Sen. Doris Turner
Filed: 11/30/2022
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1 | AMENDMENT TO HOUSE BILL 3823
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2 | AMENDMENT NO. ______. Amend House Bill 3823 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Article 1. | ||||||
5 | Section 1-5. The Director of the Department of Natural | ||||||
6 | Resources, on behalf of the State of Illinois, is directed to | ||||||
7 | execute and deliver to the Rend Lake Conservancy District, a | ||||||
8 | body politic organized and existing under the laws of the | ||||||
9 | State of Illinois, of the County of Franklin, State of | ||||||
10 | Illinois, for and in consideration of $531,667 paid to the | ||||||
11 | Department for deposit into the Park and Conservation Fund, a | ||||||
12 | quitclaim 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 |
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1 | the Recorder's Office of Franklin County, Illinois, and | ||||||
2 | re-recorded as Document Number 2010-4085 on September 10, | ||||||
3 | 2010, and more particularly described as: | ||||||
4 | Part of the Northeast Quarter (NE 1/4) of the Northwest | ||||||
5 | Quarter (NW 1/4) of Section Nineteen (19), Township Five | ||||||
6 | (5) South, Range Three (3) East of the Third (3rd) | ||||||
7 | Principal Meridian, more particularly described as | ||||||
8 | follows: Beginning at a Bureau of Land Management metal | ||||||
9 | marker designated as AP 42 at the Northwest corner of the | ||||||
10 | Northeast Quarter (NE 1/4) of the Northwest Quarter of | ||||||
11 | said Section 19; thence North 89 degrees 46– minutes 51 | ||||||
12 | seconds East along the North line of said Section 19 to an | ||||||
13 | iron pin on the Westerly Right-of-Way of F. A. Route 126 a | ||||||
14 | distance of 350.38 feet; thence along a non-tangent curve | ||||||
15 | concave to the East having a radius of 1131.74 feet and to | ||||||
16 | which beginning a radial line bears North 84 degrees 37– | ||||||
17 | minutes 57 seconds West; thence Southeasterly 266.74 feet | ||||||
18 | along said curve through a central angle of 13 degrees 30– | ||||||
19 | minutes 14 seconds; thence North 81 degrees 50– minutes 15 | ||||||
20 | seconds East to an iron pin on said Right-of-Way a | ||||||
21 | distance of 15.00 feet; thence along a non-tangent curve | ||||||
22 | concave to the East having a radius of 1116.74 feet and to | ||||||
23 | which beginning a radial line bears South 81 degrees 51– | ||||||
24 | minutes 51 seconds West; thence Southeasterly 413.72 along | ||||||
25 | said curve through a central angle of 21 degrees 13– |
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1 | minutes 36 seconds; thence South 89 degrees 46– minutes 51 | ||||||
2 | seconds West to an iron pin on the West line of the | ||||||
3 | Northeast Quarter of the Northwest Quarter of said Section | ||||||
4 | 19 a distance of 502.58 feet; thence North 0degrees 06– | ||||||
5 | minutes 47 seconds West along said West line a distance of | ||||||
6 | 654.02 feet to the point of beginning; excepting all the | ||||||
7 | coal, oil, gas and other minerals underlying the same and | ||||||
8 | all rights and easements in favor of the owner of the | ||||||
9 | mineral estate or of any party claiming by, through or | ||||||
10 | under said estate,
situated in FRANKLIN COUNTY, ILLINOIS. | ||||||
11 | Section 1-10. The conveyance of real property authorized | ||||||
12 | by Section 1-5 shall be made subject to: existing public | ||||||
13 | utilities, existing public roads, and any and all | ||||||
14 | reservations, easements, encumbrances, covenants, and | ||||||
15 | restrictions of record. | ||||||
16 | Section 1-15. Within 60 days after the effective date of | ||||||
17 | this Act, the Director of Natural Resources shall obtain a | ||||||
18 | certified copy of the portions of this Act containing the | ||||||
19 | title, the enacting clause, the effective date, and this | ||||||
20 | Article and, upon receipt of the payment required by this | ||||||
21 | Article, shall ensure that the certified copy of the portions | ||||||
22 | of this Act named by this Section and the quitclaim deed | ||||||
23 | conveying the land are provided to the Rend Lake Conservancy | ||||||
24 | District, to be recorded by the Rend Lake Conservancy District |
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1 | in the Recorder's Office in the county in which the land is | ||||||
2 | located. | ||||||
3 | Article 2. | ||||||
4 | Section 2-5. Definitions. As used in this Article: | ||||||
5 | "CDB" means the State's Capital Development Board. | ||||||
6 | "City" means the City of Springfield, an Illinois | ||||||
7 | Municipal Corporation, Sangamon County, Illinois. | ||||||
8 | "Corporate authorities" has the same meaning as set forth | ||||||
9 | in Section 1-1-2 of the Illinois Municipal Code. | ||||||
10 | "Demolition work" means the demolition of the State | ||||||
11 | buildings down to the concrete slab, the proper remediation as | ||||||
12 | necessary of the debris generated by the demolition, the | ||||||
13 | proper disposal of the debris, the relocation or splitting and | ||||||
14 | reestablishing for future connection of any and all necessary | ||||||
15 | active utilities, and the preparation for the reactivation of | ||||||
16 | State buildings on the east and west of the future railroad | ||||||
17 | right-of-way that is being established for the Project. | ||||||
18 | "Department" means the Department of Central Management | ||||||
19 | Services. | ||||||
20 | "Director" and "Administrator" mean the Director of the | ||||||
21 | Department. | ||||||
22 | "Project" means the development project known as the | ||||||
23 | Springfield High Speed Rail Corridor Improvement Project. | ||||||
24 | "Property" means all of the real estate described in |
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1 | Section 2-10 as Parcel A, consisting of a strip of land from | ||||||
2 | the Department's Sangamo Complex in the City that is owned by | ||||||
3 | the Department. | ||||||
4 | "State buildings" means certain structures of the Sangamo | ||||||
5 | Complex as identified by the Department. | ||||||
6 | "This Act" means this Article. | ||||||
7 | Section 2-10. Land transfer for the Project. Pursuant to | ||||||
8 | the provisions and subject to the terms and conditions of this | ||||||
9 | Act, the Director, on behalf of the State of Illinois, is | ||||||
10 | authorized to exchange certain real property in Sangamon | ||||||
11 | County, Illinois, hereinafter referred to in this Section as | ||||||
12 | Parcel A, for certain real property of equal or greater value | ||||||
13 | in Sangamon County, Illinois, hereinafter referred to in this | ||||||
14 | Section as Parcel B, the Parcels being described as follows: | ||||||
15 | PARCEL A: | ||||||
16 | Common Address: 1021 North Grand Avenue East, Springfield, | ||||||
17 | IL 62702 | ||||||
18 | Parcel SR0021A | ||||||
19 | Part of Lot 20 of the Subdivision of the Northwest part of | ||||||
20 | the Northwest Quarter Section 23 and part of the East Half | ||||||
21 | of the Northeast Quarter and part of the Southeast Quarter | ||||||
22 | of Section 22, all in Township 16 North, Range 5 West of |
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1 | the 3rd Principal Meridian, more particularly described as | ||||||
2 | follows: | ||||||
3 | Beginning at the Southeast corner of Lot 20, being the | ||||||
4 | intersection of the existing northerly right of way line | ||||||
5 | of North Grand Avenue and the existing westerly right of | ||||||
6 | way line of Eleventh Street; thence South 88 degrees 47 | ||||||
7 | minutes 07 seconds West along south line of Lot 20, being | ||||||
8 | the existing northerly right of way line of North Grand | ||||||
9 | Avenue, 480.93 feet; thence North 00 degrees 02 minutes 56 | ||||||
10 | seconds East, 8.86 feet; thence North 88 degrees 51 | ||||||
11 | minutes 10 seconds East, 480.99 feet to the east line of | ||||||
12 | Lot 20, being existing westerly right of way line of | ||||||
13 | Eleventh Street; thence South 00 degrees 31 minutes 28 | ||||||
14 | seconds West along east line of Lot 20 a distance of 8.29 | ||||||
15 | feet to the Point of Beginning containing 4,124.40 square | ||||||
16 | feet or 0.095 acre, more or less. | ||||||
17 | Parcel SR0021B | ||||||
18 | Part of Lot 20 of the Subdivision of the Northwest part of | ||||||
19 | the Northwest Quarter Section 23 and part of the East Half | ||||||
20 | of the Northeast Quarter and part of the Southeast Quarter | ||||||
21 | of Section 22, all in Township 16 North, Range 5 West of | ||||||
22 | the 3rd Principal Meridian, more particularly described as | ||||||
23 | follows: | ||||||
24 | Commencing at the Southeast corner of Lot 20, being the | ||||||
25 | intersection of the existing northerly right of way line |
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1 | of North Grand Avenue and the existing westerly right of | ||||||
2 | way line of Eleventh Street; thence North 00 degrees 31 | ||||||
3 | minutes 28 seconds East along east line of Lot 20 a | ||||||
4 | distance of 8.29 feet; thence South 88 degrees 51 minutes | ||||||
5 | 10 seconds West, 259.42 feet to the Point of Beginning; | ||||||
6 | thence continuing South 88 degrees 51 minutes 10 seconds | ||||||
7 | West, 120.02 feet; thence North 00 degrees 08 minutes 55 | ||||||
8 | seconds West, 88.34 feet; thence North 89 degrees 51 | ||||||
9 | minutes 05 seconds East, 30.00 feet; thence North 00 | ||||||
10 | degrees 08 minutes 55 seconds West, 755.05 feet; thence | ||||||
11 | South 88 degrees 19 minutes 36 seconds East, 90.05 feet; | ||||||
12 | thence South 00 degrees 08 minutes 55 seconds East, 838.43 | ||||||
13 | feet to the Point of Beginning containing 78,300.74 square | ||||||
14 | feet or 1.798 acre, more or less. | ||||||
15 | Parcel SR0021C | ||||||
16 | Part of Lot 20 of the Subdivision of the Northwest part of | ||||||
17 | the Northwest Quarter Section 23 and part of the East Half | ||||||
18 | of the Northeast Quarter and part of the Southeast Quarter | ||||||
19 | of Section 22, all in Township 16 North, Range 5 West of | ||||||
20 | the 3rd Principal Meridian, more particularly described as | ||||||
21 | follows: | ||||||
22 | Commencing at the Northwest corner of Lot 20, being the | ||||||
23 | intersection of the existing southerly right of way line | ||||||
24 | of Converse Avenue and the existing easterly right of way | ||||||
25 | line of Ninth Street; thence South 88 degrees 39 minutes |
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1 | 41 seconds East along the north line of Lot 20, being the | ||||||
2 | existing southerly right of way line of Converse Avenue, | ||||||
3 | 258.03 feet to the Point of Beginning; thence continuing | ||||||
4 | South 88 degrees 39 minutes 41 seconds East along the | ||||||
5 | north line of Lot 20 a distance of 286.24 feet; thence | ||||||
6 | South 87 degrees 41 minutes 19 seconds West, 109.71 feet | ||||||
7 | thence North 88 degrees 19 minutes 36 seconds West, 90.05 | ||||||
8 | feet; thence North 84 degrees 24 minutes 06 seconds West, | ||||||
9 | 86.94 feet to the Point of Beginning containing 1,267.54 | ||||||
10 | square feet or 0.029 acre, more or less. | ||||||
11 | PARCEL B: | ||||||
12 | PARCEL 1: The East-West alley lying South and adjacent to | ||||||
13 | Lots 1, 2, 3, 4, 5, 6 and 7, and North and adjacent to Lots | ||||||
14 | 8, 9, 10, 11, 12, 13 and 14, in Block 4 of Edwards and | ||||||
15 | Mather's Addition. Situated in Sangamon County, Illinois. | ||||||
16 | PARCEL 2: The East-West alley lying South and adjacent to | ||||||
17 | Lots 8 and 9, and lying North and adjacent to Lots 10 and | ||||||
18 | 11 in Block 3 of Edwards and Mather's Addition. Situated | ||||||
19 | in Sangamon County, Illinois.
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20 | Section 2-15. Conveyance. | ||||||
21 | (a) The City is pursuing a development project known as | ||||||
22 | the Springfield High Speed Rail Corridor Improvement Project, |
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1 | and the City's corporate authorities have determined that it | ||||||
2 | is in the best interest of the City, its residents, and the | ||||||
3 | Project to acquire all of the real estate described as Parcel A | ||||||
4 | in Section 2-10, consisting of a strip of land from the | ||||||
5 | Department's Sangamo Complex in the City that is owned by the | ||||||
6 | Department, including the land, existing foundation, slab | ||||||
7 | structures, existing utility facilities, and other | ||||||
8 | improvements at or below grade level, all of which are the | ||||||
9 | property of the State of Illinois. The corporate authorities | ||||||
10 | of the City intend to use the property as part of the Project. | ||||||
11 | (b) To allow for the Project, the State of Illinois, | ||||||
12 | through the CDB, shall access and evaluate for demolition, | ||||||
13 | then the CDB shall demolish the State buildings down to the | ||||||
14 | concrete slab, properly remediate as necessary the debris | ||||||
15 | generated by the demolition, properly dispose of the debris, | ||||||
16 | relocate or split and reestablish for future connection any | ||||||
17 | and all necessary active utilities, and prepare for the | ||||||
18 | reactivation of State buildings on the east and west of the | ||||||
19 | future railroad right-of-way that is being established for the | ||||||
20 | Project. | ||||||
21 | (c) Within 2 years of the effective date of this Act, the | ||||||
22 | City shall reimburse the State for the entire cost of the | ||||||
23 | demolition work, including the associated work described in | ||||||
24 | subsection (b) for the State buildings. | ||||||
25 | (d) The City, using the City's own funds, shall remove the | ||||||
26 | foundation and slab structures from the property to install |
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1 | the necessary infrastructure for the new rail system that is | ||||||
2 | encompassed in the Project. | ||||||
3 | (e) The City, using the City's own funds, shall relocate | ||||||
4 | to the appropriate public ways and streets the active | ||||||
5 | storm-sewer line that is currently located in the Sangamo | ||||||
6 | Complex parking lot and serves both the Sangamo Complex and | ||||||
7 | other private entities nearby. | ||||||
8 | (f) The City has assured the Administrator that the City | ||||||
9 | shall accept the property described as Parcel A without any | ||||||
10 | representation or warranty from the Department as to the | ||||||
11 | condition of the property or the fitness of the property for | ||||||
12 | any purpose. The corporate authorities of the City have also | ||||||
13 | assured the Administrator that, upon the City's acquisition of | ||||||
14 | the property from the Department, the City, through its | ||||||
15 | agents, employees, and contractors, will diligently, timely, | ||||||
16 | and fully carry out and accomplish all of its obligations | ||||||
17 | under this Act. | ||||||
18 | (g) The Administrator is satisfied that, pursuant to the | ||||||
19 | provisions and subject to all of the terms and conditions of | ||||||
20 | this Act, the transfer of the property described in Section | ||||||
21 | 2-10 as Parcel A to the City, in exchange for the property | ||||||
22 | described in Section 2-10 as Parcel B, is in the interests of | ||||||
23 | the State of Illinois. | ||||||
24 | (h) Notwithstanding any other law of the State of Illinois | ||||||
25 | to the contrary, the Administrator is authorized under this | ||||||
26 | Act, subject to the terms and conditions in this Act, to convey |
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1 | all right, title, and interest of the State of Illinois in and | ||||||
2 | to the property described in Section 2-10 as Parcel A to the | ||||||
3 | City in exchange for the property described in Section 2-10 as | ||||||
4 | Parcel B and such other terms and conditions in the quitclaim | ||||||
5 | deed and ancillary documents that the Administrator deems | ||||||
6 | appropriate, with such exchange occurring pursuant to a | ||||||
7 | Purchase and Sale Agreement prepared by the Department and | ||||||
8 | that the conveyances of the property authorized by this Act | ||||||
9 | shall be made subject to existing public roads, existing | ||||||
10 | rights of public utilities, existing rights of the public or | ||||||
11 | quasipublic utilities, and any and all reservations, | ||||||
12 | easements, encumbrances, covenants, agreements, and | ||||||
13 | restrictions of record. Upon completion of the exchange | ||||||
14 | described in this subsection (h), the Director shall convey by | ||||||
15 | quitclaim deed all right, title, and interest in the property | ||||||
16 | described in Section 2-10 as Parcel B to the Secretary of State | ||||||
17 | for public use. | ||||||
18 | (i) The quitclaim deed to the property described in | ||||||
19 | Section 2-10 as Parcel A shall contain a reverter clause | ||||||
20 | providing, in language prepared by and acceptable to the | ||||||
21 | Department, that title to the property described in Section | ||||||
22 | 2-10 as Parcel A shall revert, without further action, to the | ||||||
23 | State of Illinois if: the property is used for any purpose | ||||||
24 | other than as described in this Act, which is use as an element | ||||||
25 | of public transportation infrastructure by the City and its | ||||||
26 | affiliates; or if an attempt is made, without the prior |
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1 | written consent of the Department, to sell the property to any | ||||||
2 | person or entity or to convey or donate the property in any | ||||||
3 | manner whatsoever. The language prepared by and acceptable to | ||||||
4 | the Department may include, if the Director sees fit to | ||||||
5 | include it, in the Director's discretion, a provision | ||||||
6 | specifically empowering the Director to issue exemptions to | ||||||
7 | the operation of the reverter clause on a case by case basis, | ||||||
8 | in each case at the Director's discretion following receipt of | ||||||
9 | a request with full justification submitted by the City. | ||||||
10 | Section 2-20. Transfer stipulations; execution by the | ||||||
11 | City; document recording. The transfer of title to the | ||||||
12 | property described in Section 2-10 as Parcel A authorized | ||||||
13 | under this Act shall be by quitclaim deed, which shall be | ||||||
14 | prepared by the Department so that the transfer to the City is | ||||||
15 | on an "AS IS", "WHERE IS", and "WITH ALL FAULTS" basis as of | ||||||
16 | the date of conveyance, without any representation by the | ||||||
17 | State of Illinois to the City, or any persons and entities | ||||||
18 | whatsoever, as to the property's condition or fitness for any | ||||||
19 | purpose. The deed shall be executed by the City as grantee in | ||||||
20 | order to confirm the City's undertaking to abide by the | ||||||
21 | requirements in this Act and the City's agreement to | ||||||
22 | diligently, timely, and fully perform its obligations as set | ||||||
23 | forth in this Act. All documents of transfer shall be recorded | ||||||
24 | in Sangamon County. |
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1 | Section 2-25. Director's authority regarding discretion, | ||||||
2 | consent, and decisions. In any situation or instance in which, | ||||||
3 | under the provisions of this Act, the Director is authorized | ||||||
4 | to exercise discretion, or to grant or withhold consent, the | ||||||
5 | Director's authority shall be deemed to be unfettered in | ||||||
6 | making a decision, based on the Director's own determination | ||||||
7 | as to the interests of the State of Illinois. | ||||||
8 | Article 3. | ||||||
9 | Section 3-5. "An Act concerning land", approved May 27, | ||||||
10 | 2022, Public Act 102-1015, is amended by changing Section 2-10 | ||||||
11 | as follows: | ||||||
12 | (P.A. 102-1015, Sec. 2-10)
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13 | Sec. 2-10. (a) The quitclaim deed executed under Section | ||||||
14 | 2-5 shall convey all right, title, and interest of the State of | ||||||
15 | Illinois and the Department of Corrections in and to the real | ||||||
16 | property described in Section 2-5 to the Lockport Township | ||||||
17 | Fire Protection District. | ||||||
18 | (b) The conveyance of real property authorized by Section | ||||||
19 | 2-5 shall be made subject to existing public utilities, | ||||||
20 | existing public roads, and any and all reservations, | ||||||
21 | easements, encumbrances, covenants, and restrictions of | ||||||
22 | record. | ||||||
23 | (c) The quitclaim deed to the Lockport Township Fire |
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1 | Protection District shall state on its face and be subject to | ||||||
2 | the conditions that the real property shall be used by the | ||||||
3 | Lockport Township Fire Protection District for public purposes | ||||||
4 | related to the Fire Protection District a training center and | ||||||
5 | that if the Lockport Township Fire Protection District ceases | ||||||
6 | to exist, if the real property is used for any purposes other | ||||||
7 | than the public purposes set forth in this Section a training | ||||||
8 | center , or if an attempt is made to sell the property, then | ||||||
9 | title shall revert without further action to the State of | ||||||
10 | Illinois.
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11 | (Source: P.A. 102-1015, eff. 5-27-22.)
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12 | Section 99-99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.".
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