Full Text of HB3823 102nd General Assembly
HB3823enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 | 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 | 5 | | by Section 1-5 shall be made subject to: existing public | 6 | | utilities, existing public roads, and any and all | 7 | | reservations, easements, encumbrances, covenants, and | 8 | | restrictions of record. | 9 | | Section 1-15. Within 60 days after the effective date of | 10 | | this Act, the Director of Natural Resources shall obtain a | 11 | | certified copy of the portions of this Act containing the | 12 | | title, the enacting clause, the effective date, and this | 13 | | Article and, upon receipt of the payment required by this | 14 | | Article, shall ensure that the certified copy of the portions | 15 | | of this Act named by this Section and the quitclaim deed | 16 | | conveying the land are provided to the Rend Lake Conservancy | 17 | | District, to be recorded by the Rend Lake Conservancy District | 18 | | in the Recorder's Office in the county in which the land is | 19 | | located. | 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 | 2 | | Municipal Corporation, Sangamon County, Illinois. | 3 | | "Corporate authorities" has the same meaning as set forth | 4 | | in Section 1-1-2 of the Illinois Municipal Code. | 5 | | "Demolition work" means the demolition of the State | 6 | | buildings down to the concrete slab, the proper remediation as | 7 | | necessary of the debris generated by the demolition, the | 8 | | proper disposal of the debris, the relocation or splitting and | 9 | | reestablishing for future connection of any and all necessary | 10 | | active utilities, and the preparation for the reactivation of | 11 | | State buildings on the east and west of the future railroad | 12 | | right-of-way that is being established for the Project. | 13 | | "Department" means the Department of Central Management | 14 | | Services. | 15 | | "Director" and "Administrator" mean the Director of the | 16 | | Department. | 17 | | "Project" means the development project known as the | 18 | | Springfield High Speed Rail Corridor Improvement Project. | 19 | | "Property" means all of the real estate described in | 20 | | Section 2-10 as Parcel A, consisting of a strip of land from | 21 | | the Department's Sangamo Complex in the City that is owned by | 22 | | the Department. | 23 | | "State buildings" means certain structures of the Sangamo | 24 | | Complex 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 | 2 | | the provisions and subject to the terms and conditions of this | 3 | | Act, the Director, on behalf of the State of Illinois, is | 4 | | authorized to exchange certain real property in Sangamon | 5 | | County, Illinois, hereinafter referred to in this Section as | 6 | | Parcel A, for certain real property of equal or greater value | 7 | | in Sangamon County, Illinois, hereinafter referred to in this | 8 | | Section as Parcel B, the Parcels being described as follows: | 9 | | PARCEL 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. | 4 | | PARCEL 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 | 15 | | the Springfield High Speed Rail Corridor Improvement Project, | 16 | | and the City's corporate authorities have determined that it | 17 | | is in the best interest of the City, its residents, and the | 18 | | Project to acquire all of the real estate described as Parcel A | 19 | | in Section 2-10, consisting of a strip of land from the | 20 | | Department's Sangamo Complex in the City that is owned by the | 21 | | Department, including the land, existing foundation, slab | 22 | | structures, existing utility facilities, and other |
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| 1 | | improvements at or below grade level, all of which are the | 2 | | property of the State of Illinois. The corporate authorities | 3 | | of the City intend to use the property as part of the Project. | 4 | | (b) To allow for the Project, the State of Illinois, | 5 | | through the CDB, shall access and evaluate for demolition, | 6 | | then the CDB shall demolish the State buildings down to the | 7 | | concrete slab, properly remediate as necessary the debris | 8 | | generated by the demolition, properly dispose of the debris, | 9 | | relocate or split and reestablish for future connection any | 10 | | and all necessary active utilities, and prepare for the | 11 | | reactivation of State buildings on the east and west of the | 12 | | future railroad right-of-way that is being established for the | 13 | | Project. | 14 | | (c) Within 2 years of the effective date of this Act, the | 15 | | City shall reimburse the State for the entire cost of the | 16 | | demolition work, including the associated work described in | 17 | | subsection (b) for the State buildings. | 18 | | (d) The City, using the City's own funds, shall remove the | 19 | | foundation and slab structures from the property to install | 20 | | the necessary infrastructure for the new rail system that is | 21 | | encompassed in the Project. | 22 | | (e) The City, using the City's own funds, shall relocate | 23 | | to the appropriate public ways and streets the active | 24 | | storm-sewer line that is currently located in the Sangamo | 25 | | Complex parking lot and serves both the Sangamo Complex and | 26 | | other private entities nearby. |
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| 1 | | (f) The City has assured the Administrator that the City | 2 | | shall accept the property described as Parcel A without any | 3 | | representation or warranty from the Department as to the | 4 | | condition of the property or the fitness of the property for | 5 | | any purpose. The corporate authorities of the City have also | 6 | | assured the Administrator that, upon the City's acquisition of | 7 | | the property from the Department, the City, through its | 8 | | agents, employees, and contractors, will diligently, timely, | 9 | | and fully carry out and accomplish all of its obligations | 10 | | under this Act. | 11 | | (g) The Administrator is satisfied that, pursuant to the | 12 | | provisions and subject to all of the terms and conditions of | 13 | | this Act, the transfer of the property described in Section | 14 | | 2-10 as Parcel A to the City, in exchange for the property | 15 | | described in Section 2-10 as Parcel B, is in the interests of | 16 | | the State of Illinois. | 17 | | (h) Notwithstanding any other law of the State of Illinois | 18 | | to the contrary, the Administrator is authorized under this | 19 | | Act, subject to the terms and conditions in this Act, to convey | 20 | | all right, title, and interest of the State of Illinois in and | 21 | | to the property described in Section 2-10 as Parcel A to the | 22 | | City in exchange for the property described in Section 2-10 as | 23 | | Parcel B and such other terms and conditions in the quitclaim | 24 | | deed and ancillary documents that the Administrator deems | 25 | | appropriate, with such exchange occurring pursuant to a | 26 | | Purchase and Sale Agreement prepared by the Department and |
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| 1 | | that the conveyances of the property authorized by this Act | 2 | | shall be made subject to existing public roads, existing | 3 | | rights of public utilities, existing rights of the public or | 4 | | quasipublic utilities, and any and all reservations, | 5 | | easements, encumbrances, covenants, agreements, and | 6 | | restrictions of record. Upon completion of the exchange | 7 | | described in this subsection (h), the Director shall convey by | 8 | | quitclaim deed all right, title, and interest in the property | 9 | | described in Section 2-10 as Parcel B to the Secretary of State | 10 | | for public use. | 11 | | (i) The quitclaim deed to the property described in | 12 | | Section 2-10 as Parcel A shall contain a reverter clause | 13 | | providing, in language prepared by and acceptable to the | 14 | | Department, that title to the property described in Section | 15 | | 2-10 as Parcel A shall revert, without further action, to the | 16 | | State of Illinois if: the property is used for any purpose | 17 | | other than as described in this Act, which is use as an element | 18 | | of public transportation infrastructure by the City and its | 19 | | affiliates; or if an attempt is made, without the prior | 20 | | written consent of the Department, to sell the property to any | 21 | | person or entity or to convey or donate the property in any | 22 | | manner whatsoever. The language prepared by and acceptable to | 23 | | the Department may include, if the Director sees fit to | 24 | | include it, in the Director's discretion, a provision | 25 | | specifically empowering the Director to issue exemptions to | 26 | | the operation of the reverter clause on a case by case basis, |
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| 1 | | in each case at the Director's discretion following receipt of | 2 | | a request with full justification submitted by the City. | 3 | | Section 2-20. Transfer stipulations; execution by the | 4 | | City; document recording. The transfer of title to the | 5 | | property described in Section 2-10 as Parcel A authorized | 6 | | under this Act shall be by quitclaim deed, which shall be | 7 | | prepared by the Department so that the transfer to the City is | 8 | | on an "AS IS", "WHERE IS", and "WITH ALL FAULTS" basis as of | 9 | | the date of conveyance, without any representation by the | 10 | | State of Illinois to the City, or any persons and entities | 11 | | whatsoever, as to the property's condition or fitness for any | 12 | | purpose. The deed shall be executed by the City as grantee in | 13 | | order to confirm the City's undertaking to abide by the | 14 | | requirements in this Act and the City's agreement to | 15 | | diligently, timely, and fully perform its obligations as set | 16 | | forth in this Act. All documents of transfer shall be recorded | 17 | | in Sangamon County. | 18 | | Section 2-25. Director's authority regarding discretion, | 19 | | consent, and decisions. In any situation or instance in which, | 20 | | under the provisions of this Act, the Director is authorized | 21 | | to exercise discretion, or to grant or withhold consent, the | 22 | | Director's authority shall be deemed to be unfettered in | 23 | | making a decision, based on the Director's own determination | 24 | | as 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, | 3 | | 2022, Public Act 102-1015, is amended by changing Section 2-10 | 4 | | as follows: | 5 | | (P.A. 102-1015, Sec. 2-10)
| 6 | | Sec. 2-10. (a) The quitclaim deed executed under Section | 7 | | 2-5 shall convey all right, title, and interest of the State of | 8 | | Illinois and the Department of Corrections in and to the real | 9 | | property described in Section 2-5 to the Lockport Township | 10 | | Fire Protection District. | 11 | | (b) The conveyance of real property authorized by Section | 12 | | 2-5 shall be made subject to existing public utilities, | 13 | | existing public roads, and any and all reservations, | 14 | | easements, encumbrances, covenants, and restrictions of | 15 | | record. | 16 | | (c) The quitclaim deed to the Lockport Township Fire | 17 | | Protection District shall state on its face and be subject to | 18 | | the conditions that the real property shall be used by the | 19 | | Lockport Township Fire Protection District for public purposes | 20 | | related to the Fire Protection District a training center and | 21 | | that if the Lockport Township Fire Protection District ceases | 22 | | to exist, if the real property is used for any purposes other | 23 | | than the public purposes set forth in this Section a training |
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| 1 | | center , or if an attempt is made to sell the property, then | 2 | | title shall revert without further action to the State of | 3 | | Illinois.
| 4 | | (Source: P.A. 102-1015, eff. 5-27-22.)
| 5 | | Section 99-99. Effective date. This Act takes effect upon | 6 | | becoming law.
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