Public Act 094-0610
 		





SB2038 Enrolled
LRB094 07264 WGH 37420 b






    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