Bill Text: IL HB0770 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Authorizes the Department of Natural Resources to convey, in exchange for $1, certain real estate in McHenry County to the Fox Waterway Agency. Provides that the conveyance is subject to: (1) existing public utilities, existing public roads, and any and all reservations, easements, encumbrances, covenants, and restrictions of record; and (2) the express condition that any proceeds from the sale of the real property shall be utilized for the purchase and development of an alternate dredge material disposal site or sites. Authorizes the Director of Natural Resources to exchange described parcels of real estate in Lake County for another parcel of described real estate in Lake County. Effective immediately.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Engrossed) 2017-04-26 - Placed on Calendar Order of 2nd Reading April 27, 2017 [HB0770 Detail]

Download: Illinois-2017-HB0770-Engrossed.html



HB0770 EngrossedLRB100 08390 HEP 18502 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. The Director of the Department of Natural
5Resources, on behalf of the State of Illinois, is authorized to
6execute and deliver to the Fox Waterway Agency, a
7special-purpose unit of local government organized and
8existing under the laws of this State, for and in consideration
9of $1 paid to the Department, a quit claim deed to the
10following described real property:
11Site R-15
12A tract conveyed to the State of Illinois, Department of
13Transportation, Division of Water Resources (now Department of
14Natural Resources) by Document No. 91R016102, dated May 9, 1991
15in County of McHenry, State of Illinois, description as
16follows:
17That part of the Northeast fraction of the Northwest Quarter
18(on the East bank of the Fox River) of Section 32, Township 44
19North, Range 9 East of the Third Principal Meridian, described
20as follows: Beginning at the Northeast corner of said Northwest
21Quarter and running thence South along the East line thereof
22for a distance of 200 feet to a point; thence West parallel

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1with the North line of said Northwest Quarter for a distance of
21040 feet to a point; thence Southwesterly on a line forming an
3angle of 55 degrees and 30 minutes to the left with a
4prolongation of the last described line, at the last described
5point, for a distance of 575 feet to a point, (said line
6hereinafter known as line "B"), to a point; thence
7Southwesterly on a line forming an angle of 28 degrees and 00
8minutes to the right with a prolongation of the last described
9line, at the last described point, for a distance of 260 feet,
10more or less, to the Easterly shore line of the Fox River;
11thence Northwesterly on the Easterly shore line of the Fox
12River for a distance of 110 feet to a point; thence
13Northeasterly for a distance of 246 feet, more or less, to a
14point on a line drawn 50 feet Northwesterly of and parallel
15with said line "E" as previously described herein; thence
16Northeasterly on a line 50 feet Northwesterly of and parallel
17with said line "B" for a distance of 580 feet, more or less, to
18a point, said point being 150 feet South of and parallel with
19the North line of the Northwest Quarter of said Section 32;
20thence East on the last mentioned parallel line for a distance
21of 275 feet, more or less, to a point on a line drawn 790 feet
22West of and parallel with the East line of said Northwest
23quarter; thence North on the last mentioned parallel line for a
24distance of 150 feet to a point on the North line of said
25Northwest Quarter; thence East 790 feet to the Place of
26Beginning in McHenry County, Illinois.

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1ALSO an easement for ingress and egress over that part thereof
2described as the East 60 feet of the North 200 feet of the
3Northwest Quarter of Section 32 Township 44 North, Range 9,
4East of the Third Principal Meridian, in McHenry County,
5Illinois.
6ALSO a 60 foot easement for ingress and egress over that part
7of the Northwest Quarter of Section 32, Township 44 North,
8Range 9, East of the Third Principal Meridian, the center line
9of said easement being described as beginning at the Southeast
10corner of a certain deed recorded in the recorder's office of
11McHenry County, Illinois in Book 441 of Deeds, Page 157 as
12Document number 275452 and running South and Southeasterly
13parallel with the shore line of the Fox River to the most
14Southeasterly line of a tract of land (said Southeasterly line
15being located 350 feet Northwesterly of and parallel with line
16"A" as mentioned and described herein. Situated in the County
17of McHenry and in the State of Illinois.
18A tract conveyed to the State of Illinois, Department of
19Transportation, Division of Water Resources (now Department of
20Natural Resources) by Document No. 91R012191, dated February
2121, 1991 in County of McHenry, State of Illinois, description
22as follows:

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1A parcel of land comprised of the Southwest Quarter of the
2Southeast Quarter of Section 29, Township 44 North, Range 9
3East of the Third Principal Meridian, described as follows:
4Beginning at the Southeast corner of said Southwest Quarter of
5the Southeast Quarter of Section 29 (said point being on the
6South line of said Section 29 as described in Document No.
777847 and 1325.30 feet West of the Southeast of said Section
829); thence South 89 degrees 21 minutes 28 seconds West along
9the South line of said Section 29, 1322.01 feet; thence North
1000 degrees 15 minutes 57 seconds West, 1311.43 feet; thence
11North 89 degrees 28 minutes 25 seconds East, 1315.01 feet;
12thence South 00 degrees 34 minutes 19 seconds East, 1308.75
13feet to the Point of Beginning; containing 39.655 acres, more
14or less, in McHenry County, Illinois.
15A Permanent Easement conveyed to the State of Illinois,
16Department of Transportation, Division of Water Resources (now
17Department of Natural Resources) by Document No. 91047610,
18dated November 6, 1991 in County of McHenry, State of Illinois,
19description as follows:
20All that part of the Northwest Quarter of the Northeast Quarter
21of Section 32, Township 44 North, Range 9 East of the Third
22Principal Meridian in McHenry County, Illinois, Described as
23follows:

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1Beginning at the Northwest corner of the Northeast Quarter of
2Section 32; thence South 00 degrees 57 minutes 13 seconds East
3along the West line of said Northeast Quarter, 30.00 feet;
4thence South 89 degrees 21 minutes 28 seconds East, 50.00 feet;
5thence North 00 degrees 57 minutes 13 seconds East, 30.00 feet
6to a point in the North line of said Section 32; thence North
789 degrees 21 minutes 28 seconds West along said Section line
850.00 feet to the Point of Beginning, containing 0.0344 acres
9more or less.
10Site R-16
11A tract conveyed to the State of Illinois, Department of
12Transportation, Division of Water Resources (now Department of
13Natural Resources) by Document No. 89R028726, dated July 11,
141989 in County of McHenry, State of Illinois, description as
15follows:
16Lots 1, 11 and 12, in Block 3 and Lot 28 in Block 4, all in
17Holiday Hills Unit No. 3, being a subdivision of part of the
18West Half of Fractional Section 18, Township 44 North, Range 9
19East of the Third Principal Meridian, lying on the Easterly
20side of the Fox River, according to the plat thereof recorded
21September 26, 1955, as Document No. 298208, in Book 12 of
22Plats, Pages 52 and 53, in McHenry County, Illinois.
23A tract conveyed to the State of Illinois, Department of

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1Transportation, Division of Water Resources (now Department of
2Natural Resources) by Document No. 89R028725, dated August 31,
31989 in County of McHenry, State of Illinois, description as
4follows:
5Lot 2, Block 3, Holiday Hills Unit No. 3, being a subdivision
6of part of the West Half of Fractional Section 18, Township 44
7North, Range 9 East of the Third Principal Meridian, lying on
8the Easterly side of the Fox River, according to the plat
9thereof recorded September 26, 1955, as Document No. 298208, in
10Book 12 of Plats, Pages 52 and 53, in McHenry County, Illinois.
11A tract conveyed to the State of Illinois, Department of
12Transportation, Division of Water Resources (now Department of
13Natural Resources) by Document No. 89R032634, dated July 13,
141989 in County of McHenry, State of Illinois, description as
15follows:
16Lots 3 and 4, Block 3, Holiday Hills Unit No. 3, being a
17subdivision of part of the West Half of Fractional Section 18,
18Township 44 North, Range 9 East of the Third Principal
19Meridian, lying on the Easterly side of the Fox River,
20according to the plat thereof recorded September 26, 1955, as
21Document No. 298208, in Book 12 of Plats, Pages 52 and 53, in
22McHenry County, Illinois.

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1A tract conveyed to the State of Illinois, Department of
2Transportation, Division of Water Resources (now Department of
3Natural Resources) by Document No. 89R032632, dated July 11,
41989 in County of McHenry, State of Illinois, description as
5follows:
6Lot 5, Block 3, Holiday Hills Unit No. 3, being a subdivision
7of part of the West Half of Fractional Section 18, Township 44
8North, Range 9 East of the Third Principal Meridian, lying on
9the Easterly side of the Fox River, according to the plat
10thereof recorded September 26, 1955, as Document No. 298208, in
11Book 12 of Plats, Pages 52 and 53, in McHenry County, Illinois.
12A tract conveyed to the State of Illinois, Department of
13Transportation, Division of Water Resources (now Department of
14Natural Resources) by Document No. 89R028722, dated July 10,
151989 in County of McHenry, State of Illinois, description as
16follows:
17Lot 6, Block 3, Holiday Hills Unit No. 3, being a subdivision
18of part of the West Half of Fractional Section 18, Township 44
19North, Range 9 East of the Third Principal Meridian, lying on
20the Easterly side of the Fox River, according to the plat
21thereof recorded September 26, 1955, as Document No. 298208, in
22Book 12 of Plats, Pages 52 and 53, in McHenry County, Illinois.

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1A tract conveyed to the State of Illinois, Department of
2Transportation, Division of Water Resources (now Department of
3Natural Resources) by Judgement Order, Case No. 89ED3, dated
4March 30, 1990 in County of McHenry, State of Illinois,
5description as follows:
6Lot 7, Block 3, Holiday Hills Unit No. 3, being a subdivision
7of part of the West Half of Fractional Section 18, Township 44
8North, Range 9 East of the Third Principal Meridian, lying on
9the Easterly side of the Fox River, according to the plat
10thereof recorded September 26, 1955, as Document No. 298208, in
11Book 12 of Plats, Pages 52 and 53, in McHenry County, Illinois.
12A tract conveyed to the State of Illinois, Department of
13Transportation, Division of Water Resources (now Department of
14Natural Resources) by Document No. 89R028723, dated August 24,
151989 in County of McHenry, State of Illinois, description as
16follows:
17Lot 8, Block 3, Holiday Hills Unit No. 3, being a subdivision
18of part of the West Half of Fractional Section 18, Township 44
19North, Range 9 East of the Third Principal Meridian, lying on
20the Easterly side of the Fox River, according to the plat
21thereof recorded September 26, 1955, as Document No. 298208, in
22Book 12 of Plats, Pages 52 and 53, in McHenry County, Illinois.

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1A tract conveyed to the State of Illinois, Department of
2Transportation, Division of Water Resources (now Department of
3Natural Resources) by Document No. 89R032633, dated August 30,
41989 in County of McHenry, State of Illinois, description as
5follows:
6Lot 9, Block 3, Holiday Hills Unit No. 3, being a subdivision
7of part of the West Half of Fractional Section 18, Township 44
8North, Range 9 East of the Third Principal Meridian, lying on
9the Easterly side of the Fox River, according to the plat
10thereof recorded September 26, 1955, as Document No. 298208, in
11Book 12 of Plats, Pages 52 and 53, in McHenry County, Illinois.
12A tract conveyed to the State of Illinois, Department of
13Transportation, Division of Water Resources (now Department of
14Natural Resources) by Judgement Order, Case No. 89ED4, dated
15March 19, 1993 in County of McHenry, State of Illinois,
16description as follows:
17Lots 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 and 27, Block 4, all
18in Holiday Hills Unit No. 3, being a subdivision of part of the
19West Half of Fractional Section 18, Township 44 North, Range 9
20East of the Third Principal Meridian, lying on the Easterly
21side of the Fox River, according to the plat thereof recorded
22September 26, 1955, as Document No. 298208, in Book 12 of
23Plats, Pages 52 and 53, in McHenry County, Illinois.

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1A tract conveyed to the State of Illinois, Department of
2Transportation, Division of Water Resources (now Department of
3Natural Resources) by Document No. 89R028724, dated July 11,
41989 in County of McHenry, State of Illinois, description as
5follows:
6Lot 10, Block 3, Holiday Hills Unit No. 3, being a subdivision
7of part of the West Half of Fractional Section 18, Township 44
8North, Range 9 East of the Third Principal Meridian, lying on
9the Easterly side of the Fox River, according to the plat
10thereof recorded September 26, 1955, as Document No. 298208, in
11Book 12 of Plats, Pages 52 and 53, in McHenry County, Illinois.
12 Section 10. Conditions on transfer.
13 (a) The conveyances of real property authorized by Section
145 shall be made subject to: (1) existing public utilities,
15existing public roads, and any and all reservations, easements,
16encumbrances, covenants and restrictions of record; (2) the
17express condition that within one year after conveyance, the
18Fox Waterway Agency shall: sell the real property for no less
19than fair market value; use any proceeds from the sale to
20purchase of an alternate dredge material disposal site or sites
21for no more than fair market value; and transfer any proceeds
22remaining after the purchase of an alternate dredge material
23disposal site or sites to the Department of Natural Resources

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1for deposit into the General Revenue Fund; and (3) the
2requirements of subsection (b) of this Section.
3 (b) If, after one year following the conveyances of the
4real property under Section 5, the Fox Waterway Agency has
5failed to comply with the express condition set forth in item
6(2) of subsection (a), the real property shall revert to the
7State of Illinois, Department of Natural Resources, or, if
8applicable, the proceeds from the sale of the conveyed property
9shall be immediately transferred to the Department of Natural
10Resources for deposit into the General Revenue Fund. If any
11property purchased with proceeds from the sale of the conveyed
12property is not used as a dredged material disposal site within
132 years following the conveyances under Section 5 or if at any
14time the property ceases to be used for public purposes, the
15Fox Waterway Agency shall convey by quitclaim deed the property
16to the Department of Natural Resources for $1. As used in this
17Section, "fair market value" means the average of 3 appraisals
18plus the costs of obtaining the appraisals.
19 Section 15. The Director of Natural Resources shall obtain
20a certified copy of the portions of this Act containing the
21title, the enacting clause, the effective date, the appropriate
22Section or Sections containing the land descriptions of the
23property to be conveyed, and this Section within 60 days after
24its effective date and, upon receipt of the payment required by
25the Section or Sections, if any payment is required, shall

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1record the certified document in the Recorder's Office in the
2county in which the land is located.
3 Section 99. Effective date. This Act takes effect upon
4becoming law.
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