Public Act 103-0173
HB2963 EnrolledLRB103 26083 RLC 52438 b HB2963 Enrolled LRB103 26083 RLC 52438 b
HB2963 Enrolled LRB103 26083 RLC 52438 b
AN ACT concerning conservation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. "An Act in relation to conservation", approved
December 24, 1992, Public Act 87-1243, as amended by Public
Act 88-468, is amended by changing Section 3 as follows:
(Public Act 87-1243, Section 3)
Sec. 3. In consideration of the conveyance of the real
property described in Section 2 of this Act, the Dixon Park
District shall covenant and agree with the State of Illinois
as follows:
(a) The Dixon Park District agrees that it shall restore
indigenous vegetation in all areas previously cleared for
development or agriculture purposes which fall within a 300
foot wide scenic buffer paralleling the Southwesterly bank of
the Rock River for the entire length of the real property
conveyed, and said Park District further agrees that all
future development within said 300 foot scenic buffer shall be
limited to hiking trails and bank fishing.
(b) The Dixon Park District agrees that it shall eliminate
and prohibit all equestrian activities on the real property
conveyed.
(c) The Dixon Park District agrees to exclude all
HB2963 Enrolled LRB103 26083 RLC 52438 b
development on the wooded area, containing 80 acres more or
less, located at or near the Northwesterly portion of the real
property conveyed.
(d) The Dixon Park District agrees that if it shall cease
to use the real property conveyed, for public recreation, park
or conservation purposes proposes, then the title to such real
property shall revert to the State of Illinois, Department of
Natural Resources. As used in this Section, "Department" means
the Department of Natural Resources Conservation.
(e) The above covenants shall run with the land and shall
be binding upon the Grantee, its successors and assigns in
perpetuity.
On and after August 31, 1993 (the effective date of Public
Act 88-468) this amendatory Act of 1993, the Grantor expressly
waives its right to enforce the covenant described in item (b)
and expressly releases the Grantee in perpetuity from any
obligations imposed upon it by the covenant described in item
(b).
(f) Notwithstanding any other provision in this Section,
the Dixon Park District is authorized to install and operate
solar panels, to create all necessary ingress and egress, to
construct any necessary connections to the electric grid, and
to conduct any other necessary activities for the development
and operation of a solar electric generation facility, which
for the purposes of this Section is referred to as "Solar
Facility", on the property described and under the conditions
set forth in this subsection (f). The property authorized for
the location of the Solar Facility, which for the purposes of
this Section is referred to as "Solar Site", is the following
described real estate and any additional real estate within
the property described in Section 2 of this Act approved in
writing by the Department:
Part of the Southwest Quarter (SW1/4) of Section
Twenty-eight (28), Township Twenty-two (22) North, Range
Nine (9) East of the Fourth (4th) Principal Meridian, Lee
County, Illinois, described as follows:
Commencing at the northwest corner of said Southwest
Quarter (SW1/4) of said Section Twenty-eight (28); thence
North 89 degrees 03 minutes 47 seconds East, along the
north line of said Southwest Quarter (SW1/4), a distance
of 294.00 to the Point of Beginning; thence North 89
degrees 03 minutes 47 seconds East, continuing along said
north line, a distance of 735.04 feet to the former
westerly right-of-way line of the railroad; thence South 0
degrees 32 minutes 28 seconds East, along said westerly
right-of-way line, a distance of 673.54 feet; thence
continuing along said westerly right-of-way line and along
the arc of a curve to the right having a radius of 3,769.83
feet, a chord bearing of South 9 degrees 45 minutes 04
seconds West, an arc length of 1,354.37 feet; thence South
89 degrees 26 minutes 02 seconds West, a distance of
449.11 feet to the east line of an existing 16.71 acre
tract; thence North 0 degrees 41 minutes 22 seconds East,
along the said east line, a distance of 630.00 feet to the
northeast corner of said 16.71 acre tract; thence North 89
degrees 18 minutes 38 seconds West, along the north line
of said 16.71 acre tract, a distance of 378.39 feet to the
west line of aforementioned Southwest Quarter (SW1/4);
thence North 0 degrees 32 minutes 24 seconds East, along
said west line, a distance of 1,082.30 feet; thence North
89 degrees 03 minutes 47 seconds East, a distance of
294.00 feet; thence North 0 degrees 32 minutes 24 seconds
East, a distance of 272.00 feet to the Point of Beginning,
containing 38.259 acres, more or less.
The Dixon Park District is authorized to develop and
operate the Solar Facility under the following conditions:
(1) the Dixon Park District shall develop and operate
the Solar Facility in a manner to minimize environmental
impacts on the Solar Site and all of the real property
described in Section 2 of this Act;
(2) the Dixon Park District shall provide the
Department with all plans for the development of the Solar
Facility, engage in consultation with the Department, and
implement the recommendations of the Department before
beginning any construction or development activity;
(3) the Dixon Park District shall operate the Solar
Facility consistent with all applicable laws and
regulations, with public safety, with environmental
protection, and to the Department's satisfaction, as
determined solely by the Department;
(4) the Dixon Park District shall operate the Solar
Facility as a pollinator-friendly solar site in compliance
with the Pollinator-Friendly Solar Site Act;
(5) if the Dixon Park District ceases to use the Solar
Site as a Solar Facility, the Dixon Park District shall
immediately remove all Solar Facility equipment and
improvements and restore the Solar Site to its previous
condition to the Department's sole satisfaction and,
thereafter, use the property only for public recreation,
park, or conservation purposes; and
(6) if the Dixon Park District violates any of the
conditions set forth in this subsection (f), title to the
Solar Site and all of the real property described in
Section 2 of this Act shall revert to the State of
Illinois, Department of Natural Resources.
(g) To implement the requirement to covenant and agree
with the State on the requirements set forth in Section 2, the
Dixon Park District shall execute an amendment to the
quitclaim deed dated December 8, 1993 and recorded January 11,
1994 in Book 9401 of Deeds at Page 0711 in the Recorder's
Office of Lee County, Illinois, which shall be prepared by the
Department to implement said requirements. The authorization
for the Dixon Park District to develop and operate the Solar
Facility provided in subsection (f) shall not become effective
until the amended quitclaim deed is fully executed by the
Dixon Park District and properly recorded in the Lee County
Recorder's Office.
(Source: P.A. 88-468, eff. 8-31-93.)
Section 99. Effective date. This Act takes effect upon
becoming law.