Chapter 209. To authorize the Secretary of War to grant a perpetual easement for railroad right of way and a right of way for a public highway over and upon a portion of the military reservation of Fort Sheridan, in the State of Illinois
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CHAP. 209.— An Act To authorize the Secretary of War to grant a perpetual easement for railroad right of way and a right of way for a public highway over and upon a portion of the military reservation of Fort Sheridan, in the State of Illinois. June 6, 1922.[[H. R. 241](/us/bill/67/hr/241).][[Public, No. 232](/us/67/pl/232).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* Fort Sheridan Military Reservation, 111.Right of way across, to Chicago, North Shore and Milwaukee Railroad.
That the Secretary of War be, and he is hereby, authorized and directed to grant and convey to the Chicago, North Shore and Milwaukee Railroad, a railroad corporation organized and existing under and by virtue of the laws of the State of Ulinois, its successors and assigns, a perpetual easement, subject to the proviso in section 4 herein, for railroad purposes over and upon the following described property, being a part of the military reservation of Fort Sheridan and of the public highway Description.adjoining the same, to wit:
All that part of the northwest quarter of section ten, township forty-three north, range twelve east, of the third principal meridian, described as follows, to wit: Commencing at a point in the north line of said section ten distant one hundred feet easterly of measured at right angles from the easterly line of the right of way of the Chicago and North Western Railway Company: thence southeasterly along a line parallel to the easterly line of said right of way one thousand five hundred and thirteen and forty-four hundredths feet to a point of curve; thence southerly along a curved line (convex westerly) having a radius of eleven thousand four hundred and nine and two-tenths feet, a distance of five hundred and 623ninety-seven and thirty-eight hundredths feet, to a point of tangent; thence southeasterly along a line tangent to said curved line three hundred and fifty-five and thirteen hundredths feet to a point of curve; thence southerly along a curved line (convex easterly) having a radius of eleven thousand five hundred and nine and two-tenths feet, a distance of five hundred and twenty-six and sixty-eight hundredths feet, to a point in the north line of the south sixty-six feet of the northwest quarter of said section ten, being the north line of the highway running east and west; thence west along the north line of the highway to the east line of the right of way of the Chicago and North Western Railway Company; thence northwesterly along the east line of said right of way two thousand nine hundred and sixty-three and eight-tenths feet, more or less, to the said north line of section ten; thence easterly along said north line of section ten to place of beginning; with full power to locate and construct rail-road tracks, sidings, switches, and other appurtenances thereon and to use said property for all purposes appurtenant to its business: *Provided*, That no part of the property hereby granted shall be used *Proviso.*Reversion for non-user.for any other than railroad purposes, and that when such property shall cease to be so used it shall revert to the United States of America.
Sec. 2. That the Secretary of War be, and he is hereby, authorized Easement in perpetuity for a connecting public highway.to permit the location, grading, and paving of a public highway forty-six feet in width to connect with the public highway known as McKinley Road at the north boundary of the military reservation of Fort Sheridan, and extending thence south to an intersection with the east and west road north of Fort Sheridan station upon, along, and over the following described property:
All that part of the north-westDescription. quarter of section ten, township forty-three north, range twelve east, of the third principal meridian, described as follows, to wit: A strip of land forty-six feet in width extending from the north line of section ten to the north line of the south sixty-six feet of the northwest quarter of said section ten, being the north line of highway running east and west, the westerly boundary line of said strip being described as follows: Commencing at a point on the north line of section ten one hundred feet easterly of the easterly line of the right of way of the Chicago and North Western Railway Company, measured at right angles thereto; thence southeasterly along a line parallel to said right-of-way line and one hundred feet therefrom one thousand five hundred and thirteen and forty-four hundredths feet to a point of curve; thence southerly along a curved line (convex westerly) having a radius of eleven thousand four hundred and nine and two-tenths feet, a distance of five hundred and ninety-seven and thirty-eight hundredths feet to a point of tangent; thence southeasterly along a line tangent to said curved line three hundred and fifty-five and thirteen hundredths feet to a point of curve; thence southerly along a curved line (convex easterly) having a radius of eleven thousand five hundred and nine and two-tenths feet, a distance of five hundred and twenty-six and sixty-eight hundredths Feet to a point in the north line of the south sixty-six feet of the northwest quarter of said section ten, being the north line of the highway running east and west, to be and become a highway for public travel in perpetuity.
Sec. 3. The grant to the Chicago, North Shore and Milwaukee Roadway, etc., to be constructed to connect with public highway.Railroad, hereinabove in section 1 authorized shall be upon the express condition that the said Chicago, North Shore and Milwaukee Railroad shall at its own expense construct and build a roadway saving a brick surface upon a concrete foundation extending from the north boundary of said reservation to an intersection with the east and west road located on the south line of the northwest quarter of section ten upon the strip of land hereinbefore in section 2 624described, the pavement of which roadway shall be twenty-two feet in width and that the said Chicago, North Shore and Milwaukee Rail-road shall at its own expense construct a wire fence, with wooden posts, along the eastern boundary of said strip from the north end to the south end of said strip of like character to the present boundary fence of said Fort Sheridan Reservation, and the location of the public highway authorized in and by section 2 hereof shall be upon the Maintenance by Lake Forest.express condition that the city of Lake Forest shall at all times after the completion thereof maintain the pavement to be constructed by said railroad upon said highway in a good and proper condition at the sole expense of said city of Lake Forest.
Sec. 4.Reservation of use by United States for public purposes. That the said conveyance shall be subject to the conditions and reversion hereinbefore provided for, and shall be used for the purposes hereinbefore described only, and shall be subject to the right of the United States at any and all times and in any manner to assume control of, hold, use, and occupy without license, consent, or leave from said corporation any or all of said land for any and all military, naval, or lighthouse purposes, free from any conveyance, charges, encumbrances, or liens made, created, permitted, or sanctioned Proviso.Nonliability for damages, etc.thereon by said corporation: *Provided*, That the United States shall not be or become liable for any damages or compensation whatever to the said corporation for any future use by the Government of any or all of the above-described land for any of the above-mentioned purposes.
Approved, June 6, 1922.