HB3823sam001 102ND GENERAL ASSEMBLY

Sen. Doris Turner

Filed: 11/30/2022

 

 


 

 


 
10200HB3823sam001LRB102 13072 HEP 41923 a

1
AMENDMENT TO HOUSE BILL 3823

2    AMENDMENT NO. ______. Amend House Bill 3823 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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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
12by Section 1-5 shall be made subject to: existing public
13utilities, existing public roads, and any and all
14reservations, easements, encumbrances, covenants, and
15restrictions of record.
 
16    Section 1-15. Within 60 days after the effective date of
17this Act, the Director of Natural Resources shall obtain a
18certified copy of the portions of this Act containing the
19title, the enacting clause, the effective date, and this
20Article and, upon receipt of the payment required by this
21Article, shall ensure that the certified copy of the portions
22of this Act named by this Section and the quitclaim deed
23conveying the land are provided to the Rend Lake Conservancy
24District, to be recorded by the Rend Lake Conservancy District

 

 

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1in the Recorder's Office in the county in which the land is
2located.
 
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
7Municipal Corporation, Sangamon County, Illinois.
8    "Corporate authorities" has the same meaning as set forth
9in Section 1-1-2 of the Illinois Municipal Code.
10    "Demolition work" means the demolition of the State
11buildings down to the concrete slab, the proper remediation as
12necessary of the debris generated by the demolition, the
13proper disposal of the debris, the relocation or splitting and
14reestablishing for future connection of any and all necessary
15active utilities, and the preparation for the reactivation of
16State buildings on the east and west of the future railroad
17right-of-way that is being established for the Project.
18    "Department" means the Department of Central Management
19Services.
20    "Director" and "Administrator" mean the Director of the
21Department.
22    "Project" means the development project known as the
23Springfield High Speed Rail Corridor Improvement Project.
24    "Property" means all of the real estate described in

 

 

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1Section 2-10 as Parcel A, consisting of a strip of land from
2the Department's Sangamo Complex in the City that is owned by
3the Department.
4    "State buildings" means certain structures of the Sangamo
5Complex as identified by the Department.
6    "This Act" means this Article.
 
7    Section 2-10. Land transfer for the Project. Pursuant to
8the provisions and subject to the terms and conditions of this
9Act, the Director, on behalf of the State of Illinois, is
10authorized to exchange certain real property in Sangamon
11County, Illinois, hereinafter referred to in this Section as
12Parcel A, for certain real property of equal or greater value
13in Sangamon County, Illinois, hereinafter referred to in this
14Section as Parcel B, the Parcels being described as follows:
 
15PARCEL 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.
 
11PARCEL 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.
 
20    Section 2-15. Conveyance.
21    (a) The City is pursuing a development project known as
22the Springfield High Speed Rail Corridor Improvement Project,

 

 

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1and the City's corporate authorities have determined that it
2is in the best interest of the City, its residents, and the
3Project to acquire all of the real estate described as Parcel A
4in Section 2-10, consisting of a strip of land from the
5Department's Sangamo Complex in the City that is owned by the
6Department, including the land, existing foundation, slab
7structures, existing utility facilities, and other
8improvements at or below grade level, all of which are the
9property of the State of Illinois. The corporate authorities
10of the City intend to use the property as part of the Project.
11    (b) To allow for the Project, the State of Illinois,
12through the CDB, shall access and evaluate for demolition,
13then the CDB shall demolish the State buildings down to the
14concrete slab, properly remediate as necessary the debris
15generated by the demolition, properly dispose of the debris,
16relocate or split and reestablish for future connection any
17and all necessary active utilities, and prepare for the
18reactivation of State buildings on the east and west of the
19future railroad right-of-way that is being established for the
20Project.
21    (c) Within 2 years of the effective date of this Act, the
22City shall reimburse the State for the entire cost of the
23demolition work, including the associated work described in
24subsection (b) for the State buildings.
25    (d) The City, using the City's own funds, shall remove the
26foundation and slab structures from the property to install

 

 

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1the necessary infrastructure for the new rail system that is
2encompassed in the Project.
3    (e) The City, using the City's own funds, shall relocate
4to the appropriate public ways and streets the active
5storm-sewer line that is currently located in the Sangamo
6Complex parking lot and serves both the Sangamo Complex and
7other private entities nearby.
8    (f) The City has assured the Administrator that the City
9shall accept the property described as Parcel A without any
10representation or warranty from the Department as to the
11condition of the property or the fitness of the property for
12any purpose. The corporate authorities of the City have also
13assured the Administrator that, upon the City's acquisition of
14the property from the Department, the City, through its
15agents, employees, and contractors, will diligently, timely,
16and fully carry out and accomplish all of its obligations
17under this Act.
18    (g) The Administrator is satisfied that, pursuant to the
19provisions and subject to all of the terms and conditions of
20this Act, the transfer of the property described in Section
212-10 as Parcel A to the City, in exchange for the property
22described in Section 2-10 as Parcel B, is in the interests of
23the State of Illinois.
24    (h) Notwithstanding any other law of the State of Illinois
25to the contrary, the Administrator is authorized under this
26Act, subject to the terms and conditions in this Act, to convey

 

 

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1all right, title, and interest of the State of Illinois in and
2to the property described in Section 2-10 as Parcel A to the
3City in exchange for the property described in Section 2-10 as
4Parcel B and such other terms and conditions in the quitclaim
5deed and ancillary documents that the Administrator deems
6appropriate, with such exchange occurring pursuant to a
7Purchase and Sale Agreement prepared by the Department and
8that the conveyances of the property authorized by this Act
9shall be made subject to existing public roads, existing
10rights of public utilities, existing rights of the public or
11quasipublic utilities, and any and all reservations,
12easements, encumbrances, covenants, agreements, and
13restrictions of record. Upon completion of the exchange
14described in this subsection (h), the Director shall convey by
15quitclaim deed all right, title, and interest in the property
16described in Section 2-10 as Parcel B to the Secretary of State
17for public use.
18    (i) The quitclaim deed to the property described in
19Section 2-10 as Parcel A shall contain a reverter clause
20providing, in language prepared by and acceptable to the
21Department, that title to the property described in Section
222-10 as Parcel A shall revert, without further action, to the
23State of Illinois if: the property is used for any purpose
24other than as described in this Act, which is use as an element
25of public transportation infrastructure by the City and its
26affiliates; or if an attempt is made, without the prior

 

 

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1written consent of the Department, to sell the property to any
2person or entity or to convey or donate the property in any
3manner whatsoever. The language prepared by and acceptable to
4the Department may include, if the Director sees fit to
5include it, in the Director's discretion, a provision
6specifically empowering the Director to issue exemptions to
7the operation of the reverter clause on a case by case basis,
8in each case at the Director's discretion following receipt of
9a request with full justification submitted by the City.
 
10    Section 2-20. Transfer stipulations; execution by the
11City; document recording. The transfer of title to the
12property described in Section 2-10 as Parcel A authorized
13under this Act shall be by quitclaim deed, which shall be
14prepared by the Department so that the transfer to the City is
15on an "AS IS", "WHERE IS", and "WITH ALL FAULTS" basis as of
16the date of conveyance, without any representation by the
17State of Illinois to the City, or any persons and entities
18whatsoever, as to the property's condition or fitness for any
19purpose. The deed shall be executed by the City as grantee in
20order to confirm the City's undertaking to abide by the
21requirements in this Act and the City's agreement to
22diligently, timely, and fully perform its obligations as set
23forth in this Act. All documents of transfer shall be recorded
24in Sangamon County.
 

 

 

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1    Section 2-25. Director's authority regarding discretion,
2consent, and decisions. In any situation or instance in which,
3under the provisions of this Act, the Director is authorized
4to exercise discretion, or to grant or withhold consent, the
5Director's authority shall be deemed to be unfettered in
6making a decision, based on the Director's own determination
7as to the interests of the State of Illinois.
 
8
Article 3.

 
9    Section 3-5. "An Act concerning land", approved May 27,
102022, Public Act 102-1015, is amended by changing Section 2-10
11as follows:
 
12    (P.A. 102-1015, Sec. 2-10)
13    Sec. 2-10. (a) The quitclaim deed executed under Section
142-5 shall convey all right, title, and interest of the State of
15Illinois and the Department of Corrections in and to the real
16property described in Section 2-5 to the Lockport Township
17Fire Protection District.
18    (b) The conveyance of real property authorized by Section
192-5 shall be made subject to existing public utilities,
20existing public roads, and any and all reservations,
21easements, encumbrances, covenants, and restrictions of
22record.
23    (c) The quitclaim deed to the Lockport Township Fire

 

 

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1Protection District shall state on its face and be subject to
2the conditions that the real property shall be used by the
3Lockport Township Fire Protection District for public purposes
4related to the Fire Protection District a training center and
5that if the Lockport Township Fire Protection District ceases
6to exist, if the real property is used for any purposes other
7than the public purposes set forth in this Section a training
8center, or if an attempt is made to sell the property, then
9title shall revert without further action to the State of
10Illinois.
11(Source: P.A. 102-1015, eff. 5-27-22.)
 
12    Section 99-99. Effective date. This Act takes effect upon
13becoming law.".