HB0325sam001 94TH GENERAL ASSEMBLY

Sen. James A. DeLeo

Filed: 5/4/2005

09400HB0325sam001 LRB094 06741 RSP 45931 a

AMENDMENT TO HOUSE BILL 325

AMENDMENT NO. ______. Amend House Bill 325 immediately after the title, by inserting the following:

"WHEREAS, The State of Illinois owns certain real property in the City of Chicago in the Dunning Community Area in Cook County, located in Township 40 North, Range 13 East, Section 18, that is under the jurisdiction of the Department of Human Services for the operation of the Chicago Read Mental Health Center; and

WHEREAS, Approximately 30 acres of the Chicago Read Mental Health Center property contain 2 wetlands, an emergent wetland, and other open space that benefit the protection of the Des Plaines watershed; and

Whereas, State-owned wetlands are governed by and must be managed according to the Interagency Wetlands Policy Act of 1989 and provisions of Part 1090 of Title 17 of the Illinois Administrative Code; and

Whereas, The mission of the Illinois Department of Human Services is to improve the health, well-being, and quality of life of Illinois citizens; and

Whereas, Parks, open spaces, and forests are important components for the health and well-being of urban residents, contributing to the prevention and amelioration of illness not only by facilitating improvements in physical fitness through exercise, but also by facilitating positive emotional, intellectual, and social experiences; and

Whereas, The Dunning Community Area, in which the property is located, has been identified as underserved by open space and parks in the Land Policies Plans completed by the City and the Chicago Park District, that note that 2 large segments of the Dunning Community have no open space or parkland whatsoever; and

Whereas, The Dunning property was originally donated to Cook County in 1868 by the Dunning family for health and social purposes and was operated by the County as a "poor farm" and a facility for the mentally ill until 1912; and

Whereas, In 1912 Cook County conveyed the 235-acre Dunning property to the State of Illinois to be used for health and social purposes as stated in the original land covenant; therefore"; and

by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Department of Human Services is hereby authorized to grant and convey a permanent conservation easement to the Illinois Department of Natural Resources on a parcel containing 30 acres, more or less, that is located in Section 18, Township 40 North, Range 13 East of the third principal meridian, Cook County, Illinois, situated to the West and South of the Chicago Read Mental Health Center, for the purpose of preserving and protecting the wetlands and forested area for the benefit of the patients of the facility, the community, and the general public, this 30-acre parcel being more particularly described under Section 10 of this Act.

Section 10. A parcel containing 30 acres, more or less, located in Section 18, Township 40 North, Range 13 East of the third principal meridian, Cook County, Illinois, situated to the West and South of the Chicago Read Mental Health Center, a more accurate description to be made by an Illinois professional land surveyor, the cost of the survey to be paid for by Friends of the Parks.

Section 15. The Board of Trustees of The University of Illinois must convey to Gene Michael Vanderport, of Vermilion County, Illinois, in exchange for fair market value, based on the average of 3 certified appraisals, certain real property located in Vermilion County, Illinois and described as follows:

A tract of land in the Southwest Fractional Quarter of Section 1, Township 18 North, Range 11 West of the 2nd Principal Meridian, bounded and described as follows: Beginning at the Northwest corner of the Southwest Fractional Quarter of Section 1, Township 18 North, Range 11 West of the 2nd Principal Meridian; thence down the Vermilion River following the meanders thereof 58 poles to a stone; thence in a Northeasterly direction or course to a point so as to strike the North line of said Southwest Fractional Quarter of said Section 1, 17 poles West of the Northeast corner of said Southwest Fractional Quarter of said Section 1; thence West to the place of beginning, EXCEPT 4.5 acres in a triangular shape off the Northeast corner of said described tract, situated in Vermilion County, Illinois.

Section 20. (a) The State Property Control Act does not apply to the transfer of the real property described in Section 15 of this Act.

(b) The provisions of this Act are judicially enforceable.

Section 90. The State Property Control Act is amended by changing Section 1.02 as follows:

(30 ILCS 605/1.02) (from Ch. 127, par. 133b3)

Sec. 1.02. "Property" means State owned property and includes all real estate, with the exception of rights of way for State water resource and highway improvements, traffic signs and traffic signals, and with the exception of common school property; and all tangible personal property with the exception of properties specifically exempted by the administrator, provided that any property originally classified as real property which has been detached from its structure shall be classified as personal property.

"Property" does not include property owned by the Illinois Medical District Commission and leased or occupied by others for purposes permitted under the Illinois Medical District Act. "Property" also does not include property owned and held by the Illinois Medical District Commission for redevelopment.

"Property" does not include property described under Section 5 of Public Act 92-371 with respect to depositing the net proceeds from the sale or exchange of the property as provided in Section 10 of that Act.

"Property" does not include that property described under Section 15 of this amendatory Act of the 94th General Assembly.

(Source: P.A. 92-371, eff. 8-15-01; 92-651, eff. 7-11-02.)

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