Public Act 0610 94TH GENERAL ASSEMBLY

SB2038 Enrolled LRB094 07264 WGH 37420 b

Public Act 094-0610

AN ACT concerning property.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. "An Act to authorize the Department of Mental Health to convey certain State-owned lands in Kane County", approved August 10, 1965, as amended by "An Act to amend Section 3 of "An Act to authorize the Department of Mental Health to convey certain State-owned lands in Kane County", approved August 10, 1965", approved March 2, 1967, is amended by changing Section 3 as follows:

(Laws 1965, p. 2927, Sec. 3; Laws 1967, p. 28, Sec. 1)

Sec. 3. (a) Except as provided in subsection (b), the The purchaser shall agree that the land described in Section 1 shall be used for public educational and recreational purposes, but may convey any part of that land to the board of a public junior college district which includes any part of Kane County in its territory at a purchase price computed on the basis of a price per acre which does not exceed that authorized by this Act for the conveyance to the City of Elgin. Such an agreement does not prevent the City of Elgin from selling or leasing, under the conditions and in the manner provided in Division 76 of Article 11 of the Illinois Municipal Code, any part of that land not so conveyed.

(b) The provisions of subsection (a) do not apply to the following described land, which is a part of the land described in Section 1: THAT PART OF THE SOUTH HALF OF SECTION 21, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21; THENCE SOUTH 88 DEGREES 16 MINUTES 35 SECONDS WEST, ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21, A DISTANCE OF 474.18 FEET; THENCE NORTH 58 DEGREES 14 MINUTES 37 SECONDS WEST, A DISTANCE OF 235.77 FEET; THENCE NORTH 32 DEGREES 44 MINUTES 49 SECONDS WEST, A DISTANCE OF 162.03 FEET; THENCE NORTH 09 DEGREES 02 MINUTES 18 SECONDS WEST, A DISTANCE OF 360.85 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 09 DEGREES 02 MINUTES 18 SECONDS EAST, A DISTANCE OF 360.85 FEET; THENCE SOUTH 32 DEGREES 44 MINUTES 49 SECONDS EAST, A DISTANCE OF 162.03 FEET; THENCE SOUTH 58 DEGREES 14 MINUTES 37 SECONDS EAST, A DISTANCE OF 74.33 FEET; THENCE SOUTH 37 DEGREES 35 MINUTES 46 SECONDS EAST, A DISTANCE OF 109.91 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21; THENCE SOUTH 88 DEGREES 16 MINUTES 35 SECONDS WEST, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21 ALSO BEING THE SOUTH LINE OF PROPERTY PREVIOUSLY OWNED BY THE STATE OF ILLINOIS BY DOCUMENT NUMBER 498148, A DISTANCE OF 783.03 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21; THENCE NORTH 00 DEGREES 56 MINUTES 00 SECONDS WEST, ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21 ALSO BEING THE MOST WESTERLY LINE OF PROPERTY PREVIOUSLY OWNED BY THE STATE OF ILLINOIS BY DOCUMENT NUMBER 498148, A DISTANCE OF 624.62 FEET TO THE INTERSECTION WITH A LINE THAT IS 30.00 FEET, AS MEASURED PERPENDICULAR, SOUTHERLY OF AND PARALLEL WITH THE NORTHERLY LINE OF PROPERTY PREVIOUSLY OWNED BY THE STATE OF ILLINOIS BY DOCUMENT NUMBER 498148; THENCE NORTH 88 DEGREES 01 MINUTES 35 SECONDS EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 518.58 FEET TO THE POINT OF BEGINNING. BEING SITUATED IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS AND CONTAINING 8.59 ACRES MORE OR LESS.

(Source: Laws 1965, p. 2927; Laws 1967, p. 28.)

(P.A. 81-910, Sec. 1-6 rep.)

Section 10. "An Act authorizing the Director of Mental Health and Developmental Disabilities to convey certain real property", approved September 22, 1979, Public Act 81-910, is amended by repealing Section 1-6.

Section 15. Upon the payment of the sum of $1 to the State of Illinois, Department of Corrections, the Director of the Department of Corrections, on behalf of the State of Illinois, is authorized to execute and deliver to the Community Unit School District 303 a Quit Claim Deed to the following described real property, to wit:

THE EAST 1/2 OF THE SOUTHEAST QUARTER LYING SOUTHERLY OF THE SOUTHERLY LINE OF ILLINOIS ROUTE 38 OF SECTION 31, TOWNSHIP 40 NORTH, RANGE 8 (EXCEPT PARTS LYING IN THE FOLLOWING TRACTS: PART CONVEYED TO CITY OF GENEVA BY DEED AS DOCUMENT NUMBER 2003K030617 RECORDED FEBRUARY 20, 2003 AND PART CONVEYED TO CITY OF ST. CHARLES BY DEED AS DOCUMENT NUMBER 2003K107154 RECORDED JUNE 27, 2003 AND PARTS CONVEYED TO ST. CHARLES PARK DISTRICT BY DEED DOCUMENT 2003K003045 AND DEED DOCUMENT 2003K003046 RECORDED JANUARY 7, 2003, PART CONVEYED TO CITY OF ST. CHARLES BY DEED DOCUMENT 93K095347, ALSO EXCEPT PART CONVEYED TO ILLINOIS DEPT. OF TRANSPORTATION BY DEED DOCUMENT 1690232 AND ALSO EXCEPT ANY PART LYING IN PECK ROAD) IN CITY OF ST. CHARLES, KANE COUNTY, ILLINOIS.

The conveyance of land under this Section is subject to the condition that the land must be used or held by the Community Unit School District 303 for public purposes unless otherwise authorized by law. If at any time the condition is breached then the land shall revert back to the State of Illinois, Department of Corrections, by operation of law.

Section 20. The General Assembly finds as follows:

(1) Public Act 92-532 authorized the transfer of parcels of land from the Illinois Department of Corrections to the City of St. Charles.

(2) It was the understanding of the Illinois Department of Corrections and the City of St. Charles that the conveyance described in Section 10 of this Act would be included in Public Act 92-532.

(3) It has since been discovered that the conveyance described in Section 10 of this Act was not included in Public Act 92-532, and this Act is necessary to ensure that the conveyance be made so that the land may be used for a public purpose.

Section 25. The Director of the Illinois Department of Corrections is authorized to convey a permanent exclusive easement to the City of St. Charles, Illinois, lessees of the City of St. Charles, Illinois, and all public utility companies of any kind of operation under franchise agreements granting them easement rights from the City of St. Charles, Illinois, and their successors and assigns in, upon, across, over, under, and through the following described land in Kane County, Illinois:

Parcel 10: ILLINOIS DEPARTMENT OF CORRECTIONS

The Westerly Sixty Feet and the Northerly Ten Feet of that part of the Southeast Quarter of Section 31 Township 40 North, Range 8 East of the Third Principal Meridian, described as follows:

Beginning at the Northeast corner of Tract of Land conveyed to the City of St. Charles by Quit Claim Deed recorded November 30, 1993 as Document No. 93K095347 (Parcel 1) in the Kane County Recorders Office; thence Southerly along the East Line of said Tract, 749.89 feet; thence Southwesterly along the Southeast Line of said Tract which forms an angle of 210 degrees 30 minutes and 00 seconds with last described course (measured clockwise therefrom) 309.61 feet; thence Easterly along a line that forms an angle of 59 degrees 55 minutes and 57 seconds with the last described course (measured clockwise therefrom) 715.24 feet, to a point on the Southerly Extension of the West Line of Tract of Land conveyed to the Illinois Department of Transportation by document No. 1690232 in said Recorders Office, said point being 550.00 feet South of Southwest corner of said Tract; thence Northerly along said Southerly Extension and the West Line of said Tract, and which line forms an angle of 90 degrees 00 minutes and 00 seconds with the last described course (measured clockwise therefrom) 1050.00 feet, to the Northwest corner of said Illinois Department of Transportation Tract, being on the South Right of Way of Illinois State Route 38, (said South Right of Way Line being 60.00 feet normally distant South of the Centerline of Illinois State Route 38); thence westerly along said Right of Way line 566.70 feet, to the Point of Beginning, in St. Charles Township, Kane County, Illinois.

Section 90. The Director of the Illinois Department of Corrections shall obtain a certified copy of the portion of this Act containing the title, enacting clause, effective date, the appropriate Sections containing the land descriptions of the property listed in Sections 15 and 25 to be transferred or otherwise affected under this Act after its effective date and, upon receipt of payment, if payment is required by the Section, shall record the certified document in the Recorder's Office in Kane County.

Section 99. Effective date. This Act takes effect upon becoming law.

Effective Date: 8/16/2005