Illinois 2023-2024 Regular Session

Illinois House Bill HB2963 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0173
2	1		HB2963 EnrolledLRB103 26083 RLC 52438 b HB2963 Enrolled LRB103 26083 RLC 52438 b
3	2		HB2963 Enrolled LRB103 26083 RLC 52438 b
4		-	AN ACT concerning conservation.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. "An Act in relation to conservation", approved
8		-	December 24, 1992, Public Act 87-1243, as amended by Public
9		-	Act 88-468, is amended by changing Section 3 as follows:
10		-	(Public Act 87-1243, Section 3)
11		-	Sec. 3. In consideration of the conveyance of the real
12		-	property described in Section 2 of this Act, the Dixon Park
13		-	District shall covenant and agree with the State of Illinois
14		-	as follows:
15		-	(a) The Dixon Park District agrees that it shall restore
16		-	indigenous vegetation in all areas previously cleared for
17		-	development or agriculture purposes which fall within a 300
18		-	foot wide scenic buffer paralleling the Southwesterly bank of
19		-	the Rock River for the entire length of the real property
20		-	conveyed, and said Park District further agrees that all
21		-	future development within said 300 foot scenic buffer shall be
22		-	limited to hiking trails and bank fishing.
23		-	(b) The Dixon Park District agrees that it shall eliminate
24		-	and prohibit all equestrian activities on the real property
25		-	conveyed.
26		-	(c) The Dixon Park District agrees to exclude all
	3	+	1 AN ACT concerning conservation.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. "An Act in relation to conservation", approved
	7	+	5 December 24, 1992, Public Act 87-1243, as amended by Public
	8	+	6 Act 88-468, is amended by changing Section 3 as follows:
	9	+	7 (Public Act 87-1243, Section 3)
	10	+	8 Sec. 3. In consideration of the conveyance of the real
	11	+	9 property described in Section 2 of this Act, the Dixon Park
	12	+	10 District shall covenant and agree with the State of Illinois
	13	+	11 as follows:
	14	+	12 (a) The Dixon Park District agrees that it shall restore
	15	+	13 indigenous vegetation in all areas previously cleared for
	16	+	14 development or agriculture purposes which fall within a 300
	17	+	15 foot wide scenic buffer paralleling the Southwesterly bank of
	18	+	16 the Rock River for the entire length of the real property
	19	+	17 conveyed, and said Park District further agrees that all
	20	+	18 future development within said 300 foot scenic buffer shall be
	21	+	19 limited to hiking trails and bank fishing.
	22	+	20 (b) The Dixon Park District agrees that it shall eliminate
	23	+	21 and prohibit all equestrian activities on the real property
	24	+	22 conveyed.
	25	+	23 (c) The Dixon Park District agrees to exclude all
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33		-	development on the wooded area, containing 80 acres more or
34		-	less, located at or near the Northwesterly portion of the real
35		-	property conveyed.
36		-	(d) The Dixon Park District agrees that if it shall cease
37		-	to use the real property conveyed, for public recreation, park
38		-	or conservation purposes proposes, then the title to such real
39		-	property shall revert to the State of Illinois, Department of
40		-	Natural Resources. As used in this Section, "Department" means
41		-	the Department of Natural Resources Conservation.
42		-	(e) The above covenants shall run with the land and shall
43		-	be binding upon the Grantee, its successors and assigns in
44		-	perpetuity.
45		-	On and after August 31, 1993 (the effective date of Public
46		-	Act 88-468) this amendatory Act of 1993, the Grantor expressly
47		-	waives its right to enforce the covenant described in item (b)
48		-	and expressly releases the Grantee in perpetuity from any
49		-	obligations imposed upon it by the covenant described in item
50		-	(b).
51		-	(f) Notwithstanding any other provision in this Section,
52		-	the Dixon Park District is authorized to install and operate
53		-	solar panels, to create all necessary ingress and egress, to
54		-	construct any necessary connections to the electric grid, and
55		-	to conduct any other necessary activities for the development
56		-	and operation of a solar electric generation facility, which
57		-	for the purposes of this Section is referred to as "Solar
58		-	Facility", on the property described and under the conditions
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	34	+	1 development on the wooded area, containing 80 acres more or
	35	+	2 less, located at or near the Northwesterly portion of the real
	36	+	3 property conveyed.
	37	+	4 (d) The Dixon Park District agrees that if it shall cease
	38	+	5 to use the real property conveyed, for public recreation, park
	39	+	6 or conservation purposes proposes, then the title to such real
	40	+	7 property shall revert to the State of Illinois, Department of
	41	+	8 Natural Resources. As used in this Section, "Department" means
	42	+	9 the Department of Natural Resources Conservation.
	43	+	10 (e) The above covenants shall run with the land and shall
	44	+	11 be binding upon the Grantee, its successors and assigns in
	45	+	12 perpetuity.
	46	+	13 On and after August 31, 1993 (the effective date of Public
	47	+	14 Act 88-468) this amendatory Act of 1993, the Grantor expressly
	48	+	15 waives its right to enforce the covenant described in item (b)
	49	+	16 and expressly releases the Grantee in perpetuity from any
	50	+	17 obligations imposed upon it by the covenant described in item
	51	+	18 (b).
	52	+	19 (f) Notwithstanding any other provision in this Section,
	53	+	20 the Dixon Park District is authorized to install and operate
	54	+	21 solar panels, to create all necessary ingress and egress, to
	55	+	22 construct any necessary connections to the electric grid, and
	56	+	23 to conduct any other necessary activities for the development
	57	+	24 and operation of a solar electric generation facility, which
	58	+	25 for the purposes of this Section is referred to as "Solar
	59	+	26 Facility", on the property described and under the conditions
59	60
60	61
61		-	set forth in this subsection (f). The property authorized for
62		-	the location of the Solar Facility, which for the purposes of
63		-	this Section is referred to as "Solar Site", is the following
64		-	described real estate and any additional real estate within
65		-	the property described in Section 2 of this Act approved in
66		-	writing by the Department:
67		-	Part of the Southwest Quarter (SW1/4) of Section
68		-	Twenty-eight (28), Township Twenty-two (22) North, Range
69		-	Nine (9) East of the Fourth (4th) Principal Meridian, Lee
70		-	County, Illinois, described as follows:
71		-	Commencing at the northwest corner of said Southwest
72		-	Quarter (SW1/4) of said Section Twenty-eight (28); thence
73		-	North 89 degrees 03 minutes 47 seconds East, along the
74		-	north line of said Southwest Quarter (SW1/4), a distance
75		-	of 294.00 to the Point of Beginning; thence North 89
76		-	degrees 03 minutes 47 seconds East, continuing along said
77		-	north line, a distance of 735.04 feet to the former
78		-	westerly right-of-way line of the railroad; thence South 0
79		-	degrees 32 minutes 28 seconds East, along said westerly
80		-	right-of-way line, a distance of 673.54 feet; thence
81		-	continuing along said westerly right-of-way line and along
82		-	the arc of a curve to the right having a radius of 3,769.83
83		-	feet, a chord bearing of South 9 degrees 45 minutes 04
84		-	seconds West, an arc length of 1,354.37 feet; thence South
85		-	89 degrees 26 minutes 02 seconds West, a distance of
86		-	449.11 feet to the east line of an existing 16.71 acre
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89		-	tract; thence North 0 degrees 41 minutes 22 seconds East,
90		-	along the said east line, a distance of 630.00 feet to the
91		-	northeast corner of said 16.71 acre tract; thence North 89
92		-	degrees 18 minutes 38 seconds West, along the north line
93		-	of said 16.71 acre tract, a distance of 378.39 feet to the
94		-	west line of aforementioned Southwest Quarter (SW1/4);
95		-	thence North 0 degrees 32 minutes 24 seconds East, along
96		-	said west line, a distance of 1,082.30 feet; thence North
97		-	89 degrees 03 minutes 47 seconds East, a distance of
98		-	294.00 feet; thence North 0 degrees 32 minutes 24 seconds
99		-	East, a distance of 272.00 feet to the Point of Beginning,
100		-	containing 38.259 acres, more or less.
101		-	The Dixon Park District is authorized to develop and
102		-	operate the Solar Facility under the following conditions:
103		-	(1) the Dixon Park District shall develop and operate
104		-	the Solar Facility in a manner to minimize environmental
105		-	impacts on the Solar Site and all of the real property
106		-	described in Section 2 of this Act;
107		-	(2) the Dixon Park District shall provide the
108		-	Department with all plans for the development of the Solar
109		-	Facility, engage in consultation with the Department, and
110		-	implement the recommendations of the Department before
111		-	beginning any construction or development activity;
112		-	(3) the Dixon Park District shall operate the Solar
113		-	Facility consistent with all applicable laws and
114		-	regulations, with public safety, with environmental
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117		-	protection, and to the Department's satisfaction, as
118		-	determined solely by the Department;
119		-	(4) the Dixon Park District shall operate the Solar
120		-	Facility as a pollinator-friendly solar site in compliance
121		-	with the Pollinator-Friendly Solar Site Act;
122		-	(5) if the Dixon Park District ceases to use the Solar
123		-	Site as a Solar Facility, the Dixon Park District shall
124		-	immediately remove all Solar Facility equipment and
125		-	improvements and restore the Solar Site to its previous
126		-	condition to the Department's sole satisfaction and,
127		-	thereafter, use the property only for public recreation,
128		-	park, or conservation purposes; and
129		-	(6) if the Dixon Park District violates any of the
130		-	conditions set forth in this subsection (f), title to the
131		-	Solar Site and all of the real property described in
132		-	Section 2 of this Act shall revert to the State of
133		-	Illinois, Department of Natural Resources.
134		-	(g) To implement the requirement to covenant and agree
135		-	with the State on the requirements set forth in Section 2, the
136		-	Dixon Park District shall execute an amendment to the
137		-	quitclaim deed dated December 8, 1993 and recorded January 11,
138		-	1994 in Book 9401 of Deeds at Page 0711 in the Recorder's
139		-	Office of Lee County, Illinois, which shall be prepared by the
140		-	Department to implement said requirements. The authorization
141		-	for the Dixon Park District to develop and operate the Solar
142		-	Facility provided in subsection (f) shall not become effective
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	70	+	1 set forth in this subsection (f). The property authorized for
	71	+	2 the location of the Solar Facility, which for the purposes of
	72	+	3 this Section is referred to as "Solar Site", is the following
	73	+	4 described real estate and any additional real estate within
	74	+	5 the property described in Section 2 of this Act approved in
	75	+	6 writing by the Department:
	76	+	7 Part of the Southwest Quarter (SW1/4) of Section
	77	+	8 Twenty-eight (28), Township Twenty-two (22) North, Range
	78	+	9 Nine (9) East of the Fourth (4th) Principal Meridian, Lee
	79	+	10 County, Illinois, described as follows:
	80	+	11 Commencing at the northwest corner of said Southwest
	81	+	12 Quarter (SW1/4) of said Section Twenty-eight (28); thence
	82	+	13 North 89 degrees 03 minutes 47 seconds East, along the
	83	+	14 north line of said Southwest Quarter (SW1/4), a distance
	84	+	15 of 294.00 to the Point of Beginning; thence North 89
	85	+	16 degrees 03 minutes 47 seconds East, continuing along said
	86	+	17 north line, a distance of 735.04 feet to the former
	87	+	18 westerly right-of-way line of the railroad; thence South 0
	88	+	19 degrees 32 minutes 28 seconds East, along said westerly
	89	+	20 right-of-way line, a distance of 673.54 feet; thence
	90	+	21 continuing along said westerly right-of-way line and along
	91	+	22 the arc of a curve to the right having a radius of 3,769.83
	92	+	23 feet, a chord bearing of South 9 degrees 45 minutes 04
	93	+	24 seconds West, an arc length of 1,354.37 feet; thence South
	94	+	25 89 degrees 26 minutes 02 seconds West, a distance of
	95	+	26 449.11 feet to the east line of an existing 16.71 acre
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145		-	until the amended quitclaim deed is fully executed by the
146		-	Dixon Park District and properly recorded in the Lee County
147		-	Recorder's Office.
148		-	(Source: P.A. 88-468, eff. 8-31-93.)
149		-	Section 99. Effective date. This Act takes effect upon
150		-	becoming law.
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	106	+	1 tract; thence North 0 degrees 41 minutes 22 seconds East,
	107	+	2 along the said east line, a distance of 630.00 feet to the
	108	+	3 northeast corner of said 16.71 acre tract; thence North 89
	109	+	4 degrees 18 minutes 38 seconds West, along the north line
	110	+	5 of said 16.71 acre tract, a distance of 378.39 feet to the
	111	+	6 west line of aforementioned Southwest Quarter (SW1/4);
	112	+	7 thence North 0 degrees 32 minutes 24 seconds East, along
	113	+	8 said west line, a distance of 1,082.30 feet; thence North
	114	+	9 89 degrees 03 minutes 47 seconds East, a distance of
	115	+	10 294.00 feet; thence North 0 degrees 32 minutes 24 seconds
	116	+	11 East, a distance of 272.00 feet to the Point of Beginning,
	117	+	12 containing 38.259 acres, more or less.
	118	+	13 The Dixon Park District is authorized to develop and
	119	+	14 operate the Solar Facility under the following conditions:
	120	+	15 (1) the Dixon Park District shall develop and operate
	121	+	16 the Solar Facility in a manner to minimize environmental
	122	+	17 impacts on the Solar Site and all of the real property
	123	+	18 described in Section 2 of this Act;
	124	+	19 (2) the Dixon Park District shall provide the
	125	+	20 Department with all plans for the development of the Solar
	126	+	21 Facility, engage in consultation with the Department, and
	127	+	22 implement the recommendations of the Department before
	128	+	23 beginning any construction or development activity;
	129	+	24 (3) the Dixon Park District shall operate the Solar
	130	+	25 Facility consistent with all applicable laws and
	131	+	26 regulations, with public safety, with environmental
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	142	+	1 protection, and to the Department's satisfaction, as
	143	+	2 determined solely by the Department;
	144	+	3 (4) the Dixon Park District shall operate the Solar
	145	+	4 Facility as a pollinator-friendly solar site in compliance
	146	+	5 with the Pollinator-Friendly Solar Site Act;
	147	+	6 (5) if the Dixon Park District ceases to use the Solar
	148	+	7 Site as a Solar Facility, the Dixon Park District shall
	149	+	8 immediately remove all Solar Facility equipment and
	150	+	9 improvements and restore the Solar Site to its previous
	151	+	10 condition to the Department's sole satisfaction and,
	152	+	11 thereafter, use the property only for public recreation,
	153	+	12 park, or conservation purposes; and
	154	+	13 (6) if the Dixon Park District violates any of the
	155	+	14 conditions set forth in this subsection (f), title to the
	156	+	15 Solar Site and all of the real property described in
	157	+	16 Section 2 of this Act shall revert to the State of
	158	+	17 Illinois, Department of Natural Resources.
	159	+	18 (g) To implement the requirement to covenant and agree
	160	+	19 with the State on the requirements set forth in Section 2, the
	161	+	20 Dixon Park District shall execute an amendment to the
	162	+	21 quitclaim deed dated December 8, 1993 and recorded January 11,
	163	+	22 1994 in Book 9401 of Deeds at Page 0711 in the Recorder's
	164	+	23 Office of Lee County, Illinois, which shall be prepared by the
	165	+	24 Department to implement said requirements. The authorization
	166	+	25 for the Dixon Park District to develop and operate the Solar
	167	+	26 Facility provided in subsection (f) shall not become effective
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	178	+	1 until the amended quitclaim deed is fully executed by the
	179	+	2 Dixon Park District and properly recorded in the Lee County
	180	+	3 Recorder's Office.
	181	+	4 (Source: P.A. 88-468, eff. 8-31-93.)
	182	+	5 Section 99. Effective date. This Act takes effect upon
	183	+	6 becoming law.
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