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Public Act 102-1110 | ||||
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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. | ||||
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.
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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 |
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)
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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 |
center , or if an attempt is made to sell the property, then | ||
title shall revert without further action to the State of | ||
Illinois.
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(Source: P.A. 102-1015, eff. 5-27-22.)
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Section 99-99. Effective date. This Act takes effect upon | ||
becoming law.
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