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HomeMy WebLinkAboutRESOLUTION - 3-26 - 1/13/2026 - Approving and Accepting a Temp Drainage Facilities and Access EasementRESOLUTION NO.3-26 A RESOLUTION APPROVING AND ACCEPTING A TEMPORARY DRAINAGE FACILITIES AND ACCESS EASEMENT FOR PROPERTY LOCATED AT COYLE AVENUE FOR THE VILLAGE OF ELK GROVE VILLAGE, COOK AND DUPAGE COUNTIES. WHEREAS, the Village of Elk Grove Village, located in Cook and DuPage Counties, Illinois (the "Village"), is a duly organized and existing municipal corporation and a home rule municipality pursuant to Article VII, Section 6, of the Illinois Constitution of 1970, and, as such, possesses the authority to exercise any power and perform any function pertaining to its government and affairs, including but not limited to, matters relating to public utilities, easements, and real property interests; and WHEREAS, NDG Owner LLC, a Delaware limited liability company (the "Owner"), is the legal titleholder of certain real property located in the County of Cook, State of Illinois, including a vacated portion of Coyle Avenue in the Village of Elk Grove Village ("Vacated Coyle Avenue"); and WHEREAS, the Village currently owns and operates an underground watermain and related watermain appurtenances, stormwater drainage culvert, and related drainage facilities (collectively, the "Facilities") located within the Vacated Coyle Avenue and within Lot 1 and Lot 2 of the Elk Grove Village Data Center Phase 1 Plat of Subdivision (the "Subdivision Plat") (Lot 1 and Lot 2, respectively, together with the Vacated Coyle Avenue, are collectively referred to as the "Affected Property"), within the areas of the Affected Property demarcated on the Existing Utility Plan attached to the Agreement as Exhibit C (the "Temporary Easement Areas"); and WHEREAS, the Owner and the Village have negotiated a temporary drainage facilities and access easement agreement (the "Agreement") granting to the Village a temporary easement upon, over, across and along the Temporary Easement Areas for the operation, maintenance and repair of its Facilities in the Temporary Easement Areas until such time as the replacement drainage facilities (the "Replacement Facilities") are constructed and approved within the twenty- five (25) foot storm sewer easement area located along the southern portion of Lot 1 of the Subdivision Plat (the "Lot 1 Drainage Easement Area"), a true and accurate copy of which Agreement is attached hereto and made a part hereof as Exhibit A; and WHEREAS, the Mayor and the Board of Trustees of the Village (collectively, the "Corporate Authorities") find that it is in the best interests of the Village to approve and accept the Agreement and the temporary easement rights granted therein, and to authorize the execution and recording of (i) the Agreement, together with all exhibits attached thereto; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois, as follows: Section 1. INCORPORATION OF RECITALS. The Corporate Authorities of the Village of Elk Grove Village hereby find that all the recitals contained in the preambles to this Resolution are full, true and correct and do hereby incorporate them into this Resolution by reference as if fully set forth herein. Section 2. APPROVAL AND ACCEPTANCE OF AGREEMENT AND PLAT. The Temporary Drainage Facilities and Access Easement Agreement between the Village of Elk Grove Village and NDG Owner, LLC, substantially in the form attached hereto and made a part hereof as Exhibit A, together with all exhibits attached thereto, is hereby approved and accepted, with such changes as may be approved by the Village Attorney. Section 3. AUTHORIZATION TO EXECUTE AND RECORD. The Mayor and Village Clerk are hereby authorized and directed to execute and attest to, respectively, the Agreement on behalf of the Village, and to take all other actions necessary or appropriate to carry out the intent of this Resolution, including causing (i) the fully executed Agreement, together with all exhibits thereto, to the recorded with the Cook County Recorder of Deeds. Section 4. CONFLICTING PROVISIONS REPEALED. Any policy, resolution, or ordinance of the Village that conflicts with the provisions of this Resolution shall be and is hereby repealed to the extent of such conflict. Section 5. EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES:5 NAYS:0 ABSENT: 1 PASSED this 13" day of January 2026 APPROVED this 1311 day of January VE Mayor Craig X.Johnson Village of I ' Grove Village ATTEST: er S. ahon, Village Clerk EXHIBIT A Temporary Drainage Facilities and Access Easement Agreement Elk Grove Village Data Center Phase 1 [Attached] This Document was Prepared by and after recording return to: Jami L. Brodey, Esq. Goldberg Kohn Ltd. 55 East Monroe Street, Suite 3300 Chicago, Illinois 60603 PIN(s): TEMPORARY DRAINAGE FACILITIES AND ACCESS EASEMENT THIS TEMPORARY DRAINAGE FACILITIES AND ACCESS EASEMENT ("Easement") is made as of the l-day off W1E 1-q. , 202h by and between NDG OWNER LLC, a Delaware limited liability company to do business in Illinois ("Grantor"), and THE VILLAGE OF ELK GROVE VILLAGE ("Grantee"). RECITALS: A. Grantor is the owner of certain land located in County of Cook, State of Illinois, including the portion of Coyle Avenue vacated pursuant to the plat of vacation recorded contemporaneously herewith (the "Vacation Plat") as shown on Exhibit A attached hereto ("Vacated Coyle Avenue"). B. Grantee currently has an underground watermain and related watermain appurtenances, stormwater drainage culvert and related drainage facilities (collectively, the "Facilities") located within Vacated Coyle Avenue and within Lot 1 and Lot 2 of the Elk Grove Village Data Center Phase 1 Plat of Subdivision being recorded contemporaneously herewith (the "Subdivision Plat") as shown on Exhibit B attached hereto ("Lot 1" and "Lot 2", respectively, and Lot 1 and Lot 2, together with Vacated Coyle Avenue, collectively, the "Affected Property") within the areas of the Affected Property demarcated on the Existing Utility Plan attached hereto as Exhibit C (the "Temporary Easement Areas"). C. In connection with proposed development of Grantor's property located north and south of Vacated Coyle Avenue, Grantor has requested that Grantee relinquish its rights to Vacated Coyle Avenue pursuant to the Vacation Plat and to Lot 1 pursuant to the Subdivision Plat. D. In consideration of Grantee's relinquishment of its right pursuant to the Vacation Plat, and as a condition to such relinquishment, Grantor desires to grant to Grantee, and Grantee 4926-7695-0653v10 2492.104 desires to receive from Grantor, a temporary easement upon, over, across and along the Temporary Easement Areas for the operation, maintenance and repair of its Facilities in the Temporary Easement Areas until such time as the replacement drainage facilities (the "Replacement Facilities") are constructed in the twenty-five (25) foot storm sewer easement area along the southern portion of Lot 1 of Elk Grove Village Date Center Phase 1 (the "Lot 1 Drainage Easement Area") granted per the Subdivision Plat. NOW, THEREFORE, in consideration of Ten and No/100 Dollars ($10.00), the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby expressly acknowledged, Grantee and Grantor hereby agree as follows: 1. Grant of Easements. Grantor does hereby grant and convey to Grantee and Grantee's agents, contractors, employees and representatives (collectively, the "Grantee Parties"), a non-exclusive, right and easement during the Easement Term (as defined below) upon, over, through, across and along the Temporary Easement Areas for the purposes of operation, maintenance and repair of its Facilities, together with an easement for pedestrian and vehicular access, ingress and egress at any and all times during the Easement Term to, from and between the Temporary Easement Areas and to and from any and all streets and roadways located at any time adjacent to the Temporary Easement Areas for the purpose of accessing the Facilities within the Temporary Easement Areas. Each and all of the rights, privileges and easements conferred upon the Grantee Parties pursuant to this Easement (including, without limitation, the right to gain access to, through and over the Temporary Easement Areas ) may be exercised by the Grantee Parties from time to time and at any time. 2. Easement Term. The term of this Easement (the "Easement Term") shall commence on the date of this Easement set forth above, and shall terminate and expire on the date on which the Replacement Facilities have been constructed and approved by the Village of Elk Grove Village and the Metropolitan Water Reclamation District of Greater Chicago in the Lot 1 Drainage Easement Area. Upon the expiration of the Easement Term, the easement rights in favor of Grantee and the other Grantee Parties hereunder shall terminate and expire without further notice or action by Grantor or Grantee. If, however, either Grantor or Grantee so requests after the expiration of the Easement Term, the parties shall execute and deliver a recordable instrument reasonably acceptable to the parties confirming the expiration of the Easement Term and the termination and expiration of such easement rights of Grantee and the other Grantee Parties hereunder. 3. Covenants Running with the Land. The terms, conditions, rights and easements contained herein shall be covenants running with the land and shall continue in full force and effect during the Easement Term. This Easement shall be recorded against Lot 1 and Lot 2 of the Subdivision Plat, each of which contain a portion of the Temporary Easement Areas, and the terms and conditions contained herein shall bind, inure to the benefit of, and be enforceable by, the parties hereto and their respective successors and assigns (including, without limitation, the respective successors in title to Grantee and Grantor to the Temporary Easement Areas ). The rights of use described in Paragraph 1 hereof shall extend to the Grantee Parties. 4. Notices. Whenever notice is required to be given pursuant to this Easement, the same shall be in writing, and either personally delivered, sent by a nationally recognized overnight -2- delivery service, postage prepaid, or sent via United States certified mail, return receipt requested, postage prepaid, and addressed to the parties at their respective addresses as follows: If to Grantee: Village of Elk Grove Village 901 Wellington Ave Elk Grove Village, IL 60007 Attn: Village Manage With a copy to: Village of Elk Grove Village 901 Wellington Ave Elk Grove Village, IL 60007 Attn: Village Attorney If to Grantor: NDG Owner, LLC c/o TA Realty One Federal Street, 17th Floor Boston, Massachusetts 02110 Attn: David Buxbaum with a copy to: Commonwealth Edison Company Three Lincoln Centre, 4th Floor Oakbrook Terrace, Illinois 60181 Attn: Director of Real Estate Services or at such other addresses as any party, by written notice in the manner specified above to the other party hereto, may designate from time to time. Unless otherwise specified to the contrary in this Easement, all notices shall be deemed to have been given upon receipt (or refusal of receipt) thereof. 5. Severability. If any term, provision or condition in this Easement shall, to any extent, be invalid or unenforceable, the remainder of this Easement (or the application of such term, provision or condition to persons or circumstances other than in respect of which it is invalid or unenforceable) shall not be affected thereby, and each term, provision and condition of this Easement shall be valid and enforceable to the fullest extent permitted by law. 6. Governing Law; Venue. The terms and provisions of this Easement shall be governed by and construed in accordance with the laws of the State of Illinois. With respect to any suit, action or proceeding relating to this Easement (each a "Proceeding"), the parties hereto -3- each irrevocably: (a) agree that any such Proceeding shall be commenced, brought, tried, litigated and consummated in the courts of the State of Illinois located in the County of Cook or (as applicable) the United States District Court for the Northern District of Illinois, (b) submit to the exclusive jurisdiction of the courts of the State of Illinois located in the County of Cook and the United States District Court for the Northern District of Illinois, and (c) waive any objection which they may have at any time to the laying of venue of any Proceeding brought in any such court, waive any claim that any Proceeding brought in any such court has been brought in an inconvenient forum, and further waive the right to object, with respect to such Proceeding, that any such court does not have jurisdiction over such party. 7. Change in Use. The rights granted pursuant to this Easement shall not terminate or be in any way impaired by reason of a change of the present uses of Grantor's Property or the present improvements or fixtures thereon. 8. Division of Property. If Grantor's Property is hereafter divided into two or more parts by separation of ownership or lease, each portion of Grantor's Property shall be subject to the burdens of the easements and restrictions created hereby. 9. Costs. Upon the occurrence of any breach or default under this Easement by either party, the defaulting party shall be liable for and shall reimburse the non -defaulting party upon demand for all reasonable attorneys' fees and costs incurred by such non -defaulting party in enforcing defaulting party's obligations under this Easement, whether or not the non -defaulting party files legal proceedings in connection therewith. 10. No Strict Construction. The rule of strict construction does not apply to the grant of easements contained herein. These grants shall be given a reasonable construction in order that the intention of the parties to confer a commercially useable right of enjoyment to Grantee with respect to such easements shall be effectuated. The parties acknowledge that the parties and their counsel have reviewed and revised this Easement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Easement or any exhibits or amendments hereto. 11. Counterparts. This Easement may be executed in several counterparts, each of which shall be deemed an original; further the signature of the parties hereto on this Easement may be executed and notarized on separate pages, and when attached to this Easement shall constitute one complete document. 12. Captions. The section headings appearing in this Easement are for convenience of reference only, and are not intended, to any extent and for any purpose, to limit or define the text of any section or subsection hereof. 13. No Partnership. None of the terms and provisions of this Easement shall be deemed to create a partnership between or among the parties hereto in their respective businesses or otherwise, nor shall any terms or provisions of this Easement cause them to be considered joint venturers or members of any joint enterprise. 14. No Cancellation upon Breach. It is expressly agreed that no breach of this Easement shall entitle any party to cancel, rescind or otherwise terminate this Easement. ME 15. Further Assurances. Each party agrees that it will execute and deliver such other documents and take such other action as may be reasonably requested by the other party to effectuate the purposes and intention of this Easement. 16. No Waiver. The failure of either party to enforce at any time any provision of this Easement shall not be construed to be a waiver of such provision, nor in any way to affect the validity of this Easement or any part hereof or the right of such party thereafter to enforce each and every such provision. No waiver of any breach of this Easement shall be held to constitute a waiver of any other or subsequent breach. 17. No Oral Change. This Easement cannot be changed orally or by course of conduct, and no executory agreement, oral agreement or course of conduct shall be effective to waive, change, modify or discharge it in whole or in part unless the same is in writing and is signed by the party against whom enforcement of any waiver, change, modification or discharge is sought. 18. No Third Party Beneficiaries. Grantor and Grantee agree and acknowledge that, except as expressly set forth herein, there are no intended third party beneficiaries of this Easement nor any of the rights and privileges conferred herein. 19. Waiver of Jury Trial. Grantor and Grantee, by this Section, waive trial by jury in any action, proceeding, or counterclaim brought by either of the parties to this Easement against the other on any matters whatsoever arising out of or in any way connected with this Easement, the relationship of Grantor and Grantee, Grantee's use or occupancy of the Temporary Easement Areas , or any other claims, and any emergency statutory or any other statutory remedy. 20. Liability of Parties. The term "Grantor" as used in this Easement means only the owner or owners at the time being of the Grantor's Property, so that in the event of any assignment, transfer, conveyance or sale, once or successively, of all of the right, title and interest of a Grantor in and to the Grantor's Property, said Grantor making such assignment, transfer, conveyance or sale shall be entirely freed and relieved of all covenants and obligations of the Grantor hereunder accruing after the date of such assignment, transfer, conveyance or sale, and the Grantee shall look solely to the assignee, transferee or purchaser with respect thereto; provided, that upon such assignment, transfer, conveyance or sale, such assignee, transferee or purchaser shall automatically, and without the necessity of further action of any kind, be deemed to have assumed all of Grantor's covenants and obligations hereunder accruing after the date of such assignment, transfer, conveyance or sale. [signature page follows] -5- IN WITNESS WHEREOF, the parties hereto have caused this Easement to be executed as of the date and year first above written. GRANTOR: NDG OWNER LLC, a Delaware limited liability company By. L40---- Name: P4006"!2!T—n Title: —04 rly M41'0i-4 GRANTEE: THE VILLA$n OF FLWGROVE VILLAGE By:_ Name: Title: Signature Page to Temporary Facilities and Access Easement STATE OF w] Aa ) )SS COUNTY OFj4.- ) I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that pwija , personally known to me to be the CF.'A-ey of NDG OWNER LLC, a Delaware limited liability company, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as such k , (s)he signed and delivered such instrument, as his/her free and voluntary act and deed, and as the free and voluntary act and deed of such limited liability company, for the uses and purposes therein set forth. Given under my hand and notarial seal thisik day of 20Av. Notary Public My Commission Expires: 11 laul3a MELANIE MEDEIROS Holwy PWk, C0M=nWdb 01 ialassactlmM My Commission Expires !November 26.2032 Acknowledgment Page to Temporary Facilities and Access Easement STATE OF aOl )SSCOUNTY OF ) I, eMT1Qk MACK , a Notary Public in and for the County and State aforesaid, do hereby certify that i11 , personally known to me to be the jMaljl}tr o THE VILLAGE OF ELK GROVE VILLAGE, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as such c-p-r*2 , (s)he signed and delivered such instrument, as his/her free and voluntary act and deed, and as the free and voluntary act and deed of such village, for the uses and purposes therein set forth. Given under my hand and notarial seal this (bkday o �2020 Not ubli My Commission Expires: f�DVWK6- 19, 2G7-2E5 OiiiCMl �Al . MMMIfIIMklM1�Miuli Acknowledgment Page to Temporary Facilities and Access Easement EXHIBIT A TO TEMPORARY EASEMENT VACATED COYLE AVENUE „a.ow u,n rr i. ... uu�,Wl'316'Av/niNvd SaO0tl n3SNU Lri y„[r' ! iM MR IuUa UJOHO/kalWfj2 aS+l[AMuanans O a [ ��W 2 s aeQFN eW a oew CARMEN DRIVE o _ x _'. m -H ` y .TI[IOZP �W TCRPER o > K uW• gygg3 sSuig $n� =fie€911c i f o i aa V ixeo a o W� O a r ^ 3u a' �f Na J i _ o< -ROAp (F.A.U. ROUTE 2676) » "E o ° m m m m s8 �<'-s<NHo=y„oWo� Cosa me<�z :wzWsw 24 ae€"�-�-HuME! K—.—m... <�E e�eee�_�<.ps<:_eo <'eeE =.m EXHIBIT B TO TEMPORARY EASEMENT SUBDIVISION PLAT FINAL PLAT OF SUBDIVISION PINS ELK GROVE VILLAGE DATA CENTER PHASE 1 Pw ios-oiz PIN 09-]6-102-019 PN 06-]6-102-020 PART OF THE NORTHWEST QUARTER OF SECTION 36, Pu 0eti]6-102-021 TOWNSHIP 41 NORTH, RANGE 11. EAST OF THE THIRD Pk 0B--102-025 PRINCIPAL MERIDIAN IN COOK COUNTY, IIJJNOIS. PN a8- 102-0W ]4-1G2-O]9 I pi ESTES AVE V GREENLEAF CN-7.46'(M] N49'56'11'E(M) C9xxpy10Yy}�(4J 44.62'(M) I� Ig F. TAG INOUs1R4L l SUBOMSCN UNIT SEvBN l -9 A'p,G T � D` C I LUNT AVE TL.. �N01'46'30'W(MA.as $V � � RCOERS w0usrluL 140f1K37 M � 9]�N1>rN UxOI 1r ;OA.18 CURVE TABLE N LENGIH RAdUS CHORDDIRECTION CHORDLENGTH CI 4p IS 65 DO 54Y46.06'W I llN C221023 I60 O0 19543 C] 53 80 4500 S]]T3'28-W 5065 BASIS OF BEARING Pu 0�D6-t0z-a4D Pw ae~D6-1D2-w1 W. Ofi-]6-102-- GRAPHIC SCALE Imp D. AREA SUMMARY \ xE1 AAEA I• v�we�C Luu m.Na xoes YJCLlf eti'+]r.+x LOT 3 ]B Tail S F PARCEL 3 Nz 4 SUB MS..N UNIT' I'I Gyp Ala Q� LOT 2 um 'pR v4 �P IgOT1ls xsnwr. - .-._.�-.�': cWww 6elal �6ee4 aNufntA4 x� mar TNAIr AF-TWDO'r� I � m. �riYi1Y .lu»w-t xTT' �A1RCEi�5� 4.N - i� PARCEL 1� LOT 1 cR.sMss],t'. 2 a,66 CF _ T a 6 0] . A - @ICFPf DISf ]25 RRA ROGERS INDUSTRML RroFAS SUBpMSCN UNR 1W0 SUBCMGY'N INOUSIRDI � IWU51-AxL UNIT T1N0'� LRlf S0112'03-E(M) 399.01'(M) HEREBY DEDICATED TO THE VILLAGE OF aX GROVE VILLAGE a25w P.O.C. 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A 15 Eul m- me mmeo rvxu°u uFxmnwiix fuR ax[�ulus:.[ gzeu o s imcsml>>Ai� z^ a rmsµoinc armw[ imirowrvr�.a[IT s sk [pp[y�..mw 'om'omw�I.wuz: xva r Ine[ns o[r[alw[o l e[ w uwziwjN iw�[w.G 11f1i�oTi4 eom nnvxc n g—TE a —T i4 wm SURVEYOR'S AUTHORIZATION TO RECORD µo/m awESOx T- .ss� xo [r.wxs x. aiw wE m srO a nns "' xErwx[o er x[ ra [Mn ucrwZP sE [axts/w/Ion.-aozne �'.al�m [rG VYww z0 fqr EXHIBIT C TO TEMPORARY EASEMENT UTILITY PLAN/TEMPORARY EASEMENT AREAS Those portions of Lot 1 and Lot 2 of the Elk Grove Village Data Center Phase 1 Plat of Subdivision shown on the diagram attached hereto. Exhibit C Page 1 3AM N3M.WO i -o.-w N I o i i o� i 3IH law Lk� E O E Mayor CRAIG B. JOHNSON Village Clerk JENNIFER S. MAHON Village Manager MATTHEW J. ROAN STATE OF ILLINOIS Village Trustees JOSEPH D.BUSH JEFFREY C. FRANKE KATHRYN A. JAROSCH KEITH LASKEN TAMMY K. MILLER STEPHEN F. SCHMIDT SS COUNTIES OF COOK AND DU PAGE CERTIFICATE OF CLERK This is to certify that I, Jennifer S. Mahon, am the Village Clerk of the Village of Elk Grove Village, Cook and DuPage Counties, Illinois, and as such official am the custodian of the records and seal of said Village; and that the attached is a true and correct copy of Resolution No. 3-26 passed by the Mayor and Board of Trustees of said Village at a meeting duly held on the 13a' day of January 2026, which Resolution No. 3-26 was approved by the Mayor, all as appears from the official records which are in my custody. Witness my hand and the official seal of said Village of Elk Grove Village this 13th day of January 2026. (SEAL) �Mtlkr &4, JknjOer S. ahon, Village Clerk Village of Elk Grove Village Counties of Cook and DuPage, Illinois 901 WELLINGTON AVENUE o ELK GROVE VILLAGE, ILLINOIS • 60007-3499 TELEPHONE (847) 357-4000 e FAX (847) 357-4044 o TDD (847) 357-4088 www.elkgrove.org Mayor CRAIG B. JOHNSON Village Clerk JENNIFER S. MAHON Village Manager MATTHEW J. ROAN STATE OF ILLINOIS Village Trustees JOSEPH D.BUSH JEFFREY C. FRANKE KATHRYN A. JAROSCH KEITH LASKEN TAMMY K. MILLER STEPHEN E SCHMIDT SS COUNTIES OF COOK AND DU PAGE CERTIFICATE OF CLERK This is to certify that I, Jennifer S. Mahon, am the Village Clerk of the Village of Elk Grove Village, Cook and DuPage Counties, Illinois, and as such official am the custodian of the records and seal of said Village; and that the attached is a true and correct copy of Resolution No. 3-26 passed by the Mayor and Board of Trustees of said Village at a meeting duly held on the 13th day of January 2026, which Resolution No. 3-26 was approved by the Mayor, all as appears from the official records which are in my custody. Witness my hand and the official seal of said Village of Elk Grove Village this 13th day of January 2026. (SEAL) &Lt I kr�- hq a.� i4apAer S. anon, Village Clerk Village of Elk Grove Village Counties of Cook and DuPage, Illinois 901 WELLINGTON AVENUE & ELK GROVE VILLAGE, ILLINOIS • 60007-3499 TELEPHONE (847) 357-4000 - FAX (847) 357-4044 ■ TDD (847) 357-4088 www.elkgrove.org