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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.
LRB9011205MWpc
LRB9011205MWpc
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)
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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,
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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
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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
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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
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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:
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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
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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
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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.