Loading...
HomeMy WebLinkAboutOrdinance 2024-31202500005854 DEBBIE GILLETTE RECORDER - KENDALL COUNTY, IL RECORDED: 05/14/2025 01:59 pM RECORDING FEE 78.00 PAGES: 105 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2024-31 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS APPROVING CERTAIN AGREEMENTS WITH CI YORKVILLE, LLC Passed by the City Council of the United City of Yorkville, Kendall County, Illinois This 9' day of July, 2024 This ordinance is being re -recorded to correct a prior clerical error. The originally recorded version included incorrect exhibits. This version removes the incorrect exhibits and replaces them with labeled placeholders, indicating that the final exhibits will be inserted when available. The ordinance text remains unchanged. Original Recording Date: 0212512025 Document Number: 202500002279 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville, Kendall County, IIlinois on July 11, 2024. 202500002279 DEBBIE GILLETTE RECORDER - KENDALL COUNTY, IL RECORDED: 02/25/2025 12:24 PM RECORDING FEE 77.00 PAGES: 104 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2024-31 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS APPROVING CERTAIN AGREEMENTS WITH Cl YORKVILLE, LLC Passed by the City Council of the United City of Yorkville, Kendall County, Illinois This 9`' day of July, 2024 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois on July 11, 2024. Ordinance No. 2024 - 31 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS APPROVING CERTAIN AGREEMENTS WITH C1 YORKVILLE, LLC WHEREAS, the United City of Yorkville, Kendall County, Illinois (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 1970 and the laws of the State; and WHEREAS, C1 Yorkville, LLC, a Delaware limited liability company ("Cl Yorkville submitted a proposal to the City to develop approximately 229 acres at the northeast corner of Eldamain and Faxon Road (the "Development Site ") for the purpose of developing a secured data center campus with nine buildings, six stormwater basins and an on -site electric substation (collectively The "Project"); and WHEREAS, C I Yorkville, as a part of its proposal to the City, requested the City to extend water and sewer services to the Development Site including the engineering design for such extensions and the acquisition of required temporary and permanent easements necessary to construct the Project; and WHEREAS, the City is prepared to undertake the extension of the sanitary sewer, the construction of the watermain looping system to serve the Development Site, and the acquisitions of the required easements to construct the Project, on the condition that CI Yorkville is responsible to pay all costs incurred by the City for the Project as set forth in the Design Engineering Service Agreement and the Easement Acquisition Agreement attached hereto; and WHEREAS, C1 Yorkville has requested financial assistance from the City due to the construction of an extensive utility infrastructure required to service the Development Site which the City is prepared to do by means of a rebatement of a portion of the City's municipal utility taxes generated from the Project and recapture agreements from properties benefited by the extension of these services pursuant to the terms and conditions set forth in the Utility Infrastructure Agreement attached hereto; and The City believes the development of the Project by Cl Yorkville at the Development Site will increase the tax base of the City and all taxing districts having jurisdiction over the Subject Property and provide job opportunities to its residents and therefor it is in the best interest of the City and its residents to take the actions hereinafter set forth. Ordinance No. 2024-31 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. All of the Preambles hereinabove set forth are incorporated herein as if restated. Section 2. The following agreements, substantially in the forms attached hereto and made a part hereof, by and between the City and C1 Yorkville are hereby approved: (a) Design Engineer Services Agreement by and between the United City of Yorkville, Kendall County, Illinois and C1 Yorkville, LLC; (b) Easement Acquisition Memorandum of Understanding by and between the United City of Yorkville, Kendall County, Illinois and C1 Yorkville, LLC; and (c) Utility Infrastructure Agreement by and between the United City of Yorkville, Kendall County, Illinois and C I Yorkville, LLC. Section 3. The Mayor and City Clerk are hereby authorized to execute the foregoing agreements and the City Administrator, the City Engineer and the City Attorney are hereby authorized to finalize the terms and take any action required to implement all of the terms of each of said agreements for a period of one year from the date of passage. 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 9tn day of July, A.D. 2024. tITY 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 Ordinance No. 2024-31 Page 3 APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this tanay of TL-flLA A.D. 2024. Attest. - IT CLERK 1V1C11 Vl\ Ordinance No. 2024-31 Page 4 DESIGN ENGINEERING SERVICES AGREEMENT BY AND BETWEEN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AND C1 YORKVILLE, LLC This Design Engineering Services Agreement (the `Agreement'), dated this day of TO I q 2024 ("Effective Date"), is by and between the United City of Yorkville, Kendall County, Illinois (the "City') and C1 Yorkville, LLC, a Delaware limited liability company (the "Developer'). ARTICLE 1. Preambles 1.1 The City is a duly organized and validly existing non -home rule municipality pursuant to the 1970 Constitution of the State of Illinois and the laws of the State. 1.2 The Developer is the owner of 228.93 acres located at the northeast corner of Eldamain and Faxon Road, legally described in Exhibit A attached hereto, and identified as parcel numbers 02-18-300-001, -002, -003, and -004; 02-19-100-004 and -005; and 02-18-400- 004 (collectively the "Subject Property'), which acquired the Subject Property from Yorkville Nexus, LLC (the "Prior Owner") for the purpose of developing a secured data center campus with nine buildings, six stormwater basins and an onsite electrical substation (collectively the "Project') over a ten (10) to twenty (20) year period. 1.3 The Developer recognizes that the Subject Property is not currently served with water or sewer service as required for the Project and is prepared to work with the City to extend such services to the Subject Property and is prepared to authorize the City to direct the City Engineer to make the necessary investigations, analyses, calculations, surveys and cost estimates to design a water main and sanitary sewer line to service the Subject Property (the "Water/Sewer Infrastructure System'). 1.4 On May 30, 2023, the City passed Ordinance 2023-18 approving a memorandum of understanding between the City and Prior Owner relating to the design and engineering of the Water/Sewer Infrastructure System for the Prior Owner, which remains unsigned as of the Effective Date hereof ("Prior Engineering MOU'). Notwithstanding, the City and Prior Owner, in good faith, initiated the design and engineering elements for the Water/Sewer Infrastructure 1 System, and Prior Owner has been providing the required reimbursement for costs and expenses in accordance with the Prior Engineering MOU and as further detailed herein. ARTICLE 2. Respective Obligations of the City and the Developer 2.1 City has identified the best direct route for each component of the Water/Sewer Infrastructure System to serve the Subject Property and hereby agrees to direct the City Engineer to provide engineering design services for the following: A. The specific location and cost to install approximately 23,000 linear feet of a sixteen - inch (16") diameter water main from the existing water main at Corneils Road to Eldamain Road, then south toward Faxon Road, then east to connect to the existing water main at High Ridge Lane and then along a section of Faxon Road all as depicted on Exhibit A attached hereto; and B. The specific location and estimated cost to install approximately 1,800 linear feet of sanitary sewer from the existing thirty-six inch (36") sanitary sewer on the east side of Rob Roy Creek west to the Lincoln Prairie development a Beecher Road. 2.2 In accordance with the Prior Engineering MOU, Prior Owner and the City engaged the City Engineer to commence work on the design engineering services required for the Water/Sewer Infrastructure System, however the design services required to complete the final design and drawings are not entirely final, but the completion of which shall not extend past May 1, 2025 without the prior written consent of Developer and City. Notwithstanding the foregoing, Developer hereby agrees to pay all outstanding costs for the design engineering services for the Water/Sewer Infrastructure System, it being understood that any disputes or claims regarding the reimbursement for the design engineering services, if any, including the amounts paid by the Prior Owner and amounts to be paid for the completion of the outstanding design engineering services by the Developer shall be resolved between the Prior Owner and the Developer. The Developer shall indemnify and hold the City harmless for any claims or disputes regarding the allocation of costs between Developer and the Prior Owner for the design services for the Water/Sewer Infrastructure System performed by the City Engineer. 2.3 As of the Effective Date hereof, the outstanding engineering services costs incurred by the City for the Water/Sewer Infrastructure System estimated in the amount of 2 $271,794.30 (for a total of $485,489.00) ("Estimated Engineering Costs"), Developer agrees to deposit with the City on or before the tenth (10th) day of each calendar month during the term of this Agreement the amounts set forth in Exhibit B attached hereto. Following the Effective Date hereof, the City agrees to advise the Developer's representatives by email, in advance of incurring further costs and expenses exceeding the Estimated Engineering Costs, requesting written approval of such additional costs and expenses. ARTICLE 3. In General 3.1 The term of this Agreement shall commence upon the date first written above and shall terminate upon completion of all work to be performed by the City Engineer and payment by the Developer in full of all costs incurred by the City in connection with the services provided by the City Engineer. 3.2 In the event of a breach of this Agreement by either party that is not cured within thirty (30) days after its receipt of written notice of such breach, such breaching party shall be deemed to be in default of this Agreement. In such event, the defaulting party hereby agrees to pay and reimburse the non -defaulting party for all costs and expenses incurred by the non - defaulting party in connection with an action taken to enforce this Memorandum, including reasonable attorney's fees and court costs. 3.3 This Agreement shall be binding upon and inure to the benefit of the successor of either party hereto and any successor governmental legal entity (governmental or otherwise) that may assume and perform the duties of either party hereto. Notwithstanding the foregoing, this Agreement shall not be assigned by a party hereto without the prior written consent of the other parties to this Agreement, for which approval shall not be unreasonably withheld or delayed. 3.4 The invalidity of any provisions of this Agreement shall not impair the validity of any other provisions. If any provision of this Agreement is determined by a court of competent jurisdiction to be enforceable that provision shall be deemed severed from this Agreement or as otherwise modified by the court. 3.5 This Agreement, along with the Utility Infrastructure Agreement, the Planned Unit Development Agreement and the Easement Acquisition Memorandum of Understanding entered 3 into between the parties (collectively the "Development Agreements"), and the ordinances of the City set forth the entire understanding of the parties as pertaining to the Project and the Subject Property and the Development Agreements may only be amended, modified or terminated by a written instrument signed by the parties. 3.6 This Agreement shall be interpreted and construed in accordance with the laws of the State of Illinois. 3.7 Any notice, request, demand, waiver, consent, approval or other communication that is required or permitted under the terms of this Agreement (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 the City: United City of Yorkville 651 Prairie Pointe Yorkville, Illinois 60560 Attention: City Administrator With a Copy to: Ottosen DiNolfo Hasenbalg & Castaldo, Ltd. 1804 N. Naper Blvd., Suite 350 Naperville, IL 60563 Attention: Kathleen Field Orr To Developer: C1 Yorkville, LLC 2820 N. Harwood Street, Suite 2200 Dallas, Texas 75201 Attention: Nicholas Papadimitriou With a Copy to: Rosanova & Whitaker Ltd. 445 Jackson Avenue, Suite 200 Naperville, Illinois 60540 Attention: Russell G. Whitaker, III 3.8 This Agreement may be executed in multiple counterparts, each of which shall be deemed to be and shall constitute one and the same instrument. 4 B. Binding Effect: Except as otherwise herein provided, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of the owner of a Benefitted Property. C. Enforcement: Each party to this Agreement, and their respective successors and assigns, may either in law or in equity, by suit. action. mandamus, or other proceeding in force and compel performance of this Agreement. Failure of either party to this to insist upon the strict and prompt performance of the terms covenants, agreements and conditions herein contained, or any of thee, upon the other party imposed, shall not constitute or be construed as a wavier or relinquishment of the party's right thereafter to enforce any such term, covenant, agreement or condition, but the same shall continue in full force and effect. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained D. Recordation: A true and correct copy of this Agreement shall be recorded with the Kendall County Recorder's office by the County at its sole cost. This Agreement shall constitute a covenant running with the land and shall be binding upon the Benefitted Properties in accordance with the terms and provisions set forth herein. E. Notices: Any notice required or desired to be given under this Agreement, unless expressly provided to the contrary herein, shall be in writing and shall be deemed to have been given on the date of personal delivery or receipt of overnight delivery , or on the date when deposited in the U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, and addressed as follows: If to City United City of Yorkville 651 Prairie Pointe Yorkville, Illinois 60560 Attn: City Administrator If to Cl: It toCI: Cl Yorkville LLC 2850 N. Harwood Street Suite 2200 Dallas, Texas 75201 Attention: Nicholas Papadimitriou With a copy to: Kathleen Field Orr Kathleen Field Orr R Associates 40 Terrace Colony Olympia Fields, Illinois 60461 With a copy to: With a copy to: Mayer Brown LLP 1999 K Street NW Washington, DC 20006 Attention: Emily G. Naughton Email: Email: npapadimitriou rr cyrusone.corn enau 7hton cLina erbrown.conl 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: russ rw-attorne s.com F. Severability: The invalidity or unenforceability of any of the provisions hereof, or any charge imposed as to any portion of the Benefitted Properties, shall not affect the validity or enforceability of the remainder of this Agreement or the charges imposed hereunder. G. Complete Agreement: This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter of this Agreement shall be deemed to exist to bind the parties. This Agreement shall be governed by the laws of the State of Illinois. H. Cations and Paragraph Headings: Captions and paragraph headings incorporated herein are for convenience only and are not part of this Agreement, and further shall not be used to construe the terms hereof. 1. Recitals and Attachments: The recitals set forth at the beginning of this Agreement and the exhibits attached hereto are hereby incorporated into this Agreement and made a part of the substance hereof. J. Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which, taken together, shall constitute one and the same instrument. [SIGNATURE PAGE TO FOLLOW] IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above as the Effective Date. CITY: Unit STATE OF ILLINOIS ) V" ) SS COUNTY OFKa 0(7, ) Attest: By: Ci Clerk n*-a Notary Public in and for said County and State, do hereby c ertify that TON Rif enlr- as a C. Lof (IK4 appeared before me this day in person and acknowledged that he signed, sealed and delivered said instrument as his free and voluntary act, and as the free and voluntary act of the Company for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this II day of4Z'-�� 2024. BOBBIE BLYSTONE d OFFICIAL SEAL Notary Public, State of Illinois My Commission Expires February 10,2021 Cl: C1 Yorkville LLC, a Delaware limito liability company I0 STATE OF ILI�iOI) I CAS ) SS COUNTY OFD"03) I, ���.� t a Nota ublic 'nand =of d County and State, do hereby certify tha , aE cLti CI YORKVILLE LLC , appeared before me this day in person and acknowledged that he signed, sealed and delivered said instrument as his free and voluntary act, and as the free and voluntary act of the Company for the uses and purposes therein set forth. 2aal I GIVEN under my hand and Notarial Seal this a day ULA-4-1 ?F{TRY: GHFRYL GIMN PAy Notary 0 # 11476M :d•t FXp'r9$ JaAua3y 4, 2027 EXHIBIT "A" SOUTHERN SEWER SYSTEM DEPICTION EXHIBIT "B" LEGALLY DESCRIBED BENEFITTED PPOPERTIFS Exhibit B THAT PART OF THE FOLLOWING DESCRIBED PROPERTY BEING IN THE SOUTHWEST QUARTER OF SECTION 17 AND THE SOUTHEAST QUARTER OF SECTION 18, ALL IN TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND LYING NORTH OF THE NORTH LINE OF THE CHICAGO, BURLINGTON, AND QUINCY RAILROAD, DESCRIBED AS FOLLOWS: COMMENCING ON THE NORTH LINE OF SECTION 19 AFORESAID, 35.04 CHAINS WEST OF THE NORTHEAST CORNER THEREOF; THENCE NORTH 0 DEGREES, 35 MINUTES, 0 SECONDS EAST 0.55 CHAINS TO THE SOUTH RIGHT-OF-WAY OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD COMPANY FOR THE POINT OF BEGINNING; THENCE SOUTH 0 DEGREES, 35 MINUTES, 0 SECONDS WEST TO THE CENTER LINE OF THE BRISTOLAND PLANO ROAD; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE TO THE CENTER OF ROB ROY CREEK; THENCE NORTHEASTERLY ALONG SAID CENTER LINE TO THE EAST LINE OF SECTION 19; THENCE NORTH ALONG SAID EAST LINE 6.44 CHAINS TO THE SOUTHWEST CORNER OF SECTION 17; THENCE EAST ALONG THE SOUTH LINE OF SA0 SECTION 2.30 CHAINS; THENCE NORTHEASTERLY TO A POINT ON THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 17 WHICH IS 5.50 CHAINS EAST OF THE NORTHWEST CORNER OF SAID QUARTER QUARTER; THENCE WEST ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 114 OF SECTION 17 AND ALONG THE NORTH LINE. OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 18 TO THE NORTHWEST CORNER OF SAID SOUTHEAST 114 OF THE SOUTHEAST 1l4; THENCE SOUTH ALONG THE WEST LINE OF SAID QUARTER QUARTER TO THE SOUTH RIGHT-OF- WAY LINE OF THE CHICAGO, ABURLINGTON, AND QUINCY RAILROAD COMPANY; THENCE WESTERLY ALONG SAID SOUTH RIGHT-OF-WAY TO THE POINT OF BEGINNING, (EXCEPTING THEREFROM THE RIGHT-OF-WAY OF THE CHICAGO, BURLINGTON, AND QUINCY RAILROAD COMPANY) IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS, Loftus 02-18-400-005, (pt) 02-17-300-002 Exhibit B A PART OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE SOUTH 00 DEGREES 00 MINUTES 34 SECONDS WEST 748.70 FEET (REC = 748.44 FEET) ALONG THE WEST LINE OF SAID QUARTER SECTION TO THE NORTH LINE OF THE BURLINGTON NORTHERN RAILROAD RIGHT OF WAY; THENCE NORTH 74 DEGREES 19 MINUTES 25 SECONDS EAST (REC = NORTH 67 DEGREES 10 MINUTES EAST) 1201.86 FEET ALONG THE NORTH LINE OF SAID RAILROAD LAND; THENCE NORTH 04 DEGREES 21 MINUTES 46 SECONDS EAST (REC = NORTH 4 DEGREES 40 MINUTES WEST) TO THE NORTH LINE OF SAID QUARTER SECTION; THENCE SOUTH 88 DEGREES 35 MINUTES 12 SECONDS WEST 1191.98 FEET (REC = 1191.96 FEET), ALONG SAID NORTH LINE OF SAID QUARTER SECTION TO THE POINT OF BEGINNING, SITUATED IN THE TOWNSHIP OF BRISTOL KENDALL COUNTY, ILLINOIS. Bru mmel 02-19-100-001 (FILE WITH PAUtP ANDERSON,RECORDtiROFDEEDS OFKENDALLCOUNTY) STATE OF ILLINOIS } SS. COUNTY OF KENDALL DANIEL J. KRAMER 1107A Si Bridge Street, Yorkville, IL 60560 resides at attached dcxd represents- l jA distinct separate parcel on record prior to July IT 1959 DOM,1ENT9 being duly sworn on oath, states that i A distinct separate parcel qualifying For a Kendall County building permit prior to August 10,1971. That die 3. The division or subdivision of the land is into parcels or tracts of five acres or more in size which does not invnlve any new streets or easements of access. 4, The division is of lots or blocks of less than one acre in any recorded subdivision which does not involve any new streets or easements of access S_ The sale or exchange of parcels of land is between owners of adjoining and contiguous land, 6. The conveyance is of parcels of land or miMsts therein For use as right of way for railroads or other puhlic utility facilities, which does not involve anv new streets or easement of access T The conveyance is of land owned by a railroad or other public utility which does not involve any new streets or easements of access. 8, The conveyance is of land for highway or other public purposes or grans or conveyances re}acing to the dedication of land for public use or instruments relating to the vacation of land impressed with a public use. 9 The eonvevance is made to correct descriptions in prior conveyances. IC The sale or exchange is or parcels or tracts of land following the division into no more than two parts of a particular parcel or tract of land exislina on July 17, 1959, and not involving any new streets or easements ofaccess l I fire sale is of a single lot of less than five acres from a larger tract, evidenced by a survey made by a registered surveyor which single lot is the first sale from said larger tract as determined by the dimensions and configurations thereof on October 1, 1473, and which sale does not violate any local requirements applicable to the subdivision of land. CIRCLE NU BER ABOVE WHICH IS APPLICABLE TO ATTACHED DEED . D A fliant further states that makes this affidavit For the purpose of ipduodg the RScorder t 1)e spa kendall bounty, Illinois, to accept the attached deed for recording, n t 1 1Ut7Si-KliiCU ANU J\VUKtN TO pefn,e ¢,c !}H t41tL J. °c111 lA� s AL f31/tNi= M t Orr �10IlU?Y I UatIC, S �WE OF 104015 ��1Gff FXPEAES 6,12 ; 21/)Cql ..- ... . Notary Public Exhibit B THAT PART OF THE NORTHWEST 114 OF SECTION 19, TOWNSHIP 7 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS BEGINNING ATA POINT ON THE NORTH LINE OF SAID SECTION 18.06 CHAINS EAST OF THE NORTHWEST CORNER OF SAID SECTION, THENCE EAST ALONG SAID NORTH LINE 9,33 CHAINS, THENCE SOUTH 80 DEGREES 30 MINUTES 0 SECONDS EAST, 7.80 CHAINS TO THE NORTHERLY TINE OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD RIGHT OF WAY, THENCE 67 DEGREES 10 MINUTES 0 SECONDS WEST, 17.97 CHAINS ALONG SAID NORTHERLY LINE TOA POINT 18.21 CHAINS EAST OF THE WEST LINE OF SAID SECTION (MEASURED ALONG SAID NORTHERLY LINE), THENCE NORTH 2 DEGREES 45 MINUTES 0 SECONDS WEST 6.86 CHAINS TO THE POINT OF BEGINNING, (EXCEPT THAT PART DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 19, THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 18.06 CHAINS FOR THE POINT OF BEGINNING, THENCE EASTALONG SAID NORTH LINE 208.75 FEET, THENCE SOUTH 02 DEGREES 45 MINUTES 0 SECONDS EAST 208.75 FEET, THENCE WEST PARALLEL WITH SAID NORTH LINE 208.75 FEET, THENCE NORTH 02 DEGREES 45 MINUTES 0 SECONDS WEST 208.71 FEET TO THE POINT OF BEGINNING), IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. Camacha 02-19-100-003 Exhibit B THAT PART OF THE NORTHEAST 114 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 19; THENCE EAST ALONG THE NORTH LINE OF SAI❑ SECTION, 18.06 CHAINS FOR THE POINT OF BEGINNING; THENCE EAST ALONG SAID NORTH LINE. 208.75 FEET; THENCE SOUTH 02 DEGREES 45 MINUTES EAST 208.75 FEET; THENCE WEST PARALLEL WITH SAID NORTH LINE 208.75 FEET; THENCE NORTH 02 DEGREES 45 MINUTES WEST 208.71 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. Schmidt 02-19-100-002 EXHIBIT "C" PACREL NUMBERS OF BLNEFITTED PROPERTIES Pin List — Southern Sanitary Sewer Connection 02-19-100-001 BRUMMEL 02-19-100-003 CAMACHO 02-19-100-002 SCHMIT 02-18-400-002 LOFTUS 02-17-300-002 EXHIBIT "D" RECAPTURE COSTS JOB NO: Y02216-DR DESIGNED: KDW DATE: June 17, 2024 PROJECT TITLE: SOUTHERN SANITARY SEWER CONNECTION ITEM NO. ITEM UNIT QUANTITY UNIT PRICE AMOUNT 1 STABILIZED CONSTRUCTION ENTRANCE EACH 2 $ 3,000.00 $ 6.000.00 2 TREE REMOVAL LSUM 1 $ 3,000.00 $ 3,050.00 3 PERIMETER EROSION BARRIER FOOT 2,500 $ 3.00 $ 8,400.00 4 TOPSOIL STRIP, STOCKPILE & REPLACEMENT LSUM 1 $ 20,000.0D S 20,000,00 5 FOUNDATION MATERIAL CUYD 65 $ 50.00 $ 3,250 00 6 SELECT GRANULAR BACKFILL CUYD 70 $ 60.00 S 4,200.00 7 FIELD TILE REPLACEMENT FOOT 50 S 125.G0 $ 6.250.00 8 TYPE A SANITARY MANHOLE 4' DIAMETER, TYPE I FR & CL EACH 6 $ 10,000.00 $ 60.000,00 9 SEWER CONSTRUCTION -PIPE SEWERS, 15-INCH, PVC SDP-26 FOOT 1,790 $ 250.00 $ 447,500.00 10 SEWER CONSTRUCTION -PIPE SEWERS, 15-INCH, PVC CERTA-LOK FOOT 110 $ 260.00 $ 28,600.00 11 13ORE AND JACK 24" STEEL CASING PIPE (SANITARY SEWER NOT INCLUDED FOOT 110 $ 500.00 $ SS,000 00 12 CONNECT TO EXISTING SANITARY MANHOLE EACH 1 $ 10,000.00 $ 10,000.00 13 DEFLECTION TESTING SANITARY SEWER FOOT 1,900 $ 5.00 S 9,500.00 14 TELEVISING SANITARY SEWER FOOT 1,900 $ 5.00 $ 9,500.00 15 SANITARY MANHOLE VACUUM TESTING EACH 6 $ 500.00 $ 3,000.00 16 PRESSURE TESTING SANITARY SEWER FOOT 1,900 $ 5.00 $ 9,500.00 17 HMA PAVEMENT REMOVAL AND REPLACEMENT SQYD 20 $ 100.00 $ 2,000.00 18 NON -SPECIAL, NON -HAZARDOUS SOIL WASTE DISPOSAL TONSI 50 $ 70.00 $ 3,500.00 19 TRAFFIC CONTROL AND PROTECTION LSUM 1 $ 30,000.00 $ 30,000.00 SUBTOTAL S 752,200.00 CONTINGENCY (20%) $ 150,000.00 TOTAL $ 902,200.00 CONSTRUCTION ENGINEERING $ 105,000.00 TOTAL PRELIMINARY COST ESTIMATE $ 1,007,200.00 NOTES: OPEN CUT ROB ROY CREEK FOUNDATION MATFRIAL + NON -SPECIAL, NON -HAZARDOUS WASTE DISPOSAL ARE ASSUMED QUANTITIES on'..• .. EXHIBIT "E" FINAL PROJECT COSTS EXHIBIT E FINAL PROJECT COSTS PLEASE NOTE: THE FINAL PROJECT COSTS ARE NOT YET FINALIZED AT THIS TIME. ONCE THE PROJECT IS COMPLETE, THIS EXHIBIT WILL BE ADDED AND RE -RECORDED. EXHIBIT "F" RECAPTURE COSTS ALLOCATED TO EACH BENEFITTED PROPERTY Project: Southern Sanitary Sewer Connection Total Estimated Cost: $ 1,102,707.00 Total Estimated Oversizing Cost (12" to 15"): $ 95,000.00 Tributary Properties: Acres % Contribution Potential Recapture Cyrus One 228 79.7% Brummel 15 5.2% $ 4,980.78 Schmit 1 0 3% $ 332.05 Camacho 6 2.1% $ 1,992,31 Loftus 28 9.8% $ 9,297.45 Comed 0 0 0% $ - Papendick 8.1 2.8% $ 2,689.62 Total 286 1 100.0% .� $ �19,292.21 WATER LOOP SYSTEM RECAPTURE AGREEMENT THIS RECAPTURE AGREEMENT ("Agreement"), is made and entered as of the q-F h day of 5u1q , 2024 ("Effective Date"), by and between the United City of Yorkville, Kendall County, TIlinois (the "City") and CI Yorkville, LLC, a Delaware limited liability ("Cl"). RECITALS: A. The City has agreed to construct and CI has agreed to pay all expenses to design and construct all mains, devices and any other equipment and appurtenances thereto required in connection with the water loop extension of the City's water system (the "Water Loop System"), as depicted on Exhibit and serving the area legally described on Exhibit B both Exhibits being attached hereto, including all costs incurred by the City to acquire all required permanent easements and temporary constructions easements. B. C I desires to recapture its costs to design and construct the Water Loop System including all required permanent and temporary easements to provide water service from the City to properties along the route as depicted and legally described on Exhibit A and as identified by parcel numbers on Exhibit C attached hereto (the "Benefitted Properties"). C. C I is desirous of entering into this Agreement to provide for the fair and allocable recapture from owners of the Benefitted Properties of a proportion of their costs to provide the Benefitted Properties with the Water Loop System, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties hereto. the parties hereby agree as follows: Section 1. Recapture Costs. An estimate of the costs to construct the extension of the Water Loop System is set forth on Exhibit D attached hereto (the "Recaphire Costs"). It is understood and agreed that within thirty (30) days of completion of the construction of the Water Loop System, an itemized list of the actual costs shall be submitted to Cl for approval and, upon approval and certification by the City shall be appended hereto as Exhibit E (the "Final Project Costs"), Section 2. Benefitted Properties. Each Benefitted Property is eligible to connect to Water Loop System upon satisfaction of the conditions hereinafter set forth. Any time any one of the Benefitted Properties is subdivided into two or more parcels, all of such parcels shall be deemed to be added to the list of Benefitted Properties and equitable share of Recapture Costs as provided in Section 4 shall be revised to reflect each subdivision during the term of this Agreement for purpose of receiving any potential benefit from a connection to the Water Loop System. Section 3. Condition Precedent to Connection. A Benefitted Property shall not be eligible to connect to the Water Loop System unless the Owner has either annexed to the City or entered into a pre -annexation agreement with the City, Section 4. Recapture Cost Allocation. The City has established the percentage of the equitable share of the Recapture Costs to be allocated to each Benefitted Property as listed on Exhibit F. The proportionate share of the cost of the Water Loop System to be allocated to a Benefitted Property shall be based upon linear frontage of the property relative to the Water Loop System for the use to be served, which proportional share shall be adjusted as hereinafter provided in Section 5. Section a. Recalculation of'Recapture Costs. The percentage of equitable Recapture Costs to be allocated to each of the Benefitted Properties shall be recalculated and reduced by fifty percent (50% ) upon the first to occur: (i) passage of ten (10) years from the date of submission of the Final Project Costs to C 1 for approval; or. (ii) receipt of an amount equal to fifty percent (50%) of the Final Project Costs from the utility tax reimbursement to Cl as allocated pursuant to that certain Utility Infrastructure Agreement by and between the City and Cl dated U , 2024 (the ``Utility Infrastructure .4greernem"), provided however, in the event the remaining Recapture Costs due to CI are less than the amount due from the owner of a Benefitted Property, the amount due shall be reduced to the final amount remaining and due to the C I. Section 6. Collection of Recapture Costs. The City shall assess against a Benefitted Property, or any portion thereof, the Recapture Costs as allocated to such Benefitted Property. At such time as a Benefitted Property owner applies to the City for issuance of a permit for connection to the Water Loop System. the City shall: (i} collect from such Benefitted Owner, or its agent or representative, the applicable Recapture Costs. owed hereunder by such Benefitted Property, as may be recalculated pursuant to Section 5; (ii) waive the applicable Recapture Costs owed by the owner of such Benefitted Property and pay said Recapture Costs to C 1: or (iii) waive the applicable Recapture Costs in the event the owner of the Benefitted Property does not connect to the Water Service. No Benefitted Property shall be issued a connection permit to the Water Loop System until such Benefitted Property has fully paid the allocated Recapture Cost owed by such Benefitted Property to the City or until the City has waived the owner's obligation to pay the allocated Recappure Costs and the City has paid Recapture Costs to C I. Immediately upon receipt of allocated Recapture Costs by the City, the City shall send the same to C I . Section 7. Obligation of the City. Upon annexation of any Benefitted Property to the City, its officers, employees and agents shall make all reasonable efforts to collect the Recapture Costs as calculated, with any adjustments or recalculations made pursuant to Section 5, for each Benefitted Property payable to the City. Section 8. Citv's Collection of other Fees and Charges. Nothing contained in this Agreement shall limit or in any way affect the rights of the City to collect other fees and charges pursuant to City ordinances, resolutions, motions and policies. The Recapture Items provided for herein For each Benefitted Property is in addition to such other City fees and charges. Section 9_ Term. This Agreement shall remain in full force and effect for a period of twenty (20) years from the date C I certifies the Final Project Costs as provided in Section l (the "Term''), unless sooner terminated. In the event no portion of a Benefitted Property and no connection permit as aforesaid is issued by the City for such Benefitted Property within twenty (20) years following the date of this Agreement, this Agreement, and each and every duty and undertaking set forth herein pertaining to such Benefitted Property, shall become null and void and of no further force and effect as to such Benefitted Property. Notwithstanding the Term of this Agreement, upon receipt by C 1 of payment of the certified Final Project Costs, whether from the owners of any of the Benefitted Properties or through the reimbursement of utility tax as provided in the Utility Infrastructure Agreement, this Recapture Agreement shall immediately terminate and all rights of recapture of Final Project Costs on the part of C1 shall cease. Section 10. Lien. This Agreement shall be recorded against the Properties upon completion of the Water Loop System and acceptance by the City and attaching Exhibit E with the actual costs of the Water Loop System. The recordation by the City of this Agreement against the Benefitted Properties shall create and constitute a lien against each Benefitted Property, and each subdivided lot hereafter contained therein, in the amount of the Recapture Items, plus interest, applicable hereunder to such Benefitted Property. Section 11. Miscellaneous Provisions. A. Agreement: This Agreement may be amended upon the mutual consent of the parties hereto from time to time by written instrument and conformity with all applicable statutory and ordinance requirements and without the consent of any other person or corporation owning all or any portion of the Benefitted Properties. B. Binding Effect: Except as otherwise herein provided, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of the ovvner of a Benefitted Property. C. Enforcement: Each party to this Agreement, and their respective successors and assigns, may either in law or in equity, by suit, action, mandamus. or other proceeding in force and compel performance of this Agreement. Failure of either party to this to insist upon the strict and prompt performance of the terms covenants. agreements and conditions herein contained, or any of them, upon the other party imposed, shall not constitute or be construed as a wavier or relinquishment of the party's right thereafter to enforce any such term, covenant, agreement or condition, but the same shall continue in full force and effect. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. D. Recordation: A true and correct copy of this Agreement shall be recorded with the Kendall County Recorder's office by the County at its sole cost. This Agreement shall constitute a covenant running with the land and shall be binding upon the Benefitted Properties in accordance with the terms and provisions set forth herein. E. Notices: Any notice required or desired to be given under this Agreement, unless expressly provided to the contrary herein, shall be in writing and shall be deemed to have been given on the date of personal delivery or receipt of overnight delivery, or on the date when deposited in the U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, and addressed as follows: If to City: United City of Yorkville 651 Prairie Pointe Yorkville, Illinois 60560 Attn: City Administrator It to C l : CI Yorkville LLC 2850 N. Harwood Street Suite 2200 Dallas, Texas 75201 Attention: Nicholas Papadimitriou Email: npapaditnitriou@cyrusone.com With a copy to: Kathleen Field Orr Kathleen Field Orr & Associates 40 Terrace Colony Olympia Fields, Illinois 60461 With a copy to: Mayer Brown LLP 1999 K Street NW Washington, DC 20006 Attention: Emily G. Naughton Email: eaughton@mayerbrown.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: russ d,rw-attorneys.coct� F. Severability: The invalidity or unenforceability of any of the provisions hereof.._ or any charge imposed as to any portion of the Benefitted Properties, shall not affect the validity or enforceability of the remainder of this Agreement or the charges imposed hereunder. G. Complete Agreement: This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter of this Agreement shall be deemed to exist to bind the parties. This Agreement shall be governed by the laws of the State of Illinois. H. Captions and Paragraph Headings: Captions and paragraph headings incorporated herein are for convenience only and are not part of this Agreement, and further shall not be used to construe the terms hereof. I. Recitals and Attachments: The recitals set forth at the beginning of this Agreement and the exhibits attached hereto are hereby incorporated into this Agreement and made a part of the substance hereof. J. Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which, taken together, shall constitute one and the same instrument. [SIGNATURE PAGE TO FOLLOW] IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above as the Effective Date. CITY: Unit STATE OF ILIaINOIS ) ) SS COUNTY OF �e, ) ,fittest: C,ty Clerk l I JA-jQ-$ Notary Public in and for said County and State, do hereby certify that air f j 6e gqd, as k Cl i � /Cof It 1 C C-( o gL)ti K V i I IP , appeared before me this day in person nd acknowledged that he signed, sealed and delivered said instrument as his free and voluntary act, and as the free and voluntary act of the Company for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this day of Z 2024. t� �'fitt rub 4h..4� 1 i C. BOBBiE BLYSTONE OFFICIAL, SEAL Notary Public, State of Illinois MY Commission Expires February 18,2025 Cl: C1 Yorkville LLC, a Delaware limited liability company STATE OF -eq 5 SS COUNTY OFXLLn I, ✓ �j��n , a Notar ublic in and f said County and State, do hereby certify tha .Yi\ , as d of CI YORKVILLE LLC , appeared before me this day in person and acknowledged that he signed, sealed and delivered said instrument as his free and voluntary act, and as the free and voluntary act of the Company for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal thi�� day of UU�� 2014 CHERYL GIBSON My Nolary ID # 1147654 Expires January 4, 2027 EXHIBIT "A" LOOP WATER SYSTEM DEPICTION -®!a7§k) ) k k� z�j�\C, S ° §\ 2t b L Cz _ a )- ( \( /( §\ §]i0m , � < § \ \ )\))\\ } ON � �( 7¢ ) EXHIBIT "B" LEGALLY DESCRIBED BENEFITTED PROPERTIES Exhibit B THAT PART OF THE NORTH WEST QUARTER OF THE NORTH EAST QUARTER OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH WEST CORNER OF THE NORTH EAST QUARTER OF SAID SECTION 17; THENCE EASTERLY, ALONG THE NORTH LINE OF THE NORTH EAST QUARTER OF SAID SECTION 17, A DISTANCE OF 892.02 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED TRACT OF LAND; THENCE CONTINUING EASTERLY, ALONG SAID NORTH LINE ON A STRAIGHT LINE EXTENSION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 440.00 FEET TO THE NORTH EAST CORNER OF THE WEST HALF OF THE NORTH EAST QUARTER OF SAID SECTION 17; THENCE SOUTHERLY, ALONG THE EAST LINE OF THE WEST HALF OF THE EAST HALF OF SAID SECTION 17, AT AN ANGLE OF 88 DEGREES, 25 MINUTES, 57 SECONDS AS MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE, A DISTANCE OF 495,19 FEET; THENCE WESTERLY, ALONG A LINE PARALLEL WITH THE NORTH LINE OF THE NORTH EAST QUARTER OF SAID SECTION 17, AT AN ANGLE 91 DEGREES, 34 MINUTES, 03 SECONDS AS MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE, A DISTANCE OF 440.00 FEET; THENCE NORTHERLY, ALONG A LINE PARALLEL WITH THE EAST LINE OF THE WEST HALF OF THE EAST HALF OF SAID SECTION 17, AT AN ANGLE OF 88 DEGREES, 25 MINUTES, 57 SECONDS, AS MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE, A DISTANCE OF 495.19 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. Czinki 02-17-201-002 Exhibit B THE NORTH 990.79 FEET OF THE EAST 630.00 FEET (AS MEASURED ALONG THE NORTH AND EAST LINES) OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ALL IN THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. Classic Investments 02-17-100-012 & 02-17-100-011 Exhibit B THAT PART OF THE NORTHWEST QUARTER OF SECTION 17 AND THE EAST'I2 OF THE NORTHEAST QUARTER OF SECTION 18, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHWEST CORNER OF SAID EAST'12 OF THE NORTHEAST QUARTER OF SECTION 18, THENCE SOUTH 0 DEGREES, 22 MINUTES, 35 SECONDS EAST ALONG THE WEST LINE OF SAID EAST'12 OF THE NORTHEAST QUARTER 1668.70 FEET TO THE NORTH LINE OF PROPERTY CONVEYED TO THE COMMONWEALTH EDISON COMPANY BY WARRANTY DEED RECORDED FEBRUARY 28. 1972 AS DOCUMENT 72-892, THENCE NORTH 88 DEGREES, 22 MINUTES, 03 SECONDS EAST ALONG SAID NORTH LINE, 2865.87 FEET TO THE NORTHEAST CORNER OF SAID THE COMMONWEALTH EDISON COMPANY PROPERTY, THENCE SOUTH 00 DEGREES, 22 MINUTES, 56 SECONDS EAST ALONG THE EAST LINE OF SAID THE COMMONWEALTH EDISON COMPANY PROPERTY, 975.25 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID NORTHWEST QUARTER OF SECTION 17, THENCE NORTH 88 DEGREES, 20 MINUTES, 43 SECONDS EAST ALONG SAID SOUTH LINE 458 62 FEET, MORE OR LESS, TO THE EAST LINE OF THE WEST'I2 OF THE SOUTHEAST QUARTER OF SAID NORTHWEST QUARTER OF SECTION 17, THENCE NORTH 00 DEGREES, 23 MINUTES, 10 SECONDS WEST ALONG THE EAST LINE OF THE WEST HALF OF THE EAST HALF OF SAID NORTHWEST QUARTER, 1543.12 FEET, THENCE NORTH 88 DEGREES, 07 MINUTES, 57 SECONDS EAST 663.59 FEET, MORE. OR LESS, TO THE EAST LINE OF SAID NORTHWEST QUARTER OF SECTION 17, THENCE NORTH 00 DEGREES, 23 MINUTES, 23 SECONDS WEST ALONG THE EAST LINE OF SAID NORTHWEST QUARTER 1104.36 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF SECTION 17, THENCE SOUTH 87 DEGREES, 58 MINUTES, 50 SECONDS WEST ALONG THE NORTH LINE OF SAID SECTION 17, 1353.09 FEET, THENCE SOUTH 7 DEGREES, 53 MINUTES, 22 SECONDS EAST 291,72 FEET TO,A POINT ON THE PROLONGATION SOUTHEASTERLY OF THE CENTER LINE OF CORNEILS ROAD, THENCE NORTH 85 DEGREES, 28 MINUTES, 45 SECONDS WEST ALONG SAID PROLONGATION AND SAID CENTER LINE OF CORNEILS ROAD, 2681.33 FEET, MORE OR LESS, TO THE POINT OF BEGINNING (EXCEPT THAT PART DESCRIBED AS FOLLOWS THAT PART OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER, THENCE SOUTH 88 DEGREES, 28 MINUTES, 22 SECONDS WEST ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER, 1091.77 FEET FOR A POINT OF BEGINNING, THENCE SOUTH 88 DEGREES, 28 MINUTES ,22 SECONDS WEST ALONG SAI❑ NORTH LINE 261.32 FEET, THENCE SOUTH 07 DEGREES, 23 MINUTES, 50 SECONDS EAST, 291.32 FEET, THENCE NORTH 37 DEGREES, 05 MINUTES, 47 SECONDS EAST, 370.92 FEET TO THE POINT OF BEGINNING), IN THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AND ALSO EXCEPTING THEREFROM THE NORTH 990.79 FEET OF THE EAST 630.00 FEET (AS MEASURED ALONG THE NORTH AND EAST LINES) OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, ALL IN THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. Meyer 02-17-100-010. 02-17-100-004, 02-18-200-004 Exhibit B THAT PART OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER; THENCE NORTH 88 DEGREES 25 MINUTES 46 SECONDS EAST, ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER, 1643.82 FEET TO THE POINT OF BEGINNING; THENCE NORTH 88 DEGREES 25 MINUTES 46 SECONDS EAST, ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER, 1477.01 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, 926.62 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 08 SECONDS WEST, 163.69 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 52 SECONDS EAST, 252.72 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 08 SECONDS EAST, 164.12 FEET TO A POINT ON SAID EAST LINE; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, ALONG SAID EAST LINE, 249.67 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 08 SECONDS WEST 1477.90 FEET; THENCE NORTH 00 DEGREES 04 MINUTES 45 SECONDS WEST 1388.90 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. SOO Green 02-18-100-003 Exhibit B THAT PART OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHWEST 1/4; THENCE NORTH 88 DEGREES 25 MINUTES 46 SECONDS EAST, ALONG THE NORTH LINE OF SAID NORTHWEST 1/4, 1643,82 FEET; THENCE SOUTH 00 DEGREES 04 MINUTES 45 SECONDS EAST 1385.95 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 08 SECONDS WEST, 1644.76 FEET TO A POINT ON THE WEST LINE OF SAID NORTHWEST 114, 1644.76 FEET, THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG SAID WEST LINE, 1339.30 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS EXCEPTING FROM SAID PARCEL FIVE THAT PART CONVEYED TO KENDALL COUNTY, ILLINOIS HIGHWAY DEPARTMENT BY INSTRUMENT RECORDED AS DOCUMENT 201300009343 DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 18; THENCE NORTH 87 DEGREES 30 MINUTES 43 SECONDS EAST 73.98 FEET ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 18; THENCE SOUTH 02 DEGREES 29 MINUTES 17 SECONDS EAST 40.00 FEET TO A POINT ON THE SOUTHERLY EXISTING RIGHT OF WAY OF CORNEILS ROAD AND EASTERLY OF EXISTING RIGHT OF WAY OF COUNTY HIGHWAY 7, SAID POINT BEING THE POINT OF BEGINNING; THENCE NORTH 87 DEGREES 30 MINUTES 43 SECONDS EAST 21.27 FEET ALONG THE SOUTHERLY EXISTING RIGHT OF WAY OF CORNEILS ROAD, - THENCE SOUTH 43 DEGREES 10 MINUTES 54 SECONDS WEST 30.54 FEET TO THE EASTERLY EXISTING RIGHT OF WAY OF COUNTY HIGHWAY 7; THENCE NORTH 00 DEGREES 56 MINUTES 02 SECONDS WEST 21.35 FEET ALONG THE EASTERLY EXISTING RIGHT OF WAY OF COUNTY HIGHWAY 7 TO THE POINT OF BEGINNING. Yorkville Nexus 02-18-100-005 Exhibit B ONLY THAT PART FALLING IN SECTIONS 18 AND 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING SOUTH OF THE SOUTHERN RIGHT OF WAY OF RAILROAD RIGHT OF WAY AS DESCRIBED IN THE FOLLOWING PARCEL: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 17; PART OF THE SOUTHEAST QUARTER OF SECTION 18 AND PART OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING ON THE NORTH LINE OF SECTION 19 AFORESAID, 35.04 CHAINS WEST OF THE NORTHEAST CORNER THEREOF; THENCE NORTH 0 DEGREES, 35 MINUTES, 0 SECONDS EAST 0.55 CHAINS TO THE SOUTH RIGHT-OF-WAY OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD COMPANY FOR THE POINT OF BEGINNING; THENCE SOUTH 0 DEGREES, 35 MINUTES, 0 SECONDS WEST TO THE CENTER LINE OF THE BRISTOL AND PLANO ROAD; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE TO THE CENTER OF ROB ROY CREEK; THENCE NORTHEASTERLY ALONG SAID CENTER LINE TO THE EAST LINE OF SECTION 19; THENCE NORTH ALONG SAID EAST LINE 6.44 CHAINS TO THE SOUTHWEST CORNER OF SECTION 17; THENCE EAST ALONG THE SOUTH LINE OF SAID SECTION 2.30 CHAINS: THENCE NORTHEASTERLY TO A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17 WHICH IS 5.50 CHAINS EAST OF THE NORTHWEST CORNER OF SAID QUARTER QUARTER; THENCE WEST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17 AND ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18 TO THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTH ALONG THE WEST LINE OF SAID QUARTER QUARTER OF THE SOUTH RIGHT-OF-WAY LINE OF THE CHICAGO, BURLINGTON, AND QUINCY RAILROAD COMPANY; THENCE WESTERLY ALONG SAI❑ SOUTH RIGHT-OF-WAY TO THE POINT OF BEGINNING, (EXCEPTING THEREFROM THE RIGHT-OF-WAY OF THE CHICAGO, BURLINGTON, AND QUINCY RAILROAD COMPANY AND EXCEPT ANY PART LYING NORTHERLY THEREOF) IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. Loftus 02-18-400-006, 02-19-200-001 Exhibit B THAT PART OF THE NORTH EAST QUARTER OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAI❑ SECTION 19; THENCE SOUTH 0 DEGREES, 46 MINUTES, 07 SECONDS EAST ALONG THE QUARTER SECTION LINE, 257.40 FEET: THENCE NORTH 83 DEGREES, 55 MINUTES, 03 SECONDS WEST, 120.00 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, 598.45 FEET: THENCE NORTH 45 DEGREES, 58 MINUTES, 23 SECONDS EAST, 375.55 FEET: THENCE NORTH 48 DEGREES, 02 MINUTES, 41 SECONDS EAST, 242.00 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 48 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, 576.50 FEET; THENCE SOUTH 76 DEGREES, 33 MINUTES, 23 SECONDS EAST, 769,31 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. EXCEPT THAT PART OF THE NORTHEAST QUARTER 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, 598.45 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 FOR A POINT OF BEGINNING; THENCE NORTH 74 DEGREES 54 MINUTES 09 SECONDS WEST ALONG SAID CENTER LINE 23.0 FEET; THENCE SOUTH 13 DEGREES 26 MINUTES 37 SECONDS WEST, 570.50 FEET; THENCE SOUTH 76 DEGREES 33 MINUTES 23 SECONDS EAST, 96.37 FEET TO A LINE DRAWN SOUTH 06 DEGREES 06 MINUTES 20 SECONDS WEST FROM THE POINT OF BEGINNING; THENCE NORTH 06 DEGREES 06 MINUTES 20 SECONDS EAST, 574.54 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. Cruise 02-19-200-005 Exhibit B THAT PART OF THE FOLLOWING DESCRIBED PROPERTY BEING IN SECTION 19, 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 SECOND EAST 2079,52 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN RAILROAD, INC.; THENCE NORTHEASTERLY ALONG SAID SOUTHERLY 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 FEET; THENCE SOUTH 80 DEGREES, 15 MINUTES, 53 SECONDS EAST ALONG SAID CIENTERLINE 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 ❑EGREES 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 114 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 JUNE 4, 1990 AS DOCUMENT NO. 903549 IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. AND EXCEPT THE PART IN THE FOLLOWING DESCRIBED LAND: THAT PART OF THE NE QUARTER 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 FOR 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. Kelaka 02-19-200-008 & 02-19-100-011 EXHIBIiT "C" PARCEL NUMBERS OF BENEFITTED PROPERTIES PIN List Water Main Loop 02-17-201-002 02-17-100-012 & 02-17-100-011 02-17-100-004 & 02-17-100-010 & 02-18-200-004 02-18-100-003 02-18-100-005 02-19-200-001 & 02-18-400-006 02-19-200-005 02-19-200-008 & 02-19-100-011 CZINKI CLASSIC INVESTMENTS MEYER SOO GREEN YORKVILLE NEXUS LOFTUS CRUISE KELAKA EXHIBIT "D" RECAPTURE COSTS JOB NO: Y02216-DR DESIGNED: KDW DATE: .tune 17, 2024 PROJECT TITLE: ELDAMAIN WATER MAIN LOOP ITEM UNIT NO. ITEM UNIT QUANTITY PRICE AMOUNT 1 STABILIZED CONSTRUCTION ENTRANCE EACH 7 S 2,000.00 $ 14,000.00 2 TREE REMOVAL L SUM 1 $ 15,000.00 $ 15,000.00 3 PERIMETER EROSION BARRIER FOOT 24,500 $ 3.00 S 73,500.00 TOPSOIL STRIP, STOCKPILE & REPLACEMENT LSUM 1 $ 80,000.00 $ 80,000.00 5 IWATER MAIN, 12-INCH DAP, CLASS 52 FOOT 1,300 $ 200.00 1 $ 260,000.00 6 IWATER MAIN, 16-INCH DAP, CLASS 52 FOOT 22,500 $ 215.00 S 4,837,500.00 7 WATER MAIN, 16-11ACH DAP, CLASS 52. DIRECTIONAL DRILL FOOT 90 $ 256.00 S 22,950.00 B ISTEEL CASING PIPE, 30-INCH (.3" WALL THICKNESS) BORED AND JACKEI FOOT 230 $ 750.00 S 172.500,00 9 CONNECT TO EXISTING WATER MAIN. 12" EACH 3 $ 6,000.00 $ 18,000.00 10 CONNECT TO EXISTING WATER MAIN, 16" EACH 3 $ 10.000.00 $ 30.000.00 11 BUTTERFLY VALVE, 12-INCH IN 60-INCH VALVE VAULT EACH 2 $ 9,000.00 $ 18,000.00 12 BUTTERFLY VALVE, 16-INCH IN 60-INCH VALVE VAULT EACH 35 $ 12,000.00 $ 420,000.00 13 FIRE HYDRANT ASSEMBLY, WITH AUXILIARY VALVE, 6-INCH MJ EACH 35 $ 10,000,00 $ 350,000.00 14 DUCTILE IRON FITTINGS LBS 10.000 $ 12.00 S 120,000.00 15 WATER MAIN TESTING - PRESSURE AND DISINFECTION LSUM 1 $ 70,ODO.00 $ 70.000.00 16 HMA PAVEMENT REMOVAL AND REPLACEMENT SQYD 130 $ 60.00 $ 7,800,00 17 FENCE REMOVAL AND REPLACEMENT FOOT 1,700 S 60.00 $ 102,000.00 18 FOUNDATION MATERIAL CUYD 400 $ 50.00 S 20,000.00 19 FIELD TILE REPLACEMENT FOOT 100 S 125.00 $ 12,500.00 20 RESTORATION SOYD 1,200 $ 18.00 $ 21,600.00 21 NON -SPECIAL, NON -HAZARDOUS SOIL WASTE DISPOSAL TONS 100 $ 70.00 $ 7.000.00 22 RAILROAD PROTECTIVE LIABILITY INSURANCE LSUM 1 $ 35,000.00 $ 35,000.00 23 TRAFFIC CONTROL AND PROTECTION LSUM 1 $ 150,000,00 $ 150,000.00 SUBTOTAL $ 6,857,350.00 CONTINGENCY(20%) S 1,371,00000 TOTAL S 6,228,350.00 CONSTRUCTION ENGINEERING $ 500,000.00 TOTAL PRELIMINARY COST ESTIMATE $ 8,828,350.00 NOTES: - FOUNDATION MATERIAL + NON -SPECIAL, NON -HAZARDOUS WASTE DISPOSAL ARE ASSUMED QUANTITIES EXHIBIT "E" FINAL PROJECT COSTS EXHIBIT E FINAL PROJECT COSTS PLEASE NOTE: THE FINAL PROJECT COSTS ARE NOT YET FINALIZED AT THIS TIME. ONCE THE PROJECT IS COMPLETE, THIS EXHIBIT WILL BE ADDED AND RE -RECORDED. EXHIBIT " " RECAPTURE COSTS ALLOCATED TO EACH BENEFITTED PROPERTY Project: Eldamain Water Main Loop Total Estimated Cost: $9,218,332 Total Estimated Length: 23,800 Estimated Cost per Foot: $ 387.32 Properties: Frontage Len h 8" Water Main Cost per Foot Potential Recapture Florian 450 $ 150 $ 67,500 Classic Investments 650 $ 150 $ 97,500 Meyer 3500 $ 150 $ 525,000 Five H LLC 1500 $ 150 $ 225,000 Yorkville Nexus, LLC 2900 $ 150 $ 435,000 Loftus 1050 $ 150 $ 157,500 Cruise 1000 $ 150 $ 150,000 Kelaka 425 $ 150 $ 63,75C Total 5 1,071,875