HB4319 EngrossedLRB100 16704 HEP 31842 b

1    AN ACT concerning property.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. "An Act concerning land", veto overridden
5September 22, 2008, Public Act 95-982, is amended by changing
6Section 5 as follows:
 
7    (P.A. 95-982, Sec. 5)
8    Sec. 5. The State of Illinois owns the following described
9real estate, which is under the control of the Department of
10Corrections:
 
11A part of the SW 1/4 of Section 4, T8N, R6E, 4th Principal
12Meridian, Peoria County, Illinois, more particularly bounded
13and described as follows:
 
14The East half (E 1/2) of the Southeast Quarter (SE 1/4) of the
15Southwest Quarter (SW 1/4) of Section Four (4), Township 8
16North (8N), Range 6 East (6E) of the Fourth Principal Meridian,
17Peoria County, Illinois, excepting therefrom an easement for
18right-of-way purposes, the East Sixteen and one-half (16 1/2)
19feet thereof, containing 20.00 acres, more or less; and
 
20The West half (W 1/2) of the Southeast Quarter (SE 1/4) of the

 

 

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1Southwest Quarter (SW 1/4) of Section Four (4), Township 8
2North (8N), Range 6 East (6E) of the Fourth Principal Meridian,
3Peoria County, Illinois, excepting therefrom an easement for
4right-of-way purposes, over a triangular parcel of land
5described as follows:
 
6Beginning at the Northwest (NW) corner of the above described
7tract of land and running East (E) along the North (N) line
8thereof, a distance of twenty (20) feet, thence Southwesterly
9(SW) to a point on the West (W) line of the above described
10tract, which is twenty (20) feet South (S) of the point of
11beginning; containing twenty (20.00) acres, more or less.
 
12Excepting from the above described 40.00 Acre Tract the
13following:
 
14A part of the SW 1/4 of Section 4, T8N, R6E, 4th Principal
15Meridian, Peoria County, Illinois, more particularly bounded
16and described as follows:
 
17Commencing at the approximate Southeast corner of the SE 1/4 of
18the SW 1/4 of said Section 4, and being at the centerline of
19the pavement of Illinois Highway #l16 (S.B.I. Rt. #8), Thence S
2088° 16' W along the centerline of the pavement off said
21Illinois Highway #116, a distance of 733.7 feet; Thence N 1°
2235' W, 156.0 feet; Thence N 28° 20' E, 122.3 feet; Thence N 1°

 

 

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135' W, 67.7 feet; Thence East, 29.1 feet to an iron rod, said
2iron rod being the Point of Beginning for the tract to be
3described; Thence continuing East, 41.0 feet to an iron rod;
4Thence S 1° 53' E, 140.0 feet to an iron rod; Thence East, 51.0
5feet to an iron rod; Thence N 1° 53' W, 220.0 feet to an iron
6rod; Thence East, 34.0 feet to an iron rod; Thence North, 67.0
7feet to an iron rod; Thence S 88° 10' W, 123.4 feet to an iron
8rod; Thence South, 143.0 feet to the Point of Beginning,
9containing 0.514 Acres and subject to the following:
10        1. The right of ingress and egress along Streets "A"
11    and "C" and the right to use the "Parking Areas" lying East
12    of said "A" Street and South of said "C" Street adjoining
13    above described property.
14        2. The right of ingress and egress on "B" Street,
15    running S 80° 33' from "A" Street and across above
16    described tract.
17        3. ALSO: an easement 15 feet in width for a 4"
18    watermain, being 7 1/2' on each side of the following
19    described centerline: Commencing at the Point of Beginning
20    in the above described tract (0.514 Acres), Thence East 11
21    feet to the Point of Beginning for the centerline to be
22    described; Thence S 13° 20' W, 218 feet; Thence S 83° 33'
23    E, 241 feet; Thence S 4° 40' E, 53 feet, more or less, to
24    the Northerly right-of-way line of said Illinois Highway
25    #116.
26        4. ALSO: an Easement 15 feet in width for a 6" Waste

 

 

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1    Water Overflow Line, being 7 1/2 feet on each side of the
2    following described centerline: Commencing at the Point of
3    Beginning in the above described 0.514 Acre Tract; Thence
4    East 41.0 feet to an iron rod; Thence S 1° 53' E, 140.0
5    feet to an iron rod; Thence East, 51.0 feet to an iron rod;
6    Thence N 1° 53' W, 14 feet to the Point of Beginning for
7    the centerline to be described; Thence S 61° 40' E, 76.5
8    feet to a Manhole; Thence S 33° 45' E, 121 feet to a
9    Manhole; Thence N 88° 16' E, 371 feet to a Manhole; Thence
10    S 19° 30' E, 28 feet, more or less, to the Northerly
11    right-of-way line of said Illinois Highway #116.
 
12Said easements #3 and #4 above to be reserved for renewing and
13maintaining said underground piping, together with the right to
14enter upon said Easements at all times to operate and maintain
15the 4" Waterline and the 6" Waste Water Overflow. No permanent
16buildings or trees shall be placed on said Easements.
 
17Also excepting from the above described 40 Acre Tract the
18following:
 
19Real property described as a tract of land containing 1.03
20acres, more or less, in the SW 1/4 of Section 4, T-8-N, R-6-E
21of the 4th Principal Meridian, Peoria County, Illinois, and
22more particularly described as follows:
 

 

 

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1From the South 1/4 corner of said Section 4, go S 89° 46' W,
217.5 feet along centerline Illinois State Highway #116, which
3is the South line of Section 4; Thence North 0° 14' E, 41.4
4feet to SE corner of existing fenced plot; thence N 0° 14' E,
5733.65 feet along existing fence line to a point; thence N 89°
658' W, 316.85 feet to a point hereinafter known as the point of
7beginning; thence N 89° 58' W, 330 feet to a point; thence N 0°
82' E, 136.4 feet to a point; thence S 89° 58' E, 330 feet to a
9point; thence S 0° 2' W, 136.4 feet to the point of beginning.
 
10Granting access easement to the Federal Aviation
11Administration property described above, said easement being
12more particularly described as a strip of land 26 feet wide on
13the west side and 10 feet wide on the east side of the
14following described line:
 
15Beginning at the Northwest corner of the ARSRM plot, go S 0° 2'
16W, 635.8 feet to a point; thence S 20° 50' 30" W, 153.85 feet to
17a point; thence S 0° 5' W, 135.15 feet to the centerline of
18State Highway #116. Said easement subject to all existing State
19highway Rights-of-way, and all other existing access and
20utility easements and leases.
 
21Also granting a utility easement to the ARSRM plot from State
22Highway #116. This easement is more particularly described as a
23strip of land 10 feet wide on the west side of the following

 

 

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1described line: Beginning at the Southeast corner of the ARSRM
2plot, go S 0° 14' W, 776.5 feet to the centerline of State
3Highway #116.
 
4A utility easement to the ARSRM site from the 33 KV Central
5Illinois Electric Company (CILCO) substation located adjacent
6to State Highway #116. This easement is more particularly
7described as a strip of land 15 feet wide on the east side of a
8line beginning at the southwest corner of the ARSRM site and
9running S 0° 02' W to the north edge of the CILCO substation
10and a strip of land 50 feet wide on the west side of a line
11beginning 590 feet S 0° 02' W of the southwest corner of the
12ARSRM site and running S 0° 02' W to the north edge of the CILCO
13substation. This easement shall include the right to install
14and maintain overhead and underground utility lines, and shall
15be subject to existing roadways and utility easements.
 
16The utility easements shall provide the right to install and
17maintain underground and overhead utility lines and shall be
18subject to existing rights-of-way and utility easements.
 
19All presently owned government lands adjacent to the Radar
20Building for a 2000 foot radius in all directions shall be
21zoned against all new structures (temporary or permanent) which
22exceed an elevation of 780 feet MSL (Mean Sea Level) without
23written approval from the FAA Regional Director.
 

 

 

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1All presently owned government lands adjacent to the Radar
2Building for a 1000 foot radius in all directions shall be
3zoned against any new metal structures of any kind regardless
4of height. This eliminates, but is not limited to, any metal
5buildings, metal roofs and metal fences. This does not restrict
6wooden, masonry block or concrete buildings with structural
7steel framing.
 
8Total acreage described above is 38.456 acres, more or less,
9with the following described easements.
 
10Also, perpetual easements and right-of-ways in, on, over,
11under, and across the land for the location, construction,
12operation, maintenance, patrol, and removal of a sewer line
13with all necessary fittings and appliances together with the
14right to trim, cut, fell, and remove therefrom all trees,
15underbrush, and obstructions and any other vegetation,
16structures, or obstacles within the limits of the
17right-of-ways, subject however to existing easements for
18public roads and highways, public utilities, railroads and
19pipelines, including the rights hereinafter described in, on,
20over, under, and across certain lands in Peoria County, State
21of Illinois, described as follows:
 
22The South Forty (40) feet of the West Forty (40) feet of the

 

 

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1Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of
2Section 4, Township 8 North, Range 6 East of the Fourth
3Principal Meridian, Peoria County, Illinois; containing 0.04
4acre, more or less.
 
5And saving, excepting and reserving to the Grantor, its
6successors or assigns, forever, all ores, minerals, coal, oils,
7gasses and salts situated in, upon or under said property or
8any part or parts thereof, and the right at all times to enter
9upon said land, or any part or parts thereof, and there
10explore, search, dig, drill and mine for ores, minerals, coal,
11oils, gases and salts and freely carry on the business of
12drilling or mining and removing such, and for such purpose or
13purposes take, use and occupy so much and such parts of said
14property, and to cave the surface thereof, and for such term of
15time as said Grantor, its successors or assigns shall deem
16expedient without any let, hindrance or interference by the
17Grantee, their successors and assigns. Provided, however, that
18if said Grantor, its successors or assigns shall require any
19part of the surface of said land for permanent occupancy or
20shall cave the surface thereof or shall damage any part of the
21surface of said land or the improvements of such part, the
22Grantor, its successors or assigns shall pay said Grantee or
23its successors or assigns for the land so caved or occupied or
24for the damage caused but not exceeding in amount the actual
25prior market value of the part or parts of the property so

 

 

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1occupied or damaged together with improvements. The purpose of
2this exception or reservation is to sever the surface estate of
3said property from the mineral estate lying beneath the surface
4and by this Quitclaim Deed convey only rights in the use of the
5surface of said property.
 
6And also subject to existing easements for public roads,
7highways, public utilities, railroads, pipelines, and
8rights-of-way, if any, not shown of record. The conveyance
9shall be made subject to the condition that title to the
10buildings and the land shall revert to the State of Illinois,
11Department of Corrections, if Peoria County ceases to use the
12buildings and the land for a public or private purpose, and
13that if Peoria County sells the property, 10% of the sale
14proceeds shall be paid to the State of Illinois.
15(Source: P.A. 95-982, eff. 9-22-2008.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.