Purpose of the Certificate of Exemption
The Certificate of Exemption is used when small parcels of land are being conveyed between contiguous landowners. This is an administrative procedure: it does not require review by the Plan Commission or City Council. The Certificate of Exemption is a transfer of property through deeds. The proposed exemption is sent for outside agency review, and then it can be administratively approved.
Contents of the Certificate of Exemption Application
The Planning Department has an application form which you will need to complete that is included in this application package. It is often helpful to meet with City staff prior to the submission of the application or to schedule an appointment to review your application when it is formally submitted. Staff cannot supply you with legal advice, nor is it required, but you are welcome to bring your attorney, architect, builder, or anyone else you believe will be helpful to any meetings. Please contact the Planning Department at 217-403-8800 to schedule a meeting with a member of the Current Planning staff.
The application asks for a variety of information including name and address of the landowners; existing zoning classification; current and proposed land use; current and future legal descriptions of the two properties; a sketch of the proposed conveyance; and other relevant characteristics about the subject properties. The application also requires you to fill out the Certificate itself, along with verifications and affidavits that allow the transference of property.
The sketch itself should include the length of all boundary lines of all adjacent streets, blocks, lots, public grounds, easements, rights-of-way, and information sufficient to derive the length of these lines. This document should show a visual representation of the proposed conveyance, however, this document does not need to be created by a licensed Professional Engineer; it can be created by a Land Surveyor. A metes and bounds written description of the conveyance is necessary in order for the legal transaction to take place. In addition, the width of all rights-of- way and easements adjacent to, impacting, or serving the tract should be shown, as well as any floodplain information in accordance with Chapter 9 of the Municipal Code.
Four hard copies of the sketch should be submitted to the Planning Department for review. Sketches can mailed to the department or delivered in person to the City Building, 102 North Neil Street, 3rd Floor.