Bill Text: IL HB4075 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Provides that the Director of the Department of Natural Resources shall, subject to the conditions stated in the Act, convey by quit claim deed specified parcels of real property to Arcola, Arthur, Hindsboro, Lovington, Lovington Township, East Oakland Township, Bourbon Township, Douglas County, and Lowe Road District for $1 for each parcel subject to: the specified parcel of real property being included in a judgment in, or a settlement or resolution of litigation that is favorable to the State of Illinois or the Department of Natural Resources, as a party to the litigation, in one of 2 specified court cases in Moultrie County or Douglas County; each designated entity must first be given a written right of first refusal by the Department and then, in turn, give written notice to the Director that it will accept the conveyance and pay the $1 consideration. Provides that a parcel of real property shall not be conveyed so long as there is pending litigation concerning the ownership of that parcel. Provides that for parcels not subject to any litigation, the written right of first refusal shall be given within 30 days after the effective date and the conveyance made if the entity gives written notice to the Director of the Department of Natural Resources that it will accept the property and pay the $1 consideration. Provides that conveyances are made subject to existing utilities, roads, reservations, easements, covenants, and restrictions of record. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2009-08-11 - Public Act . . . . . . . . . 96-0316 [HB4075 Detail]

Download: Illinois-2009-HB4075-Enrolled.html

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AN ACT concerning property.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. Arcola conveyance. The Director of the
Department of Natural Resources, on behalf of the State of
Illinois, shall, pursuant to the conditions stated in Section
50, execute and deliver to the City of Arcola, an Illinois Unit
of Local Government, of the County of Douglas, State of
Illinois, for and in consideration of One Dollar ($1.00) paid
to said Department, a quit claim deed to the following
described real property, to wit:
All that part of the following described property lying
between Locust Street and Collins Street in the City of
Arcola, and all that part of the following described
property running from Jacques Street, in the City of
Arcola, in an easterly direction approximately two (2)
miles, to wit:
All those certain pieces or parcels of land and
premises, easements, rights-of-way and any other rights of
any kind whatsoever appurtenant thereto or used in
conjunction therewith on and along that portion of the
former Peoria Secondary Track of the Penn Central

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Corporation, as granted to The People of the State of
Illinois, Department of Conservation, by Quit Claim Deed
dated September 20, 1991, recorded in the Moultrie County
Recorder's Office as document #228680, recorded in the
Douglas County Recorder's Office in Deed Book 221 at Page
238, and recorded in the Coles County Recorder's Office in
Volume 771 at Page 209;
EXCEPT that part thereof required by the Illinois
Department of Transportation for the future widening of
Interstate 57.
Section 10. Arthur conveyance. The Director of the
Department of Natural Resources, on behalf of the State of
Illinois, shall, pursuant to the conditions stated in Section
50, execute and deliver to the Village of Arthur, an Illinois
Unit of Local Government, of the Counties of Douglas and
Moultrie, for and in consideration of One Dollar ($1.00) paid
to said Department, a quit claim deed to the following
described real property, to wit:
All that part of the following described property lying
westerly of the East line of the Northwest Quarter (NW 1/4)
of Section 30, Township 15 North, Range 7 East of the Third
Principal Meridian, Douglas County, Illinois, as extended
across the former right-of-way of the abandoned Penn

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Central Railroad, and easterly of the West right of way
line of Glasgow Street in the Village of Arthur, Moultrie
County, Illinois, as extended across said railroad
right-of-way, to wit:
Part of Section 25 Township 15 North, Range 6 East of
the Third Principal Meridian, Moultrie County, Illinois
and part of Section 30, Township 15 North, Range 7 East of
the Third Principal Meridian, Douglas County, Illinois,
being all those certain pieces or parcels of land and
premises, easements, rights-of-way and any other rights of
any kind whatsoever appurtenant thereto or used in
conjunction therewith on and along that portion of the
former Peoria Secondary Track of the Penn Central
Corporation, lying within said Sections 25 and 30, as
granted to The People of the State of Illinois, Department
of Conservation, by Quit Claim Deed dated September 20,
1991, recorded in the Moultrie County Recorder's Office as
document #228680, recorded in the Douglas County
Recorder's Office in Deed Book 221 at Page 238, and
recorded in the Coles County Recorder's Office in Volume
771 at Page 209.
Section 15. Hindsboro conveyance. The Director of the
Department of Natural Resources, on behalf of the State of
Illinois, shall, pursuant to the conditions stated in Section

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50, execute and deliver to the Village of Hindsboro, an
Illinois Unit of Local Government, of the County of Douglas,
State of Illinois, for and in consideration of One Dollar
($1.00) paid to said Department, a quit claim deed to the
following described real property, to wit:
All that part of the following described property lying
within the limits of the Village of Hindsboro, to wit:
All those certain pieces or parcels of land and
premises, easements, rights-of-way and any other rights of
any kind whatsoever appurtenant thereto or used in
conjunction therewith on and along that portion of the
former Peoria Secondary Track of the Penn Central
Corporation, as granted to The People of the State of
Illinois, Department of Conservation, by Quit Claim Deed
dated September 20, 1991, recorded in the Moultrie County
Recorder's Office as document #228680, recorded in the
Douglas County Recorder's Office in Deed Book 221 at Page
238, and recorded in the Coles County Recorder's Office in
Volume 771 at Page 209.
Section 20. Lovington conveyance. The Director of the
Department of Natural Resources, on behalf of the State of
Illinois, shall, pursuant to the conditions stated in Section
50, execute and deliver to the Village of Lovington, an

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Illinois Unit of Local Government, of the County of Moultrie,
State of Illinois, for and in consideration of One Dollar
($1.00) paid to said Department, a quit claim deed to the
following described real property, to wit:
All that part of the following described property
running from the Illinois Route 32 river bridge, eastward
through Lovington and to the East line of Lovington
Township, to wit:
All those certain pieces or parcels of land and
premises, easements, rights-of-way and any other rights of
any kind whatsoever appurtenant thereto or used in
conjunction therewith on and along that portion of the
former Peoria Secondary Track of the Penn Central
Corporation, as granted to The People of the State of
Illinois, Department of Conservation, by Quit Claim Deed
dated September 20, 1991, recorded in the Moultrie County
Recorder's Office as document #228680, recorded in the
Douglas County Recorder's Office in Deed Book 221 at Page
238, and recorded in the Coles County Recorder's Office in
Volume 771 at Page 209.
Section 25. Lovington Township conveyance. The Director of
the Department of Natural Resources, on behalf of the State of
Illinois, shall, pursuant to the conditions stated in Section
50, execute and deliver to Lovington Township, an Illinois Unit

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of Local Government, of the County of Moultrie, State of
Illinois, for and in consideration of One Dollar ($1.00) paid
to said Department, a quit claim deed to the following
described real property, to wit:
All that part of the following described property
running from Washington Street to Broadway Street in the
Village of Lovington, and all that part of the following
described property running from County Road 700 East,
eastwardly approximately 600 feet, to wit:
All those certain pieces or parcels of land and
premises, easements, rights-of-way and any other rights of
any kind whatsoever appurtenant thereto or used in
conjunction therewith on and along that portion of the
former Peoria Secondary Track of the Penn Central
Corporation, as granted to The People of the State of
Illinois, Department of Conservation, by Quit Claim Deed
dated September 20, 1991, recorded in the Moultrie County
Recorder's Office as document #228680, recorded in the
Douglas County Recorder's Office in Deed Book 221 at Page
238, and recorded in the Coles County Recorder's Office in
Volume 771 at Page 209.
Section 30. East Oakland Township conveyance. The Director
of the Department of Natural Resources, on behalf of the State
of Illinois, shall, pursuant to the conditions stated in
Section 50, execute and deliver to East Oakland Township, an

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Illinois Unit of Local Government, of the County of Coles,
State of Illinois, for and in consideration of One Dollar
($1.00) paid to said Department, a quit claim deed to the
following described real property, to wit:
All that part of the following described property
running from Main Street in Oakland, westerly to County
Road 2300 East, to wit:
All those certain pieces or parcels of land and
premises, easements, rights-of-way and any other rights of
any kind whatsoever appurtenant thereto or used in
conjunction therewith on and along that portion of the
former Peoria Secondary Track of the Penn Central
Corporation, as granted to The People of the State of
Illinois, Department of Conservation, by Quit Claim Deed
dated September 20, 1991, recorded in the Moultrie County
Recorder's Office as document #228680, recorded in the
Douglas County Recorder's Office in Deed Book 221 at Page
238, and recorded in the Coles County Recorder's Office in
Volume 771 at Page 209.
Section 35. Bourbon Township conveyance. The Director of
the Department of Natural Resources, on behalf of the State of
Illinois, shall, pursuant to the conditions stated in Section
50, execute and deliver to Bourbon Township, an Illinois Unit

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of Local Government, of the County of Douglas, State of
Illinois, for and in consideration of One Dollar ($1.00) paid
to said Department, a quit claim deed to the following
described real property, to wit:
All that part of the following described property
located within the limits of Bourbon Township, to wit:
All those certain pieces or parcels of land and
premises, easements, rights-of-way and any other rights of
any kind whatsoever appurtenant thereto or used in
conjunction therewith on and along that portion of the
former Peoria Secondary Track of the Penn Central
Corporation, as granted to The People of the State of
Illinois, Department of Conservation, by Quit Claim Deed
dated September 20, 1991, recorded in the Moultrie County
Recorder's Office as document #228680, recorded in the
Douglas County Recorder's Office in Deed Book 221 at Page
238, and recorded in the Coles County Recorder's Office in
Volume 771 at Page 209.
ALSO,
That tract or parcel of land previously conveyed from
Lorenzo S. Stewart and his wife to the People of the State
of Illinois, Department of Conservation, by Warranty Deed
recorded in the Recorder's Office of Douglas County,
Illinois, on March 12, 1992, in Book 223 of Deeds at page

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135, as Document No. 188627, said tract or parcel being
described as follows:
That portion of the Penn Central Corporations's Peoria
Secondary Line of Railroad (now abandoned) lying between
the centerline of Bourbon Road (Station No. 3093 + 20) and
the East line of Section 35, Township 15 North, Range 7
East of the Third Principal Meridian (Station No. 3079 +
75), containing 3.86 acres, more or less, and being a part
of the Southeast Quarter of said Section 35.
ALSO,
That permanent irrevocable easement previously
conveyed from OKAW Buildings, Inc., an Illinois
Corporation, to the People of the State of Illinois,
Department of Conservation, by Deed Granting Easement
recorded October 24, 1994, in the Recorder's Office of
Douglas County, Illinois, in Book 346 of Records at page
346, as Document No. 198983, over, under, upon and along
the following described real estate for the purpose of
constructing, maintaining, repairing and operating the
Prairie Wind State Trail, to wit:
GENERAL DESCRIPTION: The Easterly 75 feet, and the
Northerly 20 feet of the following described tract of land:
All that parcel of land situate in the Township of
Bourbon, County of Douglas, State of Illinois, being part

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of the Southeast Quarter of the Northwest Quarter of
Section 35, Township 15 North, Range 7 East of the Third
Principal Meridian, and being all of the right, title and
interest of the Grantor herein and to all those certain
pieces or parcels of land and premises, easements,
right-of-way and any other rights of any kind whatsoever
appurtenant to or used in conjunction therewith on and
along that portion of the former Peoria Secondary of the
Penn Central Corporation, described as follows: Beginning
at the West line of said Southeast Quarter of the Northwest
Quarter of Section 35 as extended across the right-of-way
of said Peoria Secondary through a point in the centerline
thereof at Railroad Valuation Station 3119+55, the same
being within the limits of East Street; thence extending in
a Southeasterly direction along the centerline of said
railroad a distance of 777 feet, more or less, to a line
coincident with the Easterly face of the backwall for
Bridge No. 58/86 as extended across the right-of-way of
said Peoria Secondary through a point in the centerline
thereof at Railroad Valuation Station 3111+80, the same
being the place of ending, situated in the County of
Douglas, in the State of Illinois;
DETAIL DESCRIPTION: Part of the Southeast Quarter of
the Northwest Quarter of Section 35, Township 15 North,
Range 7 East of the Third Principal Meridian, more
particularly described as follows:

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Commencing at the Northwest corner of Lot 9, Rork's
Subdivision, Chesterville, Illinois; thence South 74
degrees 20 minutes 00 seconds East (an assumed bearing) on
the Southerly right-of-way line of the former Peoria
Secondary of the Penn Central Corporation, 520.52 feet to a
point on the West line of the Southeast Quarter of the
Northwest Quarter of said Section 35; thence North 00
degrees 00 minutes 00 seconds East on the West line of said
Southeast Quarter of the Northwest Quarter, 31.24 feet to
the Point of Beginning; thence from said Point of
Beginning, North 00 degrees 00 minutes 00 seconds East on
the West line of said Southeast Quarter of the Northwest
Quarter, 20.68 feet to a point on the Northerly
right-of-way line of the former Peoria Secondary of the
Penn Central Corporation; thence South 74 degrees 20
minutes 00 seconds East on said Northerly right-of-way
line, 758.47 feet to a point; thence South 15 degrees 40
minutes 00 seconds West, 50.00 feet to a point on the
Southerly right-of-way line of the former Peoria Secondary
of the Penn Central Corporation; thence North 74 degrees 20
minutes 00 seconds West on said Southerly right-of-way
line, 75.00 feet to a point; thence North 15 degrees 40
minutes 00 seconds East, 30.00 feet to a point; thence
North 74 degrees 20 minutes 00 seconds West, 677.88 feet to
the Point of Beginning, containing 0.40 acres, more or
less, all situated in the County of Douglas, in the State

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of Illinois.
ALSO,
Three (3) Tracts of land previously conveyed from
Robert D. Stewart and wife to the People of the State of
Illinois, Department of Conservation, by Warranty Deed
recorded in the Recorder's Office of Douglas County,
Illinois, on March 8, 1993, in Book 287 of Records at page
242, as Document 192675, said Tracts being described as
follows:
Tract I:
All that strip or parcel of land, 100 feet wide,
situate in the Township of Bourbon, County of Douglas,
State of Illinois, being part of the Northeast Quarter and
part of the Northwest Quarter of Section 34, Township 15
North, Range 7 East of the Third Principal Meridian and
being that portion of the former Peoria Secondary of the
Penn Central Corporation further bounded and described
according to a plan of survey made by W. Justin Grady,
Registered Land Surveyor No. 2259, dated November 6, 1990,
as follows: Beginning at the intersection of the South
Right of Way Line of said Peoria Secondary with the East
Line of said Section 34; thence Northwesterly along said
South Right of Way Line on an Azimuth of 285 degrees 03
minutes, a distance of 3,402.62 feet; thence North crossing

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said property to the North Right of Way Line of said Peoria
Secondary along a line on an Azimuth of 0 degrees 00
minutes, a distance of 103.60 feet; thence Southeasterly
along said North Right of way Line on an Azimuth of 105
degrees 03 minutes, a distance of 3,402.62 feet; thence
South along the East Line of said Section 34 on an Azimuth
of 180 degrees 00 minutes, a distance of 103.60 feet to the
point of beginning.
Tract II:
All that parcel of land situate in the Village of
Chesterville, County of Douglas, State of Illinois, being
part of the Southwest Quarter of the Northwest Quarter of
Section 35, Township 15 North, Range 7 East of the Third
Principal Meridian and being all of the right, title and
interest of the Grantor herein and to all those certain
pieces of parcels of land and premises, easements, rights
of way and any other rights of any kind whatsoever
appurtenant thereto or used in conjunction therewith on and
along that portion of the former Peoria Secondary Track of
the Penn Central Corporation, described as follows:
Beginning at the West line of said Section 35 as extended
across the right of way of said Peoria Secondary through a
point in the centerline thereof at Railroad Valuation
Station 3133+10, more or less, thence extending in a
Southeasterly direction along the centerline of said
railroad a distance of 790 feet, more or less, to the

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centerline of the first north/south thru street as extended
across the right of way of said Peoria Secondary through a
point in the centerline thereof at Railroad Valuation
Station 3125+20, the place of ending.
Tract III:
Lot 13 of original town of Chesterville, Douglas
County, Illinois.
Section 40. City of Oakland conveyance. The Director of the
Department of Natural Resources, on behalf of the State of
Illinois, shall, pursuant to the conditions stated in Section
50, execute and deliver to City of Oakland, an Illinois Unit of
Local Government, of the County of Coles for and in
consideration of One Dollar ($1.00) paid to said Department, a
quit claim deed to the following described real property, to
wit:
All that part of the following described property
situated in Coles County, Illinois, to wit:
All those certain pieces or parcels of land and
premises, easements, rights-of-way and any other rights of
any kind whatsoever appurtenant thereto or used in
conjunction therewith on and along that portion of the
former Peoria Secondary Track of the Penn Central
Corporation, as granted to The People of the State of

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Illinois, Department of Conservation, by Quit Claim Deed
dated September 20, 1991, recorded in the Moultrie County
Recorder's Office as document #228680, recorded in the
Douglas County Recorder's Office in Deed Book 221 at Page
238, and recorded in the Coles County Recorder's Office in
Volume 771 at Page 209.
Section 45. Lowe Road District conveyance. The Director of
the Department of Natural Resources, on behalf of the State of
Illinois, shall, pursuant to the conditions stated in Section
50, execute and deliver to Lowe Road District, an Illinois Unit
of Local Government, of the County of Moultrie, State of
Illinois, for and in consideration of One Dollar ($1.00) paid
to said Department, a quit claim deed to the following
described real property, to wit:
Three (3) parcels in Lowe Township, one parcel starting
at the East side of Section 28 and running westerly
approximately 726 feet, another parcel running from one end
of Williamsburg to the other, and another parcel in Section
27 behind Effingham Equity Fertilizer Plant, said parcels
being parts of the following described property, to wit:
All those certain pieces or parcels of land and
premises, easements, rights-of-way and any other rights of
any kind whatsoever appurtenant thereto or used in

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conjunction therewith on and along that portion of the
former Peoria Secondary Track of the Penn Central
Corporation, as granted to The People of the State of
Illinois, Department of Conservation, by Quit Claim Deed
dated September 20, 1991, recorded in the Moultrie County
Recorder's Office as document #228680, recorded in the
Douglas County Recorder's Office in Deed Book 221 at Page
238, and recorded in the Coles County Recorder's Office in
Volume 771 at Page 209.
Section 50. Restrictions and conditions.
(a) For a parcel of real property described in Section 5,
10, 15, 20, 25, 30, 35, 40, or 45, that is not subject to any
litigation, the entity designated to receive real property
described in that Section shall within 30 days after the
effective date of this Act receive from the Department of
Natural Resources a written notice of first refusal to receive
that property and if the entity designated to receive real
property described in that Section then gives written notice to
the Director of the Department of Natural Resources that the
entity will accept the described real property as grantee and
will tender the consideration of $1.00, the conveyance of the
parcel of real property shall be made pursuant to the
applicable Section and Section 55 and subject to existing
public utilities, existing public roads, and any and all
reservations, easements, covenants and restrictions of record.

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(b) The conveyance of a parcel of real property authorized
by Section 5, 10, 15, 20, 25, 30, 35, 40, or 45, shall be made
as follows: if the property described in the appropriate
Section is included in whole or in part in a judgment in, or a
settlement or other resolution of litigation that is favorable
to the State of Illinois or the Department of Natural
Resources, as a party, concerning the property described in the
respective Section of this Act in the case of: Ag Farms, Inc.
v. American Premier Underwriters and the Illinois Department of
Natural Resources (2002-MR-6) in Moultrie County; or Hemingway
v. American Premier Underwriters the Illinois Department of
Natural Resources (97-MR-5) in Douglas County, then the entity
designated to receive real property described in that Section
shall receive, within 60 days after the conclusion of that
litigation as to that parcel of property, from the Department
of Natural Resources a written notice of first refusal to
receive that property upon the conclusion, as to that parcel of
property, of that litigation if the entity designated to
receive real property described in that Section gives written
notice to the Director of the Department of Natural Resources
that the entity will accept the described real property as
grantee and will tender the consideration of $1.00; provided
that the conveyance is made subject to existing public
utilities, existing public roads, and any and all reservations,
easements, encumbrances, covenants and restrictions of record.
(c) Notwithstanding other provisions of this Act, for each

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Section, the parcel of real property described in that Section
shall not be conveyed so long as there is pending any
litigation concerning the ownership of that parcel of property.
Section 55. The Director of Natural Resources shall obtain
a certified copy of the portions of this Act containing the
title, the enacting clause, the restrictions and conditions on
the property to be conveyed, the effective date, the
appropriate Section containing the land description of the
property to be conveyed, and this Section, within 60 days after
the entity designated as the grantee of the real property
described in the appropriate Section has delivered a written
notice to the Director of Natural Resources that states that
the entity will accept the described property as grantee and
will pay the consideration of $1.00 and, upon receipt of the
payment required by the Section, shall record the certified
document in the Recorder's Office in the County in which the
land is located.
Section 99. Effective date. This Act takes effect upon
becoming law.