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90_HB3028sam002
LRB9010378DJcdam07
1 AMENDMENT TO HOUSE BILL 3028
2 AMENDMENT NO. . Amend House Bill 3028 as follows:
3 by replacing everything after the enacting clause with the
4 following:
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 Sec. 7-103. "Quick-take". This Section applies only to
9 proceedings under this Article:
10 (1) by the State of Illinois, the Illinois Toll
11 Highway Authority or the St. Louis Metropolitan Area
12 Airport Authority for the acquisition of land or
13 interests therein for highway purposes;
14 (2) (blank);
15 (3) by the Department of Commerce and Community
16 Affairs for the purpose specified in the Illinois Coal
17 Development Bond Act;
18 (4) (blank);
19 (5) for the purpose specified in the St. Louis
20 Metropolitan Area Airport Authority Act;
21 (6) for a period of 24 months after May 24, 1996,
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1 by the Southwestern Illinois Development Authority
2 pursuant to the Southwestern Illinois Development
3 Authority Act;
4 (7) for a period of 3 years after December 30,
5 1987, by the Quad Cities Regional Economic Development
6 Authority (except for the acquisition of land or
7 interests therein that is farmland, or upon which is
8 situated a farm dwelling and appurtenant structures, or
9 upon which is situated a residence, or which is wholly
10 within an area that is zoned for residential use)
11 pursuant to the Quad Cities Regional Economic Development
12 Authority Act;
13 (8) by a sanitary district created under the
14 Metropolitan Water Reclamation District Act for the
15 acquisition of land or interests therein for purposes
16 specified in that Act;
17 (9) by a rail carrier within the time limitations
18 and subject to the terms and conditions set forth in
19 Section 18c-7501 of the Illinois Vehicle Code;
20 (10) for a period of 18 months after January 26,
21 1987, for the purpose specified in Division 135 of
22 Article 11 of the Illinois Municipal Code, by a
23 commission created under Section 2 of the Water
24 Commission Act of 1985;
25 (11) by a village containing a population of less
26 than 15,000 for the purpose of acquiring property to be
27 used for a refuse derived fuel system designed to
28 generate steam and electricity, and for industrial
29 development that will utilize such steam and electricity,
30 pursuant to Section 11-19-10 of the Illinois Municipal
31 Code;
32 (12) after receiving the prior approval of the City
33 Council, by a municipality having a population of more
34 than 500,000 for the purposes set forth in Section
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1 11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
2 Illinois Municipal Code, and for the same purposes when
3 established pursuant to home rule powers;
4 (13) by a home rule municipality, after a public
5 hearing held by the corporate authorities or by a
6 committee of the corporate authorities and after approval
7 by a majority of the corporate authorities, within an
8 area designated as an enterprise zone by the municipality
9 under the Illinois Enterprise Zone Act;
10 (14) by the Illinois Sports Facilities Authority
11 for the purpose specified in Section 12 of the Illinois
12 Sports Facilities Authority Act;
13 (15) by a municipality having a population of more
14 than 2,000,000 for the purpose of acquiring the property
15 described in Section 3 of the Sports Stadium Act;
16 (16) for a period of 18 months after July 29, 1986,
17 in any proceeding by the Board of Trustees of the
18 University of Illinois for the acquisition of land in
19 Champaign County or interests therein as a site for a
20 building or for any educational purpose;
21 (17) for a period of 2 years after July 1, 1990, by
22 a home rule municipality and a county board, upon
23 approval of a majority of the corporate authorities of
24 both the county board and the municipality, within an
25 area designated as an enterprise zone by the municipality
26 and the county board through an intergovernmental
27 agreement under the Illinois Enterprise Zone Act, when
28 the purpose of the condemnation proceeding is to acquire
29 land for the construction of an industrial harbor port,
30 and when the total amount of land to be acquired for that
31 purpose is less than 75 acres and is adjacent to the
32 Illinois River;
33 (18) by an airport authority located solely within
34 the boundaries of Madison County, Illinois, and which is
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1 organized pursuant to the provisions of the Airport
2 Authorities Act, (i) for the acquisition of 160 acres, or
3 less, of land or interests therein for the purposes
4 specified in that Act which may be necessary to extend,
5 mark, and light runway 11/29 for a distance of 1600 feet
6 in length by 100 feet in width with parallel taxiway, to
7 relocate and mark County Highway 19, Madison County,
8 known as Moreland Road, to relocate the instrument
9 landing system including the approach lighting system and
10 to construct associated drainage, fencing and seeding
11 required for the foregoing project and (ii) for a period
12 of 6 months after December 28, 1989, for the acquisition
13 of 75 acres, or less, of land or interests therein for
14 the purposes specified in that Act which may be necessary
15 to extend, mark and light the south end of runway 17/35
16 at such airport;
17 (19) by any unit of local government for a
18 permanent easement for the purpose of maintaining,
19 dredging or cleaning the Little Calumet River;
20 (20) by any unit of local government for a
21 permanent easement for the purpose of maintaining,
22 dredging or cleaning the Salt Creek in DuPage County;
23 (21) by St. Clair County, Illinois, for the
24 development of a joint use facility at Scott Air Force
25 Base;
26 (22) by the Village of Summit, Illinois, to acquire
27 land for a waste to energy plant;
28 (23) for a period of 15 months after September 7,
29 1990, by the Department of Transportation or by any unit
30 of local government under the terms of an
31 intergovernmental cooperation agreement between the
32 Department of Transportation and the unit of local
33 government for the purpose of developing aviation
34 facilities in and around Chanute Air Force Base in
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1 Champaign County, Illinois;
2 (24) for a period of 1 year after December 12,
3 1990, by the City of Morris for the development of the
4 Morris Municipal Airport;
5 (25) for a period of 1 year after June 19, 1991, by
6 the Greater Rockford Airport Authority for airport
7 expansion purposes;
8 (26) for a period of 24 months after June 30, 1991,
9 by the City of Aurora for completion of an instrument
10 landing system and construction of an east-west runway at
11 the Aurora Municipal Airport;
12 (27) for the acquisition by the Metropolitan Pier
13 and Exposition Authority of property described in
14 subsection (f) of Section 5 of the Metropolitan Pier and
15 Exposition Authority Act for the purposes of providing
16 additional grounds, buildings, and facilities related to
17 the purposes of the Metropolitan Pier and Exposition
18 Authority;
19 (28) for a period of 24 months after March 1, 1992,
20 by the Village of Wheeling and the City of Prospect
21 Heights, owners of the Palwaukee Municipal Airport, to
22 allow for the acquisition of right of way to complete the
23 realignment of Hintz Road and Wolf Road;
24 (29) for a period of one year from the effective
25 date of this amendatory Act of 1992, by the
26 Bloomington-Normal Airport Authority for airport
27 expansion purposes;
28 (30) for a period of 24 months after September 10,
29 1993, by the Cook County Highway Department and Lake
30 County Department of Transportation to allow for the
31 acquisition of necessary right-of-way for construction of
32 underpasses for Lake-Cook Road at the Chicago
33 Northwestern Railroad crossing, west of Skokie Boulevard,
34 and the Chicago, Milwaukee, St. Paul and Pacific Railroad
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1 crossing, west of Waukegan Road;
2 (31) for a period of one year after December 23,
3 1993, by the City of Arcola and the City of Tuscola for
4 the development of the Arcola/Tuscola Water Transmission
5 Pipeline Project pursuant to the intergovernmental
6 agreement between the City of Arcola and the City of
7 Tuscola;
8 (32) for a period of 24 months from December 23,
9 1993, by the Village of Bensenville for the acquisition
10 of property bounded by Illinois Route 83 to the west and
11 O'Hare International Airport to the east to complete a
12 flood control project known as the Bensenville Ditch;
13 (33) for a period of 9 months after November 1,
14 1993, by the Medical Center Commission for the purpose of
15 acquiring a site for the Illinois State Police Forensic
16 Science Laboratory at Chicago, on the block bounded by
17 Roosevelt Road on the north, Wolcott Street on the east,
18 Washburn Street on the south, and Damen Avenue on the
19 west in Chicago, Illinois;
20 (34) for a period of 36 months after July 14, 1995,
21 by White County for the acquisition of a 3 1/2 mile
22 section of Bellaire Road, which is described as follows:
23 Commencing at the Northwest Corner of the Southeast 1/4
24 of Section 28, Township 6 South, Range 10 East of the 3rd
25 Principal Meridian; thence South to a point at the
26 Southwest Corner of the Southeast 1/4 of Section 9,
27 Township 7 South, Range 10 East of the 3rd Principal
28 Meridian;
29 (35) for a period of one year after July 14, 1995,
30 by the City of Aurora for permanent and temporary
31 easements except over land adjacent to Indian Creek and
32 west of Selmarten Creek located within the City of Aurora
33 for the construction of Phase II of the Indian Creek
34 Flood Control Project;
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1 (35.1) for a period beginning June 24, 1995 (the
2 day following the effective date of Public Act 89-29) and
3 ending on July 13, 1995 (the day preceding the effective
4 date of Public Act 89-134), by the City of Aurora for
5 permanent and temporary easements for the construction of
6 Phase II of the Indian Creek Flood Control Project;
7 (36) for a period of 3 years from July 14, 1995, by
8 the Grand Avenue Railroad Relocation Authority for the
9 Grand Avenue Railroad Grade Separation Project within the
10 Village of Franklin Park, Illinois;
11 (37) for a period of 3 years after July 14, 1995,
12 by the Village of Romeoville for the acquisition of
13 rights-of-way for the 135th Street Bridge Project, lying
14 within the South 1/2 of Section 34, Township 37 North,
15 Range 10 East and the South 1/2 of Section 35, Township
16 37 North, Range 10 East of the Third Principal Meridian,
17 and the North 1/2 of Section 2, Township 36 North, Range
18 10 East and the North 1/2 of Section 3, Township 36
19 North, Range 10 East of the 3rd Principal Meridian, in
20 Will County, Illinois;
21 (37.1) for a period of 3 years after June 23, 1995,
22 by the Illinois Department of Transportation for the
23 acquisition of rights-of-way for the 135th Street Bridge
24 Project between the Des Plaines River and New Avenue
25 lying within the South 1/2 of Section 35, Township 37
26 North, Range 10 East of the Third Principal Meridian and
27 the North 1/2 of Section 2, Township 36 North, Range 10
28 East of the 3rd Principal Meridian, in Will County,
29 Illinois;
30 (38) for a period beginning June 24, 1995 (the day
31 after the effective date of Public Act 89-29) and ending
32 18 months after July 14, 1995 (the effective date of
33 Public Act 89-134), by the Anna-Jonesboro Water
34 Commission for the acquisition of land and easements for
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1 improvements to its water treatment and storage
2 facilities and water transmission pipes;
3 (39) for a period of 36 months after July 14, 1995,
4 by the City of Effingham for the acquisition of property
5 which is described as follows:
6 Tract 1:
7 Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
8 THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
9 thereof recorded in Book "K", Page 769, in the Recorder's
10 Office of Effingham County), situated in the City of
11 Effingham, County of Effingham and State of Illinois.
12 Tract 2:
13 The alley lying South and adjoining Tract 1, as
14 vacated by Ordinance recorded on July 28, 1937 in Book
15 183, Page 465, and all right, title and interest in and
16 to said alley as established by the Contract for Easement
17 recorded on August 4, 1937 in Book 183, Page 472;
18 (40) for a period of one year after July 14, 1995,
19 by the Village of Palatine for the acquisition of
20 property located along the south side of Dundee Road
21 between Rand Road and Hicks Road for redevelopment
22 purposes;
23 (41) for a period of 6 years after July 1, 1995,
24 for the acquisition by the Medical Center District of
25 property described in Section 3 of the Illinois Medical
26 District Act within the District Development Area as
27 described in Section 4 of that Act for the purposes set
28 forth in that Act;
29 (41.5) for a period of 24 months after June 21,
30 1996 by the City of Effingham, Illinois for acquisition
31 of property for the South Raney Street Improvement
32 Project Phase I;
33 (42) for a period of 3 years after June 21, 1996,
34 by the Village of Deerfield for the acquisition of
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1 territory within the Deerfield Village Center, as
2 designated as of that date by the Deerfield Comprehensive
3 Plan, with the exception of that area north of Jewett
4 Park Drive (extended) between Waukegan Road and the
5 Milwaukee Railroad Tracks, for redevelopment purposes;
6 (43) for a period of 12 months after June 21, 1996,
7 by the City of Harvard for the acquisition of property
8 lying west of Harvard Hills Road of sufficient size to
9 widen the Harvard Hills Road right of way and to install
10 and maintain city utility services not more than 200 feet
11 west of the center line of Harvard Hills Road;
12 (44) for a period of 5 years after June 21, 1996,
13 by the Village of River Forest, Illinois, within the area
14 designated as a tax increment financing district when the
15 purpose of the condemnation proceeding is to acquire land
16 for any of the purposes contained in the River Forest Tax
17 Increment Financing Plan or authorized by the Tax
18 Increment Allocation Redevelopment Act, provided that
19 condemnation of any property zoned and used exclusively
20 for residential purposes shall be prohibited;
21 (45) for a period of 18 months after June 28, 1996,
22 by the Village of Schaumburg for the acquisition of land,
23 easements, and aviation easements for the purpose of a
24 public airport in Cook and DuPage Counties; provided that
25 if any proceedings under the provisions of this Article
26 are pending on that date, "quick-take" may be utilized by
27 the Village of Schaumburg;
28 (46) for a period of one year after June 28, 1996,
29 by the City of Pinckneyville for the acquisition of land
30 and easements to provide for improvements to its water
31 treatment and storage facilities and water transmission
32 pipes, and for the construction of a sewerage treatment
33 facility and sewerage transmission pipes to serve the
34 Illinois Department of Corrections Pinckneyville
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1 Correctional Facility;
2 (47) for a period of 6 months after June 28, 1996,
3 by the City of Streator for the acquisition of property
4 described as follows for a first flush basin sanitary
5 sewer system:
6 Tract 5: That part of lots 20 and 21 in Block
7 6 in Moore and Plumb's addition to the city of
8 Streator, Illinois, lying south of the right of way
9 of the switch track of the Norfolk and Western
10 Railroad (now abandoned) in the county of LaSalle,
11 state of Illinois;
12 Tract 6: That part of lots 30, 31 and 32 in
13 Block 7 in Moore and Plumb's Addition to the city of
14 Streator, Illinois, lying north of the centerline of
15 Coal Run Creek and south of the right of way of the
16 switch track of the Norfolk and Western Railroad
17 (now abandoned) in the county of LaSalle, state of
18 Illinois;
19 (48) for a period of 36 months after January 16,
20 1997, by the Bi-State Development Agency of the
21 Missouri-Illinois Metropolitan District for the
22 acquisition of rights of way and related property
23 necessary for the construction and operation of the
24 MetroLink Light Rail System, beginning in East St. Louis,
25 Illinois, and terminating at Mid America Airport, St.
26 Clair County, Illinois;
27 (49) for a period of 2 years after January 16,
28 1997, by the Village of Schaumburg for the acquisition of
29 rights-of-way, permanent easements, and temporary
30 easements for the purpose of improving the Roselle
31 Road/Illinois Route 58/Illinois Route 72 corridor,
32 including rights-of-way along Roselle Road, Remington
33 Road, Valley Lake Drive, State Parkway, Commerce Drive,
34 Kristin Circle, and Hillcrest Boulevard, a permanent
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1 easement along Roselle Road, and temporary easements
2 along Roselle Road, State Parkway, Valley Lake Drive,
3 Commerce Drive, Kristin Circle, and Hillcrest Boulevard,
4 in Cook County;
5 (50) (blank);
6 (51) for a period of 12 months after July 25, 1997
7 the effective date of this amendatory Act of 1997, by the
8 Village of Bloomingdale for utility relocations
9 necessitated by the Lake Street Improvement Project on
10 Lake Street between Glen Ellyn Road and Springfield Drive
11 in the Village of Bloomingdale;
12 (52) for a period of 36 months after July 25, 1997
13 the effective date of this amendatory Act of 1997, by the
14 City of Freeport, owners of the Freeport Albertus
15 Municipal Airport, to allow for acquisition of any land,
16 rights, or other property lying between East Lamm Road
17 and East Borchers Road to complete realignment of South
18 Hollywood Road and to establish the necessary runway
19 safety zone in accordance with Federal Aviation
20 Administration and Illinois Department of Transportation
21 design criteria;
22 (53) for a period of 3 years after July 1, 1997, by
23 the Village of Elmwood Park to be used only for the
24 acquisition of commercially zoned property within the
25 area designated as the Tax Increment Redevelopment
26 Project Area by ordinance passed and approved on December
27 15, 1986, as well as to be used only for the acquisition
28 of commercially zoned property located at the northwest
29 corner of North Avenue and Harlem Avenue and commercially
30 zoned property located at the southwest corner of Harlem
31 Avenue and Armitage Avenue for redevelopment purposes, as
32 set forth in Division 74.3 of Article 11 of the Illinois
33 Municipal Code;
34 (54) for a period of 3 years after July 25, 1997
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1 the effective date of this amendatory Act of 1997, by the
2 Village of Oak Park for the acquisition of property
3 located along the south side of North Avenue between
4 Austin Boulevard and Harlem Avenue or along the north and
5 south side of Harrison Street between Austin Boulevard
6 and Elmwood Avenue, not including residentially zoned
7 properties within these areas, for commercial
8 redevelopment goals;.
9 (54.1) (53) for a period of 3 years after August
10 14, 1997 the effective date of this amendatory Act of
11 1997, by the Village of Oak Park for the acquisition of
12 property within the areas designated as the Greater
13 Downtown Area Tax Increment Financing District, the
14 Harlem/Garfield Tax Increment Financing District, and the
15 Madison Street Tax Increment Financing District, not
16 including residentially zoned properties within these
17 areas, for commercial redevelopment goals;
18 (54.2) (54) for a period of 3 years after August
19 14, 1997 the effective date of this amendatory Act of
20 1997, by the Village of Oak Park for the acquisition of
21 property within the areas designated as the North Avenue
22 Commercial Strip and the Harrison Street Business Area,
23 not including residentially zoned properties within these
24 areas, for commercial redevelopment goals;
25 (55) (51) for a period of 3 years after August 14,
26 1997 the effective date of this amendatory Act of 1997 by
27 the Village of Morton Grove, within the area designated
28 as the Waukegan Road Tax Increment Financing District to
29 be used only for acquiring commercially zoned properties
30 located on Waukegan Road for tax increment redevelopment
31 projects contained in the redevelopment plan for the
32 area;
33 (56) (52) For a period of 2 years after August 14,
34 1997 the effective date of this amendatory Act of 1997,
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1 by the Village of Rosemont for the acquisition of the
2 property described as Tract 1, and the acquisition of any
3 leasehold interest of the property described as Tract 2,
4 both described as follows:
5 Tract 1
6 PARCEL 1:
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,
19 427.26 FEET TO A POINT FOR A PLACE OF BEGINNING; THENCE
20 CONTINUING NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST
21 ALONG SAID LAST DESCRIBED PARALLEL LINE, 251.92 FEET;
22 THENCE NORTH 45 DEGREES 00 MINUTES 00 SECONDS EAST,
23 32.53 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00
24 SECONDS EAST, 53.70 FEET; THENCE SOUTH 72 DEGREES 34
25 MINUTES 18 SECONDS EAST, 149.63 FEET; THENCE SOUTH 00
26 DEGREES 00 MINUTES 00 SECONDS WEST, 230.11 FEET; THENCE
27 SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 219.46 FEET,
28 TO THE POINT OF BEGINNING IN COOK COUNTY, ILLINOIS.
29 PARCEL 2:
30 THAT PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP
31 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
32 DESCRIBED AS FOLLOWS:
33 COMMENCING AT THE INTERSECTION OF A LINE 50.00 FEET, AS
34 MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE
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1 SOUTH LINE OF SAID SOUTHWEST 1/4 WITH A LINE 484.69
2 FEET, AS MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL
3 WITH THE WEST LINE OF SAID SOUTHWEST 1/4 (THE WEST LINE
4 OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF NORTH
5 00 DEGREES, 00 MINUTES, 00 SECONDS EAST FOR THIS LEGAL
6 DESCRIPTION); THENCE NORTH 00 DEGREES, 00 MINUTES, 00
7 SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE,
8 153.00 FEET; THENCE NORTH 90 DEGREES, 00 MINUTES, 00
9 SECONDS EAST, 89.18 FEET; THENCE NORTH 00 DEGREES, 00
10 MINUTES, 00 SECONDS EAST, 48.68 FEET; THENCE NORTH 90
11 DEGREES, 00 MINUTES, 00 SECONDS EAST, 43.53 FEET; THENCE
12 SOUTH 00 DEGREES, 00 MINUTES, 00 SECONDS EAST, 8.00 FEET;
13 THENCE NORTH 90 DEGREES, 00 MINUTES, 00 SECONDS EAST,
14 44.23 FEET; THENCE NORTH 45 DEGREES, 00 MINUTES, 00
15 SECONDS EAST, 60.13 FEET; THENCE NORTH 00 DEGREES, 00
16 MINUTES, 00 SECONDS EAST, 141.06 FEET TO A POINT FOR A
17 PLACE OF BEGINNING, SAID POINT BEING 447.18 FEET NORTH
18 AND 704.15 FEET EAST OF THE SOUTHWEST CORNER OF THE
19 SOUTHWEST 1/4 OF SAID SECTION 33, AS MEASURED ALONG THE
20 WEST LINE OF SAID SOUTHWEST 1/4 AND ALONG A LINE AT RIGHT
21 ANGLES THERETO; THENCE NORTH 00 DEGREES, 00 MINUTES, 00
22 SECONDS EAST, 280.11 FEET; THENCE NORTH 72 DEGREES, 34
23 MINUTES, 18 SECONDS WEST, 149.63 FEET; THENCE SOUTH 90
24 DEGREES, 00 MINUTES, 00 SECONDS WEST, 53.70 FEET; THENCE
25 SOUTH 45 DEGREES, 00 MINUTES, 00 SECONDS WEST, 32.53 FEET
26 TO A POINT ON A LINE 484.69 FEET, AS MEASURED AT RIGHT
27 ANGLES, EAST OF AND PARALLEL WITH THE WEST LINE OF SAID
28 SOUTHWEST 1/4, SAID POINT BEING 679.18 FEET, AS MEASURED
29 ALONG SAID PARALLEL LINE, NORTH OF THE AFOREDESCRIBED
30 POINT OF COMMENCEMENT; THENCE NORTH 00 DEGREES, 00
31 MINUTES, 00 SECONDS EAST ALONG SAID LAST DESCRIBED
32 PARALLEL LINE, 158.10 FEET; THENCE NORTH 39 DEGREES, 39
33 MINUTES, 24 SECONDS EAST, 27.09 FEET TO AN INTERSECTION
34 WITH THE SOUTHERLY LINE OF HIGGINS ROAD, BEING A LINE
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1 50.00 FEET, AS MEASURED AT RIGHT ANGLES, SOUTHERLY OF
2 AND PARALLEL WITH THE CENTER LINE OF SAID ROAD; THENCE
3 SOUTH 72 DEGREES, 34 MINUTES, 18 SECONDS EAST ALONG SAID
4 LAST DESCRIBED SOUTHERLY LINE, 382.55 FEET TO AN
5 INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF THE
6 MINNEAPOLIS, ST. PAUL AND SAULT STE. MARIE RAILROAD
7 (FORMERLY THE CHICAGO AND WISCONSIN RAILROAD); THENCE
8 SOUTH 14 DEGREES, 51 MINUTES, 36 SECONDS EAST ALONG SAID
9 LAST DESCRIBED WESTERLY LINE, 378.97 FEET; THENCE SOUTH
10 90 DEGREES, 00 MINUTES, 00 SECONDS WEST, 260.00 FEET TO
11 THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS.
12 Generally comprising approximately 3.8 acres along
13 the south side of Higgins Road, East of Mannheim Road.
14 Tract 2
15 PARCEL 1:
16 Any leasehold interest of any portion of the
17 property legally described as follows:
18 THAT PART OF THE EAST 8 ACRES OF LOT 2 IN FREDERICK
19 JOSS'S JOSS92S DIVISION OF LAND IN SECTION 9, TOWNSHIP 40
20 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN
21 (EXCEPT THE NORTH 500 FEET THEREOF AS MEASURED ON THE
22 EAST LINE) LYING EASTERLY OF THE FOLLOWING DESCRIBED
23 LINE: BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT
24 2, 19.07 FEET WEST OF THE NORTHEAST CORNER THEREOF;
25 THENCE SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 73
26 DEGREES 46 MINUTES 40 SECONDS (AS MEASURED FROM WEST TO
27 SOUTHWEST) WITH THE AFORESAID NORTH LINE OF LOT 2, A
28 DISTANCE OF 626.69 FEET TO A POINT; THENCE SOUTHEASTERLY
29 ALONG A LINE FORMING AN ANGLE OF 20 DEGREES 58 MINUTES
30 25 SECONDS (AS MEASURED TO THE LEFT) WITH A PROLONGATION
31 OF THE LAST DESCRIBED COURSE A DISTANCE OF 721.92 FEET
32 TO A POINT IN THE SOUTH LINE OF SAID LOT WHICH IS 85.31
33 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 2,
34 EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PREMISES:
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1 THE SOUTH 50 FEET OF LOT 2 LYING EAST OF THE FOLLOWING
2 DESCRIBED LINE; BEGINNING AT A POINT IN THE SOUTH LINE
3 OF LOT 2, WHICH IS 85.31 FEET WEST OF THE SOUTHEAST
4 CORNER OF SAID LOT; THENCE NORTHERLY ON A LINE WHICH
5 FORMS AN ANGLE OF 85 DEGREES 13 MINUTES 25 SECONDS IN
6 THE NORTHWEST 1/4 WITH SAID LAST DESCRIBED LINE IN
7 FREDERICK JOSS'S JOSS92S DIVISION OF LANDS IN THE
8 NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 40 NORTH, RANGE 12
9 EAST OF THE THIRD PRINCIPAL MERIDIAN.
10 PARCEL 2:
11 Plus any rights of ingress and egress which the said
12 holder of the leasehold interest may have pursuant to
13 the following described easement:
14 GRANT OF EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED
15 BY GRANT FROM FRACAP SHEET METAL MANUFACTURING COMPANY,
16 INC. TO JUNE WEBER POLLY DATED NOVEMBER 16, 1970 AND
17 RECORDED APRIL 7, 1971 AS DOCUMENT 21442818 FOR
18 PASSAGEWAY OVER THE EAST 20 FEET AS MEASURED AT RIGHT
19 ANGLES TO THE EAST LINE THEREOF OF THE NORTH 500 FEET OF
20 THAT PART OF THE EAST 8 ACRES OF LOT 2 IN FREDERICK
21 JOSS'S JOSS92S DIVISION OF LAND IN SECTION 9, TOWNSHIP
22 40 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN,
23 LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE:
24 BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 2,
25 19.07 FEET WEST OF THE NORTHEAST CORNER THEREOF; THENCE
26 SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 73
27 DEGREES 46 MINUTES 40 SECONDS (AS MEASURED FROM WEST TO
28 SOUTHWEST) WITH THE AFORESAID NORTH LINE OF LOT 2, A
29 DISTANCE OF 626.69 FEET TO A POINT; THENCE SOUTHEASTERLY
30 ALONG A LINE FORMING AN ANGLE OF 20 DEGREES 58 MINUTES
31 25 SECONDS (AS MEASURED TO THE LEFT) WITH A PROLONGATION
32 OF THE LAST DESCRIBED COURSE A DISTANCE OF 721.92 FEET
33 TO A POINT IN THE SOUTH LINE OF SAID LOT 2, WHICH IS
34 85.31 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 2,
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1 IN COOK COUNTY, ILLINOIS;
2 (57) (55) for a period of 24 months from August 14,
3 1997 the effective date of this amendatory Act of 1997,
4 by the City of Champaign for the acquisition of land and
5 easements in and adjacent to the City of Champaign for
6 the improvement of Windsor Road and Duncan Road and for
7 the construction of the Boneyard Creek Improvement
8 Project.
9 In a proceeding subject to this Section, the plaintiff,
10 at any time after the complaint has been filed and before
11 judgment is entered in the proceeding, may file a written
12 motion requesting that, immediately or at some specified
13 later date, the plaintiff either be vested with the fee
14 simple title (or such lesser estate, interest or easement, as
15 may be required) to the real property, or specified portion
16 thereof, which is the subject of the proceeding, and be
17 authorized to take possession of and use such property; or
18 only be authorized to take possession of and to use such
19 property, if such possession and use, without the vesting of
20 title, are sufficient to permit the plaintiff to proceed with
21 the project until the final ascertainment of compensation;
22 however, no land or interests therein now or hereafter owned,
23 leased, controlled or operated and used by, or necessary for
24 the actual operation of, any common carrier engaged in
25 interstate commerce, or any other public utility subject to
26 the jurisdiction of the Illinois Commerce Commission, shall
27 be taken or appropriated hereunder by the State of Illinois,
28 the Illinois Toll Highway Authority, the sanitary district,
29 the St. Louis Metropolitan Area Airport Authority or the
30 Board of Trustees of the University of Illinois without first
31 securing the approval of such Commission.
32 Except as hereinafter stated, the motion for taking shall
33 state: (1) an accurate description of the property to which
34 the motion relates and the estate or interest sought to be
-18- LRB9010378DJcdam07
1 acquired therein; (2) the formally adopted schedule or plan
2 of operation for the execution of the plaintiff's project;
3 (3) the situation of the property to which the motion
4 relates, with respect to the schedule or plan; (4) the
5 necessity for taking such property in the manner requested in
6 the motion; and (5) if the property (except property
7 described in Section 3 of the Sports Stadium Act, or property
8 described as Site B in Section 2 of the Metropolitan Pier and
9 Exposition Authority Act) to be taken is owned, leased,
10 controlled or operated and used by, or necessary for the
11 actual operation of, any interstate common carrier or other
12 public utility subject to the jurisdiction of the Illinois
13 Commerce Commission, a statement to the effect that the
14 approval of such proposed taking has been secured from such
15 Commission, and attaching to such motion a certified copy of
16 the order of such Commission granting such approval. If the
17 schedule or plan of operation is not set forth fully in the
18 motion, a copy of such schedule or plan shall be attached to
19 the motion.
20 (Source: P.A. 89-29, eff. 6-23-95; 89-134, eff. 7-14-95;
21 89-343, eff. 8-17-95; 89-356, eff. 8-17-95; 89-445, eff.
22 2-7-96; 89-460, eff. 5-24-96; 89-494, eff. 6-21-96; 89-502,
23 eff. 6-28-96; 89-504, eff. 6-28-96; 89-592, eff. 8-1-96;
24 89-626, eff. 8-9-96; 89-683, eff. 6-1-97; 89-699, eff.
25 1-16-97; 90-6, eff. 6-3-97; 90-14, eff. 7-1-97; 90-232, eff.
26 7-25-97; 90-370, eff. 8-14-97; revised 9-29-97.)".