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| Public Act 103-0173 | ||||
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AN ACT concerning conservation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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:
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(Public Act 87-1243, Section 3)
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Sec. 3. In consideration of the conveyance of the real
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property described in Section 2 of this Act, the Dixon Park
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District shall covenant and agree with the State of Illinois | ||||
as
follows:
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(a) The Dixon Park District agrees that it shall restore
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indigenous vegetation in all areas previously cleared for
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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.
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(b) The Dixon Park District agrees that it shall eliminate
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and prohibit all equestrian activities on the real
property | ||||
conveyed.
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(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
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property conveyed.
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(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.
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(e) The above covenants shall run with the land and shall | ||
be
binding upon the Grantee, its successors and assigns in
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perpetuity.
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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).
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(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.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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