HB3823 EnrolledLRB102 13072 LNS 18415 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
Article 1.

 
5    Section 1-5. The Director of the Department of Natural
6Resources, on behalf of the State of Illinois, is directed to
7execute and deliver to the Rend Lake Conservancy District, a
8body politic organized and existing under the laws of the
9State of Illinois, of the County of Franklin, State of
10Illinois, for and in consideration of $531,667 paid to the
11Department for deposit into the Park and Conservation Fund, a
12quitclaim deed to the following described real property:
 
13    A parcel of land conveyed to the People of the State of
14    Illinois by Corporate Warranty Deed dated April 4, 1991,
15    and recorded April 5, 1991, as Document Number 91-1519 in
16    the Recorder's Office of Franklin County, Illinois, and
17    re-recorded as Document Number 2010-4085 on September 10,
18    2010, and more particularly described as:
 
19    Part of the Northeast Quarter (NE 1/4) of the Northwest
20    Quarter (NW 1/4) of Section Nineteen (19), Township Five
21    (5) South, Range Three (3) East of the Third (3rd)

 

 

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1    Principal Meridian, more particularly described as
2    follows: Beginning at a Bureau of Land Management metal
3    marker designated as AP 42 at the Northwest corner of the
4    Northeast Quarter (NE 1/4) of the Northwest Quarter of
5    said Section 19; thence North 89 degrees 46 minutes 51
6    seconds East along the North line of said Section 19 to an
7    iron pin on the Westerly Right-of-Way of F. A. Route 126 a
8    distance of 350.38 feet; thence along a non-tangent curve
9    concave to the East having a radius of 1131.74 feet and to
10    which beginning a radial line bears North 84 degrees 37
11    minutes 57 seconds West; thence Southeasterly 266.74 feet
12    along said curve through a central angle of 13 degrees 30
13    minutes 14 seconds; thence North 81 degrees 50 minutes 15
14    seconds East to an iron pin on said Right-of-Way a
15    distance of 15.00 feet; thence along a non-tangent curve
16    concave to the East having a radius of 1116.74 feet and to
17    which beginning a radial line bears South 81 degrees 51
18    minutes 51 seconds West; thence Southeasterly 413.72 along
19    said curve through a central angle of 21 degrees 13
20    minutes 36 seconds; thence South 89 degrees 46 minutes 51
21    seconds West to an iron pin on the West line of the
22    Northeast Quarter of the Northwest Quarter of said Section
23    19 a distance of 502.58 feet; thence North 0degrees 06
24    minutes 47 seconds West along said West line a distance of
25    654.02 feet to the point of beginning; excepting all the
26    coal, oil, gas and other minerals underlying the same and

 

 

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1    all rights and easements in favor of the owner of the
2    mineral estate or of any party claiming by, through or
3    under said estate, situated in FRANKLIN COUNTY, ILLINOIS.
 
4    Section 1-10. The conveyance of real property authorized
5by Section 1-5 shall be made subject to: existing public
6utilities, existing public roads, and any and all
7reservations, easements, encumbrances, covenants, and
8restrictions of record.
 
9    Section 1-15. Within 60 days after the effective date of
10this Act, the Director of Natural Resources shall obtain a
11certified copy of the portions of this Act containing the
12title, the enacting clause, the effective date, and this
13Article and, upon receipt of the payment required by this
14Article, shall ensure that the certified copy of the portions
15of this Act named by this Section and the quitclaim deed
16conveying the land are provided to the Rend Lake Conservancy
17District, to be recorded by the Rend Lake Conservancy District
18in the Recorder's Office in the county in which the land is
19located.
 
20
Article 2.

 
21    Section 2-5. Definitions. As used in this Article:
22    "CDB" means the State's Capital Development Board.

 

 

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1    "City" means the City of Springfield, an Illinois
2Municipal Corporation, Sangamon County, Illinois.
3    "Corporate authorities" has the same meaning as set forth
4in Section 1-1-2 of the Illinois Municipal Code.
5    "Demolition work" means the demolition of the State
6buildings down to the concrete slab, the proper remediation as
7necessary of the debris generated by the demolition, the
8proper disposal of the debris, the relocation or splitting and
9reestablishing for future connection of any and all necessary
10active utilities, and the preparation for the reactivation of
11State buildings on the east and west of the future railroad
12right-of-way that is being established for the Project.
13    "Department" means the Department of Central Management
14Services.
15    "Director" and "Administrator" mean the Director of the
16Department.
17    "Project" means the development project known as the
18Springfield High Speed Rail Corridor Improvement Project.
19    "Property" means all of the real estate described in
20Section 2-10 as Parcel A, consisting of a strip of land from
21the Department's Sangamo Complex in the City that is owned by
22the Department.
23    "State buildings" means certain structures of the Sangamo
24Complex as identified by the Department.
25    "This Act" means this Article.
 

 

 

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1    Section 2-10. Land transfer for the Project. Pursuant to
2the provisions and subject to the terms and conditions of this
3Act, the Director, on behalf of the State of Illinois, is
4authorized to exchange certain real property in Sangamon
5County, Illinois, hereinafter referred to in this Section as
6Parcel A, for certain real property of equal or greater value
7in Sangamon County, Illinois, hereinafter referred to in this
8Section as Parcel B, the Parcels being described as follows:
 
9PARCEL A:
 
10    Common Address: 1021 North Grand Avenue East, Springfield,
11    IL 62702
 
12    Parcel SR0021A
13    Part of Lot 20 of the Subdivision of the Northwest part of
14    the Northwest Quarter Section 23 and part of the East Half
15    of the Northeast Quarter and part of the Southeast Quarter
16    of Section 22, all in Township 16 North, Range 5 West of
17    the 3rd Principal Meridian, more particularly described as
18    follows:
19    Beginning at the Southeast corner of Lot 20, being the
20    intersection of the existing northerly right of way line
21    of North Grand Avenue and the existing westerly right of
22    way line of Eleventh Street; thence South 88 degrees 47
23    minutes 07 seconds West along south line of Lot 20, being

 

 

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1    the existing northerly right of way line of North Grand
2    Avenue, 480.93 feet; thence North 00 degrees 02 minutes 56
3    seconds East, 8.86 feet; thence North 88 degrees 51
4    minutes 10 seconds East, 480.99 feet to the east line of
5    Lot 20, being existing westerly right of way line of
6    Eleventh Street; thence South 00 degrees 31 minutes 28
7    seconds West along east line of Lot 20 a distance of 8.29
8    feet to the Point of Beginning containing 4,124.40 square
9    feet or 0.095 acre, more or less.
 
10    Parcel SR0021B
11    Part of Lot 20 of the Subdivision of the Northwest part of
12    the Northwest Quarter Section 23 and part of the East Half
13    of the Northeast Quarter and part of the Southeast Quarter
14    of Section 22, all in Township 16 North, Range 5 West of
15    the 3rd Principal Meridian, more particularly described as
16    follows:
17    Commencing at the Southeast corner of Lot 20, being the
18    intersection of the existing northerly right of way line
19    of North Grand Avenue and the existing westerly right of
20    way line of Eleventh Street; thence North 00 degrees 31
21    minutes 28 seconds East along east line of Lot 20 a
22    distance of 8.29 feet; thence South 88 degrees 51 minutes
23    10 seconds West, 259.42 feet to the Point of Beginning;
24    thence continuing South 88 degrees 51 minutes 10 seconds
25    West, 120.02 feet; thence North 00 degrees 08 minutes 55

 

 

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1    seconds West, 88.34 feet; thence North 89 degrees 51
2    minutes 05 seconds East, 30.00 feet; thence North 00
3    degrees 08 minutes 55 seconds West, 755.05 feet; thence
4    South 88 degrees 19 minutes 36 seconds East, 90.05 feet;
5    thence South 00 degrees 08 minutes 55 seconds East, 838.43
6    feet to the Point of Beginning containing 78,300.74 square
7    feet or 1.798 acre, more or less.
 
8    Parcel SR0021C
9    Part of Lot 20 of the Subdivision of the Northwest part of
10    the Northwest Quarter Section 23 and part of the East Half
11    of the Northeast Quarter and part of the Southeast Quarter
12    of Section 22, all in Township 16 North, Range 5 West of
13    the 3rd Principal Meridian, more particularly described as
14    follows:
15    Commencing at the Northwest corner of Lot 20, being the
16    intersection of the existing southerly right of way line
17    of Converse Avenue and the existing easterly right of way
18    line of Ninth Street; thence South 88 degrees 39 minutes
19    41 seconds East along the north line of Lot 20, being the
20    existing southerly right of way line of Converse Avenue,
21    258.03 feet to the Point of Beginning; thence continuing
22    South 88 degrees 39 minutes 41 seconds East along the
23    north line of Lot 20 a distance of 286.24 feet; thence
24    South 87 degrees 41 minutes 19 seconds West, 109.71 feet
25    thence North 88 degrees 19 minutes 36 seconds West, 90.05

 

 

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1    feet; thence North 84 degrees 24 minutes 06 seconds West,
2    86.94 feet to the Point of Beginning containing 1,267.54
3    square feet or 0.029 acre, more or less.
 
4PARCEL B:
 
5    PARCEL 1: The East-West alley lying South and adjacent to
6    Lots 1, 2, 3, 4, 5, 6 and 7, and North and adjacent to Lots
7    8, 9, 10, 11, 12, 13 and 14, in Block 4 of Edwards and
8    Mather's Addition. Situated in Sangamon County, Illinois.
 
9    PARCEL 2: The East-West alley lying South and adjacent to
10    Lots 8 and 9, and lying North and adjacent to Lots 10 and
11    11 in Block 3 of Edwards and Mather's Addition. Situated
12    in Sangamon County, Illinois.
 
13    Section 2-15. Conveyance.
14    (a) The City is pursuing a development project known as
15the Springfield High Speed Rail Corridor Improvement Project,
16and the City's corporate authorities have determined that it
17is in the best interest of the City, its residents, and the
18Project to acquire all of the real estate described as Parcel A
19in Section 2-10, consisting of a strip of land from the
20Department's Sangamo Complex in the City that is owned by the
21Department, including the land, existing foundation, slab
22structures, existing utility facilities, and other

 

 

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1improvements at or below grade level, all of which are the
2property of the State of Illinois. The corporate authorities
3of the City intend to use the property as part of the Project.
4    (b) To allow for the Project, the State of Illinois,
5through the CDB, shall access and evaluate for demolition,
6then the CDB shall demolish the State buildings down to the
7concrete slab, properly remediate as necessary the debris
8generated by the demolition, properly dispose of the debris,
9relocate or split and reestablish for future connection any
10and all necessary active utilities, and prepare for the
11reactivation of State buildings on the east and west of the
12future railroad right-of-way that is being established for the
13Project.
14    (c) Within 2 years of the effective date of this Act, the
15City shall reimburse the State for the entire cost of the
16demolition work, including the associated work described in
17subsection (b) for the State buildings.
18    (d) The City, using the City's own funds, shall remove the
19foundation and slab structures from the property to install
20the necessary infrastructure for the new rail system that is
21encompassed in the Project.
22    (e) The City, using the City's own funds, shall relocate
23to the appropriate public ways and streets the active
24storm-sewer line that is currently located in the Sangamo
25Complex parking lot and serves both the Sangamo Complex and
26other private entities nearby.

 

 

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1    (f) The City has assured the Administrator that the City
2shall accept the property described as Parcel A without any
3representation or warranty from the Department as to the
4condition of the property or the fitness of the property for
5any purpose. The corporate authorities of the City have also
6assured the Administrator that, upon the City's acquisition of
7the property from the Department, the City, through its
8agents, employees, and contractors, will diligently, timely,
9and fully carry out and accomplish all of its obligations
10under this Act.
11    (g) The Administrator is satisfied that, pursuant to the
12provisions and subject to all of the terms and conditions of
13this Act, the transfer of the property described in Section
142-10 as Parcel A to the City, in exchange for the property
15described in Section 2-10 as Parcel B, is in the interests of
16the State of Illinois.
17    (h) Notwithstanding any other law of the State of Illinois
18to the contrary, the Administrator is authorized under this
19Act, subject to the terms and conditions in this Act, to convey
20all right, title, and interest of the State of Illinois in and
21to the property described in Section 2-10 as Parcel A to the
22City in exchange for the property described in Section 2-10 as
23Parcel B and such other terms and conditions in the quitclaim
24deed and ancillary documents that the Administrator deems
25appropriate, with such exchange occurring pursuant to a
26Purchase and Sale Agreement prepared by the Department and

 

 

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1that the conveyances of the property authorized by this Act
2shall be made subject to existing public roads, existing
3rights of public utilities, existing rights of the public or
4quasipublic utilities, and any and all reservations,
5easements, encumbrances, covenants, agreements, and
6restrictions of record. Upon completion of the exchange
7described in this subsection (h), the Director shall convey by
8quitclaim deed all right, title, and interest in the property
9described in Section 2-10 as Parcel B to the Secretary of State
10for public use.
11    (i) The quitclaim deed to the property described in
12Section 2-10 as Parcel A shall contain a reverter clause
13providing, in language prepared by and acceptable to the
14Department, that title to the property described in Section
152-10 as Parcel A shall revert, without further action, to the
16State of Illinois if: the property is used for any purpose
17other than as described in this Act, which is use as an element
18of public transportation infrastructure by the City and its
19affiliates; or if an attempt is made, without the prior
20written consent of the Department, to sell the property to any
21person or entity or to convey or donate the property in any
22manner whatsoever. The language prepared by and acceptable to
23the Department may include, if the Director sees fit to
24include it, in the Director's discretion, a provision
25specifically empowering the Director to issue exemptions to
26the operation of the reverter clause on a case by case basis,

 

 

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1in each case at the Director's discretion following receipt of
2a request with full justification submitted by the City.
 
3    Section 2-20. Transfer stipulations; execution by the
4City; document recording. The transfer of title to the
5property described in Section 2-10 as Parcel A authorized
6under this Act shall be by quitclaim deed, which shall be
7prepared by the Department so that the transfer to the City is
8on an "AS IS", "WHERE IS", and "WITH ALL FAULTS" basis as of
9the date of conveyance, without any representation by the
10State of Illinois to the City, or any persons and entities
11whatsoever, as to the property's condition or fitness for any
12purpose. The deed shall be executed by the City as grantee in
13order to confirm the City's undertaking to abide by the
14requirements in this Act and the City's agreement to
15diligently, timely, and fully perform its obligations as set
16forth in this Act. All documents of transfer shall be recorded
17in Sangamon County.
 
18    Section 2-25. Director's authority regarding discretion,
19consent, and decisions. In any situation or instance in which,
20under the provisions of this Act, the Director is authorized
21to exercise discretion, or to grant or withhold consent, the
22Director's authority shall be deemed to be unfettered in
23making a decision, based on the Director's own determination
24as to the interests of the State of Illinois.
 

 

 

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1
Article 3.

 
2    Section 3-5. "An Act concerning land", approved May 27,
32022, Public Act 102-1015, is amended by changing Section 2-10
4as follows:
 
5    (P.A. 102-1015, Sec. 2-10)
6    Sec. 2-10. (a) The quitclaim deed executed under Section
72-5 shall convey all right, title, and interest of the State of
8Illinois and the Department of Corrections in and to the real
9property described in Section 2-5 to the Lockport Township
10Fire Protection District.
11    (b) The conveyance of real property authorized by Section
122-5 shall be made subject to existing public utilities,
13existing public roads, and any and all reservations,
14easements, encumbrances, covenants, and restrictions of
15record.
16    (c) The quitclaim deed to the Lockport Township Fire
17Protection District shall state on its face and be subject to
18the conditions that the real property shall be used by the
19Lockport Township Fire Protection District for public purposes
20related to the Fire Protection District a training center and
21that if the Lockport Township Fire Protection District ceases
22to exist, if the real property is used for any purposes other
23than the public purposes set forth in this Section a training

 

 

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1center, or if an attempt is made to sell the property, then
2title shall revert without further action to the State of
3Illinois.
4(Source: P.A. 102-1015, eff. 5-27-22.)
 
5    Section 99-99. Effective date. This Act takes effect upon
6becoming law.