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Home My WebLink AboutORDINANCE - 3827 - 9/12/2023 - STREAM DATA CENTERS, PHASE 1, PLAT OF CONSOLIDATION 1 - VACATING LEE AND ROPPOLO RT-OF-WAYORDINANCE NO.3827 AN ORDINANCE APPROVING A FINAL PLAT OF SUBDIVISION FOR STREAM DATA CENTERS CAMPUS ORD3 AND VACATING THE LEE LANE RIGHT OF WAY AND PART OF THE ROPPOLO DRIVE RIGHT OF WAY (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. 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 ("Property"); and WHEREAS, Stream U.S. Data Center, L.L.C., through its affiliate, SDC CHI III, LLC, a Delaware limited liability company (collectively, "Developer"), will be the Property's owner upon this Ordinance's effective date; and WHEREAS, Developer submitted an application ("Application") seeking approval of a final plat of subdivision to consolidate portions of the Property ("Phase 1 Property") into a single lot of record and to vacate the Lee Lane right of way and part of the Roppolo Drive right of way (collectively, the "ROW"), all as depicted on the final plat of subdivision attached to this ordinance as Exhibit B ("Phase 1 Plat"); and WHEREAS, the Illinois Municipal Code (65 ILCS 5/11-91-1) authorizes the Village to vacate streets and portions thereof upon finding that the vacation will serve the public interest; and WHREREAS, the Phase 1 Property is adjacent and or contiguous to the ROW; and WHEREAS, after publishing notice on August 26, 2023, the Village Board conducted a public hearing on September 12, 2023 to consider the Developer's ROW vacation request; and WHEREAS, the Village Board has determined that (a) the village's ownership of the ROW is not necessary, appropriate, or required; (b) the ROW provides no public benefit in its current location, (c) the public interest will be served by vacating the ROW and conveying the ROW to the Developer; and (d) vacating the ROW will relieve the Village of the burden and responsibility of maintaining the ROW in the future; and WHEREAS, the Village finds that it is in the Village's best interests to approve the Application and that doing so will promote the public health, safety, and welfare; and WHEREAS, the Developer and the Village also entered into a Pre -Annexation and Development Agreement ("Annexation Agreement") on or about September 12, 2023 governing the Property's future development; NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of 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. FINAL PLATS APPROVED; AUTHORITY. The final plat of subdivision attached to this Ordinance as Exhibit B is hereby approved. The Mayor and Village Clerk are authorized and directed to execute on the Village's behalf the Phase 1 Plat in accordance with Section 2.3 of the Annexation Agreement. The Village Clerk is authorized and directed to record the Phase 1 Plat with the Office of the Cook County Clerk, Recordings Division, in accordance with the procedures set forth in Section 2.3 of the Annexation Agreement. The Village Manager is authorized to take all actions to implement this Ordinance's terms. SECTION 3. ROW VACATION. A. Vacation Approved. The Developer's petition to vacate the ROW is hereby approved. B. Title Conveyed. In exchange for the Consideration, as defined in Section 3.C, and other good and valuable consideration, title to the ROW shall pass to the Developer on this Ordinance's effective date. C. Consideration. In consideration of the Village vacating the ROW and conveying the ROW's title to the Developer, the Developer agrees that the Village shall not be responsible for maintaining the ROW, and the Village Board of Trustees hereby determines that savings accruing to the Village by not having to maintain the ROW equals the ROW's fair market value. SECTION 4. REPEALER. All prior ordinances and resolutions in conflict or inconsistent herewith are hereby expressly repealed only to the extent of such conflict or inconsistency. SECTION 5. PUBLICATION. The Village Clerk is authorized and directed to publish this Ordinance in pamphlet form. SECTION 6. 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 Phase 1 Property's annexation into the Village. [intentionally left blank] 2 VOTE: AYES: 5 NAYS: 0 ABSENT: 1 PASSED this 12th day of September, 2023. APPROVED this 12th day of September, 2023. ' _' ' W M 3 Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy, Village_Clerk Village of Elk Grove Village PUBLISHED this 141h day of September, 2023 in pamphlet form. Rxhihit A Legal Description of Property LOTS 1 THROUGH 6 IN BLOCK 1, LOTS 1 THROUGH 7 IN BLOCK 2, LOTS 1 THROUGH 6 AND LOTS 9 THROUGH 12 IN BLOCK 3, AND LOTS 1 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; 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. Addresses and P.I.Ns.: 751 Roppolo Dr (08-26-308-001); 761 Roppolo Dr (08-26-308-002); 809 Roppolo Dr (08-26-308-003); 815 Roppolo Dr (08-26-308-004); 817 Roppolo Dr (08-26-308-005); 851 Roppolo Dr (08-26-308-006); 905 Roppolo Dr (08-26-308-007); 802 Richard Ln (08-26-301-028); 804 Richard Ln (08-26-301-029); 808 Richard Ln (08-26-301-024); 812 Richard Ln (08-26-301-008); 814 Richard Ln (08-26-301-009); 818 Richard Ln (08-26-301-010); 900 Richard Ln (08-26-301-011); 906 Richard Ln (08-26-301-012); 801 Richard Ln (08-26-301-013); 805 Richard Ln (08-26-301-014); 809 Richard Ln (08-26-301-015); 809 Richard Ln (08-26-301-016); 823 Richard Ln (08-26-301-017); 825 Richard Ln (08-26-301-018); 901 Richard Ln (08-26-301-019); 2110 Landmeier Rd (08-26-301-020); 701 Dierking Terrace (08-26-305-001); 703 Dierking Terrace (08-26-305-002); 705 Dierking Terrace (08-26-305-003); 707 Dierking Terrace (08-26-305-004); 717 Dierking Terrace (08-26-305-005); 777 Dierking Terrace (08-26-305-006); 801 Dierking Terrace (08-26-307-001); 805 Dierking Terrace (08-26-307-002); 809 Dierking Terrace (08-26-307-003); 913 Dierking Terrace (08-26-307-004); 700 Roppolo Dr (08-26-305-007); rd 704 Roppolo Dr (08-26-305-008); 708 Roppolo Dr (08-26-305-009); 712 Roppolo Dr (08-26-305-010); 716 Roppolo Dr (08-26-305-011); 720 Roppolo Dr (08-26-305-012); 800 Roppolo Dr (08-26-307-007); 804 Roppolo Dr (08-26-307-008); 808 Roppolo Dr (08-26-307-009); 812 Roppolo Dr (08-26-307-010); 816 Roppolo Dr (08-26-307-011); 900 Roppolo Dr (08-26-307-012); 701 Roppolo Dr (08-26-306-001); 707 Roppolo Dr (08-26-306-002); 709 Roppolo Dr (08-26-306-003); 717 Roppolo Dr (08-26-306-004); 717 Roppolo Dr (08-26-306-005); 721 Roppolo Dr (08-26-306-006); 750 Richard Ln (08-26-301-046); 750 Richard Ln (08-26-301-044); 720 Richard Ln (08-26-301-047); and 750 Richard Ln (08-26-301-045) all in the Village of Elk Grove Village, Illinois Exhibit B Phase I Plat PLAT OF CONSOLIDATION NO. 1 OF Stream Data Centers Campus ORD3 xm- 77.1 Or.rx gem VI t9p• 0 FWNFFR AREA n. c —Ri FIAT OF CONSOLIDATION NO. PLAT OF CONSOLIDATION NO. I OF Stream Data Centers Campus ORD3 -- -- ------------- - - c.kc-*DW.*-V.fT—."ftt.-d pro I M-TH, APF"WX PLAT OF CONSOLIDATI