Public Act 103-0173
 
HB2963 EnrolledLRB103 26083 RLC 52438 b


  
    AN ACT concerning conservation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. "An Act in relation to conservation", approved 
December 24,
1992, Public Act 87-1243, as amended by Public 
Act 88-468, is
amended by changing Section 3 as follows:

 
    (Public Act 87-1243, Section 3)

    Sec. 3. In consideration of the conveyance of the real

property described in Section 2 of this Act, the Dixon Park

District shall covenant and agree with the State of Illinois 
as
follows:


    (a) The Dixon Park District agrees that it shall restore

indigenous vegetation in all areas previously cleared for

development or agriculture purposes which fall within a
300 
foot wide scenic buffer paralleling the Southwesterly bank
of 
the Rock River for the entire length of the real
property 
conveyed, and said Park District further agrees
that all 
future development within said 300 foot scenic buffer
shall be 
limited to hiking trails and bank fishing.


    (b) The Dixon Park District agrees that it shall eliminate

and prohibit all equestrian activities on the real
property 
conveyed.


    (c) The Dixon Park District agrees to exclude all 
development
on the wooded area, containing 80 acres more or 
less,
located at or near the Northwesterly portion of the real

property conveyed.


    (d) The Dixon Park District agrees that if it shall cease 
to
use the real property conveyed, for public recreation,
park 
or conservation purposes proposes, then the title to such
real 
property shall revert to the State of Illinois,
Department of 
Natural Resources. As used in this Section, "Department" means 
the Department of Natural Resources Conservation.


    (e) The above covenants shall run with the land and shall 
be
binding upon the Grantee, its successors and assigns in

perpetuity.


    On and after August 31, 1993 (the effective date of Public 
Act 88-468) this amendatory Act of 1993, the Grantor
expressly 
waives its right to enforce the covenant described in item (b) 
and
expressly releases the Grantee in perpetuity from any 
obligations imposed upon
it by the covenant described in item 
(b).



    (f) Notwithstanding any other provision in this Section, 
the Dixon Park District is authorized to install and operate 
solar panels, to create all necessary ingress and egress, to 
construct any necessary connections to the electric grid, and 
to conduct any other necessary activities for the development 
and operation of a solar electric generation facility, which 
for the purposes of this Section is referred to as "Solar 
Facility", on the property described and under the conditions 
set forth in this subsection (f). The property authorized for 
the location of the Solar Facility, which for the purposes of 
this Section is referred to as "Solar Site",  is the following 
described real estate and any additional real estate within 
the property described in Section 2 of this Act approved in 
writing by the Department: 
    Part of the Southwest Quarter (SW1/4) of Section 
    Twenty-eight (28), Township Twenty-two (22) North, Range 
    Nine (9) East of the Fourth (4th) Principal Meridian, Lee 
    County, Illinois, described as follows:
    Commencing at the northwest corner of said Southwest 
    Quarter (SW1/4) of said Section Twenty-eight (28); thence 
    North 89 degrees 03 minutes 47 seconds East, along the 
    north line of said Southwest Quarter (SW1/4), a distance 
    of 294.00 to the Point of Beginning; thence North 89 
    degrees 03 minutes 47 seconds East, continuing along said 
    north line, a distance of 735.04 feet to the former 
    westerly right-of-way line of the railroad; thence South 0 
    degrees 32 minutes 28 seconds East, along said westerly 
    right-of-way line, a distance of 673.54 feet; thence 
    continuing along said westerly right-of-way line and along 
    the arc of a curve to the right having a radius of 3,769.83 
    feet, a chord bearing of South 9 degrees 45 minutes 04 
    seconds West, an arc length of 1,354.37 feet; thence South 
    89 degrees 26 minutes 02 seconds West, a distance of 
    449.11 feet to the east line of an existing 16.71 acre 
    tract; thence North 0 degrees 41 minutes 22 seconds East, 
    along the said east line, a distance of 630.00 feet to the 
    northeast corner of said 16.71 acre tract; thence North 89 
    degrees 18 minutes 38 seconds West, along the north line 
    of said 16.71 acre tract, a distance of 378.39 feet to the 
    west line of aforementioned Southwest Quarter (SW1/4); 
    thence North 0 degrees 32 minutes 24 seconds East, along 
    said west line, a distance of 1,082.30 feet; thence North 
    89 degrees 03 minutes 47 seconds East, a distance of 
    294.00 feet; thence North 0 degrees 32 minutes 24 seconds 
    East, a distance of 272.00 feet to the Point of Beginning, 
    containing 38.259 acres, more or less. 
    The Dixon Park District is authorized to develop and 
operate the Solar Facility under the following conditions:
        (1) the Dixon Park District shall develop and operate 
    the Solar Facility in a manner to minimize environmental 
    impacts on the Solar Site and all of the real property 
    described in Section 2 of this Act;
        (2) the Dixon Park District shall provide the 
    Department with all plans for the development of the Solar 
    Facility, engage in consultation with the Department, and 
    implement the recommendations of the Department before 
    beginning any construction or development activity; 
        (3) the Dixon Park District shall operate the Solar 
    Facility consistent with all applicable laws and 
    regulations, with public safety, with environmental 
    protection, and to the Department's satisfaction, as 
    determined solely by the Department; 
        (4) the Dixon Park District shall operate the Solar 
    Facility as a pollinator-friendly solar site in compliance 
    with the Pollinator-Friendly Solar Site Act; 
        (5) if the Dixon Park District ceases to use the Solar 
    Site as a Solar Facility, the Dixon Park District shall 
    immediately remove all Solar Facility equipment and 
    improvements and restore the Solar Site to its previous 
    condition to the Department's sole satisfaction and, 
    thereafter, use the property only for public recreation, 
    park, or conservation purposes; and
        (6) if the Dixon Park District violates any of the 
    conditions set forth in this subsection (f), title to the 
    Solar Site and all of the real property described in 
    Section 2 of this Act shall revert to the State of 
    Illinois, Department of Natural Resources.
    (g) To implement the requirement to covenant and agree 
with the State on the requirements set forth in Section 2, the 
Dixon Park District shall execute an amendment to the 
quitclaim deed dated December 8, 1993 and recorded January 11, 
1994 in Book 9401 of Deeds at Page 0711 in the Recorder's 
Office of Lee County, Illinois, which shall be prepared by the 
Department to implement said requirements. The authorization 
for the Dixon Park District to develop and operate the Solar 
Facility provided in subsection (f) shall not become effective 
until the amended quitclaim deed is fully executed by the 
Dixon Park District and properly recorded in the Lee County 
Recorder's Office. 
(Source: P.A. 88-468, eff. 8-31-93.)
 

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