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91_SB1647ham015
LRB9109352WHdvam01
1 AMENDMENT TO SENATE BILL 1647
2 AMENDMENT NO. . Amend Senate Bill 1647, AS AMENDED,
3 in Article 5, in Section 5-80, in the sentence that begins
4 with "The Grantees, for themselves,", by replacing "covenans"
5 with "covenants"; and
6 in Article 5 by inserting after Section 5-88 the following:
7 "Section 5-90. Upon the payment of the sum of $3,000 to
8 the State of Illinois, and subject to the conditions set
9 forth in Section 5-100 of this Act, the easement for highway
10 purposes acquired by the People of the State of Illinois is
11 released over and through the following described land in
12 Woodford County, Illinois:
13 Parcel No. 3LR0059
14 Part of the Northwest Quarter of the Northeast Quarter of
15 Section 22, Township 25 North, Range 1 West of the Third
16 Principal Meridian, Woodford County, Illinois, described
17 as follows:
18 Beginning at the northwest corner of Lot 1 in Atherton
19 Addition to the Village of Congerville, said point being
20 417 feet east and 81.0 feet south of the northwest corner
21 of said Northeast Quarter of Section 22; thence North
22 31.0 feet along the northerly extension of the west line
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1 of Lot 1; thence easterly 564.7 feet parallel with and
2 31.0 feet north of the south right of way line of Route
3 150 to a point 333.0 feet west of the east line of the
4 Northwest Quarter of the Northeast Quarter of Section 22;
5 thence southerly 31.0 feet to the south right of way line
6 of Route 150; thence westerly along said south right of
7 way line of Route 150 to the Point Of Beginning,
8 containing 17,506 square feet, more or less."; and
9 in Article 5, by inserting after Section 5-91 the following:
10 "Section 5-92. Upon the payment of the sum of $ 1 to the
11 State of Illinois, and subject to the condition set forth in
12 Section 5-100 of this Act, the Secretary of Transportation is
13 authorized to convey by quitclaim deed all right, title, and
14 interest in and to the following described land in Lawrence
15 County, Illinois, to the Board of Trustees for the Vincennes
16 University.
17 Parcel No. 7XX41SE
18 Part of Locations Twenty (20) and Twenty-one (21),
19 Township Three North (T3N), Range Ten West (RI0W), of the
20 second Principal Meridian, Lawrence County, Illinois,
21 more particularly described as follows:
22 TRACT B: Beginning at a point on the existing
23 Northerly right-of-way line of Federal Aid Route 13 (U.S.
24 Route 50) said point of beginning is at the point of
25 intersection of a line 180 feet perpendicular distance
26 Northerly of and parallel with the survey centerline for
27 Federal Aid Interstate Route 08 (now designated Federal
28 Aid Route 13) as recorded on Pages 208 and 209 of Road
29 Deed Record 6 in the office of the Recorder of Deeds of
30 Lawrence County, Illinois, and the Southwest line of a
31 185.25 acre tract as described in Book 141 and pages 62
32 and 63 in the Office of the said Recorder of Deeds;
33 thence Northwesterly along the Southwest line of said
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1 185.25 acre tract having a bearing of North 46° 45' West,
2 to a point on a line extending from a point 230 feet
3 Northerly of and on a line perpendicular to the
4 said recorded survey centerline at Station 1024+00
5 Northeasterly to a point 480 feet Northerly of and on a
6 line perpendicular to the said recorded Survey centerline
7 at Station 1029+00; thence Northeasterly along a straight
8 line to a point 480 feet perpendicular distance Northerly
9 of the said recorded Survey centerline at Station
10 1029+00; thence Easterly along a line parallel with the
11 said recorded Survey centerline to a point on a line
12 perpendicular to the said recorded Survey centerline at
13 Station 1031+55; thence Southerly along said
14 perpendicular line to a point on a line 280 feet
15 perpendicular distance Northerly of and parallel with the
16 said recorded Survey centerline; thence Easterly along
17 said parallel line to a point on a line perpendicular to
18 the said recorded Survey centerline at Station 1033+05;
19 thence Northerly along said perpendicular line to a point
20 on a line 480 feet perpendicular distance Northerly of
21 and parallel with the said recorded Survey centerline;
22 thence Easterly along said parallel line to a point on a
23 line perpendicular to the said recorded Survey centerline
24 at Station 1034+00; thence Southeasterly to a point 230
25 feet Northerly of and on a line perpendicular to the said
26 recorded Survey centerline at Station 1039+00; thence
27 Southeasterly to a point 230 feet Northerly of and on a
28 line perpendicular to said recorded Survey centerline at
29 Station 1044+00; thence Southwesterly to a point 180 feet
30 Northerly of and on a line perpendicular to the said
31 recorded Survey centerline at Station 1044+00 said point
32 being on the existing Northerly right of way line of
33 Federal Aid Route 13; thence Westerly along the said
34 existing right of way line to the point of beginning, all
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1 in accordance with the attached plat, containing 7.0
2 acres, more or less.
3 Situated in Lawrence County, State of Illinois.
4 The Grantee, for itself, its legal representatives, and its
5 successors and assigns, as part of the consideration hereof
6 covenants and agrees that there is no existing right of
7 access nor will the Grantor permit access in the future to,
8 from, or over the above-described premises from and to the
9 public highway lying adjacent to said premises, said public
10 highway being known as FAP Route 328 (US 50) previously
11 declared a freeway."; and
12 in Article 15, in Section 15-5, in subsection (a), in the
13 sentence that begins with "The Northern 63.5 feet", by
14 changing "Lot," to "Lots"; and
15 by inserting after Article 15 the following:
16 "ARTICLE 20.
17 Section 20-5. Legislative findings. The General Assembly
18 finds that (i) Maryville Academy has provided valuable and
19 urgently needed services to the children of the State of
20 Illinois for many years; (ii) the New Horizon Center for the
21 Developmentally Disabled has provided schooling and housing
22 for the developmentally disabled; and (iii) Chicago Read
23 Mental Health Center has played a long standing role in the
24 history of the City of Chicago and Cook County.
25 Section 20-10. The Director of Central Management
26 Services is authorized to:
27 (a) convey by quit claim deed for $1 buildings A &
28 B of the former Henry Horner School property located on
29 Oak Park Ave, Chicago, Illinois to Maryville Academy,
30 provided however that should the property fail to be used
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1 by Maryville Academy for charitable or educational
2 purposes, the title shall revert to the State of
3 Illinois;
4 (b) convey by quit claim deed approximately 5 acres
5 of the grounds of the former Henry Horner School located
6 on Oak Park Avenue, Chicago, Illinois for $1 upon
7 identification and survey of a site mutually agreeable to
8 the parties to New Horizon Center for the Developmentally
9 Disabled, provided that should the property fail to be
10 used by New Horizon Center for the Developmentally
11 Disabled for charitable or educational purposes, title
12 shall revert to the State of Illinois;
13 (c) convey by Quit Claim Deed for $1 to the City of
14 Chicago the following described real property:
15 A PARCEL OF LAND, APPROXIMATELY 16,000 SQUARE FEET
16 ON AND ALONG THE NORTH SIDE OF WEST IRVING PARK
17 ROAD, HAVING APPROXIMATELY 135 FEET OF FRONTAGE ON
18 SAID WEST IRVING PARK ROAD AND A DEPTH OF
19 APPROXIMATELY 125 FEET, HAVING ITS EASTERLY BOUNDARY
20 PARALLEL TO AND APPROXIMATELY 1,111 FEET WEST OF THE
21 WEST PROPERTY LINE OF NORTH NARRAGANSETT AVENUE, AND
22 ITS WESTERLY BOUNDARY BEING PARALLEL TO AND 135 FEET
23 WEST OF THE EASTERLY BOUNDARY LINE, ALL IN THE
24 COUNTY OF COOK AND STATE OF ILLINOIS.
25 Provided however, should the property fail to be used by
26 the Grantee for public purposes, title shall revert to
27 the State of Illinois;
28 (d) take steps to preserve, landscape, memorialize
29 and protect unmarked historic cemetery grounds located by
30 archeological survey on the grounds of Chicago Read
31 Mental Health Center. This subsection shall also allow
32 the relocation of the remains pursuant to regulations and
33 procedures established by the Historic Preservation
34 Agency when deemed necessary by the Director of Central
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1 Management Services. For the purpose of the relocation of
2 such remains, the Secretary of Human Services is
3 designated next of kin when it is not possible to
4 definitively establish the identity of any such remains;
5 (e) in order to facilitate the conveyances
6 referenced in subsections (a) and (b) after consultation
7 with the Secretary of Transportation, the Secretary of
8 Human Services, and the Director of Commerce and
9 Community Affairs and upon obtaining necessary
10 appraisals, surveys, and environmental reports, and in
11 accordance with and in coordination with any pre-existing
12 redevelopment agreement, convey title by quit claim deed
13 to Chicago Read Joint Venture, Limited Partnership to
14 surplus property located within the area bordered by
15 Harlem Avenue, West Irving Park Road, North Narragansett
16 Avenue, West Montrose Avenue, and Forest Preserve Drive,
17 Chicago, Illinois, but excluding the area comprised of
18 the property of the former Henry Horner School and the
19 property referred to as the "Phase Three Property" under
20 the Chicago Read-Dunning Redevelopment Agreement, at fair
21 market value and on such terms and conditions necessary
22 to bring about the orderly redevelopment of such surplus
23 property, provided however that "surplus property" as
24 described in this Section shall not include buildings and
25 grounds currently under the jurisdiction of the
26 Department of Human Services unless specifically
27 consented to by the Secretary of Human Services; and
28 (f) accept replacement State facilities constructed
29 in order to relocate State operations located in
30 facilities to be replaced or otherwise transferred to
31 coordinate with necessary redevelopment.
32 Section 20-15. The Director of Central Management
33 Services shall obtain a certified copy of the portions of
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1 this Act containing the title, the enacting clause, the
2 effective date, the appropriate Sections containing the land
3 descriptions of the property to be transferred, and this
4 Section within 60 days after its effective date, and upon
5 receipt of payment required by the Section or Sections, if
6 payment is required, shall record the certified document in
7 the Recorder's Office in the county in which the land is
8 located.
9 ARTICLE 25.
10 Section 25-5. The Director of Corrections is hereby
11 authorized to convey to the City of Chester, Illinois in
12 consideration of $22,500 and other agreements entered into
13 between the Department of Corrections and the City of Chester
14 all right, title, and interest of the State of Illinois in
15 and to the real estate, including any and all fixtures and
16 appurtenances thereto, located in Randolph County, Illinois,
17 and legally described as follows:
18 That portion of Lot 3, Block 18, Mather, Lamb and
19 Company's Second Addition to the City of Chester,
20 Illinois, in Section 24, Township 7 South, Range 7 West
21 of the Third Principal Meridian, in Randolph County,
22 Illinois, described as follows:
23 Beginning at the Northerly corner of Lot 3 aforesaid,
24 thence along the northeasterly line of said Lot 3 a
25 distance of 60.00 feet to the easterly line of Lot 3;
26 thence along the southeasterly line of Lot 3 a distance
27 of 55.48 feet to a point in said line; thence
28 northwesterly a distance of 60.01 feet to a point in the
29 northwesterly line of said Lot 3; thence northeasterly
30 along the northwesterly line of said Lot 3 a distance of
31 55.00 feet to the place of beginning; containing 0.07609
32 acre, more or less.
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1 Section 25-10. The Director of Corrections shall obtain
2 a certified copy of the portions of this Act containing the
3 title, the enacting clause, the effective date, the
4 appropriate Section containing the land description of the
5 property to be transferred or otherwise affected, and this
6 Section within 60 days after its effective date and, upon
7 receipt of payment required by the Section, if any payment is
8 required, shall record the certified document in the
9 Recorder's Office in the county in which the land is located.
10 ARTICLE 90.
11 Section 90-5. The Illinois Municipal Code is amended by
12 changing Section 7-1-1 as follows:
13 (65 ILCS 5/7-1-1) (from Ch. 24, par. 7-1-1)
14 Sec. 7-1-1. Annexation of contiguous territory. Any
15 territory that is not within the corporate limits of any
16 municipality but is contiguous to a municipality may be
17 annexed to the municipality as provided in this Article. For
18 the purposes of this Article any territory to be annexed to a
19 municipality shall be considered to be contiguous to the
20 municipality notwithstanding that the territory is separated
21 from the municipality by a railroad or public utility
22 right-of-way, but upon annexation the area included within
23 that right-of-way shall not be considered to be annexed to
24 the municipality.
25 Except in counties with a population of more than 500,000
26 but less than 3,000,000, territory which is not contiguous to
27 a municipality but is separated therefrom only by a forest
28 preserve district may be annexed to the municipality pursuant
29 to Sections 7-1-7 or 7-1-8, but only if the annexing
30 municipality can show that the forest preserve district
31 creates an artificial barrier preventing the annexation and
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1 that the location of the forest preserve district property
2 prevents the orderly natural growth of the annexing
3 municipality. It shall be conclusively presumed that the
4 forest preserve district does not create an artificial
5 barrier if the property sought to be annexed is bounded on at
6 least 3 sides by (i) one or more other municipalities (other
7 than the municipality seeking annexation through the existing
8 forest preserve district), (ii) forest preserve district
9 property, or (iii) a combination of other municipalities and
10 forest preserve district property. It shall also be
11 conclusively presumed that the forest preserve district does
12 not create an artificial barrier if the municipality seeking
13 annexation is not the closest municipality to the property to
14 be annexed. The territory included within such forest
15 preserve district shall not be annexed to the municipality
16 nor shall the territory of the forest preserve district be
17 subject to rights-of-way for access or services between the
18 parts of the municipality separated by the forest preserve
19 district without the consent of the governing body of the
20 forest preserve district. The changes made to this Section by
21 this amendatory Act of 91st General Assembly are declaratory
22 of existing law and shall not be construed as a new
23 enactment.
24 In counties that are contiguous to the Mississippi River
25 with populations of more than 200,000 but less than 255,000,
26 a municipality that is partially located in territory that is
27 wholly surrounded by the Mississippi River and a canal,
28 connected at both ends to the Mississippi River and located
29 on property owned by the United States of America, may annex
30 noncontiguous territory in the surrounded territory under
31 Sections 7-1-7, 7-1-8, or 7-1-9 if that territory is
32 separated from the municipality by property owned by the
33 United States of America, but that federal property shall not
34 be annexed without the consent of the federal government.
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1 When any land proposed to be annexed is part of any Fire
2 Protection District or of any Public Library District and the
3 annexing municipality provides fire protection or a public
4 library, as the case may be, the Trustees of each District
5 shall be notified in writing by certified or registered mail
6 before any court hearing or other action is taken for
7 annexation. The notice shall be served 10 days in advance.
8 An affidavit that service of notice has been had as provided
9 by this Section must be filed with the clerk of the court in
10 which the annexation proceedings are pending or will be
11 instituted or, when no court proceedings are involved, with
12 the recorder for the county where the land is situated. No
13 annexation of that land is effective unless service is had
14 and the affidavit filed as provided in this Section.
15 The new boundary shall extend to the far side of any
16 adjacent highway and shall include all of every highway
17 within the area annexed. These highways shall be considered
18 to be annexed even though not included in the legal
19 description set forth in the petition for annexation. When
20 any land proposed to be annexed includes any highway under
21 the jurisdiction of any township, the Township Commissioner
22 of Highways and the Board of Town Trustees shall be notified
23 in writing by certified or registered mail before any court
24 hearing or other action is taken for annexation. In the event
25 that a municipality fails to notify the Township Commissioner
26 of Highways and the Board of Town Trustees of the annexation
27 of an area within the township, the municipality shall
28 reimburse that township for any loss or liability caused by
29 the failure to give notice. If any municipality has annexed
30 any area before October 1, 1975, and the legal description in
31 the petition for annexation did not include the entire
32 adjacent highway, any such annexation shall be valid and any
33 highway adjacent to the area annexed shall be considered to
34 be annexed notwithstanding the failure of the petition to
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1 annex to include the description of the entire adjacent
2 highway.
3 Any annexation, disconnection and annexation, or
4 disconnection under this Article of any territory must be
5 reported by certified or registered mail by the corporate
6 authority initiating the action to the election authorities
7 having jurisdiction in the territory and the post office
8 branches serving the territory within 30 days of the
9 annexation, disconnection and annexation, or disconnection.
10 Failure to give notice to the required election
11 authorities or post office branches will not invalidate the
12 annexation or disconnection. For purposes of this Section
13 "election authorities" means the county clerk where the clerk
14 acts as the clerk of elections or the clerk of the election
15 commission having jurisdiction.
16 No annexation, disconnection and annexation, or
17 disconnection under this Article of territory having electors
18 residing therein made (1) before any primary election to be
19 held within the municipality affected thereby and after the
20 time for filing petitions as a candidate for nomination to
21 any office to be chosen at the primary election or (2) within
22 60 days before any general election to be held within the
23 municipality shall be effective until the day after the date
24 of the primary or general election, as the case may be.
25 For the purpose of this Section, a toll highway or
26 connection between parcels via an overpass bridge over a toll
27 highway shall not be considered a deterrent to the definition
28 of contiguous territory.
29 When territory is proposed to be annexed by court order
30 under this Article, the corporate authorities or petitioners
31 initiating the action shall notify each person who pays real
32 estate taxes on property within that territory unless the
33 person is a petitioner. The notice shall be served by
34 certified or registered mail, return receipt requested, at
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1 least 20 days before a court hearing or other court action.
2 If the person who pays real estate taxes on the property is
3 not the owner of record, then the payor shall notify the
4 owner of record of the proposed annexation.
5 (Source: P.A. 89-388, eff. 1-1-96; 89-502, eff. 6-28-96;
6 89-666, eff. 8-14-96; 90-14, eff. 7-1-97.)".