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Public Act 096-0316

 

Public Act 0316 96TH GENERAL ASSEMBLY 







 

 		


Public Act 096-0316
 		





HB4075 Enrolled
LRB096 04448 AJO 22486 b






    AN ACT concerning property.

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



 
    Section 5. Arcola conveyance. The Director of the 
Department of Natural Resources, on behalf of the State of 
Illinois, shall, pursuant to the conditions stated in Section 
50,  execute and deliver to the City of Arcola, an Illinois Unit 
of Local Government, of the County of Douglas, State of 
Illinois, for and in consideration of One Dollar ($1.00) paid 
to said Department, a quit claim deed to the following 
described real property, to wit:
 
        All that part of the following described property lying 
    between Locust Street and Collins Street in the City of 
    Arcola, and all that part of the following described 
    property running from Jacques Street, in the City of 
    Arcola, in an easterly direction approximately two (2) 
    miles, to wit:
 
        All those certain pieces or parcels of land and 
    premises, easements, rights-of-way and any other rights of 
    any kind whatsoever appurtenant thereto or used in 
    conjunction therewith on and along that portion of the 
    former Peoria Secondary Track of the Penn Central 
    Corporation, as granted to The People of the State of 
    Illinois, Department of Conservation, by Quit Claim Deed 
    dated September 20, 1991, recorded in the Moultrie County 
    Recorder's Office as document #228680, recorded in the 
    Douglas County Recorder's Office in Deed Book 221 at Page 
    238, and recorded in the Coles County Recorder's Office in 
    Volume 771 at Page 209;
 
        EXCEPT that part thereof required by the Illinois 
    Department of Transportation for the future widening of 
    Interstate 57.

 
    Section 10. Arthur conveyance. The Director of the 
Department of Natural Resources, on behalf of the State of 
Illinois, shall, pursuant to the conditions stated in Section 
50, execute and deliver to the Village of Arthur, an Illinois 
Unit of Local Government, of the Counties of Douglas and 
Moultrie, for and in consideration of One Dollar ($1.00) paid 
to said Department, a quit claim deed to the following 
described real property, to wit:
 
        All that part of the following described property lying 
    westerly of the East line of the Northwest Quarter (NW 1/4) 
    of Section 30, Township 15 North, Range 7 East of the Third 
    Principal Meridian, Douglas County, Illinois, as extended 
    across the former right-of-way of the abandoned Penn 
    Central Railroad, and easterly of the West right of way 
    line of Glasgow Street in the Village of Arthur, Moultrie 
    County, Illinois, as extended across said railroad 
    right-of-way, to wit:
 
        Part of Section 25 Township 15 North, Range 6 East of 
    the Third Principal Meridian, Moultrie County, Illinois 
    and part of Section 30, Township 15 North, Range 7 East of 
    the Third Principal Meridian, Douglas County, Illinois, 
    being all those certain pieces or parcels of land and 
    premises, easements, rights-of-way and any other rights of 
    any kind whatsoever appurtenant thereto or used in 
    conjunction therewith on and along that portion of the 
    former Peoria Secondary Track of the Penn Central 
    Corporation, lying within said Sections 25 and 30, as 
    granted to The People of the State of Illinois, Department 
    of Conservation, by Quit Claim Deed dated September 20, 
    1991, recorded in the Moultrie County Recorder's Office as 
    document #228680, recorded in the Douglas County 
    Recorder's Office in Deed Book 221 at Page 238, and 
    recorded in the Coles County Recorder's Office in Volume 
    771 at Page 209.

 
    Section 15. Hindsboro conveyance. The Director of the 
Department of Natural Resources, on behalf of the State of 
Illinois, shall, pursuant to the conditions stated in Section 
50, execute and deliver to the Village of Hindsboro, an 
Illinois Unit of Local Government, of the County of Douglas, 
State of Illinois, for and in consideration of One Dollar 
($1.00) paid to said Department, a quit claim deed to the 
following described real property, to wit:
 
        All that part of the following described property lying 
    within the limits of the Village of Hindsboro, to wit:
 
        All those certain pieces or parcels of land and 
    premises, easements, rights-of-way and any other rights of 
    any kind whatsoever appurtenant thereto or used in 
    conjunction therewith on and along that portion of the 
    former Peoria Secondary Track of the Penn Central 
    Corporation, as granted to The People of the State of 
    Illinois, Department of Conservation, by Quit Claim Deed 
    dated September 20, 1991, recorded in the Moultrie County 
    Recorder's Office as document #228680, recorded in the 
    Douglas County Recorder's Office in Deed Book 221 at Page 
    238, and recorded in the Coles County Recorder's Office in 
    Volume 771 at Page 209.

 
    Section 20. Lovington conveyance. The Director of the 
Department of Natural Resources, on behalf of the State of 
Illinois, shall, pursuant to the conditions stated in Section 
50, execute and deliver to the Village of Lovington, an 
Illinois Unit of Local Government, of the County of Moultrie, 
State of Illinois, for and in consideration of One Dollar 
($1.00) paid to said Department, a quit claim deed to the 
following described real property, to wit:
 
        All that part of the following described property 
    running from the Illinois Route 32 river bridge, eastward 
    through Lovington and to the East line of Lovington 
    Township, to wit:
        All those certain pieces or parcels of land and 
    premises, easements, rights-of-way and any other rights of 
    any kind whatsoever appurtenant thereto or used in 
    conjunction therewith on and along that portion of the 
    former Peoria Secondary Track of the Penn Central 
    Corporation, as granted to The People of the State of 
    Illinois, Department of Conservation, by Quit Claim Deed 
    dated September 20, 1991, recorded in the Moultrie County 
    Recorder's Office as document #228680, recorded in the 
    Douglas County Recorder's Office in Deed Book 221 at Page 
    238, and recorded in the Coles County Recorder's Office in 
    Volume 771 at Page 209.

 
    Section 25. Lovington Township conveyance. The Director of 
the Department of Natural Resources, on behalf of the State of 
Illinois, shall, pursuant to the conditions stated in Section 
50, execute and deliver to Lovington Township, an Illinois Unit 
of Local Government, of the County of Moultrie, State of 
Illinois, for and in consideration of One Dollar ($1.00) paid 
to said Department, a quit claim deed to the following 
described real property, to wit:
        All that part of the following described property 
    running from Washington Street to Broadway Street in the 
    Village of Lovington, and all that part of the following 
    described property running from County Road 700 East, 
    eastwardly approximately 600 feet, to wit:
        All those certain pieces or parcels of land and 
    premises, easements, rights-of-way and any other rights of 
    any kind whatsoever appurtenant thereto or used in 
    conjunction therewith on and along that portion of the 
    former Peoria Secondary Track of the Penn Central 
    Corporation, as granted to The People of the State of 
    Illinois, Department of Conservation, by Quit Claim Deed 
    dated September 20, 1991, recorded in the Moultrie County 
    Recorder's Office as document #228680, recorded in the 
    Douglas County Recorder's Office in Deed Book 221 at Page 
    238, and recorded in the Coles County Recorder's Office in 
    Volume 771 at Page 209.

 
    Section 30. East Oakland Township conveyance. The Director 
of the Department of Natural Resources, on behalf of the State 
of Illinois, shall, pursuant to the conditions stated in 
Section 50, execute and deliver to East Oakland Township, an 
Illinois Unit of Local Government, of the County of Coles, 
State of Illinois, for and in consideration of One Dollar 
($1.00) paid to said Department, a quit claim deed to the 
following described real property, to wit:
 
        All that part of the following described property 
    running from Main Street in Oakland, westerly to County 
    Road 2300 East, to wit:
 
        All those certain pieces or parcels of land and 
    premises, easements, rights-of-way and any other rights of 
    any kind whatsoever appurtenant thereto or used in 
    conjunction therewith on and along that portion of the 
    former Peoria Secondary Track of the Penn Central 
    Corporation, as granted to The People of the State of 
    Illinois, Department of Conservation, by Quit Claim Deed 
    dated September 20, 1991, recorded in the Moultrie County 
    Recorder's Office as document #228680, recorded in the 
    Douglas County Recorder's Office in Deed Book 221 at Page 
    238, and recorded in the Coles County Recorder's Office in 
    Volume 771 at Page 209.

 
    Section 35. Bourbon Township conveyance.  The Director of 
the Department of Natural Resources, on behalf of the State of 
Illinois, shall, pursuant to the conditions stated in Section 
50, execute and deliver to Bourbon Township, an Illinois Unit 
of Local Government, of the County of Douglas, State of 
Illinois, for and in consideration of One Dollar ($1.00) paid 
to said Department, a quit claim deed to the following 
described real property, to wit:
        All that part of the following described property 
    located within the limits of Bourbon Township, to wit:
        All those certain pieces or parcels of land and 
    premises, easements, rights-of-way and any other rights of 
    any kind whatsoever appurtenant thereto or used in 
    conjunction therewith on and along that portion of the 
    former Peoria Secondary Track of the Penn Central 
    Corporation, as granted to The People of the State of 
    Illinois, Department of Conservation, by Quit Claim Deed 
    dated September 20, 1991, recorded in the Moultrie County 
    Recorder's Office as document #228680, recorded in the 
    Douglas County Recorder's Office in Deed Book 221 at Page 
    238, and recorded in the Coles County Recorder's Office in 
    Volume 771 at Page 209.

 
        ALSO,
 
        That tract or parcel of land previously conveyed from 
    Lorenzo S. Stewart and his wife to the People of the State 
    of Illinois, Department of Conservation, by Warranty Deed 
    recorded in the Recorder's Office of Douglas County, 
    Illinois, on March 12, 1992, in Book 223 of Deeds at page 
    135, as Document No. 188627, said tract or parcel being 
    described as follows:
        That portion of the Penn Central Corporations's Peoria 
    Secondary Line of Railroad (now abandoned) lying between 
    the centerline of Bourbon Road (Station No. 3093 + 20) and 
    the East line of Section 35, Township 15 North, Range 7 
    East of the Third Principal Meridian (Station No. 3079 + 
    75), containing 3.86 acres, more or less, and being a part 
    of the Southeast Quarter of said Section 35.
 
        ALSO,
 
        That permanent irrevocable easement previously 
    conveyed from OKAW Buildings, Inc., an Illinois 
    Corporation, to the People of the State of Illinois, 
    Department of Conservation, by Deed Granting Easement 
    recorded October 24, 1994, in the Recorder's Office of 
    Douglas County, Illinois, in Book 346 of Records at page 
    346, as Document No. 198983, over, under, upon and along 
    the following described real estate for the purpose of 
    constructing, maintaining, repairing and operating the 
    Prairie Wind State Trail, to wit:
        GENERAL DESCRIPTION: The Easterly 75 feet, and the 
    Northerly 20 feet of the following described tract of land:
        All that parcel of land situate in the Township of 
    Bourbon, County of Douglas, State of Illinois, being part 
    of the Southeast Quarter of the Northwest Quarter of 
    Section 35, Township 15 North, Range 7 East of the Third 
    Principal Meridian, and being all of the right, title and 
    interest of the Grantor herein and to all those certain 
    pieces or parcels of land and premises, easements, 
    right-of-way and any other rights of any kind whatsoever 
    appurtenant to or used in conjunction therewith on and 
    along that portion of the former Peoria Secondary of the 
    Penn Central Corporation, described as follows: Beginning 
    at the West line of said Southeast Quarter of the Northwest 
    Quarter of Section 35 as extended across the right-of-way 
    of said Peoria Secondary through a point in the centerline 
    thereof at Railroad Valuation Station 3119+55, the same 
    being within the limits of East Street; thence extending in 
    a Southeasterly direction along the centerline of said 
    railroad a distance of 777 feet, more or less, to a line 
    coincident with the Easterly face of the backwall for 
    Bridge No. 58/86 as extended across the right-of-way of 
    said Peoria Secondary through a point in the centerline 
    thereof at Railroad Valuation Station 3111+80, the same 
    being the place of ending, situated in the County of 
    Douglas, in the State of Illinois;
        DETAIL DESCRIPTION: Part of the Southeast Quarter of 
    the Northwest Quarter of Section 35, Township 15 North, 
    Range 7 East of the Third Principal Meridian, more 
    particularly described as follows:
        Commencing at the Northwest corner of Lot 9, Rork's 
    Subdivision, Chesterville, Illinois; thence South 74 
    degrees 20 minutes 00 seconds East (an assumed bearing) on 
    the Southerly right-of-way line of the former Peoria 
    Secondary of the Penn Central Corporation, 520.52 feet to a 
    point on the West line of the Southeast Quarter of the 
    Northwest Quarter of said Section 35; thence North 00 
    degrees 00 minutes 00 seconds East on the West line of said 
    Southeast Quarter of the Northwest Quarter, 31.24 feet to 
    the Point of Beginning; thence from said Point of 
    Beginning, North 00 degrees 00 minutes 00 seconds East on 
    the West line of said Southeast Quarter of the Northwest 
    Quarter, 20.68 feet to a point on the Northerly 
    right-of-way line of the former Peoria Secondary of the 
    Penn Central Corporation; thence South 74 degrees 20 
    minutes 00 seconds East on said Northerly right-of-way 
    line, 758.47 feet to a point; thence South 15 degrees 40 
    minutes 00 seconds West, 50.00 feet to a point on the 
    Southerly right-of-way line of the former Peoria Secondary 
    of the Penn Central Corporation; thence North 74 degrees 20 
    minutes 00 seconds West on said Southerly right-of-way 
    line, 75.00 feet to a point; thence North 15 degrees 40 
    minutes 00 seconds East, 30.00 feet to a point; thence 
    North 74 degrees 20 minutes 00 seconds West, 677.88 feet to 
    the Point of Beginning, containing 0.40 acres, more or 
    less, all situated in the County of Douglas, in the State 
    of Illinois.
 
        ALSO,
 
        Three (3) Tracts of land previously conveyed from 
    Robert D. Stewart and wife to the People of the State of 
    Illinois, Department of Conservation, by Warranty Deed 
    recorded in the Recorder's Office of Douglas County, 
    Illinois, on March 8, 1993, in Book 287 of Records at page 
    242, as Document 192675, said Tracts being described as 
    follows:


        Tract I:


        All that strip or parcel of land, 100 feet wide, 
    situate in the Township of Bourbon, County of Douglas, 
    State of Illinois, being part of the Northeast Quarter and 
    part of the Northwest Quarter of Section 34, Township 15 
    North, Range 7 East of the Third Principal Meridian and 
    being that portion of the former Peoria Secondary of the 
    Penn Central Corporation further bounded and described 
    according to a plan of survey made by W. Justin Grady, 
    Registered Land Surveyor No. 2259, dated November 6, 1990, 
    as follows: Beginning at the intersection of the South 
    Right of Way Line of said Peoria Secondary with the East 
    Line of said Section 34; thence Northwesterly along said 
    South Right of Way Line on an Azimuth of 285 degrees 03 
    minutes, a distance of 3,402.62 feet; thence North crossing 
    said property to the North Right of Way Line of said Peoria 
    Secondary along a line on an Azimuth of 0 degrees 00 
    minutes, a distance of 103.60 feet; thence Southeasterly 
    along said North Right of way Line on an Azimuth of 105 
    degrees 03 minutes, a distance of 3,402.62 feet; thence 
    South along the East Line of said Section 34 on an Azimuth 
    of 180 degrees 00 minutes, a distance of 103.60 feet to the 
    point of beginning.


        Tract II:


        All that parcel of land situate in the Village of 
    Chesterville, County of Douglas, State of Illinois, being 
    part of the Southwest Quarter of the Northwest Quarter of 
    Section 35, Township 15 North, Range 7 East of the Third 
    Principal Meridian and being all of the right, title and 
    interest of the Grantor herein and to all those certain 
    pieces of parcels of land and premises, easements, rights 
    of way and any other rights of any kind whatsoever 
    appurtenant thereto or used in conjunction therewith on and 
    along that portion of the former Peoria Secondary Track of 
    the Penn Central Corporation, described as follows: 
    Beginning at the West line of said Section 35 as extended 
    across the right of way of said Peoria Secondary through a 
    point in the centerline thereof at Railroad Valuation 
    Station 3133+10, more or less, thence extending in a 
    Southeasterly direction along the centerline of said 
    railroad a distance of 790 feet, more or less, to the 
    centerline of the first north/south thru street as extended 
    across the right of way of said Peoria Secondary through a 
    point in the centerline thereof at Railroad Valuation 
    Station 3125+20, the place of ending.


        Tract III:


        Lot 13 of original town of Chesterville, Douglas 
    County, Illinois.

 
    Section 40. City of Oakland conveyance. The Director of the 
Department of Natural Resources, on behalf of the State of 
Illinois, shall, pursuant to the conditions stated in Section 
50, execute and deliver to City of Oakland, an Illinois Unit of 
Local Government, of the County of Coles for and in 
consideration of One Dollar ($1.00) paid to said Department, a 
quit claim deed to the following described real property, to 
wit:
 
        All that part of the following described property 
    situated in Coles County, Illinois, to wit:
 
        All those certain pieces or parcels of land and 
    premises, easements, rights-of-way and any other rights of 
    any kind whatsoever appurtenant thereto or used in 
    conjunction therewith on and along that portion of the 
    former Peoria Secondary Track of the Penn Central 
    Corporation, as granted to The People of the State of 
    Illinois, Department of Conservation, by Quit Claim Deed 
    dated September 20, 1991, recorded in the Moultrie County 
    Recorder's Office as document #228680, recorded in the 
    Douglas County Recorder's Office in Deed Book 221 at Page 
    238, and recorded in the Coles County Recorder's Office in 
    Volume 771 at Page 209.


 
    Section 45. Lowe Road District conveyance. The Director of 
the Department of Natural Resources, on behalf of the State of 
Illinois, shall, pursuant to the conditions stated in Section 
50, execute and deliver to Lowe Road District, an Illinois Unit 
of Local Government, of the County of Moultrie, State of 
Illinois, for and in consideration of One Dollar ($1.00) paid 
to said Department, a quit claim deed to the following 
described real property, to wit:
 
        Three (3) parcels in Lowe Township, one parcel starting 
    at the East side of Section 28 and running westerly 
    approximately 726 feet, another parcel running from one end 
    of Williamsburg to the other, and another parcel in Section 
    27 behind Effingham Equity Fertilizer Plant, said parcels 
    being parts of the following described property, to wit:
 
        All those certain pieces or parcels of land and 
    premises, easements, rights-of-way and any other rights of 
    any kind whatsoever appurtenant thereto or used in 
    conjunction therewith on and along that portion of the 
    former Peoria Secondary Track of the Penn Central 
    Corporation, as granted to The People of the State of 
    Illinois, Department of Conservation, by Quit Claim Deed 
    dated September 20, 1991, recorded in the Moultrie County 
    Recorder's Office as document #228680, recorded in the 
    Douglas County Recorder's Office in Deed Book 221 at Page 
    238, and recorded in the Coles County Recorder's Office in 
    Volume 771 at Page 209.

 
    Section 50. Restrictions and conditions. 
    (a)  For a parcel of real property described in Section 5, 
10, 15, 20, 25, 30, 35, 40, or  45, that is not subject to any 
litigation, the entity designated to receive real property 
described in that Section shall within 30 days after the 
effective date of this Act  receive from the Department of 
Natural Resources a written notice of first refusal to receive 
that property and if the entity designated to receive real 
property described in that Section then gives written notice to 
the Director of the Department of Natural Resources that the 
entity  will accept the described real property as grantee  and 
will tender the consideration of $1.00, the conveyance of the 
parcel of real property shall be made pursuant to the 
applicable Section and Section 55 and subject to existing 
public utilities, existing public roads, and any and all 
reservations, easements, covenants and restrictions of record.
    (b)  The conveyance of a parcel of real property authorized 
by Section 5, 10, 15, 20, 25, 30, 35, 40, or  45, shall be made 
as follows: if  the property described in the appropriate  
Section is included in whole or in part in a judgment in, or a 
settlement or other  resolution of litigation  that is favorable 
to the State of Illinois  or the Department of Natural 
Resources, as a party, concerning the property described in the 
respective Section of this Act in the case of: Ag Farms, Inc. 
v. American Premier Underwriters and the Illinois Department of 
Natural Resources (2002-MR-6) in Moultrie County; or Hemingway 
v. American Premier Underwriters the Illinois Department of 
Natural Resources (97-MR-5) in Douglas County, then  the entity 
designated to receive real property described in that Section 
shall receive, within 60 days after the conclusion of that 
litigation as to that parcel of property, from the Department 
of Natural Resources a written notice of first refusal to 
receive that property upon the conclusion, as to that parcel of 
property, of that litigation if the entity designated to 
receive real property described in that Section gives  written 
notice to the Director of the Department of Natural Resources 
that the entity  will accept the described real property as 
grantee and will tender the consideration of $1.00;  provided 
that the conveyance is made subject to existing public 
utilities, existing public roads, and any and all reservations, 
easements, encumbrances, covenants and restrictions of record.
    (c)  Notwithstanding other provisions of this Act, for each 
Section, the parcel of real property described in that  Section 
shall not be conveyed so long as there is pending any 
litigation concerning the ownership of that parcel of property.
 
    Section 55. The Director of Natural Resources shall obtain 
a certified copy of the portions of this Act containing the 
title, the enacting clause, the restrictions and conditions on 
the property to be conveyed, the effective date, the 
appropriate Section containing the land description of the 
property to be conveyed, and this Section, within 60 days after 
the entity designated as the grantee of  the real property 
described in the appropriate  Section has delivered a written 
notice to the Director of Natural Resources that states that 
the entity  will accept the described property as grantee and 
will pay the consideration of $1.00 and, upon receipt of the 
payment required by the Section, shall record the certified 
document in the Recorder's Office in the County in which the 
land is located.
 

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





Effective Date:  8/11/2009











  

    

      

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