Sen. James A. DeLeo

Filed: 5/4/2005

 

 


 

 


 
09400HB0325sam001 LRB094 06741 RSP 45931 a

1
AMENDMENT TO HOUSE BILL 325

2     AMENDMENT NO. ______. Amend House Bill 325 immediately
3 after the title, by inserting the following:
4     "WHEREAS, The State of Illinois owns certain real property
5 in the City of Chicago in the Dunning Community Area in Cook
6 County, located in Township 40 North, Range 13 East, Section
7 18, that is under the jurisdiction of the Department of Human
8 Services for the operation of the Chicago Read Mental Health
9 Center; and
 
10     WHEREAS, Approximately 30 acres of the Chicago Read Mental
11 Health Center property contain 2 wetlands, an emergent wetland,
12 and other open space that benefit the protection of the Des
13 Plaines watershed; and
 
14     Whereas, State-owned wetlands are governed by and must be
15 managed according to the Interagency Wetlands Policy Act of
16 1989 and provisions of Part 1090 of Title 17 of the Illinois
17 Administrative Code; and
 
18     Whereas, The mission of the Illinois Department of Human
19 Services is to improve the health, well-being, and quality of
20 life of Illinois citizens; and
 
21     Whereas, Parks, open spaces, and forests are important
22 components for the health and well-being of urban residents,

 

 

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1 contributing to the prevention and amelioration of illness not
2 only by facilitating improvements in physical fitness through
3 exercise, but also by facilitating positive emotional,
4 intellectual, and social experiences; and
 
5     Whereas, The Dunning Community Area, in which the property
6 is located, has been identified as underserved by open space
7 and parks in the Land Policies Plans completed by the City and
8 the Chicago Park District, that note that 2 large segments of
9 the Dunning Community have no open space or parkland
10 whatsoever; and
 
11     Whereas, The Dunning property was originally donated to
12 Cook County in 1868 by the Dunning family for health and social
13 purposes and was operated by the County as a "poor farm" and a
14 facility for the mentally ill until 1912; and
 
15     Whereas, In 1912 Cook County conveyed the 235-acre Dunning
16 property to the State of Illinois to be used for health and
17 social purposes as stated in the original land covenant;
18 therefore"; and
 
19 by replacing everything after the enacting clause with the
20 following:
 
21     "Section 5. The Illinois Department of Human Services is
22 hereby authorized to grant and convey a permanent conservation
23 easement to the Illinois Department of Natural Resources on a
24 parcel containing 30 acres, more or less, that is located in
25 Section 18, Township 40 North, Range 13 East of the third
26 principal meridian, Cook County, Illinois, situated to the West
27 and South of the Chicago Read Mental Health Center, for the
28 purpose of preserving and protecting the wetlands and forested
29 area for the benefit of the patients of the facility, the

 

 

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1 community, and the general public, this 30-acre parcel being
2 more particularly described under Section 10 of this Act.
 
3     Section 10. A parcel containing 30 acres, more or less,
4 located in Section 18, Township 40 North, Range 13 East of the
5 third principal meridian, Cook County, Illinois, situated to
6 the West and South of the Chicago Read Mental Health Center, a
7 more accurate description to be made by an Illinois
8 professional land surveyor, the cost of the survey to be paid
9 for by Friends of the Parks.
 
10     Section 15. The Board of Trustees of The University of
11 Illinois must convey to Gene Michael Vanderport, of Vermilion
12 County, Illinois, in exchange for fair market value, based on
13 the average of 3 certified appraisals, certain real property
14 located in Vermilion County, Illinois and described as follows:
15     A tract of land in the Southwest Fractional Quarter of
16     Section 1, Township 18 North, Range 11 West of the 2nd
17     Principal Meridian, bounded and described as follows:
18     Beginning at the Northwest corner of the Southwest
19     Fractional Quarter of Section 1, Township 18 North, Range
20     11 West of the 2nd Principal Meridian; thence down the
21     Vermilion River following the meanders thereof 58 poles to
22     a stone; thence in a Northeasterly direction or course to a
23     point so as to strike the North line of said Southwest
24     Fractional Quarter of said Section 1, 17 poles West of the
25     Northeast corner of said Southwest Fractional Quarter of
26     said Section 1; thence West to the place of beginning,
27     EXCEPT 4.5 acres in a triangular shape off the Northeast
28     corner of said described tract, situated in Vermilion
29     County, Illinois.
 
30     Section 20. (a) The State Property Control Act does not
31 apply to the transfer of the real property described in Section

 

 

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1 15 of this Act.
2     (b) The provisions of this Act are judicially enforceable.
 
3     Section 90. The State Property Control Act is amended by
4 changing Section 1.02 as follows:
 
5     (30 ILCS 605/1.02)  (from Ch. 127, par. 133b3)
6     Sec. 1.02. "Property" means State owned property and
7 includes all real estate, with the exception of rights of way
8 for State water resource and highway improvements, traffic
9 signs and traffic signals, and with the exception of common
10 school property; and all tangible personal property with the
11 exception of properties specifically exempted by the
12 administrator, provided that any property originally
13 classified as real property which has been detached from its
14 structure shall be classified as personal property.
15     "Property" does not include property owned by the Illinois
16 Medical District Commission and leased or occupied by others
17 for purposes permitted under the Illinois Medical District Act.
18 "Property" also does not include property owned and held by the
19 Illinois Medical District Commission for redevelopment.
20     "Property" does not include property described under
21 Section 5 of Public Act 92-371 with respect to depositing the
22 net proceeds from the sale or exchange of the property as
23 provided in Section 10 of that Act.
24     "Property" does not include that property described under
25 Section 15 of this amendatory Act of the 94th General Assembly.
26 (Source: P.A. 92-371, eff. 8-15-01; 92-651, eff. 7-11-02.)
 
27     Section 99. Effective date. This Act takes effect upon
28 becoming law.".