HB0770 100TH GENERAL ASSEMBLY

LRB100 08390 HEP 18502 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0770

Introduced , by Rep. Barbara Wheeler

SYNOPSIS AS INTRODUCED:

Authorizes the Department of Natural Resources to convey, in exchange for $1, certain real estate in McHenry County to the Fox Waterway Agency. Provides that the conveyance is subject to: (1) existing public utilities, existing public roads, and any and all reservations, easements, encumbrances, covenants, and restrictions of record; and (2) the express condition that any proceeds from the sale of the real property shall be utilized for the purchase and development of an alternate dredge material disposal site or sites. Authorizes the Director of Natural Resources to exchange described parcels of real estate in Lake County for another parcel of described real estate in Lake County. Effective immediately.

A BILL FOR

AN ACT concerning property.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Director of the Department of Natural Resources, on behalf of the State of Illinois, is authorized to execute and deliver to the Fox Waterway Agency, a special-purpose unit of local government organized and existing under the laws of this State, for and in consideration of $1 paid to the Department, a quit claim deed to the following described real property:

Site R-15 A tract conveyed to the State of Illinois, Department of Transportation, Division of Water Resources (now Department of Natural Resources) by Document No. 91R016102, dated May 9, 1991 in County of McHenry, State of Illinois, description as follows:

That part of the Northeast fraction of the Northwest Quarter (on the East bank of the Fox River) of Section 32, Township 44 North, Range 9 East of the Third Principal Meridian, described as follows: Beginning at the Northeast corner of said Northwest Quarter and running thence South along the East line thereof for a distance of 200 feet to a point; thence West parallel with the North line of said Northwest Quarter for a distance of 1040 feet to a point; thence Southwesterly on a line forming an angle of 55 degrees and 30 minutes to the left with a prolongation of the last described line, at the last described point, for a distance of 575 feet to a point, (said line hereinafter known as line "B"), to a point; thence Southwesterly on a line forming an angle of 28 degrees and 00 minutes to the right with a prolongation of the last described line, at the last described point, for a distance of 260 feet, more or less, to the Easterly shore line of the Fox River; thence Northwesterly on the Easterly shore line of the Fox River for a distance of 110 feet to a point; thence Northeasterly for a distance of 246 feet, more or less, to a point on a line drawn 50 feet Northwesterly of and parallel with said line "E" as previously described herein; thence Northeasterly on a line 50 feet Northwesterly of and parallel with said line "B" for a distance of 580 feet, more or less, to a point, said point being 150 feet South of and parallel with the North line of the Northwest Quarter of said Section 32; thence East on the last mentioned parallel line for a distance of 275 feet, more or less, to a point on a line drawn 790 feet West of and parallel with the East line of said Northwest quarter; thence North on the last mentioned parallel line for a distance of 150 feet to a point on the North line of said Northwest Quarter; thence East 790 feet to the Place of Beginning in McHenry County, Illinois.

ALSO an easement for ingress and egress over that part thereof described as the East 60 feet of the North 200 feet of the Northwest Quarter of Section 32 Township 44 North, Range 9, East of the Third Principal Meridian, in McHenry County, Illinois.

ALSO a 60 foot easement for ingress and egress over that part of the Northwest Quarter of Section 32, Township 44 North, Range 9, East of the Third Principal Meridian, the center line of said easement being described as beginning at the Southeast corner of a certain deed recorded in the recorder's office of McHenry County, Illinois in Book 441 of Deeds, Page 157 as Document number 275452 and running South and Southeasterly parallel with the shore line of the Fox River to the most Southeasterly line of a tract of land (said Southeasterly line being located 350 feet Northwesterly of and parallel with line "A" as mentioned and described herein. Situated in the County of McHenry and in the State of Illinois.

A tract conveyed to the State of Illinois, Department of Transportation, Division of Water Resources (now Department of Natural Resources) by Document No. 91R012191, dated February 21, 1991 in County of McHenry, State of Illinois, description as follows:

A parcel of land comprised of the Southwest Quarter of the Southeast Quarter of Section 29, Township 44 North, Range 9 East of the Third Principal Meridian, described as follows: Beginning at the Southeast corner of said Southwest Quarter of the Southeast Quarter of Section 29 (said point being on the South line of said Section 29 as described in Document No. 77847 and 1325.30 feet West of the Southeast of said Section 29); thence South 89 degrees 21 minutes 28 seconds West along the South line of said Section 29, 1322.01 feet; thence North 00 degrees 15 minutes 57 seconds West, 1311.43 feet; thence North 89 degrees 28 minutes 25 seconds East, 1315.01 feet; thence South 00 degrees 34 minutes 19 seconds East, 1308.75 feet to the Point of Beginning; containing 39.655 acres, more or less, in McHenry County, Illinois.

A Permanent Easement conveyed to the State of Illinois, Department of Transportation, Division of Water Resources (now Department of Natural Resources) by Document No. 91047610, dated November 6, 1991 in County of McHenry, State of Illinois, description as follows:

All that part of the Northwest Quarter of the Northeast Quarter of Section 32, Township 44 North, Range 9 East of the Third Principal Meridian in McHenry County, Illinois, Described as follows:

Beginning at the Northwest corner of the Northeast Quarter of Section 32; thence South 00 degrees 57 minutes 13 seconds East along the West line of said Northeast Quarter, 30.00 feet; thence South 89 degrees 21 minutes 28 seconds East, 50.00 feet; thence North 00 degrees 57 minutes 13 seconds East, 30.00 feet to a point in the North line of said Section 32; thence North 89 degrees 21 minutes 28 seconds West along said Section line 50.00 feet to the Point of Beginning, containing 0.0344 acres more or less.

Site R-16 A tract conveyed to the State of Illinois, Department of Transportation, Division of Water Resources (now Department of Natural Resources) by Document No. 89R028726, dated July 11, 1989 in County of McHenry, State of Illinois, description as follows:

Lots 1, 11 and 12, in Block 3 and Lot 28 in Block 4, all in Holiday Hills Unit No. 3, being a subdivision of part of the West Half of Fractional Section 18, Township 44 North, Range 9 East of the Third Principal Meridian, lying on the Easterly side of the Fox River, according to the plat thereof recorded September 26, 1955, as Document No. 298208, in Book 12 of Plats, Pages 52 and 53, in McHenry County, Illinois.

A tract conveyed to the State of Illinois, Department of Transportation, Division of Water Resources (now Department of Natural Resources) by Document No. 89R028725, dated August 31, 1989 in County of McHenry, State of Illinois, description as follows:

Lot 2, Block 3, Holiday Hills Unit No. 3, being a subdivision of part of the West Half of Fractional Section 18, Township 44 North, Range 9 East of the Third Principal Meridian, lying on the Easterly side of the Fox River, according to the plat thereof recorded September 26, 1955, as Document No. 298208, in Book 12 of Plats, Pages 52 and 53, in McHenry County, Illinois.

A tract conveyed to the State of Illinois, Department of Transportation, Division of Water Resources (now Department of Natural Resources) by Document No. 89R032634, dated July 13, 1989 in County of McHenry, State of Illinois, description as follows:

Lots 3 and 4, Block 3, Holiday Hills Unit No. 3, being a subdivision of part of the West Half of Fractional Section 18, Township 44 North, Range 9 East of the Third Principal Meridian, lying on the Easterly side of the Fox River, according to the plat thereof recorded September 26, 1955, as Document No. 298208, in Book 12 of Plats, Pages 52 and 53, in McHenry County, Illinois.

A tract conveyed to the State of Illinois, Department of Transportation, Division of Water Resources (now Department of Natural Resources) by Document No. 89R032632, dated July 11, 1989 in County of McHenry, State of Illinois, description as follows:

Lot 5, Block 3, Holiday Hills Unit No. 3, being a subdivision of part of the West Half of Fractional Section 18, Township 44 North, Range 9 East of the Third Principal Meridian, lying on the Easterly side of the Fox River, according to the plat thereof recorded September 26, 1955, as Document No. 298208, in Book 12 of Plats, Pages 52 and 53, in McHenry County, Illinois.

A tract conveyed to the State of Illinois, Department of Transportation, Division of Water Resources (now Department of Natural Resources) by Document No. 89R028722, dated July 10, 1989 in County of McHenry, State of Illinois, description as follows:

Lot 6, Block 3, Holiday Hills Unit No. 3, being a subdivision of part of the West Half of Fractional Section 18, Township 44 North, Range 9 East of the Third Principal Meridian, lying on the Easterly side of the Fox River, according to the plat thereof recorded September 26, 1955, as Document No. 298208, in Book 12 of Plats, Pages 52 and 53, in McHenry County, Illinois.

A tract conveyed to the State of Illinois, Department of Transportation, Division of Water Resources (now Department of Natural Resources) by Judgement Order, Case No. 89ED3, dated March 30, 1990 in County of McHenry, State of Illinois, description as follows:

Lot 7, Block 3, Holiday Hills Unit No. 3, being a subdivision of part of the West Half of Fractional Section 18, Township 44 North, Range 9 East of the Third Principal Meridian, lying on the Easterly side of the Fox River, according to the plat thereof recorded September 26, 1955, as Document No. 298208, in Book 12 of Plats, Pages 52 and 53, in McHenry County, Illinois.

A tract conveyed to the State of Illinois, Department of Transportation, Division of Water Resources (now Department of Natural Resources) by Document No. 89R028723, dated August 24, 1989 in County of McHenry, State of Illinois, description as follows:

Lot 8, Block 3, Holiday Hills Unit No. 3, being a subdivision of part of the West Half of Fractional Section 18, Township 44 North, Range 9 East of the Third Principal Meridian, lying on the Easterly side of the Fox River, according to the plat thereof recorded September 26, 1955, as Document No. 298208, in Book 12 of Plats, Pages 52 and 53, in McHenry County, Illinois.

A tract conveyed to the State of Illinois, Department of Transportation, Division of Water Resources (now Department of Natural Resources) by Document No. 89R032633, dated August 30, 1989 in County of McHenry, State of Illinois, description as follows:

Lot 9, Block 3, Holiday Hills Unit No. 3, being a subdivision of part of the West Half of Fractional Section 18, Township 44 North, Range 9 East of the Third Principal Meridian, lying on the Easterly side of the Fox River, according to the plat thereof recorded September 26, 1955, as Document No. 298208, in Book 12 of Plats, Pages 52 and 53, in McHenry County, Illinois.

A tract conveyed to the State of Illinois, Department of Transportation, Division of Water Resources (now Department of Natural Resources) by Judgement Order, Case No. 89ED4, dated March 19, 1993 in County of McHenry, State of Illinois, description as follows:

Lots 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 and 27, Block 4, all in Holiday Hills Unit No. 3, being a subdivision of part of the West Half of Fractional Section 18, Township 44 North, Range 9 East of the Third Principal Meridian, lying on the Easterly side of the Fox River, according to the plat thereof recorded September 26, 1955, as Document No. 298208, in Book 12 of Plats, Pages 52 and 53, in McHenry County, Illinois.

A tract conveyed to the State of Illinois, Department of Transportation, Division of Water Resources (now Department of Natural Resources) by Document No. 89R028724, dated July 11, 1989 in County of McHenry, State of Illinois, description as follows:

Lot 10, Block 3, Holiday Hills Unit No. 3, being a subdivision of part of the West Half of Fractional Section 18, Township 44 North, Range 9 East of the Third Principal Meridian, lying on the Easterly side of the Fox River, according to the plat thereof recorded September 26, 1955, as Document No. 298208, in Book 12 of Plats, Pages 52 and 53, in McHenry County, Illinois.

Section 10. The conveyances of real property authorized by Section 5 shall be made subject to: (1) existing public utilities, existing public roads, and any and all reservations, easements, encumbrances, covenants and restrictions of record; and (2) the express condition that any proceeds from the sale of the real property shall be utilized for the purchase and development of an alternate dredge material disposal site or sites.

Section 15. The Director of the Department of Natural Resources, on behalf of the State of Illinois, is authorized to exchange the interest in certain real properties in Lake County, Illinois, hereinafter referred to as Parcels 1 and 2, for certain real property of equal or greater value in Lake County, Illinois, hereinafter referred to as Parcel 3, such Parcels being described as follows:

PARCEL 1:

A parcel of land being part of an area known as Site 4 acquired jointly by agreement between Lake County Forrest Preserve District and the State of Illinois Department of Transportation, Division of Water Resources (now the State of Illinois, Department of Natural Resources) by a Judgment Order filed May 1 1980 in the Circuit Clerks Office of Lake County, Case number 78 ED 52, more particularly described as:

That part of Section 20 and 29, in township 44 North, Range 12 East of the 3rd P. M., described as follows: Beginning at a point on the North line of the South 1478.4 feet (22.40 chains) of the Southwest Quarter of said Section 20, which point is 459.63 feet East of the Northwest corner of the South 1478.4 feet of the Southwest Quarter of said Section 20, said point also being on the Easterly line of the Commonwealth Edison Company right-of-way and also being the Southwest corner of "The Terrace" being H.O. Stone and Company's Subdivision Recorded September 28, 1925, as Document 265877; thence Southeasterly along the Easterly line of said Commonwealth Edison Company right-of-way 3754.84 feet, more or less, to the Northwesterly right-of-way line of the Chicago and North Western Railway (Mayfair Branch); thence Northeasterly along the Northwesterly line of said Chicago and North Western Railway (Mayfair Branch) to a point on the South line of said Section 20; thence West along the South line of Section 20 a distance of 810 feet, more or less to a point which is 700 feet West of the East line of the Southwest Quarter of said Section 20; thence North along a line parallel to and 700 feet West of the West line of the East Half of said Section 20 to the Southerly line of "The Terrace" Subdivision; which is also the North line of the South 22.40 chains of the Southwest Quarter of said Section 20; thence West along the last described line to the place of beginning, in Lake County, Illinois, containing 84.5 acres, more or less.

PARCEL 2:

A parcel of land being part of an area known as Site 18 acquired jointly by agreement between Lake County Forrest Preserve District and the State of Illinois Department of Transportation, Division of Water Resources (now the State of Illinois, Department of Natural Resources) by a Judgment Order filed November 14 1977 in the Circuit Clerks Office of Lake County, Case number 76 ED 98, more particularly described as:

That part of the North Half of Section 17 and the Northeast Quarter of Section 18, Township 43 North, Range 12 East of the 3rd P. M., described as follows: Commencing at the intersection of the North line of Section 18 with the Easterly right of way line of Waukegan Road (State Route 43); thence Southeasterly along the said Easterly right of way line of Waukegan Road to the south line of the North Half of said Section 17; thence East along said South line of Section 17 to the center line of the West Skokie Drainage Ditch; thence Northerly and Northwesterly along the center line of said West Skokie Drainage Ditch to the North line of said Section 17; thence West along said North line to the place of beginning, (excepting therefrom that part of the Northwest Quarter of the Northwest Quarter of Section 17, described as follows: Beginning at a point on the North line of said Northwest Quarter of the Northwest Quarter 343.34 feet West of the Northeast corner of said Northwest Quarter of the Northwest Quarter; thence South at right angle to said North line of the Northwest Quarter of the Northwest Quarter a distance of 298.0 feet; thence West at right angle to the last described course, a distance of 247.0 feet; thence North at right angle to the last described course, a distance of 298.0 feet to said North line of the Northwest Quarter of the Northwest Quarter; thence East on said North line of the Northwest Quarter of the Northwest Quarter, a distance of 247.0 feet to the point of beginning, all in Township 43 North, Range 12 East of the 3rd P.M.) and also (excepting the West 3 acres of the North Half of the Northeast Quarter of the Northwest Quarter of Section 17, Township 43 North, Range 12 East of the 3rd P.M.) and also (excepting the East 660 feet of the South 132 feet of the Northwest Quarter of Section 17, Township 43 North, Range 12 East of the 3rd P. M.) and also (excepting that part of the East Half of the Northwest Quarter of Section 17, Township 43 North, Range 12 East of the 3rd P. M., described as follows: Beginning at a point in the North line of the Northeast Quarter of the Northwest Quarter of said Section 17 which is 197.6 feet East of the Northwest corner thereof, being the Northeast corner of the West 3.0 acres of the North Half of the Northeast Quarter of the Northwest Quarter of Section 17; thence South along the East line of said 3.0 acre tract and the East line extended, 1029.8 feet; thence East parallel with the North line of the Northeast Quarter of the Northwest Quarter of said Section 17, 423.0 feet; thence North 1029.8 feet to a point in the North line of the Northeast Quarter of the Northwest Quarter of said Section 17, which is 423.0 feet East of the place of beginning and thence West along said North line 423.0 feet to the place of beginning) and also (excepting therefrom all parts thereof previously dedicated or used for public highways or drainage ditch) all in Lake County, Illinois.

PARCEL 3:

A parcel of land acquired by the Lake County Forest Preserve District by a Corporate Warranty Deed, dated October 12, 2006 recorded October 19, 2006 as document number 6076619

That part of the Northwest Quarter of Section 9, Township 44 North, Range 9 East of the Third Principal Meridian, lying Westerly of the center line of Darrell Road in Lake County, Illinois.

Section 20. With respect to the transaction under Section 15, each party shall be responsible for any and all title costs associated with their respective properties.

Section 25. The conveyance of Parcels 1 and 2 and the acceptance of Parcel 3 as authorized by Section 15 shall be made subject to existing public utilities, existing public roads, and any and all reservations, easements, encumbrances, covenants and restrictions of record.

Section 30. The Director of Natural Resources shall obtain a certified copy of the portions of this Act containing the title, the enacting clause, the effective date, the appropriate Section or Sections containing the land descriptions of the property to be conveyed, and this Section within 60 days after its effective date and, upon receipt of the payment required by the Section or Sections, if any payment is required, 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.