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Public Act 102-1110
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| HB3823 Enrolled | LRB102 13072 LNS 18415 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Article 1.
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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:
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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:
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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) |
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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 |
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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.
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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.
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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.
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Article 2.
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Section 2-5. Definitions. As used in this Article: |
"CDB" means the State's Capital Development Board. |
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"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.
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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:
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PARCEL A:
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Common Address: 1021 North Grand Avenue East, Springfield, |
IL 62702
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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 |
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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.
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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 |
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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.
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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 |
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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.
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PARCEL B:
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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.
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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.
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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 |
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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. |
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(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 |
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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, |
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in each case at the Director's discretion following receipt of |
a request with full justification submitted by the City.
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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.
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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.
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Article 3.
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Section 3-5. "An Act concerning land", approved May 27, |
2022, Public Act 102-1015, is amended by changing Section 2-10 |
as follows:
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(P.A. 102-1015, Sec. 2-10)
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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 |