SB2119 94TH GENERAL ASSEMBLY

LRB094 12525 BDD 47047 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2119

Introduced 5/25/2005, by Sen. John J. Cullerton

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 605/1.02	from Ch. 127, par. 133b3

Authorizes the Illinois Department of Human Services to grant and convey a permanent conservation easement to the Illinois Department of Natural Resources on certain real property in Cook County near the Chicago Read Mental Health Center for the purpose of preserving and protecting the wetlands and forested area for the benefit of certain facility patients, the community, and the general public. Authorizes the Adjutant General, on behalf of the State of Illinois and the Department of Military Affairs, to convey, by quit claim deed, all right, title, and interest of the State of Illinois and the Department of Military Affairs in and to certain real property to the City of Chicago if the City of Chicago conveys, by quit claim deed, to the State of Illinois the fee simple title in and to certain real property. Requires the Board of Trustees of the University of Illinois to convey to Gene Michael Vanderport, of Vermilion County, in exchange for fair market value, certain real property located in Vermilion County. Provides that the provisions of this Act of the 94th General Assembly are judicially enforceable and that the State Property Control Act does not apply to the transfer of the described property. Amends the State Property Control Act to exclude the described property from the definition of "property". Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

WHEREAS, The State of Illinois owns certain real property in the City of Chicago in the Dunning Community Area in Cook County, located in Township 40 North, Range 13 East, Section 18, that is under the jurisdiction of the Department of Human Services for the operation of the Chicago Read Mental Health Center; and

WHEREAS, Approximately 30 acres of the Chicago Read Mental Health Center property contain 2 wetlands, an emergent wetland, and other open space that benefit the protection of the Des Plaines watershed; and

Whereas, State-owned wetlands are governed by and must be managed according to the Interagency Wetlands Policy Act of 1989 and provisions of Part 1090 of Title 17 of the Illinois Administrative Code; and

Whereas, The mission of the Illinois Department of Human Services is to improve the health, well-being, and quality of life of Illinois citizens; and

Whereas, Parks, open spaces, and forests are important components for the health and well-being of urban residents, contributing to the prevention and amelioration of illness not only by facilitating improvements in physical fitness through exercise, but also by facilitating positive emotional, intellectual, and social experiences; and

Whereas, The Dunning Community Area, in which the property is located, has been identified as underserved by open space and parks in the Land Policies Plans completed by the City and the Chicago Park District, that note that 2 large segments of the Dunning Community have no open space or parkland whatsoever; and

Whereas, The Dunning property was originally donated to Cook County in 1868 by the Dunning family for health and social purposes and was operated by the County as a "poor farm" and a facility for the mentally ill until 1912; and

Whereas, In 1912 Cook County conveyed the 235-acre Dunning property to the State of Illinois to be used for health and social purposes as stated in the original land covenant; therefore

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Department of Human Services is hereby authorized to grant and convey a permanent conservation easement to the Illinois Department of Natural Resources on a parcel containing 30 acres, more or less, that is located in Section 18, Township 40 North, Range 13 East of the third principal meridian, Cook County, Illinois, situated to the West and South of the Chicago Read Mental Health Center, for the purpose of preserving and protecting the wetlands and forested area for the benefit of the patients of the facility, the community, and the general public, this 30-acre parcel being more particularly described under Section 10 of this Act.

Section 10. A parcel containing 30 acres, more or less, located in Section 18, Township 40 North, Range 13 East of the third principal meridian, Cook County, Illinois, situated to the West and South of the Chicago Read Mental Health Center, a more accurate description to be made by an Illinois professional land surveyor, the cost of the survey to be paid for by Friends of the Parks.

Section 15. Exchange of real estate between the State and the City of Chicago.

(a) The City of Chicago owns, or will own, the following described real estate:

PARCEL 3: THAT PART OF THE LANDS OF THE ILLINOIS CENTRAL RAILROAD COMPANY IN FRACTIONAL SECTION 22, TOWNSHIP 39 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING ON THE WESTERLY RIGHT OF WAY LINE OF SAID RAILROAD AT THE INTERSECTION OF SAID LINE WITH THE NORTHERLY LINE OF THE 23RD STREET VIADUCT, SAID NORTHERLY LINE BEING 60 FEET (MEASURED PERPENDICULARLY) NORTHERLY OF AND PARALLEL WITH THE CENTER LINE OF THE EXISTING STRUCTURE; THENCE NORTH 16°37'38" WEST ALONG SAID WESTERLY RIGHT OF WAY LINE, 1500.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 73°22'22" EAST PARALLEL WITH SAID NORTHERLY LINE OF THE 23RD STREET VIADUCT, A DISTANCE OF 34.35 FEET; THENCE NORTHEASTERLY 119.35 FEET ALONG THE ARC OF A CIRCLE CONVEX TO THE NORTHWEST, HAVING A RADIUS OF 333.31 FEET AND WHOSE CHORD BEARS NORTH 21°58'42" EAST 118.71 FEET; THENCE NORTH 32°14'12" EAST 54.17 FEET; THENCE NORTHWESTERLY 111.71 FEET ALONG THE ARC OF A CIRCLE CONVEX TO THE EAST, HAVING A RADIUS OF 5738.60 FEET AND WHOSE CHORD BEARS NORTH 18°37'46" WEST 111.71 FEET; THENCE NORTH 19°11'14" WEST, 42.93 FEET; THENCE NORTH 90°00'00" WEST, 50.32 FEET; THENCE SOUTH 00°00'00" WEST, 176.86 FEET; THENCE NORTH 90°00'00" WEST, 46.64 FEET TO THE WESTERLY RIGHT OF WAY LINE OF THE LANDS OF THE ILLINOIS CENTRAL RAILROAD COMPANY; THENCE SOUTH 16°42'49" EAST, ALONG THE WESTERLY RIGHT OF WAY LINE OF THE LANDS OF THE ILLINOIS CENTRAL RAILROAD COMPANY, 76.91 FEET TO THE NORTH LINE OF VACATED EAST CULLERTON STREET; THENCE SOUTH 16°37'38" EAST, ALONG THE WESTERLY RIGHT OF WAY LINE OF THE LANDS OF THE ILLINOIS CENTRAL RAILROAD COMPANY, AFORESAID, 64.31 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. CONTAINING 23,621 SQUARE FEET OR 0.5423 ACRES MORE OR LESS.

(b) The State of Illinois owns the following described real estate, which is under the control of the Department of Military Affairs:

PARCEL 1: LOTS 15, 16 AND 17 AND THAT PART OF LOT 18 IN BLOCK 11 OF CULVER AND OTHERS SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 39 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, ALL TAKEN AS A TRACT AND BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING ON THE WESTERLY LINE OF SAID LOT 18 AT A POINT 42.01 FEET NORTH OF THE NORTH LINE OF VACATED EAST CULLERTON STREET, AS MEASURED ALONG THE EAST LINE OF SOUTH CALUMET AVENUE; THENCE NORTH 00°04'52" WEST, ALONG THE EAST LINE OF SOUTH CALUMET AVENUE, 31.64 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00°04'52" EAST, ALONG THE EAST LINE OF SOUTH CALUMET AVENUE, 175.27 FEET TO THE NORTHWEST CORNER OF LOT 15, AFORESAID; THENCE SOUTH 89°59'54" EAST, ALONG THE NORTH LINE OF LOT 15, AFORESAID, 53.61 FEET TO THE WESTERLY RIGHT OF WAY LINE OF THE LANDS OF THE ILLINOIS CENTRAL RAILROAD COMPANY; THENCE SOUTH 16°42'49" EAST, ALONG THE WESTERLY RIGHT OF WAY LINE OF THE LANDS OF THE ILLINOIS CENTRAL RAILROAD COMPANY, 182.99 FEET; THENCE NORTH 90°00'00" WEST, 106.49 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. CONTAINING 14,030 SQUARE FEET OR 0.3221 ACRES, MORE OR LESS.

(c) The Adjutant General, on behalf of the State of Illinois and the Department of Military Affairs, is authorized to convey by quit claim deed all right, title, and interest of the State of Illinois and the Department of Military Affairs in and to the real estate described in subsection (b) to the City of Chicago upon the City of Chicago conveying by quit claim deed to the State of Illinois the fee simple title in and to the real estate described in subsection (a).

(d) The Adjutant General shall obtain a certified copy of Section 15 of this Act from the Secretary of State within 60 days after its effective date and, upon the exchange of real estate described in this Section being made, shall cause the certified document to be recorded in the office of the Recorder of Cook County, Illinois.

Section 20. The Board of Trustees of The University of Illinois must convey to Gene Michael Vanderport, of Vermilion County, Illinois, in exchange for fair market value, based on the average of 3 certified appraisals, certain real property located in Vermilion County, Illinois and described as follows:

A tract of land in the Southwest Fractional Quarter of Section 1, Township 18 North, Range 11 West of the 2nd Principal Meridian, bounded and described as follows: Beginning at the Northwest corner of the Southwest Fractional Quarter of Section 1, Township 18 North, Range 11 West of the 2nd Principal Meridian; thence down the Vermilion River following the meanders thereof 58 poles to a stone; thence in a Northeasterly direction or course to a point so as to strike the North line of said Southwest Fractional Quarter of said Section 1, 17 poles West of the Northeast corner of said Southwest Fractional Quarter of said Section 1; thence West to the place of beginning, EXCEPT 4.5 acres in a triangular shape off the Northeast corner of said described tract, situated in Vermilion County, Illinois.

Section 25. (a) The State Property Control Act does not apply to the transfer of the real property described in Section 15 of this Act.

(b) The provisions of this Act are judicially enforceable.

Section 90. The State Property Control Act is amended by changing Section 1.02 as follows:

(30 ILCS 605/1.02) (from Ch. 127, par. 133b3)

Sec. 1.02. "Property" means State owned property and includes all real estate, with the exception of rights of way for State water resource and highway improvements, traffic signs and traffic signals, and with the exception of common school property; and all tangible personal property with the exception of properties specifically exempted by the administrator, provided that any property originally classified as real property which has been detached from its structure shall be classified as personal property.

"Property" does not include property owned by the Illinois Medical District Commission and leased or occupied by others for purposes permitted under the Illinois Medical District Act. "Property" also does not include property owned and held by the Illinois Medical District Commission for redevelopment.

"Property" does not include property described under Section 5 of Public Act 92-371 with respect to depositing the net proceeds from the sale or exchange of the property as provided in Section 10 of that Act.

"Property" does not include that property described under Section 20 of this amendatory Act of the 94th General Assembly.

(Source: P.A. 92-371, eff. 8-15-01; 92-651, eff. 7-11-02.)

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