Full Text of HB5849 102nd General Assembly
HB5849 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB5849 Introduced , by Rep. Sue Scherer SYNOPSIS AS INTRODUCED: |
Authorizes the Director of Central Management Services to execute and deliver a quitclaim dead to certain described property to the City of Springfield for $1, subject to specified conditions. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning property.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. Definitions. As used in this Act: | 5 | | "CDB" means the State's Capital Development Board. | 6 | | "City" means the City of Springfield, an Illinois | 7 | | Municipal Corporation, Sangamon County, Illinois. | 8 | | "Corporate authorities" has the same meaning as set forth | 9 | | in Section 1-1-2 of the Illinois Municipal Code. | 10 | | "Demolition work" means the demolition of the State | 11 | | buildings down to the concrete slab, the proper remediation as | 12 | | necessary of the debris generated by the demolition, the | 13 | | proper disposal of the debris, the relocation or splitting and | 14 | | reestablishing for future connection of any and all necessary | 15 | | active utilities, and the preparation for the reactivation of | 16 | | State buildings on the east and west of the future railroad | 17 | | right-of-way that is being established for the Project. | 18 | | "Department" means the Department of Central Management | 19 | | Services. | 20 | | "Director" and "Administrator" mean the Director of the | 21 | | Department. | 22 | | "Project" means the development project known as the | 23 | | Springfield High Speed Rail Corridor Improvement Project. | 24 | | "Property" means all of the real estate described in |
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| 1 | | Section 10, consisting of a strip of land from the | 2 | | Department's Sangamo Complex in the City that is owned by the | 3 | | Department. | 4 | | "State buildings" means certain structures of the Sangamo | 5 | | Complex as identified by the Department. | 6 | | Section 10. Land transfer for the Project. Pursuant to the | 7 | | provisions and subject to the terms and conditions of this | 8 | | Act, the Director, on behalf of the State of Illinois, is | 9 | | authorized to execute and deliver to the City, for and in | 10 | | consideration of $1 paid to the Department, a quitclaim deed | 11 | | to the following described real property and such ancillary | 12 | | documents as the Department deems appropriate, for fully and | 13 | | properly effectuating a transfer to the City of title to the | 14 | | following land from the Department's Sangamo Complex in the | 15 | | City: | 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 | 23 | | the 3rd Principal Meridian, more particularly described as |
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| 1 | | follows: | 2 | | Beginning at the Southeast corner of Lot 20, being the | 3 | | intersection of the existing northerly right of way line | 4 | | of North Grand Avenue and the existing westerly right of | 5 | | way line of Eleventh Street; thence South 88 degrees 47 | 6 | | minutes 07 seconds West along south line of Lot 20, being | 7 | | the existing northerly right of way line of North Grand | 8 | | Avenue, 480.93 feet; thence North 00 degrees 02 minutes 56 | 9 | | seconds East, 8.86 feet; thence North 88 degrees 51 | 10 | | minutes 10 seconds East, 480.99 feet to the east line of | 11 | | Lot 20, being existing westerly right of way line of | 12 | | Eleventh Street; thence South 00 degrees 31 minutes 28 | 13 | | seconds West along east line of Lot 20 a distance of 8.29 | 14 | | feet to the Point of Beginning containing 4,124.40 square | 15 | | feet or 0.095 acre, more or less. | 16 | | Parcel SR0021B | 17 | | Part of Lot 20 of the Subdivision of the Northwest part of | 18 | | the Northwest Quarter Section 23 and part of the East Half | 19 | | of the Northeast Quarter and part of the Southeast Quarter | 20 | | of Section 22, all in Township 16 North, Range 5 West of | 21 | | the 3rd Principal Meridian, more particularly described as | 22 | | follows: | 23 | | Commencing at the Southeast corner of Lot 20, being the | 24 | | intersection of the existing northerly right of way line | 25 | | of North Grand Avenue and the existing westerly right of |
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| 1 | | way line of Eleventh Street; thence North 00 degrees 31 | 2 | | minutes 28 seconds East along east line of Lot 20 a | 3 | | distance of 8.29 feet; thence South 88 degrees 51 minutes | 4 | | 10 seconds West, 259.42 feet to the Point of Beginning; | 5 | | thence continuing South 88 degrees 51 minutes 10 seconds | 6 | | West, 120.02 feet; thence North 00 degrees 08 minutes 55 | 7 | | seconds West, 88.34 feet; thence North 89 degrees 51 | 8 | | minutes 05 seconds East, 30.00 feet; thence North 00 | 9 | | degrees 08 minutes 55 seconds West, 755.05 feet; thence | 10 | | South 88 degrees 19 minutes 36 seconds East, 90.05 feet; | 11 | | thence South 00 degrees 08 minutes 55 seconds East, 838.43 | 12 | | feet to the Point of Beginning containing 78,300.74 square | 13 | | feet or 1.798 acre, more or less. | 14 | | Parcel SR0021C | 15 | | Part of Lot 20 of the Subdivision of the Northwest part of | 16 | | the Northwest Quarter Section 23 and part of the East Half | 17 | | of the Northeast Quarter and part of the Southeast Quarter | 18 | | of Section 22, all in Township 16 North, Range 5 West of | 19 | | the 3rd Principal Meridian, more particularly described as | 20 | | follows: | 21 | | Commencing at the Northwest corner of Lot 20, being the | 22 | | intersection of the existing southerly right of way line | 23 | | of Converse Avenue and the existing easterly right of way | 24 | | line of Ninth Street; thence South 88 degrees 39 minutes | 25 | | 41 seconds East along the north line of Lot 20, being the |
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| 1 | | existing southerly right of way line of Converse Avenue, | 2 | | 258.03 feet to the Point of Beginning; thence continuing | 3 | | South 88 degrees 39 minutes 41 seconds East along the | 4 | | north line of Lot 20 a distance of 286.24 feet; thence | 5 | | South 87 degrees 41 minutes 19 seconds West, 109.71 feet | 6 | | thence North 88 degrees 19 minutes 36 seconds West, 90.05 | 7 | | feet; thence North 84 degrees 24 minutes 06 seconds West, | 8 | | 86.94 feet to the Point of Beginning containing 1,267.54 | 9 | | square feet or 0.029 acre, more or less. | 10 | | Section 15. Conveyance. | 11 | | (a) The City is pursuing a development project known as | 12 | | the Springfield High Speed Rail Corridor Improvement Project, | 13 | | and the City's corporate authorities have determined that it | 14 | | is in the best interest of the City, its residents, and the | 15 | | Project, to acquire all of the real estate described in | 16 | | Section 10, consisting of a strip of land from the | 17 | | Department's Sangamo Complex in the City that is owned by the | 18 | | Department, including the land, existing foundation, slab | 19 | | structures, existing utility facilities, and other | 20 | | improvements at or below grade level, all of which are the | 21 | | property of the State of Illinois. The corporate authorities | 22 | | of the City intend to use the Property as part of the Project. | 23 | | (b) To allow for the Project, the State of Illinois, | 24 | | through the CDB, shall access and evaluate for demolition, | 25 | | then the CDB shall demolish the State buildings down to the |
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| 1 | | concrete slab, properly remediate as necessary the debris | 2 | | generated by the demolition, properly dispose of the debris, | 3 | | relocate or split and reestablish for future connection any | 4 | | and all necessary active utilities, and prepare for the | 5 | | reactivation of State buildings on the east and west of the | 6 | | future railroad right-of-way that is being established for the | 7 | | Project. | 8 | | (c) Within 2 years of the effective date of this Act, the | 9 | | City shall reimburse the State for the entire cost of the | 10 | | demolition work, including the associated work described in | 11 | | subsection (b) for the State buildings. | 12 | | (d) The City, using the City's own funds, shall remove the | 13 | | foundation and slab structures from the Property to install | 14 | | the necessary infrastructure for the new rail system that is | 15 | | encompassed in the Project. | 16 | | (e) The City, using the City's own funds, shall relocate | 17 | | to the appropriate public ways and streets the active | 18 | | storm-sewer line that is currently located in the Sangamo | 19 | | Complex parking lot and serves both the Sangamo Complex and | 20 | | other private entities nearby. | 21 | | (f) The City has assured the Administrator that the City | 22 | | shall accept the Property without any representation or | 23 | | warranty from the Department as to the condition of the | 24 | | Property or the fitness of the Property for any purpose. The | 25 | | corporate authorities of the City have also assured the | 26 | | Administrator that, upon the City's acquisition of the |
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| 1 | | Property from the Department, the City, through its agents, | 2 | | employees, and contractors, will diligently, timely, and fully | 3 | | carry out and accomplish all of its obligations under this | 4 | | Act. | 5 | | (g) The Administrator is satisfied that, pursuant to the | 6 | | provisions and subject to all of the terms and conditions of | 7 | | this Act, the transfer of the Property to the City, for $1 paid | 8 | | to the Department, for the City to use as part of the Project | 9 | | is in the interests of the State of Illinois. | 10 | | (h) Notwithstanding any other law of the State of Illinois | 11 | | to the contrary, the Administrator is authorized under this | 12 | | Act, subject to the terms and conditions in this Act, to sell | 13 | | all right, title, and interest of the State of Illinois in and | 14 | | to the Property to the City for $1 and such other terms and | 15 | | conditions in the quitclaim deed and ancillary documents that | 16 | | the Administrator deems appropriate, with such sale occurring | 17 | | pursuant to a Purchase and Sale Agreement prepared by the | 18 | | Department and that the conveyance of the Property authorized | 19 | | by this Act shall be made subject to existing public roads, | 20 | | existing rights of public utilities, existing rights of the | 21 | | public or quasipublic utilities, and any and all reservations, | 22 | | easements, encumbrances, covenants, agreements, and | 23 | | restrictions of record. | 24 | | (i) The quitclaim deed described in this Section shall | 25 | | contain a reverter clause providing, in language prepared by | 26 | | and acceptable to the Department, that title to the Property |
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| 1 | | shall revert, without further action, to the State of Illinois | 2 | | if: the Property is used for any purpose other than as | 3 | | described in this Act, which is use as an element of public | 4 | | transportation infrastructure by the City and its affiliates; | 5 | | or if an attempt is made, without the prior written consent of | 6 | | the Department, to sell the Property to any person or entity or | 7 | | to convey or donate the Property in any manner whatsoever. The | 8 | | language prepared by and acceptable to the Department may | 9 | | include, if the Director sees fit to include it, in the | 10 | | Director's discretion, a provision specifically empowering the | 11 | | Director to issue exemptions to the operation of the reverter | 12 | | clause on a case by case basis, in each case at the Director's | 13 | | discretion following receipt of a request with full | 14 | | justification submitted by the City. | 15 | | Section 20. Transfer stipulations; execution by the City; | 16 | | document recording. The transfer of title authorized under | 17 | | this Act shall be by quitclaim deed, which shall be prepared by | 18 | | the Department so that the transfer to the City is on an "AS | 19 | | IS", "WHERE IS", and "WITH ALL FAULTS" basis as of the date of | 20 | | sale, without any representation by the State of Illinois to | 21 | | the City, or any persons and entities whatsoever, as to the | 22 | | Property's condition or fitness for any purpose. The deed | 23 | | shall be executed by the City as grantee in order to confirm | 24 | | the City's undertaking to abide by the requirements in this | 25 | | Act and the City's agreement to diligently, timely, and fully |
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| 1 | | perform its obligations as set forth in this Act. All | 2 | | documents of transfer shall be recorded in Sangamon County. | 3 | | Section 25. Director's authority regarding discretion, | 4 | | consent, and decisions. In any situation or instance where, | 5 | | under the provisions of this Act, the Director is authorized | 6 | | to exercise discretion, or to grant or withhold consent, the | 7 | | Director's authority shall be deemed to be unfettered in | 8 | | making a decision, based on the Director's own determination | 9 | | as to the interests of the State of Illinois.
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.
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