95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4653

 

Introduced , by Rep. David R. Leitch

 

SYNOPSIS AS INTRODUCED:
 
    Requires the Director of Corrections, on behalf of the State of Illinois and the Department of Corrections, to convey, by quit claim deed, all right, title, and interest of the State of Illinois and the Department of Corrections in and to certain real estate to Peoria County. Effective immediately.


LRB095 17710 AJO 43785 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4653 LRB095 17710 AJO 43785 b

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

 

 

HB4653 - 2 - LRB095 17710 AJO 43785 b

1 Beginning at the Northwest (NW) corner of the above described
2 tract of land and running East (E) along the North (N) line
3 thereof, a distance of twenty (20) feet, thence Southwesterly
4 (SW) to a point on the West (W) line of the above described
5 tract, which is twenty (20) feet South (S) of the point of
6 beginning; containing twenty (20.00) acres, more or less.
 
7 Excepting from the above described 40.00 Acre Tract the
8 following:
 
9 A part of the SW 1/4 of Section 4, T8N, R6E, 4th Principal
10 Meridian, Peoria County, Illinois, more particularly bounded
11 and described as follows:
 
12 Commencing at the approximate Southeast corner of the SE 1/4 of
13 the SW 1/4 of said Section 4, and being at the centerline of
14 the pavement of Illinois Highway #l16 (S.B.I. Rt. #8), Thence S
15 88° 16' W along the centerline of the pavement off said
16 Illinois Highway #116, a distance of 733.7 feet; Thence N 1°
17 35' W, 156.0 feet; Thence N 28° 20' E, 122.3 feet; Thence N 1°
18 35' W, 67.7 feet; Thence East, 29.1 feet to an iron rod, said
19 iron rod being the Point of Beginning for the tract to be
20 described; Thence continuing East, 41.0 feet to an iron rod;
21 Thence S 1° 53' E, 140.0 feet to an iron rod; Thence East, 51.0
22 feet to an iron rod; Thence N 1° 53' W, 220.0 feet to an iron

 

 

HB4653 - 3 - LRB095 17710 AJO 43785 b

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

 

 

HB4653 - 4 - LRB095 17710 AJO 43785 b

1     Thence N 1° 53' W, 14 feet to the Point of Beginning for
2     the centerline to be described; Thence S 61° 40' E, 76.5
3     feet to a Manhole; Thence S 33° 45' E, 121 feet to a
4     Manhole; Thence N 88° 16' E, 371 feet to a Manhole; Thence
5     S 19° 30' E, 28 feet, more or less, to the Northerly
6     right-of-way line of said Illinois Highway #116.
 
7 Said easements #3 and #4 above to be reserved for renewing and
8 maintaining said underground piping, together with the right to
9 enter upon said Easements at all times to operate and maintain
10 the 4" Waterline and the 6" Waste Water Overflow. No permanent
11 buildings or trees shall be placed on said Easements.
 
12 Also excepting from the above described 40 Acre Tract the
13 following:
 
14 Real property described as a tract of land containing 1.03
15 acres, more or less, in the SW 1/4 of Section 4, T-8-N, R-6-E
16 of the 4th Principal Meridian, Peoria County, Illinois, and
17 more particularly described as follows:
 
18 From the South 1/4 corner of said Section 4, go S 89° 46' W,
19 17.5 feet along centerline Illinois State Highway #116, which
20 is the South line of Section 4; Thence North 0° 14' E, 41.4
21 feet to SE corner of existing fenced plot; thence N 0° 14' E,
22 733.65 feet along existing fence line to a point; thence N 89°

 

 

HB4653 - 5 - LRB095 17710 AJO 43785 b

1 58' W, 316.85 feet to a point hereinafter known as the point of
2 beginning; thence N 89° 58' W, 330 feet to a point; thence N 0°
3 2' E, 136.4 feet to a point; thence S 89° 58' E, 330 feet to a
4 point; thence S 0° 2' W, 136.4 feet to the point of beginning.
 
5 Granting access easement to the Federal Aviation
6 Administration property described above, said easement being
7 more particularly described as a strip of land 26 feet wide on
8 the west side and 10 feet wide on the east side of the
9 following described line:
 
10 Beginning at the Northwest corner of the ARSRM plot, go S 0° 2'
11 W, 635.8 feet to a point; thence S 20° 50' 30" W, 153.85 feet to
12 a point; thence S 0° 5' W, 135.15 feet to the centerline of
13 State Highway #116. Said easement subject to all existing State
14 highway Rights-of-way, and all other existing access and
15 utility easements and leases.
 
16 Also granting a utility easement to the ARSRM plot from State
17 Highway #116. This easement is more particularly described as a
18 strip of land 10 feet wide on the west side of the following
19 described line: Beginning at the Southeast corner of the ARSRM
20 plot, go S 0° 14' W, 776.5 feet to the centerline of State
21 Highway #116.
 
22 A utility easement to the ARSRM site from the 33 KV Central

 

 

HB4653 - 6 - LRB095 17710 AJO 43785 b

1 Illinois Electric Company (CILCO) substation located adjacent
2 to State Highway #116. This easement is more particularly
3 described as a strip of land 15 feet wide on the east side of a
4 line beginning at the southwest corner of the ARSRM site and
5 running S 0° 02' W to the north edge of the CILCO substation
6 and a strip of land 50 feet wide on the west side of a line
7 beginning 590 feet S 0° 02' W of the southwest corner of the
8 ARSRM site and running S 0° 02' W to the north edge of the CILCO
9 substation. This easement shall include the right to install
10 and maintain overhead and underground utility lines, and shall
11 be subject to existing roadways and utility easements.
 
12 The utility easements shall provide the right to install and
13 maintain underground and overhead utility lines and shall be
14 subject to existing rights-of-way and utility easements.
 
15 All presently owned government lands adjacent to the Radar
16 Building for 2000 foot radius in all directions shall be zoned
17 against all new structures (temporary or permanent) which
18 exceed an elevation of 780 feet MSL (Mean Sea Level) without
19 written approval from the FAA Regional Director.
 
20 All presently owned government lands adjacent to the Radar
21 Building for a 1000 foot radius in all directions shall be
22 zoned against any new metal structures of any kind regardless
23 of height. This eliminates, but is not limited to, any metal

 

 

HB4653 - 7 - LRB095 17710 AJO 43785 b

1 buildings, metal roofs and metal fences. This does not restrict
2 wooden, masonry block or concrete buildings with structural
3 steel framing.
 
4 Total acreage described above is 38.456 acres, more or less,
5 with the following described easements.
 
6 Also, perpetual easements and right-of-ways in, on, over,
7 under, and across the land for the location, construction,
8 operation, maintenance, patrol, and removal of a sewer line
9 with all necessary fittings and appliances together with the
10 right to trim, cut, fell, and remove therefrom all trees,
11 underbrush, and obstructions and any other vegetation,
12 structures, or obstacles within the limits of the
13 right-of-ways, subject however to existing easements for
14 public roads and highways, public utilities, railroads and
15 pipelines, including the rights hereinafter described in, on,
16 over, under, and across certain lands in Peoria County, State
17 of Illinois, described as follows:
 
18 The South Forty (40) feet of the West Forty (40) feet of the
19 Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of
20 Section 4, Township 8 North, Range 6 East of the Fourth
21 Principal Meridian, Peoria County, Illinois; containing 0.04
22 acre, more or less.
 

 

 

HB4653 - 8 - LRB095 17710 AJO 43785 b

1 And saving, excepting and reserving to the Grantor, its
2 successors or assigns, forever, all ores, minerals, coal, oils,
3 gasses and salts situated in, upon or under said property or
4 any part or parts thereof, and the right at all times to enter
5 upon said land, or any part or parts thereof, and there
6 explore, search, dig, drill and mine for ores, minerals, coal,
7 oils, gases and salts and freely carry on the business of
8 drilling or mining and removing such, and for such purpose or
9 purposes take, use and occupy so much and such parts of said
10 property, and to cave the surface thereof, and for such term of
11 time as said Grantor, its successors or assigns shall deem
12 expedient without any let, hindrance or interference by the
13 Grantee, their successors and assigns. Provided, however, that
14 if said Grantor, its successors or assigns shall require any
15 part of the surface of said land for permanent occupancy or
16 shall cave the surface thereof or shall damage any part of the
17 surface of said land or the improvements of such part, the
18 Grantor, its successors or assigns shall pay said Grantee or it
19 successors or assigns for the land so caved or occupied or for
20 the damage caused but not exceeding in amount the actual prior
21 market value of the part or parts of the property so occupied
22 or damaged together with improvements. The purpose of this
23 exception or reservation is to sever the surface estate of said
24 property from the mineral estate lying beneath the surface and
25 by this Quitclaim Deed convey only rights in the use of the
26 surface of said property.
 

 

 

HB4653 - 9 - LRB095 17710 AJO 43785 b

1 And also subject to existing easements for public roads,
2 highways, public utilities, railroads, pipelines, and
3 rights-of-way, if any, not shown of record.
 
4     Section 10. The real estate described in Section 5 is no
5 longer needed by the State of Illinois. Therefore, the Director
6 of Corrections, on behalf of the State of Illinois and the
7 Department of Corrections, must convey by quit claim deed all
8 right, title, and interest of the State of Illinois and the
9 Department of Corrections in and to the real estate described
10 in Section 5 of this Act to the Peoria County at no additional
11 consideration.
 
12     Section 15. The Director of Corrections shall obtain a
13 certified copy of this Act within 60 days after this Act's
14 effective date and shall record the certified document in the
15 Recorder's Office of Peoria County, Illinois.
 
16     Section 99. Effective date. This Act takes effect upon
17 becoming law.