Public Act 90-0581 of the 90th General Assembly
Public Act 90-0581
HB3202 Enrolled LRB9010681DJpc
AN ACT to amend the Code of Civil Procedure by changing
Section 7-103.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Civil Procedure is amended by
changing Section 7-103 as follows:
(735 ILCS 5/7-103) (from Ch. 110, par. 7-103)
Sec. 7-103. "Quick-take". This Section applies only to
proceedings under this Article:
(1) by the State of Illinois, the Illinois Toll
Highway Authority or the St. Louis Metropolitan Area
Airport Authority for the acquisition of land or
interests therein for highway purposes;
(2) (blank);
(3) by the Department of Commerce and Community
Affairs for the purpose specified in the Illinois Coal
Development Bond Act;
(4) (blank);
(5) for the purpose specified in the St. Louis
Metropolitan Area Airport Authority Act;
(6) for a period of 24 months after May 24, 1996,
by the Southwestern Illinois Development Authority
pursuant to the Southwestern Illinois Development
Authority Act;
(7) for a period of 3 years after December 30,
1987, by the Quad Cities Regional Economic Development
Authority (except for the acquisition of land or
interests therein that is farmland, or upon which is
situated a farm dwelling and appurtenant structures, or
upon which is situated a residence, or which is wholly
within an area that is zoned for residential use)
pursuant to the Quad Cities Regional Economic Development
Authority Act;
(8) by a sanitary district created under the
Metropolitan Water Reclamation District Act for the
acquisition of land or interests therein for purposes
specified in that Act;
(9) by a rail carrier within the time limitations
and subject to the terms and conditions set forth in
Section 18c-7501 of the Illinois Vehicle Code;
(10) for a period of 18 months after January 26,
1987, for the purpose specified in Division 135 of
Article 11 of the Illinois Municipal Code, by a
commission created under Section 2 of the Water
Commission Act of 1985;
(11) by a village containing a population of less
than 15,000 for the purpose of acquiring property to be
used for a refuse derived fuel system designed to
generate steam and electricity, and for industrial
development that will utilize such steam and electricity,
pursuant to Section 11-19-10 of the Illinois Municipal
Code;
(12) after receiving the prior approval of the City
Council, by a municipality having a population of more
than 500,000 for the purposes set forth in Section
11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
Illinois Municipal Code, and for the same purposes when
established pursuant to home rule powers;
(13) by a home rule municipality, after a public
hearing held by the corporate authorities or by a
committee of the corporate authorities and after approval
by a majority of the corporate authorities, within an
area designated as an enterprise zone by the municipality
under the Illinois Enterprise Zone Act;
(14) by the Illinois Sports Facilities Authority
for the purpose specified in Section 12 of the Illinois
Sports Facilities Authority Act;
(15) by a municipality having a population of more
than 2,000,000 for the purpose of acquiring the property
described in Section 3 of the Sports Stadium Act;
(16) for a period of 18 months after July 29, 1986,
in any proceeding by the Board of Trustees of the
University of Illinois for the acquisition of land in
Champaign County or interests therein as a site for a
building or for any educational purpose;
(17) for a period of 2 years after July 1, 1990, by
a home rule municipality and a county board, upon
approval of a majority of the corporate authorities of
both the county board and the municipality, within an
area designated as an enterprise zone by the municipality
and the county board through an intergovernmental
agreement under the Illinois Enterprise Zone Act, when
the purpose of the condemnation proceeding is to acquire
land for the construction of an industrial harbor port,
and when the total amount of land to be acquired for that
purpose is less than 75 acres and is adjacent to the
Illinois River;
(18) by an airport authority located solely within
the boundaries of Madison County, Illinois, and which is
organized pursuant to the provisions of the Airport
Authorities Act, (i) for the acquisition of 160 acres, or
less, of land or interests therein for the purposes
specified in that Act which may be necessary to extend,
mark, and light runway 11/29 for a distance of 1600 feet
in length by 100 feet in width with parallel taxiway, to
relocate and mark County Highway 19, Madison County,
known as Moreland Road, to relocate the instrument
landing system including the approach lighting system and
to construct associated drainage, fencing and seeding
required for the foregoing project and (ii) for a period
of 6 months after December 28, 1989, for the acquisition
of 75 acres, or less, of land or interests therein for
the purposes specified in that Act which may be necessary
to extend, mark and light the south end of runway 17/35
at such airport;
(19) by any unit of local government for a
permanent easement for the purpose of maintaining,
dredging or cleaning the Little Calumet River;
(20) by any unit of local government for a
permanent easement for the purpose of maintaining,
dredging or cleaning the Salt Creek in DuPage County;
(21) by St. Clair County, Illinois, for the
development of a joint use facility at Scott Air Force
Base;
(22) by the Village of Summit, Illinois, to acquire
land for a waste to energy plant;
(23) for a period of 15 months after September 7,
1990, by the Department of Transportation or by any unit
of local government under the terms of an
intergovernmental cooperation agreement between the
Department of Transportation and the unit of local
government for the purpose of developing aviation
facilities in and around Chanute Air Force Base in
Champaign County, Illinois;
(24) for a period of 1 year after December 12,
1990, by the City of Morris for the development of the
Morris Municipal Airport;
(25) for a period of 1 year after June 19, 1991, by
the Greater Rockford Airport Authority for airport
expansion purposes;
(26) for a period of 24 months after June 30, 1991,
by the City of Aurora for completion of an instrument
landing system and construction of an east-west runway at
the Aurora Municipal Airport;
(27) for the acquisition by the Metropolitan Pier
and Exposition Authority of property described in
subsection (f) of Section 5 of the Metropolitan Pier and
Exposition Authority Act for the purposes of providing
additional grounds, buildings, and facilities related to
the purposes of the Metropolitan Pier and Exposition
Authority;
(28) for a period of 24 months after March 1, 1992,
by the Village of Wheeling and the City of Prospect
Heights, owners of the Palwaukee Municipal Airport, to
allow for the acquisition of right of way to complete the
realignment of Hintz Road and Wolf Road;
(29) for a period of one year from the effective
date of this amendatory Act of 1992, by the
Bloomington-Normal Airport Authority for airport
expansion purposes;
(30) for a period of 24 months after September 10,
1993, by the Cook County Highway Department and Lake
County Department of Transportation to allow for the
acquisition of necessary right-of-way for construction of
underpasses for Lake-Cook Road at the Chicago
Northwestern Railroad crossing, west of Skokie Boulevard,
and the Chicago, Milwaukee, St. Paul and Pacific Railroad
crossing, west of Waukegan Road;
(31) for a period of one year after December 23,
1993, by the City of Arcola and the City of Tuscola for
the development of the Arcola/Tuscola Water Transmission
Pipeline Project pursuant to the intergovernmental
agreement between the City of Arcola and the City of
Tuscola;
(32) for a period of 24 months from December 23,
1993, by the Village of Bensenville for the acquisition
of property bounded by Illinois Route 83 to the west and
O'Hare International Airport to the east to complete a
flood control project known as the Bensenville Ditch;
(33) for a period of 9 months after November 1,
1993, by the Medical Center Commission for the purpose of
acquiring a site for the Illinois State Police Forensic
Science Laboratory at Chicago, on the block bounded by
Roosevelt Road on the north, Wolcott Street on the east,
Washburn Street on the south, and Damen Avenue on the
west in Chicago, Illinois;
(34) for a period of 36 months after July 14, 1995,
by White County for the acquisition of a 3 1/2 mile
section of Bellaire Road, which is described as follows:
Commencing at the Northwest Corner of the Southeast 1/4
of Section 28, Township 6 South, Range 10 East of the 3rd
Principal Meridian; thence South to a point at the
Southwest Corner of the Southeast 1/4 of Section 9,
Township 7 South, Range 10 East of the 3rd Principal
Meridian;
(35) for a period of one year after July 14, 1995,
by the City of Aurora for permanent and temporary
easements except over land adjacent to Indian Creek and
west of Selmarten Creek located within the City of Aurora
for the construction of Phase II of the Indian Creek
Flood Control Project;
(35.1) for a period beginning June 24, 1995 (the
day following the effective date of Public Act 89-29) and
ending on July 13, 1995 (the day preceding the effective
date of Public Act 89-134), by the City of Aurora for
permanent and temporary easements for the construction of
Phase II of the Indian Creek Flood Control Project;
(36) for a period of 3 years from July 14, 1995, by
the Grand Avenue Railroad Relocation Authority for the
Grand Avenue Railroad Grade Separation Project within the
Village of Franklin Park, Illinois;
(37) for a period of 3 years after July 14, 1995,
by the Village of Romeoville for the acquisition of
rights-of-way for the 135th Street Bridge Project, lying
within the South 1/2 of Section 34, Township 37 North,
Range 10 East and the South 1/2 of Section 35, Township
37 North, Range 10 East of the Third Principal Meridian,
and the North 1/2 of Section 2, Township 36 North, Range
10 East and the North 1/2 of Section 3, Township 36
North, Range 10 East of the 3rd Principal Meridian, in
Will County, Illinois;
(37.1) for a period of 3 years after June 23, 1995,
by the Illinois Department of Transportation for the
acquisition of rights-of-way for the 135th Street Bridge
Project between the Des Plaines River and New Avenue
lying within the South 1/2 of Section 35, Township 37
North, Range 10 East of the Third Principal Meridian and
the North 1/2 of Section 2, Township 36 North, Range 10
East of the 3rd Principal Meridian, in Will County,
Illinois;
(38) for a period beginning June 24, 1995 (the day
after the effective date of Public Act 89-29) and ending
18 months after July 14, 1995 (the effective date of
Public Act 89-134), by the Anna-Jonesboro Water
Commission for the acquisition of land and easements for
improvements to its water treatment and storage
facilities and water transmission pipes;
(39) for a period of 36 months after July 14, 1995,
by the City of Effingham for the acquisition of property
which is described as follows:
Tract 1:
Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
thereof recorded in Book "K", Page 769, in the Recorder's
Office of Effingham County), situated in the City of
Effingham, County of Effingham and State of Illinois.
Tract 2:
The alley lying South and adjoining Tract 1, as
vacated by Ordinance recorded on July 28, 1937 in Book
183, Page 465, and all right, title and interest in and
to said alley as established by the Contract for Easement
recorded on August 4, 1937 in Book 183, Page 472;
(40) for a period of one year after July 14, 1995,
by the Village of Palatine for the acquisition of
property located along the south side of Dundee Road
between Rand Road and Hicks Road for redevelopment
purposes;
(41) for a period of 6 years after July 1, 1995,
for the acquisition by the Medical Center District of
property described in Section 3 of the Illinois Medical
District Act within the District Development Area as
described in Section 4 of that Act for the purposes set
forth in that Act;
(41.5) for a period of 24 months after June 21,
1996 by the City of Effingham, Illinois for acquisition
of property for the South Raney Street Improvement
Project Phase I;
(42) for a period of 3 years after June 21, 1996,
by the Village of Deerfield for the acquisition of
territory within the Deerfield Village Center, as
designated as of that date by the Deerfield Comprehensive
Plan, with the exception of that area north of Jewett
Park Drive (extended) between Waukegan Road and the
Milwaukee Railroad Tracks, for redevelopment purposes;
(43) for a period of 12 months after June 21, 1996,
by the City of Harvard for the acquisition of property
lying west of Harvard Hills Road of sufficient size to
widen the Harvard Hills Road right of way and to install
and maintain city utility services not more than 200 feet
west of the center line of Harvard Hills Road;
(44) for a period of 5 years after June 21, 1996,
by the Village of River Forest, Illinois, within the area
designated as a tax increment financing district when the
purpose of the condemnation proceeding is to acquire land
for any of the purposes contained in the River Forest Tax
Increment Financing Plan or authorized by the Tax
Increment Allocation Redevelopment Act, provided that
condemnation of any property zoned and used exclusively
for residential purposes shall be prohibited;
(45) for a period of 18 months after June 28, 1996,
by the Village of Schaumburg for the acquisition of land,
easements, and aviation easements for the purpose of a
public airport in Cook and DuPage Counties; provided that
if any proceedings under the provisions of this Article
are pending on that date, "quick-take" may be utilized by
the Village of Schaumburg;
(46) for a period of one year after June 28, 1996,
by the City of Pinckneyville for the acquisition of land
and easements to provide for improvements to its water
treatment and storage facilities and water transmission
pipes, and for the construction of a sewerage treatment
facility and sewerage transmission pipes to serve the
Illinois Department of Corrections Pinckneyville
Correctional Facility;
(47) for a period of 6 months after June 28, 1996,
by the City of Streator for the acquisition of property
described as follows for a first flush basin sanitary
sewer system:
Tract 5: That part of lots 20 and 21 in Block
6 in Moore and Plumb's addition to the city of
Streator, Illinois, lying south of the right of way
of the switch track of the Norfolk and Western
Railroad (now abandoned) in the county of LaSalle,
state of Illinois;
Tract 6: That part of lots 30, 31 and 32 in
Block 7 in Moore and Plumb's Addition to the city of
Streator, Illinois, lying north of the centerline of
Coal Run Creek and south of the right of way of the
switch track of the Norfolk and Western Railroad
(now abandoned) in the county of LaSalle, state of
Illinois;
(48) for a period of 36 months after January 16,
1997, by the Bi-State Development Agency of the
Missouri-Illinois Metropolitan District for the
acquisition of rights of way and related property
necessary for the construction and operation of the
MetroLink Light Rail System, beginning in East St. Louis,
Illinois, and terminating at Mid America Airport, St.
Clair County, Illinois;
(49) for a period of 2 years after January 16,
1997, by the Village of Schaumburg for the acquisition of
rights-of-way, permanent easements, and temporary
easements for the purpose of improving the Roselle
Road/Illinois Route 58/Illinois Route 72 corridor,
including rights-of-way along Roselle Road, Remington
Road, Valley Lake Drive, State Parkway, Commerce Drive,
Kristin Circle, and Hillcrest Boulevard, a permanent
easement along Roselle Road, and temporary easements
along Roselle Road, State Parkway, Valley Lake Drive,
Commerce Drive, Kristin Circle, and Hillcrest Boulevard,
in Cook County;
(50) (blank);
(51) for a period of 12 months after July 25, 1997
the effective date of this amendatory Act of 1997, by the
Village of Bloomingdale for utility relocations
necessitated by the Lake Street Improvement Project on
Lake Street between Glen Ellyn Road and Springfield Drive
in the Village of Bloomingdale;
(52) for a period of 36 months after July 25, 1997
the effective date of this amendatory Act of 1997, by the
City of Freeport, owners of the Freeport Albertus
Municipal Airport, to allow for acquisition of any land,
rights, or other property lying between East Lamm Road
and East Borchers Road to complete realignment of South
Hollywood Road and to establish the necessary runway
safety zone in accordance with Federal Aviation
Administration and Illinois Department of Transportation
design criteria;
(53) for a period of 3 years after July 1, 1997, by
the Village of Elmwood Park to be used only for the
acquisition of commercially zoned property within the
area designated as the Tax Increment Redevelopment
Project Area by ordinance passed and approved on December
15, 1986, as well as to be used only for the acquisition
of commercially zoned property located at the northwest
corner of North Avenue and Harlem Avenue and commercially
zoned property located at the southwest corner of Harlem
Avenue and Armitage Avenue for redevelopment purposes, as
set forth in Division 74.3 of Article 11 of the Illinois
Municipal Code;
(54) for a period of 3 years after July 25, 1997
the effective date of this amendatory Act of 1997, by the
Village of Oak Park for the acquisition of property
located along the south side of North Avenue between
Austin Boulevard and Harlem Avenue or along the north and
south side of Harrison Street between Austin Boulevard
and Elmwood Avenue, not including residentially zoned
properties within these areas, for commercial
redevelopment goals;.
(54.1) (53) for a period of 3 years after August
14, 1997 the effective date of this amendatory Act of
1997, by the Village of Oak Park for the acquisition of
property within the areas designated as the Greater
Downtown Area Tax Increment Financing District, the
Harlem/Garfield Tax Increment Financing District, and the
Madison Street Tax Increment Financing District, not
including residentially zoned properties within these
areas, for commercial redevelopment goals;
(54.2) (54) for a period of 3 years after August
14, 1997 the effective date of this amendatory Act of
1997, by the Village of Oak Park for the acquisition of
property within the areas designated as the North Avenue
Commercial Strip and the Harrison Street Business Area,
not including residentially zoned properties within these
areas, for commercial redevelopment goals;
(55) (51) for a period of 3 years after August 14,
1997 the effective date of this amendatory Act of 1997 by
the Village of Morton Grove, within the area designated
as the Waukegan Road Tax Increment Financing District to
be used only for acquiring commercially zoned properties
located on Waukegan Road for tax increment redevelopment
projects contained in the redevelopment plan for the
area;
(56) (52) For a period of 2 years after August 14,
1997 the effective date of this amendatory Act of 1997,
by the Village of Rosemont for the acquisition of the
property described as Tract 1, and the acquisition of any
leasehold interest of the property described as Tract 2,
both described as follows:
Tract 1
PARCEL 1:
THAT PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP
41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF A LINE 50.00 FEET, AS
MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE
SOUTH LINE OF SAID SOUTHWEST 1/4 WITH A LINE 484.69
FEET, AS MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL
WITH THE WEST LINE OF SAID SOUTHWEST 1/4 (THE WEST LINE
OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF NORTH
00 DEGREES 00 MINUTES 00 SECONDS EAST FOR THIS LEGAL
DESCRIPTION); THENCE NORTH 00 DEGREES 00 MINUTES 00
SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE,
427.26 FEET TO A POINT FOR A PLACE OF BEGINNING; THENCE
CONTINUING NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST
ALONG SAID LAST DESCRIBED PARALLEL LINE, 251.92 FEET;
THENCE NORTH 45 DEGREES 00 MINUTES 00 SECONDS EAST,
32.53 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00
SECONDS EAST, 53.70 FEET; THENCE SOUTH 72 DEGREES 34
MINUTES 18 SECONDS EAST, 149.63 FEET; THENCE SOUTH 00
DEGREES 00 MINUTES 00 SECONDS WEST, 230.11 FEET; THENCE
SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 219.46 FEET,
TO THE POINT OF BEGINNING IN COOK COUNTY, ILLINOIS.
PARCEL 2:
THAT PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP
41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF A LINE 50.00 FEET, AS
MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE
SOUTH LINE OF SAID SOUTHWEST 1/4 WITH A LINE 484.69
FEET, AS MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL
WITH THE WEST LINE OF SAID SOUTHWEST 1/4 (THE WEST LINE
OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF NORTH
00 DEGREES, 00 MINUTES, 00 SECONDS EAST FOR THIS LEGAL
DESCRIPTION); THENCE NORTH 00 DEGREES, 00 MINUTES, 00
SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE,
153.00 FEET; THENCE NORTH 90 DEGREES, 00 MINUTES, 00
SECONDS EAST, 89.18 FEET; THENCE NORTH 00 DEGREES, 00
MINUTES, 00 SECONDS EAST, 48.68 FEET; THENCE NORTH 90
DEGREES, 00 MINUTES, 00 SECONDS EAST, 43.53 FEET; THENCE
SOUTH 00 DEGREES, 00 MINUTES, 00 SECONDS EAST, 8.00 FEET;
THENCE NORTH 90 DEGREES, 00 MINUTES, 00 SECONDS EAST,
44.23 FEET; THENCE NORTH 45 DEGREES, 00 MINUTES, 00
SECONDS EAST, 60.13 FEET; THENCE NORTH 00 DEGREES, 00
MINUTES, 00 SECONDS EAST, 141.06 FEET TO A POINT FOR A
PLACE OF BEGINNING, SAID POINT BEING 447.18 FEET NORTH
AND 704.15 FEET EAST OF THE SOUTHWEST CORNER OF THE
SOUTHWEST 1/4 OF SAID SECTION 33, AS MEASURED ALONG THE
WEST LINE OF SAID SOUTHWEST 1/4 AND ALONG A LINE AT RIGHT
ANGLES THERETO; THENCE NORTH 00 DEGREES, 00 MINUTES, 00
SECONDS EAST, 280.11 FEET; THENCE NORTH 72 DEGREES, 34
MINUTES, 18 SECONDS WEST, 149.63 FEET; THENCE SOUTH 90
DEGREES, 00 MINUTES, 00 SECONDS WEST, 53.70 FEET; THENCE
SOUTH 45 DEGREES, 00 MINUTES, 00 SECONDS WEST, 32.53 FEET
TO A POINT ON A LINE 484.69 FEET, AS MEASURED AT RIGHT
ANGLES, EAST OF AND PARALLEL WITH THE WEST LINE OF SAID
SOUTHWEST 1/4, SAID POINT BEING 679.18 FEET, AS MEASURED
ALONG SAID PARALLEL LINE, NORTH OF THE AFOREDESCRIBED
POINT OF COMMENCEMENT; THENCE NORTH 00 DEGREES, 00
MINUTES, 00 SECONDS EAST ALONG SAID LAST DESCRIBED
PARALLEL LINE, 158.10 FEET; THENCE NORTH 39 DEGREES, 39
MINUTES, 24 SECONDS EAST, 27.09 FEET TO AN INTERSECTION
WITH THE SOUTHERLY LINE OF HIGGINS ROAD, BEING A LINE
50.00 FEET, AS MEASURED AT RIGHT ANGLES, SOUTHERLY OF
AND PARALLEL WITH THE CENTER LINE OF SAID ROAD; THENCE
SOUTH 72 DEGREES, 34 MINUTES, 18 SECONDS EAST ALONG SAID
LAST DESCRIBED SOUTHERLY LINE, 382.55 FEET TO AN
INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF THE
MINNEAPOLIS, ST. PAUL AND SAULT STE. MARIE RAILROAD
(FORMERLY THE CHICAGO AND WISCONSIN RAILROAD); THENCE
SOUTH 14 DEGREES, 51 MINUTES, 36 SECONDS EAST ALONG SAID
LAST DESCRIBED WESTERLY LINE, 378.97 FEET; THENCE SOUTH
90 DEGREES, 00 MINUTES, 00 SECONDS WEST, 260.00 FEET TO
THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS.
Generally comprising approximately 3.8 acres along
the south side of Higgins Road, East of Mannheim Road.
Tract 2
PARCEL 1:
Any leasehold interest of any portion of the
property legally described as follows:
THAT PART OF THE EAST 8 ACRES OF LOT 2 IN FREDERICK
JOSS'S JOSS92S DIVISION OF LAND IN SECTION 9, TOWNSHIP 40
NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN
(EXCEPT THE NORTH 500 FEET THEREOF AS MEASURED ON THE
EAST LINE) LYING EASTERLY OF THE FOLLOWING DESCRIBED
LINE: BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT
2, 19.07 FEET WEST OF THE NORTHEAST CORNER THEREOF;
THENCE SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 73
DEGREES 46 MINUTES 40 SECONDS (AS MEASURED FROM WEST TO
SOUTHWEST) WITH THE AFORESAID NORTH LINE OF LOT 2, A
DISTANCE OF 626.69 FEET TO A POINT; THENCE SOUTHEASTERLY
ALONG A LINE FORMING AN ANGLE OF 20 DEGREES 58 MINUTES
25 SECONDS (AS MEASURED TO THE LEFT) WITH A PROLONGATION
OF THE LAST DESCRIBED COURSE A DISTANCE OF 721.92 FEET
TO A POINT IN THE SOUTH LINE OF SAID LOT WHICH IS 85.31
FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 2,
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PREMISES:
THE SOUTH 50 FEET OF LOT 2 LYING EAST OF THE FOLLOWING
DESCRIBED LINE; BEGINNING AT A POINT IN THE SOUTH LINE
OF LOT 2, WHICH IS 85.31 FEET WEST OF THE SOUTHEAST
CORNER OF SAID LOT; THENCE NORTHERLY ON A LINE WHICH
FORMS AN ANGLE OF 85 DEGREES 13 MINUTES 25 SECONDS IN
THE NORTHWEST 1/4 WITH SAID LAST DESCRIBED LINE IN
FREDERICK JOSS'S JOSS92S DIVISION OF LANDS IN THE
NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 40 NORTH, RANGE 12
EAST OF THE THIRD PRINCIPAL MERIDIAN.
PARCEL 2:
Plus any rights of ingress and egress which the said
holder of the leasehold interest may have pursuant to
the following described easement:
GRANT OF EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED
BY GRANT FROM FRACAP SHEET METAL MANUFACTURING COMPANY,
INC. TO JUNE WEBER POLLY DATED NOVEMBER 16, 1970 AND
RECORDED APRIL 7, 1971 AS DOCUMENT 21442818 FOR
PASSAGEWAY OVER THE EAST 20 FEET AS MEASURED AT RIGHT
ANGLES TO THE EAST LINE THEREOF OF THE NORTH 500 FEET OF
THAT PART OF THE EAST 8 ACRES OF LOT 2 IN FREDERICK
JOSS'S JOSS92S DIVISION OF LAND IN SECTION 9, TOWNSHIP
40 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN,
LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 2,
19.07 FEET WEST OF THE NORTHEAST CORNER THEREOF; THENCE
SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 73
DEGREES 46 MINUTES 40 SECONDS (AS MEASURED FROM WEST TO
SOUTHWEST) WITH THE AFORESAID NORTH LINE OF LOT 2, A
DISTANCE OF 626.69 FEET TO A POINT; THENCE SOUTHEASTERLY
ALONG A LINE FORMING AN ANGLE OF 20 DEGREES 58 MINUTES
25 SECONDS (AS MEASURED TO THE LEFT) WITH A PROLONGATION
OF THE LAST DESCRIBED COURSE A DISTANCE OF 721.92 FEET
TO A POINT IN THE SOUTH LINE OF SAID LOT 2, WHICH IS
85.31 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 2,
IN COOK COUNTY, ILLINOIS;
(57) (55) for a period of 24 months from August 14,
1997 the effective date of this amendatory Act of 1997,
by the City of Champaign for the acquisition of land and
easements in and adjacent to the City of Champaign for
the improvement of Windsor Road and Duncan Road and for
the construction of the Boneyard Creek Improvement
Project;.
(58) for a period from the effective date of this
amendatory Act of 1998 to August 30, 2000, by the
Southwestern Illinois Development Authority pursuant to
the Southwestern Illinois Development Authority Act for a
project as defined in Section 3 of that Act.
In a proceeding subject to this Section, the plaintiff,
at any time after the complaint has been filed and before
judgment is entered in the proceeding, may file a written
motion requesting that, immediately or at some specified
later date, the plaintiff either be vested with the fee
simple title (or such lesser estate, interest or easement, as
may be required) to the real property, or specified portion
thereof, which is the subject of the proceeding, and be
authorized to take possession of and use such property; or
only be authorized to take possession of and to use such
property, if such possession and use, without the vesting of
title, are sufficient to permit the plaintiff to proceed with
the project until the final ascertainment of compensation;
however, no land or interests therein now or hereafter owned,
leased, controlled or operated and used by, or necessary for
the actual operation of, any common carrier engaged in
interstate commerce, or any other public utility subject to
the jurisdiction of the Illinois Commerce Commission, shall
be taken or appropriated hereunder by the State of Illinois,
the Illinois Toll Highway Authority, the sanitary district,
the St. Louis Metropolitan Area Airport Authority or the
Board of Trustees of the University of Illinois without first
securing the approval of such Commission.
Except as hereinafter stated, the motion for taking shall
state: (1) an accurate description of the property to which
the motion relates and the estate or interest sought to be
acquired therein; (2) the formally adopted schedule or plan
of operation for the execution of the plaintiff's project;
(3) the situation of the property to which the motion
relates, with respect to the schedule or plan; (4) the
necessity for taking such property in the manner requested in
the motion; and (5) if the property (except property
described in Section 3 of the Sports Stadium Act, or property
described as Site B in Section 2 of the Metropolitan Pier and
Exposition Authority Act) to be taken is owned, leased,
controlled or operated and used by, or necessary for the
actual operation of, any interstate common carrier or other
public utility subject to the jurisdiction of the Illinois
Commerce Commission, a statement to the effect that the
approval of such proposed taking has been secured from such
Commission, and attaching to such motion a certified copy of
the order of such Commission granting such approval. If the
schedule or plan of operation is not set forth fully in the
motion, a copy of such schedule or plan shall be attached to
the motion.
(Source: P.A. 89-29, eff. 6-23-95; 89-134, eff. 7-14-95;
89-343, eff. 8-17-95; 89-356, eff. 8-17-95; 89-445, eff.
2-7-96; 89-460, eff. 5-24-96; 89-494, eff. 6-21-96; 89-502,
eff. 6-28-96; 89-504, eff. 6-28-96; 89-592, eff. 8-1-96;
89-626, eff. 8-9-96; 89-683, eff. 6-1-97; 89-699, eff.
1-16-97; 90-6, eff. 6-3-97; 90-14, eff. 7-1-97; 90-232, eff.
7-25-97; 90-370, eff. 8-14-97; revised 9-29-97.)
Section 99. Effective date. This Act takes effect upon
becoming law.