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Ordinance 2025-19202500004060 DEBBIE GILLETTE RECORDER - KENDALL COUNTY, IL RECORDED: 04/07/2025 09.51 AM RECORDING FEE 59.00 PAGES: 16 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2025-19 AN ORDINANCE APPROVING A GRANT OF NON-EXCLUSIVE WATERMAIN EASEMENT TO THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS FROM Cl YORKVILLE LLC Passed by the City Council of the United City of Yorkville, Kendall County, Illinois This 11"day of March, 2025 Prepared by and Return to: United City of Yorkville 651 Prairie Pointe Drive Yorkville, IL 60560 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois on March 13, 2025. Q Ordinance No. 2025-19 AN ORDINANCE APPROVING A GRANT OF NON-EXCLUSIVE WATERMAIN EASEMENT TO THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS FROM C1 YORKVILLE LLC WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "Grantee") is a duly organized and validly existing non -home rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, C1 Yorkville LLC, a Delaware limited liability company (the "Grantor") is the owner of 229 acres located at the northeast corner of Eldaxnain Road and Faxon Road (the "Development Sate") which the Developer intends to develop as a data center; and WHEREAS, the Development Site is not currently served with water service as required for its development and as a result of the need for water service, on July 9, 2024, the Grantor and Grantee entered into a certain Easement Acquisition Memorandum of Understanding (the "MOU") which contemplates the conveyance of the necessary easements by the Grantor to the Grantee to construct, install, maintain, repair and replace water main facilities as may be required to provide water service to the Development Site (the "Project"); and WHEREAS, in accordance with the MOU, the Grantor and Grantee are prepared to enter into the Grant of Non -Exclusive Watermain Easement in the form attached hereto in order to proceed with the Project as hereinafter provided. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. All of the Preambles hereinabove set forth are incorporated herein as if restated. Ordinance No. 2025-19 Page 2 Section 2. The Grant of Non -Exclusive Watermain Easement in the form attached hereto and made a part hereof, by and between the United City of Yorkville, Kendall County, Illinois and C1 Yorkville, LLC, a Delaware limited liability company is hereby approved. Section 3. The Mayor and City Clerk are hereby authorized to execute said Agreement and the City Administrator, the City Engineer and the City Attorney are hereby authorized to take any action required to implement all of its terms. Section 4. This Ordinance shall be in full force and effect after its passage, publication, and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this I I" day of March, A.D. 2025. k1i Z La ITY CLERK KEN KOCH AYE DAN TRANSIER AYE ARDEN JOE PLOCHER AYE CRAIG SOLING AYE CHRIS FUNKHOUSER AYE MATT MAREK AYE SEAVER TARULIS ABSENT RUSTY CORNEILS AYE APPROVED by me, as Mayor of the United City of Yorkville, this 3day of ( ��� , A.D. 2025. test: CLERK MAYOR County, Illinois Ordinance No. 2025-19 Page 3 This instrument was prepared by: Megan Lamb Ottosen DiNolfo Hasenbalg & Castaldo, Ltd. 1804 N. Naper Blvd., Suite 350 Naperville, Illinois 60563 After recording, return to: United City of Yorkville 651 Prairie Pointe Yorkville, Illinois 60560 Owner C1 Yorkville LLC Address Eldamain Road and Faxon Road Yorkville, Illinois 60560 County Kendall P.I.N. Nos. 02-18-300-001 02-18-300-002 02-18-300-004 02-18-400-004 02-18-400-004 02-19-100-004 02-19-100-005 GRANT OF NON-EXCLUSIVE WATERMAIN EASEMENT This Grant of Non -Exclusive Watermain Easement ("Easement") is made this ll-rday of MCA CCt,) , 2025 ("Effective Date"), by C1 Yorkville, LLC, a Delaware limited liability company ("Grantor"), to the United City of Yorkville, Kendall County, Illinois, its successor and assignees ("Grantee"). Grantor and Grantee may be referred to herein individually as a "Party" and collectively as the "Parties". RECITALS: A. Grantor is the owner of certain real property located in Yorkville, Illinois, designated as Parcel 1, Parcel 2, Parcel 3, and Parcel 4 and as more particularly described on Exhibit A attached hereto ("Grantor's Property"). B. Grantor's Property is not currently served with water service as required for its development of Grantor's Property and, as such, Grantor and Grantee entered into that certain Easement Acquisition Memorandum of Understanding dated July 9, 2024, which contemplates the execution of this Easement in connection with the construction, installation, maintenance, repair and replacement of the water main improvements and facilities (collective, the "Watermain"). C. The Easement granted herein shall provide for temporary construction rights for the installation of the Watermain, which, together with the Easement, shall be subject to other utility lines and facilities, access roadways and a Commonwealth Edison Company easement as further described herein. NOW THEREFORE, in consideration of the foregoing, and of the mutual covenants contained herein, and intended to be legally bound hereby, Grantor and Grantee agree as follows: 1. Incorporation of Recitals; Definitions. The Recitals set forth above are hereby incorporated herein by reference. 2. Grant of Easement. Grantor represents that Grantor owns the fee simple title to the Grantor's Property and hereby grants and conveys, a permanent, non-exclusive easement for the purpose of construction, maintenance, repair and replacement of a water main and appurtenances thereto ("Watermain Improvements"), on, over, and through the twenty feet (20') of real estate legally described on Exhibit B and depicted on Exhibit C, both of which are attached hereto and incorporated herein by this reference ("Easement Area"). Along with the right of non-exclusive use of the Easement Area, Grantee shall also have the limited right of access from the public right-of-way (Beecher Road, Faxon Road, Eldamain Road) for such construction, maintenance, repair and replacement of the Watermain Improvements located within Easement Area ("Watermain Access") as provided in Section 4 below. Grantee covenants and agrees to complete the Watermain Improvements as expeditiously as possible and in such a manner as to minimize interference with the use of Grantor's Property, including any construction activities, as well as the operation of the Grantor's facilities and improvements located upon Grantor's Property. 3. Present and Future Easement Area Encroachments. Grantor, its successors and assigns shall have and retain all rights to use and occupy the Easement Area and access to Grantor's Property over such Easement Area, except as herein expressly granted to the Grantee; provided, however, that Grantor's use and occupation of the Easement Area may not interfere with Grantee's use of the Easement Area for the purposes herein described. Grantor reserves, for itself, its successors, contractors, invitees and assigns, a right-of-way, over, under, along, and across the Easement Area located on Grantor's Property for purposes of: (a) construction, reconstruction, installation, use, operation, maintenance, repair, replacement, enlargement and removal of cable and fiber lines, conduits, manholes, markers and other utility facilities and appurtenances existing as of the Effective Date and as may be installed by Grantor in the thereto serving or planned to serve Grantor's Property (the "utility Lines and Facilities"), including necessary changes to grade and elevations of the Easement Area to satisfy any facility requirements and access, ingress and egress to same, (b) construction, reconstruction, installation, use, operation, maintenance, repair, replacement, enlargement and removal of an access road, expansion of the roadway commonly known as "Beecher Road" and any appurtenances thereto (the "Access Road Expansion") and access, ingress and egress to same, (c) construction, reconstruction, installation, use, operation, maintenance, repair, replacement and enlargement of that certain Grant of Easement dated October 30, 2003 and recorded on April 27, 2005, as document 200500011800 of the Public Records of Kendall County, Illinois, as may be further amended, encumbering certain portions of Grantor's Property for the benefit of Commonwealth Edison Company for utility purposes (°ComEd Easement"), and (d) construction, reconstruction, installation, use, operation, maintenance, repair, replacement, enlargement and removal of certain access driveways and roadways providing vehicular ingress and egress to and from Faxon Road and Eldamain Road (collectively the "Access Roads"). 2 4. Temporary Construction Easement. Grantor hereby grants to Grantee and its successors, assignees, invitees and contractors the temporary right and easement (the "TCE") across, over and upon the thirty foot (30') area along the northern and eastern boundaries of the Easement and Easement Area located on Grantor's Property as legally described on Exhibit D and depicted on Exhibit E, both of which are attached hereto and incorporated herein by this reference (the "TCE Area"), for the purpose of constructing and installing the Watermain. In connection with the TCE, Grantee shall have the temporary right of ingress and egress of persons, vehicles and equipment to accomplish the construction and installation of the Watermain and the right to trim, cut and remove trees, shrubbery, or other natural obstructions in or near the TCE Area. Grantee shall be responsible, at its sole cost and expense, for any restorative grading and reseeding of those portions of the TCE Area disturbed by the use of the TCE, including Grantor's fencing located adjacent to the TCE Area. Notwithstanding the foregoing, no above ground improvements shall be installed except as incidental to the installation of the underground Watermain without the prior written approval of the Grantor. The right to use the TCE and TCE Area granted herein shall terminate and automatically expire the earlier of: (i) three (3) years from the Effective Date hereof; or (ii) the completion of the Watermain Improvements unless otherwise agreed in writing by Grantor and Grantee. 5. Consideration. Grantor, without limiting the interest above granted and conveyed, acknowledges that upon payment of the agreed consideration, all claims arising out of the above acquisition have been settled, including without limitation, any diminution in value to any remaining property of the Grantor caused by the opening, improving and using the Easement Area and use of the TCE Area for the Watermain Improvements. This acknowledgement does not waive any claim for trespass or negligence against the Grantee or Grantee's agents which may cause damage to Grantor's Property. 5. Performance of the Work. Upon commencing any work for the Watermain Improvements within the Easement Area and TCE Area, Grantee, in performing such work, shall complete the same as expeditiously as is reasonably practicable and with as minimal the amount of interference with the Grantor Property as is reasonably practicable considering the nature of any such work. The use of the Easement, Easement Area, TCE and TCE Area granted herein shall not interfere with Grantor's construction, installation and use of the Utility Lines and Facilities, Access Road Expansion, ComEd Easement and Access Roads. Grantor and Grantee shall coordinate any such work involving the Watermain Improvements so as to provide minimal disturbance and interruption to Grantor's development work on Grantor's Property. The soil/fill shall be of the same, or better grade or quality of the soil currently in place in the Easement Area; with compaction at industry standards. All costs of any work shall be paid by Grantee. Grantee shall give Grantor at least ten (10) days' prior written notice of Grantee's commencement of any work in the Easement Area and TCE Area. Furthermore, prior to the commencement of any work within the Easement Area and TCE Area, Grantee shall provide to Grantor copies of all permits and approvals related to the installation of the Watermain Improvements in the Easement Area. 7. Repair of Damage to Grantor's Property and Removal of Liens. Grantee, at Grantee's sole cost and expense, shall repair all damage to the Grantor Property arising in connection with Grantee's exercise of the easement rights contained herein to the same or better condition than existed on the Effective Date hereof. Grantee shall not permit or suffer any liens to be placed upon any portion of Grantor's Property as a result of any use of the easements granted by this Easement or work performed by or on the behalf of Grantee pursuant hereto. If any claim 3 of lien shall be filed against any portion of Grantor's Property covered by this Easement by reason of any activities of or by Grantee, then Grantee shall promptly cause said claim to be cancelled and discharged of record within thirty (30) days after receipt of written notice that said claim has been filed. S. Insurance. During the pendency of any work on Grantor's Property in connection with the Watermain Improvements, Grantee (its assignee or designee) shall maintain a commercial general liability insurance policy with an insurance company licensed to do business in the State of Illinois with a minimum coverage amount of not less than $2,000,000.00 combined single limit from the date that construction of the Watermain Improvements commences through the date that the Water Main Improvements are completed. Grantor and its mortgagee (if such mortgagee's name is provided to Grantee) shall be named as additional insureds under the policy. Grantee shall provide a Certificate of Insurance evidencing the required coverage to the additional insureds prior to commencing the commencing any work on Grantor's Property. 9. Indemnification. Grantee does hereby agree to indemnify, save and hold harmless Grantor and Grantor's lender, if any, against and from any and all claims, demands, damages, liability, loss, cost and expenses (including court costs and reasonable attorney's fees and other professional expenses) arising out of or in connection with the activities of Grantee, its employees, agents, contractors or representatives on Grantor's Property in connection with this Easement, except to the extent arising or resulting from the gross negligence or willful misconduct of Grantor. 10. Continuing Rights and Obligations. The terms "Grantor" and "Grantee" as used herein shall be deemed to mean their respective successors and assigns, and this Easement shall inure to the benefit of and be binding upon Grantor, Grantee and their respective successors and assigns, it being expressly agreed that the rights granted under this Easement shall constitute covenants running with title to the Grantor's Property. 11. Jurisdiction. This Easement shall be interpreted and construed in accordance with the laws of the State of Illinois. 12. Notices. Any notice, request, demand, waiver, consent, approval or other communication that is required or permitted under the terms of this Easement (a "Notice") shall be in writing and shall be delivered by personal delivery, via overnight carrier or e-mail transmission or via registered or certified mail, return receipt requested, first class postage prepaid. If Notice is delivered by personal delivery or via overnight carrier, Notice shall be deemed given on the date that actual delivery is made. If Notice is delivered via e-mail transmission, Notice shall be deemed given on the date that the Notice is transmitted and written confirmation of such transmission is obtained. If Notice is delivered via mail, Notice shall be deemed given on the earlier of (a) the actual day of delivery or (b) the third day after the date of mailing. All Notices shall be addressed to the intended recipient as set forth below: To Grantee: United City of Yorkville 651 Prairie Pointe Yorkville, Illinois 60560 Attention: City Engineer With a Copy to: Megan Lamb 2 Ottosen DiNolfo Hasenbalg & Castaldo, Ltd. 1804 N. Naper Blvd., Suite 350 Naperville, Illinois 60563 To Grantor: C1 Yorkville LLC 2850 N. Harwood Street Suite 2200 Dallas, Texas 75201 Attention: Nicholas Papadimitriou Email: npapadimitriou@cyrusone.com With a copy to: Russell G. Whitaker, III 445 Jackson Avenue, Suite 200 Naperville, Illinois 60540 Telephone 630-355-4600 Fax 630-352-3610 Email: russgrw-attorneys.com 13. Binding Effect Governing Law. This Easement shall be binding on and inure to the benefit of the Parties hereto and their respective successors and assigns and (ii) shall be governed by the laws of the State of Illinois. 14. Counterparts. This Easement may be executed in two or more counterparts, all of which counterparts shall have the same force and effect as if the Parties hereto had executed a single copy of this Easement; further the signatures of the Parties on this Easement may be executed and notarized on separate pages, and when attached to this Easement shall constitute one complete document. 15. Entire Agreement. The Easement is the entire agreement between the Parties regarding the matters described herein and there are no other terms, conditions, representations or warranties, oral or otherwise with respect thereto, of any kind whatsoever. [Remainder of page intentionally remains blank. Signatures follow on next pages.] 5 Dated this 25 day of Mac�:h, 2025. GRANTOR: C1 YORKVILLE LLC, a limited liability company By: Name: Title: r Ie..kaS State of 144ieis•- County of Ss CHERYL GIBSON My Notary ID # 1147654 Expires January 4, 2027 t bs�n , a Notary Public in and for the County and State aforesaid, do hereby certify that O\ , personally known to me to be the same person(s) whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed, sealed and delivered the said instrument as his free and voluntary act for the uses and purposes therein set forth. Given under my hand and official seal, this day of 2025. �l Notary Public 1.9 GRANTEE: United City of rkville, Kendall County, Illinois, a muni i al o poration By: Mayor Attest: Ci Clerk State of Illinois ) ) ss County of Kendall ) I, Inrf-e- I hi a Notary Public in and for the County and State aforesaid, do hereby certify that ;-Dhn PI,g-Cxil , personally known to me to be the same person(s) whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed, sealed and delivered the said instrument as his free and voluntary act for the uses and purposes therein set forth. Given under my hand and official seal, this � day of M a IF All 2025. 4o4taPublic OFFICIAL SEAL JORI MARIE BEHLAND NOTARY PUBLIC, STATE OF ILLINOIS My Commission Expires 10/16/2028 III EXHIBIT A Legal Description of Grantor's Property PARCEL ONE: THAT PART OF THE SOUTH 1/2 OF SECTION 18 AND THE NORTHWEST 1/4 OF SECTION 19, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST 114 OF SAID SECTION 19; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 1030.91 FEET; THENCE NORTH 89 DEGREES 57 MINUTES 33 SOUTH EAST, 3352.25 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD, 844.76 FEET; THENCE SOUTH 74 DEGREES 23 MINUTES 26 SECONDS WEST ALONG SAID NORTH RIGHT-OF-WAY LINE TO A POINT ON THE NORTH AND SOUTH QUARTER LINE OF SAID SECTION 18, 23191 FEET; THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE, 852.71 FEET; THENCE NORTH 73 DEGREES 28 MINUTES 36 SECONDS WEST, 514.80 FEET TO THE SOUTH LINE OF SAID SOUTHWEST 1/4; THENCE SOUTH 88 DEGREES 38 MINUTES 24 SECONDS WEST, ALONG SAID SOUTH LINE OF SAID SOUTHWEST 1/4 1816.32 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS PARCEL TWO: THAT PART OF THE SOUTH 1/2 OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 191T41 FEET, TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 57 MINUTES 33 SECONDS EAST TO A POINT ON THE NORTH AND SOUTH QUARTER LINE OF SAID SECTION, 3126.88 FEET; THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE, 223.50 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, 886.50 FEET; THENCE SOUTH 89 DEGREES 57 MINUTES 33 SECONDS WEST, TO A POINT ON SAID WEST LINE, 3352.25 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG SAID WEST LINE, 886.50 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS PARCEL THREE: THAT PART OF THE WEST 1/2 OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST 114OF SAID SECTION 18; THENCE SOUTH 00 DEGREES 00 MINUTES 54 SECONDS EAST ALONG THE WEST LINE OF SAID NORTHWEST 1/4, 1929.92 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 01 MINUTES 27 SECONDS EAST, 565.21 FEET; THENCE SOUTH 59 DEGREES, 16 MINUTES 25 SECONDS EAST 913.73 FEET; THENCE SOUTH 00 DEGREES 04 MINUTES 45 SECONDS EAST, 191.76 FEET; THENCE SOUTH 23 DEGREES 01 MINUTES 57 SECONDS EAST, 820.55 FEET; THENCE SOUTH 89 DEGREES 57 MINUTES 33 SECONDS WEST, TO A POINT ON THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION, SAID POINT BEING 1917.4I FEET NORTHERLY OF THE SOUTHWEST CORNER OF SAID SECTION AS MEASURED ALONG THE WEST LINE OF SAID SECTION, 1671.52 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG SAID WEST LINE TO THE WEST QUARTER CORNER OF SAID SECTION, 722.59 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG THE WEST LINE OF 0 THE NORTHWEST 114 OF SAID SECTION, 702.00 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS PARCEL FOUR: THAT PART OF THE SOUTHEAST 114 OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 18; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, ALONG THE NORTH AND SOUTH QUARTER LINE, 3437.83 FEET; THENCE NORTH 89 DEGREES 57 MINUTES 33 SECONDS EAST, 223.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE TO A POINT ON THE EAST LINE OF THE WEST 112 OF THE EAST 1/2 OF SAID SECTION, 1102.80 FEET; THENCE SOUTH 00 DEGREES 16,MINUTES 12 SECONDS EAST, ALONG SAID EAST LINE TO A POINT ON THE NORTH RIGHT OF WAY LINE OF THE CHICAGO BURLINGTON AND QUINCY RAILROAD, 1423.23 FEET; THENCE SOUTH 74 DEGREES 23 MD UTES26 SECONDS WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE TO A POINT 231.91 FEET NORTHEASTERLY OF SAID QUARTER LINE AS MEASURED ALONG SAID NORTH RIGHT- OF-WAY LINE, 1147.75 FEET; THENCE NORTH 00 DEGREES 08 MINUTES 07 SECONDS WEST, PARALLEL WITH SAID QUARTER LINE, 1731,26 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS EXHIBIT B Legal Description of the Easement Area THAT PART OF SECTION 18, AND THE NORTH HALF OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 18; THENCE SOUTH 00 DEGREES 56 MINUTES 10 SECONDS EAST, ALONG THE WEST LINE OF SAID SECTION 18, 1929.88 FEET TO THE NORTH LINE OF PARCEL 5 DESCRIBED IN DOCUMENT 202300006449 RECORDED IN THE KENDALL COUNTY RECORDERS OFFICE; THENCE SOUTH 89 DEGREES 56 MINUTES 03 SECONDS EAST, ALONG SAID NORTH LINE, 75.01 FEET TO THE EAST LINE OF ELDAMAIN ROAD PER DOCUMENT 200500025830 RECORDED IN THE KENDALL COUNTY RECORDERS OFFICE FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 DEGREES 56 MINUTES 03 SECONDS EAST, ALONG SAID NORTH LINE, 20.00 FEET; THENCE SOUTH 00 DEGREES 56 MINUTES 10 SECONDS EAST, 735.37 FEET; THENCE SOUTH 00 DEGREES 55 MINUTES 39 SECONDS EAST, 2550.23 FEET; THENCE NORTH 87 DEGREES 38 MINUTES 15 SECONDS EAST, 1726.95 FEET; THENCE SOUTH 74 DEGREES 43 MINUTES 16 SECONDS EAST, 587.03 FEET; THENCE NORTH 73 DEGREES 22 MINUTES 17 SECONDS EAST, 2092.17 FEET TO THE WEST LINE OF BEECHER ROAD PER DOCUMENT 200500025830 RECORDED IN THE KENDALL COUNTY RECORDERS OFFICE; THENCE SOUTH 01 DEGREES 10 MINUTES 53 SECONDS EAST, ALONG SAID WEST LINE, 20.75 FEET TO THE NORTH LINE OF THE BURLINGTON NORTHERN SANTE FE RAILROAD RIGHT OF WAY; THENCE SOUTH 73 DEGREES 22 MINUTES 17 SECONDS WEST, ALONG SAID NORTH LINE, 2092.36 FEET TO THE NORTH LINE OF FAXON ROAD PER DOCUMENT 200500025830 RECORDED IN THE KENDALL COUNTY RECORDERS OFFICE; THENCE NORTH 74 DEGREES 43 MINUTES 16 SECONDS WEST, ALONG SAID NORTH LINE, 589.64 FEET; THENCE SOUTH 87 DEGREES 38 MINUTES 15 SECONDS WEST, ALONG SAID NORTH LINE, 1744.35 FEET TO THE EAST LINE OF SAID ELDAMAIN ROAD; THENCE NORTH 00 DEGREES 55 MINUTES 39 SECONDS WEST, ALONG SAID EAST LINE 2570.74 FEET; THENCE NORTH 00 DEGREES 56 MINUTES 10 SECONDS WEST, ALONG SAID EAST LINE, 735.72 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS. 10 EXHIBIT C Depiction of the Easement Area 11 EXHIBIT D Legal Description of the TCE Area THAT PART OF SECTION 18, AND THE NORTH HALF OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 18; THENCE SOUTH 00 DEGREES 56 MINUTES 10 SECONDS EAST, ALONG THE WEST LINE OF SAID SECTION 18, 1929.88 FEET TO THE NORTH LINE OF PARCEL 5 DESCRIBED IN DOCUMENT 202300006449 RECORDED IN THE KENDALL COUNTY RECORDERS OFFICE; THENCE SOUTH 89 DEGREES 56 MINUTES 03 SECONDS EAST, ALONG SAID NORTH LINE, 95.01 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 DEGREES 56 MINUTES 03 SECONDS EAST, ALONG SAID NORTH LINE, 30.00 FEET; THENCE SOUTH 00 DEGREES 56 MINUTES 10 SECONDS EAST, 734.85 FEET THENCE SOUTH 00 DEGREES 55 MINUTES 39 SECONDS EAST, 2519.47 FEET; THENCE NORTH 87 DEGREES 38 MINUTES 15 SECONDS EAST, 1700.84 FEET; THENCE SOUTH 74 DEGREES 43 MINUTES 16 SECONDS EAST, 583.11 FEET; THENCE NORTH 73 DEGREES 22 MINUTES 17 SECONDS EAST, 2091.89 FEET TO THE WEST LINE OF BEECHER ROAD PER DOCUMENT 200500025830 RECORDED IN THE KENDALL COUNTY RECORDERS OFFICE; THENCE SOUTH 01 DEGREES 10 MINUTES 53 SECONDS EAST, ALONG SAID WEST LINE, 31.12 FEET; THENCE SOUTH 73 DEGREES 22 MINUTES 17 SECONDS WEST, 2092.17 FEET; THENCE NORTH 74 DEGREES 43 MINUTES 16 SECONDS WEST, 587.03 FEET; THENCE SOUTH 87 DEGREES 38 MINUTES 15 SECONDS WEST, 1726.95 FEET; THENCE NORTH 00 DEGREES 55 MINUTES 39 SECONDS WEST, 2550.23 FEET; THENCE NORTH 00 DEGREES 56 MINUTES 10 SECONDS WEST, 735.37plot FEET TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS. 11K EXHIBIT E Depiction of the TCE Area F ll g- l .g # � �$ �� m : n Ir } re _—_—L_..l -- -- tl _ ,—,Fri — _1 _ fF ld_ , lfl 2933.9b• � NC•^_6.1 p•yp = . f� IS ig �yf �yl N yg yy 1 // 41 P9 it I tT u } r r I G' rr �'= Derr rrr 1 �k f 511 \ 5 � 4� r, x W u` a 51L c i 13 ml-