HB3823sam001 102ND GENERAL ASSEMBLY

Sen. Doris Turner

Filed: 11/30/2022

10200HB3823sam001 LRB102 13072 HEP 41923 a

AMENDMENT TO HOUSE BILL 3823

AMENDMENT NO. ______. Amend House Bill 3823 by replacing everything after the enacting clause with the following:

"Article 1.

Section 1-5. The Director of the Department of Natural Resources, on behalf of the State of Illinois, is directed to execute and deliver to the Rend Lake Conservancy District, a body politic organized and existing under the laws of the State of Illinois, of the County of Franklin, State of Illinois, for and in consideration of $531,667 paid to the Department for deposit into the Park and Conservation Fund, a quitclaim deed to the following described real property:

A parcel of land conveyed to the People of the State of Illinois by Corporate Warranty Deed dated April 4, 1991, and recorded April 5, 1991, as Document Number 91-1519 in the Recorder's Office of Franklin County, Illinois, and re-recorded as Document Number 2010-4085 on September 10, 2010, and more particularly described as:

Part of the Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) of Section Nineteen (19), Township Five (5) South, Range Three (3) East of the Third (3rd) Principal Meridian, more particularly described as follows: Beginning at a Bureau of Land Management metal marker designated as AP 42 at the Northwest corner of the Northeast Quarter (NE 1/4) of the Northwest Quarter of said Section 19; thence North 89 degrees 46– minutes 51 seconds East along the North line of said Section 19 to an iron pin on the Westerly Right-of-Way of F. A. Route 126 a distance of 350.38 feet; thence along a non-tangent curve concave to the East having a radius of 1131.74 feet and to which beginning a radial line bears North 84 degrees 37– minutes 57 seconds West; thence Southeasterly 266.74 feet along said curve through a central angle of 13 degrees 30– minutes 14 seconds; thence North 81 degrees 50– minutes 15 seconds East to an iron pin on said Right-of-Way a distance of 15.00 feet; thence along a non-tangent curve concave to the East having a radius of 1116.74 feet and to which beginning a radial line bears South 81 degrees 51– minutes 51 seconds West; thence Southeasterly 413.72 along said curve through a central angle of 21 degrees 13– minutes 36 seconds; thence South 89 degrees 46– minutes 51 seconds West to an iron pin on the West line of the Northeast Quarter of the Northwest Quarter of said Section 19 a distance of 502.58 feet; thence North 0degrees 06– minutes 47 seconds West along said West line a distance of 654.02 feet to the point of beginning; excepting all the coal, oil, gas and other minerals underlying the same and all rights and easements in favor of the owner of the mineral estate or of any party claiming by, through or under said estate, situated in FRANKLIN COUNTY, ILLINOIS.

Section 1-10. The conveyance of real property authorized by Section 1-5 shall be made subject to: existing public utilities, existing public roads, and any and all reservations, easements, encumbrances, covenants, and restrictions of record.

Section 1-15. Within 60 days after the effective date of this Act, the Director of Natural Resources shall obtain a certified copy of the portions of this Act containing the title, the enacting clause, the effective date, and this Article and, upon receipt of the payment required by this Article, shall ensure that the certified copy of the portions of this Act named by this Section and the quitclaim deed conveying the land are provided to the Rend Lake Conservancy District, to be recorded by the Rend Lake Conservancy District in the Recorder's Office in the county in which the land is located.

Article 2.

Section 2-5. Definitions. As used in this Article:

"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 2-10 as Parcel A, 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.

"This Act" means this Article.

Section 2-10. 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 exchange certain real property in Sangamon County, Illinois, hereinafter referred to in this Section as Parcel A, for certain real property of equal or greater value in Sangamon County, Illinois, hereinafter referred to in this Section as Parcel B, the Parcels being described as follows:

PARCEL A:

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.

PARCEL B:

PARCEL 1: The East-West alley lying South and adjacent to Lots 1, 2, 3, 4, 5, 6 and 7, and North and adjacent to Lots 8, 9, 10, 11, 12, 13 and 14, in Block 4 of Edwards and Mather's Addition. Situated in Sangamon County, Illinois.

PARCEL 2: The East-West alley lying South and adjacent to Lots 8 and 9, and lying North and adjacent to Lots 10 and 11 in Block 3 of Edwards and Mather's Addition. Situated in Sangamon County, Illinois.

Section 2-15. 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 as Parcel A in Section 2-10, 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 described as Parcel A 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 described in Section 2-10 as Parcel A to the City, in exchange for the property described in Section 2-10 as Parcel B, 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 convey all right, title, and interest of the State of Illinois in and to the property described in Section 2-10 as Parcel A to the City in exchange for the property described in Section 2-10 as Parcel B and such other terms and conditions in the quitclaim deed and ancillary documents that the Administrator deems appropriate, with such exchange occurring pursuant to a Purchase and Sale Agreement prepared by the Department and that the conveyances 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. Upon completion of the exchange described in this subsection (h), the Director shall convey by quitclaim deed all right, title, and interest in the property described in Section 2-10 as Parcel B to the Secretary of State for public use.

(i) The quitclaim deed to the property described in Section 2-10 as Parcel A shall contain a reverter clause providing, in language prepared by and acceptable to the Department, that title to the property described in Section 2-10 as Parcel A 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 2-20. Transfer stipulations; execution by the City; document recording. The transfer of title to the property described in Section 2-10 as Parcel A 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 conveyance, 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 2-25. Director's authority regarding discretion, consent, and decisions. In any situation or instance in which, 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.

Article 3.

Section 3-5. "An Act concerning land", approved May 27, 2022, Public Act 102-1015, is amended by changing Section 2-10 as follows:

(P.A. 102-1015, Sec. 2-10)

Sec. 2-10. (a) The quitclaim deed executed under Section 2-5 shall convey all right, title, and interest of the State of Illinois and the Department of Corrections in and to the real property described in Section 2-5 to the Lockport Township Fire Protection District.

(b) The conveyance of real property authorized by Section 2-5 shall be made subject to existing public utilities, existing public roads, and any and all reservations, easements, encumbrances, covenants, and restrictions of record.

(c) The quitclaim deed to the Lockport Township Fire Protection District shall state on its face and be subject to the conditions that the real property shall be used by the Lockport Township Fire Protection District for public purposes related to the Fire Protection District a training center and that if the Lockport Township Fire Protection District ceases to exist, if the real property is used for any purposes other than the public purposes set forth in this Section a training center, or if an attempt is made to sell the property, then title shall revert without further action to the State of Illinois.

(Source: P.A. 102-1015, eff. 5-27-22.)

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