Bill Text: IL HB3823 | 2021-2022 | 102nd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Directs the Director of the Department of Natural Resources to deliver a quitclaim deed for a portion of real property in Franklin County to the Rend Lake conservancy District for $531,667, subject to specified conditions. Authorizes the Director of Central Management Services to convey certain described property to the City of Springfield in exchange for certain described property owned by the City of City of Springfield, subject to specified conditions. Provides that, upon completion of the exchange, the Department of Central Management Services shall convey to the Secretary of State for public use the property that it received from the City of Springfield. Amends Public Act 102-1015. Provides that certain real property conveyed to the Lockport Township Fire Protection District shall be used by the Lockport Township Fire Protection District, subject to reversion to the State, for public purposes related to the Fire Protection District (instead of a training center). Effective immediately.

Spectrum: Bipartisan Bill

Status: (Passed) 2022-12-21 - Public Act . . . . . . . . . 102-1110 [HB3823 Detail]

Download: Illinois-2021-HB3823-Enrolled.html

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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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)

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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

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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.

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"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.

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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

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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

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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

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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.
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

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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.

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(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

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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,

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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.

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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)
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

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