Public Act 0316 96TH GENERAL ASSEMBLY

HB4075 Enrolled LRB096 04448 AJO 22486 b

Public Act 096-0316

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.