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Ordinance 2025-24202500004062 DEBBIE GILLETTE RECORDER - KENDALL COUNTY, IL RECORDED: 04/07/2025 09.51 AM RECORDING FEE 57.00 PAGES: 12 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2025-24 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS, AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR CERTAIN TERRITORY GENERALLY LOCATED SOUTH OF FAXON ROAD AND WEST OF IROQUOIS LANE (Hamman-Kelaka Property) 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. Ordinance No. 2025-24 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS, AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR CERTAIN TERRITORY GENERALLY LOCATED SOUTH OF FAXON ROAD AND WEST OF IROQUOIS LANE (Hamman-Kelaka Property) WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home -rule municipality created in accordance with the Constitution of the State of Illinois of 1470 and the laws of the State; and WHEREAS, Kelaka LLC (the "Owner"), desires to enter into an Annexation Agreement (the "Agreement"), regarding property owned by the Owner which is approximately 62.54 acres, legally described and identified in the Agreement, attached hereto as Exhibit A (the "Subject Property"); and WHEREAS, the Subject Property is contiguous with the existing corporate limits of the City and is not within the boundary of any other city; and WHEREAS, a public hearing was conducted by the Mayor and City Council (the "Corporate Authorities") on the Agreement on February 11, 2025, and all notices required by law have been given by the City and Owner; and WHEREAS, the statutory procedures provided in Section 11-15.1-1 of the Illinois Municipal Code for the execution of the annexation agreement have been fully complied with; and WHEREAS, the Corporate Authorities have concluded that the approval and execution of the proposed Agreement, attached hereto, is in the best interests of the health, safety, and welfare of the City. Ordinance No. 2025-24 Page 2 NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The above recitals are incorporated and made a part of this Ordinance. Section 2. The Annexation Agreement attached hereto and made a part hereof by reference as Exhibit A, be and is hereby approved and the Mayor and City Clerk are hereby authorized and directed to execute and deliver said Agreement. Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 1 I' day of March, A.D. 2025. KEN KOCH AYE ARDEN JOE PLOCHER AYE CHRIS FUNKHOUSER AYE SEAVER TARULIS ABSENT kauc C Y CLERK DAN TRANSIER AYE CRAIG SOLING AYE MATT MAREK AYE RUSTY CORNEILS AYE APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois t, this I '�J'day of M Y X , A.D. 2025. Ordinance No. 2025-24 Page 3 Attest: CI Y LERK Ordinance No. 2025-24 Page 4 STATE OF ILLINOIS ) ) ss. COUNTY OF KENDALL } ANNEXATION AGREEMENT This Annexation Agreement (hereinafter ("Agreement'), is made and entered into this LWI day of pffi T-/n 2025, by and between the United City of Yorkville, a municipal corporation, hereinafter referred to as "City" and Kelaka LLC, an Illinois limited liability company, hereinafter referred to as "Owner". WITNESSETH: WHEREAS, the Owner owns fee simple interest to the real property, which is legally described in Exhibit A attached hereto, consisting of two parcels totaling approximately 62.54 acres, more or less (the "Subject Property'); and WHEREAS, it is the desire of the Owner to provide for the annexation of the Subject Property and to use the Subject Property in accordance with the terms of this Agreement and the ordinances of the City; and, to provide that when annexed, the Subject Property is to be zoned as M-2 General Manufacturing District; and WHEREAS, it is the desire of the Mayor and City Council (the "Corporate Authorities') to annex the Subject Property and permit the zoning, all being pursuant to the terms and conditions of this Agreement and the ordinances of the City; and WHEREAS, Owner and City have or will perform and execute all acts required by law to effectuate such annexation; and WHEREAS, all notices and publications as required by law relating to the zoning of the Subject Property and the Agreement have been published and given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Municipal Code (the "Municipal Code'); and WHEREAS, the Corporate Authorities of the City have duly fixed the time for a public hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as required by the provisions of the Municipal Code; and WHEREAS, the Planning and Zoning Commission of the City has duly held all public hearings relating to zoning, all as required by the provisions of the City's Zoning Code and the Municipal Code (the "Municipal Code'); and WHEREAS, the Owner and City agree that upon Annexation to the City of the Subject Property shall be placed in the M-2 General Manufacturing District; and WHEREAS, in accordance with the powers granted to the City by the provisions of Section 11-15.1-1 et seq. of the Municipal Code (65 ILCS 5/11-15.1-1 et seq.), relating to Annexation Agreements, the parties hereto wish to enter into a binding Agreement with respect to the future annexation, and zoning of the Subject Property and to provide for various other matters related directly or indirectly to the annexation and use of the Subject Property during the term of this Agreement as authorized by the provisions of said statutes. NOW THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois, the City and the Owner agree as follows: Section 1. Annexation. The Owner has filed with the Clerk of the City a duly and properly executed petition pursuant to, and in accordance with, the provisions of Section 5/7-1-1 et seq. of the Municipal Code to annex the Subject Property and any adjacent roadways not previously annexed to the City of Yorkville. Section .2. Conditions of Annexation. A. The City hereby agrees, contemporaneously with annexation, the City shall undertake procedures as required by the City's Unified Development Ordinance to rezone the Subject Property as M-2 General Manufacturing District. B. Once rezoned as M-2 General Manufacturing District, should a Data Center not be developed on the Subject Property, only the following uses shall be permitted: Automobile sales and services (enclosed); Bakery (wholesale); Brewery/winery/distillery; Building material sales; Microdistillery; Microbrewery/Microwinery; Nursery/greenhouse; Research laboratories; Recreational vehicle sales and services; Storage, single -building climate controlled; Refrigerated Warehouse (Cold Storage); Agricultural; Retail store, general — less than one (1) acre; Retail store, general — greater than one (1) acre; Medical clinic/office; Treatment center; Data center. C. Until such time as the Subject Property is developed as a Data Center or one of the permitted uses under Section 2(B) of this Agreement, the Owner may continue to grow and harvest crops on the Subject Property, as permitted in an Agricultural District. D. Should the Subject Property not be developed as one of the permitted uses under Section 2(B) within 20 years of the effective date of this Agreement, the zoning designation for the Subject Property shall revert to R-1 Single Family Suburban Residence District. 2 E. Owner shall be required to submit any and all plans for review and approval by the City Council prior to commencing any construction, grading or other work on the Subject Property. No building or other permits shall be issued by the City regarding the Subject Property, nor shall any construction commence on the Subject Property without first obtaining approval from City Council under this Section 2(E). F. No buildings shall be erected on the property identified by Parcel Index Number 02-19- 200-008. Surface parking, roads and stormwater management facilities shall be permitted on this parcel. G. No buildings shall be erected closer than 400 feet to nearest existing residential structure. H. A one hundred (100) foot landscaped buffer with an eight (8) foot tall berm shall be installed between the proposed data center and the Kylyn's Ridge subdivision immediately adjacent and to the east of the Subject Property, and the homes located on Blackberry Shore Lane immediately adjacent and to the south of the Subject Property. This buffer shall include elements such as vegetation, solid fencing, green walls, stormwater management area, living groundcover, and turf to ensure effective visual screening and physical separation between land uses. I. Any buildings located within 1,500 feet of a residential subdivision shall be no more than seventy (70) feet tall, including all rooftop equipment. d. Any distance restrictions on development at the Subject Property that provide a benefit for the Kylyn's Ridge subdivision, including landscaped buffers, shall also be applied for the benefit of the homes along Blackberry Shore Lane immediately adjacent and to the south of the Subject Property. Section 3. Binding Effect and Term. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns including, but not limited to, successor owners of record, successor developers, lessees, and successor lessees, and upon any successor municipal authority of the City and the successor municipalities for a period of twenty (20) years from the later of the date of execution hereof and the date of adoption of the ordinances pursuant hereto. Section 4. Notices and Remedies. Upon a breach of this Agreement, the parties hereto agree that the venue shall be the Circuit Court of Kendall County. It is further understood by the parties hereto that upon breach of this Agreement the non -defaulting party may exercise any remedy available at law or equity. Before any failure of any part of this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify, in writing, by certified mail/return receipt requested, the party alleged to have failed to perform, state the obligation allegedly not performed and the performance demanded. 3 Notice shall be provided at the following addresses: To the City: United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Attn: City Administrator With a copy to: Kathleen Field Orr Ottosen DiNolfo Hasenbalg & Castaldo, Ltd. 1804 North Naper Boulevard Suite 350 Naperville, Illinois 60563 To the Owner: David Hamman Kelaka, LLC 13665 Townhouse Road Newark, Illinois 60541 Section 5. Agreement to Prevail over Ordinances. In the event of any conflict between this Agreement and any ordinances of the City in force at the time of execution of this Agreement or enacted during the pendency of this Agreement, the provisions of this Agreement shall prevail to the of any such conflict or inconsistency. Section S. Provisions. If any provision of this Agreement or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised here from and the invalidity thereof shall not affect the application or validity of any other terms, conditions, and provisions of this Agreement and, to that end, any terms, conditions, and provisions of this Agreement are declared to be severable. IN WITNESS WHEREOF, the parties hereto have caused this Fourth Amendment to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of r ille, an Illinois municipal co r on By: Mayor 4 Attest: 4CiClerk KELAKA LLC EXHIBIT A LEGAL DESCRIPTION PART OF SECTION 19, AND ALSO A PART OF THE NORTHWEST 1/4 OF SECTION 20, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 19; THENCE SOUTH 0 DEGREES, 39 MINUTES, 04 SECONDS EAST ALONG THE EAST LINE OF SAID SECTION 19, A DISTANCE OF 147.18 FEET; THENCE SOUTH 82 DEGREES, 38 MINUTES, 28 SECONDS EAST, 1885.72 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 82 DEGREES, 38 MINUTES, 28 SECONDS WEST, 1885.72 FEET TO THE EAST LINE OF SAID SECTION 19; THENCE NORTH 81 DEGREES, 25 MINUTES, 39 SECONDS WEST, 839.38 FEET TO A LINE DRAWN NORTH 88 DEGREES, 28 MINUTES, 32 SECONDS EAST FROM THE CENTER OF SAID SECTION 19; THENCE SOUTH 88 DEGREES, 28 MINUTES, 32 SECONDS WEST, 1826.22 FEET TO THE CENTER OF SAID SECTION 19; THENCE SOUTH 0 DEGREES, 45 MINUTES, 07 SECONDS EAST ALONG THE QUARTER SECTION LINE, 257.40 FEET; THENCE NORTH 83 DEGREES, 55 MINUTES, 03 SECONDS WEST, 1944.30 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 19, WHICH IS 1930.58 FEET SOUTH 88 DEGREES, 28 MINUTES, 32 SECONDS WEST FROM THE CENTER OF SAID SECTION 19; THENCE SOUTH 88 DEGREES, 28 MINUTES, 32 SECONDS WEST ALONG SAID NORTH LINE, 204.60 FEET; THENCE NORTH 3 DEGREES, 24 MINUTES, 35 SECONDS EAST, 2079.52 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN RAILROAD, INC.; THENCE NORTHEASTERLY ALONG SAID OUTHERLY RIGHT-OF-WAY LINE ON A BEARING OF NORTH 73 DEGREES, 57 MINUTES, 26 SECONDS EAST, ALONG SAID SOUTHERLY RIGHT- OF-WAY LINE, 2417.61 FEET; THENCE SOUTH 0 DEGREES, 41 MINUTES, 37 SECONDS WEST 565.44 FEET TO THE CENTERLINE OF FAXON ROAD; THENCE SOUTH 74 DEGREES, 54 MINUTES, 09 SECONDS EAST, ALONG SAID CENTER LINE 1028.97 FEET; THENCE SOUTH 76 DEGREES, 33 MINUTES, 23 SECONDS EAST, ALONG SAID CENTERLINE 630.71 FEET; THENCE SOUTH 79 DEGREES, 19 MINUTES, 23 SECONDS EAST ALONG SAID CENTERLINE 904.87 FEEET; THENCE SOUTH 80 DEGREES, 15 MINUTES, 53 SECONDS EAST ALONG SAID CENTER LINE 765.83 FEET; THENCE SOUTH 80 DEGREES, 27 MINUTES, 23 SECONDS EAST, ALONG SAID CENTER LINE 351.94 FEET TO THE NORTHWEST CORNER OF A TRACT OF LAND AS CONVEYED TO FRANCIS G. YABSLEY AND PHYLLIS A. YABSLEY, BY DOCUMENT NUMBER 865742, AS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS, KENDALL COUNTY, ILLINOIS; THENCE ALONG THE WEST LINE OF SAID YABSLEY TRACT, SOUTH 09 DEGREES, 32 MINUTES, 37 SECONDS WEST, 460.00 FEET TO THE SOUTHWEST CORNER OF SAID YABSLEY TRACT; THENCE ALONG THE SOUTH LINE OF SAID YABSLEY TRACK, SOUTH 80 DEGREES, 27 MINUTES, 23 SECONDS EAST, 475.00 FEET TO THE SOUTHEAST CORNER OF SAID YABSLEY TRACT; THENCE ALONG THE EAST LINE OF SAID YABSLEY TRACT, NORTH 09 DEGREES, 32 MINUTES, 37 SECONDS EAST, 460.00 FEET TO THE NORTHEAST CORNER OF SAID YABSLEY TRACT, SAID POINT ALSO BEING IN THE CENTERLINE OF SAID FAXON ROAD; THENCE ALONG SAID CENTERLINE, SOUTH 80 DEGREES, 27 MINUTES, 23 SECONDS EAST, 275.00 FEET; THENCE SOUTH 04 DEGREES, 21 MINUTES, 17 SECONDS WEST, 1549.81 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. EXCEPT THE PART FALLING IN THE FOLLOWING DESCRIBED LAND: THAT PART OF SECTION 19 AND ALSO THAT PART OF SECTION 20, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 19; THENCE SOUTH 00 DEGREES 39 MINUTES 04 SECONDS EAST, ALONG THE EAST LINE OF SAID SECTION 19, A DISTANCE OF 147.18 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 82 DEGREES 38 MINUTES 28 SECONDS EAST, A DISTANCE OF 1885,72 FEET; THENCE NORTH 04 DEGREES 21 MINUTES 17 SECONDS EAST, A DISTANCE OF 1549.81 FEET TO THE CENTERLINE OF FAXON ROAD: THENCE NORTH 80 DEGREES 27 MINUTES 23 SECONDS WEST ALONG THE CENTERLINE OF FAXON ROAD, A DISTANCE OF 275.00 FEET; THENCE SOUTH 09 DEGREES 32 MINUTES 37 SECONDS WEST, A DISTANCE OF 460.00 FEET; THENCE NORTH 80 DEGREES 27 MINUTES 23 SECONDS WEST A DISTANCE OF 475.00 FEET; THENCE NORTH 09 DEGREES 32 MINUTES 37 SECONDS EAST, A DISTANCE OF 460.00 FEET TO THE CENTERLINE OF FAXON ROAD; THENCE NORTH 80 DEGREES 27 MINUTES 23 SECONDS WEST ALONG SAID ROAD CENTERLINE, A DISTANCE OF 351.94 FEET; THENCE NORTH 80 DEGREES 15 MINUTES 53 SECONDS WEST, ALONG THE CENTERLINE OF FAXON ROAD, A DISTANCE OF 765.83 FEET; THENCE NORTH 79 DEGREES 19 MINUTES 23 SECONDS WEST, ALONG SAID ROAD CENTERLINE, A DISTANCE OF 332.13 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 698.12 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 130.00 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 971.15 FEET; THENCE SOUTH 81 DEGREES 25 MINUTES 39 SECONDS EAST, A DISTANCE OF 50.79 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY,ILLINOIS. AND EXCEPT THE PART FALLING IN THE FOLLOWING DESCRIBED LAND: THAT PART OF THE NORTHEAST 1/4 OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 19; THENCE SOUTH 00 DEGREES 46 MINUTES 07 SECONDS EAST ALONG THE QUARTER SECTION LINE, 257.40 FEET; THENCE NORTH 83 DEGREES 55 MINUTES 03 SECONDS WEST, 120.0 FEET; THENCE NORTH 22 DEGREES 13 MINUTES 31 SECONDS EAST, 296.51 FEET; THENCE NORTH 46 DEGREES 38 MINUTES 37 SECONDS EAST 788.19 FEET; THENCE NORTH 68 DEGREES 41 MINUTES 58 SECONDS EAST, 390.87 FEET FOR A POINT OF BEGINNING; THENCE NORTH 68 DEGREES 41 MINUTES 58 SECONDS EAST, 207.58 FEET; THENCE NORTH 45 DEGREES 58 MINUTES 23 SECONDS EAST, 375.65 FEET; THENCE NORTH 48 DEGREES 02 MINUTES 41 SECONDS EAST, 242.00 FEET; THENCE NORTH 48 DEGREES 12 MINUTES 10 SECONDS EAST, 692.93 FEET TO A POINT IN THE CENTER LINE OF FAXON ROAD; THENCE NORTH 79 DEGREES 19 MINUTES 23 SECONDS WEST ALONG SAID CENTER LINE, 184.02 FEET; THENCE NORTH 76 DEGREES 33 MINUTES 23 SECONDS WEST ALONG SAID CENTER LINE, 630.71 FEET TO THE CENTER LINE OF BEECHER ROAD; THENCE NORTH 74 DEGREES 54 MINUTES 09 SECONDS WEST ALONG SAID FAXON ROAD CENTER LINE, 327.00 FEET; THENCE SOUTH 06 DEGREES 6 MINUTES 20 SECONDS WEST, 574.54 FEET; THENCE SOUTH 00 DEGREES 57 MINUTES 56 SECONDS EAST, 654.81 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PART THEREOF CONVEYED TO WAYNE AND DELORES CRUISE BY A TRUSTEE'S DEED RECORDED DUNE 4, 1990 AS DOCUMENT NO. 903549 IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. AND EXCEPT THE PART FALLING IN THE FOLLOWING DESCRIBED LAND THAT PART OF THE WE 1/4 OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 19, THENCE SOUTH 0 DEGREES 46 MINUTES 07 SECONDS EAST ALONG THE QUARTER SECTION LINE, 257.40 FEET; THENCE NORTH 63 DEGREES 66 MINUTES 03 SECONDS WEST, 120.00 FEET; THENCE NORTH 22 DEGREES 13 MINUTES 31 SECONDS EAST, 296.61 FEET; THENCE NORTH 46 DEGREES 38 MINUTES 37 SECONDS EAST, 788.19 FEET; THENCE NORTH 68 DEGREES 41 MINUTES 68 SECONDS EAST, 698.46 FEET; THENCE NORTH 45 DEGREES 68 MINUTES 23 SECONDS EAST, 375.65 FEET; THENCE NORTH 48 DEGREES 02 MINUTES 41 SECONDS EAST, 242.00 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 46 DEGREES 12 MINUTES 10 SECONDS EAST, 692.93 FEET TO A POINT IN THE CENTERLINE OF FAXON ROAD; THENCE NORTH 79 DEGREES 19 MINUTES 23 SECONDS WEST ALONG SAID CENTERLINE, 184.02 FEET, THENCE NORTH 76 DEGREES 33 MINUTES 23 SECONDS WEST ALONG SAID CENTERLINE, 630.71 FEET; THENCE NORTH 74 DEGREES 54 MINUTES 09 SECONDS WEST ALONG SAID CENTERLINE, 350.00 FEET; THENCE SOUTH 13 DEGREES 26 MINUTES 37 SECONDS WEST, 670.60 FEET; THENCE SOUTH 76 DEGREES 33 MINUTES 23 SECONDS EAST, 759.31 FEET TO THE POINT OF BEGINNING IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. AND EXCEPT THE PART FALLING IN THE FOLLOWING DESCRIBED LAND THAT PART OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SAID SECTION 19; THENCE SOUTH 00 DEGREES 46 MINUTES 07 SECONDS EAST, ALONG THE QUARTER SECTION LINE, A DISTANCE OF 257.40 FEET; THENCE NORTH 83 DEGREES 55 MINUTES 03 SECONDS WEST, 1944.30 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 19, WHICH IS 1930.58 FEET SOUTH 88 DEGREES 28 MINUTES 32 SECONDS WEST FROM THE CENTER OF SAID SECTION 19; THENCE SOUTH 88 DEGREES 28 MINUTES 32 SECONDS WEST ALONG SAID NORTH LINE, 204.49 FEET; THENCE NORTH 03 DEGREES 24 MINUTES 35 SECONDS EAST, 2079.52 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN - SANTE FE RAILWAY; THENCE NORTH 73 DEGREES 57 MINUTES 26 SECONDS EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 2417.61 FEET; THENCE SOUTH 00 DEGREES 41 MINUTES 37 SECONDS WEST, 565.44 FEET TO THE CENTERLINE OF FAXON ROAD; THENCE SOUTH 74 DEGREES 54 MINUTES 09 SECONDS EAST ALONG THE CENTERLINE, 678.89 FEET TO A POINT THAT IS 350.00 FEET NORTH 74 DEGREES 54 MINUTES 09 SECONDS WEST OF THE CENTERLINE OF BEECHER ROAD; THENCE SOUTH 13 DEGREES 26 MINUTES 37 SECONDS WEST, 570.50 FEET; THENCE SOUTH 76 DEGREES 33 MINUTES 23 SECONDS EAST, 96.63 FEET; THENCE SOUTH 00 DEGREES 57 MINUTES 56 SECONDS EAST, 654.81 FEET; THENCE SOUTH 68 DEGREES 41 MINUTES 58 SECONDS WEST, 390.87 FEET; THENCE SOUTH 46 DEGREES 38 MINUTES 37 SECONDS WEST, 784.04 FEET TO THE QUARTER SECTION LINE; THENCE SOUTH 00 DEGREES 46 MINUTES 07 SECONDS EAST, ALONG SAID QUARTER SECTION LINE, 32.36 FEET TO THE POINT OF BEGINNING.