HB5849 102ND GENERAL ASSEMBLY

LRB102 29632 LNS 41658 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5849

Introduced , by Rep. Sue Scherer

SYNOPSIS AS INTRODUCED:

Authorizes the Director of Central Management Services to execute and deliver a quitclaim dead to certain described property to the City of Springfield for $1, subject to specified conditions. Effective immediately.

A BILL FOR

AN ACT concerning property.

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

Section 5. Definitions. As used in this Act:

"CDB" means the State's Capital Development Board.

"City" means the City of Springfield, an Illinois Municipal Corporation, Sangamon County, Illinois.

"Corporate authorities" has the same meaning as set forth in Section 1-1-2 of the Illinois Municipal Code.

"Demolition work" means the demolition of the State buildings down to the concrete slab, the proper remediation as necessary of the debris generated by the demolition, the proper disposal of the debris, the relocation or splitting and reestablishing for future connection of any and all necessary active utilities, and the preparation for the reactivation of State buildings on the east and west of the future railroad right-of-way that is being established for the Project.

"Department" means the Department of Central Management Services.

"Director" and "Administrator" mean the Director of the Department.

"Project" means the development project known as the Springfield High Speed Rail Corridor Improvement Project.

"Property" means all of the real estate described in Section 10, consisting of a strip of land from the Department's Sangamo Complex in the City that is owned by the Department.

"State buildings" means certain structures of the Sangamo Complex as identified by the Department.

Section 10. Land transfer for the Project. Pursuant to the provisions and subject to the terms and conditions of this Act, the Director, on behalf of the State of Illinois, is authorized to execute and deliver to the City, for and in consideration of $1 paid to the Department, a quitclaim deed to the following described real property and such ancillary documents as the Department deems appropriate, for fully and properly effectuating a transfer to the City of title to the following land from the Department's Sangamo Complex in the City:

Common Address: 1021 North Grand Avenue East, Springfield, IL 62702

Parcel SR0021A

Part of Lot 20 of the Subdivision of the Northwest part of the Northwest Quarter Section 23 and part of the East Half of the Northeast Quarter and part of the Southeast Quarter of Section 22, all in Township 16 North, Range 5 West of the 3rd Principal Meridian, more particularly described as follows:

Beginning at the Southeast corner of Lot 20, being the intersection of the existing northerly right of way line of North Grand Avenue and the existing westerly right of way line of Eleventh Street; thence South 88 degrees 47 minutes 07 seconds West along south line of Lot 20, being the existing northerly right of way line of North Grand Avenue, 480.93 feet; thence North 00 degrees 02 minutes 56 seconds East, 8.86 feet; thence North 88 degrees 51 minutes 10 seconds East, 480.99 feet to the east line of Lot 20, being existing westerly right of way line of Eleventh Street; thence South 00 degrees 31 minutes 28 seconds West along east line of Lot 20 a distance of 8.29 feet to the Point of Beginning containing 4,124.40 square feet or 0.095 acre, more or less.

Parcel SR0021B

Part of Lot 20 of the Subdivision of the Northwest part of the Northwest Quarter Section 23 and part of the East Half of the Northeast Quarter and part of the Southeast Quarter of Section 22, all in Township 16 North, Range 5 West of the 3rd Principal Meridian, more particularly described as follows:

Commencing at the Southeast corner of Lot 20, being the intersection of the existing northerly right of way line of North Grand Avenue and the existing westerly right of way line of Eleventh Street; thence North 00 degrees 31 minutes 28 seconds East along east line of Lot 20 a distance of 8.29 feet; thence South 88 degrees 51 minutes 10 seconds West, 259.42 feet to the Point of Beginning; thence continuing South 88 degrees 51 minutes 10 seconds West, 120.02 feet; thence North 00 degrees 08 minutes 55 seconds West, 88.34 feet; thence North 89 degrees 51 minutes 05 seconds East, 30.00 feet; thence North 00 degrees 08 minutes 55 seconds West, 755.05 feet; thence South 88 degrees 19 minutes 36 seconds East, 90.05 feet; thence South 00 degrees 08 minutes 55 seconds East, 838.43 feet to the Point of Beginning containing 78,300.74 square feet or 1.798 acre, more or less.

Parcel SR0021C

Part of Lot 20 of the Subdivision of the Northwest part of the Northwest Quarter Section 23 and part of the East Half of the Northeast Quarter and part of the Southeast Quarter of Section 22, all in Township 16 North, Range 5 West of the 3rd Principal Meridian, more particularly described as follows:

Commencing at the Northwest corner of Lot 20, being the intersection of the existing southerly right of way line of Converse Avenue and the existing easterly right of way line of Ninth Street; thence South 88 degrees 39 minutes 41 seconds East along the north line of Lot 20, being the existing southerly right of way line of Converse Avenue, 258.03 feet to the Point of Beginning; thence continuing South 88 degrees 39 minutes 41 seconds East along the north line of Lot 20 a distance of 286.24 feet; thence South 87 degrees 41 minutes 19 seconds West, 109.71 feet thence North 88 degrees 19 minutes 36 seconds West, 90.05 feet; thence North 84 degrees 24 minutes 06 seconds West, 86.94 feet to the Point of Beginning containing 1,267.54 square feet or 0.029 acre, more or less.

Section 15. Conveyance.

(a) The City is pursuing a development project known as the Springfield High Speed Rail Corridor Improvement Project, and the City's corporate authorities have determined that it is in the best interest of the City, its residents, and the Project, to acquire all of the real estate described in Section 10, consisting of a strip of land from the Department's Sangamo Complex in the City that is owned by the Department, including the land, existing foundation, slab structures, existing utility facilities, and other improvements at or below grade level, all of which are the property of the State of Illinois. The corporate authorities of the City intend to use the Property as part of the Project.

(b) To allow for the Project, the State of Illinois, through the CDB, shall access and evaluate for demolition, then the CDB shall demolish the State buildings down to the concrete slab, properly remediate as necessary the debris generated by the demolition, properly dispose of the debris, relocate or split and reestablish for future connection any and all necessary active utilities, and prepare for the reactivation of State buildings on the east and west of the future railroad right-of-way that is being established for the Project.

(c) Within 2 years of the effective date of this Act, the City shall reimburse the State for the entire cost of the demolition work, including the associated work described in subsection (b) for the State buildings.

(d) The City, using the City's own funds, shall remove the foundation and slab structures from the Property to install the necessary infrastructure for the new rail system that is encompassed in the Project.

(e) The City, using the City's own funds, shall relocate to the appropriate public ways and streets the active storm-sewer line that is currently located in the Sangamo Complex parking lot and serves both the Sangamo Complex and other private entities nearby.

(f) The City has assured the Administrator that the City shall accept the Property without any representation or warranty from the Department as to the condition of the Property or the fitness of the Property for any purpose. The corporate authorities of the City have also assured the Administrator that, upon the City's acquisition of the Property from the Department, the City, through its agents, employees, and contractors, will diligently, timely, and fully carry out and accomplish all of its obligations under this Act.

(g) The Administrator is satisfied that, pursuant to the provisions and subject to all of the terms and conditions of this Act, the transfer of the Property to the City, for $1 paid to the Department, for the City to use as part of the Project is in the interests of the State of Illinois.

(h) Notwithstanding any other law of the State of Illinois to the contrary, the Administrator is authorized under this Act, subject to the terms and conditions in this Act, to sell all right, title, and interest of the State of Illinois in and to the Property to the City for $1 and such other terms and conditions in the quitclaim deed and ancillary documents that the Administrator deems appropriate, with such sale occurring pursuant to a Purchase and Sale Agreement prepared by the Department and that the conveyance of the Property authorized by this Act shall be made subject to existing public roads, existing rights of public utilities, existing rights of the public or quasipublic utilities, and any and all reservations, easements, encumbrances, covenants, agreements, and restrictions of record.

(i) The quitclaim deed described in this Section shall contain a reverter clause providing, in language prepared by and acceptable to the Department, that title to the Property shall revert, without further action, to the State of Illinois if: the Property is used for any purpose other than as described in this Act, which is use as an element of public transportation infrastructure by the City and its affiliates; or if an attempt is made, without the prior written consent of the Department, to sell the Property to any person or entity or to convey or donate the Property in any manner whatsoever. The language prepared by and acceptable to the Department may include, if the Director sees fit to include it, in the Director's discretion, a provision specifically empowering the Director to issue exemptions to the operation of the reverter clause on a case by case basis, in each case at the Director's discretion following receipt of a request with full justification submitted by the City.

Section 20. Transfer stipulations; execution by the City; document recording. The transfer of title authorized under this Act shall be by quitclaim deed, which shall be prepared by the Department so that the transfer to the City is on an "AS IS", "WHERE IS", and "WITH ALL FAULTS" basis as of the date of sale, without any representation by the State of Illinois to the City, or any persons and entities whatsoever, as to the Property's condition or fitness for any purpose. The deed shall be executed by the City as grantee in order to confirm the City's undertaking to abide by the requirements in this Act and the City's agreement to diligently, timely, and fully perform its obligations as set forth in this Act. All documents of transfer shall be recorded in Sangamon County.

Section 25. Director's authority regarding discretion, consent, and decisions. In any situation or instance where, under the provisions of this Act, the Director is authorized to exercise discretion, or to grant or withhold consent, the Director's authority shall be deemed to be unfettered in making a decision, based on the Director's own determination as to the interests of the State of Illinois.

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