98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3495

 

Introduced 2/14/2014, by Sen. Pamela J. Althoff

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 30/25-5-55 new

    Amends the Eminent Domain Act. Provides that quick-take proceedings may be used for a period of no longer than one year from the effective date by McHenry County for the acquisition of described property for the purpose of reconstruction of the intersection of Miller Road and Illinois Route 31. Effective immediately.


LRB098 20230 HEP 55581 b

 

 

A BILL FOR

 

SB3495LRB098 20230 HEP 55581 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Eminent Domain Act is amended by adding
5Section 25-5-55 as follows:
 
6    (735 ILCS 30/25-5-55 new)
7    Sec. 25-5-55. Quick-take; McHenry County. Quick-take
8proceedings under Article 20 may be used for a period of no
9longer than one year from the effective date of this amendatory
10Act of the 98th General Assembly by McHenry County for the
11acquisition of the following described property for the purpose
12of reconstruction of the intersection of Miller Road and
13Illinois Route 31:
 
14Route: Illinois State Route 31
15Section: Section 09-00372-00-PW
16County: McHenry County
17Job No.: R-91-020-06
18Parcel: 0003
19Sta. 119+70.41 To Sta. 136+74.99
20Owner: Parkway Bank and Trust
21Company as Trustee under Trust
22Agreement dated October 25, 1988

 

 

SB3495- 2 -LRB098 20230 HEP 55581 b

1known as trust No. 9052
2Index No. 14-02-100-002, 14-02- 100-051
 
3A part of the Northwest Quarter of Section 2, Township 44
4North, Range 8 East of the Third Principal Meridian, in McHenry
5County, Illinois, described as follows:
 
6Commencing at the southwest corner of said Northwest Quarter;
7thence North 0 degrees 40 minutes 30 seconds East, (bearings
8based on Illinois State Plane Coordinates East Zone 1983 Datum)
9along the west line of said Northwest Quarter, 33.01 feet;
10thence North 89 degrees 27 minutes 02 seconds East along a line
11parallel with and 33.00 feet north of the south line of said
12Northwest Quarter, 633.53 feet to the Point of Beginning;
13thence North 47 degrees 43 minutes 11 seconds East, 76.04 feet;
14thence Northeasterly 892.04 feet along a curve to the left
15having a radius of 5900.00 feet, the chord of said curve bears
16North 03 degrees 13 minutes 38 seconds East, a chord distance
17of 891.20 feet; thence North 01 degrees 06 minutes 15 seconds
18West, 737.81 feet; thence North 88 degrees 52 minutes 57
19seconds East, 60.00 feet to a point on the westerly line of
20Illinois State Route 31 as dedicated per Book 12 of
21Miscellaneous Records, pages 200, 201 and 203; thence South 01
22degrees 06 minutes 15 seconds East along said westerly line,
23405.84 feet; thence South 01 degrees 00 minutes 45 seconds West
24along said westerly line, 135.20 feet; thence South 02 degrees

 

 

SB3495- 3 -LRB098 20230 HEP 55581 b

150 minutes 15 seconds East along said westerly line, 165.10
2feet; thence South 01 degrees 06 minutes 15 seconds East along
3said westerly line, 407.00 feet; thence Southwesterly 567.07
4feet along said westerly line, said line being a curve to the
5right having a radius of 3779.83 feet, the chord of said curve
6bears South 03 degrees 11 minutes 37 seconds West, a chord
7distance of 566.54 feet to point on a line parallel with and
833.00 feet north of the south line of said Northwest Quarter;
9thence South 89 degrees 27 minutes 02 seconds West along a line
10parallel with and 33.00 feet north of the south line of said
11Northwest Quarter, 142.09 feet to the Point of Beginning in
12McHenry County, Illinois.
 
13Said parcel containing 116,716 square feet (2.679 acres) more
14or less.
 
15Route: Bull Valley Road
16Section: Section 09-00372-00-PW
17County: McHenry County
18Job No.: R-91-020-06
19Parcel: 0003TE
20Sta. 531+73.39 To Sta. 532+82.90
21Owner: Parkway Bank and Trust
22Company as Trustee under Trust
23Agreement dated October 25, 1988
24known as trust No. 9052

 

 

SB3495- 4 -LRB098 20230 HEP 55581 b

1Index No. 14-02-100-002
 
2A part of the Southwest Quarter of the Northwest Quarter of
3Section 2, Township 44 North, Range 8 East of the Third
4Principal Meridian, in McHenry County, Illinois, described as
5follows:
 
6Commencing at the southwest corner of said Southwest Quarter;
7thence North 00 degrees 40 minutes 30 seconds East, (bearings
8based on Illinois State Plane Coordinates East Zone 1983 Datum)
9along the west line of said Southwest Quarter, 33.01 feet;
10thence North 89 degrees 27 minutes 02 seconds East along a line
11parallel with and 33.00 feet north of the south line of said
12Southwest Quarter, 540.42 feet to the Point of Beginning;
13thence North 00 degrees 33 minutes 06 seconds West, 14.95 feet;
14thence North 89 degrees 26 minutes 54 seconds East, 109.87
15feet; thence South 47 degrees 43 minutes 11 seconds West, 22.47
16feet to a point on a line parallel with and 33.00 feet north of
17the south line of said Southwest Quarter; thence South 89
18degrees 27 minutes 02 seconds West along said line parallel
19with and 33.00 feet north of the south line of said Southwest
20Quarter, 93.10 feet to the Point of Beginning in McHenry
21County, Illinois.
 
22Said parcel containing 1,518 square feet (0.035 acres) more or
23less.
 

 

 

SB3495- 5 -LRB098 20230 HEP 55581 b

1Route: Illinois State Route 31
2Section: Section 09-00372-00-PW
3County: McHenry County
4Job No.: R-91-020-06
5Parcel: 0011
6Sta. 124+14.14 To Sta. 124+35.35
7Owner: Trapani, LLC, an Illinois
8limited liability company
9Index No. 14-02-100-050
 
10A part of the Southwest Quarter of the Northwest Quarter of
11Section 2, Township 44 North, Range 8 East of the Third
12Principal Meridian, in McHenry County, Illinois, described as
13follows:
 
14Commencing at the northwest corner of Lot 1 in McDonalds
15Subdivision, being a subdivision of part of the Northwest
16Quarter of Section 2, Township 44 North, Range 8 East of the
17Third Principal Meridian, according to the plat thereof
18recorded December 22, 1993 as Document No. 93R80090, in McHenry
19County, Illinois; thence Northeasterly along the easterly line
20of Illinois State Route 31 as dedicated per Book 12 of
21Miscellaneous Records, pages 200, 201 and 203, 206.43 feet
22along a curve to the left having a radius of 3859.83 feet, the
23chord of said curve bears North 2 degrees 41 minutes 29 seconds

 

 

SB3495- 6 -LRB098 20230 HEP 55581 b

1East, (bearings based on Illinois State Plane Coordinates East
2Zone 1983 Datum) a chord distance of 206.41 feet to the Point
3of Beginning; thence continuing Northeasterly along said
4easterly line, 21.36 feet, said line being a curve to the left
5having a radius of 3859.83 feet, the chord of said curve bears
6North 1 degrees 00 minutes 02 seconds East, a chord distance of
721.36 feet to a point the south line of a parcel of land per
8deed recorded February 10, 2003 as Document No. 2003R0017053;
9thence North 89 degrees 22 minutes 29 seconds East along said
10south line, 1.04 feet; thence Southwesterly 21.41 feet along a
11curve to the right having a radius of 6060.00 feet, the chord
12of said curve bears South 03 degrees 47 minutes 21 seconds
13West, a chord distance of 21.41 feet to the Point of Beginning
14in McHenry County, Illinois.
 
15Said parcel containing 11 square feet (0.000 acres) more or
16less.
 
17Route: Illinois State Route 31
18Section: Section 09-00372-00-PW
19County: McHenry County
20Job No.: R-91-020-06
21Parcel: 0011TE-1
22Sta. 123+50.48 To Sta. 124+26.94
23Owner: Trapani, LLC, an Illinois
24limited liability company

 

 

SB3495- 7 -LRB098 20230 HEP 55581 b

1Index No. 14-02-100-050
 
2A part of the Southwest Quarter of the Northwest Quarter of
3Section 2, Township 44 North, Range 8 East of the Third
4Principal Meridian, in McHenry County, Illinois, described as
5follows:
 
6Commencing at the northwest corner of Lot 1 in McDonalds
7Subdivision, being a subdivision of part of the Northwest
8Quarter of Section 2, Township 44 North, Range 8 East of the
9Third Principal Meridian, according to the plat thereof
10recorded December 22, 1993 as Document No. 93R80090, in McHenry
11County, Illinois; thence Northeasterly along the easterly line
12of Illinois State Route 31 as dedicated per Book 12 of
13Miscellaneous Records, pages 200, 201 and 203, 142.05 feet
14along a curve to the left having a radius of 3859.83 feet, the
15chord of said curve bears North 3 degrees 10 minutes 09 seconds
16East, (bearings based on Illinois State Plane Coordinates East
17Zone 1983 Datum) a chord distance of 142.05 feet to the Point
18of Beginning; thence continuing Northeasterly along said
19easterly line, 64.39 feet, said line being a curve to the left
20having a radius of 3859.83 feet, the chord of said curve bears
21North 1 degrees 38 minutes 13 seconds East, a chord distance of
2264.38 feet; thence Northeasterly 12.69 feet along a curve to
23the left having a radius of 6060.00 feet, the chord of said
24curve bears North 03 degrees 49 minutes 49 seconds East, a

 

 

SB3495- 8 -LRB098 20230 HEP 55581 b

1chord distance of 12.69 feet; thence South 89 degrees 01
2minutes 32 seconds East, 4.46 feet; thence Southwesterly 77.18
3feet along a curve to the right having a radius of 3864.83
4feet, the chord of said curve bears South 01 degrees 32 minutes
547 seconds West, a chord distance of 77.17 feet; thence North
687 degrees 52 minutes 53 seconds West, 5.07 feet to the Point
7of Beginning in McHenry County, Illinois.
 
8Said parcel containing 387 square feet (0.009 acres) more or
9less.
 
10Route: Charles J. Miller Road
11Section: Section 09-00372-00-PW
12County: McHenry County
13Job No.: R-91-020-06
14Parcel: 0011TE-2
15Sta. 537+44.77 To Sta. 538+37.59
16Owner: Trapani, LLC, an Illinois
17limited liability company
18Index No. 14-02-100-050
 
19A part of Lot 2, in McDonald's Subdivision, being a subdivision
20of part of the Northwest Quarter of Section 2, Township 44
21North, Range 8 East of the Third Principal Meridian, according
22to the plat thereof recorded December 22, 1993 as Document No.
2393R80090, in McHenry County, Illinois, described as follows:
 

 

 

SB3495- 9 -LRB098 20230 HEP 55581 b

1Beginning at the southeast corner of said Lot 2; thence South
289 degrees 27 minutes 02 seconds West (bearings based on
3Illinois State Plane Coordinates East Zone 1983 Datum) along
4the south line of said Lot 2, 92.83 feet; thence North 00
5degrees 33 minutes 02 seconds West, 33.91 feet; thence North 89
6degrees 36 minutes 46 seconds East, 93.43 feet to a point on
7the east line of said Lot 2; thence South 00 degrees 28 minutes
857 seconds West along said east line, 33.66 feet to the Point
9of Beginning in McHenry County, Illinois.
 
10Said parcel containing 3,146 square feet (0.072 acres) more or
11less.
 
12Route: Charles J. Miller Road
13Section: Section 09-00372-00-PW
14County: McHenry County
15Job No.: R-91-020-06
16Parcel: 0016
17Sta. 538+37.74 To Sta. 539+63.26
18Owner: Marion R. Reinwall Hoak
19as Trustee of the Marion R.
20Reinwall Hoak Living trust dated
21September 15, 1998
22Index No. 14-02-100-022
 

 

 

SB3495- 10 -LRB098 20230 HEP 55581 b

1A part of the West Half of Government Lot 1 in the Northwest
2Quarter of Section 2, Township 44 North, Range 8 East of the
3Third Principal Meridian in McHenry County, Illinois,
4described as follows:
 
5Beginning at the southeast corner of said West Half of
6Government Lot 1; thence South 89 degrees 27 minutes 02 seconds
7West (bearings based on Illinois State Plane Coordinates East
8Zone 1983 Datum) along the south line of said West Half of
9Government Lot 1, 115.35 feet to the point of intersection with
10the east line of Lot 2 in McDonald's Subdivision, being a
11subdivision of part of the Northwest Quarter of Section 2,
12Township 44 North, Range 8 East of the Third Principal
13Meridian, according to the plat thereof recorded December 22,
141993 as Document No. 93R80090, in McHenry County, Illinois
15extended southerly; thence North 00 degrees 28 minutes 57
16seconds East along said east line extended southerly and along
17said east line, 48.01 feet; thence North 89 degrees 27 minutes
1802 seconds East, 115.36 feet to a point on the east line of
19said West Half of Government Lot 1; thence South 00 degrees 29
20minutes 41 seconds West along said east line, 48.01 feet to the
21Point of Beginning in McHenry County, Illinois.
 
22Said parcel containing 5,537 square feet (0.127 acres) more or
23less, of which 0.087 acres more or less, has been previously
24used or dedicated.
 

 

 

SB3495- 11 -LRB098 20230 HEP 55581 b

1Route: Illinois State Route 31
2Section: Section 09-00372-00-PW
3County: McHenry County
4Job No.: R-91-020-06
5Parcel: 0017
6Sta. 536+90.86 To Sta. 539+43.61
7Owner: Alliance Bible Church of
8the Christian and Missionary
9Alliance, an Illinois not for profit
10corporation
11Index No. 14-02-302-005; 14-02-
12302-004; 14-02-302-002
 
13A part of Lots 4 and 5, in Smith First Addition being a
14subdivision of the North 473.90 feet of the Northwest Quarter
15of the Southwest Quarter of Section 2, Township 44 North, Range
168 East of the Third Principal Meridian, lying easterly of the
17easterly right-of-way of State Route 31, according to the plat
18thereof recorded in the recorder's office of McHenry County,
19Illinois on February 16, 1973, as Document No. 586905 in
20McHenry County, Illinois, described as follows:
 
21Beginning at the northeast corner of said Lot 5; thence South
2200 degrees 08 minutes 56 seconds West (bearings based on
23Illinois State Plane Coordinates East Zone 1983 Datum) along

 

 

SB3495- 12 -LRB098 20230 HEP 55581 b

1the east line of said Lot 5, 33.94 feet; thence Southwesterly
2106.41 feet along a curve to the right having a radius of
3795.00 feet, the chord of said curve bears South 85 degrees 36
4minutes 55 seconds West, a chord distance of 106.34 feet;
5thence South 89 degrees 26 minutes 58 seconds West, 154.36 feet
6to a point on the west line of said Lot 4; thence North 00
7degrees 10 minutes 27 seconds East along said west line, 41.06
8feet to the northwest corner of said Lot 4; thence North 89
9degrees 27 minutes 02 seconds East along the north line of said
10Lots 4 and 5, 260.35 feet to the Point of Beginning in McHenry
11County, Illinois.
 
12Said parcel containing 10,438 square feet (0.240 acres) more or
13less.
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.