HomeMy WebLinkAboutORDINANCE - 3825 - 9/12/2023 - STREAM DATA CENTERS, PHASE 1, ANNEXING PROPERTY TO EGV AND ZONING PROPERTY I-1ORDINANCE NO.3825
AN ORDINANCE ANNEXING PROPERTY TO THE
VILLAGE OF ELK GROVE VILLAGE AND ZONING THE PROPERTY I-1
RESTRICTED INDUSTRIAL UPON ANNEXATION
(STREAM U.S. DATA CENTERS, L.L.C. — PHASE 1)
WHEREAS, the Village of Elk Grove Village ("Village") is an Illinois home rule
municipality organized and operating under the Illinois Municipal Code and the Constitution of
the State of Illinois; and
WHEREAS, Stream U.S. Data Centers, L.L.C. ("Developer") is a Texas limited liability
company and the contract purchaser of certain property generally located north Landmeier Road,
south of Vera Lane, east of Dierking Terrace, and west of the properties located immediately east
of Richard Lane, which property is legally described on Exhibit A and depicted on Exhibit B
("Property"); and
WHEREAS, the Property's owners and electors have signed and fled with the Village a
petition asking the Village to annex the Property to the Village; and
WHEREAS, the Property is not located within the corporate limits of any municipality
but is contiguous to the Village's corporate limits; and
WHEREAS, the Property's annexation will extend the corporate limits of the Village to
the far side of any roadway adjacent to the Property; and
WHEREAS, the Village has sent notice of annexation to the appropriate taxing districts
and other bodies and officials as required by state statute;
WHEREAS, the affidavits of service of such notices required herein are on deposit with
the Village Clerk and have been recorded in the Office of the Cook County Clerk, Recordings
Division, as is required by law; and
WHEREAS, all petitions, documents, and other necessary legal requirements have been
performed in full compliance with the law;
WHEREAS, the Village Plan Commission, at a public hearing duly called on August
21, 2023 and held according to law, considered the question of the annexation and zoning of
the Property and recommended the Property be annexed and zoned in accordance with this
Ordinance;
WHEREAS, the Developer and the Village have entered into a valid and binding Pre -
Annexation and Development Agreement ("Annexation Agreement") with respect to the
annexation of the Property to the Village, which Annexation Agreement was considered at a
public hearing duly called and held according to law, and which Annexation Agreement was
approved by the Mayor and Board of Trustees of the Village pursuant to Resolution No.�'��
duly passed and approved this 12th day of September, 2023; and
WHEREAS, pursuant to the Illinois Municipal Code (65 ILCS 5/7-1-8) and the
Village's home rule authority, the Mayor and Board of Trustees find and believe it to be in the
best interest of the Village that the Property be annexed to the Village according to the
provisions of the Annexation Agreement and zoned upon annexation, all as set forth in this
Ordinance.
NOW, THEREFORE BE IT ORDAINED by the Mayor and Board of Trustees of the
Village of Elk Grove Village, Counties of Cook and DuPage, Illinois, in exercise of its home
rule powers, as follows:
SECTION 1. RECITALS AND EXHIBITS. The recitals set forth above and all
exhibits attached to this Ordinance are incorporated in this Section as if fully set forth herein.
SECTION 2. ANNEXATION OF THE PROPERTY. The Property, including all
unincorporated roads contiguous thereto, is hereby annexed to and made a part of the Village.
SECTION 3. ZONING APPROVED. The Property is hereby zoned 1-1 Restricted
Industrial District upon annexation to the Village. The Village Clerk is directed to update the
Village zoning map in accordance with this Ordinance.
SECTION 4. AUTHORITY. The Village Clerk is directed to record a certified copy of
this Ordinance together with the plat of annexation as attached hereto as Exhibit B with the
Office of the Cook County Clerk, Recordings Division. The Village Clerk is also authorized and
directed to notify the Election Authorities, as defined in Section 7-1-1 of the Illinois Municipal
Code, 65 ILCS 5/7-1-1, and the United States Post Office branches serving the Property, of the
annexation by registered or certified mail within 30 days after the effective date of this
Ordinance, and to take all steps necessary to annex the Property into the Village.
SECTION 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect
from and after (a) its approval in accordance with the law; and (b) the date the Ordinance is
recorded with the Office of the Cook County Clerk, Recordings Division; provided, however,
this Ordinance will only be recorded upon the Developer confirming that it has acquired the
Property and all occupants of habitable residential structures have vacated the Property, all as set
forth in the Annexation Agreement.
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VOTE: AYES: 5 NAYS: 0 ABSENT: 1
PASSED this 12th day of September, 2023.
APPROVED this 12th day of September, 2023.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Loretta M. Murphy, Village Clerk
Village of Elk Grove Village
PUBLISHED this 10' day of September, 2023 in pamphlet form.
F.xhihit A
Legal Description of Property
LOTS I THROUGH 6 IN BLOCK 1, LOTS I THROUGH 7 IN BLOCK 2, LOTS I
THROUGH 6 AND LOTS 9 THROUGH 12 IN BLOCK 3, AND LOTS 2 THROUGH 12 IN
BLOCK 4, IN ROPPOLO'S LANDMEIER SUBDIVISION, BEING A RESUBDIVISION OF
LOT 2 (EXCEPT FOR THE EAST 713.71 FEET THEREOF), IN THE SUBDIVISION OF
THE ESTATE OF HENRY LANDMEIER, BEING PART OF SECTIONS, 26 AND 35,
TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF REGISTERED IN THE OFFICE OF THE
REGISTRAR OF TITLES OF COOK COUNTY, ILLINOIS, ON FEBRUARY 8TH, 1957 AS
DOCUMENT NUMBER 1722183.
TOGETHER WITH VERA LANE, LEE LANE, LANDMEIER ROAD AND ROPPOLO
DRIVE IMMEDIATELY ADJACENT AND CONTIGUOUS TO SAID LOTS IN BLOCKS
DEDICATED BY SAID SUBDIVISION.
AND
THE WEST 360.00 FEET OF THE EAST 713.71 FEET OF LOT 2, IN THE SUBDIVISION
OF THE ESTATE OF HENRY LANDMEIER, BEING PART OF SECTIONS, 26 AND 35,
TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF REGISTERED IN THE OFFICE OF THE
REGISTRAR OF TITLES OF COOK COUNTY, ILLINOIS, ON MARCH 2, 1917 AS
DOCUMENT NUMBER 70396.
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Exhibit B
Plat of Annexation
MAP OF TERRITORY TO BE ANNEXED
TO
THE VILLAGE OF ELK GROVE VILLAGE
SUURYEYORS CERTIFICATE
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PLAT OF ANNEXATION