Public Act 0126 104TH GENERAL ASSEMBLY

SB1909 Enrolled LRB104 09445 JRC 19505 b

Public Act 104-0126

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Eminent Domain Act is amended by adding Section 25-5-140 as follows:

(735 ILCS 30/25-5-140 new)

Sec. 25-5-140. Quick-take; Kane County Division of Transportation. Quick-take proceedings under Article 20 may be used for a period of 12 months after the effective date of this amendatory Act of the 104th General Assembly by the Kane County Division of Transportation for the acquisition of the following described property for the purpose of intersection realignment and separation improvement.

That part of Lot 2 in Winterland Subdivision, being a subdivision in the Southwest Quarter of Section 33, Township 41 North, Range 8 East of the Third Principal Meridian, according to the plat thereof recorded May 11, 2001 as document no. 2001K044295 in Kane County, Illinois, bearings and distances based on the Illinois State Plane Coordinate System, East Zone, NAD 83 (2011 Adjustment), with a combined scale factor of 0.9999369004, being described as follows:

Beginning at the southwest corner of said Lot 2; thence northerly along the west line of said Lot 2, being a 43,070.80 radius curve, concave westerly an arc distance of 25.38 (the chord bears North 01 degree 19 minutes 07 seconds West, 25.38 feet), said west line also being the east right-of-way line of Randall Road (A.K.A. County Highway 34); thence North 01 degree 29 minutes 37 seconds West, 217.77 feet (218.00 feet record) along said west line of Lot 2 to a point on a 34,332.50 foot radius curve, concave easterly; thence northerly along said curve and west line 62.19 feet (62.12 feet record) the chord bears North 01 degree 27 minutes 22 seconds West, 62.19 feet (62.12 feet record) to the northwest corner of said Lot 2; thence South 89 degrees 59 minutes 23 seconds East, 11.00 feet along the north line of said Lot 2 to a point on line 11.00 east of and parallel with said west line of Lot 2, being a 34,321.50 foot radius curve, concave easterly; thence southerly along said curve 61.90 feet (the chord bears South 01 degree 27 minutes 23 seconds East, 61.90 feet) along said parallel line; thence South 01 degree 29 minutes 37 seconds East, 217.78 feet along said parallel line to a point on a 43,081.80 foot radius curve, concave westerly; thence southerly along said curve 25.39 feet (the chord bears South 01 degree 19 minutes 07 seconds East, 25.39 feet) along said parallel line to a point on the south line of said Lot 2; thence South 88 degrees 39 minutes 23 seconds West, 11.00 feet along said south line to the point of beginning.

Said parcel containing 0.077 acres, more or less.

That part of Lot 4 in Winterland Subdivision, being a subdivision in the Southwest Quarter of Section 33, Township 41 North, Range 8 East of the Third Principal Meridian, according to the plat thereof recorded May 11, 2001 as document no. 2001K044295 in Kane County, Illinois, bearings and distances based on the Illinois State Plane Coordinate System, East Zone, NAD 83 (2011 Adjustment), with a combined scale factor of 0.9999369004, being described as follows:

Beginning at the northwest corner of said Lot 4; thence North 88 degrees 52 minutes 44 seconds East, 40.00 feet along the north line of said Lot 4; thence South 32 degrees 46 minutes 19 seconds West, 52.02 feet to a point on a line 11.00 feet east of and parallel with said west line of Lot 4, being a 34,321.50 foot radius curve, concave easterly; thence southerly along said curve 157.00 feet (the chord bears South 01 degree 16 minutes 25 seconds East, 157.00 feet) to a point on the south line of said Lot 4; thence North 89 degrees 59 minutes 23 seconds West, 11.00 feet along said south line to the southwest corner of said Lot 4; thence northerly along said west line of Lot 4, said west line also being the east right-of-way line of Randall Road (A.K.A. County Highway 34) and being a 34,332.50 foot radius curve, concave easterly an arc distance of 199.97 feet (the chord bears North 01 degree 14 minutes 14 seconds West, 199.97 feet) to the point of beginning.

Said parcel containing 0.065 acres, more or less.

That part of Lot 4 in Winterland Subdivision, being a subdivision in the Southwest Quarter of Section 33, Township 41 North, Range 8 East of the Third Principal Meridian, according to the plat thereof recorded May 11, 2001 as document no. 2001K044295 in Kane County, Illinois, bearings and distances based on the Illinois State Plane Coordinate System, East Zone, NAD 83 (2011 Adjustment), with a combined scale factor of 0.9999369004, being described as follows:

Commencing at the northeast corner of said Lot 4; thence South 88 degrees 52 minutes 44 seconds West, 122.00 feet along the north line of said Lot 4 to the point of beginning; thence South 01 degree 07 minutes 16 seconds East, 5.00 feet to a point on a line 5.00 feet south of and parallel with the said north line of Lot 4; thence South 88 degrees 52 minutes 44 seconds West, 41.00 feet along said parallel line; thence North 01 degree 07 minutes 16 seconds West, 5.00 feet to a point on said north line of Lot 4; thence North 88 degrees 52 minutes 44 seconds East, 41.00 feet along said north line to the point of beginning.

Said temporary easement containing 0.005 acres or 205 square feet, more or less.

That part of Lot 2 in Panko's Subdivision, being a subdivision in the Southwest Quarter of Section 33, Township 41 North, Range 8 East of the Third Principal Meridian, according to the plat thereof recorded November 6, 2003 as document no. 2003K195732 in Kane County, Illinois, bearings and distances based on the Illinois State Plane Coordinate System, East Zone, NAD 83 (2011 Adjustment), with a combined scale factor of 0.9999369004, being described as follows:

Commencing at the southeast corner of said Lot 2; thence South 88 degrees 52 minutes 44 seconds West, 142.50 feet along the south line of said Lot 2 to the point of beginning; thence continuing South 88 degrees 52 minutes 44 seconds West, 134.05 feet along said south line; thence North 01 degree 02 minutes 08 seconds East, 5.00 feet along said south line; thence North 80 degrees 02 minutes 54 seconds West, 20.84 feet along said south line; thence North 88 degrees 52 minutes 44 seconds East, 154.32 feet; thence South 01 degree 07 minutes 16 seconds East, 9.00 feet to the point of beginning.

Said parcel containing 0.029 acres, more or less.

That part of Lot 2 in Panko's Subdivision, being a subdivision in the Southwest Quarter of Section 33, Township 41 North, Range 8 East of the Third Principal Meridian, according to the plat thereof recorded November 6, 2003 as document no. 2003K195732 in Kane County, Illinois, bearings and distances based on the Illinois State Plane Coordinate System, East Zone, NAD 83 (2011 Adjustment), with a combined scale factor of 0.9999369004, being described as follows:

Commencing at the southeast corner of said Lot 2; thence South 88 degrees 52 minutes 44 seconds West, 142.50 feet along the south line of said Lot 2; thence North 01 degree 07 minutes 16 seconds West, 9.00 feet to the point of beginning; thence South 88 degrees 52 minutes 44 seconds West, 154.32 feet to a point on the south line of said Lot 2; thence North 80 degrees 02 minutes 54 seconds West, 28.64 feet along said south line; thence North 88 degrees 52 minutes 44 seconds East, 59.85 feet; thence North 04 degrees 00 minutes 18 seconds West, 5.00 feet; thence South 88 degrees 05 minutes 42 seconds East, 123.00 feet; thence South 01 degree 07 minutes 16 seconds East, 4.00 feet to the point of beginning.

Said temporary easement containing 0.026 acres, more or less.

That part of the Southeast Quarter of Section 32, Township 41 North, Range 8 East of the Third Principal Meridian in Kane County, Illinois, bearings and distances based on the Illinois State Plane Coordinate System, East Zone, NAD 83 (2011 Adjustment), with a combined scale factor of 0.9999369004, being described as follows:

Commencing at the northeast corner of said Southeast Quarter of Section 32; thence South 00 degrees 00 minutes 17 seconds East, 766.95 feet along the east line of said Southeast Quarter of Section 32 to a point on the southerly line of the 200.00 foot right-of-way of the Canadian National Railroad (A.K.A. The Illinois Central Gulf Railroad and The Chicago Central and Pacific Railroad), said point being the point of beginning; thence North 56 degrees 57 minutes 22 seconds West, 109.47 feet along said southerly line to a point on a line 63.00 feet west of and parallel with the centerline of right-of-way as platted and described by document no. 780936, recorded May 27, 1955; thence North 00 degrees 05 minutes 18 seconds West, 107.47 feet along said parallel line to a point on a line 90.00 feet north of and parallel with said southerly line of the 200.00 foot right-of-way of the Canadian National Railroad; thence South 56 degrees 57 minutes 22 seconds East, 109.66 feet along said parallel line to a point on said east line of said Southeast Quarter of Section 32; thence South 00 degrees 00 minutes 17 seconds East, 107.37 feet along said east line to the point of beginning.

Said parcel containing 0.226 acres, more or less.

That part of the Southeast Quarter of Section 32, Township 41 North, Range 8 East of the Third Principal Meridian in Kane County, Illinois, bearings and distances based on the Illinois State Plane Coordinate System, East Zone, NAD 83 (2011 Adjustment), with a combined scale factor of 0.9999369004, being described as follows:

Commencing at the northeast corner of said Southeast Quarter of Section 32; thence South 00 degrees 00 minutes 17 seconds East, 528.35 feet along the east line of said Southeast Quarter of Section 32 to a point on the northerly line of the 200.00 foot right-of-way of the Canadian National Railroad (A.K.A. The Illinois Central Gulf Railroad and The Chicago Central and Pacific Railroad), said point being the point of beginning; thence continuing South 00 degrees 00 minutes 17 seconds East, 35.79 feet along said east line to a point on a line 30.00 feet south of and parallel with said northerly line of the 200.00 foot right-of-way of the Canadian National Railroad; thence North 56 degrees 57 minutes 22 seconds West, 109.83 feet along said parallel line to a point on a line 63.00 feet west of and parallel with the centerline of right-of-way as platted and described by document no. 780936, recorded May 27, 1955; thence North 00 degrees 05 minutes 18 seconds West, 35.82 feet along said parallel line to a point on said northerly line of the 200.00 foot right-of-way of the Canadian National Railroad; thence South 56 degrees 57 minutes 22 seconds East, 109.89 feet along said northerly line to the point of beginning.

Said parcel containing 0.076 acres, more or less.

That part of the Southeast Quarter of Section 32, Township 41 North, Range 8 East of the Third Principal Meridian in Kane County, Illinois, bearings and distances based on the Illinois State Plane Coordinate System, East Zone, NAD 83 (2011 Adjustment), with a combined scale factor of 0.9999369004, being described as follows:

Commencing at the northeast corner of said Southeast Quarter of Section 32; thence South 00 degrees 00 minutes 17 seconds East, 528.35 feet along the east line of said Southeast Quarter of Section 32 to a point on the northerly line of the 200.00 foot right-of-way of the Canadian National Railroad (A.K.A. The Illinois Central Gulf Railroad and The Chicago Central and Pacific Railroad); thence North 56 degrees 57 minutes 22 seconds West, 82.42 feet along said northerly line to a point on the west right-of-way line of Randall Road (A.K.A. County Highway 34) as dedicated by document no. 780936, recorded May 27, 1955, said point being the point of beginning; thence North 56 degrees 57 minutes 22 seconds West, 27.47 feet along said northerly line to a point on a line 23.00 feet west of and parallel with said west right-of-way line of Randall Road; thence North 00 degrees 05 minutes 18 seconds West, 137.33 feet along said parallel line to a point on a line 115.00 feet northerly of and parallel with said northerly line of the 200.00 foot right-of-way of the Canadian National Railroad; thence South 56 degrees 57 minutes 22 seconds East, 27.47 feet along said parallel line to a point on said west right-of-way line of Randall Road; thence South 00 degrees 05 minutes 18 seconds East, 137.33 feet along said west right-of-way line to the point of beginning.

Said permanent easement containing 0.073 acres, more or less.

That part of the Southeast Quarter and Northeast Quarter of Section 32, Township 41 North, Range 8 East of the Third Principal Meridian in Kane County, Illinois, bearings and distances based on the Illinois State Plane Coordinate System, East Zone, NAD 83 (2011 Adjustment), with a combined scale factor of 0.9999369004, being described as follows:

Commencing at the southeast corner of said Northeast Quarter of Section 32; thence North 00 degrees 19 minutes 41 seconds East, 29.61 feet along the east line of said Southeast Quarter of Section 32 to a point on the north line of the south 29.60 feet of said Northeast Quarter of Section 32; thence South 88 degrees 45 minutes 58 seconds West, 59.02 feet along said north line of the south 29.60 feet of the Northeast Quarter to a point on the original west right-of-way line of Randall Road (A.K.A. County Highway 34), said point being the point of beginning; thence South 00 degrees 05 minutes 18 seconds East, 119.14 feet along said original west right-of-way line of Randall Road to a point on the west right-of-way line of Randall Road as dedicated by document no. 780936 recorded May 27, 1955, said west right-of-way line being a 1,677.28 foot radius curve, concave easterly; thence southerly along said curve and west right-of-way line 192.20 feet (the chord bears South 03 degrees 11 minutes 40 seconds West, 192.09 feet); thence South 00 degrees 05 minutes 18 seconds East, 63.48 feet along said west right-of-way line to a point on a line 115.00 feet northerly of and parallel with said northerly line of the 200.00 foot right-of-way of the Canadian National Railroad (A.K.A. The Illinois Central Gulf Railroad and The Chicago Central and Pacific Railroad); thence North 56 degrees 57 minutes 22 seconds West, 27.47 feet along said parallel line to a point on a line 63.00 feet west of and parallel with the centerline of right-of-way as platted and described by said document no. 780936; thence North 00 degrees 05 minutes 18 seconds West, 48.46 feet along said parallel line to a point on a 1,700.28 foot radius curve, concave easterly; thence northerly along said curve and parallel line 264.27 feet (the chord bears North 04 degrees 21 minutes 51 seconds East, 264.00 feet); thence North 81 degrees 11 minutes 00 seconds West, 36.00 feet to a point on a line 99.00 feet west of and parallel with the centerline of right-of-way as platted and described by said document no. 780936, being a 1,736.28 foot radius curve, concave easterly; thence northerly along said curve and parallel line 41.88 feet (the chord bears North 09 degrees 30 minutes 29 seconds East, 41.88 feet) to a point on said north line of the south 29.60 feet of said Northeast Quarter of Section 32; thence North 88 degrees 45 minutes 34 seconds East, 42.10 feet along said north line to the point of beginning.

Said parcel containing 0.209 acres, more or less.

That part of the Southeast Quarter and Northeast Quarter of Section 32, Township 41 North, Range 8 East of the Third Principal Meridian in Kane County, Illinois, bearings and distances based on the Illinois State Plane Coordinate System, East Zone, NAD 83 (2011 Adjustment), with a combined scale factor of 0.9999369004, being described as follows:

Commencing at the southeast corner of said Northeast Quarter of Section 32; thence North 00 degrees 19 minutes 41 seconds East, 29.61 feet along the east line of said Southeast Quarter of Section 32 to a point on the north line of the south 29.60 feet of said Northeast Quarter of Section 32; thence South 88 degrees 45 minutes 34 seconds West, 101.12 feet along said north line of the south 29.60 feet of the Northeast Quarter to a point on a line 99.00 feet west of and parallel with the centerline of right-of-way as platted and described by document no. 780936 recorded May 27, 1955, being a 1,736.28 foot radius curve, concave easterly, said point being the point of beginning; thence southerly along said curve and parallel line 41.88 feet (the chord bears South 09 degrees 30 minutes 29 seconds West, 41.88 feet); thence South 81 degrees 11 minutes 00 seconds East, 36.00 feet to a point on a line 63.00 feet west of and parallel with said centerline of right-of-way platted and described by said document no. 780936, said parallel line being a 1,700.28 foot radius curve, concave easterly; thence southerly along said curve and parallel line 6.00 feet (the chord bears South 08 degrees 42 minutes 57 seconds West, 6.00 feet); thence North 81 degrees 11 minutes 00 seconds West, 46.00 feet to a point on a line 109.00 feet west of and parallel with said centerline of right-of-way, being a 1,746.28 foot radius curve, concave easterly; thence northerly along said curve and parallel line 46.10 feet (the chord bears North 09 degrees 22 minutes 35 seconds East, 46.10 feet) to a point on said north line of the south 29.60 feet of said Northeast Quarter of Section 32; thence North 88 degrees 45 minutes 34 seconds East, 10.20 feet along said north line to the point of beginning.

Said temporary easement containing 0.016 acres, more or less.

That part of Lot "A" in Fox Ridge Townhomes Subdivision, being a subdivision in the Northwest Quarter of Section 33, Township 41 North, Range 8 East of the Third Principal Meridian, according to the plat thereof recorded October 19, 1998 as document no. 98K096197 in Kane County, Illinois, bearings and distances based on the Illinois State Plane Coordinate System, East Zone, NAD 83 (2011 Adjustment), with a combined scale factor of 0.9999369004, being described as follows:

Beginning at the southwest corner of said Lot "A"; thence northerly along the westerly line of said Lot "A", said westerly line also being the easterly right-of-way line of Randall Road (A.K.A. County Highway 34) and being a 1,870.08 foot radius curve, concave southwesterly an arc distance of 819.75 feet (820.44 feet and 820.45 feet record) the chord bears North 21 degrees 52 minutes 55 seconds East, 813.20 feet to a point on a 1,597.28 foot radius curve (1,597.28 feet and 1,590.54 feet record), concave southwesterly; thence northerly along said curve and westerly line 175.78 feet (175.96 feet and 172.58 feet record) the chord bears North 43 degrees 36 minutes 14 seconds East, 175.69 feet; thence North 46 degrees 45 minutes 24 seconds East, 95.81 feet (94.10 feet and 94.65 feet record) to the northeast corner of said Lot "A"; thence South 00 degrees 22 minutes 14 seconds West, 13.78 feet along the east line of said Lot "A"; thence South 40 degrees 45 minutes 53 seconds West, 231.44 feet (13.78 feet record) to a point on a 1,754.00 foot radius curve, concave southwesterly; thence southerly along said curve 621.57 feet (the chord bears south 27 degrees 13 minutes 55 seconds West, 618.32 feet); thence South 74 degrees 00 minutes 44 seconds East, 12.25 feet to a point on a 1,845.08 foot radius curve, concave westerly; thence southerly along said curve 210.00 feet (the chord bears south 12 degrees 43 minutes 38 seconds West, 209.89 feet) to a point on the south line of said Lot "A"; thence South 88 degrees 55 minutes 06 seconds West, 25.42 feet along said south line to the point of beginning.

Said parcel containing 0.531 acres, more or less.

That part of the Northwest Quarter of Section 33, Township 41 North, Range 8 East of the Third Principal Meridian in Kane County, Illinois, bearings and distances based on the Illinois State Plane Coordinate System, East Zone, NAD 83 (2011 Adjustment), with a combined scale factor of 0.9999369004, being described as follows:

Beginning at a point of intersection with the north line of said Northwest Quarter of Section 33 and the west right-of-way line of Randall Road (A.K.A. County Highway 34) as acquired by the County of Kane by deed document no. 1157361, recorded January 29, 1970; thence South 01 degree 01 minutes 35 seconds East, 21.85 feet (22.87 feet record) along said west right-of-way line to a point on a 1,864.08 foot radius curve, concave westerly; thence southerly along said curve and west right-of-way line 1,487.19 feet (the chord bears South 21 degrees 36 minutes 50 seconds West, 1,448.06 feet); thence South 44 degrees 49 minutes 39 seconds West, 121.14 feet along said west right-of-way line to a point on the centerline of the 50.00 foot rightof- way of Hopps Road as monumented and occupied; thence South 89 degrees 05 minutes 22 seconds West, 673.34 feet along said centerline of right-of-way; thence North 00 degrees 54 minutes 38 seconds West, 52.00 feet to a point on a line 52.00 feet north of and parallel with said centerline of right-of-way; thence North 89 degrees 05 minutes 22 seconds East, 110.00 feet along said parallel line; thence North 64 degrees 13 minutes 06 seconds East, 209.69 feet to a point on a 545.00 foot radius curve, concave southerly; thence easterly along said curve 413.09 feet (the chord bears North 85 degrees 55 minutes 58 seconds East, 403.28 feet); thence North 37 degrees 23 minutes 02 seconds East, 312.52 feet to a point on a 1,674.00 foot radius curve, concave westerly; thence northerly along said curve 1,117.16 feet (the chord bears North 18 degrees 15 minutes 56 seconds East, 1,096.54 feet); thence North 88 degrees 28 minutes 42 seconds East, 58.01 feet along to the point of beginning.

Said parcel containing 5.068 acres, more or less, of which 0.394 acres, more or less, was previously dedicated or used for highway purposes.

That part of Lot 160 in Woodbridge South - Phase 1 Subdivision, being a subdivision in the Northwest Quarter of Section 33, Township 41 North, Range 8 East of the Third Principal Meridian, according to the plat thereof recorded December 5, 1991 as document no. 91K066828 in Kane County, Illinois, bearings and distances based on the Illinois State Plane Coordinate System, East Zone, NAD 83 (2011 Adjustment), with a combined scale factor of 0.9999369004, being described as follows:

Beginning at the northwesterly corner of said Lot 160; thence North 88 degrees 15 minutes 13 seconds East, 21.00 feet along the north line of said Lot 160, said north line also being the south right-of-way line of Hopps Road; thence South 62 degrees 41 minutes 34 seconds West, 50.68 feet to a point on the westerly line of said Lot 160, said westerly line also being the easterly right-of-way line of Randall Road (A.K.A. County Highway 34); thence North 46 degrees 45 minutes 24 seconds East, 33.00 feet along said westerly line to the point of beginning.

Said temporary easement containing 0.005 acres or 230 square feet, more or less.

(b) This Section is repealed 2 years after the effective date of this amendatory Act of the 104th General Assembly.

Section 99. Effective date. This Act takes effect upon becoming law.

Effective Date: 8/1/2025