Illinois-2021-HB5849-Introduced

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.

LRB102 29632 LNS 41658 b

A BILL FOR

HB5849

LRB102 29632 LNS 41658 b

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

HB5849

- 2 -

LRB102 29632 LNS 41658 b

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

HB5849

- 3 -

LRB102 29632 LNS 41658 b

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

HB5849

- 4 -

LRB102 29632 LNS 41658 b

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

HB5849

- 5 -

LRB102 29632 LNS 41658 b

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

HB5849

- 6 -

LRB102 29632 LNS 41658 b

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

HB5849

- 7 -

LRB102 29632 LNS 41658 b

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

HB5849

- 8 -

LRB102 29632 LNS 41658 b

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

HB5849

- 9 -

LRB102 29632 LNS 41658 b

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.