State of Illinois
90th General Assembly
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90_SB1498

      735 ILCS 5/7-103          from Ch. 110, par. 7-103
          Amends  the  Code  of  Civil  Procedure.   Provides   the
      Southwestern  Illinois  Development Authority with quick-take
      eminent domain power for  a  period  of  48  months  (now  24
      months) after May 24, 1996.  Effective immediately.
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 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        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  48  24 months after May 24,
22        1996, by the Southwestern Illinois Development  Authority
23        pursuant   to   the   Southwestern  Illinois  Development
24        Authority Act;
25             (7)  for a period of  3  years  after  December  30,
26        1987,  by  the  Quad Cities Regional Economic Development
27        Authority  (except  for  the  acquisition  of   land   or
28        interests  therein  that  is  farmland,  or upon which is
29        situated a farm dwelling and appurtenant  structures,  or
30        upon  which  is  situated a residence, or which is wholly
31        within  an  area  that  is  zoned  for  residential  use)
                            -2-                LRB9011205MWpc
 1        pursuant to the Quad Cities Regional Economic Development
 2        Authority Act;
 3             (8)  by  a  sanitary  district  created  under   the
 4        Metropolitan  Water  Reclamation  District  Act   for the
 5        acquisition of land or  interests  therein  for  purposes
 6        specified in that Act;
 7             (9)  by  a  rail carrier within the time limitations
 8        and subject to the terms  and  conditions  set  forth  in
 9        Section 18c-7501 of the Illinois Vehicle Code;
10             (10)  for  a  period  of 18 months after January 26,
11        1987, for  the  purpose  specified  in  Division  135  of
12        Article   11   of  the  Illinois  Municipal  Code,  by  a
13        commission  created  under  Section  2   of   the   Water
14        Commission Act of 1985;
15             (11)  by  a  village containing a population of less
16        than 15,000 for the purpose of acquiring property  to  be
17        used  for  a  refuse  derived  fuel  system   designed to
18        generate  steam  and  electricity,  and  for   industrial
19        development that will utilize such steam and electricity,
20        pursuant  to  Section  11-19-10 of the Illinois Municipal
21        Code;
22             (12)  after receiving the prior approval of the City
23        Council, by a municipality having a  population  of  more
24        than  500,000  for  the  purposes  set  forth  in Section
25        11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
26        Illinois Municipal Code, and for the same  purposes  when
27        established pursuant to home rule powers;
28             (13)  by  a  home  rule municipality, after a public
29        hearing  held  by  the  corporate  authorities  or  by  a
30        committee of the corporate authorities and after approval
31        by a majority of the  corporate  authorities,  within  an
32        area designated as an enterprise zone by the municipality
33        under the Illinois Enterprise Zone Act;
34             (14)  by  the  Illinois  Sports Facilities Authority
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 1        for the purpose specified in Section 12 of  the  Illinois
 2        Sports Facilities Authority Act;
 3             (15)  by  a municipality having a population of more
 4        than 2,000,000 for the purpose of acquiring the  property
 5        described in Section 3 of the Sports Stadium Act;
 6             (16)  for a period of 18 months after July 29, 1986,
 7        in  any  proceeding  by  the  Board  of  Trustees  of the
 8        University of Illinois for the  acquisition  of  land  in
 9        Champaign  County  or  interests  therein as a site for a
10        building or for any educational purpose;
11             (17)  for a period of 2 years after July 1, 1990, by
12        a  home  rule  municipality  and  a  county  board,  upon
13        approval of a majority of the  corporate  authorities  of
14        both  the  county  board  and the municipality, within an
15        area designated as an enterprise zone by the municipality
16        and  the  county  board  through   an   intergovernmental
17        agreement  under  the  Illinois Enterprise Zone Act, when
18        the purpose of the condemnation proceeding is to  acquire
19        land  for  the construction of an industrial harbor port,
20        and when the total amount of land to be acquired for that
21        purpose is less than 75 acres  and  is  adjacent  to  the
22        Illinois River;
23             (18)  by  an airport authority located solely within
24        the boundaries of Madison County, Illinois, and which  is
25        organized  pursuant  to  the  provisions  of  the Airport
26        Authorities Act, (i) for the acquisition of 160 acres, or
27        less, of land  or  interests  therein  for  the  purposes
28        specified  in  that Act which may be necessary to extend,
29        mark, and light runway 11/29 for a distance of 1600  feet
30        in  length by 100 feet in width with parallel taxiway, to
31        relocate and mark  County  Highway  19,  Madison  County,
32        known  as  Moreland  Road,  to  relocate  the  instrument
33        landing system including the approach lighting system and
34        to  construct  associated  drainage,  fencing and seeding
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 1        required for the foregoing project and (ii) for a  period
 2        of  6 months after December 28, 1989, for the acquisition
 3        of 75 acres, or less, of land or  interests  therein  for
 4        the purposes specified in that Act which may be necessary
 5        to  extend,  mark and light the south end of runway 17/35
 6        at such airport;
 7             (19)  by  any  unit  of  local  government   for   a
 8        permanent   easement  for  the  purpose  of  maintaining,
 9        dredging or cleaning the Little Calumet River;
10             (20)  by  any  unit  of  local  government   for   a
11        permanent   easement  for  the  purpose  of  maintaining,
12        dredging or cleaning the Salt Creek in DuPage County;
13             (21)  by  St.  Clair  County,  Illinois,   for   the
14        development  of  a  joint use facility at Scott Air Force
15        Base;
16             (22)  by the Village of Summit, Illinois, to acquire
17        land for a waste to energy plant;
18             (23)  for a period of 15 months after  September  7,
19        1990,  by the Department of Transportation or by any unit
20        of   local   government   under   the   terms    of    an
21        intergovernmental   cooperation   agreement  between  the
22        Department  of  Transportation  and  the  unit  of  local
23        government  for  the  purpose  of   developing   aviation
24        facilities  in  and  around  Chanute  Air  Force  Base in
25        Champaign County, Illinois;
26             (24)  for a period of  1  year  after  December  12,
27        1990,  by  the  City of Morris for the development of the
28        Morris Municipal Airport;
29             (25)  for a period of 1 year after June 19, 1991, by
30        the  Greater  Rockford  Airport  Authority  for   airport
31        expansion purposes;
32             (26)  for a period of 24 months after June 30, 1991,
33        by  the  City  of  Aurora for completion of an instrument
34        landing system and construction of an east-west runway at
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 1        the Aurora Municipal Airport;
 2             (27)  for the acquisition by the  Metropolitan  Pier
 3        and   Exposition   Authority  of  property  described  in
 4        subsection (f) of Section 5 of the Metropolitan Pier  and
 5        Exposition  Authority  Act  for the purposes of providing
 6        additional grounds, buildings, and facilities related  to
 7        the  purposes  of  the  Metropolitan  Pier and Exposition
 8        Authority;
 9             (28)  for a period of 24 months after March 1, 1992,
10        by the Village of  Wheeling  and  the  City  of  Prospect
11        Heights,  owners  of  the Palwaukee Municipal Airport, to
12        allow for the acquisition of right of way to complete the
13        realignment of Hintz Road and Wolf Road;
14             (29)  for a period of one year  from  the  effective
15        date   of   this   amendatory   Act   of   1992,  by  the
16        Bloomington-Normal   Airport   Authority   for    airport
17        expansion purposes;
18             (30)  for  a period of 24 months after September 10,
19        1993, by the Cook  County  Highway  Department  and  Lake
20        County  Department  of  Transportation  to  allow for the
21        acquisition of necessary right-of-way for construction of
22        underpasses   for   Lake-Cook   Road   at   the   Chicago
23        Northwestern Railroad crossing, west of Skokie Boulevard,
24        and the Chicago, Milwaukee, St. Paul and Pacific Railroad
25        crossing, west of Waukegan Road;
26             (31)  for a period of one year  after  December  23,
27        1993,  by  the City of Arcola and the City of Tuscola for
28        the development of the Arcola/Tuscola Water  Transmission
29        Pipeline   Project   pursuant  to  the  intergovernmental
30        agreement between the City of  Arcola  and  the  City  of
31        Tuscola;
32             (32)  for  a  period  of 24 months from December 23,
33        1993, by the Village of Bensenville for  the  acquisition
34        of  property bounded by Illinois Route 83 to the west and
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 1        O'Hare International Airport to the east  to  complete  a
 2        flood control project known as the Bensenville Ditch;
 3             (33)  for  a  period  of  9 months after November 1,
 4        1993, by the Medical Center Commission for the purpose of
 5        acquiring a site for the Illinois State  Police  Forensic
 6        Science  Laboratory  at  Chicago, on the block bounded by
 7        Roosevelt Road on the north, Wolcott Street on the  east,
 8        Washburn  Street  on  the  south, and Damen Avenue on the
 9        west in Chicago, Illinois;
10             (34)  for a period of 36 months after July 14, 1995,
11        by White County for  the  acquisition  of  a  3 1/2  mile
12        section  of Bellaire Road, which is described as follows:
13        Commencing at the Northwest Corner of the  Southeast  1/4
14        of Section 28, Township 6 South, Range 10 East of the 3rd
15        Principal  Meridian;  thence  South  to  a  point  at the
16        Southwest Corner of  the  Southeast  1/4  of  Section  9,
17        Township  7  South,  Range  10  East of the 3rd Principal
18        Meridian;
19             (35)  for a period of one year after July 14,  1995,
20        by  the  City  of  Aurora  for  permanent  and  temporary
21        easements  except  over land adjacent to Indian Creek and
22        west of Selmarten Creek located within the City of Aurora
23        for the construction of Phase  II  of  the  Indian  Creek
24        Flood Control Project;
25             (35.1)  for  a  period  beginning June 24, 1995 (the
26        day following the effective date of Public Act 89-29) and
27        ending on July 13, 1995 (the day preceding the  effective
28        date  of  Public  Act  89-134), by the City of Aurora for
29        permanent and temporary easements for the construction of
30        Phase II of the Indian Creek Flood Control Project;
31             (36)  for a period of 3 years from July 14, 1995, by
32        the Grand Avenue Railroad Relocation  Authority  for  the
33        Grand Avenue Railroad Grade Separation Project within the
34        Village of Franklin Park, Illinois;
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 1             (37)  for  a  period of 3 years after July 14, 1995,
 2        by the Village  of  Romeoville  for  the  acquisition  of
 3        rights-of-way  for the 135th Street Bridge Project, lying
 4        within the South 1/2 of Section 34,  Township  37  North,
 5        Range  10  East and the South 1/2 of Section 35, Township
 6        37 North, Range 10 East of the Third Principal  Meridian,
 7        and  the North 1/2 of Section 2, Township 36 North, Range
 8        10 East and the North  1/2  of  Section  3,  Township  36
 9        North,  Range  10  East of the 3rd Principal Meridian, in
10        Will County, Illinois;
11             (37.1)  for a period of 3 years after June 23, 1995,
12        by the Illinois  Department  of  Transportation  for  the
13        acquisition  of rights-of-way for the 135th Street Bridge
14        Project between the Des  Plaines  River  and  New  Avenue
15        lying  within  the  South  1/2 of Section 35, Township 37
16        North, Range 10 East of the Third Principal Meridian  and
17        the North 1/2 of Section 2, Township 36 North,  Range  10
18        East  of  the  3rd  Principal  Meridian,  in Will County,
19        Illinois;
20             (38)  for a period beginning June 24, 1995 (the  day
21        after  the effective date of Public Act 89-29) and ending
22        18 months after July 14,  1995  (the  effective  date  of
23        Public   Act   89-134),   by   the  Anna-Jonesboro  Water
24        Commission for the acquisition of land and easements  for
25        improvements   to   its   water   treatment  and  storage
26        facilities and water transmission pipes;
27             (39)  for a period of 36 months after July 14, 1995,
28        by the City of Effingham for the acquisition of  property
29        which is described as follows:
30        Tract 1:
31             Lots  26  and  27 in Block 4 in RAILROAD ADDITION TO
32        THE TOWN (NOW CITY) OF EFFINGHAM (reference made to  Plat
33        thereof recorded in Book "K", Page 769, in the Recorder's
34        Office  of  Effingham  County),  situated  in the City of
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 1        Effingham, County of Effingham and State of Illinois.
 2             Tract 2:
 3             The alley lying South  and  adjoining  Tract  1,  as
 4        vacated  by  Ordinance  recorded on July 28, 1937 in Book
 5        183, Page 465, and all right, title and interest  in  and
 6        to said alley as established by the Contract for Easement
 7        recorded on August 4, 1937 in Book 183, Page 472;
 8             (40)  for  a period of one year after July 14, 1995,
 9        by  the  Village  of  Palatine  for  the  acquisition  of
10        property located along the  south  side  of  Dundee  Road
11        between  Rand  Road  and  Hicks  Road  for  redevelopment
12        purposes;
13             (41)  for  a  period  of 6 years after July 1, 1995,
14        for the acquisition by the  Medical  Center  District  of
15        property  described  in Section 3 of the Illinois Medical
16        District Act within  the  District  Development  Area  as
17        described  in  Section 4 of that Act for the purposes set
18        forth in that Act;
19             (41.5)  for a period of 24  months  after  June  21,
20        1996  by  the City of Effingham, Illinois for acquisition
21        of  property  for  the  South  Raney  Street  Improvement
22        Project Phase I;
23             (42)  for a period of 3 years after June  21,  1996,
24        by  the  Village  of  Deerfield  for  the  acquisition of
25        territory  within  the  Deerfield  Village   Center,   as
26        designated as of that date by the Deerfield Comprehensive
27        Plan,  with  the  exception  of that area north of Jewett
28        Park Drive  (extended)  between  Waukegan  Road  and  the
29        Milwaukee Railroad Tracks, for redevelopment purposes;
30             (43)  for a period of 12 months after June 21, 1996,
31        by  the  City  of Harvard for the acquisition of property
32        lying west of Harvard Hills Road of  sufficient  size  to
33        widen  the Harvard Hills Road right of way and to install
34        and maintain city utility services not more than 200 feet
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 1        west of the center line of Harvard Hills Road;
 2             (44)  for a period of 5 years after June  21,  1996,
 3        by the Village of River Forest, Illinois, within the area
 4        designated as a tax increment financing district when the
 5        purpose of the condemnation proceeding is to acquire land
 6        for any of the purposes contained in the River Forest Tax
 7        Increment   Financing  Plan  or  authorized  by  the  Tax
 8        Increment Allocation  Redevelopment  Act,  provided  that
 9        condemnation  of  any property zoned and used exclusively
10        for residential purposes shall be prohibited;
11             (45)  for a period of 18 months after June 28, 1996,
12        by the Village of Schaumburg for the acquisition of land,
13        easements, and aviation easements for the  purpose  of  a
14        public airport in Cook and DuPage Counties; provided that
15        if  any  proceedings under the provisions of this Article
16        are pending on that date, "quick-take" may be utilized by
17        the Village of Schaumburg;
18             (46)  for a period of one year after June 28,  1996,
19        by  the City of Pinckneyville for the acquisition of land
20        and easements to provide for improvements  to  its  water
21        treatment  and  storage facilities and water transmission
22        pipes, and for the construction of a  sewerage  treatment
23        facility  and  sewerage  transmission  pipes to serve the
24        Illinois   Department   of   Corrections    Pinckneyville
25        Correctional Facility;
26             (47)  for  a period of 6 months after June 28, 1996,
27        by the City of Streator for the acquisition  of  property
28        described  as  follows  for  a first flush basin sanitary
29        sewer system:
30                  Tract 5:  That part of lots 20 and 21 in  Block
31             6  in  Moore  and  Plumb's  addition  to the city of
32             Streator, Illinois, lying south of the right of  way
33             of  the  switch  track  of  the  Norfolk and Western
34             Railroad (now abandoned) in the county  of  LaSalle,
                            -10-               LRB9011205MWpc
 1             state of Illinois;
 2                  Tract  6:   That  part of lots 30, 31 and 32 in
 3             Block 7 in Moore and Plumb's Addition to the city of
 4             Streator, Illinois, lying north of the centerline of
 5             Coal Run Creek and south of the right of way of  the
 6             switch  track  of  the  Norfolk and Western Railroad
 7             (now abandoned) in the county of LaSalle,  state  of
 8             Illinois;
 9             (48)  for  a  period  of 36 months after January 16,
10        1997,  by  the  Bi-State  Development   Agency   of   the
11        Missouri-Illinois    Metropolitan    District   for   the
12        acquisition  of  rights  of  way  and  related   property
13        necessary  for  the  construction  and  operation  of the
14        MetroLink Light Rail System, beginning in East St. Louis,
15        Illinois, and terminating at  Mid  America  Airport,  St.
16        Clair County, Illinois;
17             (49)  for  a  period  of  2  years after January 16,
18        1997, by the Village of Schaumburg for the acquisition of
19        rights-of-way,   permanent   easements,   and   temporary
20        easements  for  the  purpose  of  improving  the  Roselle
21        Road/Illinois  Route  58/Illinois  Route   72   corridor,
22        including  rights-of-way  along  Roselle  Road, Remington
23        Road, Valley Lake Drive, State Parkway,  Commerce  Drive,
24        Kristin  Circle,  and  Hillcrest  Boulevard,  a permanent
25        easement along  Roselle  Road,  and  temporary  easements
26        along  Roselle  Road,  State  Parkway, Valley Lake Drive,
27        Commerce Drive, Kristin Circle, and Hillcrest  Boulevard,
28        in Cook County;
29             (50)   (blank);
30             (51)  for  a period of 12 months after July 25, 1997
31        the effective date of this amendatory Act of 1997, by the
32        Village   of   Bloomingdale   for   utility   relocations
33        necessitated by the Lake Street  Improvement  Project  on
34        Lake Street between Glen Ellyn Road and Springfield Drive
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 1        in the Village of Bloomingdale;
 2             (52)  for  a period of 36 months after July 25, 1997
 3        the effective date of this amendatory Act of 1997, by the
 4        City  of  Freeport,  owners  of  the  Freeport   Albertus
 5        Municipal  Airport, to allow for acquisition of any land,
 6        rights, or other property lying between  East  Lamm  Road
 7        and  East  Borchers Road to complete realignment of South
 8        Hollywood Road and  to  establish  the  necessary  runway
 9        safety   zone   in   accordance   with  Federal  Aviation
10        Administration and Illinois Department of  Transportation
11        design criteria;
12             (53)  for a period of 3 years after July 1, 1997, by
13        the  Village  of  Elmwood  Park  to  be used only for the
14        acquisition of commercially  zoned  property  within  the
15        area   designated  as  the  Tax  Increment  Redevelopment
16        Project Area by ordinance passed and approved on December
17        15, 1986, as well as to be used only for the  acquisition
18        of  commercially  zoned property located at the northwest
19        corner of North Avenue and Harlem Avenue and commercially
20        zoned property located at the southwest corner of  Harlem
21        Avenue and Armitage Avenue for redevelopment purposes, as
22        set  forth in Division 74.3 of Article 11 of the Illinois
23        Municipal Code;
24             (54)  for a period of 3 years after  July  25,  1997
25        the effective date of this amendatory Act of 1997, by the
26        Village  of  Oak  Park  for  the  acquisition of property
27        located along the south  side  of  North  Avenue  between
28        Austin Boulevard and Harlem Avenue or along the north and
29        south  side  of  Harrison Street between Austin Boulevard
30        and Elmwood Avenue,  not  including  residentially  zoned
31        properties    within    these   areas,   for   commercial
32        redevelopment goals;.
33             (54.1) (53)  for a period of 3  years  after  August
34        14,  1997  the  effective  date of this amendatory Act of
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 1        1997, by the Village of Oak Park for the  acquisition  of
 2        property  within  the  areas  designated  as  the Greater
 3        Downtown  Area  Tax  Increment  Financing  District,  the
 4        Harlem/Garfield Tax Increment Financing District, and the
 5        Madison Street  Tax  Increment  Financing  District,  not
 6        including  residentially  zoned  properties  within these
 7        areas, for commercial redevelopment goals;
 8             (54.2) (54)  for a period of 3  years  after  August
 9        14,  1997  the  effective  date of this amendatory Act of
10        1997, by the Village of Oak Park for the  acquisition  of
11        property  within the areas designated as the North Avenue
12        Commercial Strip and the Harrison Street  Business  Area,
13        not including residentially zoned properties within these
14        areas, for commercial redevelopment goals;
15             (55)  (51)  for a period of 3 years after August 14,
16        1997 the effective date of this amendatory Act of 1997 by
17        the Village of Morton Grove, within the  area  designated
18        as  the Waukegan Road Tax Increment Financing District to
19        be used only for acquiring commercially zoned  properties
20        located  on Waukegan Road for tax increment redevelopment
21        projects contained in  the  redevelopment  plan  for  the
22        area;
23             (56)  (52)  For a period of 2 years after August 14,
24        1997 the effective date of this amendatory Act  of  1997,
25        by  the  Village  of  Rosemont for the acquisition of the
26        property described as Tract 1, and the acquisition of any
27        leasehold interest of the property described as Tract  2,
28        both described as follows:
29                               Tract 1
30        PARCEL 1:
31        THAT  PART  OF  THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP
32        41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
33        DESCRIBED AS FOLLOWS:
34        COMMENCING AT THE INTERSECTION OF A LINE 50.00  FEET,  AS
                            -13-               LRB9011205MWpc
 1        MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH  THE
 2        SOUTH  LINE  OF  SAID  SOUTHWEST  1/4  WITH A LINE 484.69
 3        FEET, AS MEASURED AT RIGHT ANGLES, EAST OF  AND  PARALLEL
 4        WITH  THE  WEST LINE OF SAID SOUTHWEST 1/4 (THE WEST LINE
 5        OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF  NORTH
 6        00 DEGREES 00 MINUTES 00 SECONDS EAST  FOR  THIS    LEGAL
 7        DESCRIPTION);  THENCE  NORTH  00  DEGREES  00 MINUTES  00
 8        SECONDS EAST ALONG SAID  LAST  DESCRIBED  PARALLEL  LINE,
 9        427.26  FEET  TO A POINT FOR A PLACE OF BEGINNING; THENCE
10        CONTINUING NORTH 00 DEGREES 00 MINUTES  00  SECONDS  EAST
11        ALONG  SAID  LAST  DESCRIBED  PARALLEL LINE, 251.92 FEET;
12        THENCE NORTH 45  DEGREES  00  MINUTES  00  SECONDS  EAST,
13        32.53  FEET;  THENCE  NORTH  90  DEGREES  00  MINUTES  00
14        SECONDS  EAST,  53.70  FEET;  THENCE  SOUTH 72 DEGREES 34
15        MINUTES 18 SECONDS EAST, 149.63  FEET;  THENCE  SOUTH  00
16        DEGREES  00  MINUTES 00 SECONDS WEST, 230.11 FEET; THENCE
17        SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 219.46 FEET,
18        TO THE POINT OF BEGINNING IN COOK COUNTY, ILLINOIS.
19        PARCEL 2:
20        THAT PART OF THE SOUTHWEST 1/4 OF  SECTION  33,  TOWNSHIP
21        41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
22        DESCRIBED AS FOLLOWS:
23        COMMENCING  AT  THE INTERSECTION OF A LINE 50.00 FEET, AS
24        MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH  THE
25        SOUTH LINE OF SAID  SOUTHWEST  1/4  WITH  A  LINE  484.69
26        FEET,  AS  MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL
27        WITH THE WEST LINE OF SAID SOUTHWEST 1/4 (THE  WEST  LINE
28        OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF  NORTH
29        00  DEGREES,  00 MINUTES, 00 SECONDS EAST FOR THIS  LEGAL
30        DESCRIPTION); THENCE NORTH 00 DEGREES, 00  MINUTES,    00
31        SECONDS  EAST  ALONG  SAID  LAST DESCRIBED PARALLEL LINE,
32        153.00 FEET; THENCE NORTH  90  DEGREES,  00  MINUTES,  00
33        SECONDS  EAST,  89.18  FEET;  THENCE NORTH 00 DEGREES, 00
34        MINUTES, 00 SECONDS EAST, 48.68  FEET;  THENCE  NORTH  90
                            -14-               LRB9011205MWpc
 1        DEGREES,  00 MINUTES, 00 SECONDS EAST, 43.53 FEET; THENCE
 2        SOUTH 00 DEGREES, 00 MINUTES, 00 SECONDS EAST, 8.00 FEET;
 3        THENCE NORTH 90 DEGREES, 00  MINUTES,  00  SECONDS  EAST,
 4        44.23  FEET;  THENCE  NORTH  45  DEGREES,  00 MINUTES, 00
 5        SECONDS EAST, 60.13 FEET; THENCE  NORTH  00  DEGREES,  00
 6        MINUTES,  00  SECONDS  EAST, 141.06 FEET TO A POINT FOR A
 7        PLACE OF BEGINNING, SAID POINT BEING  447.18  FEET  NORTH
 8        AND    704.15  FEET  EAST  OF THE SOUTHWEST CORNER OF THE
 9        SOUTHWEST 1/4 OF SAID SECTION 33, AS MEASURED  ALONG  THE
10        WEST LINE OF SAID SOUTHWEST 1/4 AND ALONG A LINE AT RIGHT
11        ANGLES  THERETO;  THENCE NORTH 00 DEGREES, 00 MINUTES, 00
12        SECONDS EAST, 280.11 FEET; THENCE NORTH  72  DEGREES,  34
13        MINUTES,  18  SECONDS  WEST, 149.63 FEET; THENCE SOUTH 90
14        DEGREES, 00 MINUTES, 00 SECONDS WEST, 53.70 FEET;  THENCE
15        SOUTH 45 DEGREES, 00 MINUTES, 00 SECONDS WEST, 32.53 FEET
16        TO  A  POINT  ON A LINE 484.69 FEET, AS MEASURED AT RIGHT
17        ANGLES, EAST OF AND PARALLEL WITH THE WEST LINE  OF  SAID
18        SOUTHWEST  1/4, SAID POINT BEING 679.18 FEET, AS MEASURED
19        ALONG SAID PARALLEL LINE,  NORTH  OF  THE  AFOREDESCRIBED
20        POINT  OF  COMMENCEMENT;  THENCE  NORTH  00  DEGREES,  00
21        MINUTES,  00  SECONDS  EAST  ALONG  SAID  LAST  DESCRIBED
22        PARALLEL  LINE,  158.10 FEET; THENCE NORTH 39 DEGREES, 39
23        MINUTES, 24 SECONDS EAST, 27.09 FEET TO  AN  INTERSECTION
24        WITH  THE  SOUTHERLY  LINE  OF HIGGINS ROAD, BEING A LINE
25        50.00 FEET, AS MEASURED AT  RIGHT  ANGLES,  SOUTHERLY  OF
26        AND  PARALLEL  WITH  THE CENTER LINE OF SAID ROAD; THENCE
27        SOUTH 72 DEGREES, 34 MINUTES, 18 SECONDS EAST ALONG  SAID
28        LAST   DESCRIBED   SOUTHERLY  LINE,  382.55  FEET  TO  AN
29        INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE  OF  THE
30        MINNEAPOLIS,  ST.  PAUL  AND  SAULT  STE.  MARIE RAILROAD
31        (FORMERLY THE CHICAGO  AND  WISCONSIN  RAILROAD);  THENCE
32        SOUTH  14 DEGREES, 51 MINUTES, 36 SECONDS EAST ALONG SAID
33        LAST DESCRIBED WESTERLY LINE, 378.97 FEET;  THENCE  SOUTH
34        90  DEGREES,  00 MINUTES, 00 SECONDS WEST, 260.00 FEET TO
                            -15-               LRB9011205MWpc
 1        THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS.
 2             Generally comprising approximately 3.8  acres  along
 3        the south side of  Higgins Road, East of Mannheim Road.
 4                               Tract 2
 5        PARCEL 1:
 6             Any   leasehold  interest  of  any  portion  of  the
 7        property legally described as  follows:
 8        THAT PART OF THE EAST 8  ACRES  OF  LOT  2  IN  FREDERICK
 9        JOSS'S JOSS92S DIVISION OF LAND IN SECTION 9, TOWNSHIP 40
10        NORTH,  RANGE  12    EAST OF THE THIRD PRINCIPAL MERIDIAN
11        (EXCEPT THE NORTH  500 FEET THEREOF AS  MEASURED  ON  THE
12        EAST  LINE)  LYING    EASTERLY OF THE FOLLOWING DESCRIBED
13        LINE: BEGINNING AT A  POINT ON THE NORTH LINE OF SAID LOT
14        2, 19.07 FEET WEST OF    THE  NORTHEAST  CORNER  THEREOF;
15        THENCE SOUTHWESTERLY  ALONG A LINE FORMING AN ANGLE OF 73
16        DEGREES  46 MINUTES  40 SECONDS (AS MEASURED FROM WEST TO
17        SOUTHWEST) WITH  THE AFORESAID NORTH LINE  OF  LOT  2,  A
18        DISTANCE OF 626.69  FEET TO A POINT; THENCE SOUTHEASTERLY
19        ALONG  A  LINE  FORMING AN ANGLE OF 20 DEGREES 58 MINUTES
20        25 SECONDS  (AS MEASURED TO THE LEFT) WITH A PROLONGATION
21        OF THE  LAST DESCRIBED COURSE A DISTANCE OF  721.92  FEET
22        TO  A  POINT IN THE SOUTH LINE OF SAID LOT WHICH IS 85.31
23        FEET  WEST  OF  THE  SOUTHEAST  CORNER  OF  SAID  LOT  2,
24        EXCEPTING    THEREFROM  THE FOLLOWING DESCRIBED PREMISES:
25        THE SOUTH  50 FEET OF LOT 2 LYING EAST OF  THE  FOLLOWING
26        DESCRIBED    LINE; BEGINNING AT A POINT IN THE SOUTH LINE
27        OF LOT 2, WHICH  IS 85.31  FEET  WEST  OF  THE  SOUTHEAST
28        CORNER  OF  SAID  LOT;   THENCE NORTHERLY ON A LINE WHICH
29        FORMS AN ANGLE OF 85  DEGREES 13 MINUTES  25  SECONDS  IN
30        THE  NORTHWEST  1/4  WITH    SAID  LAST DESCRIBED LINE IN
31        FREDERICK JOSS'S  JOSS92S  DIVISION  OF    LANDS  IN  THE
32        NORTHEAST  1/4 OF SECTION 9, TOWNSHIP 40  NORTH, RANGE 12
33        EAST OF THE THIRD PRINCIPAL MERIDIAN.
34        PARCEL 2:
                            -16-               LRB9011205MWpc
 1             Plus any rights of ingress and egress which the said
 2        holder of the  leasehold interest may  have  pursuant  to
 3        the following described easement:
 4        GRANT OF EASEMENT FOR THE BENEFIT OF PARCEL 1 AS  CREATED
 5        BY  GRANT FROM FRACAP SHEET METAL  MANUFACTURING COMPANY,
 6        INC. TO JUNE WEBER POLLY DATED   NOVEMBER  16,  1970  AND
 7        RECORDED   APRIL  7,  1971  AS  DOCUMENT    21442818  FOR
 8        PASSAGEWAY OVER THE EAST 20 FEET AS   MEASURED  AT  RIGHT
 9        ANGLES TO THE EAST LINE THEREOF OF  THE NORTH 500 FEET OF
10        THAT  PART  OF  THE  EAST  8 ACRES OF  LOT 2 IN FREDERICK
11        JOSS'S JOSS92S DIVISION OF LAND IN SECTION 9,    TOWNSHIP
12        40 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL  MERIDIAN,
13        LYING   EASTERLY   OF  THE  FOLLOWING  DESCRIBED    LINE:
14        BEGINNING AT A POINT ON THE NORTH LINE  OF  SAID  LOT  2,
15        19.07  FEET WEST OF THE NORTHEAST CORNER THEREOF;  THENCE
16        SOUTHWESTERLY ALONG A  LINE  FORMING  AN  ANGLE  OF    73
17        DEGREES  46 MINUTES 40 SECONDS (AS MEASURED FROM  WEST TO
18        SOUTHWEST) WITH THE AFORESAID NORTH LINE OF  LOT    2,  A
19        DISTANCE OF 626.69 FEET TO A POINT; THENCE  SOUTHEASTERLY
20        ALONG  A  LINE FORMING AN ANGLE OF 20  DEGREES 58 MINUTES
21        25 SECONDS (AS MEASURED TO THE LEFT)  WITH A PROLONGATION
22        OF THE LAST DESCRIBED COURSE A  DISTANCE OF  721.92  FEET
23        TO  A  POINT  IN  THE SOUTH LINE OF  SAID LOT 2, WHICH IS
24        85.31 FEET WEST OF THE SOUTHEAST  CORNER OF SAID  LOT  2,
25        IN COOK COUNTY, ILLINOIS;
26             (57) (55)  for a period of 24 months from August 14,
27        1997  the  effective date of this amendatory Act of 1997,
28        by the City of Champaign for the acquisition of land  and
29        easements  in  and  adjacent to the City of Champaign for
30        the improvement of Windsor Road and Duncan Road  and  for
31        the   construction  of  the  Boneyard  Creek  Improvement
32        Project.
33        In a proceeding subject to this Section,  the  plaintiff,
34    at  any  time  after  the complaint has been filed and before
                            -17-               LRB9011205MWpc
 1    judgment is entered in the proceeding,  may  file  a  written
 2    motion  requesting  that,  immediately  or  at some specified
 3    later date, the plaintiff  either  be  vested  with  the  fee
 4    simple title (or such lesser estate, interest or easement, as
 5    may  be  required) to the real property, or specified portion
 6    thereof, which is the  subject  of  the  proceeding,  and  be
 7    authorized  to  take  possession of and use such property; or
 8    only be authorized to take possession  of  and  to  use  such
 9    property,  if such possession and use, without the vesting of
10    title, are sufficient to permit the plaintiff to proceed with
11    the project until the final  ascertainment  of  compensation;
12    however, no land or interests therein now or hereafter owned,
13    leased,  controlled or operated and used by, or necessary for
14    the actual  operation  of,  any  common  carrier  engaged  in
15    interstate  commerce,  or any other public utility subject to
16    the jurisdiction of the Illinois Commerce  Commission,  shall
17    be  taken or appropriated hereunder by the State of Illinois,
18    the Illinois Toll Highway Authority, the  sanitary  district,
19    the  St.  Louis  Metropolitan  Area  Airport Authority or the
20    Board of Trustees of the University of Illinois without first
21    securing the approval of such Commission.
22        Except as hereinafter stated, the motion for taking shall
23    state: (1) an accurate description of the property  to  which
24    the  motion  relates  and the estate or interest sought to be
25    acquired therein; (2) the formally adopted schedule  or  plan
26    of  operation  for  the execution of the plaintiff's project;
27    (3) the  situation  of  the  property  to  which  the  motion
28    relates,  with  respect  to  the  schedule  or  plan; (4) the
29    necessity for taking such property in the manner requested in
30    the  motion;  and  (5)  if  the  property  (except   property
31    described in Section 3 of the Sports Stadium Act, or property
32    described as Site B in Section 2 of the Metropolitan Pier and
33    Exposition  Authority  Act)  to  be  taken  is owned, leased,
34    controlled or operated and used  by,  or  necessary  for  the
                            -18-               LRB9011205MWpc
 1    actual  operation  of, any interstate common carrier or other
 2    public utility subject to the jurisdiction  of  the  Illinois
 3    Commerce  Commission,  a  statement  to  the  effect that the
 4    approval of such proposed taking has been secured  from  such
 5    Commission,  and attaching to such motion a certified copy of
 6    the order of such Commission granting such approval.  If  the
 7    schedule  or  plan of operation is not set forth fully in the
 8    motion, a copy of such schedule or plan shall be attached  to
 9    the motion.
10    (Source: P.A.  89-29,  eff.  6-23-95;  89-134,  eff. 7-14-95;
11    89-343, eff. 8-17-95;  89-356,  eff.  8-17-95;  89-445,  eff.
12    2-7-96;  89-460,  eff. 5-24-96; 89-494, eff. 6-21-96; 89-502,
13    eff. 6-28-96; 89-504,  eff.  6-28-96;  89-592,  eff.  8-1-96;
14    89-626,  eff.  8-9-96;  89-683,  eff.  6-1-97;  89-699,  eff.
15    1-16-97;  90-6, eff. 6-3-97; 90-14, eff. 7-1-97; 90-232, eff.
16    7-25-97; 90-370, eff. 8-14-97; revised 9-29-97.)
17        Section 99.  Effective date.  This Act takes effect  upon
18    becoming law.

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