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HomeMy WebLinkAboutAGENDA - 01/13/2026 - VB ADDENDUM PACKET_fArrosmu ADDENDUM REGULAR VILLAGE BOARD MEETING JANUARY 13, 2026 7:00 PM 6. CONSENT AGENDA 1. Consideration to adopt Ordinance No. 3929 amending Ordinance No. 3834 approving changes to the final Plat of Subdivision for Phase 1 and the Plat of Vacation of a portion of Coyle Avenue (TA Realty). (This ordinance approves minor changes to the Phase I Plat of Resubdivision and Plat of Vacation for Coyle Avenue, which were previously approved by the Board on October 24, 2023. (The primary changes are updates to the easement language of, along with corrections to address existing facilities, which were requested by ComEd and reviewed and approved by Village staff. (The Village Attorney recommends approval.) in. Consideration to adopt Resolution No. 3-26 approving and accepting a temporary drainage facility and access easement for property located at Coyle Avenue. (This temporary easement provides rights to maintain the Village's existing water and stormwater facilities in the soon to be vacated Coyle Avenue until the replacement facilities are constructed. (Village staff have reviewed the proposed temporary easement provisions to ensure they meet the Village's needs. (The Village Attorney recommends approval.) n. Consideration to adopt Resolution No. 4-26 authorizing the Mayor and Village Clerk to execute a purchase and sale agreement between the Village of Elk Grove Village and Commonwealth Edison Company (300 E. Devon Avenue). (This property is being purchased by Commonwealth Edison Company with the intent of future development. (There are no approved plans at this time. (The Purchase and Sale Agreement will be available at the Village Board Meeting.) Page 1 of 2 In compliance with the Americans with Disabilities Act and other applicable Federal and State laws, the meeting will be accessible to individuals with disabilities. Persons requiring auxiliary aids and/or services should contact the Village Clerk, preferably no later than five days before the meeting. Page 2 of 2 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 3834 APPROVING CHANGES TO. THE FINAL PLAT OF SUBDIVISION FOR PHASE 1 OF THE ELK GROVE VILLAGE DATA CENTER DEVELOPMENT AND THE VACATION OF A PORTION OF COYLE AVENUE TA REALTY). WHEREAS, the Village of Elk Grove Village ("Village") is an Illinois home rule municipality organized and operating pursuant to the Illinois Municipal Code and the Constitution of the State of Illinois; and WHEREAS, the Village previously adopted Ordinance No. 3834 on October 24, 2023, which, among other things, annexed certain property to the Village, rezoned the annexed property to the I-2 General Industrial District, approved a Preliminary Plat of Subdivision and phased resubdivisions for the Elk Grove Village Data Center development, authorized the phased vacation of public rights -of -way, and granted related zoning approvals and variations; and WHEREAS, Ordinance No. 3834 expressly contemplated a two-phase development, with Phase 1 consisting of the properties located south of Greenleaf Avenue and including the vacation of Coyle Avenue, and Phase 2 consisting of the properties north of Greenleaf Avenue; and WHEREAS, the owner and developer of the subject property has submitted to the Village changes to a Final Plat of Subdivision for Phase 1 of the Elk Grove Village Data Center development, which Final Plat is consistent with the Preliminary Plat approved by Ordinance No. 3834 and is attached hereto as Exhibit A; and WHEREAS, the owner and developer has also submitted changes to a Plat of Roadway Vacation vacating a portion of Coyle Avenue, as contemplated by and consistent with Phase 1 of Ordinance No. 3834, which Plat of Vacation is attached hereto as Exhibit B; and WHEREAS, the Mayor and Board of Trustees have reviewed the changes to the Final Plat of Subdivision for Phase 1 and the Plat of Roadway Vacation and find that both documents are consistent with the approvals granted under Ordinance No. 3834, the Village Code, and applicable law; and WHEREAS, the Mayor and Board of Trustees further find that there is no public benefit to the continued Village ownership of the portion of Coyle Avenue proposed to be vacated, and that the vacation of said right-of-way is authorized pursuant to 65 ILCS 5/11-91-1 et seq. and is in the best interests of the Village; and WHEREAS, the Mayor and Board of Trustees desire to approve the changes to the Final Plat of Subdivision for Phase 1, attached as Exhibit A, and to vacate the applicable portion of Coyle Avenue pursuant to the amended Plat of Roadway Vacation attached as Exhibit B, in order to implement the approvals previously granted and to facilitate orderly development of the property. 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, as follows: Section 1. INCORPORATION OF RECITALS. The recitals set forth above are hereby found to be true and correct and are incorporated into this Ordinance as if fully set forth herein. Section 2. APPROVAL OF FINAL PLAT OF SUBDIVISION. The Mayor and Board of Trustees hereby find and determine that it is necessary, advisable, and in the best interests of the Village to approve the Final Plat of Subdivision for Phase 1 of the Elk Grove Village Data Center development, attached hereto as Exhibit A, subject to such changes as may be approved by the Village President, Village Attorney, and Village Engineer, provided such changes are consistent with Ordinance No. 3834 and do not materially alter the approved subdivision layout, easements, or dedications. Section 3. VACATION OF COYLE AVENUE. Pursuant to 65 ILCS 5/11-91-1 et seq., the Mayor and Board of Trustees hereby vacate the portion of Coyle Avenue legally described and depicted on the Plat of Roadway Vacation attached hereto as Exhibit B, and find that there is no public benefit to the continued Village ownership of said right-of-way. Section 4. AUTHORIZATION TO EXECUTE AND RECORD. The Village President is hereby authorized and directed to execute the Final Plat of Subdivision attached as Exhibit A and the Plat of Roadway Vacation attached as Exhibit B. The Village Clerk is hereby authorized and directed to attest to the same and to record this Ordinance, together with Exhibits A and B, with the Office of the Cook County Clerk, Recording Division. Section 5. FURTHER ACTIONS AUTHORIZED. The Village President, Village Clerk, Village Attorney, Village Engineer, and other officers, employees, and agents of the Village are hereby authorized and directed to take all actions necessary or reasonably required to carry out and give effect to the intent of this Ordinance. Section 6. RATIFICATION. All prior actions taken by the officers, employees, and agents of the Village with respect to the subject matter of this Ordinance are hereby ratified and approved. Section 7. SEVERABILITY. If any provision of this Ordinance is held invalid, such invalidity shall not affect the other provisions, which shall remain in full force and effect. Section 8. REPEALER. All ordinances, resolutions, or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 9. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval, and publication as provided by law. 2 VOTE: AYES: NAYS: ABSENT: PASSED this day of January 2026 APPROVED this day of January 2026 APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Jennifer S. Mahon, Village Clerk PUBLISHED in pamphlet form this day of January 2026. 3 EXHIBIT A Final Plat of Subdivision Elk Grove Village Data Center Phase 1 [Attached] FINAL PLAT OF SUBDIVISION PINS ELK GROVE VILLAGE DATA CENTER PHASE I Pig --=?o oz PIN: 102-019 PIN:102-020 PART OF THE NORTHWEST QUARTER OF SECTION 36, PIN: O6-]fi-102-021 TOWNSHIP 41 NORTH. RANGE 11, EAST OF THE THIRD PIN: OB-]6-102-025 PRINCIPAL MERIDIAN IN COOK COUNTY, IUJNdS z Ofi-]6-1D2-o3e BASIS OF BEARING �' w-D]9 PF38-102 PIN OB-]6-102-04D]6I: 06--102-041 PIN: : 0e-w-102-044 \ CURVE TABLE GRAPHIC SCALE NO, LENGTH RADIUS CHORD DIRECTION CHORD LENGTH CI 4018 fi600 549Y6.OB"W 954 1 2] I6000 N]fi26'25"E 19543 Cl S]BO 4600 S]]t S2B"W ED S5 I I ESTES AVE I AREA SUMMARY A a old ' Isnw e°Jw� act m o.ATe Noas ..I _ NCT ARu 1,1E wxu i44^sl a x.Us •vWs 0 D O LUNT AVE w ; 0 c il m; NI m r] I 5x7'4B'Sa• Yl 4 N0115'30'W(M)i 204.16'(M) kHd78'Q:-FLAT) e3+.aa 1r1 R�i000 (N] 4x'A wa MAAn.N �N49-50'11"E(M) G+iR37{Y1 CB�NS671'5B M] 44•B2'(M) LOT 3 ROOEIS 1N0Uy11dY, S1IEDMSICN UNIT FOUR ]6]•34J SF e]n AG. 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A PUN MAT MEETS ME REQUIREMENTS CONTAINED IN ME DEPARTMENTS 'P, 04 AbM7S_fiW.114YS G., STATE HIGHWAYS' MLL BE REWIRED BY 17TD� .M)SE RI05, PE AELOM OMF EMpMEF]i PLAN COMMISSION CERTIFICATION VAW 4C WqA in VILLAGE BOARD srArE of iuA.as � awns V Lase � •1Aee I cs Auw m! —MT ars SURVEYOR'S CERTIFICATE to rvA I Ks m aE F—TAll AAOPEATY N ME I1�e :. Ll ;ffr' ' . ro. Na ., &N MO EAST TS mE a'ousFE .�A ' oa`E �:;'",.`r°eA AA Io i Fs "'.> r� xaA EAsr aE nE ,xAo oTMW,,L ou°7A o TMEize " EMT`_ un rv�uEkrtA '( us aaoA.vxl �s D6wm I T ME Ratio xi DF � p[r EA4v w .A,W ro >tk AT — M— s.4�. ew.eA _ ear aE 1=NA E.i>ono:O1 a �e�aoe»e ­E E—ss'�li>ona+e9N�""" xo Tsae SURVEYOR'S AUTHORIZATION TO RECORD TO EgDrM,� .ssuAE �o o�.xas ...c eATx rAOE TOsNo x.r xes sEo�i �ANwioAersE�ano�As wax,Y. Iw�AY a m_ .T —.1 A.AE E.xa u¢*isE Evn¢sx�/w/Eoie�oa:ne EM EsnWEx i EAin wA,crw MT >ws COMPASS`®� Ee eGROVEVILL\GE SURVEYING LTD Axu DATA CI MER PIir\SEI EXHIBIT B Plat of Roadway Vacation (Coyle Avenue) [Attached] � me`µ TM VMYtlVd SUWA\1f3�.Vl�l�rz R ~ �. � __ aa„J1]�Wn'/JMf1,�4aNfaK �a lr - �i } 1`ry �R*AalWSn nnaaan��i i vi acit((��a��w.{{i.��nans �7 Vd WOD O x r� 1S1 h� Mg CARMEN DRIVE -sa x e� ig j": _ �_�_ till a6x ai�u $Hr $gE� 5a m3a oft O p�s¢ o a _ m m m go 08 S Off~ N w'�w 10 O 11 a m a }F o$N9 3�8o a s❑ F O¢ O§ko zu i J sgm F-� Ate;" 9n $�aly�yI zz � r: a z 0 ti MHURST -READ----------- (F.A.0 ROUTE 2678) u u m m m F w m m woga w�=W soo�Ma�WFap^_w'�<N°�Ne a �wow$m�8�m�� _ 8iinWow�dww=�wo€=o`�- o 1a2M=-9 <amQ!m9 -_� a =w=a�-- ��iY_ RESOLUTION NO. 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: NAYS: ABSENT: PASSED this day of January 2026 APPROVED this day of January 2026 APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Jennifer S. Mahon, 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 _ day of , 20_, by and between NDG OWNER LLC, a Delaware limited liability company registered 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 I 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. SeverabtLity. 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: Name: Title: GRANTEE: THE VILLAGE OF ELK GROVE VILLAGE By:_ Name: Title: Signature Page to Temporary Facilities and Access Easement STATE OF ) )SS COUNTY OF ) I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that , personally known to me to be the 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 , (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 this day of 20_. Notary Public My Commission Expires: Acknowledgment Page to Temporary Facilities and Access Easement STATE OF ) )SS COUNTY OF ) I, , a Notary Public in and for the County and State aforesaid, do hereby certify that personally known to me to be the of 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 , (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 _ day of 20_. Notary Public My Commission Expires: Acknowledgment Page to Temporary Facilities and Access Easement EXHIBIT A TO TEMPORARY EASEMENT VACATED COYLE AVENUE 01! 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ROUTE 2678) « ; x`sa 3` xr�esr� jai �j x ll �i�Y 19: r my A#n : n.���x asps xc�eaa:rxra��'�#:BPI '�aa EXHIBIT B TO TEMPORARY EASEMENT SUBDIVISION PLAT FINAL PLAT OF SUBDIVISION PINS ELK GROVE VILLAGE DATA CENTER PHASE 1 Pm � -in-Oil Pw: oo-]B-los-019 PN: oa-]6-1o2-om PART OF THE NORTHWEST QUARTER OF SECTION 36, P. oB-J6-102-09I TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PIZ OB-x-103-ass PRINCIPAL MERIDIAN IN COOK COUNTY, (WHOM pill oe-SB-102-M BASIN OF BEARING oo-x-lox-o]9 PN: 05-JB-103-GAO ]6 1oT-a1 oi>an >� �'�1OLwt Pw: Do-]8-111s-o44 \ CURVE TABLE GRAPHIC SCALE NQ LENGIH RACNU6 CHORDEMRECTION LNLMI719p111 - \ \ CI OB'W 954 1 -Imn ]10IO 2 6500 cfi ] 6'96 tfi000 26'E 19543 I C3 6]SO MOO_ S]],]']B'W 5065 I \ AREA SUMMARY IN nxe —1 !`i` � \ x0 Me'A I. a � Irine116f m xne Aces ESTES AVE I I I m a I 1 g i GREENLEAF N AVENUE w. waMt.t 1�.W9x M NF7l.S3 r fl. �.OD;{Y� ` N9'SB'11'E(M) 44.82'(M) aCGFA wOU9DTNL I LOT 3 e ]a13i]A=E r PARCEL 3 ^ RL,ID6 INOIISBBII Q_Q I A WJ!AITlme u i [C+6L Cd1ES fi VS SO. —ION UNR Y 1 4 Ny 6 Is ulav c LOT 2 _.sir I S�B9e ACP LUNT AVE O I c W:coa ,-0L41WPL sLAW LEI,-emN ROGF]]5 INDusTauL m Il >NTtr�' LA01 x•17r INVDIUIIr .w lr� N1 WrDE t# 17 _.y, �l lln O] w bTpppO' M m _aB A..9w �CB-ScsZY'RYE dIWIMIE' CB-Y.i]Y31'E� NOI'46'30'W(M) ' N®,YOB'E ]5171'.. P•O•B• 101.54'(M) t PAFFCEL 5 M OENCAPON fl�J6.D0•(4] = 1 `•qtY xN YAPltm N� O+' — ... _. 56CiY05T 1TteY�� ±: S0112'03•E(M) A.j6_jy Yj r Yj r BMW }r,y mu J99.01'(M) �+Sii4�5Q Mj p-1� PARCEL q= NERK9Y DEOICAI(D I1 S LOT 1 cB-sens'S9•w 1g Ali YCLAGE OF EB( pN71i XLNy& ROGERS INOUS,RIAl, s W FEEII N0115'30•W'(M) 8^l.1VJr3w IARE 1 = Y3 ypy L=x I P^_0R5 INOUSIW.L 204.16'(M) i '!]EL14YT..i IWr FMC fi]O0 P.O. C, DEDCATON LEGEND I UEY4[A OTNEORNBE NOTED 1 41 MCPETE MONUMENT ' WM OTNERN9E NOTED SER ut1GSs w L0/1tl1EW' ' +NRIM_ss o1MeTH.14 mrrB ABBREVIATIONS ODIP DIT9DE DIAMETER IRON PIPE 5 SOUTH . E EAST WE6T, ((R1 = W:COI10 BE OR OIFFTM- (NI = WA%WEO BENUNG OR BRFMCE (O[I CALCIYAT[0 Cf41kK GII olsTANCE LI\'E LEG�D (9 SI .EBCE L UVR� AE1BrG tw �'IyEP,TfO. p1MAB. ul[ TOEASEMENT OE = ORUNAGE EASEMENT — ABr4CUM1 Eyq ryAQL IWIC T uHE P U F.E BUC UTUTY EASEMENT �� P OS PANT OF BEOEO-NNwGNENi P u & .RMNAGE EMEUENT Y AND ---- EA9ENENi ONE �,� CENTEFLINE A urvE SECTION ONE } COMPASS DEDICATION TO VILLAGE OF ELK GROVE VILLA G E r°19.1.,.T..' d ELKGR01E VILLAGE �IY_*EJoM O S SURVEVINr L1,6 DAT..u�ELIER PHASE I _P/V F7 1,1 R TATA a'R11FR• ivy F.—,nM1_Fi_ .ctI CINOF.xuwbs pAwnY sR lm iu.[r-xarw cox W AFTER RECORDING RETURN TD LgAPAA SUaNE11NG LT0. SURE q00� W0006 PMKWAY AURgtA IL 80502 FINAL PLAT OF SUBDIVISION ELK GROVE VILLAGE DATA CENTER PHASE 1 PART OF THE NOiTHKEST QUARTER OF SECTION 36. GRAPHIC SCALE TOMSHIP 41 NORTH. RANGE 11. EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY. IWNOIS. —1 I GREENLEAF AVENUE ° I R6R6Taa+E 66oicn1L6 � .. �:� m•wr w tiraz sxrw p'ilpl�a'w'M°I�w'[nlMl[Yir6A SK[r=u Flr=¢wewf 99 Fovr ���— —�_� 4 ' �—'�- n cwsurrr rm a nu il6�w�a.�•s..v a'•"uzausox xo�la wi�..�M'ier nc.wU ' � I'yT ! g- CB- 9f9T6]lY 6x 1 ! 1 'L I i e doi i i i Is yly s� t LOT 3 'e'sii'Ac xaa3■■1 - t l I YK Ij !.1 •y� I ypIRp ,i kl I 1 ��• 8 1 ; 1$ I 1 i jig ♦A 1rI a ;1 I F L 'wp pit+. 1 I � I t L' [.9d0• wr� K=��= - 1 x �� i n -----------------' �_✓�.a,K a ..1 _` -- ! 3 1 - gal I ` �I tag i! I E LOT 2"�3 ! :n It I I 506.561 S.F , $ ! .69e A[ o1\III ;■/■+f� I� 90 I 1 I i� I i ' i 1dIE IT, I-= 1 I 1 I F I I I'+ i 1 1 I 1 I I1 1 1 ! 1 _ I I I �n• 1r• . Mrmr Mw= alai _ _ _ _ _ -T=}- — Yam• , ! I '� 11e � iux=r a •-- r lew>� azmw A nr.W tl.wa•{wuvl_ • r. �Iw , aa. , 1 eo�r w� AH �a Rall � IN>••1 NRllfr WA�F"� I � �31]1I i / T WI - j tll>6't e.F• ona• _ , cR=ry 4•]4fY • 61[ r• dlwrn • IF1A1w11 Four wiRl _ -:- r xGi �e s5a E `zr nsruFHr r! naw urwtts cAs •w aMy[ • _l _ _ �. _ ��+ .- � — -.• — T' _ _ 1 I --• — � — f 1 �•—u�— -- -- — — — ^ µ ��� uM NLK N'1 1w1N•+ a1pV>Mrr w �F.wleR I[v. «a171 I i I' �' R� w W� ml MR twu! r/wMN9 we xwwL ww eK Y auutu FWf=YK+nm , 1 �. ..e.ml ! 6LOT 1 I $ ! z 46x7 SF + \ LnT �giAy ++K Gv, aOrb.,1�YXV 6076 AC lw911RN I �_ RR � � r�iY Gd�YWI RI I ! a m RK�f � 1 Oge1RIXwOt 1 z • FASFupr rov weuc ununxs . 6nuxA¢ Pa o¢ x9 z9s ' � � 1 �r�rn xal me•x Ix6arer xYaYi{ , juar wn. fA0.[ IYYY awnp'] zrEN Fw4 TpE1®r it m.restib � xwxu e.� wrAl6 or9.9Rr _--se6zTas'w 969 m - - P PAR-CEL 1 1 I' 1 R>E��v"_L"A4•� i'fJ��+1tYL-'.6 - ��LI�y�OtALT�e••R FINAL PLAT OF SUBDIVISION ELK GROVE VILLAGE DATA CENTER PHASE 1 OWNER'S CERTIFICATE srAr[ or ass c nn -1 N NOTARY'S CERTIFICATE o%— v 1� EASEMENT PROVISIONS MULTI -USE PATH EASEMENT PROVISIONS ws 10 a-ua-IT 1-1 PART OF THE NORTHNEST QUARTER OF SECTION ]B, TOYMSHIP 41 NORTH, RANGE II. EAST OF THE THIRD PRINCIPAL MERIDIAN IN COON COUNTY, IWNGS. STORM SEWER EASEMENT r �T. , u uio ra v�'rAi s � iiva s wcna ov�wiuu ra ws smw Qxcx us°m°rirlr • x Mc Avr.z zo orsaxTrn a mE rvsr .xo uxwro DRAINAGE PROVISIONS o.1d v.__A•.r wx—l. Ps�,ax COMMON WEALTH EDISON SERVICE EASEMENT PROVISIONS =rw: rw twxnnl br.A.m .rw ` Tpq `ua�xxh twEx �i;z m ..xr• •,• aA.•N,r t. � � r rA• arD. WA= POk i.OAt 9TANP THIS PLAT HAS BEEN APPROVED SY THE ILLINOIS DEPARTNENI OF TRMWORTATW WTH RESPECT TO ROADWAY ACCESS PURSUANT OP CH 2 0' 'AN ACT TO R.. ME LAW IN REUTIW V PUTS" AS AMENDED A PLAN TIAT NEFIS NE REWIRWENM CONT 0 IN THE OFPARIMEN rS-M d I.)N•ts Tu AJ03SS DMVEWAYS M STATE NIW— BE REWIRED BY TT�ATYIRT� JOSS ROS P E NE JON ONF FNC NF2R Y.. aE ra/xtrt I wwra W=.rn in —ST. � VILLAGE HOARD Ks • E ruAx u1w SURVEYOR'S CERTIFCATE P. �(•.vsT�m r ersr vz oourar, ..s�uumlao orx me xwm ww o IZ xmsw°�u�lw .I emm. RNra Ii. c.sT rc mr i° ry wou w =1 •nr r.>I �x T.zy eT A W. xwMxxxr,ir ar � mixo r Ixs.s xrr.Nwm rD er III IrovaRwi�El"c.Tw. eom x,uxc . xr.Tm tare u¢xss cwa[sE9/io/zmw xa �e�mzm SURVEYOR'S AUTHORIZATION TO RECORD x.s era ncmIL TA—S r.irn xr uz ro .' 1 :o�ttca•T•���ttttttRuo'a[_i u ,ruEr_a m 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 , , 3ARJa N3R1VO ' rl r , , W' 3' „ 'I N , , J � r 'I� i 1' i' �1 I , odoa asanm-lm E O T E 2 RESOLUTION NO. A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A REAL ESTATE PURCHASE AND SALE AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND COMMONWEALTH EDISON COMPANY 300 EAST DEVON AVENUE 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: That the Mayor be and is hereby authorized to sign the attached documents marked: PURCHASE AND SALE AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND COMMONWEALTH EDISON COMPANY a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Mayor. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: NAYS: ABSENT: PASSED this day of January 2026 APPROVED this _ day of January 2026 APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Jennifer S. Mahon, Village Clerk