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90_SB1701ham001 LRB9007990DJcdam 1 AMENDMENT TO SENATE BILL 1701 2 AMENDMENT NO. . Amend Senate Bill 1701 as follows: 3 on page 35, below line 22, by inserting the following: 4 "Section 950. The Code of Civil Procedure is amended by 5 changing Section 7-103 as follows: 6 (735 ILCS 5/7-103) (from Ch. 110, par. 7-103) 7 Sec. 7-103. "Quick-take". This Section applies only to 8 proceedings under this Article: 9 (1) by the State of Illinois, the Illinois Toll 10 Highway Authority or the St. Louis Metropolitan Area 11 Airport Authority for the acquisition of land or 12 interests therein for highway purposes; 13 (2) (blank); 14 (3) by the Department of Commerce and Community 15 Affairs for the purpose specified in the Illinois Coal 16 Development Bond Act; 17 (4) (blank); 18 (5) for the purpose specified in the St. Louis 19 Metropolitan Area Airport Authority Act; 20 (6) for a period of 24 months after May 24, 1996, 21 by the Southwestern Illinois Development Authority 22 pursuant to the Southwestern Illinois Development -2- LRB9007990DJcdam 1 Authority Act; 2 (7) for a period of 3 years after December 30, 3 1987, by the Quad Cities Regional Economic Development 4 Authority (except for the acquisition of land or 5 interests therein that is farmland, or upon which is 6 situated a farm dwelling and appurtenant structures, or 7 upon which is situated a residence, or which is wholly 8 within an area that is zoned for residential use) 9 pursuant to the Quad Cities Regional Economic Development 10 Authority Act; 11 (8) by a sanitary district created under the 12 Metropolitan Water Reclamation District Act for the 13 acquisition of land or interests therein for purposes 14 specified in that Act; 15 (9) by a rail carrier within the time limitations 16 and subject to the terms and conditions set forth in 17 Section 18c-7501 of the Illinois Vehicle Code; 18 (10) for a period of 18 months after January 26, 19 1987, for the purpose specified in Division 135 of 20 Article 11 of the Illinois Municipal Code, by a 21 commission created under Section 2 of the Water 22 Commission Act of 1985; 23 (11) by a village containing a population of less 24 than 15,000 for the purpose of acquiring property to be 25 used for a refuse derived fuel system designed to 26 generate steam and electricity, and for industrial 27 development that will utilize such steam and electricity, 28 pursuant to Section 11-19-10 of the Illinois Municipal 29 Code; 30 (12) after receiving the prior approval of the City 31 Council, by a municipality having a population of more 32 than 500,000 for the purposes set forth in Section 33 11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the 34 Illinois Municipal Code, and for the same purposes when -3- LRB9007990DJcdam 1 established pursuant to home rule powers; 2 (13) by a home rule municipality, after a public 3 hearing held by the corporate authorities or by a 4 committee of the corporate authorities and after approval 5 by a majority of the corporate authorities, within an 6 area designated as an enterprise zone by the municipality 7 under the Illinois Enterprise Zone Act; 8 (14) by the Illinois Sports Facilities Authority 9 for the purpose specified in Section 12 of the Illinois 10 Sports Facilities Authority Act; 11 (15) by a municipality having a population of more 12 than 2,000,000 for the purpose of acquiring the property 13 described in Section 3 of the Sports Stadium Act; 14 (16) for a period of 18 months after July 29, 1986, 15 in any proceeding by the Board of Trustees of the 16 University of Illinois for the acquisition of land in 17 Champaign County or interests therein as a site for a 18 building or for any educational purpose; 19 (17) for a period of 2 years after July 1, 1990, by 20 a home rule municipality and a county board, upon 21 approval of a majority of the corporate authorities of 22 both the county board and the municipality, within an 23 area designated as an enterprise zone by the municipality 24 and the county board through an intergovernmental 25 agreement under the Illinois Enterprise Zone Act, when 26 the purpose of the condemnation proceeding is to acquire 27 land for the construction of an industrial harbor port, 28 and when the total amount of land to be acquired for that 29 purpose is less than 75 acres and is adjacent to the 30 Illinois River; 31 (18) by an airport authority located solely within 32 the boundaries of Madison County, Illinois, and which is 33 organized pursuant to the provisions of the Airport 34 Authorities Act, (i) for the acquisition of 160 acres, or -4- LRB9007990DJcdam 1 less, of land or interests therein for the purposes 2 specified in that Act which may be necessary to extend, 3 mark, and light runway 11/29 for a distance of 1600 feet 4 in length by 100 feet in width with parallel taxiway, to 5 relocate and mark County Highway 19, Madison County, 6 known as Moreland Road, to relocate the instrument 7 landing system including the approach lighting system and 8 to construct associated drainage, fencing and seeding 9 required for the foregoing project and (ii) for a period 10 of 6 months after December 28, 1989, for the acquisition 11 of 75 acres, or less, of land or interests therein for 12 the purposes specified in that Act which may be necessary 13 to extend, mark and light the south end of runway 17/35 14 at such airport; 15 (19) by any unit of local government for a 16 permanent easement for the purpose of maintaining, 17 dredging or cleaning the Little Calumet River; 18 (20) by any unit of local government for a 19 permanent easement for the purpose of maintaining, 20 dredging or cleaning the Salt Creek in DuPage County; 21 (21) by St. Clair County, Illinois, for the 22 development of a joint use facility at Scott Air Force 23 Base; 24 (22) by the Village of Summit, Illinois, to acquire 25 land for a waste to energy plant; 26 (23) for a period of 15 months after September 7, 27 1990, by the Department of Transportation or by any unit 28 of local government under the terms of an 29 intergovernmental cooperation agreement between the 30 Department of Transportation and the unit of local 31 government for the purpose of developing aviation 32 facilities in and around Chanute Air Force Base in 33 Champaign County, Illinois; 34 (24) for a period of 1 year after December 12, -5- LRB9007990DJcdam 1 1990, by the City of Morris for the development of the 2 Morris Municipal Airport; 3 (25) for a period of 1 year after June 19, 1991, by 4 the Greater Rockford Airport Authority for airport 5 expansion purposes; 6 (26) for a period of 24 months after June 30, 1991, 7 by the City of Aurora for completion of an instrument 8 landing system and construction of an east-west runway at 9 the Aurora Municipal Airport; 10 (27) for the acquisition by the Metropolitan Pier 11 and Exposition Authority of property described in 12 subsection (f) of Section 5 of the Metropolitan Pier and 13 Exposition Authority Act for the purposes of providing 14 additional grounds, buildings, and facilities related to 15 the purposes of the Metropolitan Pier and Exposition 16 Authority; 17 (28) for a period of 24 months after March 1, 1992, 18 by the Village of Wheeling and the City of Prospect 19 Heights, owners of the Palwaukee Municipal Airport, to 20 allow for the acquisition of right of way to complete the 21 realignment of Hintz Road and Wolf Road; 22 (29) for a period of one year from the effective 23 date of this amendatory Act of 1992, by the 24 Bloomington-Normal Airport Authority for airport 25 expansion purposes; 26 (30) for a period of 24 months after September 10, 27 1993, by the Cook County Highway Department and Lake 28 County Department of Transportation to allow for the 29 acquisition of necessary right-of-way for construction of 30 underpasses for Lake-Cook Road at the Chicago 31 Northwestern Railroad crossing, west of Skokie Boulevard, 32 and the Chicago, Milwaukee, St. Paul and Pacific Railroad 33 crossing, west of Waukegan Road; 34 (31) for a period of one year after December 23, -6- LRB9007990DJcdam 1 1993, by the City of Arcola and the City of Tuscola for 2 the development of the Arcola/Tuscola Water Transmission 3 Pipeline Project pursuant to the intergovernmental 4 agreement between the City of Arcola and the City of 5 Tuscola; 6 (32) for a period of 24 months from December 23, 7 1993, by the Village of Bensenville for the acquisition 8 of property bounded by Illinois Route 83 to the west and 9 O'Hare International Airport to the east to complete a 10 flood control project known as the Bensenville Ditch; 11 (33) for a period of 9 months after November 1, 12 1993, by the Medical Center Commission for the purpose of 13 acquiring a site for the Illinois State Police Forensic 14 Science Laboratory at Chicago, on the block bounded by 15 Roosevelt Road on the north, Wolcott Street on the east, 16 Washburn Street on the south, and Damen Avenue on the 17 west in Chicago, Illinois; 18 (34) for a period of 36 months after July 14, 1995, 19 by White County for the acquisition of a 3 1/2 mile 20 section of Bellaire Road, which is described as follows: 21 Commencing at the Northwest Corner of the Southeast 1/4 22 of Section 28, Township 6 South, Range 10 East of the 3rd 23 Principal Meridian; thence South to a point at the 24 Southwest Corner of the Southeast 1/4 of Section 9, 25 Township 7 South, Range 10 East of the 3rd Principal 26 Meridian; 27 (35) for a period of one year after July 14, 1995, 28 by the City of Aurora for permanent and temporary 29 easements except over land adjacent to Indian Creek and 30 west of Selmarten Creek located within the City of Aurora 31 for the construction of Phase II of the Indian Creek 32 Flood Control Project; 33 (35.1) for a period beginning June 24, 1995 (the 34 day following the effective date of Public Act 89-29) and -7- LRB9007990DJcdam 1 ending on July 13, 1995 (the day preceding the effective 2 date of Public Act 89-134), by the City of Aurora for 3 permanent and temporary easements for the construction of 4 Phase II of the Indian Creek Flood Control Project; 5 (36) for a period of 3 years from July 14, 1995, by 6 the Grand Avenue Railroad Relocation Authority for the 7 Grand Avenue Railroad Grade Separation Project within the 8 Village of Franklin Park, Illinois; 9 (37) for a period of 3 years after July 14, 1995, 10 by the Village of Romeoville for the acquisition of 11 rights-of-way for the 135th Street Bridge Project, lying 12 within the South 1/2 of Section 34, Township 37 North, 13 Range 10 East and the South 1/2 of Section 35, Township 14 37 North, Range 10 East of the Third Principal Meridian, 15 and the North 1/2 of Section 2, Township 36 North, Range 16 10 East and the North 1/2 of Section 3, Township 36 17 North, Range 10 East of the 3rd Principal Meridian, in 18 Will County, Illinois; 19 (37.1) for a period of 3 years after June 23, 1995, 20 by the Illinois Department of Transportation for the 21 acquisition of rights-of-way for the 135th Street Bridge 22 Project between the Des Plaines River and New Avenue 23 lying within the South 1/2 of Section 35, Township 37 24 North, Range 10 East of the Third Principal Meridian and 25 the North 1/2 of Section 2, Township 36 North, Range 10 26 East of the 3rd Principal Meridian, in Will County, 27 Illinois; 28 (38) for a period beginning June 24, 1995 (the day 29 after the effective date of Public Act 89-29) and ending 30 18 months after July 14, 1995 (the effective date of 31 Public Act 89-134), by the Anna-Jonesboro Water 32 Commission for the acquisition of land and easements for 33 improvements to its water treatment and storage 34 facilities and water transmission pipes; -8- LRB9007990DJcdam 1 (39) for a period of 36 months after July 14, 1995, 2 by the City of Effingham for the acquisition of property 3 which is described as follows: 4 Tract 1: 5 Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO 6 THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat 7 thereof recorded in Book "K", Page 769, in the Recorder's 8 Office of Effingham County), situated in the City of 9 Effingham, County of Effingham and State of Illinois. 10 Tract 2: 11 The alley lying South and adjoining Tract 1, as 12 vacated by Ordinance recorded on July 28, 1937 in Book 13 183, Page 465, and all right, title and interest in and 14 to said alley as established by the Contract for Easement 15 recorded on August 4, 1937 in Book 183, Page 472; 16 (40) for a period of one year after July 14, 1995, 17 by the Village of Palatine for the acquisition of 18 property located along the south side of Dundee Road 19 between Rand Road and Hicks Road for redevelopment 20 purposes; 21 (41) for a period of 6 years after July 1, 1995, 22 for the acquisition by the Medical Center District of 23 property described in Section 3 of the Illinois Medical 24 District Act within the District Development Area as 25 described in Section 4 of that Act for the purposes set 26 forth in that Act; 27 (41.5) for a period of 24 months after June 21, 28 1996 by the City of Effingham, Illinois for acquisition 29 of property for the South Raney Street Improvement 30 Project Phase I; 31 (42) for a period of 3 years after June 21, 1996, 32 by the Village of Deerfield for the acquisition of 33 territory within the Deerfield Village Center, as 34 designated as of that date by the Deerfield Comprehensive -9- LRB9007990DJcdam 1 Plan, with the exception of that area north of Jewett 2 Park Drive (extended) between Waukegan Road and the 3 Milwaukee Railroad Tracks, for redevelopment purposes; 4 (43) for a period of 12 months after June 21, 1996, 5 by the City of Harvard for the acquisition of property 6 lying west of Harvard Hills Road of sufficient size to 7 widen the Harvard Hills Road right of way and to install 8 and maintain city utility services not more than 200 feet 9 west of the center line of Harvard Hills Road; 10 (44) for a period of 5 years after June 21, 1996, 11 by the Village of River Forest, Illinois, within the area 12 designated as a tax increment financing district when the 13 purpose of the condemnation proceeding is to acquire land 14 for any of the purposes contained in the River Forest Tax 15 Increment Financing Plan or authorized by the Tax 16 Increment Allocation Redevelopment Act, provided that 17 condemnation of any property zoned and used exclusively 18 for residential purposes shall be prohibited; 19 (45) for a period of 18 months after June 28, 1996, 20 by the Village of Schaumburg for the acquisition of land, 21 easements, and aviation easements for the purpose of a 22 public airport in Cook and DuPage Counties; provided that 23 if any proceedings under the provisions of this Article 24 are pending on that date, "quick-take" may be utilized by 25 the Village of Schaumburg; 26 (46) for a period of one year after June 28, 1996, 27 by the City of Pinckneyville for the acquisition of land 28 and easements to provide for improvements to its water 29 treatment and storage facilities and water transmission 30 pipes, and for the construction of a sewerage treatment 31 facility and sewerage transmission pipes to serve the 32 Illinois Department of Corrections Pinckneyville 33 Correctional Facility; 34 (47) for a period of 6 months after June 28, 1996, -10- LRB9007990DJcdam 1 by the City of Streator for the acquisition of property 2 described as follows for a first flush basin sanitary 3 sewer system: 4 Tract 5: That part of lots 20 and 21 in Block 5 6 in Moore and Plumb's addition to the city of 6 Streator, Illinois, lying south of the right of way 7 of the switch track of the Norfolk and Western 8 Railroad (now abandoned) in the county of LaSalle, 9 state of Illinois; 10 Tract 6: That part of lots 30, 31 and 32 in 11 Block 7 in Moore and Plumb's Addition to the city of 12 Streator, Illinois, lying north of the centerline of 13 Coal Run Creek and south of the right of way of the 14 switch track of the Norfolk and Western Railroad 15 (now abandoned) in the county of LaSalle, state of 16 Illinois; 17 (48) for a period of 36 months after January 16, 18 1997, by the Bi-State Development Agency of the 19 Missouri-Illinois Metropolitan District for the 20 acquisition of rights of way and related property 21 necessary for the construction and operation of the 22 MetroLink Light Rail System, beginning in East St. Louis, 23 Illinois, and terminating at Mid America Airport, St. 24 Clair County, Illinois; 25 (49) for a period of 2 years after January 16, 26 1997, by the Village of Schaumburg for the acquisition of 27 rights-of-way, permanent easements, and temporary 28 easements for the purpose of improving the Roselle 29 Road/Illinois Route 58/Illinois Route 72 corridor, 30 including rights-of-way along Roselle Road, Remington 31 Road, Valley Lake Drive, State Parkway, Commerce Drive, 32 Kristin Circle, and Hillcrest Boulevard, a permanent 33 easement along Roselle Road, and temporary easements 34 along Roselle Road, State Parkway, Valley Lake Drive, -11- LRB9007990DJcdam 1 Commerce Drive, Kristin Circle, and Hillcrest Boulevard, 2 in Cook County; 3 (50) (blank); 4 (51) for a period of 12 months after July 25, 1997 5the effective date of this amendatory Act of 1997, by the 6 Village of Bloomingdale for utility relocations 7 necessitated by the Lake Street Improvement Project on 8 Lake Street between Glen Ellyn Road and Springfield Drive 9 in the Village of Bloomingdale; 10 (52) for a period of 36 months after July 25, 1997 11the effective date of this amendatory Act of 1997, by the 12 City of Freeport, owners of the Freeport Albertus 13 Municipal Airport, to allow for acquisition of any land, 14 rights, or other property lying between East Lamm Road 15 and East Borchers Road to complete realignment of South 16 Hollywood Road and to establish the necessary runway 17 safety zone in accordance with Federal Aviation 18 Administration and Illinois Department of Transportation 19 design criteria; 20 (53) for a period of 3 years after July 1, 1997, by 21 the Village of Elmwood Park to be used only for the 22 acquisition of commercially zoned property within the 23 area designated as the Tax Increment Redevelopment 24 Project Area by ordinance passed and approved on December 25 15, 1986, as well as to be used only for the acquisition 26 of commercially zoned property located at the northwest 27 corner of North Avenue and Harlem Avenue and commercially 28 zoned property located at the southwest corner of Harlem 29 Avenue and Armitage Avenue for redevelopment purposes, as 30 set forth in Division 74.3 of Article 11 of the Illinois 31 Municipal Code; 32 (54) for a period of 3 years after July 25, 1997 33the effective date of this amendatory Act of 1997, by the 34 Village of Oak Park for the acquisition of property -12- LRB9007990DJcdam 1 located along the south side of North Avenue between 2 Austin Boulevard and Harlem Avenue or along the north and 3 south side of Harrison Street between Austin Boulevard 4 and Elmwood Avenue, not including residentially zoned 5 properties within these areas, for commercial 6 redevelopment goals;.7 (54.1)(53)for a period of 3 years after August 8 14, 1997the effective date of this amendatory Act of91997, by the Village of Oak Park for the acquisition of 10 property within the areas designated as the Greater 11 Downtown Area Tax Increment Financing District, the 12 Harlem/Garfield Tax Increment Financing District, and the 13 Madison Street Tax Increment Financing District, not 14 including residentially zoned properties within these 15 areas, for commercial redevelopment goals; 16 (54.2)(54)for a period of 3 years after August 17 14, 1997the effective date of this amendatory Act of181997, by the Village of Oak Park for the acquisition of 19 property within the areas designated as the North Avenue 20 Commercial Strip and the Harrison Street Business Area, 21 not including residentially zoned properties within these 22 areas, for commercial redevelopment goals; 23 (55)(51)for a period of 3 years after August 14, 24 1997the effective date of this amendatory Act of 1997by 25 the Village of Morton Grove, within the area designated 26 as the Waukegan Road Tax Increment Financing District to 27 be used only for acquiring commercially zoned properties 28 located on Waukegan Road for tax increment redevelopment 29 projects contained in the redevelopment plan for the 30 area; 31 (56)(52)For a period of 2 years after August 14, 32 1997the effective date of this amendatory Act of 1997, 33 by the Village of Rosemont for the acquisition of the 34 property described as Tract 1, and the acquisition of any -13- LRB9007990DJcdam 1 leasehold interest of the property described as Tract 2, 2 both described as follows: 3 Tract 1 4 PARCEL 1: 5 THAT PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 6 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, 7 DESCRIBED AS FOLLOWS: 8 COMMENCING AT THE INTERSECTION OF A LINE 50.00 FEET, AS 9 MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE 10 SOUTH LINE OF SAID SOUTHWEST 1/4 WITH A LINE 484.69 11 FEET, AS MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL 12 WITH THE WEST LINE OF SAID SOUTHWEST 1/4 (THE WEST LINE 13 OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF NORTH 14 00 DEGREES 00 MINUTES 00 SECONDS EAST FOR THIS LEGAL 15 DESCRIPTION); THENCE NORTH 00 DEGREES 00 MINUTES 00 16 SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE, 17 427.26 FEET TO A POINT FOR A PLACE OF BEGINNING; THENCE 18 CONTINUING NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST 19 ALONG SAID LAST DESCRIBED PARALLEL LINE, 251.92 FEET; 20 THENCE NORTH 45 DEGREES 00 MINUTES 00 SECONDS EAST, 21 32.53 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 22 SECONDS EAST, 53.70 FEET; THENCE SOUTH 72 DEGREES 34 23 MINUTES 18 SECONDS EAST, 149.63 FEET; THENCE SOUTH 00 24 DEGREES 00 MINUTES 00 SECONDS WEST, 230.11 FEET; THENCE 25 SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 219.46 FEET, 26 TO THE POINT OF BEGINNING IN COOK COUNTY, ILLINOIS. 27 PARCEL 2: 28 THAT PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 29 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, 30 DESCRIBED AS FOLLOWS: 31 COMMENCING AT THE INTERSECTION OF A LINE 50.00 FEET, AS 32 MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE 33 SOUTH LINE OF SAID SOUTHWEST 1/4 WITH A LINE 484.69 34 FEET, AS MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL -14- LRB9007990DJcdam 1 WITH THE WEST LINE OF SAID SOUTHWEST 1/4 (THE WEST LINE 2 OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF NORTH 3 00 DEGREES, 00 MINUTES, 00 SECONDS EAST FOR THIS LEGAL 4 DESCRIPTION); THENCE NORTH 00 DEGREES, 00 MINUTES, 00 5 SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE, 6 153.00 FEET; THENCE NORTH 90 DEGREES, 00 MINUTES, 00 7 SECONDS EAST, 89.18 FEET; THENCE NORTH 00 DEGREES, 00 8 MINUTES, 00 SECONDS EAST, 48.68 FEET; THENCE NORTH 90 9 DEGREES, 00 MINUTES, 00 SECONDS EAST, 43.53 FEET; THENCE 10 SOUTH 00 DEGREES, 00 MINUTES, 00 SECONDS EAST, 8.00 FEET; 11 THENCE NORTH 90 DEGREES, 00 MINUTES, 00 SECONDS EAST, 12 44.23 FEET; THENCE NORTH 45 DEGREES, 00 MINUTES, 00 13 SECONDS EAST, 60.13 FEET; THENCE NORTH 00 DEGREES, 00 14 MINUTES, 00 SECONDS EAST, 141.06 FEET TO A POINT FOR A 15 PLACE OF BEGINNING, SAID POINT BEING 447.18 FEET NORTH 16 AND 704.15 FEET EAST OF THE SOUTHWEST CORNER OF THE 17 SOUTHWEST 1/4 OF SAID SECTION 33, AS MEASURED ALONG THE 18 WEST LINE OF SAID SOUTHWEST 1/4 AND ALONG A LINE AT RIGHT 19 ANGLES THERETO; THENCE NORTH 00 DEGREES, 00 MINUTES, 00 20 SECONDS EAST, 280.11 FEET; THENCE NORTH 72 DEGREES, 34 21 MINUTES, 18 SECONDS WEST, 149.63 FEET; THENCE SOUTH 90 22 DEGREES, 00 MINUTES, 00 SECONDS WEST, 53.70 FEET; THENCE 23 SOUTH 45 DEGREES, 00 MINUTES, 00 SECONDS WEST, 32.53 FEET 24 TO A POINT ON A LINE 484.69 FEET, AS MEASURED AT RIGHT 25 ANGLES, EAST OF AND PARALLEL WITH THE WEST LINE OF SAID 26 SOUTHWEST 1/4, SAID POINT BEING 679.18 FEET, AS MEASURED 27 ALONG SAID PARALLEL LINE, NORTH OF THE AFOREDESCRIBED 28 POINT OF COMMENCEMENT; THENCE NORTH 00 DEGREES, 00 29 MINUTES, 00 SECONDS EAST ALONG SAID LAST DESCRIBED 30 PARALLEL LINE, 158.10 FEET; THENCE NORTH 39 DEGREES, 39 31 MINUTES, 24 SECONDS EAST, 27.09 FEET TO AN INTERSECTION 32 WITH THE SOUTHERLY LINE OF HIGGINS ROAD, BEING A LINE 33 50.00 FEET, AS MEASURED AT RIGHT ANGLES, SOUTHERLY OF 34 AND PARALLEL WITH THE CENTER LINE OF SAID ROAD; THENCE -15- LRB9007990DJcdam 1 SOUTH 72 DEGREES, 34 MINUTES, 18 SECONDS EAST ALONG SAID 2 LAST DESCRIBED SOUTHERLY LINE, 382.55 FEET TO AN 3 INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF THE 4 MINNEAPOLIS, ST. PAUL AND SAULT STE. MARIE RAILROAD 5 (FORMERLY THE CHICAGO AND WISCONSIN RAILROAD); THENCE 6 SOUTH 14 DEGREES, 51 MINUTES, 36 SECONDS EAST ALONG SAID 7 LAST DESCRIBED WESTERLY LINE, 378.97 FEET; THENCE SOUTH 8 90 DEGREES, 00 MINUTES, 00 SECONDS WEST, 260.00 FEET TO 9 THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS. 10 Generally comprising approximately 3.8 acres along 11 the south side of Higgins Road, East of Mannheim Road. 12 Tract 2 13 PARCEL 1: 14 Any leasehold interest of any portion of the 15 property legally described as follows: 16 THAT PART OF THE EAST 8 ACRES OF LOT 2 IN FREDERICK 17 JOSS'SJOSS92SDIVISION OF LAND IN SECTION 9, TOWNSHIP 40 18 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN 19 (EXCEPT THE NORTH 500 FEET THEREOF AS MEASURED ON THE 20 EAST LINE) LYING EASTERLY OF THE FOLLOWING DESCRIBED 21 LINE: BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 22 2, 19.07 FEET WEST OF THE NORTHEAST CORNER THEREOF; 23 THENCE SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 73 24 DEGREES 46 MINUTES 40 SECONDS (AS MEASURED FROM WEST TO 25 SOUTHWEST) WITH THE AFORESAID NORTH LINE OF LOT 2, A 26 DISTANCE OF 626.69 FEET TO A POINT; THENCE SOUTHEASTERLY 27 ALONG A LINE FORMING AN ANGLE OF 20 DEGREES 58 MINUTES 28 25 SECONDS (AS MEASURED TO THE LEFT) WITH A PROLONGATION 29 OF THE LAST DESCRIBED COURSE A DISTANCE OF 721.92 FEET 30 TO A POINT IN THE SOUTH LINE OF SAID LOT WHICH IS 85.31 31 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 2, 32 EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PREMISES: 33 THE SOUTH 50 FEET OF LOT 2 LYING EAST OF THE FOLLOWING 34 DESCRIBED LINE; BEGINNING AT A POINT IN THE SOUTH LINE -16- LRB9007990DJcdam 1 OF LOT 2, WHICH IS 85.31 FEET WEST OF THE SOUTHEAST 2 CORNER OF SAID LOT; THENCE NORTHERLY ON A LINE WHICH 3 FORMS AN ANGLE OF 85 DEGREES 13 MINUTES 25 SECONDS IN 4 THE NORTHWEST 1/4 WITH SAID LAST DESCRIBED LINE IN 5 FREDERICK JOSS'SJOSS92SDIVISION OF LANDS IN THE 6 NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 40 NORTH, RANGE 12 7 EAST OF THE THIRD PRINCIPAL MERIDIAN. 8 PARCEL 2: 9 Plus any rights of ingress and egress which the said 10 holder of the leasehold interest may have pursuant to 11 the following described easement: 12 GRANT OF EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED 13 BY GRANT FROM FRACAP SHEET METAL MANUFACTURING COMPANY, 14 INC. TO JUNE WEBER POLLY DATED NOVEMBER 16, 1970 AND 15 RECORDED APRIL 7, 1971 AS DOCUMENT 21442818 FOR 16 PASSAGEWAY OVER THE EAST 20 FEET AS MEASURED AT RIGHT 17 ANGLES TO THE EAST LINE THEREOF OF THE NORTH 500 FEET OF 18 THAT PART OF THE EAST 8 ACRES OF LOT 2 IN FREDERICK 19 JOSS'SJOSS92SDIVISION OF LAND IN SECTION 9, TOWNSHIP 20 40 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, 21 LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: 22 BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 2, 23 19.07 FEET WEST OF THE NORTHEAST CORNER THEREOF; THENCE 24 SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 73 25 DEGREES 46 MINUTES 40 SECONDS (AS MEASURED FROM WEST TO 26 SOUTHWEST) WITH THE AFORESAID NORTH LINE OF LOT 2, A 27 DISTANCE OF 626.69 FEET TO A POINT; THENCE SOUTHEASTERLY 28 ALONG A LINE FORMING AN ANGLE OF 20 DEGREES 58 MINUTES 29 25 SECONDS (AS MEASURED TO THE LEFT) WITH A PROLONGATION 30 OF THE LAST DESCRIBED COURSE A DISTANCE OF 721.92 FEET 31 TO A POINT IN THE SOUTH LINE OF SAID LOT 2, WHICH IS 32 85.31 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 2, 33 IN COOK COUNTY, ILLINOIS; 34 (57)(55)for a period of 24 months from August 14, -17- LRB9007990DJcdam 1 1997the effective date of this amendatory Act of 1997, 2 by the City of Champaign for the acquisition of land and 3 easements in and adjacent to the City of Champaign for 4 the improvement of Windsor Road and Duncan Road and for 5 the construction of the Boneyard Creek Improvement 6 Project;.7 (58) For a period of 3 years after the effective 8 date of this amendatory Act of 1998, by the Village of 9 Rosemont for the acquisition of property located within 10 the following tax increment financing redevelopment 11 districts of the Village of Rosemont: (i) Rosemont 12 Redevelopment Plan and Project, as amended, (ii) 13 Higgins-Mannheim Redevelopment Plan and Project, as 14 amended; and (iii) River Road Redevelopment Plan and 15 Project, as amended; 16 (59) for a period of 3 years after the effective 17 date of this amendatory Act of 1998, by the Village of 18 Franklin Park, for the acquisition of property for a 19 parking lot, the property being described as follows: 20 THAT PART OF LOT 3 IN ASSESSORS DIVISION OF PART OF THE 21 SOUTH 1/2 OF SECTION 22, TOWNSHIP 40 NORTH, RANGE 12, 22 EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND 23 DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF A 24 LINE 33 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF 25 SAID SECTION 22 AND A LINE 33 FEET NORTH OF AND PARALLEL 26 WITH THE NORTH LINE OF BLOCK 4 IN FRANK A. GAGE ADDITION 27 TO FRANKLIN PARK RECORDED AUGUST 23, 1890 IN BOOK 43 PAGE 28 38 AND BOOK 45 PAGE 13 OF PLATS; THENCE NORTH 00 DEGREES 29 32 MINUTES 00 SECONDS WEST ALONG SAID LINE 33 FEET EAST 30 OF AND PARALLEL WITH THE WEST LINE OF SECTION 22 A 31 DISTANCE OF 315.00 FEET; THENCE SOUTH 90 DEGREES 00 32 MINUTES 00 SECONDS EAST A DISTANCE OF 123.73 FEET; THENCE 33 SOUTH 00 DEGREES 32 MINUTES 00 SECONDS EAST A DISTANCE OF 34 34.43 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS -18- LRB9007990DJcdam 1 A DISTANCE OF 80.00 FEET; THENCE SOUTH 00 DEGREES 32 2 MINUTES 00 SECONDS EAST A DISTANCE OF 220.00 FEET; THENCE 3 SOUTH 90 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 4 58.27 FEET; THENCE SOUTH 00 DEGREES 32 MINUTES 00 SECONDS 5 EAST A DISTANCE OF 60.57 FEET TO A POINT ON THE AFORESAID 6 LINE 33 FEET NORTH OF AND PARALLEL WITH THE NORTH LINE OF 7 BLOCK 4; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS 8 WEST ALONG SAID PARALLEL LINE A DISTANCE OF 262.00 FEET 9 TO THE POINT OF BEGINNING ALL IN COOK COUNTY, ILLINOIS. 10 In a proceeding subject to this Section, the plaintiff, 11 at any time after the complaint has been filed and before 12 judgment is entered in the proceeding, may file a written 13 motion requesting that, immediately or at some specified 14 later date, the plaintiff either be vested with the fee 15 simple title (or such lesser estate, interest or easement, as 16 may be required) to the real property, or specified portion 17 thereof, which is the subject of the proceeding, and be 18 authorized to take possession of and use such property; or 19 only be authorized to take possession of and to use such 20 property, if such possession and use, without the vesting of 21 title, are sufficient to permit the plaintiff to proceed with 22 the project until the final ascertainment of compensation; 23 however, no land or interests therein now or hereafter owned, 24 leased, controlled or operated and used by, or necessary for 25 the actual operation of, any common carrier engaged in 26 interstate commerce, or any other public utility subject to 27 the jurisdiction of the Illinois Commerce Commission, shall 28 be taken or appropriated hereunder by the State of Illinois, 29 the Illinois Toll Highway Authority, the sanitary district, 30 the St. Louis Metropolitan Area Airport Authority or the 31 Board of Trustees of the University of Illinois without first 32 securing the approval of such Commission. 33 Except as hereinafter stated, the motion for taking shall 34 state: (1) an accurate description of the property to which -19- LRB9007990DJcdam 1 the motion relates and the estate or interest sought to be 2 acquired therein; (2) the formally adopted schedule or plan 3 of operation for the execution of the plaintiff's project; 4 (3) the situation of the property to which the motion 5 relates, with respect to the schedule or plan; (4) the 6 necessity for taking such property in the manner requested in 7 the motion; and (5) if the property (except property 8 described in Section 3 of the Sports Stadium Act, or property 9 described as Site B in Section 2 of the Metropolitan Pier and 10 Exposition Authority Act) to be taken is owned, leased, 11 controlled or operated and used by, or necessary for the 12 actual operation of, any interstate common carrier or other 13 public utility subject to the jurisdiction of the Illinois 14 Commerce Commission, a statement to the effect that the 15 approval of such proposed taking has been secured from such 16 Commission, and attaching to such motion a certified copy of 17 the order of such Commission granting such approval. If the 18 schedule or plan of operation is not set forth fully in the 19 motion, a copy of such schedule or plan shall be attached to 20 the motion. 21 (Source: P.A. 89-29, eff. 6-23-95; 89-134, eff. 7-14-95; 22 89-343, eff. 8-17-95; 89-356, eff. 8-17-95; 89-445, eff. 23 2-7-96; 89-460, eff. 5-24-96; 89-494, eff. 6-21-96; 89-502, 24 eff. 6-28-96; 89-504, eff. 6-28-96; 89-592, eff. 8-1-96; 25 89-626, eff. 8-9-96; 89-683, eff. 6-1-97; 89-699, eff. 26 1-16-97; 90-6, eff. 6-3-97; 90-14, eff. 7-1-97; 90-232, eff. 27 7-25-97; 90-370, eff. 8-14-97; revised 9-29-97.)".