Bill Text: IL HB5849 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Authorizes the Director of Central Management Services to execute and deliver a quitclaim deed to certain described property to the City of Springfield for $1, subject to specified conditions. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-11-29 - Referred to Rules Committee [HB5849 Detail]
Download: Illinois-2021-HB5849-Introduced.html
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1 | AN ACT concerning property.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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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.
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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:
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16 | Common Address: 1021 North Grand Avenue East, Springfield, | ||||||
17 | IL 62702
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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.
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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.
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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.
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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.
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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.
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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.
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10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.
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