned for residential use)
30 pursuant to the Quad Cities Regional Economic Development
31 Authority Act;
32 (8) by a sanitary district created under the
33 Metropolitan Water Reclamation District Act for the
34 acquisition of land or interests therein for purposes
HB0473 Engrossed -18- LRB9002602NTsb
1 specified in that Act;
2 (9) by a rail carrier within the time limitations
3 and subject to the terms and conditions set forth in
4 Section 18c-7501 of the Illinois Vehicle Code;
5 (10) for a period of 18 months after January 26,
6 1987, for the purpose specified in Division 135 of
7 Article 11 of the Illinois Municipal Code, by a
8 commission created under Section 2 of the Water
9 Commission Act of 1985;
10 (11) by a village containing a population of less
11 than 15,000 for the purpose of acquiring property to be
12 used for a refuse derived fuel system designed to
13 generate steam and electricity, and for industrial
14 development that will utilize such steam and electricity,
15 pursuant to Section 11-19-10 of the Illinois Municipal
16 Code;
17 (12) after receiving the prior approval of the City
18 Council, by a municipality having a population of more
19 than 500,000 for the purposes set forth in Section
20 11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
21 Illinois Municipal Code, and for the same purposes when
22 established pursuant to home rule powers;
23 (13) by a home rule municipality, after a public
24 hearing held by the corporate authorities or by a
25 committee of the corporate authorities and after approval
26 by a majority of the corporate authorities, within an
27 area designated as an enterprise zone by the municipality
28 under the Illinois Enterprise Zone Act;
29 (14) by the Illinois Sports Facilities Authority
30 for the purpose specified in Section 12 of the Illinois
31 Sports Facilities Authority Act;
32 (15) by a municipality having a population of more
33 than 2,000,000 for the purpose of acquiring the property
34 described in Section 3 of the Sports Stadium Act;
HB0473 Engrossed -19- LRB9002602NTsb
1 (16) for a period of 18 months after July 29, 1986,
2 in any proceeding by the Board of Trustees of the
3 University of Illinois for the acquisition of land in
4 Champaign County or interests therein as a site for a
5 building or for any educational purpose;
6 (17) for a period of 2 years after July 1, 1990, by
7 a home rule municipality and a county board, upon
8 approval of a majority of the corporate authorities of
9 both the county board and the municipality, within an
10 area designated as an enterprise zone by the municipality
11 and the county board through an intergovernmental
12 agreement under the Illinois Enterprise Zone Act, when
13 the purpose of the condemnation proceeding is to acquire
14 land for the construction of an industrial harbor port,
15 and when the total amount of land to be acquired for that
16 purpose is less than 75 acres and is adjacent to the
17 Illinois River;
18 (18) by an airport authority located solely within
19 the boundaries of Madison County, Illinois, and which is
20 organized pursuant to the provisions of the Airport
21 Authorities Act, (i) for the acquisition of 160 acres, or
22 less, of land or interests therein for the purposes
23 specified in that Act which may be necessary to extend,
24 mark, and light runway 11/29 for a distance of 1600 feet
25 in length by 100 feet in width with parallel taxiway, to
26 relocate and mark County Highway 19, Madison County,
27 known as Moreland Road, to relocate the instrument
28 landing system including the approach lighting system and
29 to construct associated drainage, fencing and seeding
30 required for the foregoing project and (ii) for a period
31 of 6 months after December 28, 1989, for the acquisition
32 of 75 acres, or less, of land or interests therein for
33 the purposes specified in that Act which may be necessary
34 to extend, mark and light the south end of runway 17/35
HB0473 Engrossed -20- LRB9002602NTsb
1 at such airport;
2 (19) by any unit of local government for a
3 permanent easement for the purpose of maintaining,
4 dredging or cleaning the Little Calumet River;
5 (20) by any unit of local government for a
6 permanent easement for the purpose of maintaining,
7 dredging or cleaning the Salt Creek in DuPage County;
8 (21) by St. Clair County, Illinois, for the
9 development of a joint use facility at Scott Air Force
10 Base;
11 (22) by the Village of Summit, Illinois, to acquire
12 land for a waste to energy plant;
13 (23) for a period of 15 months after September 7,
14 1990, by the Department of Transportation or by any unit
15 of local government under the terms of an
16 intergovernmental cooperation agreement between the
17 Department of Transportation and the unit of local
18 government for the purpose of developing aviation
19 facilities in and around Chanute Air Force Base in
20 Champaign County, Illinois;
21 (24) for a period of 1 year after December 12,
22 1990, by the City of Morris for the development of the
23 Morris Municipal Airport;
24 (25) for a period of 1 year after June 19, 1991, by
25 the Greater Rockford Airport Authority for airport
26 expansion purposes;
27 (26) for a period of 24 months after June 30, 1991,
28 by the City of Aurora for completion of an instrument
29 landing system and construction of an east-west runway at
30 the Aurora Municipal Airport;
31 (27) for the acquisition by the Metropolitan Pier
32 and Exposition Authority of property described in
33 subsection (f) of Section 5 of the Metropolitan Pier and
34 Exposition Authority Act for the purposes of providing
HB0473 Engrossed -21- LRB9002602NTsb
1 additional grounds, buildings, and facilities related to
2 the purposes of the Metropolitan Pier and Exposition
3 Authority;
4 (28) for a period of 24 months after March 1, 1992,
5 by the Village of Wheeling and the City of Prospect
6 Heights, owners of the Palwaukee Municipal Airport, to
7 allow for the acquisition of right of way to complete the
8 realignment of Hintz Road and Wolf Road;
9 (29) for a period of one year from the effective
10 date of this amendatory Act of 1992, by the
11 Bloomington-Normal Airport Authority for airport
12 expansion purposes;
13 (30) for a period of 24 months after September 10,
14 1993, by the Cook County Highway Department and Lake
15 County Department of Transportation to allow for the
16 acquisition of necessary right-of-way for construction of
17 underpasses for Lake-Cook Road at the Chicago
18 Northwestern Railroad crossing, west of Skokie Boulevard,
19 and the Chicago, Milwaukee, St. Paul and Pacific Railroad
20 crossing, west of Waukegan Road;
21 (31) for a period of one year after December 23,
22 1993, by the City of Arcola and the City of Tuscola for
23 the development of the Arcola/Tuscola Water Transmission
24 Pipeline Project pursuant to the intergovernmental
25 agreement between the City of Arcola and the City of
26 Tuscola;
27 (32) for a period of 24 months from December 23,
28 1993, by the Village of Bensenville for the acquisition
29 of property bounded by Illinois Route 83 to the west and
30 O'Hare International Airport to the east to complete a
31 flood control project known as the Bensenville Ditch;
32 (33) for a period of 9 months after November 1,
33 1993, by the Medical Center Commission for the purpose of
34 acquiring a site for the Illinois State Police Forensic
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1 Science Laboratory at Chicago, on the block bounded by
2 Roosevelt Road on the north, Wolcott Street on the east,
3 Washburn Street on the south, and Damen Avenue on the
4 west in Chicago, Illinois;
5 (34) for a period of 36 months after July 14, 1995,
6 by White County for the acquisition of a 3 1/2 mile
7 section of Bellaire Road, which is described as follows:
8 Commencing at the Northwest Corner of the Southeast 1/4
9 of Section 28, Township 6 South, Range 10 East of the 3rd
10 Principal Meridian; thence South to a point at the
11 Southwest Corner of the Southeast 1/4 of Section 9,
12 Township 7 South, Range 10 East of the 3rd Principal
13 Meridian;
14 (35) for a period of one year after July 14, 1995,
15 by the City of Aurora for permanent and temporary
16 easements except over land adjacent to Indian Creek and
17 west of Selmarten Creek located within the City of Aurora
18 for the construction of Phase II of the Indian Creek
19 Flood Control Project;
20 (35.1) for a period beginning June 24, 1995 (the
21 day following the effective date of Public Act 89-29) and
22 ending on July 13, 1995 (the day preceding the effective
23 date of Public Act 89-134), by the City of Aurora for
24 permanent and temporary easements for the construction of
25 Phase II of the Indian Creek Flood Control Project;
26 (36) for a period of 3 years from July 14, 1995, by
27 the Grand Avenue Railroad Relocation Authority for the
28 Grand Avenue Railroad Grade Separation Project within the
29 Village of Franklin Park, Illinois;
30 (37) for a period of 3 years after July 14, 1995,
31 by the Village of Romeoville for the acquisition of
32 rights-of-way for the 135th Street Bridge Project, lying
33 within the South 1/2 of Section 34, Township 37 North,
34 Range 10 East and the South 1/2 of Section 35, Township
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1 37 North, Range 10 East of the Third Principal Meridian,
2 and the North 1/2 of Section 2, Township 36 North, Range
3 10 East and the North 1/2 of Section 3, Township 36
4 North, Range 10 East of the 3rd Principal Meridian, in
5 Will County, Illinois;
6 (37.1) for a period of 3 years after June 23, 1995,
7 by the Illinois Department of Transportation for the
8 acquisition of rights-of-way for the 135th Street Bridge
9 Project between the Des Plaines River and New Avenue
10 lying within the South 1/2 of Section 35, Township 37
11 North, Range 10 East of the Third Principal Meridian and
12 the North 1/2 of Section 2, Township 36 North, Range 10
13 East of the 3rd Principal Meridian, in Will County,
14 Illinois;
15 (38) for a period beginning June 24, 1995 (the day
16 after the effective date of Public Act 89-29) and ending
17 18 months after July 14, 1995 (the effective date of
18 Public Act 89-134), by the Anna-Jonesboro Water
19 Commission for the acquisition of land and easements for
20 improvements to its water treatment and storage
21 facilities and water transmission pipes;
22 (39) for a period of 36 months after July 14, 1995,
23 by the City of Effingham for the acquisition of property
24 which is described as follows:
25 Tract 1:
26 Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
27 THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
28 thereof recorded in Book "K", Page 769, in the Recorder's
29 Office of Effingham County), situated in the City of
30 Effingham, County of Effingham and State of Illinois.
31 Tract 2:
32 The alley lying South and adjoining Tract 1, as
33 vacated by Ordinance recorded on July 28, 1937 in Book
34 183, Page 465, and all right, title and interest in and
HB0473 Engrossed -24- LRB9002602NTsb
1 to said alley as established by the Contract for Easement
2 recorded on August 4, 1937 in Book 183, Page 472;
3 (40) for a period of one year after July 14, 1995,
4 by the Village of Palatine for the acquisition of
5 property located along the south side of Dundee Road
6 between Rand Road and Hicks Road for redevelopment
7 purposes;
8 (41) for a period of 6 years after July 1, 1995,
9 for the acquisition by the Medical Center District of
10 property described in Section 3 of the Illinois Medical
11 District Act within the District Development Area as
12 described in Section 4 of that Act for the purposes set
13 forth in that Act;
14 (41.5) for a period of 24 months after June 21,
15 1996 by the City of Effingham, Illinois for acquisition
16 of property for the South Raney Street Improvement
17 Project Phase I;
18 (42) for a period of 3 years after June 21, 1996,
19 by the Village of Deerfield for the acquisition of
20 territory within the Deerfield Village Center, as
21 designated as of that date by the Deerfield Comprehensive
22 Plan, with the exception of that area north of Jewett
23 Park Drive (extended) between Waukegan Road and the
24 Milwaukee Railroad Tracks, for redevelopment purposes;
25 (43) for a period of 12 months after June 21, 1996,
26 by the City of Harvard for the acquisition of property
27 lying west of Harvard Hills Road of sufficient size to
28 widen the Harvard Hills Road right of way and to install
29 and maintain city utility services not more than 200 feet
30 west of the center line of Harvard Hills Road;
31 (44) for a period of 5 years after June 21, 1996,
32 by the Village of River Forest, Illinois, within the area
33 designated as a tax increment financing district when the
34 purpose of the condemnation proceeding is to acquire land
HB0473 Engrossed -25- LRB9002602NTsb
1 for any of the purposes contained in the River Forest Tax
2 Increment Financing Plan or authorized by the Tax
3 Increment Allocation Redevelopment Act, provided that
4 condemnation of any property zoned and used exclusively
5 for residential purposes shall be prohibited;
6 (45) for a period of 18 months after June 28, 1996,
7 by the Village of Schaumburg for the acquisition of land,
8 easements, and aviation easements for the purpose of a
9 public airport in Cook and DuPage Counties; provided that
10 if any proceedings under the provisions of this Article
11 are pending on that date, "quick-take" may be utilized by
12 the Village of Schaumburg;
13 (46) for a period of one year after June 28, 1996,
14 by the City of Pinckneyville for the acquisition of land
15 and easements to provide for improvements to its water
16 treatment and storage facilities and water transmission
17 pipes, and for the construction of a sewerage treatment
18 facility and sewerage transmission pipes to serve the
19 Illinois Department of Corrections Pinckneyville
20 Correctional Facility;
21 (47) for a period of 6 months after June 28, 1996,
22 by the City of Streator for the acquisition of property
23 described as follows for a first flush basin sanitary
24 sewer system:
25 Tract 5: That part of lots 20 and 21 in Block
26 6 in Moore and Plumb's addition to the city of
27 Streator, Illinois, lying south of the right of way
28 of the switch track of the Norfolk and Western
29 Railroad (now abandoned) in the county of LaSalle,
30 state of Illinois;
31 Tract 6: That part of lots 30, 31 and 32 in
32 Block 7 in Moore and Plumb's Addition to the city of
33 Streator, Illinois, lying north of the centerline of
34 Coal Run Creek and south of the right of way of the
HB0473 Engrossed -26- LRB9002602NTsb
1 switch track of the Norfolk and Western Railroad
2 (now abandoned) in the county of LaSalle, state of
3 Illinois;
4 (48) for a period of 36 months after January 16,
5 1997 the effective date of this amendatory Act of 1996,
6 by the Bi-State Development Agency of the
7 Missouri-Illinois Metropolitan District for the
8 acquisition of rights of way and related property
9 necessary for the construction and operation of the
10 MetroLink Light Rail System, beginning in East St. Louis,
11 Illinois, and terminating at Mid America Airport, St.
12 Clair County, Illinois;
13 (49) for a period of 2 years after January 16, 1997
14 the effective date of this amendatory Act of 1996, by the
15 Village of Schaumburg for the acquisition of
16 rights-of-way, permanent easements, and temporary
17 easements for the purpose of improving the Roselle
18 Road/Illinois Route 58/Illinois Route 72 corridor,
19 including rights-of-way along Roselle Road, Remington
20 Road, Valley Lake Drive, State Parkway, Commerce Drive,
21 Kristin Circle, and Hillcrest Boulevard, a permanent
22 easement along Roselle Road, and temporary easements
23 along Roselle Road, State Parkway, Valley Lake Drive,
24 Commerce Drive, Kristin Circle, and Hillcrest Boulevard,
25 in Cook County;.
26 (50) (48) by the Department of Transportation for
27 purposes of acquiring private property as specified in
28 the Meigs Field Airport Act;.
29 (51) for a period of 3 years after the effective
30 date of this amendatory Act of 1997 by the Village of
31 Morton Grove, within the area designated as the Waukegan
32 Road Tax Increment Financing District to be used only for
33 acquiring commercially zoned properties located on
34 Waukegan Road for tax increment redevelopment projects
HB0473 Engrossed -27- LRB9002602NTsb
1 contained in the redevelopment plan for the area;
2 (52) For a period of 2 years after the effective
3 date of this amendatory Act of 1997, by the Village of
4 Rosement for the acquisition of the property described as
5 Tract 1, and the acquisition of any leasehold interest of
6 the property described as Tract 2, both described as
7 follows:
8 Tract 1
9 PARCEL 1:
10 THAT PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP
11 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
12 DESCRIBED AS FOLLOWS:
13 COMMENCING AT THE INTERSECTION OF A LINE 50.00 FEET, AS
14 MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE
15 SOUTH LINE OF SAID SOUTHWEST 1/4 WITH A LINE 484.69
16 FEET, AS MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL
17 WITH THE WEST LINE OF SAID SOUTHWEST 1/4 (THE WEST LINE
18 OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF NORTH
19 00 DEGREES 00 MINUTES 00 SECONDS EAST FOR THIS LEGAL
20 DESCRIPTION); THENCE NORTH 00 DEGREES 00 MINUTES 00
21 SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE,
22 427.26 FEET TO A POINT FOR A PLACE OF BEGINNING; THENCE
23 CONTINUING NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST
24 ALONG SAID LAST DESCRIBED PARALLEL LINE, 251.92 FEET;
25 THENCE NORTH 45 DEGREES 00 MINUTES 00 SECONDS EAST,
26 32.53 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00
27 SECONDS EAST, 53.70 FEET; THENCE SOUTH 72 DEGREES 34
28 MINUTES 18 SECONDS EAST, 149.63 FEET; THENCE SOUTH 00
29 DEGREES 00 MINUTES 00 SECONDS WEST, 230.11 FEET; THENCE
30 SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 219.46 FEET,
31 TO THE POINT OF BEGINNING IN COOK COUNTY, ILLINOIS.
32 PARCEL 2:
33 THAT PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP
34 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
HB0473 Engrossed -28- LRB9002602NTsb
1 DESCRIBED AS FOLLOWS:
2 COMMENCING AT THE INTERSECTION OF A LINE 50.00 FEET, AS
3 MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE
4 SOUTH LINE OF SAID SOUTHWEST 1/4 WITH A LINE 484.69
5 FEET, AS MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL
6 WITH THE WEST LINE OF SAID SOUTHWEST 1/4 (THE WEST LINE
7 OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF NORTH
8 00 DEGREES, 00 MINUTES, 00 SECONDS EAST FOR THIS LEGAL
9 DESCRIPTION); THENCE NORTH 00 DEGREES, 00 MINUTES, 00
10 SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE,
11 153.00 FEET; THENCE NORTH 90 DEGREES, 00 MINUTES, 00
12 SECONDS EAST, 89.18 FEET; THENCE NORTH 00 DEGREES, 00
13 MINUTES, 00 SECONDS EAST, 48.68 FEET; THENCE NORTH 90
14 DEGREES, 00 MINUTES, 00 SECONDS EAST, 43.53 FEET; THENCE
15 SOUTH 00 DEGREES, 00 MINUTES, 00 SECONDS EAST, 8.00 FEET;
16 THENCE NORTH 90 DEGREES, 00 MINUTES, 00 SECONDS EAST,
17 44.23 FEET; THENCE NORTH 45 DEGREES, 00 MINUTES, 00
18 SECONDS EAST. 60.13 FEET; THENCE NORTH 00 DEGREES, 00
19 MINUTES, 00 SECONDS EAST, 141.06 FEET TO A POINT FOR A
20 PLACE OF BEGINNING, SAID POINT BEING 447.18 FEET NORTH
21 AND 704.15 FEET EAST OF THE SOUTHWEST CORNER OF THE
22 SOUTHWEST 1/4 OF SAID SECTION 33, AS MEASURED ALONG THE
23 WEST LINE OF SAID SOUTHWEST 1/4 AND ALONG A LINE AT RIGHT
24 ANGLES THERETO; THENCE NORTH 00 DEGREES, 00 MINUTES, 00
25 SECONDS EAST, 280.11 FEET; THENCE NORTH 72 DEGREES, 34
26 MINUTES, 18 SECONDS WEST, 149.63 FEET; THENCE SOUTH 90
27 DEGREES, 00 MINUTES, 00 SECONDS WEST, 53.70 FEET; THENCE
28 SOUTH 45 DEGREES, 00 MINUTES, 00 SECONDS WEST, 32.53 FEET
29 TO A POINT ON A LINE 484.69 FEET, AS MEASURED AT RIGHT
30 ANGLES, EAST OF AND PARALLEL WITH THE WEST LINE OF SAID
31 SOUTHWEST 1/4, SAID POINT BEING 679.18 FEET, AS MEASURED
32 ALONG SAID PARALLEL LINE, NORTH OF THE AFOREDESCRIBED
33 POINT OF COMMENCEMENT; THENCE NORTH 00 DEGREES, 00
34 MINUTES, 00 SECONDS EAST ALONG SAID LAST DESCRIBED
HB0473 Engrossed -29- LRB9002602NTsb
1 PARALLEL LINE, 158.10 FEET; THENCE NORTH 39 DEGREES, 39
2 MINUTES, 24 SECONDS EAST, 27.09 FEET TO AN INTERSECTION
3 WITH THE SOUTHERLY LINE OF HIGGINS ROAD, BEING A LINE
4 50.00 FEET, AS MEASURED AT RIGHT ANGLES, SOUTHERLY OF
5 AND PARALLEL WITH THE CENTER LINE OF SAID ROAD; THENCE
6 SOUTH 72 DEGREES, 34 MINUTES, 18 SECONDS EAST ALONG SAID
7 LAST DESCRIBED SOUTHERLY LINE, 382.55 FEET TO AN
8 INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF THE
9 MINNEAPOLIS, ST. PAUL AND SAULT STE. MARIE RAILROAD
10 (FORMERLY THE CHICAGO AND WISCONSIN RAILROAD); THENCE
11 SOUTH 14 DEGREES, 51 MINUTES, 36 SECONDS EAST ALONG SAID
12 LAST DESCRIBED WESTERLY LINE, 378.97 FEET; THENCE SOUTH
13 90 DEGREES, 00 MINUTES, 00 SECONDS WEST, 260.00 FEET TO
14 THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS.
15 Generally comprising approximately 3.8 acres along
16 the south side of Higgins Road, East of Mannheim Road.
17 Tract 2
18 PARCEL 1:
19 Any leasehold interest of any portion of the
20 property legally described as follows:
21 THAT PART OF THE EAST 8 ACRES OF LOT 2 IN FREDERICK
22 JOSS92S DIVISION OF LAND IN SECTION 9, TOWNSHIP 40
23 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN
24 (EXCEPT THE NORTH 500 FEET THEREOF AS MEASURED ON THE
25 EAST LINE) LYING EASTERLY OF THE FOLLOWING DESCRIBED
26 LINE: BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT
27 2, 19.07 FEET WEST OF THE NORTHEAST CORNER THEREOF;
28 THENCE SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 73
29 DEGREES 46 MINUTES 40 SECONDS (AS MEASURED FROM WEST TO
30 SOUTHWEST) WITH THE AFORESAID NORTH LINE OF LOT 2, A
31 DISTANCE OF 626.69 FEET TO A POINT; THENCE SOUTHEASTERLY
32 ALONG A LINE FORMING AN ANGLE OF 20 DEGREES 58 MINUTES
33 25 SECONDS (AS MEASURED TO THE LEFT) WITH A PROLONGATION
34 OF THE LAST DESCRIBED COURSE A DISTANCE OF 721.92 FEET
HB0473 Engrossed -30- LRB9002602NTsb
1 TO A POINT IN THE SOUTH LINE OF SAID LOT WHICH IS 85.31
2 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 2,
3 EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PREMISES:
4 THE SOUTH 50 FEET OF LOT 2 LYING EAST OF THE FOLLOWING
5 DESCRIBED LINE; BEGINNING AT A POINT IN THE SOUTH LINE
6 OF LOT 2, WHICH IS 85.31 FEET WEST OF THE SOUTHEAST
7 CORNER OF SAID LOT; THENCE NORTHERLY ON A LINE WHICH
8 FORMS AN ANGLE OF 85 DEGREES 13 MINUTES 25 SECONDS IN
9 THE NORTHWEST 1/4 WITH SAID LAST DESCRIBED LINE IN
10 FREDERICK JOSS92S DIVISION OF LANDS IN THE NORTHEAST
11 1/4 OF SECTION 9, TOWNSHIP 40 NORTH, RANGE 12 EAST OF
12 THE THIRD PRINCIPAL MERIDIAN.
13 PARCEL 2:
14 Plus any rights of ingress and egress which the said
15 holder of the leasehold interest may have pursuant to
16 the following described easement:
17 GRANT OF EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED
18 BY GRANT FROM FRACAP SHEET METAL MANUFACTURING COMPANY,
19 INC. TO JUNE WEBER POLLY DATED NOVEMBER 16, 1970 AND
20 RECORDED APRIL 7, 1971 AS DOCUMENT 21442818 FOR
21 PASSAGEWAY OVER THE EAST 20 FEET AS MEASURED AT RIGHT
22 ANGLES TO THE EAST LINE THEREOF OF THE NORTH 500 FEET OF
23 THAT PART OF THE EAST 8 ACRES OF LOT 2 IN FREDERICK
24 JOSS92S DIVISION OF LAND IN SECTION 9, TOWNSHIP 40
25 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN,
26 LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE:
27 BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 2,
28 19.07 FEET WEST OF THE NORTHEAST CORNER THEREOF; THENCE
29 SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 73
30 DEGREES 46 MINUTES 40 SECONDS (AS MEASURED FROM WEST TO
31 SOUTHWEST) WITH THE AFORESAID NORTH LINE OF LOT 2, A
32 DISTANCE OF 626.69 FEET TO A POINT; THENCE SOUTHEASTERLY
33 ALONG A LINE FORMING AN ANGLE OF 20 DEGREES 58 MINUTES
34 25 SECONDS (AS MEASURED TO THE LEFT) WITH A PROLONGATION
HB0473 Engrossed -31- LRB9002602NTsb
1 OF THE LAST DESCRIBED COURSE A DISTANCE OF 721.92 FEET
2 TO A POINT IN THE SOUTH LINE OF SAID LOT 2, WHICH IS
3 85.31 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 2,
4 IN COOK COUNTY, ILLINOIS;
5 (53) by the Village of Oak Park for the acquisition
6 of property within the areas designated as the Greater
7 Downtown Area Tax Increment Financing District, the
8 Harlem/Garfield Tax Increment Financing District, and the
9 Madison Street Tax Increment Financing District, not
10 including residentially zoned properties within these
11 areas, for commercial redevelopment goals;
12 (54) for a period of 3 years after the effective
13 date of this amendatory Act of 1997, by the Village of
14 Oak Park for the acquisition of property within the areas
15 designated as the North Avenue Commercial Strip and the
16 Harrison Street Business Area, not including
17 residentially zoned properties within these areas, for
18 commercial redevelopment goals.
19 In a proceeding subject to this Section, the plaintiff,
20 at any time after the complaint has been filed and before
21 judgment is entered in the proceeding, may file a written
22 motion requesting that, immediately or at some specified
23 later date, the plaintiff either be vested with the fee
24 simple title (or such lesser estate, interest or easement, as
25 may be required) to the real property, or specified portion
26 thereof, which is the subject of the proceeding, and be
27 authorized to take possession of and use such property; or
28 only be authorized to take possession of and to use such
29 property, if such possession and use, without the vesting of
30 title, are sufficient to permit the plaintiff to proceed with
31 the project until the final ascertainment of compensation;
32 however, no land or interests therein now or hereafter owned,
33 leased, controlled or operated and used by, or necessary for
34 the actual operation of, any common carrier engaged in
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1 interstate commerce, or any other public utility subject to
2 the jurisdiction of the Illinois Commerce Commission, shall
3 be taken or appropriated hereunder by the State of Illinois,
4 the Illinois Toll Highway Authority, the sanitary district,
5 the St. Louis Metropolitan Area Airport Authority or the
6 Board of Trustees of the University of Illinois without first
7 securing the approval of such Commission.
8 Except as hereinafter stated, the motion for taking shall
9 state: (1) an accurate description of the property to which
10 the motion relates and the estate or interest sought to be
11 acquired therein; (2) the formally adopted schedule or plan
12 of operation for the execution of the plaintiff's project;
13 (3) the situation of the property to which the motion
14 relates, with respect to the schedule or plan; (4) the
15 necessity for taking such property in the manner requested in
16 the motion; and (5) if the property (except property
17 described in Section 3 of the Sports Stadium Act, or property
18 described as Site B in Section 2 of the Metropolitan Pier and
19 Exposition Authority Act, or property that is taken as
20 provided in the Meigs Field Airport Act) to be taken is
21 owned, leased, controlled or operated and used by, or
22 necessary for the actual operation of, any interstate common
23 carrier or other public utility subject to the jurisdiction
24 of the Illinois Commerce Commission, a statement to the
25 effect that the approval of such proposed taking has been
26 secured from such Commission, and attaching to such motion a
27 certified copy of the order of such Commission granting such
28 approval. If the schedule or plan of operation is not set
29 forth fully in the motion, a copy of such schedule or plan
30 shall be attached to the motion.
31 (Source: P.A. 88-486; 88-526; 88-670, eff. 12-2-94; 89-29,
32 eff. 6-23-95; 89-134, eff. 7-14-95; 89-343, eff. 8-17-95;
33 89-356, eff. 8-17-95; 89-445, eff. 2-7-96; 89-460, eff.
34 5-24-96; 89-494, eff. 6-21-96; 89-502, eff. 6-28-96; 89-504,
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1 eff. 6-28-96; 89-592, eff. 8-1-96; 89-626, eff. 8-9-96;
2 89-683, eff. 6-1-97; 89-699, eff. 1-16-97; revised 1-28-97.)
3 Section 95. No acceleration or delay. Where this Act
4 makes changes in a statute that is represented in this Act by
5 text that is not yet or no longer in effect (for example, a
6 Section represented by multiple versions), the use of that
7 text does not accelerate or delay the taking effect of (i)
8 the changes made by this Act or (ii) provisions derived from
9 any other Public Act.
10 Section 99. Effective date. This Act takes effect upon
11 becoming law.