AN ORDINANCE EXTENDING TIME FOR RECORDATION OF ORDINANCE NO. 3805 AND CORRESPONDING PLAT OF SUBDIVISION OF RIVERBEND SUBDIVISION AND RESTRICTIVE COVENANT
WHEREAS, the Village of Elk Grove Village is a home rule unit of local government pursuant to the provisions of Article VII, Section 6 of the Illinois Constitution and the Village has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs and that protect the public health, safety, and welfare of its citizens; and
WHEREAS, on April 11, 2023, the Village Board of Trustees approved Ordinance No. 3805, which approved the Final Plat of Subdivision (“
Final Plat
”) of the Riverbend Subdivision (“
Subdivision
”) and the vacation of a 52,830 square-foot portion of the Howard Street public right-of-way that is located entirely within the corporate limits of the Village (“
Vacation Parcel
”); and
WHEREAS, Burnham Fortune, LLC (“Owner”) is the owner of the Subdivision and the real property located on all adjacent sides of the Vacation Parcel; and
WHEREAS, the Owner has the right to develop the property depicted on the Final Plat, including the Vacation Parcel, (“collective the “
Property
”) with a modern, single-story industrial building as generally depicted on the Site Plan reviewed by the Village Board of Trustees as part of the Class 6B Property Tax approval granted by the Village Board of Trustees on June 21, 2022; and
WHEREAS, Sections 8 and 9 of Ordinance No. 3805 (i) allow for a reduction in the amount to be paid to the Village as compensation for the Vacation Parcel if the Property is to be developed and used as a data center and (ii) grant the Owner one year from the Village’s adoption of Ordinance No. 3805 to identify a data center to occupy the Property before Ordinance No. 3805 is recorded; and
WHEREAS, the Owner is currently under contract to sell the Property to a developer who will develop the Property with a data center; and
WHEREAS, the Owner requests that the Village extend the deadline for the recordation of Ordinance No. 3805 to October 31, 2024 (“Extension”); and
WHEREAS, the Village Board of Trustees has determined that it would be in the best interests of the public to approve the Owner’s request for Extension;
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE BOARD OF ELK GROVE VILLAGE, COOK AND DUPAGE COUNTIES, ILLINOIS, as follows:
Section 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Ordinance as findings of the Village Board.
Section 2: EXTENSION OF TIME FOR RECORDATION. The Village Manager is hereby authorized and directed to cause a certified copy of Ordinance No. 3805, together with the Plat of Subdivision and the Restrictive Covenant, to be recorded with the Cook County Recorder of Deeds upon compliance with all the conditions and requirements of this Ordinance and Ordinance No. 3805; provided that in no event shall such recordation occur until the date that is the earlier to occur of (i) the Village Manager’s receipt of a written authorization to record from Owner or (ii) October 31, 2024.
Section 3: EFFECTIVE DATE. This Ordinance shall be in full force and effect only upon, and not before:
A.
Passage and approval by three-fourths of the Trustees now holding office; and
B. Publication in pamphlet form in the manner required by law.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this 13
th
day of February 2024
APPROVED this 13
th
day of February 2024
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
Village of Elk Grove Village
ATTEST:
Loretta M. Murphy, Village Clerk
PUBLISHED this 15
th
day of February 2024 in pamphlet form.