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Illinois General Assembly· HB 1461Governor Approved

EASEMENT-FULTON COUNTY, the official text

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HB1461 Enrolled                     LRB104 03241 JRC 13263 b

1   AN ACT concerning civil law.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. Upon the payment of the sum of $1.00 to the

5 State of Illinois, the Director of the Department of Natural

6 Resources is authorized to convey a non-exclusive easement to

7 the KSS Conservation Partners, LLC that is a 20 feet wide

8 ingress-egress easement from public right of way of Banner

9 Dike Road to Senate Island more particularly described as

10 follows:

11              CENTERLINE LEGAL DESCRIPTION OF 20 FEET

12  WIDE INGRESS/EGRESS EASEMENT FROM SENATE ISLAND

13           TO PUBLIC RIGHT OF WAY OF BANNER DIKE ROAD

14 SEGMENT "A"

15 A part of Section 2 and Section 3, Township 5 North, Range 5

16 East of the Fourth Principal Meridian, and a part of Section

17 25, Section 26, and Section 35, Township 6 North, Range 5 East

18 of the Fourth Principal Meridian, Fulton County, Illinois,

19 being more particularly described as follows:

20 Commencing at the South Quarter corner of Section 5, Township

21 5 North, Range 5 East of the Fourth Principal Meridian; thence

22 South 88 degrees 37 minutes 47 seconds East, along the South

23 line of said Section 5, a distance of 2627.33 feet to the

24 Southwest corner of Section 4, Township 5 North, Range 5 East
HB1461 Enrolled  -2-  LRB104 03241 JRC 13263 b

 1 of the Fourth Principal Meridian; thence South 89 degrees 34
 2 minutes 34 seconds East, along the South line of the Southwest
 3 Quarter of said Section 4, a distance of 2637.75 feet to the
 4 South Quarter corner of said Section 4; thence South 89
 5 degrees 34 minutes 46 seconds East, along the South line of the
 6 Southeast Quarter of said Section 4, a distance of 2636.24
 7 feet to the Southeast corner of said Section 4; thence North 75
 8 degrees 29 minutes 01 seconds East a distance of 4905.87 feet
 9 to the centerline point of beginning of the 20 foot wide
10 ingress/egress easement to be described, said point also being
11 a point at the property line of Senate Island as described in
12 Warranty Deed Document Number 2305419 recorded in the Fulton
13 County Recorder's Office, and the centerline of an existing
14 access road.
15 (The following courses are along an existing access road from
16 Senate Island to the public right of way of Banner Dike Road.)
17 From the point of beginning; thence North 38 degrees 59
18 minutes 51 seconds West a distance of 74.18 feet; thence North
19 19 degrees 53 minutes 59 seconds West a distance of 34.06 feet,
20 thence North 23 degrees 43 minutes 13 seconds West a distance
21 of 50.85 feet; thence North 39 degrees 56 minutes 00 seconds
22 East a distance of 104.21 feet; thence North 43 degrees 45
23 minutes 29 seconds East a distance of 113.75 feet; thence
24 North 46 degrees 03 minutes 06 seconds East a distance of 97.86
25 feet; thence North 34 degrees 22 minutes 58 seconds East a
26 distance of 211.59 feet; thence North 43 degrees 20 minutes 33
HB1461 Enrolled  -3-  LRB104 03241 JRC 13263 b

 1 seconds East a distance of 244.73 feet; thence North 30
 2 degrees 49 minutes 50 seconds East a distance of 333.94 feet;
 3 thence North 26 degrees 42 minutes 38 seconds East a distance
 4 of 210.92 feet; thence North 45 degrees 27 minutes 59 seconds
 5 East a distance of 51.86 feet; thence North 60 degrees 50
 6 minutes 09 seconds East a distance of 85.19 feet; thence North
 7 45 degrees 42 minutes 19 seconds East a distance of 81.27 feet;
 8 thence North 16 degrees 39 minutes 24 seconds East a distance
 9 of 109.36 feet; thence North 26 degrees 30 minutes 16 seconds
10 East a distance of 187.63 feet; thence North 31 degrees 18
11 minutes 49 seconds East a distance of 199.32 feet; thence
12 North 27 degrees 23 minutes 21 seconds East a distance of
13 149.42 feet; thence North 36 degrees 33 minutes 11 seconds
14 East a distance of 138.40 feet; thence North 23 degrees 46
15 minutes 03 seconds East a distance of 282.38 feet; thence
16 North 25 degrees 52 minutes 04 seconds East a distance of
17 262.18 feet; thence North 34 degrees 43 minutes 43 seconds
18 East a distance of 108.32 feet; thence North 09 degrees 45
19 minutes 31 seconds East a distance of 93.54 feet; thence North
20 14 degrees 26 minutes 30 seconds West a distance of 119.03
21 feet; thence North 03 degrees 31 minutes 41 seconds East a
22 distance of 196.79 feet; thence North 05 degrees 19 minutes 30
23 seconds East a distance of 85.93 feet; thence North 21 degrees
24 58 minutes 00 seconds East a distance of 34.30 feet; thence
25 North 37 degrees 57 minutes 24 seconds East a distance of 79.31
26 feet; thence North 36 degrees 50 minutes 07 seconds East a
HB1461 Enrolled  -4-  LRB104 03241 JRC 13263 b

 1 distance of 102.50 feet to Point "B", said point being the
 2 point of beginning for "Segment B"; thence North 52 degrees 04
 3 minutes 19 seconds East a distance of 117.61 feet; thence
 4 North 30 degrees 58 minutes 12 seconds East a distance of
 5 101.55 feet; thence North 33 degrees 45 minutes 04 seconds
 6 East a distance of 121.73 feet; thence North 06 degrees 53
 7 minutes 48 seconds East a distance of 199.92 feet; thence
 8 North 00 degrees 56 minutes 51 seconds East a distance of
 9 230.09 feet; thence North 09 degrees 29 minutes 36 seconds
10 West a distance of 70.55 feet; thence North 02 degrees 41
11 minutes 05 seconds West a distance of 211.42 feet; thence
12 North 10 degrees 46 minutes 36 seconds West a distance of 89.94
13 feet; thence North 16 degrees 19 minutes 18 seconds West a
14 distance of 132.33 feet; thence North 11 degrees 12 minutes 48
15 seconds West a distance of 175.79 feet; thence North 06
16 degrees 36 minutes 37 seconds West a distance of 255.61 feet;
17 thence North 01 degrees 19 minutes 46 seconds East a distance
18 of 145.29 feet; thence North 02 degrees 53 minutes 02 seconds
19 East a distance of 184.64 feet; thence North 06 degrees 41
20 minutes 56 seconds East a distance of 86.78 feet; thence North
21 07 degrees 48 minutes 33 seconds East a distance of 147.91
22 feet; thence North 16 degrees 59 minutes 21 seconds East a
23 distance of 216.39 feet; thence North 22 degrees 26 minutes 42
24 seconds East a distance of 196.55 feet; thence North 27
25 degrees 09 minutes 05 seconds East a distance of 164.19 feet;
26 thence North 40 degrees 50 minutes 25 seconds East a distance
HB1461 Enrolled  -5-  LRB104 03241 JRC 13263 b

 1 of 78.71 feet; thence North 44 degrees 25 minutes 41 seconds
 2 East a distance of 177.30 feet; thence North 36 degrees 27
 3 minutes 35 seconds East a distance of 124.52 feet; thence
 4 North 28 degrees 11 minutes 17 seconds East a distance of
 5 189.87 feet; thence North 36 degrees 30 minutes 22 seconds
 6 East a distance of 80.36 feet; thence North 53 degrees 26
 7 minutes 23 seconds East a distance of 71.72 feet; thence North
 8 67 degrees 59 minutes 38 seconds East a distance of 93.07 feet;
 9 thence North 73 degrees 51 minutes 53 seconds East a distance
10 of 598.47 feet; thence North 71 degrees 19 minutes 30 seconds
11 East a distance of 95.74 feet; thence North 59 degrees 38
12 minutes 27 seconds East a distance of 99.47 feet; thence North
13 56 degrees 15 minutes 30 seconds East a distance of 163.65
14 feet; thence North 53 degrees 52 minutes 34 seconds East a
15 distance of 174.60 feet; thence North 48 degrees 44 minutes 02
16 seconds East, a distance of 111.13 feet; thence North 40
17 degrees 45 minutes 17 seconds East, a distance of 568.64 feet;
18 thence North 26 degrees 04 minutes 17 seconds East, a distance
19 of 292.48 feet; thence North 17 degrees 16 minutes 38 seconds
20 East, a distance of 62.00 feet; thence North 22 degrees 17
21 minutes 25 seconds East, a distance of 284.81 feet; thence
22 North 29 degrees 34 minutes 26 seconds East, a distance of
23 213.73 feet; thence North 24 degrees 24 minutes 09 seconds
24 East, a distance of 193.90 feet; thence North 30 degrees 40
25 minutes 56 seconds East, a distance of 68.74 feet; thence
26 North 36 degrees 19 minutes 49 seconds East, a distance of
HB1461 Enrolled  -6-  LRB104 03241 JRC 13263 b

 1 153.91 feet; thence North 47 degrees 00 minutes 56 seconds
 2 East, a distance of 58.10 feet; thence North 56 degrees 52
 3 minutes 00 seconds East a distance of 123.69 feet; thence
 4 North 46 degrees 05 minutes 43 seconds East a distance of 72.40
 5 feet; thence North 30 degrees 29 minutes 26 seconds East a
 6 distance of 243.65 feet; thence North 26 degrees 27 minutes 42
 7 seconds East a distance of 113.72 feet; thence North 29
 8 degrees 20 minutes 49 seconds East a distance of 239.48 feet;
 9 thence North 32 degrees 54 minutes 00 seconds East a distance
10 of 116.29 feet; thence North 37 degrees 12 minutes 15 seconds
11 East a distance of 159.86 feet; thence North 42 degrees 00
12 minutes 49 seconds East a distance of 124.14 feet; thence
13 North 33 degrees 26 minutes 07 seconds East a distance of
14 174.07 feet; thence North 29 degrees 54 minutes 23 seconds
15 East a distance of 148.62 feet; thence North 28 degrees 07
16 minutes 53 seconds East a distance of 201.13 feet; thence
17 North 38 degrees 07 minutes 21 seconds East a distance of 40.61
18 feet; thence North 53 degrees 42 minutes 48 seconds East a
19 distance of 56.28 feet; thence North 47 degrees 25 minutes 37
20 seconds East a distance of 75.19 feet; thence North 33 degrees
21 51 minutes 21 seconds East a distance of 850.50 feet; thence
22 North 33 degrees 00 minutes 45 seconds East a distance of
23 340.66 feet; thence North 36 degrees 55 minutes 13 seconds
24 East a distance of 55.86 feet; thence North 48 degrees 41
25 minutes 18 seconds East a distance of 269.13 feet; thence
26 North 53 degrees 03 minutes 13 seconds East a distance of
HB1461 Enrolled  -7-  LRB104 03241 JRC 13263 b

 1 353.34 feet; thence North 59 degrees 07 minutes 46 seconds
 2 East a distance of 298.39 feet; thence North 53 degrees 57
 3 minutes 26 seconds East a distance of 290.34 feet; thence
 4 North 49 degrees 01 minutes 13 seconds East a distance of
 5 298.89 feet; thence North 42 degrees 53 minutes 46 seconds
 6 East a distance of 243.30 feet; thence North 37 degrees 29
 7 minutes 48 seconds East a distance of 452.13 feet; thence
 8 North 21 degrees 15 minutes 56 seconds East a distance of 95.17
 9 feet to the point of terminus being a point on the public right
10 of way of Banner Dike Road.
11 SEGMENT "B"
12 A part of Section 2, Township 5 North, Range 5 East of the
13 Fourth Principal Meridian, Fulton County, Illinois, being more
14 particularly described as follows:
15 Commencing at said Point "B" as the centerline point of
16 beginning to the 20 foot wide ingress/egress easement to be
17 described; thence South 19 degrees 02 minutes 25 seconds East
18 a distance of 49.69 feet; thence South 71 degrees 39 minutes 03
19 seconds East a distance of 118.98 feet; thence South 58
20 degrees 22 minutes 30 seconds East a distance of 151.33;
21 thence South 40 degrees 30 minutes 31 seconds East a distance
22 of 61.47 feet; thence South 38 degrees 10 minutes 39 seconds
23 East a distance of 99.13 feet to the point of terminus being a
24 point at the property line of Senate Island as described in
25 Warranty Deed Document Number 2305419 recorded in the Fulton
26 County Recorder's Office, and the centerline of the existing
         HB1461 Enrolled    -8-  LRB104 03241 JRC 13263 b
1 access road.

2   Section 10. The conveyance of the easement authorized by

3 Section 5 shall be made subject to: (1) existing public

4 utilities, existing public roads, and any and all

5 reservations, easements, encumbrances, covenants and

6 restrictions of record; (2) the entering into of a shared

7 maintenance agreement for the land listed in Section 5 that is

8 the subject of the easement between the Department of Natural

9 Resources and KSS Conservation Partners, LLC; and (3) the

10 express condition that if either the Department of Natural

11 Resources or KSS Conservation Partners, LLC ceases to have a

12 shared maintenance agreement for the land that is the subject

13 of the easement in Section 5, said easement shall

14 automatically terminate and the land shall fully revert to the

15 State of Illinois, Department of Natural Resources.

16  Section 900. The Director of the Department of Natural

17 Resources shall obtain a certified copy of this Act within 60

18 days after the Act becomes law and shall only record the Act in

19 the Recorder's Office of Fulton County, Illinois after the

20 Department of Natural Resources and KSS Conservation Partners,

21 LLC have entered into a shared maintenance agreement as

22 required in Section 10.

23  Section 999. Effective date. This Act takes effect upon

24 becoming law.
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