HomeMy WebLinkAboutCity Council Packet 2026 03-10-26 supplemental packet 2 (Project Cardinal)
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Supplemental Information – distributed 3/6/26
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
The supplemental packet include the development and recapture agreements.
All previously presented packet material can be found at:
https://www.yorkville.il.us/Archive.aspx?ADID=6658.
Reviewed By:
Legal
Finance
Engineer
City Administrator
Community Development
Economic Development
Police
Public Works
Parks and Recreation
Agenda Item Number
Planning and Zoning Commission #2
Tracking Number
PZC 2025-08 & EDC 2025-50
Project Cardinal – Pioneer (Data Center)
City Council – March 10, 2026
CC – 11/10/25
PUD and Annexation Agreement passed
and a discussion took place.
PZC 2025-08 & EDC 2025-50
Please see the attached memos and additional documents.
Krysti J. Barksdale-Noble, AICP Community Development
Name Department
Majority
Approval
Ordinance No. 2026-____
Page 1
Ordinance No. 2026-________
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
APPROVING A UTILITY AND INFRASTRUCTURE AGREEMENT AND
A DEVELOPMENT AGREEMENT BY AND BETWEEN
THE UNITED CITY OF YORKVILLE AND PIONEER DEVELOPMENT LLC
(Project Cardinal)
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, Pioneer Development, LLC, an Illinois limited liability company
(“Developer”), has entered a contract for the purchase of approximately 1,037 acres of property,
located just south of Baseline Road, west of North Bridge Street (State Route 47), and east of Ashe
Road (“Subject Property”) for the purpose of developing a data center campus (the “Project”); and
WHEREAS, in order to proceed with the Project, substantial infrastructure improvements
are required including an extension to the City’s water system, an extension to the City’s sanitary
sewer system, the construction of improvements to the City’s and Kendall County’s roadway
systems and other public improvements as detailed in the Utility and Infrastructure Agreement in
the form attached hereto; and
WHEREAS, in order to proceed with the Project, it has also been determined that the City
and other governmental units shall be impacted by the development and operation of this Project
and therefore certain commitments have been made by the Developer to cover such impacts, all
as set forth in the Development Agreement in the form attached hereto.
WHEREAS, the City is prepared to proceed with the Project and enter into the Utility and
Infrastructure Agreement and the Development Agreement as it believes the commitments made
Ordinance No. 2026-____
Page 2
by the Developer in each of these Agreements shall serve to assist the City to address all potential
impacts of this Project.
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 herein and made a part of this
Ordinance.
Section 2. The Utility and Infrastructure Agreement by and between the United City
of Yorkville and Pioneer Development LLC is hereby approved and the Mayor and City Clerk
authorized to execute.
Section 3. The Development Agreement by and between the United City of Yorkville
and Pioneer Development LLC is hereby approved and the Mayor and City Clerk are authorized
to execute.
Section 4. That this Ordinance shall be in full force and effect upon its passage,
approval and publication as provided by law.
[Remainder of page intentionally blank. Roll call vote follows.]
Ordinance No. 2026-____
Page 3
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
____ day of __________________, A.D. 2026.
______________________________
CITY CLERK
KEN KOCH _________ DAN TRANSIER _________
ARDEN JOE PLOCHER _________ CRAIG SOLING _________
CHRIS FUNKHOUSER _________ MATT MAREK _________
RUSTY CORNEILS _________ RUSTY HYETT _________
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this ____ day of __________________, A.D. 2026.
______________________________
MAYOR
Attest:
______________________________
CITY CLERK
Ordinance No. 2026-____
Page 4
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1627713470.5
DEVELOPMENT AGREEMENT BY AND BETWEEN THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS AND PIONEER DEVELOPMENT, LLC
(Project Cardinal)
THIS DEVELOPMENT AGREEMENT (the “Agreement”) is made and entered as of the ____
day of ________________ 2026 (the “Effective Date”), by and between the United City of Yorkville,
Kendall County, Illinois (the “City”) and Pioneer Development, LLC, an Illinois limited liability company
(“Developer”), each a “Party”.
ARTICLE 1: RECITALS.
1.1 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.
1.2 Developer is the contract purchaser of real property consisting of approximately 1,037
acres (the “Property”), 307 acres of which have not been annexed to the City (the “Unannexed
Property”), all of which is located west of North Bridge Street (Illinois State Route 47), east of Ashe
Road, and directly south of East Baseline Road (collectively the “Development Site”), legally described in
Exhibit A attached hereto, which Developer intends to develop as a secure data center campus (the
“Project”).
1.3 In furtherance of its intent to undertake the Project, the Developer submitted an
application to the City requesting annexation, rezoning and a special use planned unit development at the
Development Site which the City has reviewed and found to be complete and consistent with the City’s
purpose and intent of the planned unit development and policies for industrial development within the
City.
1.4 The Developer acknowledges that the Development Site is located within the jurisdiction
of several governmental units which shall be impacted by its development of the Project and therefore is
prepared to commit to the payment of the impact fee as hereinafter set forth to offset any financial
hardship which may result from its development of the Development Site.
1.5 The Developer further acknowledges that the development of the Project will require
unique City resources for plan approvals, permit applications, construction supervision and the
monitoring of the Project throughout the operation of the Development Site as a data center and therefore
is prepared to pay all review fees, permit fees and such other impact fees in the amounts when due as
hereinafter set forth.
ARTICLE 2: DEVELOPER OBLIGATIONS.
2.1 The Developer agrees to pay all plan review fees at the time of submittal of an
application for approval of a Final Plan of the Development Site and all development and permit fees at
the time of application for each building permit and any other fees as may be due and payable pursuant to
the Yorkville Unified Development Ordinance and the Yorkville City Code .
2.2 In addition to the fees referenced in Section 2.1 of this Agreement, the Developer agrees
to pay the City the sum of $51,000,000 (the “Impact Fee”) in full satisfaction of any and all impact fees
the City has determined and deemed necessary to cover all of its costs in connection with the construction
and continuing monitoring of the operation of a data center at the Development Site as well as the impacts
on other taxing districts as follows:
2
1627713470.5
2.2.1 $15,000,000 upon its closing on the purchase of the Property (the “Closing”); the
recordation of the PUD Agreement between the Developer and the City
prescribing the terms and conditions of development of the Development Site
(the “PUD Agreement”); the recordation of the Annexation Agreement between
the Parties which sets forth the conditions of annexation of the Unannexed
Property (the “Annexation Agreement”); the recording of the Rezoning/PUD
Ordinance and filing with the County Clerk of the Ordinance annexing the
Unannexed Property;
2.2.2 $11 ,000,000 paid prior to the first to occur of issuance of the first vertical
building permit for Phase 1 (as defined in the PUD Agreement) of the Project, or
a year after Closing;
2.2.3 $12,000,000 paid prior to the first to occur of issuance of the first vertical
building permit for Phase 2 of the Project, or 2 years after Closing; and
2.2.4 $13,000,000 paid prior to the first to occur of issuance of the first vertical
building permit for Phase 3 of the Project, or 3 years after Closing.
2.3 Upon Closing, the Developer agrees to convey to the City the property legally described in
Exhibit B attached hereto for use as a public park.
2.4 The Developer shall secure its payment obligations set forth in Sections 2.2.1, 2.2.2, 2.2.3
and 2.3.4 with a Bond or a Letter of Credit at Developer’s option (the “Surety”). The Surety
shall be in a form and drawn upon an institution reasonably acceptable to the City. The
Surety shall be posted upon execution of this agreement, and provide for the right of the City
to draw upon the Surety to draw upon failure to pay within five (5) business days of the date
due the amounts set forth in 2.2.1, 2.2.2, 2.2.3, and 2.2.4 upon the sole direction of the City.
The Surety shall be reduced proportionally as payments are made.
2.5 Each payment of the Impact Fee shall be distributed to the taxing districts by the City in the
amounts and solely for the uses as listed on Exhibit C attached hereto and made a part hereof.
No other Impact Fees may be imposed on the Subject Property. Notwithstanding the
foregoing, the developer acknowledges its obligations to pay all Development Fees as herein
after defined.
ARTICLE 3: CITY OBLIGATIONS
3.1 The City shall diligently, timely, and in good faith review, process, and act upon all
applications, submissions, plans, permits, approvals, and other materials submitted by the Developer in
connection with the Project. The City shall use commercially reasonable efforts to avoid unnecessary
delays and shall promptly notify the Developer of any deficiencies or additional information required to
complete such reviews. The City shall cooperate with the Developer and its consultants throughout
permitting and inspection processes, including coordinating among City departments and agencies as
reasonably necessary to facilitate efficient review. Nothing in this Section obligates the City to approve
any application that does not satisfy applicable laws, regulations, or standards, but the City shall not
unreasonably withhold, condition, or delay any approval for which the Developer has met all applicable
requirements.
3
1627713470.5
3.2 Equal Treatment. The City acknowledges that Developer is making a substantial
up-front investment in the Subject Property in consideration of the rights herein granted to construct
multiple buildings on the Subject Property over a twenty (20) year period. While the City will not freeze
permit fees or building codes applicable to the Subject Property, the City hereby agrees not to impose new
fees, requirements, or code provisions which would uniquely burden (i.e. not generally applicable to other
commercial users) Developer’s intended development, use, and operation of the Subject Property or the
development, use and operation of data centers in general.
3.3 The City agrees to support the Developer’s applications and filings to County, State, or
Federal agencies, or public utilities and grid operators (such as ComEd, PJM, or FERC) for infrastructure
to interconnect, condition, stabilize, or augment utility service to serve the Project. For purposes of this
Section, "support" means that the City shall not oppose, protest, or seek to delay such applications,
filings, or submissions. 'Utility service' includes infrastructure necessary for the Project’s operational
needs, including connections to external supply networks and facility integration, provided such
infrastructure complies with applicable codes and safety standards.
ARTICLE 4: REPRESENTATIONS.
4.1 The execution, delivery, and performance of this Agreement by the Developer, the
consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the
terms and conditions of this Agreement shall not conflict with or result in a violation or breach of any of
the terms, conditions, or provisions of any disclosure statement made, or to be made, on behalf of the
Developer, or any restriction, document, agreement, or instrument to which the Developer, or any of its
partners or venturers, is now a party or by which the Developer, or any of its partners or venturers, is
bound, or constitute a default under any of the foregoing.
4.2 The Developer further warrants, except for that certain currently pending Kendall County,
Illinois Case Number 2025 CH 000028, there are no actions at law or similar proceedings either pending
or, to the best of the Developer’s knowledge, threatened against the Developer that would materially or
adversely affect the ability of the Developer to proceed with the acquisition of the Development Site and
the construction of the Project.
ARTICLE 5: NOTICES.
All notices and other communications in connection with this Agreement shall be in writing and
shall be deemed delivered to the addressee thereof (a) when delivered in person on a business day at the
address set forth below, or (b) on the third business day after being deposited in any main or branch
United States post office, for delivery by properly addressed, postage prepaid, certified or registered mail,
returned receipt requested, at the address set forth below, or (c) by email transmission, when transmitted
to email address set forth below, when actually received provided that any email transmission shall be
accompanied by a delivery of a written notice via first class mail to the address below.
Notices and communications to Developer shall be addressed to, and delivered at, the following
addresses:
Pioneer Development, LLC
30 N. Gould Street, #38989
Sheridan, Wyoming 82801
Attn: Matt McCarron
matt@cirrusfarms.com
David J. Silverman
Mahoney, Silverman & Cross, LLC
822 Infantry Drive, Suite 100
Joliet, Illinois 60435
dsilverman@msclawfirm.com
4
1627713470.5
Notices and communications to the City shall be addressed to and delivered at these addresses:
United City of Yorkville
651 Prairie Pointe
Yorkville, IL 60560
Attn: City Administrator
bolson@yorkville.il.us
With a copy to:
Ottosen DiNolfo Hasenbalg & Castaldo, Ltd.
2441 Warrenville Road, Suite 310
Lisle, IL 60532
Attn: Attorney Kathleen Field Orr
kfo@ottosenlaw.com
By notice complying with the requirements of this Section, each party shall have the right to change the
address or addresses, or both, for all future notices and communications to such party, but no notice of a
change of address or addresses shall be effective until actually received.
ARTICLE 6: TERM & ASSIGNMENT.
6.1 This Agreement shall commence upon the Effective Date and terminate upon issuance of
the final certificate of occupancy for the final building in the Project.
6.2 After recordation of the covenants and restrictions as required by Section 3.15 of the
PUD agreement, the Developer may assign this Agreement, in whole or in part, to (i) any entity that is
directly or indirectly controlled by, controlling, or under common control with Developer, including any
special‑purpose entity or subsidiary formed for ownership, financing, or development of the Project; or
(ii) any institutional investor, investment fund, asset manager, or other qualified transferee that acquires
an interest in the Project or in Developer (each, a “Permitted Transferee”). Developer shall provide the
City with written notice of any such assignment promptly following the effective date of the assignment.
Any Permitted Transferee shall assume in writing all obligations of Developer arising from and after the
effective date of the assignment, and upon approval of such assumption by the City, the Developer shall
be released from obligations accruing after the assignment date. Upon an assignment of this Agreement,
all amounts due pursuant to Sections 2.2.1, 2.2.2, 2.2.3, and 2.2.4 shall be immediately due and payable
unless the Permitted Transferee posts a replacement Surety in compliance with Section 2.4.
ARTICLE 7: IN GENERAL.
7.1 No modification, addition, deletion, revision, alteration, or other change to this
Agreement shall be effective unless and until the change is reduced to writing and executed and delivered
by the City and the Developer. No waiver by any party of any term or condition of this Agreement shall
be deemed or construed as a waiver of any other term or condition of this Agreement, nor shall waiver of
any breach be deemed to constitute a waiver of any subsequent breach whether of the same or different
provisions of this Agreement.
7.2 This Agreement is to be executed in two or more counterparts, each of which shall be
deemed an original but all of which shall constitute the same instrument.
7.3 Neither the City nor Developer, nor any successor in interest to either of them, shall be
considered in breach of or in default of its obligations under this Agreement in the event of any delay
5
1627713470.5
caused by nationally recognized pandemic or epidemic, governmental restrictions, takings, and limitations
arising subsequent, war, state or national emergency, government mandated closures, damage or
destruction by fire or other casualty, strike, shortage of material, unusually adverse weather conditions
such as, by way of illustration and not limitation, severe rain storms or below-freezing temperatures of
abnormal degree or for an abnormal duration, tornadoes or cyclones, delays caused by Commonwealth
Edison, the Illinois Commerce Commission, the Illinois Power Agency or PJM and other events or
conditions beyond the reasonable control of the Party affected which in fact interferes with the ability of
such Party to discharge its obligations hereunder.
7.4 In the event of a foreclosure, deed-in-lieu of foreclosure, or other exercise of remedies by
any lender holding a security interest in the Project (“Lender”), the City shall recognize the Lender or its
designee, purchaser, or successor as the Developer under this Agreement; provided however, the Lender
gives written notice to the City that it shall assume the Developer’s rights and obligations. Upon such
notice, the City shall allow the Lender a reasonable period, as agreed by the City, to cure any existing
Developer defaults that are capable of cure and shall not terminate this Agreement during the agreed upon
cure period. The City shall cooperate in good faith with the Lender to the orderly transfer, continuation
and performance of this Agreement on the condition that the Lender or its transferee assumes, in writing,
all of the Developer’s obligations under this Agreement and demonstrates to the City that such transferee
has similar experience and the financial capability as the Developer to perform the Developer’s
obligations under this Agreement.
7.5 Within thirty (30) days of Developer’s request (or its successors and/or assigns), the City
shall deliver to Developer an estoppel certificate certifying either that the Developer is in compliance with
this Agreement or to the extent a default has occurred which has not otherwise been cured, stating in
detail the nature of the default.
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1627713470.5
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set forth
below their respective signatures, to be effective as of the date first written above.
United City of Yorkville,
Kendall County, Illinois
Attest:
By: By:
Mayor City Clerk
Date: , 2026
Pioneer Development, LLC
By:
Date: , 2026
1
EXHIBIT A
LEGAL DESCRIPTION
PINS BY OWNER
Galena & 47TH LLC, MPLIV10 LLC PIN: 02-05-300-003 CITY OF YORKVILLE
PIN: 02-04-300-032 CITY OF YORKVILLE
PIN: 02-04-300-024 CITY OF YORKVILLE
PIN: 02-05-400-021 CITY OF YORKVILLE
PIN: 02-09-100-031 CITY OF YORKVILLE
PIN: 02-09-100-030 CITY OF YORKVILLE
Sanjay & Sameer Gupta PIN: 02-04-100-015 CITY OF YORKVILLE
PIN: 02-05-200-007 UNINCORPORATED
The Konicek Family Limited Partnership PIN: 02-06-100-022 UNINCORPORATED
DALE L. KONICEK, LLC PIN: 02-06-200-002 CITY OF YORKVILLE
PIN: 02-05-400-022 CITY OF YORKVILLE
PIN: 02-05-200-006 CITY OF YORKVILLE
PIN: 02-04-100-016 CITY OF YORKVILLE
PIN: 02-06-400-008 UNINCORPORATED
PIN: 02-06-200-003 UNINCORPORATED
PIN: 02-05-100-003 UNINCORPORATED
PIN: 02-05-100-005 UNINCORPORATED
PIN: 02-05-400-009 CITY OF YORKVILLE
PIN: 02-04-300-018 CITY OF YORKVILLE
PIN: 02-04-300-017 CITY OF YORKVILLE
LEGAL DESCRIPTION
OWNER: Sanjay & Sameer Gupta
PARCEL 1:
THAT PART OF LOT 2 OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF THE
GOVERNMENT SURVEY OF SAID SECTION 5 DESCRIBED AS FOLLOWS: COMMENCING AT
THE SOUTHEAST CORNER OF SAID LOT 2; THENCE WEST 40 CHAINS (RECORD), 2652.01
FEET (MEASURED) TO THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH 38 1/2
LINKS (RECORD), 24.51 FEET (MEASURED) TO THE SOUTH BANK OF A DITCH; THENCE
SOUTH 89 DEGREES 30 MINUTES EAST (RECORD), NORTH 88 DEGREES 05 MINUTES 41
SECONDS EAST (MEASURED), 2593.76 FEET (MEASURED) TO THE POINT OF BEGINNING;
THENCE NORTH 01 DEGREES 54 MINUTES 03 SECONDS WEST, 232.55 FEET TO A POINT ON A
NON-TANGENT CURVE; THENCE NORTHEASTERLY 68.93 FEET ALONG A CURVE TO THE
LEFT, HAVING A RADIUS OF 533.00 FEET AND WHOSE CHORD BEARS NORTH 59 DEGREES 57
MINUTES 33 SECONDS EAST, 68.88 FEET TO A POINT ON THE EAST LINE OF SAID LOT 2;
THENCE SOUTH 01 DEGREES 16 MINUTES 25 SECONDS EAST ALONG SAID EAST LINE, 265.04
2
FEET TO THE SOUTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 88 DEGREES 05
MINUTES 41 SECONDS WEST, 57.84 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP
OF BRISTOL, KENDALL COUNTY, ILLINOIS.
PARCEL 2:
THAT PART OF LOT 2 OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 37 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF THE
GOVERNMENT SURVEY OF SAID SECTION 4 DESCRIBED AS FOLLOWS: BEGINNING AT THE
NORTHWEST CORNER OF SAID SECTION; THENCE SOUTH ON THE SECTION LINE 26.80
CHAINS; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID SECTION, 14.30 CHAINS;
THENCE IN A NORTHEASTERLY DIRECTION TO A POINT ON THE NORTH LINE OF SAID
SECTION, 20.67 CHAINS EAST OF THE POINT OF BEGINNING; THENCE WEST ALONG THE
SECTION LINE TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THAT PART OF LOT
2 LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT THE
SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH 01 DEGREES 16 MINUTES 25
SECONDS WEST, ALONG THE WEST LINE OF SAID LOT 2, A DISTANCE OF 265.04 FEET TO A
POINT ON A NON-TANGENT CURVE; THENCE NORTHEASTERLY 531.35 FEET ALONG A
CURVE TO THE LEFT, HAVING A RADIUS OF 533.00 FEET AND WHOSE CHORD BEARS
NORTH 27 DEGREES 41 MINUTES 44 SECONDS EAST, 509.62 FEET TO A POINT OF TANGENCY,
THENCE NORTH 00 DEGREES 51 MINUTES 49 SECONDS WEST 150.53 FEET, THENCE NORTH
89 DEGREES 08 MINUTES 11 SECONDS EAST, PERPENDICULAR TO THE LAST DESCRIBED
LINE, 110.00 FEET; THENCE NORTH 00 DEGREES 51 MINUTES 49 SECONDS WEST
PERPENDICULAR TO THE LAST DESCRIBED LINE, 912.39 FEET TO A POINT ON THE NORTH
LINE OF SAID LOT 2, SAID POINT BEING 364.44 FEET EAST OF THE NORTHWEST CORNER OF
SAID SECTION 4 (AS MEASURED ALONG SAID NORTH LINE) AND SAID POINT ALSO BEING
THE POINT OF TERMINUS; IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.
OWNER: Galena & 47th LLC and MPLIV10LLC
PARCEL 1:
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 4 AND THE NORTHWEST QUARTER
OF SECTION 9, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID
SOUTHWEST QUARTER; THENCE SOUTH 01 DEGREE 19 MINUTES 09 SECONDS EAST ALONG
THE EAST LINE OF SAID SOUTHWEST QUARTER, 990.0 FEET (15 CH.) TO THE NORTHEAST
CORNER OF LANDS DESCRIBED IN BOOK 163 AT PAGE 473; THENCE SOUTH 01 DEGREE 19
MINUTES 09 SECONDS EAST ALONG SAID EAST LINE, 1.84 FEET TO A POINT ON THE
SOUTHERLY LINE OF LANDS DESCRIBED IN BOOK 152 AT PAGE 392; THENCE SOUTH 87
DEGREES 52 MINUTES 56 SECONDS WEST ALONG SAID SOUTHERLY LINE AND THE
WESTERLY EXTENSION THEREOF, 1722.34 FEET TO ITS INTERSECTION WITH THE
WESTERLY LINE OF THE RIGHT-OF-WAY OF ILLINOIS ROUTE 47 AS RECORDED IN
DOCUMENT 907257 FOR A POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 09 MINUTES
41 SECONDS EAST ALONG SAID WESTERLY LINE, 128.76 FEET; THENCE NORTH 89 DEGREES
50 MINUTES 19 SECONDS EAST ALONG SAID WESTERLY LINE, 10.0 FEET; THENCE SOUTH 00
DEGREES 09 MINUTES 41 SECONDS EAST ALONG SAID WESTERLY LINE, 787.46 FEET;
THENCE SOUTHERLY ALONG SAID WESTERLY LINE, BEING A CIRCULAR CURVE HAVING A
RADIUS OF 1596.42 FEET CONCAVE TO THE WEST, THE CHORD OF WHICH BEARS SOUTH 13
DEGREES 43 MINUTES 37 SECONDS WEST, 773.94 FEET TO ITS INTERSECTION WITH THE
SOUTH LINE OF SAID SOUTHWEST QUARTER, SAID POINT BEARING NORTH 87 DEGREES 56
MINUTES 55 SECONDS EAST, 719.99 FEET FROM THE SOUTHWEST CORNER OF SAID
SOUTHWEST QUARTER; THENCE CONTINUING SOUTHERLY ALONG SAID WESTERLY LINE,
BEING A CIRCULAR CURVE HAVING A RADIUS OF 1596.42 FEET CONCAVE TO THE WEST,
3
THE CHORD OF WHICH BEARS SOUTH 31 DEGREES 17 MINUTES 50 SECONDS WEST, 205.17
FEET; THENCE SOUTH 34 DEGREES 58 MINUTES 45 SECONDS WEST ALONG SAID WESTERLY
LINE, 88.42 FEET TO THE CENTER LINE OF THE CHICAGO-GALENA ROAD; THENCE NORTH 74
DEGREES 20 MINUTES 53 SECONDS WEST, 41.71 FEET TO AN EASTERLY LINE OF SAID
LANDS DESCRIBED IN BOOK 152 AT PAGE 392; THENCE NORTH 29 DEGREES 07 MINUTES 39
SECONDS EAST ALONG SAID EASTERLY LINE, 267.87 FEET TO SAID SOUTH LINE OF SAID
SOUTHWEST QUARTER; THENCE NORTH 87 DEGREES 56 MINUTES 55 SECONDS EAST
ALONG SAID SOUTH LINE, 9.74 FEET TO A POINT ON THE WESTERLY LINE OF SAID LANDS
DESCRIBED IN BOOK 163 AT PAGE 473; THENCE NORTH 27 DEGREES 39 MINUTES 29
SECONDS EAST ALONG SAID WESTERLY LINE, 366.26 FEET; THENCE NORTH 00 DEGREES 54
MINUTES 29 SECONDS EAST ALONG SAID WESTERLY LINE, 756.55 FEET; THENCE
DEPARTING FROM SAID WESTERLY LINE NORTH 02 DEGREES 12 MINUTES 23 SECONDS
EAST, 581.48 FEET TO A POINT OF THE SOUTHERLY LINE OF SAID LANDS DESCRIBED IN
BOOK 163 AT PAGE 473; THENCE NORTH 87 DEGREES 52 MINUTES 56 SECONDS EAST
ALONG SAID SOUTHERLY LINE, 22.15 FEET TO THE POINT OF BEGINNING IN KENDALL
COUNTY, ILLINOIS.
PARCEL 2:
THAT PART OF THE SOUTHEAST 1/4 OF SECTION 5, THAT PART OF THE SOUTHWEST 1/4 OF
SECTION 4, THAT PART OF THE NORTHEAST 1/4 OF SECTION 8 AND THAT PART OF THE
NORTHWEST 1/4 OF SECTION 9, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE IRON ROD
MONUMENTING THE SOUTHEAST CORNER OF SECTION 5; THENCE NORTH 01 DEGREE 15
MINUTES 55 SECONDS WEST ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID
SECTION 5, A DISTANCE OF 1,550.82 FEET; THENCE NORTH 88 DEGREES 44 MINUTES 05
SECONDS EAST 409.15 FEET PERPENDICULAR TO THE LAST DESCRIBED COURSE TO THE
POINT OF BEGINNING; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST 221.96
FEET; THENCE NORTH 37 DEGREES 44 MINUTES 29 SECONDS EAST 115.96 FEET; THENCE
SOUTH 89 DEGREES 12 MINUTES 43 SECONDS EAST 196.55 FEET TO THE CENTERLINE OF THE
ROB ROY DITCH; THENCE SOUTH 02 DEGREES 13 MINUTES 10 SECONDS WEST 1,336.52 FEET
ALONG SAID CENTERLINE; THENCE SOUTH 29 DEGREES 12 MINUTES 38 SECONDS WEST
600.81 FEET TO THE CENTERLINE OF GALENA ROAD AS NOW ESTABLISHED; THENCE
NORTH 73 DEGREES 55 MINUTES 29 SECONDS WEST ALONG SAID CENTERLINE 677.76 FEET;
THENCE NORTH 02 DEGREES 56 MINUTES 50 SECONDS WEST 348.47 FEET; THENCE NORTH
16 DEGREES 11 MINUTES 58 SECONDS EAST 599.13 FEET; THENCE NORTH 28 DEGREES 26
MINUTES 55 SECONDS EAST 750.54 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL
COUNTY, ILLINOIS.
PARCEL 3:
THAT PART OF THE WEST HALF OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7, EAST OF
THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 5; THENCE
NORTHERLY ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER 642.93 FEET TO A
POINT WHICH IS 162.00 FEET SOUTHERLY OF THE ORIGINAL CENTER LINE OF GALENA
ROAD; THENCE WESTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 102 DEGREES 56
MINUTES 02 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE
THEREFROM, 100.00 FEET TO A POINT WHICH IS
169.50 FEET, AS MEASURED PARALLEL WITH SAID EAST LINE SOUTHERLY OF SAID
ORIGINAL CENTER LINE TO THE POINT OF BEGINNING; THENCE NORTHERLY PARALLEL
WITH SAID EAST LINE, 14.66 FEET TO THE PRESENT CENTER LINE OF GALENA ROAD AS
DEPICTED ON A PLAT RECORDED JUNE 5, 1964 AS DOCUMENT NUMBER 145193; THENCE
WESTERLY ALONG SAID PRESENT CENTER LINE, 1675.69 FEET TO A POINT OF CURVATURE;
THENCE WESTERLY ALONG SAID PRESENT CENTER LINE BEING ALONG A TANGENTIAL
4
CURVE TO THE RIGHT HAVING A RADIUS OF 42,975.00 FEET, 933.19 FEET; THENCE
WESTERLY, ALONG SAID PRESENT CENTER LINE, 64.12 FEET TO THE WEST LINE OF SAID
SOUTHWEST QUARTER; THENCE NORTHERLY ALONG SAID WEST LINE, 957.16 FEET TO THE
NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTHERLY ALONG THE
WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 5, 920.88 FEET TO A POINT
WHICH IS 2,316.00 FEET SOUTHERLY OF THE NORTHWEST CORNER OF SAID NORTHWEST
QUARTER; THENCE EASTERLY, 2,651.03 FEET TO A POINT ON THE EAST LINE OF SAID WEST
HALF WHICH IS 2,326.70 FEET SOUTHERLY OF THE NORTHEAST CORNER OF SAID
NORTHWEST QUARTER; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID WEST HALF,
2,686.96 FEET TO SAID ORIGINAL CENTER LINE; THENCE WESTERLY ALONG SAID
ORIGINAL CENTER LINE, 101.94 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP,
KENDALL COUNTY, ILLINOIS.
OWNER: Dale L. Konicek, LLC
TRACT 1:
THAT PART OF THE EAST HALF OF SECTION 5 AND THAT PART OF THE WEST HALF OF
SECTION 4, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE IRON PIPE MONUMENT THE
SOUTHEAST CORNER OF SAID SECTION 5; THENCE NORTH 01 DEGREE 15 MINUTES 55
SECONDS WEST ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 5, A
DISTANCE OF 1730.13 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 27
MINUTES 29 SECONDS WEST 362.35 FEET; THENCE NORTH 00 DEGREES 32 MINUTES 31
SECONDS EAST 2025.23 FEET TO THE SOUTHERLY LINE OF COMMONWEALTH EDISON
COMPANY PROPERTY DESCRIBED IN DOCUMENT 73-2720; THENCE NORTH 87 DEGREES 56
MINUTES 31 SECONDS EAST ALONG SAID SOUTHERLY LINE 1,222.89 FEET TO THE
CENTERLINE OF ROB ROY DITCH; THENCE SOUTH 03 DEGREES 43 MINUTES 10 SECONDS
EAST ALONG SAID CENTERLINE 577.07 FEET; THENCE SOUTH 01 DEGREE 49 MINUTES 41
SECONDS WEST ALONG SAID CENTERLINE 298.55 FEET; THENCE NORTH 89 DEGREES 00
MINUTES 53 SECONDS EAST 15.64 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF
ILLINOIS ROUTE 47 PER DOCUMENT 907256 AND 907257; (THE NEXT 5 CALLS ARE ALONG
SAID WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 PER DOCUMENT 907256 AND
907257) THENCE SOUTH 00 DEGREES 09 MINUTES 46 SECONDS EAST 170.64 FEET; THENCE
NORTH 89 DEGREES 50 MINUTES 14 SECONDS EAST 10.00 FEET; THENCE SOUTH 00 DEGREES
09 MINUTES 46 SECONDS EAST 1,000.00 FEET; THENCE SOUTH 89 DEGREES 50 MINUTES 14
SECONDS WEST 10.00 FEET; THENCE SOUTH 00 DEGREES 09 MINUTES 46 SECONDS EAST
36.62 FEET; THENCE NORTH 89 DEGREES 27 MINUTES 29 SECONDS WEST 925.95 FEET TO THE
POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS.
TRACT 2:
THAT PART OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7
EAST, LYING NORTHERLY OF A LINE EXTENDING EASTERLY FROM A POINT ON THE WEST
LINE OF SAID NORTHWEST QUARTER, 2316 FEET SOUTH OF THE NORTHWEST CORNER OF
SAID SECTION 5, TO A POINT ON THE NORTH AND SOUTH CENTERLINE OF SAID SECTION,
2326.7 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION AND LYING
SOUTHERLY OF THE COMMONWEALTH EDISON COMPANY RIGHT OF WAY LINE
PURSUANT TO DOCUMENT 73-2720, IN KENDALL COUNTY, ILLINOIS.
ALSO;
THAT PART OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT
THE NORTHEAST CORNER OF SAID SECTION 6, THENCE SOUTH ON THE EAST LINE OF SAID
SECTION 6, A DISTANCE OF 2460.05 FEET TO THE INTERSECTION WITH THE MOST
5
SOUTHERLY LINE OF PROPERTY CONVEYED TO LASALLE NATIONAL BANK, AS TRUSTEE
UNDER TRUST AGREEMENT DATED JULY 15, 1966 AND KNOWN AS TRUST NUMBER 35339,
BY A DEED DATED JANUARY 31, 1972 AND RECORDED JANUARY 31, 1972 AS DOCUMENT
72-467 TO THE POINT OF BEGINNING, THENCE WESTERLY ALONG THE SOUTHERLY LINE OF
SAID PROPERTY CONVEYED TO LASALLE NATIONAL BANK, AS TRUSTEE UNDER TRUST
NUMBER 35339, WHICH FORMS AN ANGLE OF 89 DEGREES 57 MINUTES 27 SECONDS TO THE
LEFT WITH THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 812.66 FEET, THENCE
NORTH 90 DEGREES 25 MINUTES 49 SECONDS TO THE RIGHT WITH THE PROLONGATION OF
THE LAST DESCRIBED COURSE, A DISTANCE OF 366.94 FEET, THENCE EASTERLY 88
DEGREES 43 MINUTES 04 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST
DESCRIBED COURSE, A DISTANCE OF 809.73 FEET TO THE EAST LINE OF SAID SECTION 6,
THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 378.96 FEET TO
THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS.
ALSO;
THAT PART OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT
THE NORTHEAST CORNER OF SAID SECTION 6, THENCE SOUTH ON THE EAST LINE OF SAID
SECTION 6, A DISTANCE OF 2474.60 FEET FOR THE POINT OF BEGINNING OF THE TRACT
HEREIN DESCRIBED, THENCE WESTERLY ON A LINE WHICH FORMS AN ANGLE OF 90
DEGREES 57 MINUTES 19 SECONDS TO THE RIGHT WITH THE EAST LINE OF SAID SECTION 6,
A DISTANCE OF 812.66 FEET, THENCE NORTH ALONG A LINE 89 DEGREES 31 MINUTES 03
SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED LINE, A
DISTANCE OF 1.61 FEET TO THE INTERSECTION WITH THE MOST SOUTHERLY LINE OF THE
PROPERTY CONVEYED TO LASALLE NATIONAL BANK, AS TRUSTEE UNDER TRUST
AGREEMENT DATED JULY 15, 1966 AND KNOWN AS TRUST NUMBER 35339 BY DEED DATED
JANUARY 31, 1972 AND RECORDED JANUARY 31, 1972 AS DOCUMENT 72-467, THENCE
EASTERLY ON THE SOUTHERLY LINE OF SAID PROPERTY CONVEYED TO THE LASALLE
NATIONAL BANK, A DISTANCE OF 812.66 FEET TO A POINT ON THE EAST LINE OF SAID
SECTION 6, THENCE SOUTHERLY ON SAID EAST LINE,
13.55 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS.
TRACT 3:
LOT 2 OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF THE GOVERNMENT SURVEY
OF SAID SECTION 5 (EXCEPT THAT PART DESCRIBED AS FOLLOWS: BEGINNING AT THE
SOUTHEAST CORNER OF SAID LOT 2, THENCE WEST 40 CHAINS TO THE SOUTHWEST
CORNER OF SAID LOT, THENCE NORTH 38 1/2 LINKS TO THE SOUTH BANK OF DITCH,
THENCE SOUTH 89 DEGREES 30 MINUTES 00 SECONDS EAST 40 CHAINS TO THE POINT OF
BEGINNING AND EXCEPTING THEREFROM THAT PART OF THE NORTHEAST 1/4 OF SECTION
5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED
AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID NORTHEAST 1/4,
1961.60 FEET EAST OF THE NORTHWEST CORNER OF SAID NORTHEAST 1/4, THENCE EAST
ALONG SAID NORTH LINE
667.0 FEET, THENCE SOUTH AT RIGHT ANGLES TO SAID NORTH LINE, 396.0 FEET, THENCE
WEST AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 667.0 FEET, THENCE NORTH
AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 396.0 FEET TO THE POINT OF
BEGINNING, AND ALSO EXCEPTING THAT PART OF LOT 2 OF THE NORTHEAST QUARTER
OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT OF THE GOVERNMENT SURVEY OF SAID SECTION 5 DESCRIBED
AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 2, THENCE WEST
40 CHAINS (RECORD), 2652.01 FEET (MEASURED) TO THE SOUTHWEST CORNER OF SAID
LOT 2, THENCE NORTH 38 1/2 LINKS (RECORD), 25.41 FEET (MEASURED) TO THE SOUTH
6
BANK OF A DITCH, THENCE SOUTH 89 DEGREES 30 MINUTES 00 SECONDS EAST (RECORD),
NORTH 88 DEGREES 05 MINUTES 41 SECONDS EAST (MEASURED), 2593.76 FEET
(MEASURED) TO THE POINT OF BEGINNING, THENCE NORTH 01 DEGREES 54 MINUTES 03
SECONDS WEST, 232.55 FEET TO A POINT ON A NON-TANGENT CURVE, THENCE
NORTHEASTERLY 68.93 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 533.00
FEET AND WHOSE CHORD BEARS NORTH 59 DEGREES 57 MINUTES 33 SECONDS EAST, 68.88
FEET TO A POINT ON THE EAST LINE OF SAID LOT 2, THENCE SOUTH 01 DEGREES 16
MINUTES 25 SECONDS EAST ALONG SAID EAST LINE, 265.04 FEET TO THE SOUTHEAST
CORNER OF SAID LOT 2, THENCE SOUTH 88 DEGREES 05 MINUTES 41 SECONDS WEST, 57.84
FEET TO THE POINT OF BEGINNING) IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY,
ILLINOIS.
TRACT 4:
THAT PART OF LOT 2 OF THE NORTHWEST 1/4 OF SECTION 4, TOWNSHIP 37 NORTH, RANGE
7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF THE
GOVERNMENT SURVEY OF SAID SECTION 4, LYING WESTERLY OF THE FOLLOWING
DESCRIBED LINE BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 2, THENCE
NORTH 01 DEGREES 16 MINUTES 25 SECONDS WEST, ALONG THE WEST LINE OF SAID LOT
2, A DISTANCE OF 265.04 FEET TO A POINT ON A NON-TANGENT CURVE, THENCE
NORTHEASTERLY 531.35 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 533.00
FEET AND WHOSE CHORD BEARS NORTH 27 DEGREES 41 MINUTES 44 SECONDS EAST, 509.62
FEET TO A POINT OF TANGENCY, THENCE NORTH 00 DEGREES 51 MINUTES 49 SECONDS
WEST 150.53 FEET, THENCE NORTH 89 DEGREES 08 MINUTES 11 SECONDS EAST,
PERPENDICULAR TO THE LAST DESCRIBED LINE,
110.00 FEET, THENCE NORTH 00 DEGREES 51 MINUTES 49 SECONDS WEST PERPENDICULAR
TO THE LAST DESCRIBED LINE, 912.39 FEET TO A POINT ON THE NORTH LINE OF SAID LOT
2, SAID POINT BEING 364.44 FEET EAST OF THE NORTHWEST CORNER OF SAID SECTION 4
(AS MEASURED ALONG SAID NORTH LINE) AND SAID POINT ALSO BEING THE POINT OF
TERMINUS, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.
TRACT 5:
PARCEL 1:
THAT PART OF THE WEST 1/2 OF SECTION 4, PART OF SECTION 5, PART OF THE NORTHEAST
1/4 OF SECTION 8 AND PART OF THE NORTHWEST 1/4 OF SECTION 9, ALL IN TOWNSHIP 37
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF GALENA ROAD AS
NOW ESTABLISHED ACROSS SAID SECTION 5 WITH THE WEST LINE OF THE EAST 1/2 OF
SAID SECTION 5; THENCE NORTH 00 DEGREES 02 MINUTES 49 SECONDS WEST ALONG SAID
WEST LINE, 2673.13 FEET TO A POINT 2327.34 FEET SOUTH OF THE NORTHEAST CORNER OF
THE NORTHWEST 1/4 OF SAID SECTION 5; THENCE NORTH 89 DEGREES 36 MINUTES 30
SECONDS WEST 1323.10 FEET; THENCE NORTH 00 DEGREES 02 MINUTES 30 SECONDS EAST
2325.56 FEET TO THE NORTH LINE OF SAID SECTION 5; THENCE SOUTH 89 DEGREES 41
MINUTES 06 SECONDS EAST ALONG SAID NORTH LINE 1319.49 FEET TO THE NORTHWEST
CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 5; THENCE SOUTH 00 DEGREES 02
MINUTES 49 SECONDS EAST ALONG THE WEST LINE OF SAID NORTHEAST 1/4 1828.36 FEET;
THENCE NORTH 89 DEGREES 08 MINUTES EAST 3596.80 FEET TO THE CENTER LINE OF ROB
ROY DITCH; THENCE SOUTH 00 DEGREES 22 MINUTES 03 SECONDS EAST ALONG SAID
CENTER LINE 781.86 FEET; THENCE SOUTH 02 DEGREES 43 MINUTES 14 SECONDS WEST
ALONG SAID CENTER LINE
300.01 FEET; THENCE SOUTH 89 DEGREES 40 MINUTES EAST 291.15 FEET; THENCE SOUTH 00
DEGREES 56 MINUTES 40 SECONDS WEST 240.28 FEET; THENCE NORTH 89 DEGREES 14
MINUTES 01 SECONDS EAST 1428.51 FEET TO THE EAST LINE OF THE WEST 1/2 OF SAID
SECTION 4; THENCE SOUTH 00 DEGREES 02 MINUTES 57 SECONDS EAST ALONG SAID EAST
7
LINE 991.84 FEET; THENCE SOUTH 89 DEGREES 09 MINUTES 08 SECONDS WEST 1745.17 FEET
TO THE CENTER LINE OF SAID ROB ROY DITCH; THENCE SOUTH 03 DEGREES 28 MINUTES
51 SECONDS WEST ALONG SAID CENTER LINE 1373.75 FEET; THENCE SOUTH 30 DEGREES 24
MINUTES 07 SECONDS WEST ALONG SAID CENTER LINE 600.81 FEET TO THE CENTER LINE
OF SAID GALENA ROAD; THENCE NORTH 72 DEGREES 44 MINUTES WEST ALONG SAID
CENTER LINE, 3318.05 FEET TO THE POINT OF BEGINNING,
EXCEPTING THEREFROM THAT PART OF THE NORTHWEST 1/4 OF SECTION 5, TOWNSHIP 37
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING SOUTH OF A LINE
EXTENDING EASTERLY FROM A POINT ON SAID WEST LINE OF THE NORTHWEST 1/4
WHICH POINT IS 1876.07 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 5 TO
A POINT ON THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 5 WHICH POINT IS
1828.85 FEET SOUTH OF SAID NORTH QUARTER CORNER, AND EXCEPT A STRIP OF LAND
205.00 FEET WIDE IN THE NORTHEAST 1/4 OF SECTION 5 AND THE NORTHWEST 1/4 OF
SECTION 4, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN,
BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF
THE NORTHEAST 1/4 OF SAID SECTION 5; THENCE SOUTH ALONG THE NORTH AND SOUTH
CENTER LINE OF SAID SECTION 5, A DISTANCE OF 1828.85 FEET TO THE NORTH LINE OF
PROPERTY CONVEYED TO THE LASALLE NATIONAL BANK, AS TRUSTEE UNDER TRUST
AGREEMENT DATED FEBRUARY 10, 1967, KNOWN AS TRUST NO. 35913 RECORDED AS
DOCUMENT NO. 154368 IN BOOK 152, PAGE 392 AS SAID NORTH LINE IS MONUMENTED AND
OCCUPIED, HEREINAFTER REFERRED TO AS LINE "B", FOR THE POINT OR BEGINNING;
THENCE EAST ALONG SAID LINE "B", A DISTANCE OF 3596.80 FEET TO THE CENTER LINE OF
ROB ROY DITCH; THENCE SOUTHERLY ALONG THE CENTER LINE OF ROB ROY DITCH
FORMING AN ANGLE OF 90 DEGREES 29 MINUTES 57 SECONDS TO THE RIGHT WITH THE
PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 205.00 FEET TO THE
INTERSECTION WITH A LINE 205.00 FEET PERPENDICULARLY DISTANT SOUTH OF AND
PARALLEL WITH THE AFORESAID LINE "B"; THENCE WEST ALONG THE LAST DESCRIBED
PARALLEL LINE A DISTANCE OF 3598.47 FEET TO THE NORTH AND SOUTH CENTER LINE OF
SAID SECTION 5; THENCE NORTH ALONG SAID NORTH AND SOUTH CENTER LINE 205.02
FEET TO THE POINT OF BEGINNING, AND ALSO EXCEPT THAT PART OF THE WEST HALF OF
SAID SECTION 4 LYING EAST OF THE WEST RIGHT OF WAY LINE OF ILLINOIS ROUTE 47, IN
KENDALL COUNTY, ILLINOIS.
AND ALSO EXCEPTING: THAT PART OF THE SOUTHEAST 1/4 OF SECTION 5, THAT PART OF
THE SOUTHWEST 1/4 OF SECTION 4, THAT PART OF THE NORTHEAST 1/4 OF SECTION 8 AND
THAT PART OF THE NORTHWEST 1/4 OF SECTION 9, ALL IN TOWNSHIP 37 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT
THE IRON ROD MONUMENTING THE SOUTHEAST CORNER OF SECTION 5; THENCE NORTH
01 DEGREES 15 MINUTES 55 SECONDS WEST ALONG THE EAST LINE OF THE SOUTHEAST 1/4
OF SAID SECTION 5, A DISTANCE 1,550.82 FEET; THENCE NORTH 88 DEGREES 44 MINUTES 05
SECONDS EAST 409.15 FEET PERPENDICULAR TO THE LAST DESCRIBED COURSE TO THE
POINT OF BEGINNING; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST 221.96
FEET; THENCE NORTH 37 DEGREES 44 MINUTES 29 SECONDS EAST 115.96 FEET; THENCE
SOUTH 89 DEGREES 12 MINUTES 43 SECONDS EAST 196.55 FEET TO THE CENTERLINE OF THE
ROB ROY DITCH; THENCE SOUTH 02 DEGREES 13 MINUTES 10 SECONDS WEST 1336.52 FEET
ALONG SAID CENTERLINE; THENCE SOUTH 29 DEGREES 12 MINUTES 38 SECONDS WEST
600.81 FEET TO THE CENTERLINE OF GALENA ROAD AS NOW ESTABLISHED; THENCE
NORTH 73 DEGREES 55 MINUTES 29 SECONDS WEST ALONG SAID CENTERLINE 677.76 FEET,
THENCE NORTH 02 DEGREES 56 MINUTES 50 SECONDS WEST 348.47 FEET; THENCE NORTH
16 DEGREES 11 MINUTES 58 SECONDS EAST 599.13 FEET; THENCE NORTH 28 DEGREES 25
MINUTES 55 SECONDS EAST 750.54 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL
COUNTY, ILLINOIS,
8
AND ALSO EXCEPTING, THAT PART CONVEYED BY WARRANTY DEED RECORDED AUGUST
30, 2007 AS DOCUMENT 200700026496, DESCRIBED AS FOLLOWS: THAT PART OF THE EAST
HALF OF SECTION 5 AND THAT PART OF THE WEST HALF OF SECTION 4, ALL IN TOWNSHIP
37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE IRON PIPE MONUMENTING THE SOUTHEAST CORNER OF SAID
SECTION 5; THENCE NORTH 01 DEGREES 15 MINUTES 55 SECONDS WEST ALONG THE EAST
LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 1730.13 FEET TO THE
POINT OF BEGINNING; THENCE NORTH 89 DEGREES 27 MINUTES 29 SECONDS WEST 362.35
FEET; THENCE NORTH 00 DEGREES 32 MINUTES 31 SECONDS EAST 2026.23 FEET TO THE
SOUTHERLY LINE OF COMMONWEALTH EDISON COMPANY PROPERTY DESCRIBED IN
DOCUMENT 73-2720; THENCE NORTH 87 DEGREES 56 MINUTES 31 SECONDS EAST ALONG
SAID SOUTHERLY LINE 1,222.89 FEET TO THE CENTERLINE OF ROB ROY DITCH; THENCE
SOUTH 03 DEGREES 43 MINUTES 10 SECONDS EAST ALONG SAID CENTERLINE 577.07 FEET;
THENCE SOUTH 01 DEGREES 49 MINUTES 41 SECONDS WEST ALONG SAID CENTERLINE
298.55 FEET; THENCE NORTH 89 DEGREES 00 MINUTES 53 SECONDS EAST 15.64 FEET TO THE
WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 PER DOCUMENT 907256 AND
907257; (THE NEXT 5 CALLS ARE ALONG SAID WESTERLY RIGHT OF WAY LINE OF ILLINOIS
ROUTE 47 PER DOCUMENT 907256 AND 907257) THENCE SOUTH 00 DEGREES 09 MINUTES 46
SECONDS EAST 170.64 FEET; THENCE NORTH 89 DEGREES 50 MINUTES 14 SECONDS EAST
10.00 FEET; THENCE SOUTH 00 DEGREES 09 MINUTES 48 SECONDS EAST, 1,000.00 FEET;
THENCE SOUTH 89 DEGREES 50 MINUTES 14 SECONDS WEST 10.00 FEET; THENCE SOUTH 00
DEGREES 09
MINUTES 46 SECONDS EAST 38.62 FEET; THENCE NORTH 89 DEGREES 27 MINUTES 29
SECONDS WEST 925.95 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY,
ILLINOIS.
PARCEL 2:
THAT PART OF THE NORTHWEST 1/4 OF SECTION 5 AND NORTHEAST 1/4 OF SECTION 6,
TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SECTION 5; THENCE EAST ALONG
THE SECTION LINE 1331.4 FEET; THENCE SOUTHERLY ALONG A LINE FORMING AN ANGLE
OF 90 DEGREES 07 MINUTES 00 SECONDS MEASURED FROM WEST TO SOUTH FROM THE
SECTION LINE, 2321.5 FEET; THENCE WESTERLY ALONG A LINE FORMING AN ANGLE OF 89
DEGREES 33 MINUTES 00 SECONDS, MEASURED FROM NORTH TO WEST FROM THE LAST
DESCRIBED COURSE, 1328.7 FEET TO THE WEST LINE OF SECTION 5; THENCE SOUTHERLY
ALONG THE SECTION LINE, FORMING AN ANGLE OF 89 DEGREES 27 MINUTES 00 SECONDS
MEASURED FROM EAST TO SOUTH FROM THE LAST DESCRIBED COURSE, 146.4 FEET;
THENCE WESTERLY ALONG A LINE FORMING AN ANGLE OF 89 DEGREES 58 MINUTES 00
SECONDS, MEASURED FROM NORTH TO WEST FROM THE SECTION LINE, 1553 FEET;
THENCE NORTHERLY ALONG A LINE FORMING AN ANGLE OF 89 DEGREES 33 MINUTES 00
SECONDS, MEASURED FROM EAST TO NORTH FROM THE LAST DESCRIBED COURSE, 2461.1
FEET TO THE NORTH LINE OF SECTION 6; THENCE EASTERLY ALONG SAID NORTH LINE
1534 FEET TO THE POINT OF BEGINNING,
EXCEPTING THEREFROM THAT PART OF THE NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 37
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH AND WEST OF
THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT 1876.07 FEET SOUTH OF THE
NORTHEAST CORNER OF SAID SECTION 6, SAID POINT BEING ON THE NORTH LINE OF THE
LAND CONVEYED TO COMMONWEALTH EDISON COMPANY BY DOCUMENT NO. R73-2841
(TRACT 1); THENCE WEST ALONG SAID NORTH LINE 1133.17 TO A POINT OF INTERSECTION
WITH A LINE 415.0 FEET PERPENDICULARLY DISTANT EAST OF AND PARALLEL WITH THE
EAST LINE OF THE LAND CONVEYED TO EARL P. AND EMMA V. KONICEK BY DEED
RECORDED AS DOCUMENT NO. 136414 IN BOOK 126, PAGE 41; THENCE NORTH ON SAID
9
PARALLEL LINE, ALSO BEING THE EAST LINE OF THE LAND CONVEYED TO SAID
COMMONWEALTH EDISON COMPANY BY DOCUMENT NO. R73-2841, 1897.19 FEET TO THE
NORTH LINE OF SAID SECTION 6 AND THE POINT OF TERMINATION;
AND ALSO EXCEPT THAT PART OF THE NORTHWEST 1/4 OF SECTION 5, TOWNSHIP 37
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING SOUTHERLY OF A LINE
EXTENDED EASTERLY FROM A POINT ON THE WEST LINE OF SAID NORTHWEST 1/4 OF
SECTION 5 WHICH POINT IS 1876.07 FEET SOUTH OF THE NORTHWEST CORNER OF SAID
SECTION 5 TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SECTION 5, WHICH
POINT IS 1828.85 FEET SOUTH OF THE NORTH QUARTER CORNER OF SAID SECTION 5, ALL
IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.
TRACT 6:
PART OF THE EAST 1/2 OF SECTION 6; TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION; THENCE NORTHERLY
ALONG THE EASTERLY LINE OF SAID SECTION 6, A DISTANCE OF 3407.85 FEET TO THE
SOUTH LINE OF PROPERTY CONVEYED TO SUSAN SCHMIDT BY WARRANTY DEED
RECORDED DECEMBER 18, 1929 IN BOOK 80, PAGES 334 AND 335; THENCE WEST ALONG
THE SOUTH LINE OF PROPERTY CONVEYED TO SUSAN SCHMIDT A DISTANCE OF 1552.74
FEET TO THE EAST LINE OF PROPERTY CONVEYED TO EARL P KONICEK AND WIFE BY
WARRANTY DEED DATED DECEMBER 4, 1961 RECORDED AS DOCUMENT 136414, THENCE
SOUTH ALONG THE EAST LINE OF PROPERTY CONVEYED TO EARL P. KONICEK AND WIFE
1240.82 FEET TO THE CENTER LINE OF GALENA ROAD, FOR THE POINT OF BEGINNING;
THENCE CONTINUING SOUTH ALONG THE PROLONGATION OF THE LAST DESCRIBED
COURSE A DISTANCE 919.13 FEET TO AN ANGLE POINT WHICH IS 1312.43 FEET
PERPENDICULARLY DISTANCE NORTH OF SAID SOUTH LINE OF SAID SECTION 6; THENCE
SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 26 DEGREES 45 MINUTES 35
SECOND TO THE RIGHT WITH A PROLONGATION OF THE LAST DESCRIBED COURSE A
DISTANCE OF 332.08 FEET TO THE NORTH LINE OF PARCEL TWO OF PROPERTY CONVEYED
TO CHICAGO TITLE AND TRUST COMPANY, AS TRUSTEE UNDER TRUST NUMBER 45553 BY
CONSERVATORS DEED RECORDED SEPTEMBER 17, 1973 AS DOCUMENT 73-4671; THENCE
WESTERLY ALONG SAID NORTHERLY LINE FORMING AN ANGLE OF 62 DEGREES 01
MINUTES 01 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED
COURSE, A DISTANCE 646.8 FEET TO THE CENTER LINE OF BEECHER ROAD; THENCE
NORTHEASTERLY ALONG SAID CENTER LINE 1362.40 FEET TO THE CENTER LINE OF
GALENA ROAD; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE 460.52 FEET TO THE
POINT OF BEGINNING; IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS,
ALSO,
THAT PART OF THE EAST 1/2 OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF GALENA ROAD WITH THE
EAST LINE OF SAID SECTION; THENCE NORTH 70 DEGREES 55 MINUTES WEST ALONG SAID
CENTER LINE 276 FEET; THENCE SOUTH PARALLEL TO THE EAST LINE OF SAID SECTION 8,
200 FEET; THENCE SOUTH 70 DEGREES 55 MINUTES EAST 270 FEET TO THE EAST LINE OF
SAID SECTION; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 1456.6 FEET TO
THE SOUTHEAST CORNER OF SAID SECTION; THENCE WEST ALONG THE SOUTH LINE OF
SAID SECTION 470.51 FEET TO THE EASTERLY LINE OF PARCEL TWO OF THE PROPERTY
CONVEYED TO CHICAGO TITLE AND TRUST COMPANY TRUSTEE UNDER TRUST NUMBER
45553 BY CONSERVATORS DEED RECORDED SEPTEMBER 17, 1973 AS DOCUMENT R73-4671;
THENCE NORTHERLY ALONG SAID EASTERLY LINE 1006.52 FEET TO THE NORTHEASTERLY
CORNER OF SAID PARCEL; THENCE WESTERLY ALONG THE NORTH LINE OF SAID PARCEL
TWO 388.83 FEET TO THE INTERSECTION OF SAID NORTH LINE WITH THE EASTERLY LINE
10
OF THE PROPERTY DESCRIBED IN PARCEL ONE OF SAID DOCUMENT 73-4671; THENCE
NORTHEASTERLY ALONG SAID EASTERLY LINE OF PARCEL ONE A DISTANCE OF 115.02
FEET TO AN ANGLE POINT ON SAID EASTERLY LINE OF PARCEL ONE WHICH IS 1112.06
FEET PERPENDICULARLY DISTANCE NORTH OF THE SOUTH LINE OF SAID SECTION;
THENCE NORTH ALONG A LINE FORMING AN ANGLE 26 DEGREES 45 MINUTES 38 SECOND
TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE A DISTANCE
OF 2329.35 FEET TO THE SOUTH LINE OF PROPERTY CONVEYED TO DIANE R. KAPCHINSKI
BY TRUSTEES DEED RECORDED JUNE 14, 1973 AS DOCUMENT 73-28243; THENCE EAST
ALONG THE SOUTH LINE OF PROPERTY CONVEYED TO DIANE R. KAPCHINSKI 812.68 FEET
TO THE EAST LIEN OF SAID SECTION 6; THENCE SOUTHERLY ALONG THE EAST LINE OF
SAID SECTION 6, 1319.90 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF
BRISTOL, KENDALL COUNTY, ILLINOIS, EXCEPT THE LEGAL DESCRIPTION INCLUDED IN
THE WARRANTY DEED RECORDED AUGUST 24, 2020 AS DOCUMENT 202000016040.
OWNER: The Konicek Family Limited Partnership
A PART OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN AND PART OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 6 EAST OF THE THIRD
PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST
CORNER OF SAID SECTION 6, THENCE EAST 19.508 CHAINS (1,287.528 FEET) TO AN IRON
STAKE FOR PLACE OF BEGINNING, THENCE EAST ON THE NORTH LINE OF SAID SECTION 6,
44.599 CHAINS (2,943.534 FEET), THENCE SOUTH 16 MINUTES WEST 56.242 CHAINS (3,711.972
FEET) TO THE CENTER OF THE HIGHWAY, THENCE NORTH 73 DEGREES 58 MINUTES WEST
3.473 CHAINS (229.218 FEET) ALONG THE CENTER OF THE HIGHWAY, THENCE NORTH 79
DEGREES 37 MINUTES WEST 52.777 CHAINS (3,483.282 FEET) ALONG THE CENTER OF THE
HIGHWAY, THENCE NORTH 79 DEGREES 16 MINUTES WEST 8.03 CHAINS (529.98 FEET)
ALONG THE CENTER OF THE HIGHWAY TO AN IRON STAKE, THENCE NORTH 18 DEGREES
05 MINUTES EAST 10.258 CHAINS (677.028 FEET) TO AN IRON STAKE, THENCE NORTH 72
DEGREES 01 MINUTE WEST 6.632 CHAINS (437.712 FEET) TO AN IRON STAKE, THENCE
NORTH 27 DEGREES 51 MINUTES EAST 11.60 CHAINS (765.6 FEET) TO AN IRON STAKE,
THENCE NORTH 89 DEGREES 25 MINUTES EAST 11.535 CHAINS (761.31 FEET) TO THE CENTER
OF THE HIGHWAY, THENCE NORTH 12 DEGREES 40 MINUTES EAST TO THE PLACE OF THE
BEGINNING, SITUATED IN KENDALL COUNTY, ILLINOIS, EXCEPTING THEREFROM RIGHT
OF WAY DEDICATED FOR ASHE ROAD AND GALENA ROAD AND ALSO;
EXCEPTING,
THAT PART OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT
THE NORTHWEST CORNER OF SAID SECTION 6; THENCE EAST ALONG THE NORTH LINE OF
SAID SECTION 6, A DISTANCE OF 19.508 CHAINS (1287.53 FEET); THENCE SOUTH 12 DEGREES
40 MINUTES WEST, 22.655 CHAINS (1495.23 FEET); THENCE SOUTH 89 DEGREES 25 MINUTES
WEST, 11.535 CHAINS (761.31 FEET); THENCE SOUTH 27 DEGREES 50 MINUTES 42 SECONDS
WEST, 765.57 FEET; THENCE SOUTH 72 DEGREES 01 MINUTES EAST, 437.71 FEET; THENCE
SOUTH 18 DEGREES 05 MINUTES WEST, 637.63 FEET TO THE NORTHERLY RIGHT OF WAY
LINE OF GALENA ROAD; THENCE SOUTH 77 DEGREES 03 MINUTES 31 SECONDS EAST
ALONG SAID NORTHERLY RIGHT OF WAY LINE OF GALENA ROAD, 187.93 FEET FOR THE
POINT OF BEGINNING; THENCE CONTINUING SOUTH 77 DEGREES 03 MINUTES 31 SECONDS
EAST ALONG SAID RIGHT OF WAY LINE 136.30 FEET TO A POINT OF CURVE; THENCE
CONTINUING EASTERLY ALONG SAID RIGHT OF WAY, BEING A CURVE TO THE LEFT,
HAVING A RADIUS OF 14,285.00 FEET AND CHORD BEARING SOUTH 78 DEGREES 06
MINUTES 11 SECONDS EAST, 189.98 FEET TO A POINT OF BEND IN SAID RIGHT OF WAY;
THENCE NORTH 14 DEGREES 08 MINUTES 51 SECONDS EAST ALONG SAID RIGHT OF WAY,
11
20.02 FEET TO A POINT OF BEND; THENCE EASTERLY ALONG SAID RIGHT OF WAY, BEING A
CURVE TO THE LEFT, HAVING A RADIUS OF 14,265.00 FEET AND CHORD BEARING SOUTH 79
DEGREES 23 MINUTES 57 SECONDS EAST, A DISTANCE OF 453.85 FEET TO A POINT OF
TANGENT; THENCE SOUTH 80 DEGREES 18 MINUTES 38 SECONDS EAST ALONG SAID RIGHT
OF WAY, 29.82 FEET; THENCE NORTH 10 DEGREES 46 MINUTES 28 SECONDS EAST, 528.48
FEET; THENCE NORTH 79 DEGREES 13 MINUTES 32 SECONDS WEST, 810.97 FEET; THENCE
SOUTH 10 DEGREES 46 MINUTES 28 SECONDS WEST, 541.53 FEET TO THE POINT OF
BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS,
ALSO EXCEPTING,
THAT PART OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN BEING DESCRIBED BY COMMENCING AT THE
NORTHWEST CORNER OF SAID SECTION 6; THENCE EAST ALONG THE NORTH LINE OF SAID
SECTION 6, A DISTANCE OF 19.508 CHAINS (1287.53 FEET) TO THE NORTHEAST CORNER OF
EQUESTRIAN ESTATES AT LEGACY FARMS; THENCE SOUTH 12 DEGREES 40 MINUTES WEST
ALONG THE EASTERLY LINE OF SAID SUBDIVISION AND SAID EAST LINE EXTENDED
SOUTHERLY, 22.655 CHAINS (1495.23 FEET); THENCE NORTH 89 DEGREES 25 MINUTES EAST,
29.67 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF ASHE ROAD AS
RELOCATED FOR THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 25 MINUTES 00
SECONDS WEST ALONG THE LAST DESCRIBED COURSE, A DISTANCE OF 618.59 FEET;
THENCE SOUTH 00 DEGREES 35 MINUTES EAST, AT RIGHT ANGLES TO THE LAST
DESCRIBED COURSE, A DISTANCE OF 355.09 FEET; THENCE NORTH 89 DEGREES 25
MINUTES EAST, A DISTANCE OF 683.60 TO A POINT ON THE WESTERLY RIGHT OF WAY LINE
OF ASHE ROAD; THENCE NORTHERLY ALONG SAID RIGHT OF WAY LINE, ALONG A CURVE
TO THE RIGHT HAVING A RADIUS OF 1482.39 FEET, WHOSE CHORD BEARS NORTH 10
DEGREES 57 MINUTES 30 SECONDS WEST, 360.99 FEET TO THE POINT OF BEGINNING IN THE
TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.
EXHIBIT B
LEGAL DESCRIPTION
THAT PART OF THE NORTH ½ OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 7 EAST
OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT
THE CENTER OF SAID SECTION 4; THENCE SOUTH 89 DEGREES 16 MINUTES 28
SECONDDS WEST ALONG THE HALF SECTION LINE, 1428.37 FEET; THENCE NORTH 0
DEGREES 56 MINUTES 40 SECONDS EAST, 232.35 FEET; THENCE NORTH 89 DEGREES
40 MINUTESS WEST, 291.15 FEET TO THE CENTER LINE OF ROB ROY DITCH; THENCE
NORTH 2 DEGREES 43 MINUTES 14 SECONDS EAST ALONG THE CENTER LINE OF
SAID DITCH, 300.01 FEET; THENCE NORTH 0 DEGREES 22 MINUTES 03 SECONDS
WEST ALONG SAID CENTER LINE, 781.86 FEET; THENCE NORTH 14 DEGREES 48
MINUTES 03 SECONDS EAST ALONG SAID CENTER LINE, 370.27 FEET; THENCE
NORTH 13 DEGREES 29 MINUTE 16 SECONDS EAST ALONG SAID CENTER 1431.20
FEET TO THE NORTH LINE OF SAID SECTION 4; THENCE SOUTH 89 DEGREES 39
MINUTES EAST ALONG SAID NORTH LINE, 2595.78 FEET TO THE EAST LINE OF THE
WEST ½ OF THE NORTHEAST ¼ OF SAID SECTION 4; THENCE SOUTH 0 DEGREES 03
MINUTES 50 SECONS EAST ALONG SAID EAST LINE, 3014.12 FEET TO THE SOUTH
LINE OF THE NORTH ½ OF SAID SECTION 4; THENCE SOUTH 89 DEGREES 16
MINUTES 28 SECONDS WEST ALONG SAID SOUTH LINE, 1324.92 FEET TO THE POINT
OF BEGINNING (EXCEPT THAT PART CONVEYED TO COMMONWEALTH EDISON
COMPANY BY THE DEED RECORDED FEBRUARY 5, 1973 AS DOCUMENT #73-532 AND
EXCEPT THAT PART FALLING WITHIN ILLINOIS ROUTE 47 AND U.S.ROUTE 30 AND
THAT PART FALLING TO THE WEST OF ILLINOIS ROUTE 47), (ALSO EXCEPT THAT
PART LYING NORTH OF SAID COMMONWEALTH EDISON COMPANY LAND
DESCRIBED IN DEED DOCUMENT 73-532), IN THE TOWNSHIP OF BRISTOL, KENDALL
COUNTY, ILLINOIS.
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1627713435.5
UTILITY AND INFRASTRUCTURE AGREEMENT BY AND BETWEEN THE
UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AND
PIONEER DEVELOPMENT, LLC
(Project Cardinal)
THIS UTILITY AND INFRASTRUCTURE AGREEMENT (the "Agreement"), is
made and entered as of the ____ day of ____________ 2026 (the "Effective Date"), by and between
the United City of Yorkville, Kendall County, Illinois (the “City”) and Pioneer Development, LLC,
an Illinois limited liability company (“Developer”), each a “Party”.
RECITALS:
1.1. 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.
1.2 Developer is the purchaser of real property consisting of approximately 1,037 acres
located west of North Bridge Street (Illinois State Route 47), east of Ashe Road, and directly south
of Baseline Road (the “Development Site”), legally described in Exhibit A attached hereto, which
Developer intends to develop as a secure data center campus (the “Project”).
1.3 In order to service the proposed Project at the Development Site, substantial
infrastructure improvements are required including an extension to the City’s water system; an
extension to the sewer system operated by the Yorkville Bristol Sanitary Sewer District (“YBSD”)
and the City of Yorkville; construction of improvements to the roadway systems of the City and
Kendall County; and, other public improvements such as a shared use path (collectively the
“Infrastructure Project”).
1.4 The Developer agrees that the City shall be responsible for the design, including
preparation of specifications, for each component of the Instructure Project, the administration,
construction inspection and oversight of the Infrastructure Project with all costs incurred by the
City for these services to be paid by the Developer. The Developer shall be responsible for the
construction of the Infrastructure Project and the payment of all costs in connection therewith.
1.5 The Developer further agrees to pay all costs incurred in connection with that
portion of the Infrastructure Project owned or controlled by the YBSD or Kendall County and to
enter an agreement with Kendall County and with the YBSD on or before the Effective Date of
this Agreement itemizing all of such improvements to such portion of the Infrastructure Project
and providing for the payment thereof.
1.6 Attached as Exhibit B to this Agreement is a list of the estimated cost for each
component of the Infrastructure Project as listed in Section 2.1 for a total of $33,006,980 (the
“Estimated Infrastructure Budget”). The Developer hereby agrees that this Estimated
Infrastructure Budget is solely an estimate, which may be increased or decreased upon receipt and
approval of all contracts for each of the components and any change orders thereafter and is not
intended to impose any limits on the total cost of the Infrastructure Project.
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1627713435.5
ARTICLE 2: DEVELOPER OBLIGATIONS
2.1 The Developer agrees to construct the Infrastructure Project at its sole cost in
accordance with the design and specifications prepared by the City, which includes the following
components:
A. Water Service improvements as detailed in Section 3.1;
B. Sanitary Sewer Service improvements as required by YBSD and the City and
detailed in Section 3.2;
C. Roadway improvements on roadways under the jurisdiction of the City and
roadway improvements under the jurisdiction of the County as detailed in
Section 3.3;
D. Acquisition of all easements and right of way required to construct any of the
foregoing.
2.2 In addition to the costs of the Infrastructure Project, the City shall conduct ongoing
traffic monitoring for the Development Site during construction and for a period of one year
following the issuance of the final certificate of occupancy to determine compliance with the traffic
estimates pursuant to the traffic study as set forth in 3.3. Developer shall be responsible for the
costs of such monitoring. If monitoring identifies material, Project‑related traffic impacts that
exceed those disclosed in the Project’s approved traffic study, Developer and the City shall meet
and confer in good faith to determine whether reasonable, proportionate measures are appropriate
to address such impacts. No additional mitigation, fees, or improvements shall be required unless
(i) the monitoring demonstrates a material, project‑attributable impact, and (ii) any such measures
are consistent with applicable law and proportionate to the impact identified.
2.3 Developer shall be responsible for the design and construction of the public shared
uses path as specified in Section 3.4.
ARTICLE 3:
3.1 Water Service to the Development Site.
Water Service shall be designed by the City and constructed by the Developer at its
sole cost and reviewed, approved and accepted (as applicable) by the City Engineer and
shall include:
(A) A 16” water main (on-site) to be constructed around the perimeter of the
Development Site in an easement and connected to the existing system
located in the Bristol Bay subdivision as shown in Exhibit C attached
hereto;
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1627713435.5
(B) A 16” water main (off-site) connecting to the City’s Northwest Elevated
Water Storage Tank located along the Eldamain Road, subject to a
recapture by the Developer from all properties benefitted from the
construction of this water main of the cost of the water main based on linear
frontage of benefitted properties after it has been completed and accepted
by the City pursuant to a recapture agreement in the form attached hereto as
Exhibit D (the “Recapture Agreement #1”) .
(C) The acquisition of all required easements;
(D) A water connection fee for each building in the amount of $255,600;
(E) Penalties for water usage at the Development Site which exceeds 1.7 times
the average daily use ratio as provided in Article 4; and
(F) All costs which may be incurred by the City in connection with any changes
required to be made to the City’s water system due to water usage at the
Development Site exceeding all water usage estimates as of the Effective
Date of this Agreement.
The Developer agrees, at its sole cost and expense, to design and construct all on-site water mains
to serve individual buildings which shall be privately owned and maintained. The City shall
require the Developer to convey to the City a 15’ utility easement for use in case of an emergency.
All private water mains shall be looped per City standards. The City shall require the installation
of backflow preventer devices which meet City standards and meters at all private water meter
connections to the City’s water main. The Developer shall own all on-site water mains and be
solely responsible for all maintenance, repair or replacement.
The estimated costs of items (A) through (F) are itemized on Exhibit E attached hereto.
3.2 Sanitary Service to the Development Site.
All improvements to the sanitary sewer system to service the Development Site,
not provided by YSBD, which shall be a part of the City’s sanitary sewer shall be designed by the
City and constructed by the Developer at its sole cost and shall be reviewed, approved and accepted
(as applicable) by the City Engineer. The estimated cost of this component include:
(A) A 16’ sanitary sewer to be constructed in an Easement as shown on Exhibit
F and estimated costs in Exhibit F1; and
(B) The acquisition of all required easements and rights-of-way necessary for
this sewer service.–
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1627713435.5
The Developer agrees, at its sole cost and expense, to design and construct all on-site sanitary
sewers to serve the individual buildings and to extend public sanitary to property boundaries in
accordance with City Code.
3.3 Roadway Improvements, as illustrated in Exhibit G1.
All roadway improvements deemed necessary by the City for the construction of
the Project shall be designed by the City and constructed by the Developer at its sole cost and
reviewed, approved and accepted (as applicable) by the City Engineer including:
(A) Ashe Road Resurfacing as detailed on Exhibit G attached hereto at an
estimated cost of $1,269,880 and costs of any right-of-way acquisition,
temporary or permanent easement acquisition, and public and private utility
relocation. Substantial completion of this resurfacing shall be in 2028, it being
understood that a detailed schedule for this resurfacing shall be prepared by
the City Engineer within thirty (30) days of the Effective Date of this
Agreement;
(B) Baseline Road Reconstruction as detailed on Exhibit H attached hereto
at an estimated cost of $7,756,890 and costs of any right-of-way acquisition,
temporary construction easement or private or public utility relocations; such
improvements to include left and right turn lanes to be installed pursuant to
an approved traffic study prepared by Burns and McDonnell. Completion of
this reconstruction shall be substantially completed in 2027, but in any event
prior to the issuance of any building permits for vertical construction in phase
1, it being understood that a detailed schedule for this reconstruction shall be
prepared by the City Engineer within thirty (30) days if the Effective Date of
this Agreement. In the event an alternate route to the Development other than
Baseline Road is constructed by the Developer and approved by the City,
approval for which shall not be unreasonably withheld, a building permit may
be issued for vertical construction; provided however, the Developer shall
submit a construction traffic management plan with each application of a
building permit as a part of the permitting process, for approval by City staff,
which shall not be unreasonably withheld. Failure to substantially comply
with the approved traffic management plan, after receipt of notice and an
opportunity to cure, shall result in a withholding of any additional building
permits until cured. The City shall use reasonable efforts to assist the
Developer in gaining compliance with the traffic management plan.
(C) Baseline Road and Ashe Road Intersection Improvements as detailed
on Exhibit I attached hereto at an estimated cost of $2,092,760 and costs of
any right-of-way acquisition, temporary construction easement or private or
public utility relocations; such improvements to include left and right turn
lanes to be installed pursuant to an approved traffic study prepared by Burns
and McDonnell. Completion of these intersection improvements shall be in
2028 and the installation of the signals and equipment shall be in 2029, it
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1627713435.5
being understood that a detailed schedule shall be prepared by the City
Engineer within thirty (30) days of the Effective Date of this Agreement;
(C) Any costs in addition to those costs listed above which may be incurred
for the acquisition of rights-of-way, temporary and permanent easement
acquisitions, and public or private utility relocations; and
(D) Reconstruction of Galena Road, which is under the jurisdiction of
Kendall County, shall be designed and constructed by Kendall County or the
Developer as agreed to by the County and the Developer, such road
improvements to include the widening of Galena Road to three lanes from
Eldamain Road to Rt 47 pursuant to the approved traffic study by Burns and
McDonnell. The cost of such reconstruction shall be shared by the Developer
and Prologis, L.P. in accordance with the linear feet of the reconstructed
roadway. It is anticipated that the Developer shall be responsible for 85% of
the cost and Prologis L.P. shall be responsible for 15% of the cost to be
reflected in a recapture agreement with the right of recapture to the Developer
or Prologis L.P, whichever directs the County to proceed with the
reconstruction in the form attached hereto as Exhibit J (the “Recapture
Agreement #2”). It is anticipated to be substantially completed in 2028,
subject to a detailed schedule prepared by Kendall County. The City shall take
all reasonable steps to support the Developer in obtaining permits from
Kendall County and the Kendall County Highway Engineer.
The Developer shall submit a construction traffic management plan with an
application for each building permit which plan shall be a part of the building permit process.
Failure to comply with the approved management plan shall result in a denial of any additional
building permits.
It is understood and agreed that the City Engineer and the City work with the Developer
to establish timelines to bid all roadway projects and commence construction in accordance with
the proposed timelines and to complete the construction of each of the aforesaid improvements
prior to the issuance of building permits for vertical construction for each phase of the Project,
subject to “Force Majeure Delays “as defined in Section 6.3.
3.4 Developer shall construct a “Shared Use Path” that is ten (10) feet in width around
the perimeter of the Development Site as illustrated on the Proposed Path Location map, attached
hereto as Exhibit K. The Shared Use Path shall be completed and available for use on or before
the issuance of the first certificate of occupancy for a building at the Development Site, subject to
temporary closure as required for allow for future construction phases. The Shared Use Path shall
be constructed per City standards and shall be laid out in a meandering and organic route. Upon
completion of construction, the Developer shall grant to the City a permanent easement for public
access and maintenance of the Shared Use Path by the City. The Developer shall be responsible
for the maintenance of all landscaping, lawns, and natural features surrounding the Shared Use
Path.
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1627713435.5
3.5 Notwithstanding anything to the contrary in the PUD Agreement between the
Developer and the City (including, without limitation, Sections 2.17 and 4.5) or the Annexation
Agreement, Developer is hereby authorized to install, operate, and maintain solid oxide energy
servers and integral operational equipment (collectively, "Energy Systems") as the Project’s
primary or backup power source and all in accordance with the approved Site Plan. For all zoning
and permitting purposes, such Energy Systems shall constitute approved utility infrastructure. To
ensure municipal revenue neutrality, Developer shall remit an annual payment to the City
equivalent to the Municipal Electricity Tax that would have been collected had the kilowatt-hours
actually generated by the Energy Systems been purchased directly from the local utility provider.
Developer shall maintain a metering system to accurately record generation, permit City audits of
such records upon reasonable written notice, and remit payments of amounts equal to the
Municipal Electricity Tax that would have been collected if such energy had been purchased from
the local utility provider on a quarterly basis. If Developer fails to remit a required payment and
such failure remains uncured for thirty (30) days following written notice from the City, the City
shall have the right to suspend Developer's authorization to operate the applicable Energy Systems
until all outstanding amounts are paid in full. This payment obligation applies solely during periods
of active generation and shall immediately cease upon the idling or decommissioning of the Energy
Systems
3.6 Developer shall use only Hydrotreated Vegetable Oil (HVO) or Biodiesel for on-
site backup generation, strictly limited to maintenance and testing. However, during a grid
emergency declared by ComEd, PJM, FERC, or a similar authority, the Developer may use
standard diesel or similar fuel if HVO or Biodiesel is commercially unavailable.
ARTICLE 4: CITY OBLIGATIONS
4.1 Water Allocation. The City acknowledges that the provision of adequate amounts
of potable water is essential for the development of the Project. The City will provide water for
use at Development Site in accordance with the following table and by the applicable Delivery
Date (the "Water Allocation"):
(Average Day)
(Maximum Day)
Water 42,000 gallons per day 71,400 gallons per
day
The City shall charge for water and sewer services based on actual usage in accordance with the
then-existing tariff rates charged to industrial customers for similar water and sewer services.
Water usage shall be monitored concurrently with the City’s utility billing cycles; provided
however, in the event the usage exceeds the average daily estimates of each utility billing cycle,
or if any one day exceeds 1.7 times the daily use ratio established by the City’s water provider, the
City shall impose a penalty equal to two times the then-existing volumetric water rate on either (a)
the difference between the observed average day and the estimated average day for the entire
billing cycle or (b) the difference between the observed maximum day usage and the estimated
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1627713435.5
maximum day usage, whichever is less, until compliance with the water allocation standards are
met or further improvements to the water service system are completed at the sole cost of the
Developer. The Infrastructure Project will provide water and sewer services at the Project site
boundary.
4.2 Right-of-way and Easement Acquisition. The City shall secure any roadway
dedications, temporary construction easements and exclusive permanent easements during final
design of each component of the Infrastructure Project at the sole cost of the Developer in
accordance with Section 4.4.
4.3 The City acknowledges that the Sanitary Sewer improvements described in Section
3.2 will provide capacity, access and other direct benefits to properties beyond the Project (the
“Shared Improvements”). To ensure equitable cost allocation, the City shall enter into a recapture
agreement with other property owners or developers to be responsible for their proportionate share
of the costs of the Shared Improvements, to the extent permitted by applicable law(the “Recapture
Agreement #3”) The form of Recapture Agreement #3 is attached hereto as Exhibit L.
4.4 Easement and Right of Way Acquisition. In the event the City notifies the
Developer that after exercising commercially reasonable efforts that the City is unable to obtain
any Easement or Right of Way necessary to complete any of the Improvements contemplated by
this Agreement or to route any utility infrastructure required to serve the Project then the City
confer with the Developer to determine if the Developer desires to instruct the City to increase its
offer for the Easement or the Right Of Way or shall commence the eminent domain proceedings
necessary for such acquisition, pursuant to its typical and customary processes for eminent domain.
The Developer shall reimburse the City for all of its costs and expenses incurred with the eminent
domain process. These costs and expenses shall include but not be limited to the costs of attorneys,
appraisers, expert witnesses and awards.
4.5 The City shall not unreasonably withhold, condition, or delay granting the
Developer the necessary non-exclusive licenses, franchises, or right-of-way use agreements to
install, operate, and maintain infrastructure serving the Project across, over, or under adjacent City-
controlled rights-of-way at Developer’s designated points of entry, subject only to the Developer’s
compliance with uniformly applied municipal permitting requirements and adopted fee schedules.
ARTICLE 5: OVERSIGHT RIGHTS OF THE CITY AND REIMBURSEMENT FOR
COSTS
5.1 The Developer agrees to advise the City Engineer of the name of any contractor
chosen to construct any portion of the Infrastructure Project for the purpose of informing the
Developer of past experiences and difficulties, if any, with such a contractor.
5.2 The Developer shall reimburse the City for all reasonable and documented costs
incurred by the City in connection with the design, administration, and construction inspection and
oversight of the Infrastructure Project (“Oversight Costs”). The City shall invoice the Developer
for an estimated cost of such Oversight Costs from time to time as incurred. The Developer shall
pay each invoice issued by the City within thirty (30) days after the Developer’s receipt of the
8
1627713435.5
invoice. Work will commence upon receipt of payment of the invoice. At the completion of each
of the components of the Infrastructure Project, the parties agree to determine any amounts due
from the Developer or any refunds due from the City to the Developer. Any invoice not paid
within such thirty (30) day period shall accrue a late payment charge equal to 1.5% per month (or
the maximum rate permitted by law, if less), calculated from the date payment was due until the
date payment is received in full.
5.3 In addition to all other remedies provided for in this Agreement, the City may
suspend review, inspection, or other Infrastructure Project-related services if any invoice remains
unpaid for more than sixty (60) days, without liability to the Developer, until all outstanding
amounts, including applicable late charges, are paid in full provided the City delivers written notice
to the Developer specifying the amount due at least fifteen (15) days prior to such suspension.
Notwithstanding the foregoing, the City shall not suspend its review, inspection or services as
necessary to protect public interests.
ARTICLE 6: IN GENERAL
6.1 The term of this Agreement shall commence upon the execution of this Agreement
by the parties and shall terminate on the twentieth (20th) anniversary of the Effective Date.
6.2 In the event of a default, the non-defaulting party shall give no less than ten (10)
business days’ notice to the defaulting party. No default under this Agreement shall entitle any
Party to terminate, cancel or otherwise rescind this Agreement; provided, however, this limitation
shall not affect any other rights or remedies the Parties may have by reason of any default under
this Agreement.
6.3 Neither the City nor Developer, nor any successor in interest to either of them, shall
be considered in breach of or in default of its obligations under this Agreement in the event of any
delay caused by nationally recognized pandemic or epidemic, governmental restrictions, takings,
and limitations arising subsequent, war, state or national emergency, government mandated
closures, damage or destruction by fire or other casualty, strike, shortage of material, unusually
adverse weather conditions such as, by way of illustration and not limitation, severe rain storms or
below-freezing temperatures of abnormal degree or for an abnormal duration, tornadoes or
cyclones, delays caused by Commonwealth Edison, the Illinois Commerce Commission, the
Illinois Power Agency, PJM, the Federal Energy Regulatory Commission (each, a “Third-Party
Regulator”) and other events or conditions beyond the reasonable control of the Party affected
which in fact interferes with the ability of such Party to discharge its obligations hereunder (in
each case, a “Force Majeure Delay”). In each case where a Party hereto believes its performance
of any specific obligation, duty or covenant is delayed or impaired by reason of an event of Force
Majeure Delay, the Party claiming the benefit of this Section 6.3 shall notify the other Party of the
nature of the event claimed to constitute Force Majeure Delay and, specifically, the obligation,
duty or covenant which it believes is delayed or impaired by reason of the designated event. If a
Party is claiming a Force Majeure Delay due to the acts or omissions of a Third-Party Regulator,
the Party shall advise the City of the date the Party was informed of the delay, the reason for the
delay, demonstrate that it has used reasonable efforts to avoid or mitigate the delay, including
seeking alternative means of performance, that the delay results directly from the Third-Party
9
1627713435.5
Regulator’s inability to perform despite such efforts and the estimated date performance shall
resume. Notification shall be provided in accordance with Section 6.9. Performance of the
obligation, duty or covenant impaired by reason of the designated event shall be tolled for that
period of time reasonably necessary to remove or otherwise cure the impediment to performance
and the Party relying on the event of Force Majeure Delay shall be obligated to pursue such remedy
or cure with reasonable diligence given the nature of the impairment, to the extent the same may
be reasonably cured. In no case shall an event of Force Majeure Delay toll the performance of any
obligation, duty or covenant not directly implicated in the claimed event of Force Majeure Delay.
Further, nothing herein shall be deemed to preclude the right of the Party entitled, by the terms of
this Agreement, to receive the performance of any obligation, duty or covenant to challenge the
validity of a claimed event of Force Majeure Delay.
6.4 This Agreement shall be binding upon and inure to the benefit of the successor of
either party hereto and any successor 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 party to this
Agreement, approval of which shall not be unreasonably withheld, provided that such successors
demonstrate financial capability and operational experience.
6.5 In the event of any violation or threatened violation of any of the provisions of this
Agreement by a Party, such Party shall have the right to apply to a court of competent jurisdiction
for an injunction against such violation or threatened violation, and/or for a decree of specific
performance.
6.6 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 unenforceable that provision shall be deemed severed from this Agreement or as
otherwise modified by the court.
6.7 This Agreement may only be amended, modified or terminated by a written
instrument signed by the parties.
6.8 This Agreement shall be interpreted and construed in accordance with the laws of
the State of Illinois.
6.9 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:
10
1627713435.5
To the City: United City of Yorkville
651 Prairie Pointe
Yorkville, Illinois 60560
Attention: City Administrator
bolson@yorkville.il.us
With a Copy to: Ottosen DiNolfo Hasenbalg & Castaldo, Ltd.
2441 Warrenville Road, Suite 310
Lisle, Illinois 60532
Attn: Kathleen Field Orr
kfo@ottosenlaw.com
To Developer:
With a copy to:
6.10 This Agreement may be executed in multiple counterparts, each of which shall be
deemed to be and shall constitute one and the same instrument.
6.11 No party will be liable to the other party, FOR ANY INDIRECT, INCIDENTAL
OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES
RESULTING FROM LOSS OF PROFITS, INTERRUPTION OR LOSS OF BUSINESS, LOST
GOODWILL, LOST REVENUE AND LOST OPPORTUNITY) ARISING OUT OF ANY OF
THE TERMS OR CONDITIONS OF THIS AGREEMENT.
6.12 In the event of any litigation involving this Agreement, the non-prevailing party in
such litigation will pay to the prevailing party the attorneys’ fees and costs incurred by the
prevailing party in connection with such litigation.
[SIGNATURE PAGE TO FOLLOW]
11
1627713435.5
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their duly authorized officers on the Effective Date.
United City of Yorkville Attest:
By: By:
Mayor
Date: , 2026
Pioneer Development, LLC
By:
Date: , 2026
1627713435.5
SCHEDULE OF EXHIBITS
Exhibit A Legal Description of the Development
Exhibit B Infrastructure Projects Cost Estimate
Exhibit C Proposed Water Main Improvements
Exhibit D Recapture Agreement #1
Exhibit E Water Service Cost Estimate
Exhibit F Sanitary Sewer Map
Exhibit F1 Sanitary Sewer Cost Estimate
Exhibit G1 Transportation Improvement Map
Exhibit G Ashe Road Cost Estimate
Exhibit H Baseline Road Reconstruction Cost Estimate
Exhibit I Baseline and Ashe Road Intersection Improvements Cost Estimate
Exhibit J Recapture Agreement #2
Exhibit K Shared Use Path Map
Exhibit L Recapture Agreement #3
Other informational exhibits:
Proposed Infrastructure Schedules for roadway, water, and sewer
1
EXHIBIT A
LEGAL DESCRIPTION
PINS BY OWNER
Galena & 47TH LLC, MPLIV10 LLC PIN: 02-05-300-003 CITY OF YORKVILLE
PIN: 02-04-300-032 CITY OF YORKVILLE
PIN: 02-04-300-024 CITY OF YORKVILLE
PIN: 02-05-400-021 CITY OF YORKVILLE
PIN: 02-09-100-031 CITY OF YORKVILLE
PIN: 02-09-100-030 CITY OF YORKVILLE
Sanjay & Sameer Gupta PIN: 02-04-100-015 CITY OF YORKVILLE
PIN: 02-05-200-007 UNINCORPORATED
The Konicek Family Limited Partnership PIN: 02-06-100-022 UNINCORPORATED
DALE L. KONICEK, LLC PIN: 02-06-200-002 CITY OF YORKVILLE
PIN: 02-05-400-022 CITY OF YORKVILLE
PIN: 02-05-200-006 CITY OF YORKVILLE
PIN: 02-04-100-016 CITY OF YORKVILLE
PIN: 02-06-400-008 UNINCORPORATED
PIN: 02-06-200-003 UNINCORPORATED
PIN: 02-05-100-003 UNINCORPORATED
PIN: 02-05-100-005 UNINCORPORATED
PIN: 02-05-400-009 CITY OF YORKVILLE
PIN: 02-04-300-018 CITY OF YORKVILLE
PIN: 02-04-300-017 CITY OF YORKVILLE
LEGAL DESCRIPTION
OWNER: Sanjay & Sameer Gupta
PARCEL 1:
THAT PART OF LOT 2 OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF THE
GOVERNMENT SURVEY OF SAID SECTION 5 DESCRIBED AS FOLLOWS: COMMENCING AT
THE SOUTHEAST CORNER OF SAID LOT 2; THENCE WEST 40 CHAINS (RECORD), 2652.01
FEET (MEASURED) TO THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH 38 1/2
LINKS (RECORD), 24.51 FEET (MEASURED) TO THE SOUTH BANK OF A DITCH; THENCE
SOUTH 89 DEGREES 30 MINUTES EAST (RECORD), NORTH 88 DEGREES 05 MINUTES 41
SECONDS EAST (MEASURED), 2593.76 FEET (MEASURED) TO THE POINT OF BEGINNING;
THENCE NORTH 01 DEGREES 54 MINUTES 03 SECONDS WEST, 232.55 FEET TO A POINT ON A
NON-TANGENT CURVE; THENCE NORTHEASTERLY 68.93 FEET ALONG A CURVE TO THE
LEFT, HAVING A RADIUS OF 533.00 FEET AND WHOSE CHORD BEARS NORTH 59 DEGREES 57
MINUTES 33 SECONDS EAST, 68.88 FEET TO A POINT ON THE EAST LINE OF SAID LOT 2;
THENCE SOUTH 01 DEGREES 16 MINUTES 25 SECONDS EAST ALONG SAID EAST LINE, 265.04
2
FEET TO THE SOUTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 88 DEGREES 05
MINUTES 41 SECONDS WEST, 57.84 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP
OF BRISTOL, KENDALL COUNTY, ILLINOIS.
PARCEL 2:
THAT PART OF LOT 2 OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 37 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF THE
GOVERNMENT SURVEY OF SAID SECTION 4 DESCRIBED AS FOLLOWS: BEGINNING AT THE
NORTHWEST CORNER OF SAID SECTION; THENCE SOUTH ON THE SECTION LINE 26.80
CHAINS; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID SECTION, 14.30 CHAINS;
THENCE IN A NORTHEASTERLY DIRECTION TO A POINT ON THE NORTH LINE OF SAID
SECTION, 20.67 CHAINS EAST OF THE POINT OF BEGINNING; THENCE WEST ALONG THE
SECTION LINE TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THAT PART OF LOT
2 LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT THE
SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH 01 DEGREES 16 MINUTES 25
SECONDS WEST, ALONG THE WEST LINE OF SAID LOT 2, A DISTANCE OF 265.04 FEET TO A
POINT ON A NON-TANGENT CURVE; THENCE NORTHEASTERLY 531.35 FEET ALONG A
CURVE TO THE LEFT, HAVING A RADIUS OF 533.00 FEET AND WHOSE CHORD BEARS
NORTH 27 DEGREES 41 MINUTES 44 SECONDS EAST, 509.62 FEET TO A POINT OF TANGENCY,
THENCE NORTH 00 DEGREES 51 MINUTES 49 SECONDS WEST 150.53 FEET, THENCE NORTH
89 DEGREES 08 MINUTES 11 SECONDS EAST, PERPENDICULAR TO THE LAST DESCRIBED
LINE, 110.00 FEET; THENCE NORTH 00 DEGREES 51 MINUTES 49 SECONDS WEST
PERPENDICULAR TO THE LAST DESCRIBED LINE, 912.39 FEET TO A POINT ON THE NORTH
LINE OF SAID LOT 2, SAID POINT BEING 364.44 FEET EAST OF THE NORTHWEST CORNER OF
SAID SECTION 4 (AS MEASURED ALONG SAID NORTH LINE) AND SAID POINT ALSO BEING
THE POINT OF TERMINUS; IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.
OWNER: Galena & 47th LLC and MPLIV10LLC
PARCEL 1:
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 4 AND THE NORTHWEST QUARTER
OF SECTION 9, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID
SOUTHWEST QUARTER; THENCE SOUTH 01 DEGREE 19 MINUTES 09 SECONDS EAST ALONG
THE EAST LINE OF SAID SOUTHWEST QUARTER, 990.0 FEET (15 CH.) TO THE NORTHEAST
CORNER OF LANDS DESCRIBED IN BOOK 163 AT PAGE 473; THENCE SOUTH 01 DEGREE 19
MINUTES 09 SECONDS EAST ALONG SAID EAST LINE, 1.84 FEET TO A POINT ON THE
SOUTHERLY LINE OF LANDS DESCRIBED IN BOOK 152 AT PAGE 392; THENCE SOUTH 87
DEGREES 52 MINUTES 56 SECONDS WEST ALONG SAID SOUTHERLY LINE AND THE
WESTERLY EXTENSION THEREOF, 1722.34 FEET TO ITS INTERSECTION WITH THE
WESTERLY LINE OF THE RIGHT-OF-WAY OF ILLINOIS ROUTE 47 AS RECORDED IN
DOCUMENT 907257 FOR A POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 09 MINUTES
41 SECONDS EAST ALONG SAID WESTERLY LINE, 128.76 FEET; THENCE NORTH 89 DEGREES
50 MINUTES 19 SECONDS EAST ALONG SAID WESTERLY LINE, 10.0 FEET; THENCE SOUTH 00
DEGREES 09 MINUTES 41 SECONDS EAST ALONG SAID WESTERLY LINE, 787.46 FEET;
THENCE SOUTHERLY ALONG SAID WESTERLY LINE, BEING A CIRCULAR CURVE HAVING A
RADIUS OF 1596.42 FEET CONCAVE TO THE WEST, THE CHORD OF WHICH BEARS SOUTH 13
DEGREES 43 MINUTES 37 SECONDS WEST, 773.94 FEET TO ITS INTERSECTION WITH THE
SOUTH LINE OF SAID SOUTHWEST QUARTER, SAID POINT BEARING NORTH 87 DEGREES 56
MINUTES 55 SECONDS EAST, 719.99 FEET FROM THE SOUTHWEST CORNER OF SAID
SOUTHWEST QUARTER; THENCE CONTINUING SOUTHERLY ALONG SAID WESTERLY LINE,
BEING A CIRCULAR CURVE HAVING A RADIUS OF 1596.42 FEET CONCAVE TO THE WEST,
3
THE CHORD OF WHICH BEARS SOUTH 31 DEGREES 17 MINUTES 50 SECONDS WEST, 205.17
FEET; THENCE SOUTH 34 DEGREES 58 MINUTES 45 SECONDS WEST ALONG SAID WESTERLY
LINE, 88.42 FEET TO THE CENTER LINE OF THE CHICAGO-GALENA ROAD; THENCE NORTH 74
DEGREES 20 MINUTES 53 SECONDS WEST, 41.71 FEET TO AN EASTERLY LINE OF SAID
LANDS DESCRIBED IN BOOK 152 AT PAGE 392; THENCE NORTH 29 DEGREES 07 MINUTES 39
SECONDS EAST ALONG SAID EASTERLY LINE, 267.87 FEET TO SAID SOUTH LINE OF SAID
SOUTHWEST QUARTER; THENCE NORTH 87 DEGREES 56 MINUTES 55 SECONDS EAST
ALONG SAID SOUTH LINE, 9.74 FEET TO A POINT ON THE WESTERLY LINE OF SAID LANDS
DESCRIBED IN BOOK 163 AT PAGE 473; THENCE NORTH 27 DEGREES 39 MINUTES 29
SECONDS EAST ALONG SAID WESTERLY LINE, 366.26 FEET; THENCE NORTH 00 DEGREES 54
MINUTES 29 SECONDS EAST ALONG SAID WESTERLY LINE, 756.55 FEET; THENCE
DEPARTING FROM SAID WESTERLY LINE NORTH 02 DEGREES 12 MINUTES 23 SECONDS
EAST, 581.48 FEET TO A POINT OF THE SOUTHERLY LINE OF SAID LANDS DESCRIBED IN
BOOK 163 AT PAGE 473; THENCE NORTH 87 DEGREES 52 MINUTES 56 SECONDS EAST
ALONG SAID SOUTHERLY LINE, 22.15 FEET TO THE POINT OF BEGINNING IN KENDALL
COUNTY, ILLINOIS.
PARCEL 2:
THAT PART OF THE SOUTHEAST 1/4 OF SECTION 5, THAT PART OF THE SOUTHWEST 1/4 OF
SECTION 4, THAT PART OF THE NORTHEAST 1/4 OF SECTION 8 AND THAT PART OF THE
NORTHWEST 1/4 OF SECTION 9, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE IRON ROD
MONUMENTING THE SOUTHEAST CORNER OF SECTION 5; THENCE NORTH 01 DEGREE 15
MINUTES 55 SECONDS WEST ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID
SECTION 5, A DISTANCE OF 1,550.82 FEET; THENCE NORTH 88 DEGREES 44 MINUTES 05
SECONDS EAST 409.15 FEET PERPENDICULAR TO THE LAST DESCRIBED COURSE TO THE
POINT OF BEGINNING; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST 221.96
FEET; THENCE NORTH 37 DEGREES 44 MINUTES 29 SECONDS EAST 115.96 FEET; THENCE
SOUTH 89 DEGREES 12 MINUTES 43 SECONDS EAST 196.55 FEET TO THE CENTERLINE OF THE
ROB ROY DITCH; THENCE SOUTH 02 DEGREES 13 MINUTES 10 SECONDS WEST 1,336.52 FEET
ALONG SAID CENTERLINE; THENCE SOUTH 29 DEGREES 12 MINUTES 38 SECONDS WEST
600.81 FEET TO THE CENTERLINE OF GALENA ROAD AS NOW ESTABLISHED; THENCE
NORTH 73 DEGREES 55 MINUTES 29 SECONDS WEST ALONG SAID CENTERLINE 677.76 FEET;
THENCE NORTH 02 DEGREES 56 MINUTES 50 SECONDS WEST 348.47 FEET; THENCE NORTH
16 DEGREES 11 MINUTES 58 SECONDS EAST 599.13 FEET; THENCE NORTH 28 DEGREES 26
MINUTES 55 SECONDS EAST 750.54 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL
COUNTY, ILLINOIS.
PARCEL 3:
THAT PART OF THE WEST HALF OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7, EAST OF
THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 5; THENCE
NORTHERLY ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER 642.93 FEET TO A
POINT WHICH IS 162.00 FEET SOUTHERLY OF THE ORIGINAL CENTER LINE OF GALENA
ROAD; THENCE WESTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 102 DEGREES 56
MINUTES 02 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE
THEREFROM, 100.00 FEET TO A POINT WHICH IS
169.50 FEET, AS MEASURED PARALLEL WITH SAID EAST LINE SOUTHERLY OF SAID
ORIGINAL CENTER LINE TO THE POINT OF BEGINNING; THENCE NORTHERLY PARALLEL
WITH SAID EAST LINE, 14.66 FEET TO THE PRESENT CENTER LINE OF GALENA ROAD AS
DEPICTED ON A PLAT RECORDED JUNE 5, 1964 AS DOCUMENT NUMBER 145193; THENCE
WESTERLY ALONG SAID PRESENT CENTER LINE, 1675.69 FEET TO A POINT OF CURVATURE;
THENCE WESTERLY ALONG SAID PRESENT CENTER LINE BEING ALONG A TANGENTIAL
4
CURVE TO THE RIGHT HAVING A RADIUS OF 42,975.00 FEET, 933.19 FEET; THENCE
WESTERLY, ALONG SAID PRESENT CENTER LINE, 64.12 FEET TO THE WEST LINE OF SAID
SOUTHWEST QUARTER; THENCE NORTHERLY ALONG SAID WEST LINE, 957.16 FEET TO THE
NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTHERLY ALONG THE
WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 5, 920.88 FEET TO A POINT
WHICH IS 2,316.00 FEET SOUTHERLY OF THE NORTHWEST CORNER OF SAID NORTHWEST
QUARTER; THENCE EASTERLY, 2,651.03 FEET TO A POINT ON THE EAST LINE OF SAID WEST
HALF WHICH IS 2,326.70 FEET SOUTHERLY OF THE NORTHEAST CORNER OF SAID
NORTHWEST QUARTER; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID WEST HALF,
2,686.96 FEET TO SAID ORIGINAL CENTER LINE; THENCE WESTERLY ALONG SAID
ORIGINAL CENTER LINE, 101.94 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP,
KENDALL COUNTY, ILLINOIS.
OWNER: Dale L. Konicek, LLC
TRACT 1:
THAT PART OF THE EAST HALF OF SECTION 5 AND THAT PART OF THE WEST HALF OF
SECTION 4, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE IRON PIPE MONUMENT THE
SOUTHEAST CORNER OF SAID SECTION 5; THENCE NORTH 01 DEGREE 15 MINUTES 55
SECONDS WEST ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 5, A
DISTANCE OF 1730.13 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 27
MINUTES 29 SECONDS WEST 362.35 FEET; THENCE NORTH 00 DEGREES 32 MINUTES 31
SECONDS EAST 2025.23 FEET TO THE SOUTHERLY LINE OF COMMONWEALTH EDISON
COMPANY PROPERTY DESCRIBED IN DOCUMENT 73-2720; THENCE NORTH 87 DEGREES 56
MINUTES 31 SECONDS EAST ALONG SAID SOUTHERLY LINE 1,222.89 FEET TO THE
CENTERLINE OF ROB ROY DITCH; THENCE SOUTH 03 DEGREES 43 MINUTES 10 SECONDS
EAST ALONG SAID CENTERLINE 577.07 FEET; THENCE SOUTH 01 DEGREE 49 MINUTES 41
SECONDS WEST ALONG SAID CENTERLINE 298.55 FEET; THENCE NORTH 89 DEGREES 00
MINUTES 53 SECONDS EAST 15.64 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF
ILLINOIS ROUTE 47 PER DOCUMENT 907256 AND 907257; (THE NEXT 5 CALLS ARE ALONG
SAID WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 PER DOCUMENT 907256 AND
907257) THENCE SOUTH 00 DEGREES 09 MINUTES 46 SECONDS EAST 170.64 FEET; THENCE
NORTH 89 DEGREES 50 MINUTES 14 SECONDS EAST 10.00 FEET; THENCE SOUTH 00 DEGREES
09 MINUTES 46 SECONDS EAST 1,000.00 FEET; THENCE SOUTH 89 DEGREES 50 MINUTES 14
SECONDS WEST 10.00 FEET; THENCE SOUTH 00 DEGREES 09 MINUTES 46 SECONDS EAST
36.62 FEET; THENCE NORTH 89 DEGREES 27 MINUTES 29 SECONDS WEST 925.95 FEET TO THE
POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS.
TRACT 2:
THAT PART OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7
EAST, LYING NORTHERLY OF A LINE EXTENDING EASTERLY FROM A POINT ON THE WEST
LINE OF SAID NORTHWEST QUARTER, 2316 FEET SOUTH OF THE NORTHWEST CORNER OF
SAID SECTION 5, TO A POINT ON THE NORTH AND SOUTH CENTERLINE OF SAID SECTION,
2326.7 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION AND LYING
SOUTHERLY OF THE COMMONWEALTH EDISON COMPANY RIGHT OF WAY LINE
PURSUANT TO DOCUMENT 73-2720, IN KENDALL COUNTY, ILLINOIS.
ALSO;
THAT PART OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT
THE NORTHEAST CORNER OF SAID SECTION 6, THENCE SOUTH ON THE EAST LINE OF SAID
SECTION 6, A DISTANCE OF 2460.05 FEET TO THE INTERSECTION WITH THE MOST
5
SOUTHERLY LINE OF PROPERTY CONVEYED TO LASALLE NATIONAL BANK, AS TRUSTEE
UNDER TRUST AGREEMENT DATED JULY 15, 1966 AND KNOWN AS TRUST NUMBER 35339,
BY A DEED DATED JANUARY 31, 1972 AND RECORDED JANUARY 31, 1972 AS DOCUMENT
72-467 TO THE POINT OF BEGINNING, THENCE WESTERLY ALONG THE SOUTHERLY LINE OF
SAID PROPERTY CONVEYED TO LASALLE NATIONAL BANK, AS TRUSTEE UNDER TRUST
NUMBER 35339, WHICH FORMS AN ANGLE OF 89 DEGREES 57 MINUTES 27 SECONDS TO THE
LEFT WITH THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 812.66 FEET, THENCE
NORTH 90 DEGREES 25 MINUTES 49 SECONDS TO THE RIGHT WITH THE PROLONGATION OF
THE LAST DESCRIBED COURSE, A DISTANCE OF 366.94 FEET, THENCE EASTERLY 88
DEGREES 43 MINUTES 04 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST
DESCRIBED COURSE, A DISTANCE OF 809.73 FEET TO THE EAST LINE OF SAID SECTION 6,
THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 378.96 FEET TO
THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS.
ALSO;
THAT PART OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT
THE NORTHEAST CORNER OF SAID SECTION 6, THENCE SOUTH ON THE EAST LINE OF SAID
SECTION 6, A DISTANCE OF 2474.60 FEET FOR THE POINT OF BEGINNING OF THE TRACT
HEREIN DESCRIBED, THENCE WESTERLY ON A LINE WHICH FORMS AN ANGLE OF 90
DEGREES 57 MINUTES 19 SECONDS TO THE RIGHT WITH THE EAST LINE OF SAID SECTION 6,
A DISTANCE OF 812.66 FEET, THENCE NORTH ALONG A LINE 89 DEGREES 31 MINUTES 03
SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED LINE, A
DISTANCE OF 1.61 FEET TO THE INTERSECTION WITH THE MOST SOUTHERLY LINE OF THE
PROPERTY CONVEYED TO LASALLE NATIONAL BANK, AS TRUSTEE UNDER TRUST
AGREEMENT DATED JULY 15, 1966 AND KNOWN AS TRUST NUMBER 35339 BY DEED DATED
JANUARY 31, 1972 AND RECORDED JANUARY 31, 1972 AS DOCUMENT 72-467, THENCE
EASTERLY ON THE SOUTHERLY LINE OF SAID PROPERTY CONVEYED TO THE LASALLE
NATIONAL BANK, A DISTANCE OF 812.66 FEET TO A POINT ON THE EAST LINE OF SAID
SECTION 6, THENCE SOUTHERLY ON SAID EAST LINE,
13.55 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS.
TRACT 3:
LOT 2 OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF THE GOVERNMENT SURVEY
OF SAID SECTION 5 (EXCEPT THAT PART DESCRIBED AS FOLLOWS: BEGINNING AT THE
SOUTHEAST CORNER OF SAID LOT 2, THENCE WEST 40 CHAINS TO THE SOUTHWEST
CORNER OF SAID LOT, THENCE NORTH 38 1/2 LINKS TO THE SOUTH BANK OF DITCH,
THENCE SOUTH 89 DEGREES 30 MINUTES 00 SECONDS EAST 40 CHAINS TO THE POINT OF
BEGINNING AND EXCEPTING THEREFROM THAT PART OF THE NORTHEAST 1/4 OF SECTION
5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED
AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID NORTHEAST 1/4,
1961.60 FEET EAST OF THE NORTHWEST CORNER OF SAID NORTHEAST 1/4, THENCE EAST
ALONG SAID NORTH LINE
667.0 FEET, THENCE SOUTH AT RIGHT ANGLES TO SAID NORTH LINE, 396.0 FEET, THENCE
WEST AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 667.0 FEET, THENCE NORTH
AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 396.0 FEET TO THE POINT OF
BEGINNING, AND ALSO EXCEPTING THAT PART OF LOT 2 OF THE NORTHEAST QUARTER
OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT OF THE GOVERNMENT SURVEY OF SAID SECTION 5 DESCRIBED
AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 2, THENCE WEST
40 CHAINS (RECORD), 2652.01 FEET (MEASURED) TO THE SOUTHWEST CORNER OF SAID
LOT 2, THENCE NORTH 38 1/2 LINKS (RECORD), 25.41 FEET (MEASURED) TO THE SOUTH
6
BANK OF A DITCH, THENCE SOUTH 89 DEGREES 30 MINUTES 00 SECONDS EAST (RECORD),
NORTH 88 DEGREES 05 MINUTES 41 SECONDS EAST (MEASURED), 2593.76 FEET
(MEASURED) TO THE POINT OF BEGINNING, THENCE NORTH 01 DEGREES 54 MINUTES 03
SECONDS WEST, 232.55 FEET TO A POINT ON A NON-TANGENT CURVE, THENCE
NORTHEASTERLY 68.93 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 533.00
FEET AND WHOSE CHORD BEARS NORTH 59 DEGREES 57 MINUTES 33 SECONDS EAST, 68.88
FEET TO A POINT ON THE EAST LINE OF SAID LOT 2, THENCE SOUTH 01 DEGREES 16
MINUTES 25 SECONDS EAST ALONG SAID EAST LINE, 265.04 FEET TO THE SOUTHEAST
CORNER OF SAID LOT 2, THENCE SOUTH 88 DEGREES 05 MINUTES 41 SECONDS WEST, 57.84
FEET TO THE POINT OF BEGINNING) IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY,
ILLINOIS.
TRACT 4:
THAT PART OF LOT 2 OF THE NORTHWEST 1/4 OF SECTION 4, TOWNSHIP 37 NORTH, RANGE
7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF THE
GOVERNMENT SURVEY OF SAID SECTION 4, LYING WESTERLY OF THE FOLLOWING
DESCRIBED LINE BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 2, THENCE
NORTH 01 DEGREES 16 MINUTES 25 SECONDS WEST, ALONG THE WEST LINE OF SAID LOT
2, A DISTANCE OF 265.04 FEET TO A POINT ON A NON-TANGENT CURVE, THENCE
NORTHEASTERLY 531.35 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 533.00
FEET AND WHOSE CHORD BEARS NORTH 27 DEGREES 41 MINUTES 44 SECONDS EAST, 509.62
FEET TO A POINT OF TANGENCY, THENCE NORTH 00 DEGREES 51 MINUTES 49 SECONDS
WEST 150.53 FEET, THENCE NORTH 89 DEGREES 08 MINUTES 11 SECONDS EAST,
PERPENDICULAR TO THE LAST DESCRIBED LINE,
110.00 FEET, THENCE NORTH 00 DEGREES 51 MINUTES 49 SECONDS WEST PERPENDICULAR
TO THE LAST DESCRIBED LINE, 912.39 FEET TO A POINT ON THE NORTH LINE OF SAID LOT
2, SAID POINT BEING 364.44 FEET EAST OF THE NORTHWEST CORNER OF SAID SECTION 4
(AS MEASURED ALONG SAID NORTH LINE) AND SAID POINT ALSO BEING THE POINT OF
TERMINUS, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.
TRACT 5:
PARCEL 1:
THAT PART OF THE WEST 1/2 OF SECTION 4, PART OF SECTION 5, PART OF THE NORTHEAST
1/4 OF SECTION 8 AND PART OF THE NORTHWEST 1/4 OF SECTION 9, ALL IN TOWNSHIP 37
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF GALENA ROAD AS
NOW ESTABLISHED ACROSS SAID SECTION 5 WITH THE WEST LINE OF THE EAST 1/2 OF
SAID SECTION 5; THENCE NORTH 00 DEGREES 02 MINUTES 49 SECONDS WEST ALONG SAID
WEST LINE, 2673.13 FEET TO A POINT 2327.34 FEET SOUTH OF THE NORTHEAST CORNER OF
THE NORTHWEST 1/4 OF SAID SECTION 5; THENCE NORTH 89 DEGREES 36 MINUTES 30
SECONDS WEST 1323.10 FEET; THENCE NORTH 00 DEGREES 02 MINUTES 30 SECONDS EAST
2325.56 FEET TO THE NORTH LINE OF SAID SECTION 5; THENCE SOUTH 89 DEGREES 41
MINUTES 06 SECONDS EAST ALONG SAID NORTH LINE 1319.49 FEET TO THE NORTHWEST
CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 5; THENCE SOUTH 00 DEGREES 02
MINUTES 49 SECONDS EAST ALONG THE WEST LINE OF SAID NORTHEAST 1/4 1828.36 FEET;
THENCE NORTH 89 DEGREES 08 MINUTES EAST 3596.80 FEET TO THE CENTER LINE OF ROB
ROY DITCH; THENCE SOUTH 00 DEGREES 22 MINUTES 03 SECONDS EAST ALONG SAID
CENTER LINE 781.86 FEET; THENCE SOUTH 02 DEGREES 43 MINUTES 14 SECONDS WEST
ALONG SAID CENTER LINE
300.01 FEET; THENCE SOUTH 89 DEGREES 40 MINUTES EAST 291.15 FEET; THENCE SOUTH 00
DEGREES 56 MINUTES 40 SECONDS WEST 240.28 FEET; THENCE NORTH 89 DEGREES 14
MINUTES 01 SECONDS EAST 1428.51 FEET TO THE EAST LINE OF THE WEST 1/2 OF SAID
SECTION 4; THENCE SOUTH 00 DEGREES 02 MINUTES 57 SECONDS EAST ALONG SAID EAST
7
LINE 991.84 FEET; THENCE SOUTH 89 DEGREES 09 MINUTES 08 SECONDS WEST 1745.17 FEET
TO THE CENTER LINE OF SAID ROB ROY DITCH; THENCE SOUTH 03 DEGREES 28 MINUTES
51 SECONDS WEST ALONG SAID CENTER LINE 1373.75 FEET; THENCE SOUTH 30 DEGREES 24
MINUTES 07 SECONDS WEST ALONG SAID CENTER LINE 600.81 FEET TO THE CENTER LINE
OF SAID GALENA ROAD; THENCE NORTH 72 DEGREES 44 MINUTES WEST ALONG SAID
CENTER LINE, 3318.05 FEET TO THE POINT OF BEGINNING,
EXCEPTING THEREFROM THAT PART OF THE NORTHWEST 1/4 OF SECTION 5, TOWNSHIP 37
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING SOUTH OF A LINE
EXTENDING EASTERLY FROM A POINT ON SAID WEST LINE OF THE NORTHWEST 1/4
WHICH POINT IS 1876.07 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 5 TO
A POINT ON THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 5 WHICH POINT IS
1828.85 FEET SOUTH OF SAID NORTH QUARTER CORNER, AND EXCEPT A STRIP OF LAND
205.00 FEET WIDE IN THE NORTHEAST 1/4 OF SECTION 5 AND THE NORTHWEST 1/4 OF
SECTION 4, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN,
BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF
THE NORTHEAST 1/4 OF SAID SECTION 5; THENCE SOUTH ALONG THE NORTH AND SOUTH
CENTER LINE OF SAID SECTION 5, A DISTANCE OF 1828.85 FEET TO THE NORTH LINE OF
PROPERTY CONVEYED TO THE LASALLE NATIONAL BANK, AS TRUSTEE UNDER TRUST
AGREEMENT DATED FEBRUARY 10, 1967, KNOWN AS TRUST NO. 35913 RECORDED AS
DOCUMENT NO. 154368 IN BOOK 152, PAGE 392 AS SAID NORTH LINE IS MONUMENTED AND
OCCUPIED, HEREINAFTER REFERRED TO AS LINE "B", FOR THE POINT OR BEGINNING;
THENCE EAST ALONG SAID LINE "B", A DISTANCE OF 3596.80 FEET TO THE CENTER LINE OF
ROB ROY DITCH; THENCE SOUTHERLY ALONG THE CENTER LINE OF ROB ROY DITCH
FORMING AN ANGLE OF 90 DEGREES 29 MINUTES 57 SECONDS TO THE RIGHT WITH THE
PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 205.00 FEET TO THE
INTERSECTION WITH A LINE 205.00 FEET PERPENDICULARLY DISTANT SOUTH OF AND
PARALLEL WITH THE AFORESAID LINE "B"; THENCE WEST ALONG THE LAST DESCRIBED
PARALLEL LINE A DISTANCE OF 3598.47 FEET TO THE NORTH AND SOUTH CENTER LINE OF
SAID SECTION 5; THENCE NORTH ALONG SAID NORTH AND SOUTH CENTER LINE 205.02
FEET TO THE POINT OF BEGINNING, AND ALSO EXCEPT THAT PART OF THE WEST HALF OF
SAID SECTION 4 LYING EAST OF THE WEST RIGHT OF WAY LINE OF ILLINOIS ROUTE 47, IN
KENDALL COUNTY, ILLINOIS.
AND ALSO EXCEPTING: THAT PART OF THE SOUTHEAST 1/4 OF SECTION 5, THAT PART OF
THE SOUTHWEST 1/4 OF SECTION 4, THAT PART OF THE NORTHEAST 1/4 OF SECTION 8 AND
THAT PART OF THE NORTHWEST 1/4 OF SECTION 9, ALL IN TOWNSHIP 37 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT
THE IRON ROD MONUMENTING THE SOUTHEAST CORNER OF SECTION 5; THENCE NORTH
01 DEGREES 15 MINUTES 55 SECONDS WEST ALONG THE EAST LINE OF THE SOUTHEAST 1/4
OF SAID SECTION 5, A DISTANCE 1,550.82 FEET; THENCE NORTH 88 DEGREES 44 MINUTES 05
SECONDS EAST 409.15 FEET PERPENDICULAR TO THE LAST DESCRIBED COURSE TO THE
POINT OF BEGINNING; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST 221.96
FEET; THENCE NORTH 37 DEGREES 44 MINUTES 29 SECONDS EAST 115.96 FEET; THENCE
SOUTH 89 DEGREES 12 MINUTES 43 SECONDS EAST 196.55 FEET TO THE CENTERLINE OF THE
ROB ROY DITCH; THENCE SOUTH 02 DEGREES 13 MINUTES 10 SECONDS WEST 1336.52 FEET
ALONG SAID CENTERLINE; THENCE SOUTH 29 DEGREES 12 MINUTES 38 SECONDS WEST
600.81 FEET TO THE CENTERLINE OF GALENA ROAD AS NOW ESTABLISHED; THENCE
NORTH 73 DEGREES 55 MINUTES 29 SECONDS WEST ALONG SAID CENTERLINE 677.76 FEET,
THENCE NORTH 02 DEGREES 56 MINUTES 50 SECONDS WEST 348.47 FEET; THENCE NORTH
16 DEGREES 11 MINUTES 58 SECONDS EAST 599.13 FEET; THENCE NORTH 28 DEGREES 25
MINUTES 55 SECONDS EAST 750.54 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL
COUNTY, ILLINOIS,
8
AND ALSO EXCEPTING, THAT PART CONVEYED BY WARRANTY DEED RECORDED AUGUST
30, 2007 AS DOCUMENT 200700026496, DESCRIBED AS FOLLOWS: THAT PART OF THE EAST
HALF OF SECTION 5 AND THAT PART OF THE WEST HALF OF SECTION 4, ALL IN TOWNSHIP
37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE IRON PIPE MONUMENTING THE SOUTHEAST CORNER OF SAID
SECTION 5; THENCE NORTH 01 DEGREES 15 MINUTES 55 SECONDS WEST ALONG THE EAST
LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 1730.13 FEET TO THE
POINT OF BEGINNING; THENCE NORTH 89 DEGREES 27 MINUTES 29 SECONDS WEST 362.35
FEET; THENCE NORTH 00 DEGREES 32 MINUTES 31 SECONDS EAST 2026.23 FEET TO THE
SOUTHERLY LINE OF COMMONWEALTH EDISON COMPANY PROPERTY DESCRIBED IN
DOCUMENT 73-2720; THENCE NORTH 87 DEGREES 56 MINUTES 31 SECONDS EAST ALONG
SAID SOUTHERLY LINE 1,222.89 FEET TO THE CENTERLINE OF ROB ROY DITCH; THENCE
SOUTH 03 DEGREES 43 MINUTES 10 SECONDS EAST ALONG SAID CENTERLINE 577.07 FEET;
THENCE SOUTH 01 DEGREES 49 MINUTES 41 SECONDS WEST ALONG SAID CENTERLINE
298.55 FEET; THENCE NORTH 89 DEGREES 00 MINUTES 53 SECONDS EAST 15.64 FEET TO THE
WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 PER DOCUMENT 907256 AND
907257; (THE NEXT 5 CALLS ARE ALONG SAID WESTERLY RIGHT OF WAY LINE OF ILLINOIS
ROUTE 47 PER DOCUMENT 907256 AND 907257) THENCE SOUTH 00 DEGREES 09 MINUTES 46
SECONDS EAST 170.64 FEET; THENCE NORTH 89 DEGREES 50 MINUTES 14 SECONDS EAST
10.00 FEET; THENCE SOUTH 00 DEGREES 09 MINUTES 48 SECONDS EAST, 1,000.00 FEET;
THENCE SOUTH 89 DEGREES 50 MINUTES 14 SECONDS WEST 10.00 FEET; THENCE SOUTH 00
DEGREES 09
MINUTES 46 SECONDS EAST 38.62 FEET; THENCE NORTH 89 DEGREES 27 MINUTES 29
SECONDS WEST 925.95 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY,
ILLINOIS.
PARCEL 2:
THAT PART OF THE NORTHWEST 1/4 OF SECTION 5 AND NORTHEAST 1/4 OF SECTION 6,
TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SECTION 5; THENCE EAST ALONG
THE SECTION LINE 1331.4 FEET; THENCE SOUTHERLY ALONG A LINE FORMING AN ANGLE
OF 90 DEGREES 07 MINUTES 00 SECONDS MEASURED FROM WEST TO SOUTH FROM THE
SECTION LINE, 2321.5 FEET; THENCE WESTERLY ALONG A LINE FORMING AN ANGLE OF 89
DEGREES 33 MINUTES 00 SECONDS, MEASURED FROM NORTH TO WEST FROM THE LAST
DESCRIBED COURSE, 1328.7 FEET TO THE WEST LINE OF SECTION 5; THENCE SOUTHERLY
ALONG THE SECTION LINE, FORMING AN ANGLE OF 89 DEGREES 27 MINUTES 00 SECONDS
MEASURED FROM EAST TO SOUTH FROM THE LAST DESCRIBED COURSE, 146.4 FEET;
THENCE WESTERLY ALONG A LINE FORMING AN ANGLE OF 89 DEGREES 58 MINUTES 00
SECONDS, MEASURED FROM NORTH TO WEST FROM THE SECTION LINE, 1553 FEET;
THENCE NORTHERLY ALONG A LINE FORMING AN ANGLE OF 89 DEGREES 33 MINUTES 00
SECONDS, MEASURED FROM EAST TO NORTH FROM THE LAST DESCRIBED COURSE, 2461.1
FEET TO THE NORTH LINE OF SECTION 6; THENCE EASTERLY ALONG SAID NORTH LINE
1534 FEET TO THE POINT OF BEGINNING,
EXCEPTING THEREFROM THAT PART OF THE NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 37
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH AND WEST OF
THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT 1876.07 FEET SOUTH OF THE
NORTHEAST CORNER OF SAID SECTION 6, SAID POINT BEING ON THE NORTH LINE OF THE
LAND CONVEYED TO COMMONWEALTH EDISON COMPANY BY DOCUMENT NO. R73-2841
(TRACT 1); THENCE WEST ALONG SAID NORTH LINE 1133.17 TO A POINT OF INTERSECTION
WITH A LINE 415.0 FEET PERPENDICULARLY DISTANT EAST OF AND PARALLEL WITH THE
EAST LINE OF THE LAND CONVEYED TO EARL P. AND EMMA V. KONICEK BY DEED
RECORDED AS DOCUMENT NO. 136414 IN BOOK 126, PAGE 41; THENCE NORTH ON SAID
9
PARALLEL LINE, ALSO BEING THE EAST LINE OF THE LAND CONVEYED TO SAID
COMMONWEALTH EDISON COMPANY BY DOCUMENT NO. R73-2841, 1897.19 FEET TO THE
NORTH LINE OF SAID SECTION 6 AND THE POINT OF TERMINATION;
AND ALSO EXCEPT THAT PART OF THE NORTHWEST 1/4 OF SECTION 5, TOWNSHIP 37
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING SOUTHERLY OF A LINE
EXTENDED EASTERLY FROM A POINT ON THE WEST LINE OF SAID NORTHWEST 1/4 OF
SECTION 5 WHICH POINT IS 1876.07 FEET SOUTH OF THE NORTHWEST CORNER OF SAID
SECTION 5 TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SECTION 5, WHICH
POINT IS 1828.85 FEET SOUTH OF THE NORTH QUARTER CORNER OF SAID SECTION 5, ALL
IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.
TRACT 6:
PART OF THE EAST 1/2 OF SECTION 6; TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION; THENCE NORTHERLY
ALONG THE EASTERLY LINE OF SAID SECTION 6, A DISTANCE OF 3407.85 FEET TO THE
SOUTH LINE OF PROPERTY CONVEYED TO SUSAN SCHMIDT BY WARRANTY DEED
RECORDED DECEMBER 18, 1929 IN BOOK 80, PAGES 334 AND 335; THENCE WEST ALONG
THE SOUTH LINE OF PROPERTY CONVEYED TO SUSAN SCHMIDT A DISTANCE OF 1552.74
FEET TO THE EAST LINE OF PROPERTY CONVEYED TO EARL P KONICEK AND WIFE BY
WARRANTY DEED DATED DECEMBER 4, 1961 RECORDED AS DOCUMENT 136414, THENCE
SOUTH ALONG THE EAST LINE OF PROPERTY CONVEYED TO EARL P. KONICEK AND WIFE
1240.82 FEET TO THE CENTER LINE OF GALENA ROAD, FOR THE POINT OF BEGINNING;
THENCE CONTINUING SOUTH ALONG THE PROLONGATION OF THE LAST DESCRIBED
COURSE A DISTANCE 919.13 FEET TO AN ANGLE POINT WHICH IS 1312.43 FEET
PERPENDICULARLY DISTANCE NORTH OF SAID SOUTH LINE OF SAID SECTION 6; THENCE
SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 26 DEGREES 45 MINUTES 35
SECOND TO THE RIGHT WITH A PROLONGATION OF THE LAST DESCRIBED COURSE A
DISTANCE OF 332.08 FEET TO THE NORTH LINE OF PARCEL TWO OF PROPERTY CONVEYED
TO CHICAGO TITLE AND TRUST COMPANY, AS TRUSTEE UNDER TRUST NUMBER 45553 BY
CONSERVATORS DEED RECORDED SEPTEMBER 17, 1973 AS DOCUMENT 73-4671; THENCE
WESTERLY ALONG SAID NORTHERLY LINE FORMING AN ANGLE OF 62 DEGREES 01
MINUTES 01 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED
COURSE, A DISTANCE 646.8 FEET TO THE CENTER LINE OF BEECHER ROAD; THENCE
NORTHEASTERLY ALONG SAID CENTER LINE 1362.40 FEET TO THE CENTER LINE OF
GALENA ROAD; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE 460.52 FEET TO THE
POINT OF BEGINNING; IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS,
ALSO,
THAT PART OF THE EAST 1/2 OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF GALENA ROAD WITH THE
EAST LINE OF SAID SECTION; THENCE NORTH 70 DEGREES 55 MINUTES WEST ALONG SAID
CENTER LINE 276 FEET; THENCE SOUTH PARALLEL TO THE EAST LINE OF SAID SECTION 8,
200 FEET; THENCE SOUTH 70 DEGREES 55 MINUTES EAST 270 FEET TO THE EAST LINE OF
SAID SECTION; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 1456.6 FEET TO
THE SOUTHEAST CORNER OF SAID SECTION; THENCE WEST ALONG THE SOUTH LINE OF
SAID SECTION 470.51 FEET TO THE EASTERLY LINE OF PARCEL TWO OF THE PROPERTY
CONVEYED TO CHICAGO TITLE AND TRUST COMPANY TRUSTEE UNDER TRUST NUMBER
45553 BY CONSERVATORS DEED RECORDED SEPTEMBER 17, 1973 AS DOCUMENT R73-4671;
THENCE NORTHERLY ALONG SAID EASTERLY LINE 1006.52 FEET TO THE NORTHEASTERLY
CORNER OF SAID PARCEL; THENCE WESTERLY ALONG THE NORTH LINE OF SAID PARCEL
TWO 388.83 FEET TO THE INTERSECTION OF SAID NORTH LINE WITH THE EASTERLY LINE
10
OF THE PROPERTY DESCRIBED IN PARCEL ONE OF SAID DOCUMENT 73-4671; THENCE
NORTHEASTERLY ALONG SAID EASTERLY LINE OF PARCEL ONE A DISTANCE OF 115.02
FEET TO AN ANGLE POINT ON SAID EASTERLY LINE OF PARCEL ONE WHICH IS 1112.06
FEET PERPENDICULARLY DISTANCE NORTH OF THE SOUTH LINE OF SAID SECTION;
THENCE NORTH ALONG A LINE FORMING AN ANGLE 26 DEGREES 45 MINUTES 38 SECOND
TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE A DISTANCE
OF 2329.35 FEET TO THE SOUTH LINE OF PROPERTY CONVEYED TO DIANE R. KAPCHINSKI
BY TRUSTEES DEED RECORDED JUNE 14, 1973 AS DOCUMENT 73-28243; THENCE EAST
ALONG THE SOUTH LINE OF PROPERTY CONVEYED TO DIANE R. KAPCHINSKI 812.68 FEET
TO THE EAST LIEN OF SAID SECTION 6; THENCE SOUTHERLY ALONG THE EAST LINE OF
SAID SECTION 6, 1319.90 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF
BRISTOL, KENDALL COUNTY, ILLINOIS, EXCEPT THE LEGAL DESCRIPTION INCLUDED IN
THE WARRANTY DEED RECORDED AUGUST 24, 2020 AS DOCUMENT 202000016040.
OWNER: The Konicek Family Limited Partnership
A PART OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN AND PART OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 6 EAST OF THE THIRD
PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST
CORNER OF SAID SECTION 6, THENCE EAST 19.508 CHAINS (1,287.528 FEET) TO AN IRON
STAKE FOR PLACE OF BEGINNING, THENCE EAST ON THE NORTH LINE OF SAID SECTION 6,
44.599 CHAINS (2,943.534 FEET), THENCE SOUTH 16 MINUTES WEST 56.242 CHAINS (3,711.972
FEET) TO THE CENTER OF THE HIGHWAY, THENCE NORTH 73 DEGREES 58 MINUTES WEST
3.473 CHAINS (229.218 FEET) ALONG THE CENTER OF THE HIGHWAY, THENCE NORTH 79
DEGREES 37 MINUTES WEST 52.777 CHAINS (3,483.282 FEET) ALONG THE CENTER OF THE
HIGHWAY, THENCE NORTH 79 DEGREES 16 MINUTES WEST 8.03 CHAINS (529.98 FEET)
ALONG THE CENTER OF THE HIGHWAY TO AN IRON STAKE, THENCE NORTH 18 DEGREES
05 MINUTES EAST 10.258 CHAINS (677.028 FEET) TO AN IRON STAKE, THENCE NORTH 72
DEGREES 01 MINUTE WEST 6.632 CHAINS (437.712 FEET) TO AN IRON STAKE, THENCE
NORTH 27 DEGREES 51 MINUTES EAST 11.60 CHAINS (765.6 FEET) TO AN IRON STAKE,
THENCE NORTH 89 DEGREES 25 MINUTES EAST 11.535 CHAINS (761.31 FEET) TO THE CENTER
OF THE HIGHWAY, THENCE NORTH 12 DEGREES 40 MINUTES EAST TO THE PLACE OF THE
BEGINNING, SITUATED IN KENDALL COUNTY, ILLINOIS, EXCEPTING THEREFROM RIGHT
OF WAY DEDICATED FOR ASHE ROAD AND GALENA ROAD AND ALSO;
EXCEPTING,
THAT PART OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT
THE NORTHWEST CORNER OF SAID SECTION 6; THENCE EAST ALONG THE NORTH LINE OF
SAID SECTION 6, A DISTANCE OF 19.508 CHAINS (1287.53 FEET); THENCE SOUTH 12 DEGREES
40 MINUTES WEST, 22.655 CHAINS (1495.23 FEET); THENCE SOUTH 89 DEGREES 25 MINUTES
WEST, 11.535 CHAINS (761.31 FEET); THENCE SOUTH 27 DEGREES 50 MINUTES 42 SECONDS
WEST, 765.57 FEET; THENCE SOUTH 72 DEGREES 01 MINUTES EAST, 437.71 FEET; THENCE
SOUTH 18 DEGREES 05 MINUTES WEST, 637.63 FEET TO THE NORTHERLY RIGHT OF WAY
LINE OF GALENA ROAD; THENCE SOUTH 77 DEGREES 03 MINUTES 31 SECONDS EAST
ALONG SAID NORTHERLY RIGHT OF WAY LINE OF GALENA ROAD, 187.93 FEET FOR THE
POINT OF BEGINNING; THENCE CONTINUING SOUTH 77 DEGREES 03 MINUTES 31 SECONDS
EAST ALONG SAID RIGHT OF WAY LINE 136.30 FEET TO A POINT OF CURVE; THENCE
CONTINUING EASTERLY ALONG SAID RIGHT OF WAY, BEING A CURVE TO THE LEFT,
HAVING A RADIUS OF 14,285.00 FEET AND CHORD BEARING SOUTH 78 DEGREES 06
MINUTES 11 SECONDS EAST, 189.98 FEET TO A POINT OF BEND IN SAID RIGHT OF WAY;
THENCE NORTH 14 DEGREES 08 MINUTES 51 SECONDS EAST ALONG SAID RIGHT OF WAY,
11
20.02 FEET TO A POINT OF BEND; THENCE EASTERLY ALONG SAID RIGHT OF WAY, BEING A
CURVE TO THE LEFT, HAVING A RADIUS OF 14,265.00 FEET AND CHORD BEARING SOUTH 79
DEGREES 23 MINUTES 57 SECONDS EAST, A DISTANCE OF 453.85 FEET TO A POINT OF
TANGENT; THENCE SOUTH 80 DEGREES 18 MINUTES 38 SECONDS EAST ALONG SAID RIGHT
OF WAY, 29.82 FEET; THENCE NORTH 10 DEGREES 46 MINUTES 28 SECONDS EAST, 528.48
FEET; THENCE NORTH 79 DEGREES 13 MINUTES 32 SECONDS WEST, 810.97 FEET; THENCE
SOUTH 10 DEGREES 46 MINUTES 28 SECONDS WEST, 541.53 FEET TO THE POINT OF
BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS,
ALSO EXCEPTING,
THAT PART OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN BEING DESCRIBED BY COMMENCING AT THE
NORTHWEST CORNER OF SAID SECTION 6; THENCE EAST ALONG THE NORTH LINE OF SAID
SECTION 6, A DISTANCE OF 19.508 CHAINS (1287.53 FEET) TO THE NORTHEAST CORNER OF
EQUESTRIAN ESTATES AT LEGACY FARMS; THENCE SOUTH 12 DEGREES 40 MINUTES WEST
ALONG THE EASTERLY LINE OF SAID SUBDIVISION AND SAID EAST LINE EXTENDED
SOUTHERLY, 22.655 CHAINS (1495.23 FEET); THENCE NORTH 89 DEGREES 25 MINUTES EAST,
29.67 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF ASHE ROAD AS
RELOCATED FOR THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 25 MINUTES 00
SECONDS WEST ALONG THE LAST DESCRIBED COURSE, A DISTANCE OF 618.59 FEET;
THENCE SOUTH 00 DEGREES 35 MINUTES EAST, AT RIGHT ANGLES TO THE LAST
DESCRIBED COURSE, A DISTANCE OF 355.09 FEET; THENCE NORTH 89 DEGREES 25
MINUTES EAST, A DISTANCE OF 683.60 TO A POINT ON THE WESTERLY RIGHT OF WAY LINE
OF ASHE ROAD; THENCE NORTHERLY ALONG SAID RIGHT OF WAY LINE, ALONG A CURVE
TO THE RIGHT HAVING A RADIUS OF 1482.39 FEET, WHOSE CHORD BEARS NORTH 10
DEGREES 57 MINUTES 30 SECONDS WEST, 360.99 FEET TO THE POINT OF BEGINNING IN THE
TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.
Water Infrastructure
Project Estimated Cost
On-site 16" Water Main Improvements 11,671,100.00$
Off-site 16" Water Main Improvements 3,504,000.00$
Sub-total 15,175,100.00$
Wastewater Infrastructure
Project Estimated Cost
Corneils/Eldamain Interceptor Sewer 6,712,350.00$
Sub-total 6,712,350.00$
Transportation Infrastructure
Project Estimated Cost
Ashe Road Resurfacing 1,269,880.00$
Baseline Road Reconstruction 7,756,890.00$
Ashe Road and Baseline Road Intersection Improvements 2,092,760.00$
Sub-total 11,119,530.00$
Total Infrastructure Budget 33,006,980.00$
Project
Steel
Project
Cardinal
ComED
0 3,000 6,000
Feet
Proposed Water Main On-Site By Project Cardinal
Proposed Water Main On-Site By Project Steel
Proposed Water Main Off-Site By Project Cardinal
ComED Limits
Project Cardinal Development
Project Steel Development
Engineering Enterprises, Inc.
52 Wheeler Road
Sugar Grove, Illinois 60554
(630) 466-6700 / www.eeiweb.con
EXHIBIT C
WATER MAIN IMPROVEMENTS
DATE:
MARCH 2026United City of Yorkville
651 Prairie Pointe Drive
Yorkville, IL 60560
(630) 553-4350
www.yorkville.il.us
LOCATION MAPCONSULTING ENGINEERS
NO.DATE REVISIONS
PROJECT NO.:
YO2451
PATH:
H:/GIS/PUBLIC/YORKVILLE/2024/
YO2451- CARDINAL_STEEL_WATER MAIN IMPROVEMENTSFILE:
.
PROPOSED NORTHWEST EWST
BY CITY
PROPOSED OFF-SITE 16" WATER MAIN
PROJECT CARDINAL
PROPOSED ON-SITE 16" WATER MAIN
PROJECT CARDINAL
PROPOSED ON-SITE 16" WATER MAIN
PROJECT STEEL
CONNECT TO EXISTING
16" WATER MAIN
CONNECT TO PROPOSED
16" WATER MAIN
CONNECT TO EXISTING
16" WATER MAIN
NOTE: TYPICAL PERMANENT EASEMENT
REQUIRED FOR WATERMAIN IS 20'
1
RECAPTURE AGREEMENT #1
THIS RECAPTURE AGREEMENT #1 ( “Recapture Agreement”) is made and entered as of the
____ day of ________________ 2026, by and between the United City of Yorkville, Kendall County,
Illinois (the “City”) and Pioneer Development, LLC, an Illinois limited liability company (“Pioneer”).
RECITALS.
A. Pioneer is the purchaser of approximately 1,037 acres located west of North Bridge Street,
east of Ashe Road and south of Baseline Road which Pioneer intends to develop as a data center campus
(the “Development Site”).
B. In order to service the Development Site, substantial infrastructure improvements are
required including the extension of the City’s Water System with the construction of a 16” water main from
the City’s Northwest Elevated Storage Tank located along Eldamain Road to Galena Road (the “16” Water
Main Extension”).
C. The City has agreed to construct, and Pioneer has agreed to pay all expenses to design and
construct the 16” Water Main Extension, as depicted on Exhibit A, including all costs incurred by the City
to acquire all required temporary construction easements and permanent easements (collectively, the
“Project”).
D. Pioneer desires to recover its hard and soft costs associated with the administration, design,
engineering, construction, and oversight of the Project (collectively the “Recapture Costs”) to provide water
service from the City to properties along the route as depicted and as identified by parcel numbers on
Exhibit A attached hereto which properties could connect to and benefit from the 16” Water Main Extension
(the “Benefitted Properties”).
E. Pioneer is desirous of entering into this Agreement to provide for the fair and equitable
recapture from owners of the Benefitted Properties a portion of its costs to provide Pioneer and the
Benefitted Properties with an available water source, 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. Pioneer shall be entitled to recover its Recapture Costs pursuant
to this Recapture Agreement. It is understood and agreed that within thirty (30) days of completion of the
construction of the 16” Water Main Extension, and acceptance by the City, an itemized list of the actual
costs shall be submitted to Pioneer and shall be appended hereto as Exhibit B (the “Final Project Costs”).
Section 2. Benefitted Properties. Each Benefitted Property is eligible to connect to the 16”
Water Main Extension 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 a share of the Recapture Costs as allocated in Section 4 shall be
revised to reflect each subdivision during the term of this Agreement.
Section 3. Condition Precedent to Connect. A Benefitted Property shall not be eligible to
connect to the 16” Water Main Extension unless the Owner of the Benefitted Property has either annexed
to the City or entered into a pre-annexation agreement with the City.
2
Section 4. Recapture Cost Allocation. The City has established that the methodology to
determine the proportionate share of Recapture Costs to be allocated to each Benefitted Property shall be
based upon the linear frontage of the Benefitted Property along Eldamain Road as listed on Exhibit A. Once
Final Project Costs are known and certified, a cost per linear foot shall be established and referred to herein
as the Recapture Allocation.
Section 5. Collection of Recapture Costs. The City shall assess against a Benefitted Property,
or any portion thereof, the Recapture Allocation 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 16” Water Main
Extension, the City shall:
(i) collect from such Benefitted Owner, or its agents or representative, the applicable
Recapture Allocation owed hereunder by such Benefitted Property; or
(ii) waive the applicable Recapture Allocation in the event the owner of the Benefitted Property
has paid its allocated share directly to Pioneer.
No Benefitted Property shall be issued a connection permit to the 16” Water Main Extension until such
Benefitted Property has fully paid the share of the Recapture Allocation owed by such Benefitted Property
or the City has waived the owner’s obligation to pay the allocated Recapture Costs as provided in Section
5 (ii).
Section 6. 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 Allocation as
calculated, for each Benefitted Property payable to the City.
Section 7. City’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 Allocation to be paid by a Benefitted Property
is in addition to such other City fees and charges.
Section 8. Term. This Agreement shall commence on the date stated above and remain in full
force and effect for a period of twenty (20) years from the date Exhibit B is appended and this Recapture
Agreement #1 is recorded (the “Term ”), In the event no Benefitted Property or a subdivided portion of a
Benefitted Property has connected to the 16” Water Main Extension within twenty (20) years after
expiration of the Term, this Recapture Agreement #1, 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 Pioneer of
payment of the certified Recapture Allocation in full, this Recapture Agreement #1 shall immediately
terminate and all rights of recapture of Recapture Allocation on the part of Pioneer shall cease.
Section 9. Lein. This Agreement shall be recorded against the Benefitted Properties upon
completion of the 16” Water Main Extension and acceptance by the City and Exhibit B with the actual costs
of the 16” Water Main Extension attached. 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 Allocation, applicable hereunder to such
Benefitted Property.
3
Section 10. Miscellaneous Provisions.
A. Agreement: This Recapture Agreement #1 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 Recapture 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 Recapture Agreement #1, and their respective successors
and assigns, may either in law or in equity, by suit, action, mandamus, or other proceeding to enforce and
compel performance of this Recapture Agreement.
D. Recordation: A true and correct copy of this Recapture Agreement #1 shall be recorded
with the Kendall County’s Recorder’s Office by the City at the cost and expense of Pioneer. This Recapture
Agreement #1 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 Recapture 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, on the date of confirmed telefacsimile transmission provided a hard copy of such
notice is deposited in the U.S. mail addressed to the recipient within twenty-four hours following the
telefacsimile transmission, or on the date when deposited in the U.S. Mail, registered or certified mail,
postage prepaid, return receipt requested, and addressed as follows:
Notices and communications to Developer shall be addressed to, and delivered at, the following addresses:
Pioneer Development, LLC
30 N. Gould Street, #38989
Sheridan, Wyoming 82801
Attn: Matt McCarron
Mahoney, Silverman & Cross, LLC
822 Infantry Drive, Suite 100
Joliet, Illinois 60435
Attn: David J. Silverman
Notices and communications to the City shall be addressed to and delivered at these addresses:
United City of Yorkville
651 Prairie Pointe
Yorkville, IL 60560
Attn: City Administrator
With a copy to:
Ottosen DiNolfo Hasenbalg & Castaldo, Ltd.
2441 Warrenville Road, Suite 310
Lisle, IL 60532
Attn: Attorney Kathleen Field Orr
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 Recapture Agreement or the charges imposed hereunder.
G. Complete Agreement: This Recapture Agreement contains all the terms and conditions
agreed upon by the parties hereto and no other prior agreement, regarding the subject matter of this
4
Agreement shall be deemed to exist to bind the parties. This 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 Recapture 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 Recapture
Agreement #1 and the exhibits attached hereto are hereby incorporated herein and made a part of the
substance hereof.
J. Enforceability: This Recapture Agreement #1 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.
IN WITNESS WHEREOF, the Parties have executed this Recapture Agreement #1 as of the dates
set forth below their respective signatures, to be effective as of the date first written above.
United City of Yorkville,
Kendall County, Illinois
Attest:
By: By:
Mayor City Clerk
Date: , 2026
Pioneer Development, LLC
Attest:
By: By:
Its Manager
Date: , 2026
TampaBertramJeterGarritano
Rosenwi
nkelBurnettMarquetteBarrett
Galena
Willoughby
PierpontHalfMoonBristolBay
BeecherBridgeW a t e r p a rkAsheBaseline
BeecherEldamainProject Steel
Project
Cardinal
ComED
0 2,200
Feet
Engineering Enterprises, Inc.
52 Wheeler Road
Sugar Grove, Illinois 60554
(630) 466-6700 / www.eeiweb.con
EXHIBIT A
WATER MAIN RECAPTURE
DATE:
MARCH 2026United City of Yorkville
651 Prairie Pointe Dr.
Yorkville, IL 60560
//www.yorkville.il.us
PROJECT CARDINALCONSULTING ENGINEERS
NO.DATE REVISIONS
PROJECT NO.:
YO2451
PATH:
H:/GIS/PUBLIC/YORKVILLE/2024/
FILE:
.
F
E
D
C
B
A
YO2451_Exhibit A Potential Recapture Water Main
PROPOSED OFF-SITE 16" WATER MAIN
PROJECT CARDINAL
PROPOSED ON-SITE 16" WATER MAIN
PROJECT STEEL
PROPOSED ON-SITE 16" WATER MAIN
PROJECT CARDINAL
Legend
PROPOSED ELEVATED
WATER STORAGE TANK
PROPOSED WATER MAIN
ON-SITE BY PROJECT
CARDINAL
PROPOSED WATER MAIN
ON-SITE BY PROJECT
STEEL
PROPOSED WATER MAIN
OFF-SITE BY PROJECT
CARDINAL
COMED LIMITS
PROJECT CARDINAL
DEVELOPMENT
PROJECT STEEL
DEVELOPMENT
EXISTING WATER MAIN
PROPOSED NORTHWEST EWST
BY CITY
G
Property Frontage PIN
A YORKVILLE NEXUS III LLC 950 FT 02-07-300-005
B YORKVILLE NEXUS III LLC 475 FT 02-07-100-014
C ELDAMAIN RENTAL 2 LLC 200 FT 02-07-100-006
D ELDAMAIN RENTAL 1 LLC 550 FT 02-07-100-013
E YORKVILLE NEXUS III LLC 975 FT 02-07-100-014
F YORKVILLE NEXUS III LLC 1,000 FT 02-07-100-002
G ROSENWINKEL FAMILY TRUST 3,400 FT 02-06-300-011
PRELIMINARY COST ESTIMATE
JOB NO:YO2451
DESIGNED:AMN/BPS
DATE:December 8, 2025
PROJECT TITLE:Project Cardinal - On-site 16" Water Main
ITEM UNIT
NO.UNIT QUANTITY PRICE AMOUNT
1 TREE REMOVAL UNIT 35 40.00$ 1,400.00$
2 EACH 2 9,000.00$ 18,000.00$
3 FOOT 31,000 200.00$ 6,200,000.00$
4 WATER MAIN PROTECTION, 36-INCH PVC FOOT 70 260.00$ 18,200.00$
5 EACH 31 12,000.00$ 372,000.00$
6 2-INCH AIR RELEASE VALVE IN DOGHOUSE VAULT EACH 5 25,000.00$ 125,000.00$
7 EACH 62 10,000.00$ 620,000.00$
8 POUND 9,000 5.00$ 45,000.00$
9 LSUM 1 65,000.00$ 65,000.00$
10 EACH 10 1,500.00$ 15,000.00$
11 FOOT 31,300 5.00$ 156,500.00$
12 FOOT 100 200.00$ 20,000.00$
13 TON 600 40.00$ 24,000.00$
14 CUYD 600 50.00$ 30,000.00$
15 LSUM 1 265,000.00$ 265,000.00$
16 LSUM 1 150,000.00$ 150,000.00$
17 UNIT 150,000 1.00$ 150,000.00$
SUBTOTAL 8,275,100.00$
CONTINGENCY (20%)1,656,000.00$
TOTAL 9,931,100.00$
PERMITTING 150,000.00$
DESIGN ENGINEERING 795,000.00$
CONSTRUCTION ENGINEERING 795,000.00$
11,671,100.00$
52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com
CONNECTION TO EXISTING WATER MAIN, 16-INCH
WATER MAIN, D.I.P., CLASS 52, WITH POLYETHYLENE WRAP, 16-INCH
BUTTERFLY VALVE AND VALVE VAULT, 16-INCH
FIRE HYDRANT ASSEMBLY, WITH AUXILIARY VALVE, 6-INCH MJ
DUCTILE IRON FITTINGS
WATER MAIN TESTING - PRESSURE AND DISINFECTION
STABILIZED CONSTRUCTION ENTRANCE
PERIMETER EROSION BARRIER
DRAIN TILE REPLACEMENT
NON-SPECIAL, NON-HAZARDOUS SOIL WASTE DISPOSAL
TOTAL PRELIMINARY COST ESTIMATE
FOUNDATION MATERIAL
RESTORATION
TRAFFIC CONTROL AND PROTECTION
ALLOWANCE - ITEMS ORDERED BY THE ENGINEER
G:\Public\Yorkville\2024\YO2451-DR Pioneer Development- Project Cardinal\Water Main Estimates\Project Cardinal Water Main PCE
PRELIMINARY COST ESTIMATE
JOB NO:YO2451
DESIGNED:AMN/BPS
DATE:December 8, 2025
PROJECT TITLE:Project Cardinal - Off-site Water Main
ITEM UNIT
NO.UNIT QUANTITY PRICE AMOUNT
1 EACH 2 200.00$ 400.00$
2 EACH 1 9,000.00$ 9,000.00$
3 FOOT 7,700 200.00$ 1,540,000.00$
4 FOOT 85 220.00$ 18,700.00$
5 FOOT 85 1,000.00$ 85,000.00$
6 EACH 8 12,000.00$ 96,000.00$
7 2-INCH AIR RELEASE VALVE IN DOGHOUSE VAULT EACH 3 25,000.00$ 75,000.00$
8 EACH 16 10,000.00$ 160,000.00$
9 POUND 5,000 5.00$ 25,000.00$
10 LSUM 1 15,000.00$ 15,000.00$
11 SQYD 50 100.00$ 5,000.00$
12 SQYD 25 40.00$ 1,000.00$
13 STORM SEWER REMOVAL AND REPLACEMENT, 12" CMP FOOT 20 70.00$ 1,400.00$
14 EACH 3 1,500.00$ 4,500.00$
15 FOOT 8,000 5.00$ 40,000.00$
16 FOOT 200 60.00$ 12,000.00$
17 TON 400 40.00$ 16,000.00$
18 CUYD 100 50.00$ 5,000.00$
19 EACH 5 200.00$ 1,000.00$
20 LSUM 1 65,000.00$ 65,000.00$
21 EACH 2 500.00$ 1,000.00$
22 EACH 5 400.00$ 2,000.00$
23 LSUM 1 85,000.00$ 85,000.00$
24 UNIT 100,000 1.00$ 100,000.00$
SUBTOTAL 2,363,000.00$
CONTINGENCY (20%)473,000.00$
TOTAL 2,836,000.00$
DESIGN ENGINEERING 284,000.00$
CONSTRUCTION ENGINEERING 284,000.00$
EASEMENT ACQUISITION 100,000.00$
3,504,000.00$
52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com
WATER MAIN TESTING - PRESSURE AND DISINFECTION
WATER MAIN, D.I.P., CLASS 52, WITH POLYETHYLENE WRAP, 16-INCH
DUCTILE IRON FITTINGS
TREE ROOT PRUNING
STEEL CASING PIPE, 30-INCH (.3" WALL THICKNESS) BORED AND JACKED
BUTTERFLY VALVE AND VALVE VAULT, 16-INCH
WATER MAIN, D.I.P., CLASS 52, WITH POLYETHYLENE WRAP, 16-INCH HDSS
RESTRAINED
FIRE HYDRANT ASSEMBLY, WITH AUXILIARY VALVE, 6-INCH MJ
ITEM
CONNECTION TO EXISTING WATER MAIN, 16-INCH
HMA DRIVEWAY REMOVAL AND REPLACEMENT
AGGREGATE DRIVEWAY REMOVAL AND REPLACEMENT
STABILIZED CONSTRUCTION ENTRANCE
PERIMETER EROSION BARRIER
TOTAL PRELIMINARY COST ESTIMATE
DRAIN TILE REPLACEMENT
MAILBOX TO BE REMOVED AND RESET
NON-SPECIAL, NON-HAZARDOUS SOIL WASTE DISPOSAL
RESTORATION
SIGN TO BE REMOVED AND RESET
TRAFFIC CONTROL AND PROTECTION
ALLOWANCE - ITEMS ORDERED BY THE ENGINEER
FOUNDATION MATERIAL
INLET PROTECTION
G:\Public\Yorkville\2024\YO2451-DR Pioneer Development- Project Cardinal\Water Main Estimates\Project Cardinal Water Main PCE
BeecherSaraso
taTampa
Corneils
Nathan
JonathanRidgeGar
r
i
tano
BiscayneRyanCrestwood OakBu
rn
e
t
t
Bertram Ma
r
q
u
e
t
t
e
PleasantPly
m
o
u
t
h
Barrett
Shadow
Wood CaledoniaGardiner
Rosenwinke
l
LongviewCrossPlumHuntCharityWilloughby
Pierpont
Boombah
Sears
Foster
Baseline
Bristol BayC
a
m
d
e
n
WestNorthHarrisonGalena
PinewoodHunterCannonballTimb
a
l
i
e
r
Portage
PecosHenning
Commer
c
i
a
l BridgeWaterpark Big BendEldamainRock CreekJeterAsheRock CreekBeecher
Project
Steel
Project
Cardinal
ComED
ComED
ComED
ComED
Engineering Enterprises, Inc.
52 Wheeler Road
Sugar Grove, Illinois 60554
(630) 466-6700 / www.eeiweb.con
DATE:
MARCH 2026United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
(630) 553-4350
www.yorkville.il.us UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
CONSULTING ENGINEERS
NO.DATE REVISIONS
PROJECT NO.:
YO2508
PATH:
H:/GIS/PUBLIC/YORKVILLE/2025/
FILE:
.
3,000 0 3,0001,500 Feet
YO2508_Project Steel_YSBD-Sanitary
PROJECT CARDINAL
Legend
PROPOSED SANITARY SEWER
EXISTING CITY SANITARY SEWER
YBSD EXISTING SEWER
PROPOSED 24"
SANITARY SEWER
PROPOSED 16"
SANITARY SEWER
CONNECT TO EXISTING
EXHIBIT F
SANITARY SEWER IMPROVEMENTS
CONNECT TO EXISTING
PRELIMINARY COST ESTIMATE
JOB NO:
DESIGNED:
DATE:
PROJECT TITLE:
ITEM UNIT
NO.UNIT QUANTITY PRICE AMOUNT
1 FOOT 11,750 300.00$ 3,525,000.00$
2 EACH 30 12,000.00$ 360,000.00$
3 FOOT 410 350.00$ 143,500.00$
4 EACH 1 6,500.00$ 6,500.00$
5 FOOT 11,750 5.00$ 58,750.00$
6 EACH 30 600.00$ 18,000.00$
7 LSUM 1 150,000.00$ 150,000.00$
8 LSUM 1 40,000.00$ 40,000.00$
9 EACH 4 4,000.00$ 16,000.00$
10 FOOT 150 750.00$ 112,500.00$
11 EACH 4 750.00$ 3,000.00$
12 TON 50 55.00$ 2,750.00$
13 CU YD 300 50.00$ 15,000.00$
14 CU YD 75 50.00$ 3,750.00$
15 FOOT 23,500 3.00$ 70,500.00$
16 FOOT 100 100.00$ 10,000.00$
17 SQYD 200 200.00$ 40,000.00$
18 UNIT 50,000 1.00$ 50,000.00$
CONSTRUCTION COST 4,625,250.00$
925,100.00$
5,550,350.00$
LEGAL SURVEYING AND EASEMENT ACQUISITION 50,000.00$
556,000.00$
556,000.00$
TOTAL 6,712,350.00$
52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com
SELECTED GRANULAR BACKFILL
TRAFFIC CONTROL AND PROTECTION
YO2508
ADH / KDW
MARCH 2,2026
CORNEILS/ELDAMAIN INTERCEPTOR SEWER
RESTORATION
ADDITIONAL DEPTH OF MANHOLE
CONNECT TO EXISTING SANITARY MANHOLE
ITEM
SANITARY SEWER, PVC C900, DR-18, 16-INCH
SANITARY MANHOLE VACUUM TESTING
TYPE A SANITARY MANHOLE, 5' DIA., TYPE 1 FRAME AND CLOSED LID
DEFLECTION TESTING SANITARY SEWER
HMA DRIVEWAY REMOVAL AND REPLACEMENT
STABILIZED CONSTRUCTION ENTRANCE
STEEL CASING PIPE, BORE AND JACK, 30-INCH
EXPLORATORY EXCAVATION
PERIMETER EROSION BARRIER
DRAIN TILE REPAIR
NON-SPECIAL, NON-HAZARDOUS SOIL WASTE DISPOSAL
FOUNDATION MATERIAL
CONTINGENCY (20%)
DESIGN ENGINEERING
CONSTRUCTION ENGINEERING
TOTAL CONSTRUCTION COST
ALLOWANCE - ITEMS ORDERED BY THE ENGINEER
Project Cardinal
ROUTE 47ROUTE 47MIGHELL RDASHE RDELDAMAIN RDGALE
N
A
R
D
E. BEECHER RDW. BEECHER RDBASELINE RD
0 2,000 4,000
Feet
Project Cardinal Development
Ashe Rd Improvements
Baseline Rd Improvements
Galena Rd Improvements
Proposed Project Cardinal Entry Points
Engineering Enterprises, Inc.
52 Wheeler Road
Sugar Grove, Illinois 60554
(630) 466-6700 / www.eeiweb.con
EXHIBIT G1
TRANSPORTATION IMPROVEMENTS
DATE:
DECEMBER 2025United City of Yorkville
651 Prairie Pointe Drive
Yorkville, IL 60560
(630) 553-4350
www.yorkville.il.us
LOCATION MAPCONSULTING ENGINEERS
NO.DATE REVISIONS
PROJECT NO.:
YO2451
PATH:
H:/GIS/PUBLIC/YORKVILLE/2024/
YO2451_PROJECT CARDINAL ROADWAY EXHIBITSFILE:
.
ROAD TO BE
RECONSTRUCTED
ROAD TO BE
RESURFACED
ROAD TO BE
WIDENED TO 3-LANE
W/TURN LANES
INTERSECTION IMPROVEMENTS
W/ TRAFFIC SIGNAL
PRELIMINARY COST ESTIMATE
JOB NO:
DESIGNED:
DATE:
PROJECT TITLE:
ITEM UNIT
NO.UNIT QUANTITY PRICE AMOUNT
1 SY 180 25.00$ 4,500.00$
2 SY 11,150 6.00$ 66,900.00$
3 LB 8,700 0.20$ 1,740.00$
4 TON 2,575 90.00$ 231,750.00$
5 TON 1,290 100.00$ 129,000.00$
6 SY 1,225 20.00$ 24,500.00$
7 FOOT 13,500 1.00$ 13,500.00$
8 FOOT 570 2.00$ 1,140.00$
9 FOOT 100 6.00$ 600.00$
10 FOOT 65 10.00$ 650.00$
11 FOOT 240 40.00$ 9,600.00$
12 FOOT 240 150.00$ 36,000.00$
13 CY 860 35.00$ 30,100.00$
14 CY 860 35.00$ 30,100.00$
15 SY 11,560 10.00$ 115,600.00$
16 FOOT 6,500 10.00$ 65,000.00$
17 EACH 3 400.00$ 1,200.00$
18 L SUM 1 40,000.00$ 40,000.00$
19 L SUM 1 80,000.00$ 80,000.00$
SUBTOTAL 881,880.00$
CONTINGENCY (20%)176,000.00$
TOTAL 1,057,880.00$
DESIGN ENGINEERING 106,000.00$
CONSTRUCTION ENGINEERING 106,000.00$
1,269,880.00$
52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com
YO2451
JHS/CJO/BPS
December 8, 2025
Ashe Road Resurfacing
HOT-MIX ASPHALT BINDER COURSE, IL-19.0, N50
ITEM
HOT-MIX ASPHALT SURFACE REMOVAL - BUTT JOINT
BITUMINOUS MATERIALS (PRIME/TACK COAT)
HOT-MIX ASPHALT SURFACE REMOVAL, 6"
GRADING AND SHAPING DITCHES
THERMOPLASTIC PAVEMENT MARKING - LINE 4"
TOTAL PRELIMINARY COST ESTIMATE
THERMOPLASTIC PAVEMENT MARKING - LINE 24"
PIPE CULVERT REMOVAL
SIGN PANEL ASSEMBLY REMOVAL AND REPLACEMENT
TRAFFIC CONTROL AND PROTECTION
MOBILIZATION
HOT-MIX ASPHALT SURFACE COURSE, IL-9.5, MIX "D", N50
AGGREGATE SHOULDERS, TYPE B, 3"
PIPE CULVERTS, CLASS C, TYPE 1, 12"
AGGREGATE SUBGRADE IMPROVEMENT
RESTORATION
THERMOPLASTIC PAVEMENT MARKING - LINE 12"
THERMOPLASTIC PAVEMENT MARKING - LINE 6"
REMOVAL AND DISPOSAL OF UNSUITABLE MATERIALS
G:\Public\Yorkville\2024\YO2451-DR Pioneer Development- Project Cardinal\Roadway Cost Estimates\Project Cardinal Roadway PCE
PRELIMINARY COST ESTIMATE
JOB NO:
DESIGNED:
DATE:
PROJECT TITLE:
ITEM UNIT
NO.UNIT QUANTITY PRICE AMOUNT
1 SY 40 25.00$ 1,000.00$
2 CY 24,000 40.00$ 960,000.00$
3 SY 36,270 2.00$ 72,540.00$
4 SY 36,270 22.00$ 797,940.00$
5 SY 27,200 30.00$ 816,000.00$
6 LB 13,300 0.20$ 2,660.00$
7 TON 3,920 90.00$ 352,800.00$
8 TON 2,385 100.00$ 238,500.00$
9 SY 4,540 20.00$ 90,800.00$
10 SY 4,540 60.00$ 272,400.00$
11 FOOT 30,210 1.00$ 30,210.00$
12 FOOT 33 10.00$ 330.00$
13 FOOT 314 40.00$ 12,560.00$
14 FOOT 314 100.00$ 31,400.00$
15 CY 2,800 40.00$ 112,000.00$
16 SY 56,700 8.00$ 453,600.00$
17 FOOT 20,400 10.00$ 204,000.00$
18 EACH 6 400.00$ 2,400.00$
19 EACH 3 750.00$ 2,250.00$
20 L SUM 1 137,500.00$ 137,500.00$
21 L SUM 1 275,000.00$ 275,000.00$
SUBTOTAL 4,865,890.00$
CONTINGENCY (20%)973,000.00$
TOTAL 5,838,890.00$
DESIGN ENGINEERING 584,000.00$
CONSTRUCTION ENGINEERING 584,000.00$
ROW ACQUISITION 750,000.00$
7,756,890.00$
52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com
TOTAL PRELIMINARY COST ESTIMATE
PIPE CULVERT REMOVAL
PIPE CULVERTS, CLASS C, TYPE 1, 12"
AGGREGATE SUBGRADE IMPROVEMENT
RESTORATION
GRADING AND SHAPING DITCHES
HOT-MIX ASPHALT SHOULDERS, 9"
THERMOPLASTIC PAVEMENT MARKING - LINE 4"
SIGN PANEL ASSEMBLY REMOVAL AND REPLACEMENT
RELOCATE EXISTING MAILBOX
MOBILIZATION
HOT-MIX ASPHALT SURFACE REMOVAL - BUTT JOINT
TRAFFIC CONTROL AND PROTECTION
YO2451
JHS/CJO/BPS
December 8, 2025
Baseline Road Reconstruction
ITEM
THERMOPLASTIC PAVEMENT MARKING - LINE 24"
EARTH EXCAVATION
GEOTECHNICAL FABRIC FOR GROUND STABILIZATION
AGGREGATE SUBGRADE IMPROVEMENT, 12"
HOT-MIX ASPHALT BASE COURSE, 5"
BITUMINOUS MATERIALS (PRIME/TACK COAT)
HOT-MIX ASPHALT BINDER COURSE, IL-19.0, N50
HOT-MIX ASPHALT SURFACE COURSE, IL-9.5, MIX "D", N50
AGGREGATE SHOULDERS, TYPE B, 9"
G:\Public\Yorkville\2024\YO2451-DR Pioneer Development- Project Cardinal\Roadway Cost Estimates\Project Cardinal Roadway PCE
PRELIMINARY COST ESTIMATE
JOB NO:
DESIGNED:
DATE:
PROJECT TITLE:
ITEM UNIT
NO.UNIT QUANTITY PRICE AMOUNT
1 CY 4,620 40.00$ 184,800.00$
2 SY 6,930 2.00$ 13,860.00$
3 SY 6,930 22.00$ 152,460.00$
4 SY 5,540 30.00$ 166,200.00$
5 LB 2,500 0.20$ 500.00$
6 TON 800 90.00$ 72,000.00$
7 TON 480 100.00$ 48,000.00$
8 SY 670 20.00$ 13,400.00$
9 SY 670 60.00$ 40,200.00$
10 FOOT 6,000 1.00$ 6,000.00$
11 FOOT 600 4.00$ 2,400.00$
12 FOOT 90 10.00$ 900.00$
13 CY 580 40.00$ 23,200.00$
14 SY 8,330 8.00$ 66,640.00$
15 FOOT 3,000 10.00$ 30,000.00$
16 EACH 8 400.00$ 3,200.00$
17 L SUM 1 500,000.00$ 500,000.00$
18 L SUM 1 20,000.00$ 20,000.00$
19 L SUM 1 40,000.00$ 40,000.00$
SUBTOTAL 1,383,760.00$
CONTINGENCY (20%)277,000.00$
TOTAL 1,660,760.00$
DESIGN ENGINEERING 166,000.00$
CONSTRUCTION ENGINEERING 166,000.00$
ROW ACQUISITION 100,000.00$
2,092,760.00$
52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com
HOT-MIX ASPHALT BINDER COURSE, IL-19.0, N50
YO2451
JHS/CJO/BPS
December 8, 2025
Baseline Road & Ashe Road Intersection Improvements
ITEM
EARTH EXCAVATION
GEOTECHNICAL FABRIC FOR GROUND STABILIZATION
AGGREGATE SUBGRADE IMPROVEMENT, 12"
HOT-MIX ASPHALT BASE COURSE, 5"
BITUMINOUS MATERIALS (PRIME/TACK COAT)
HOT-MIX ASPHALT SURFACE COURSE, IL-9.5, MIX "D", N50
AGGREGATE SHOULDERS, TYPE B, 9"
HOT-MIX ASPHALT SHOULDERS, 9"
THERMOPLASTIC PAVEMENT MARKING - LINE 4"
THERMOPLASTIC PAVEMENT MARKING - LINE 24"
TRAFFIC SIGNAL
TRAFFIC CONTROL AND PROTECTION
MOBILIZATION
TOTAL PRELIMINARY COST ESTIMATE
THERMOPLASTIC PAVEMENT MARKING - LINE 12"
AGGREGATE SUBGRADE IMPROVEMENT
RESTORATION
GRADING AND SHAPING DITCHES
SIGN PANEL ASSEMBLY
G:\Public\Yorkville\2024\YO2451-DR Pioneer Development- Project Cardinal\Roadway Cost Estimates\Project Cardinal Roadway PCE
1
RECAPTURE AGREEMENT #2
THIS RECAPTURE AGREEMENT #2 (“Recapture Agreement”) is made and entered as of the
____ day of ________________ 2026, by and between the United City of Yorkville, Kendall County,
Illinois (the “City”) and Pioneer Development, LLC, an Illinois limited liability company (“Pioneer”).
RECITALS.
A. Pioneer is the purchaser of approximately 1,037 acres located west of North Bridge Street,
east of Ashe Road and south of Baseline Road which Pioneer intends to develop as a data center campus
(the “Development Site”).
B. In order to service the Development Site, substantial infrastructure improvements are
required including the reconstruction of Galena Road, which roadway is under the jurisdiction of Kendall
County, to include the widening of Galena Road to three lanes from Eldamain Road to Route 47 (the
“Galena Road Project”) as depicted on Exhibit A. Kendall County shall design and construct the Galena
Road Project, on the condition that the total cost of the Galena Road Project be paid by Pioneer and Prologis
L.P., both of which shall be benefitted from the Galena Road Project.
C. The City has reviewed the Galena Road Project with Pioneer and Prologis L.P., and all
agree Prologis L.P. shall be responsible for 15% and Pioneer shall be responsible for 85% of the total cost
of the Galena Road Project.
D. Pioneer is prepared to direct Kendall County to proceed with the Galena Road Project and
desires to recapture 15% of the total costs of the Galena Road Project from Prologis L.P., its successors and
assigns, subject to the terms and conditions hereinafter provided.
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 City and Pioneer hereby agree as follows:
Section 1. Recapture Costs. An estimate of the costs to construct the Project shall be received
from Kendall County (the “Recapture Costs”). It is understood and agreed that within thirty (30) days of
completion of the construction Galena Road Project an itemized list of the actual costs shall be submitted
to Pioneer and shall be appended hereto as Exhibit B (the “Final Project Costs”). Pioneer shall deliver to
the City acknowledgement of payment in full of the Final Project Costs to Kendall County.
Section 2. Collection of Final Project Costs. At such time as Prologis L.P. or its successors or
assigns, apply to the City for issuance of a building permit, the City shall:
(i) collect from Prologis L.P. or its agents, representative, successors and assigns, 15 % of the
Final Project Costs; or
(ii) waive the collection of 15% of the Final Project Costs in the event Prologis L.P. has paid
its allocated share directly to Pioneer.
Section 3. City’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 from Pioneer or Prologis L.P.
Section 4. Term. This Agreement shall commence on the date stated above and remain in full
force and effect for a period of twenty (20) years from the date Exhibit B is appended and this Recapture
2
Agreement #2 is recorded (the “Term”). Notwithstanding the Term of this Agreement, upon receipt by
Pioneer of payment in full of 15% of the Final Project Costs in full, this Recapture Agreement #2 shall
immediately terminate and all rights of recapture of 15% of the Final Project Costs on the part of Pioneer
shall cease.
Section 5. Lien. This Agreement shall be recorded against the property of Prologis L.P. upon
completion of the Galena Road Project, and the Final Projects Costs are appended to this Recapture
Agreement as Exhibit B.
Section 6. Miscellaneous Provisions.
A. Agreement: This Recapture Agreement #2 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 Prologis L.P.
B. Binding Effect: Except as otherwise herein provided, this Recapture Agreement shall inure
to the benefit of and be binding upon the successors and assigns Prologis.
C. Enforcement: Each party to this Recapture Agreement #2, and their respective successors
and assigns, may either in law or in equity, by suit, action, mandamus, or other proceeding to enforce and
compel performance of this Recapture Agreement.
D. Recordation: A true and correct copy of this Recapture Agreement #2 shall be recorded
with the Kendall County’s Recorder’s Office by the City at the cost and expense of Pioneer. This Recapture
Agreement #2 shall constitute a covenant running with the land and shall be binding upon the parties and
the successors and assigns of Prologis L.P. in accordance with the terms and provisions set forth herein.
E. Notices: Any notice required or desired to be given under this Recapture 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, on the date of confirmed telefacsimile transmission provided a hard copy of such
notice is deposited in the U.S. mail addressed to the recipient within twenty-four hours following the
telefacsimile transmission, or on the date when deposited in the U.S. Mail, registered or certified mail,
postage prepaid, return receipt requested, and addressed as follows:
Notices and communications to Pioneer shall be addressed to, and delivered at, the following addresses:
Pioneer Development, LLC
30 N. Gould Street, #38989
Sheridan, Wyoming 82801
Attn: Matt McCarron
Mahoney, Silverman & Cross, LLC
822 Infantry Drive, Suite 100
Joliet, Illinois 60435
Attn: David J. Silverman
Notices and communications to the City shall be addressed to and delivered at these addresses:
United City of Yorkville
651 Prairie Pointe
Yorkville, IL 60560
Attn: City Administrator
With a copy to:
Ottosen DiNolfo Hasenbalg & Castaldo, Ltd.
2441 Warrenville Road, Suite 310
Lisle, IL 60532
Attn: Attorney Kathleen Field Orr
3
F. Severability: The invalidity or unenforceability of any of the provisions hereof shall not
affect the validity or enforceability of the remainder of this Recapture Agreement or the charges imposed
hereunder.
G. Complete Agreement: This Recapture Agreement contains all the terms and conditions
agreed upon by the parties hereto regarding the subject matter of this Recapture Agreement shall be deemed
to exist to bind the parties. This 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 Recapture 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 Recapture
Agreement and the exhibits attached hereto are hereby incorporated herein and made a part of the substance
hereof.
J. Enforceability: This Recapture 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.
K. Corrections and Revisions: In the event that Prologis does not own the property benefitted
by the Galena Road Project, the Parties will revise this Recapture Agreement to accurately reflect the
ownership of the property benefitted by the Galena Road Project.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set forth
below their respective signatures, to be effective as of the date first written above.
United City of Yorkville,
Kendall County, Illinois
Attest:
By: By:
Mayor City Clerk
Date: , 2026
Pioneer Development, LLC
Attest:
By: By:
Its Manager
4
Date: , 2026
N. BRIDGEE. BEECHERGALENA
BASELINEASHE
W. BEECHERELDAMAINProject Cardinal
Project Steel
0 2,000 4,000
Feet
100 % Funded By Project Cardinal
50/50 Funded By Project Steel & Project Cardinal
Project Cardinal Development
Project Steel Development
Engineering Enterprises, Inc.
52 Wheeler Road
Sugar Grove, Illinois 60554
(630) 466-6700 / www.eeiweb.con
EXHIBIT A
DATE:
NOVEMBER 2025United City of Yorkville
651 Prairie Pointe Drive
Yorkville, IL 60560
(630) 553-4350
www.yorkville.il.us
GALENA ROAD
IMPROVEMENTS
CONSULTING ENGINEERS
NO.DATE REVISIONS
PROJECT NO.:
YO2508
PATH:
H:/GIS/PUBLIC/YORKVILLE/2025/
YO2508_GALENA RD IMPROVEMENTSFILE:
.
100% FUNDED BY PROJECT CARDINAL
50/50 SPLIT FUNDING
BY PROJECT STEEL & PROJECT CARDINAL
N. BRIDGEE. BEECHERB E R T R A M
GALEN
A
BASELINEASHE
JETERW. BEECHERELDAMAINProject
Cardinal
0 2,000 4,000
Feet
Proposed Shared-Use Path
Project Cardinal Development
Engineering Enterprises, Inc.
52 Wheeler Road
Sugar Grove, Illinois 60554
(630) 466-6700 / www.eeiweb.con
EXHIBIT K
PROPOSED PATH LOCATIONS
DATE:
MARCH 2026United City of Yorkville
651 Prairie Pointe Drive
Yorkville, IL 60560
(630) 553-4350
www.yorkville.il.us
LOCATION MAPCONSULTING ENGINEERS
NO.DATE REVISIONS
PROJECT NO.:
YO2451
PATH:
H:/GIS/PUBLIC/YORKVILLE/2024/
YO2451_PROJECT CARDINAL ROADWAY EXHIBITSFILE:
.
PROPOSED 10'
SHARED-USE PATH
1
RECAPTURE AGREEMENT #3
THIS RECAPTURE AGREEMENT #3 (“Recapture Agreement”) is made and entered as of the
____ day of ________________ 2026, by and between the United City of Yorkville, Kendall County,
Illinois (the “City”) and Pioneer Development, LLC, an Illinois limited liability company (“Pioneer”).
RECITALS.
A. Pioneer is the purchaser of approximately 1,037 acres located west of North Bridge Street,
east of Ashe Road and south of Baseline Road which Pioneer intends to develop as a data center campus
(the “Development Site”).
B. In order to service the Development Site, substantial infrastructure improvements are
required including an extension of the City’s sewer system to serve the Development Site in an easement
along Eldamain Road as depicted on Exhibit A (the “Sanitary Sewer Extension”).
C. The City has agreed to construct, and Pioneer has agreed to pay all expenses to design and
construct the Sanitary Sewer Extension, as depicted on Exhibit A, including all costs incurred by the City
to acquire all required temporary construction easements and permanent easements (collectively, the
“Project”).
D. Pioneer desires to recover its hard and soft costs associated with the administration, design,
engineering, construction, and oversight of the Project (collectively the “Recapture Costs”) to provide
sanitary sewer service from the City to properties along the route as depicted and as identified by parcel
numbers on Exhibit A attached hereto which properties could connect to and benefit from the Sanitary
Sewer Extension (the “Benefitted Properties”).
E. Pioneer is desirous of entering into this Recapture Agreement to provide for the fair and
equitable recapture from owners of the Benefitted Properties a portion of its costs to provide Pioneer and
the Benefitted Properties with a sanitary sewer service 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. Pioneer shall be entitled to recover its Recapture Costs pursuant
to this Recapture Agreement. It is understood and agreed that within thirty (30) days of completion of the
construction of the Sanitary Sewer Extension, and acceptance by the City, an itemized list of the actual
costs shall be submitted to Pioneer and shall be appended hereto as Exhibit B (the “Final Project Costs”).
Section 2. Benefitted Properties. Each Benefitted Property is eligible to connect Sanitary
Sewer Extension 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 a share of the Final Project Costs as allocated in Section 4 shall be revised to
reflect each subdivision during the term of this Agreement.
Section 3. Condition Precedent to Connect. A Benefitted Property shall not be eligible to
connect to the Sanitary Sewer Extension unless the Owner of the Benefitted Property has either annexed to
the City or entered into a pre-annexation agreement with the City.
2
Section 4. Final Project Cost Allocation. The City has established that the methodology to
determine the proportionate share of Final Project Costs to be allocated to each Benefitted Property which
shall be based upon the proposed usage of sanitary sewer services of each of the Benefitted Properties.
Section 5. Collection of Recapture Costs. The City shall assess against a Benefitted Property,
or any portion thereof, a potion the Final Project Costs as allocated to such Benefitted Property determined
as determined by the methodology stated in Section 4. At such time as a Benefitted Property owner applies
to the City for issuance of a building permit and connection to the Sanitary Sewer Extension, the City shall:
(i) collect from such Benefitted Owner, or its agents or representative, the applicable allocated
portion of the Final Project Costs owed hereunder by such Benefitted Property; or
(ii) waive the applicable portion of the Final Project Costs in the event the owner of the
Benefitted Property has paid its allocated share directly to Pioneer.
No Benefitted Property shall be issued a connection to the Sanitary Sewer Extension until such Benefitted
Property has fully paid the share of the Final Project Costs owed by such Benefitted Property or the City
has waived the owner’s obligation to pay the allocated Final Project Costs as provided in Section 5 (ii).
Section 6. 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 portion of the Final Project
Costs as calculated for each Benefitted Property payable to the City.
Section 7. City’s Collection of other Fees and Charges. Nothing contained in this Recapture
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 portion of the Final Project Costs to be paid by a
Benefitted Property is in addition to such other City fees and charges.
Section 8. Term. This Recapture Agreement shall commence on the date stated above and
remain in full force and effect for a period of twenty (20) years from the date Exhibit D is appended and
this Recapture Agreement #3 is recorded (the “Term”), In the event no Benefitted Property or a subdivided
portion of a Benefitted Property has connected to the Sanitary Sewer Extension within twenty (20) years
after expiration of the Term, this Recapture 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 Pioneer of
payment in full of the certified Final Project Costs, this Recapture Agreement shall immediately terminate
and all rights of recapture of Final Project Costs on the part of Pioneer shall cease.
Section 9. Lein. This Recapture Agreement shall be recorded against the Benefitted
Properties upon completion of the Sanitary Sewer Extension and acceptance by the City and Exhibit D with
the Final Projects Costs is appended. The recordation by the City of this Recapture 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 Final Project Cost applicable hereunder to such
Benefitted Property.
Section 10. Miscellaneous Provisions.
A. Agreement: This Recapture 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.
3
B. Binding Effect: Except as otherwise herein provided, this Recapture 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 Recapture Agreement and their respective successors and
assigns, may either in law or in equity, by suit, action, mandamus, or other proceeding to enforce and compel
performance of this Recapture Agreement.
D. Recordation: A true and correct copy of this Recapture Agreement shall be recorded with
the Kendall County’s Recorder’s Office by the City at the cost and expense of Pioneer. This Recapture
Agreement #1 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 Recapture 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, on the date of confirmed telefacsimile transmission provided a hard copy of such
notice is deposited in the U.S. mail addressed to the recipient within twenty-four hours following the
telefacsimile transmission, or on the date when deposited in the U.S. Mail, registered or certified mail,
postage prepaid, return receipt requested, and addressed as follows:
Notices and communications to Developer shall be addressed to, and delivered at, the following addresses:
Pioneer Development, LLC
30 N. Gould Street, #38989
Sheridan, Wyoming 82801
Attn: Matt McCarron
Mahoney, Silverman & Cross, LLC
822 Infantry Drive, Suite 100
Joliet, Illinois 60435
Attn: David J. Silverman
Notices and communications to the City shall be addressed to and delivered at these addresses:
United City of Yorkville
651 Prairie Pointe
Yorkville, IL 60560
Attn: City Administrator
With a copy to:
Ottosen DiNolfo Hasenbalg & Castaldo, Ltd.
2441 Warrenville Road, Suite 310
Lisle, IL 60532
Attn: Attorney Kathleen Field Orr
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 Recapture Agreement or the charges imposed hereunder.
G. Complete Agreement: This Recapture 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 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 Recapture Agreement, and further shall not be used to
construe the terms hereof.
4
I. Recitals and Attachments: The recitals set forth at the beginning of this Recapture
Agreement and the exhibits attached hereto are hereby incorporated herein and made a part of the substance
hereof.
J. Enforceability: This Recapture 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.
IN WITNESS WHEREOF, the Parties have executed this Recapture Agreement #1 as of the dates
set forth below their respective signatures, to be effective as of the date first written above.
United City of Yorkville,
Kendall County, Illinois
Attest:
By: By:
Mayor City Clerk
Date: , 2026
Pioneer Development, LLC
Attest:
By: By:
Its Manager
Date: , 2026
TampaBertramJeterGarritano
Rosenwi
nkelBurnettMarquetteBarrett
Galena
Willoughby
PierpontHalfMoonBristolBay
BeecherBridgeW a t e r p a rkAsheBaseline
BeecherEldamainProject Steel
Project
Cardinal
ComED
0 2,200
Feet
Engineering Enterprises, Inc.
52 Wheeler Road
Sugar Grove, Illinois 60554
(630) 466-6700 / www.eeiweb.con
EXHIBIT A
SANITARY SEWER RECAPTURE
DATE:
MARCH 2026United City of Yorkville
651 Prairie Pointe Dr.
Yorkville, IL 60560
//www.yorkville.il.us
PROJECT CARDINALCONSULTING ENGINEERS
NO.DATE REVISIONS
PROJECT NO.:
YO2451
PATH:
H:/GIS/PUBLIC/YORKVILLE/2024/
FILE:
.
F
E
D
C
B
A
YO2451_Exhibit A Potential Recapture Sanitary
Legend
COMED LIMITS
PROJECT CARDINAL
DEVELOPMENT
PROJECT STEEL
DEVELOPMENT
EXISTING CITY
SANITARY SEWER
YBSD EXISTING SEWER
PROPOSED SANITARY
SEWER
G
H
I
J
PROPOSED 16"
SANITARY SEWER
CONNECT TO EXISTING
Property Frontage PIN
A YORKVILLE NEXUS III LLC 950 FT 02-07-300-005
B YORKVILLE NEXUS III LLC 475 FT 02-07-100-014
C ELDAMAIN RENTAL 2 LLC 200 FT 02-07-100-006
D ELDAMAIN RENTAL 1 LLC 550 FT 02-07-100-013
E YORKVILLE NEXUS III LLC 975 FT 02-07-100-014
F YORKVILLE NEXUS III LLC 600 FT 02-07-100-002
G ZAVALA CELIA DEL SAGRARIO 250 FT 02-06-300-012
H LATHAM-SCHLEINING 925 FT 02-06-300-009
I ROSENWINKEL FAMILY TRUST 1,800 FT 02-06-300-011
J KONICEK FAMILY 3,250 FT 02-06-100-022
ESTIMATED SCHEDULE - PROJECT CARDINAL WATER MAIN AND SANITARY SEWER
CLIENT PROJECT NUMBER
United City of Yorkville YO2451
PROJECT TITLE DATE PREPARED BY
Project Cardinal ADH/KDW
MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Water Main - Offsite
Water Main - Onsite
16" Sanitary Sewer
52 Wheeler Road Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com
TASK
NO.TASK DESCRIPTION
BIDDING AND CONTRACTING
FINAL DESIGN
TOPOGRAPHIC SURVEY
EASEMENT ACQUISITION
BIDDING AND CONTRACTING
EASEMENT ACQUISITION
REGULATORY AGENCY COORDINATION AND PERMITTING
PRELIMINARY DESIGN
PRELIMINARY DESIGN
PRELIMINARY DESIGN
REGULATORY AGENCY COORDINATION AND PERMITTING
REGULATORY AGENCY COORDINATION AND PERMITTING
BIDDING AND CONTRACTING
3/2/26
CONSTRUCTION
FINAL DESIGN
TOPOGRAPHIC SURVEY
FINAL DESIGN
TOPOGRAPHIC SURVEY
CONSTRUCTION
2026
CONSTRUCTION
20282027
EASEMENT ACQUISITION
ESTIMATED SCHEDULE - ROADWAY INFRASTRUCTURE
CLIENT PROJECT NUMBER
United City of Yorkville YO2451
PROJECT TITLE DATE PREPARED BY
Project Cardinal JHS/CJO
MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
GALENA ROAD - KENDALL COUNTY
BASELINE ROAD - CITY
BASELINE ROAD AND ASHE ROAD INTERSECTION - CITY
ASHE ROAD - CITY
52 Wheeler Road Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com
BIDDING AND CONTRACTING
2/26/26
CONSTRUCTION
FINAL DESIGN
UTILITY COORDINATION / RELOCATION
FINAL DESIGN
UTILITY COORDINATION / RELOCATION
CONSTRUCTION
2026
CONSTRUCTION
20282027
CONSTRUCTION
TASK
NO.TASK DESCRIPTION
BIDDING AND CONTRACTING
FINAL DESIGN
UTILITY COORDINATION / RELOCATION
LAND ACQUISITION
BIDDING AND CONTRACTING
LAND ACQUISITION
Ordinance No. 2026-____
Page 1
Ordinance No. 2026-_____
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS
ANNEXING CERTAIN TERRITORY LOCATED AT THE SOUTHWEST
CORNER OF BASELINE ROAD AND NORTH BRIDGE STREET
(Project Cardinal)
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 1970 and the laws of the State; and
WHEREAS, a duly executed PETITION FOR ANNEXATION (the “Petition”) signed by
Pioneer Development, LLC, (“Pioneer”), has been filed with the City requesting that certain
territory comprising approximately 305 acres legally described on the Plat of Annexation attached
hereto as Exhibit A (the “Territory”), be annexed to the City; and
WHEREAS, there the electors residing within the Territory who have joined in the
Petition; and
WHEREAS, the Territory is not within the corporate boundaries of any municipality, and
is contiguous to the City; and
WHEREAS, legal notices regarding the intention of the City to annex the territory have
been sent to all persons and public bodies required to receive such notice by state statute including
the Trustees of the Bristol Kendall Fire Protection District; and
WHEREAS, Pioneer has negotiated an Annexation Agreement with the City regarding the
rezoning of the Territory as a planned unit development to be developed as data center campus and
the parties have also entered into several agreements in addition to the Annexation Agreement
relating to the future development of the Territory and approximately 732 acres adjacent to the
Territory (collectively the “Development Site”) which agreements provide for all obligations of
Pioneer in connection with its proposed development; and
Ordinance No. 2026-____
Page 2
WHEREAS, it is understood and agreed that it is in the best interests of the City that the
Territory be annexed but only upon Pioneer acquiring title to the Development Site.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
Section 1. That the Territory legally described and depicted in the Plat of Annexation,
attached hereto as Exhibit A, is annexed immediately upon Pioneer acquiring title to the
Development Site.
Section 2. That the City Clerk is hereby directed within 30 days of Pioneer acquiring title
to the Development Site to cause a certified copy of this Ordinance to be recorded with the Office
of the Kendall County Recorder and with the Kendall County Clerk, together with the Plat of
Annexation appended to this Ordinance.
Section 3. That this Ordinance shall be in full force and effect from and after its passage,
approval, and publication in the manner provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
____ day of __________________, A.D. 2026.
______________________________
CITY CLERK
KEN KOCH _________ DAN TRANSIER _________
ARDEN JOE PLOCHER _________ CRAIG SOLING _________
CHRIS FUNKHOUSER _________ MATT MAREK _________
RUSTY CORNEILS _________ RUSTY HYETT _________
Ordinance No. 2026-____
Page 3
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this ____ day of __________________, A.D. 2026.
______________________________
MAYOR
Attest:
______________________________
CITY CLERK
6 5
5 4
GAL
E
N
A
R
O
A
D
GALENA
R
O
A
D
ELDAMAIN ROADASHE ROADBASELINE ROAD
02-06-400-008
02-05-100-003
02-06-400-001
02-06-100-022
02-05-200-007
02-06-200-003
02-05-100-005
BEECHER ROAD6
SUGA
R G R O V E, IL.MARK G SCHE
L
L
ER035-003581
PROFESSIONAL
LAND
SURVEYOR
STATE OF
ILLINOIS
PAGE 1 OF 1
PLAT OF ANNEXATION
Engineering Enterprises, Inc.
PLAT OF ANNEXATION
UNITED CITY OF YORKVILLE
651 PRAIRIE POINT DRIVE
YORKVILLE , IL 60560
TO THE UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
02-05-200-007
THAT PART OF LOT 2 OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF THE
GOVERNMENT SURVEY OF SAID SECTION 5 DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHEAST CORNER OF SAID LOT 2; THENCE WEST 40 CHAINS (RECORD), 2652.01 FEET
(MEASURED) TO THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH 38 1/2 LINKS
(RECORD), 24.51 FEET (MEASURED) TO THE SOUTH BANK OF A DITCH; THENCE SOUTH 89
DEGREES 30 MINUTES EAST (RECORD), NORTH 88 DEGREES 05 MINUTES 41 SECONDS EAST
(MEASURED), 2593.76 FEET (MEASURED) TO THE POINT OF BEGINNING; THENCE NORTH 01
DEGREES 54 MINUTES 03 SECONDS WEST, 232.55 FEET TO A POINT ON A NON-TANGENT
CURVE; THENCE NORTHEASTERLY 68.93 FEET ALONG A CURVE TO THE LEFT, HAVING A
RADIUS OF 533.00 FEET AND WHOSE CHORD BEARS NORTH 59 DEGREES 57 MINUTES 33
SECONDS EAST, 68.88 FEET TO A POINT ON THE EAST LINE OF SAID LOT 2; THENCE SOUTH 01
DEGREES 16 MINUTES 25 SECONDS EAST ALONG SAID EAST LINE, 265.04 FEET TO THE
SOUTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 88 DEGREES 05 MINUTES 41 SECONDS
WEST, 57.84 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL
COUNTY, ILLINOIS.
02-05-100-003 & 02-05-100-005
THAT PART OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7
EAST, LYING NORTHERLY OF A LINE EXTENDING EASTERLY FROM A POINT ON THE WEST LINE
OF SAID NORTHWEST QUARTER, 2316 FEET SOUTH OF THE NORTHWEST CORNER OF SAID
SECTION 5, TO A POINT ON THE NORTH AND SOUTH CENTERLINE OF SAID SECTION, 2326.7
FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION AND LYING SOUTHERLY OF THE
COMMONWEALTH EDISON COMPANY RIGHT OF WAY LINE PURSUANT TO DOCUMENT 73-2720,
IN KENDALL COUNTY, ILLINOIS.
02-06-200-003
THAT PART OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHEAST CORNER OF SAID SECTION 6, THENCE SOUTH ON THE EAST LINE OF SAID
SECTION 6, A DISTANCE OF 2460.05 FEET TO THE INTERSECTION WITH THE MOST SOUTHERLY
LINE OF PROPERTY CONVEYED TO LASALLE NATIONAL BANK, AS TRUSTEE UNDER TRUST
AGREEMENT DATED JULY 15, 1966 AND KNOWN AS TRUST NUMBER 35339, BY A DEED DATED
JANUARY 31, 1972 AND RECORDED JANUARY 31, 1972 AS DOCUMENT 72-467 TO THE POINT OF
BEGINNING, THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID PROPERTY
CONVEYED TO LASALLE NATIONAL BANK, AS TRUSTEE UNDER TRUST NUMBER 35339, WHICH
FORMS AN ANGLE OF 89 DEGREES 57 MINUTES 27 SECONDS TO THE LEFT WITH THE EAST
LINE OF SAID SECTION 6, A DISTANCE OF 812.66 FEET, THENCE NORTH 90 DEGREES 25
MINUTES 49 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED
COURSE, A DISTANCE OF 366.94 FEET, THENCE EASTERLY 88 DEGREES 43 MINUTES 04
SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A
DISTANCE OF 809.73 FEET TO THE EAST LINE OF SAID SECTION 6, THENCE SOUTH ALONG THE
EAST LINE OF SAID SECTION 6, A DISTANCE OF 378.96 FEET TO THE POINT OF BEGINNING, IN
KENDALL COUNTY, ILLINOIS. AND ALSO THAT PART OF THE NORTHEAST QUARTER OF
SECTION 6, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 6,
THENCE SOUTH ON THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 2474.60 FEET FOR THE
POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED, THENCE WESTERLY ON A LINE
WHICH FORMS AN ANGLE OF 90 DEGREES 57 MINUTES 19 SECONDS TO THE RIGHT WITH THE
EAST LINE OF SAID SECTION 6, A DISTANCE OF 812.66 FEET, THENCE NORTH ALONG A LINE 89
DEGREES 31 MINUTES 03 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST
DESCRIBED LINE, A DISTANCE OF 1.61 FEET TO THE INTERSECTION WITH THE MOST
SOUTHERLY LINE OF THE PROPERTY CONVEYED TO LASALLE NATIONAL BANK, AS TRUSTEE
UNDER TRUST AGREEMENT DATED JULY 15, 1966 AND KNOWN AS TRUST NUMBER 35339 BY
DEED DATED JANUARY 31, 1972 AND RECORDED JANUARY 31, 1972 AS DOCUMENT 72-467,
THENCE EASTERLY ON THE SOUTHERLY LINE OF SAID PROPERTY CONVEYED TO THE
LASALLE NATIONAL BANK, A DISTANCE OF 812.66 FEET TO A POINT ON THE EAST LINE OF SAID
SECTION 6, THENCE SOUTHERLY ON SAID EAST LINE, 13.55 FEET TO THE POINT OF
BEGINNING, IN KENDALL COUNTY, ILLINOIS.
02-06-400-001
PART OF THE EAST 1/2 OF SECTION 6; TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION; THENCE NORTHERLY ALONG
THE EASTERLY LINE OF SAID SECTION 6, A DISTANCE OF 3407.85 FEET TO THE SOUTH LINE OF
PROPERTY CONVEYED TO SUSAN SCHMIDT BY WARRANTY DEED RECORDED DECEMBER 18,
1929 IN BOOK 80, PAGES 334 AND 335; THENCE WEST ALONG THE SOUTH LINE OF PROPERTY
CONVEYED TO SUSAN SCHMIDT A DISTANCE OF 1552.74 FEET TO THE EAST LINE OF
PROPERTY CONVEYED TO EARL P KONICEK AND WIFE BY WARRANTY DEED DATED
DECEMBER 4, 1961 RECORDED AS DOCUMENT 136414, THENCE SOUTH ALONG THE EAST LINE
OF PROPERTY CONVEYED TO EARL P. KONICEK AND WIFE 1240.82 FEET TO THE CENTER LINE
OF GALENA ROAD, FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH ALONG THE
PROLONGATION OF THE LAST DESCRIBED COURSE A DISTANCE 919.13 FEET TO AN ANGLE
POINT WHICH IS 1312.43 FEET PERPENDICULARLY DISTANCE NORTH OF SAID SOUTH LINE OF
SAID SECTION 6; THENCE SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 26
DEGREES 45 MINUTES 35 SECOND TO THE RIGHT WITH A PROLONGATION OF THE LAST
DESCRIBED COURSE A DISTANCE OF 332.08 FEET TO THE NORTH LINE OF PARCEL TWO OF
PROPERTY CONVEYED TO CHICAGO TITLE AND TRUST COMPANY, AS TRUSTEE UNDER TRUST
NUMBER 45553 BY CONSERVATORS DEED RECORDED SEPTEMBER 17, 1973 AS DOCUMENT
73-4671; THENCE WESTERLY ALONG SAID NORTHERLY LINE FORMING AN ANGLE OF 62
DEGREES 01 MINUTES 01 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST
DESCRIBED COURSE, A DISTANCE 646.8 FEET TO THE CENTER LINE OF BEECHER ROAD;
THENCE NORTHEASTERLY ALONG SAID CENTER LINE 1362.40 FEET TO THE CENTER LINE OF
GALENA ROAD; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE 460.52 FEET TO THE
POINT OF BEGINNING; IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS,
02-06-400-008
THAT PART OF THE EAST 1/2 OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF GALENA ROAD WITH THE EAST
LINE OF SAID SECTION; THENCE NORTH 70 DEGREES 55 MINUTES WEST ALONG SAID CENTER
LINE 276 FEET; THENCE SOUTH PARALLEL TO THE EAST LINE OF SAID SECTION 8, 200 FEET;
THENCE SOUTH 70 DEGREES 55 MINUTES EAST 270 FEET TO THE EAST LINE OF SAID
SECTION; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 1456.6 FEET TO THE
SOUTHEAST CORNER OF SAID SECTION; THENCE WEST ALONG THE SOUTH LINE OF SAID
SECTION 470.51 FEET TO THE EASTERLY LINE OF PARCEL TWO OF THE PROPERTY CONVEYED
TO CHICAGO TITLE AND TRUST COMPANY TRUSTEE UNDER TRUST NUMBER 45553 BY
CONSERVATORS DEED RECORDED SEPTEMBER 17, 1973 AS DOCUMENT R73-4671; THENCE
NORTHERLY ALONG SAID EASTERLY LINE 1006.52 FEET TO THE NORTHEASTERLY CORNER OF
SAID PARCEL; THENCE WESTERLY ALONG THE NORTH LINE OF SAID PARCEL TWO 388.83 FEET
TO THE INTERSECTION OF SAID NORTH LINE WITH THE EASTERLY LINE OF THE PROPERTY
DESCRIBED IN PARCEL ONE OF SAID DOCUMENT 73-4671; THENCE NORTHEASTERLY ALONG
SAID EASTERLY LINE OF PARCEL ONE A DISTANCE OF 115.02 FEET TO AN ANGLE POINT ON
SAID EASTERLY LINE OF PARCEL ONE WHICH IS 1112.06 FEET PERPENDICULARLY DISTANCE
NORTH OF THE SOUTH LINE OF SAID SECTION; THENCE NORTH ALONG A LINE FORMING AN
ANGLE 26 DEGREES 45 MINUTES 38 SECOND TO THE LEFT WITH THE PROLONGATION OF THE
LAST DESCRIBED COURSE A DISTANCE OF 2329.35 FEET TO THE SOUTH LINE OF PROPERTY
CONVEYED TO DIANE R. KAPCHINSKI BY TRUSTEES DEED RECORDED JUNE 14, 1973 AS
DOCUMENT 73-28243; THENCE EAST ALONG THE SOUTH LINE OF PROPERTY CONVEYED TO
DIANE R. KAPCHINSKI 812.68 FEET TO THE EAST LIEN OF SAID SECTION 6; THENCE
SOUTHERLY ALONG THE EAST LINE OF SAID SECTION 6, 1319.90 FEET TO THE POINT OF
BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS, EXCEPT THE LEGAL
DESCRIPTION INCLUDED IN THE WARRANTY DEED RECORDED AUGUST 24, 2020 AS
DOCUMENT 202000016040.
02-06-100-022
A PART OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN AND PART OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 6 EAST OF THE THIRD
PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER
OF SAID SECTION 6, THENCE EAST 19.508 CHAINS (1,287.528 FEET) TO AN IRON STAKE FOR
PLACE OF BEGINNING, THENCE EAST ON THE NORTH LINE OF SAID SECTION 6, 44.599 CHAINS
(2,943.534 FEET), THENCE SOUTH 16 MINUTES WEST 56.242 CHAINS (3,711.972 FEET) TO THE
CENTER OF THE HIGHWAY, THENCE NORTH 73 DEGREES 58 MINUTES WEST 3.473 CHAINS
(229.218 FEET) ALONG THE CENTER OF THE HIGHWAY, THENCE NORTH 79 DEGREES 37
MINUTES WEST 52.777 CHAINS (3,483.282 FEET) ALONG THE CENTER OF THE HIGHWAY,
THENCE NORTH 79 DEGREES 16 MINUTES WEST 8.03 CHAINS (529.98 FEET) ALONG THE
CENTER OF THE HIGHWAY TO AN IRON STAKE, THENCE NORTH 18 DEGREES 05 MINUTES
EAST 10.258 CHAINS (677.028 FEET) TO AN IRON STAKE, THENCE NORTH 72 DEGREES 01
MINUTE WEST 6.632 CHAINS (437.712 FEET) TO AN IRON STAKE, THENCE NORTH 27 DEGREES
51 MINUTES EAST 11.60 CHAINS (765.6 FEET) TO AN IRON STAKE, THENCE NORTH 89 DEGREES
25 MINUTES EAST 11.535 CHAINS (761.31 FEET) TO THE CENTER OF THE HIGHWAY, THENCE
NORTH 12 DEGREES 40 MINUTES EAST TO THE PLACE OF THE BEGINNING, SITUATED IN
KENDALL COUNTY, ILLINOIS, EXCEPTING THEREFROM THAT PART LYING WESTERLY OF THE
WEST LINE OF ASHE ROAD CONVEYED BY DOCUMENT 200200024565.
Ordinance No. 2025-____
Page 1
Ordinance No. 2026-_____
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, APPROVING THE REZONING TO THE M-2 GENERAL
MANUFACTURING ZONING DISTRICT OF CERTAIN TERRITORY
LOCATED AT THE SOUTHWEST CORNER OF BASELINE ROAD
AND NORTH BRIDGE STREET (STATE ROUTE 47)
(Project Cardinal)
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, Pioneer Development, LLC, an Illinois limited liability company
(“Applicant”), is the contract purchaser of approximately 1,037 acres of property, located just south
of Baseline Road, west of North Bridge Street (State Route 47), and east of Ashe Road (“Subject
Property”) within the corporate limits of the City, legally described in Exhibit A and as shown on
Exhibit B attached hereto and made a part hereof; and
WHEREAS, the Applicant desires to rezone the Subject Property, which is currently
classified as a mix of R-2 Single-Family Traditional Residence District, R-3 Multi-Family
Attached Residence District, and B-3 General Business District into the M-2 General
Manufacturing Zoning District; and
WHEREAS, the Planning and Zoning Commission convened and held a public hearing
on July 9, 2025, to consider the rezoning after publication of notice and notice to property owners
within five hundred (500) feet of the Subject Property; and
WHEREAS, the Planning and Zoning Commission reviewed the standards set forth in
Section 10-8-12 of the City’s Unified Development Ordinance and made findings of fact and
recommended approval of the rezoning to the Mayor and City Council (“Corporate Authorities”);
and
Ordinance No. 2025-____
Page 2
WHEREAS, the Planning and Zoning Commission recommend rezoning to M-2 General
Manufacturing District, so long as the use of the Subject Property is restricted to M-2 uses that
align with other surrounding property uses; and
WHEREAS, the Corporate Authorities have received and considered the recommendation
of the Planning and Zoning Commission.
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 herein and made a part of this Ordinance.
Section 2. The Planning and Zoning Commission recommended approval of this rezoning
request after making the following Findings of Fact:
i. Due to recent trends in rezoning and development in the area, the proposed rezoning
is consistent with the Comprehensive Plan and the purposes of the City’s Unified
Development Ordinance UDO.
ii. Existing zoning classifications in the area of the Subject Property are primarily
residential and agricultural. The rezoning is compatible with the existing and
planned uses and zoning of nearby properties, as other properties in the immediate
area have also requested M-2 zoning from the City for the purpose of developing
data centers.
iii. The subject property is suitable for the purposes of the M-2 zoning district, as has
been vacant in its current zoning designation for an extended period. Additionally,
the Subject Property’s size allows for a data center development with buffering on
the outer border to protect uses within surrounding properties.
Ordinance No. 2025-____
Page 3
iv. The proposed rezoning will result in an individual parcel zoned in one zoning
district that is not shared by any adjacent parcels.
v. The property meets the minimum frontage and area requirements of the M-2 zoning
district as specified in Section 10-3-9(A) of the UDO.
vi. There is a community need for the proposed use, as a data center will not only meet
the increasing demand for data centers in the Chicagoland area, but will also
provide local infrastructure enhancements and expansion of public utilities.
vii. The property has been vacant as a blend of agricultural, residential and commercial
uses for an extended period.
Section 3. Upon Pioneer acquiring title to the Subject Property, that the Corporate
Authorities hereby rezone the Subject Property, legally described in the attached Exhibit A, with
Property Index Numbers 02-05-300-003, 02-04-300-032, 02-04-300-024, 02-05-400-021, 02-09-
100-031, 02-09-100-030, 02-04-100-015, 02-05-200-007, 02-06-100-022, 02-06-200-002, 02-05-
400-022, 02-05-200-006, 02-04-100-016, 02-06-400-008, 02-06-200-003, 02-05-100-003, 02-05-
100-005, 02-05-400-009, 02-04-300-018, 02-04-300-017, 02-06-400-001, 02-05-200-004, 02-05-
200-001, into the M-2 General Manufacturing Zoning District.
Section 4. That this Ordinance shall be in full force and effect upon its passage, approval
and publication as provided by law.
[Remainder of page intentionally blank. Roll call vote follows.]
Ordinance No. 2025-____
Page 4
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
____ day of __________________, A.D. 2025.
______________________________
CITY CLERK
KEN KOCH _________ DAN TRANSIER _________
ARDEN JOE PLOCHER _________ CRAIG SOLING _________
CHRIS FUNKHOUSER _________ MATT MAREK _________
RUSTY CORNEILS _________ RUSTY HYETT _________
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this ____ day of __________________, A.D. 2026.
______________________________
MAYOR
Attest:
______________________________
CITY CLERK
6 5
5 4
GAL
E
N
A
R
O
A
D
GALENA
R
O
A
D
ELDAMAIN ROADASHE ROADBASELINE ROAD
02-06-400-008
02-05-100-003
02-06-400-001
02-06-100-022
02-05-200-007
02-06-200-003
02-05-100-005
BEECHER ROAD6
SUGA
R G R O V E, IL.MARK G SCHE
L
L
ER035-003581
PROFESSIONAL
LAND
SURVEYOR
STATE OF
ILLINOIS
PAGE 1 OF 1
PLAT OF ANNEXATION
Engineering Enterprises, Inc.
PLAT OF ANNEXATION
UNITED CITY OF YORKVILLE
651 PRAIRIE POINT DRIVE
YORKVILLE , IL 60560
TO THE UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
02-05-200-007
THAT PART OF LOT 2 OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF THE
GOVERNMENT SURVEY OF SAID SECTION 5 DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHEAST CORNER OF SAID LOT 2; THENCE WEST 40 CHAINS (RECORD), 2652.01 FEET
(MEASURED) TO THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH 38 1/2 LINKS
(RECORD), 24.51 FEET (MEASURED) TO THE SOUTH BANK OF A DITCH; THENCE SOUTH 89
DEGREES 30 MINUTES EAST (RECORD), NORTH 88 DEGREES 05 MINUTES 41 SECONDS EAST
(MEASURED), 2593.76 FEET (MEASURED) TO THE POINT OF BEGINNING; THENCE NORTH 01
DEGREES 54 MINUTES 03 SECONDS WEST, 232.55 FEET TO A POINT ON A NON-TANGENT
CURVE; THENCE NORTHEASTERLY 68.93 FEET ALONG A CURVE TO THE LEFT, HAVING A
RADIUS OF 533.00 FEET AND WHOSE CHORD BEARS NORTH 59 DEGREES 57 MINUTES 33
SECONDS EAST, 68.88 FEET TO A POINT ON THE EAST LINE OF SAID LOT 2; THENCE SOUTH 01
DEGREES 16 MINUTES 25 SECONDS EAST ALONG SAID EAST LINE, 265.04 FEET TO THE
SOUTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 88 DEGREES 05 MINUTES 41 SECONDS
WEST, 57.84 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL
COUNTY, ILLINOIS.
02-05-100-003 & 02-05-100-005
THAT PART OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7
EAST, LYING NORTHERLY OF A LINE EXTENDING EASTERLY FROM A POINT ON THE WEST LINE
OF SAID NORTHWEST QUARTER, 2316 FEET SOUTH OF THE NORTHWEST CORNER OF SAID
SECTION 5, TO A POINT ON THE NORTH AND SOUTH CENTERLINE OF SAID SECTION, 2326.7
FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION AND LYING SOUTHERLY OF THE
COMMONWEALTH EDISON COMPANY RIGHT OF WAY LINE PURSUANT TO DOCUMENT 73-2720,
IN KENDALL COUNTY, ILLINOIS.
02-06-200-003
THAT PART OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHEAST CORNER OF SAID SECTION 6, THENCE SOUTH ON THE EAST LINE OF SAID
SECTION 6, A DISTANCE OF 2460.05 FEET TO THE INTERSECTION WITH THE MOST SOUTHERLY
LINE OF PROPERTY CONVEYED TO LASALLE NATIONAL BANK, AS TRUSTEE UNDER TRUST
AGREEMENT DATED JULY 15, 1966 AND KNOWN AS TRUST NUMBER 35339, BY A DEED DATED
JANUARY 31, 1972 AND RECORDED JANUARY 31, 1972 AS DOCUMENT 72-467 TO THE POINT OF
BEGINNING, THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID PROPERTY
CONVEYED TO LASALLE NATIONAL BANK, AS TRUSTEE UNDER TRUST NUMBER 35339, WHICH
FORMS AN ANGLE OF 89 DEGREES 57 MINUTES 27 SECONDS TO THE LEFT WITH THE EAST
LINE OF SAID SECTION 6, A DISTANCE OF 812.66 FEET, THENCE NORTH 90 DEGREES 25
MINUTES 49 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED
COURSE, A DISTANCE OF 366.94 FEET, THENCE EASTERLY 88 DEGREES 43 MINUTES 04
SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A
DISTANCE OF 809.73 FEET TO THE EAST LINE OF SAID SECTION 6, THENCE SOUTH ALONG THE
EAST LINE OF SAID SECTION 6, A DISTANCE OF 378.96 FEET TO THE POINT OF BEGINNING, IN
KENDALL COUNTY, ILLINOIS. AND ALSO THAT PART OF THE NORTHEAST QUARTER OF
SECTION 6, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 6,
THENCE SOUTH ON THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 2474.60 FEET FOR THE
POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED, THENCE WESTERLY ON A LINE
WHICH FORMS AN ANGLE OF 90 DEGREES 57 MINUTES 19 SECONDS TO THE RIGHT WITH THE
EAST LINE OF SAID SECTION 6, A DISTANCE OF 812.66 FEET, THENCE NORTH ALONG A LINE 89
DEGREES 31 MINUTES 03 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST
DESCRIBED LINE, A DISTANCE OF 1.61 FEET TO THE INTERSECTION WITH THE MOST
SOUTHERLY LINE OF THE PROPERTY CONVEYED TO LASALLE NATIONAL BANK, AS TRUSTEE
UNDER TRUST AGREEMENT DATED JULY 15, 1966 AND KNOWN AS TRUST NUMBER 35339 BY
DEED DATED JANUARY 31, 1972 AND RECORDED JANUARY 31, 1972 AS DOCUMENT 72-467,
THENCE EASTERLY ON THE SOUTHERLY LINE OF SAID PROPERTY CONVEYED TO THE
LASALLE NATIONAL BANK, A DISTANCE OF 812.66 FEET TO A POINT ON THE EAST LINE OF SAID
SECTION 6, THENCE SOUTHERLY ON SAID EAST LINE, 13.55 FEET TO THE POINT OF
BEGINNING, IN KENDALL COUNTY, ILLINOIS.
02-06-400-001
PART OF THE EAST 1/2 OF SECTION 6; TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION; THENCE NORTHERLY ALONG
THE EASTERLY LINE OF SAID SECTION 6, A DISTANCE OF 3407.85 FEET TO THE SOUTH LINE OF
PROPERTY CONVEYED TO SUSAN SCHMIDT BY WARRANTY DEED RECORDED DECEMBER 18,
1929 IN BOOK 80, PAGES 334 AND 335; THENCE WEST ALONG THE SOUTH LINE OF PROPERTY
CONVEYED TO SUSAN SCHMIDT A DISTANCE OF 1552.74 FEET TO THE EAST LINE OF
PROPERTY CONVEYED TO EARL P KONICEK AND WIFE BY WARRANTY DEED DATED
DECEMBER 4, 1961 RECORDED AS DOCUMENT 136414, THENCE SOUTH ALONG THE EAST LINE
OF PROPERTY CONVEYED TO EARL P. KONICEK AND WIFE 1240.82 FEET TO THE CENTER LINE
OF GALENA ROAD, FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH ALONG THE
PROLONGATION OF THE LAST DESCRIBED COURSE A DISTANCE 919.13 FEET TO AN ANGLE
POINT WHICH IS 1312.43 FEET PERPENDICULARLY DISTANCE NORTH OF SAID SOUTH LINE OF
SAID SECTION 6; THENCE SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 26
DEGREES 45 MINUTES 35 SECOND TO THE RIGHT WITH A PROLONGATION OF THE LAST
DESCRIBED COURSE A DISTANCE OF 332.08 FEET TO THE NORTH LINE OF PARCEL TWO OF
PROPERTY CONVEYED TO CHICAGO TITLE AND TRUST COMPANY, AS TRUSTEE UNDER TRUST
NUMBER 45553 BY CONSERVATORS DEED RECORDED SEPTEMBER 17, 1973 AS DOCUMENT
73-4671; THENCE WESTERLY ALONG SAID NORTHERLY LINE FORMING AN ANGLE OF 62
DEGREES 01 MINUTES 01 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST
DESCRIBED COURSE, A DISTANCE 646.8 FEET TO THE CENTER LINE OF BEECHER ROAD;
THENCE NORTHEASTERLY ALONG SAID CENTER LINE 1362.40 FEET TO THE CENTER LINE OF
GALENA ROAD; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE 460.52 FEET TO THE
POINT OF BEGINNING; IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS,
02-06-400-008
THAT PART OF THE EAST 1/2 OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF GALENA ROAD WITH THE EAST
LINE OF SAID SECTION; THENCE NORTH 70 DEGREES 55 MINUTES WEST ALONG SAID CENTER
LINE 276 FEET; THENCE SOUTH PARALLEL TO THE EAST LINE OF SAID SECTION 8, 200 FEET;
THENCE SOUTH 70 DEGREES 55 MINUTES EAST 270 FEET TO THE EAST LINE OF SAID
SECTION; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 1456.6 FEET TO THE
SOUTHEAST CORNER OF SAID SECTION; THENCE WEST ALONG THE SOUTH LINE OF SAID
SECTION 470.51 FEET TO THE EASTERLY LINE OF PARCEL TWO OF THE PROPERTY CONVEYED
TO CHICAGO TITLE AND TRUST COMPANY TRUSTEE UNDER TRUST NUMBER 45553 BY
CONSERVATORS DEED RECORDED SEPTEMBER 17, 1973 AS DOCUMENT R73-4671; THENCE
NORTHERLY ALONG SAID EASTERLY LINE 1006.52 FEET TO THE NORTHEASTERLY CORNER OF
SAID PARCEL; THENCE WESTERLY ALONG THE NORTH LINE OF SAID PARCEL TWO 388.83 FEET
TO THE INTERSECTION OF SAID NORTH LINE WITH THE EASTERLY LINE OF THE PROPERTY
DESCRIBED IN PARCEL ONE OF SAID DOCUMENT 73-4671; THENCE NORTHEASTERLY ALONG
SAID EASTERLY LINE OF PARCEL ONE A DISTANCE OF 115.02 FEET TO AN ANGLE POINT ON
SAID EASTERLY LINE OF PARCEL ONE WHICH IS 1112.06 FEET PERPENDICULARLY DISTANCE
NORTH OF THE SOUTH LINE OF SAID SECTION; THENCE NORTH ALONG A LINE FORMING AN
ANGLE 26 DEGREES 45 MINUTES 38 SECOND TO THE LEFT WITH THE PROLONGATION OF THE
LAST DESCRIBED COURSE A DISTANCE OF 2329.35 FEET TO THE SOUTH LINE OF PROPERTY
CONVEYED TO DIANE R. KAPCHINSKI BY TRUSTEES DEED RECORDED JUNE 14, 1973 AS
DOCUMENT 73-28243; THENCE EAST ALONG THE SOUTH LINE OF PROPERTY CONVEYED TO
DIANE R. KAPCHINSKI 812.68 FEET TO THE EAST LIEN OF SAID SECTION 6; THENCE
SOUTHERLY ALONG THE EAST LINE OF SAID SECTION 6, 1319.90 FEET TO THE POINT OF
BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS, EXCEPT THE LEGAL
DESCRIPTION INCLUDED IN THE WARRANTY DEED RECORDED AUGUST 24, 2020 AS
DOCUMENT 202000016040.
02-06-100-022
A PART OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN AND PART OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 6 EAST OF THE THIRD
PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER
OF SAID SECTION 6, THENCE EAST 19.508 CHAINS (1,287.528 FEET) TO AN IRON STAKE FOR
PLACE OF BEGINNING, THENCE EAST ON THE NORTH LINE OF SAID SECTION 6, 44.599 CHAINS
(2,943.534 FEET), THENCE SOUTH 16 MINUTES WEST 56.242 CHAINS (3,711.972 FEET) TO THE
CENTER OF THE HIGHWAY, THENCE NORTH 73 DEGREES 58 MINUTES WEST 3.473 CHAINS
(229.218 FEET) ALONG THE CENTER OF THE HIGHWAY, THENCE NORTH 79 DEGREES 37
MINUTES WEST 52.777 CHAINS (3,483.282 FEET) ALONG THE CENTER OF THE HIGHWAY,
THENCE NORTH 79 DEGREES 16 MINUTES WEST 8.03 CHAINS (529.98 FEET) ALONG THE
CENTER OF THE HIGHWAY TO AN IRON STAKE, THENCE NORTH 18 DEGREES 05 MINUTES
EAST 10.258 CHAINS (677.028 FEET) TO AN IRON STAKE, THENCE NORTH 72 DEGREES 01
MINUTE WEST 6.632 CHAINS (437.712 FEET) TO AN IRON STAKE, THENCE NORTH 27 DEGREES
51 MINUTES EAST 11.60 CHAINS (765.6 FEET) TO AN IRON STAKE, THENCE NORTH 89 DEGREES
25 MINUTES EAST 11.535 CHAINS (761.31 FEET) TO THE CENTER OF THE HIGHWAY, THENCE
NORTH 12 DEGREES 40 MINUTES EAST TO THE PLACE OF THE BEGINNING, SITUATED IN
KENDALL COUNTY, ILLINOIS, EXCEPTING THEREFROM THAT PART LYING WESTERLY OF THE
WEST LINE OF ASHE ROAD CONVEYED BY DOCUMENT 200200024565.
3$5.,1*63$&(667250:$7(50$1$*(0(17%$6,167250:$7(50$1$*(0(17%$6,167250:$7(50$1$*(0(17%$6,167250:$7(50$1$*(0(17%$6,1%8,/',1*6725<'$7$&(17(587,/,7<6:,7&+<$5'&86720(568%67$7,21&86720(568%67$7,21%$6(/,1(52$'5287(*$/(1$52$'$6+(5
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EXHIBIT A
WATER PLANNING FOR DATA
CENTER DEVELOPMENTS
PROGRESS MEETING
MARCH 6, 2026
1
1. Background
2. Population and Water Use
3. Needs Assessment
4. Water Model Analysis
5. Recommendations
6. Connection Fee
Agenda
2
BACKGROUND
3
Goals:
• Determine the storage and supply needs under the following
scenarios:
Under Lake Michigan supply conditions
Under emergency conditions when City operates on wells
• Update and verify the model (steady-state and extended
period simulation model)
• Determine water main size and general available flows/static
pressures for new developments under the following two (2)
scenarios:
Under Lake Michigan supply conditions
Under emergency conditions when City operates on wells
4
Goals:
• Analyze water quality/age
• Evaluate strengths and capacity of the existing distribution system
• Develop master plan exhibit for water works system
improvements, conceptual cost estimates, and implementation
plan
• Evaluate backup water well options
• Prepare summary report
• Connection fee analysis
5
Study Area:
• Focus is in the
North Pressure
Zone due to
potential data
center
developments
6
POPULATION
AND WATER USE
7
Population
Projections:
City's Residential Development
Population ProjectionsIDNR Submittal
Population
Comparison
Difference
Population %
Increase
Projected
Population
Estimated # of
Permits (Based on
3 PE/unit)
% Increase Based
on 5-year CMAP
Projection
Total Population
for Yorkville
Lake Michigan
Allocation
PopulationYear
021,53321,53321,5332020
-5325.01%22,6115377.48%23,1432021
-1,4763.48%23,3975777.48%24,8732022
-2,1994.86%24,5336207.48%26,7322023
-3,3943.27%25,3366667.48%28,7302024
-4,8792.62%25,9997167.48%30,87830,8782025
-4,5572.53%26,6571121.09%31,2142026
-4,2012.61%27,3531131.09%31,5542027
-3,8472.55%28,0501141.09%31,8972028
-3,4982.48%28,7461161.09%32,2442029
-3,1522.42%29,4431171.09%32,59532,5952030
-2,822
2.45%
30,1651311.20%32,9872031
-2,47830,9051321.20%33,3832032
-2,12231,6631341.20%33,7852033
-1,75232,4391351.20%34,1912034
-1,36833,2341371.20%34,60234,6022035
-1,07034,0491721.49%35,1192036
-76034,8841751.49%35,6442037
-43835,7391781.49%36,1772038
-10336,6151801.49%36,7182039
24637,5131831.49%37,26737,2672040
38238,4332612.10%38,0512041
52439,3752672.10%38,8512042
67240,3402722.10%39,6682043
827
41,3292782.10%40,5022044
98842,3422842.10%41,35441,3542045
81143,3804052.94%42,5692046
62544,4444172.94%43,8192047
42745,5344292.94%45,1072048
21846,6504422.94%46,4322049
047,7964552.94%47,79647,7962050
•IDNR Submittal
population based
on Census
•2023 Residential
Development
Inventory
Projections are only
provided through
2030. The
remaining
projections for this
analysis are based
on a straightline
population increase
of 2.45% from 2030
to 2050.
8
Population Projections:
• Consistent with Lake Michigan Permit Submittal
0
10,000
20,000
30,000
40,000
50,000
60,000
2020 2025 2030 2035 2040 2045 2050Population
Year
Lake Michigan Allocation Population City's Residential Development Population Projections
Projected Population 9
Projected Developments
10
Projected Water Use – Data Center Assumptions:
• Average day water use estimates
received from developers for Cyrus
One, Project Cardinal, Project Steel.
•MDD:ADD
Cyrus One = 2.49 (per
Development Agreement)
All others = 1.7 (per DWC
Agreement)
• The ratio of average day demand
(GPD) per building square foot from
Project Cardinal (0.0024 GPD/SF) was
used to estimate average day demand
for GD-Hagemann, GD-Meyer, GD-50
acre site, GD-Kelaka/Daniels/Hamman.
DENOTES SPECIFIC WATER USE ESTIMATES RECEIVED 8/29/2025 FROM DEVELOPERS FOR CYRUS ONE, PROJECT CARDINAL, AND PROJECT STEEL. 11
PROJECTED AVERAGE DAY
(GPD)
PROJECTED MAXIMUM DAY
(GPD)
ADD Estimated by Developer/
Project Cardinal
MDD Estimated by Developer/
Project Cardinal
DATA CENTERS
CYRUS ONE CHI 11 3,448,800 9,228 23,004 2.49
PIONEER / PROJECT CARDINAL 17,313,002 42,000 71,400 1.70
PROLOGIS / PROJECT STEEL 13,647,600 23,198 39,437 1.70
GREEN DOOR - HAGEMANN 1,941,588 4,710 8,007 1.70
GREEN DOOR - MEYER 1,500,000 3,639 6,186 1.70
GREEN DOOR - 50 ACRE SITE 500,000 1,213 2,062 1.70
CYRUS ONE CHI 12 DEVELOPMENT 739,161 2,307 3,922 1.70
GREEN DOOR - KELAKA / DANIELS /
HAMMAN 5,000,000 12,130 20,620 1.70
TOTALS 44,090,151 98,425 174,639
MAXIMUM ADDITIONAL SUPPLY ABOVE
IDNR ALLOCATION6 1,764,706 3,000,000 1.70
DEVELOPMENT
TOTAL BUILDING
SQUARE
FOOTAGE
MDD:ADD4
PROJECTED AVERAGE DAY
(GPD)
PROJECTED MAXIMUM DAY
(GPD)
ADD Estimated by Developer/
Project Cardinal
MDD Estimated by Developer/
Project Cardinal
DATA CENTERS
CYRUS ONE CHI 11 3,448,800 9,228 23,004 2.49
PIONEER / PROJECT CARDINAL 17,313,002 42,000 71,400 1.70
PROLOGIS / PROJECT STEEL 13,647,600 23,198 39,437 1.70
GREEN DOOR - HAGEMANN 1,941,588 4,710 8,007 1.70
GREEN DOOR - MEYER 1,500,000 3,639 6,186 1.70
GREEN DOOR - 50 ACRE SITE 500,000 1,213 2,062 1.70
CYRUS ONE CHI 12 DEVELOPMENT 739,161 2,307 3,922 1.70
GREEN DOOR - KELAKA / DANIELS /
HAMMAN 5,000,000 12,130 20,620 1.70
TOTALS 44,090,151 98,425 174,639
MAXIMUM ADDITIONAL SUPPLY ABOVE
IDNR ALLOCATION6 1,764,706 3,000,000 1.70
DEVELOPMENT
TOTAL BUILDING
SQUARE
FOOTAGE
MDD:ADD4
Historical and Projected Water Use
12
3.660 MGD
3.566 MGD
6.566 MGD
0.00
0.50
1.00
1.50
2.00
2.50
3.00
3.50
4.00
4.50
5.00
5.50
6.00
6.50
7.00
2027 2028 2029 2030 2035 2040 2045 2050MGDProjected Average Day Demand Relative to IDNR Allocation
Projected ADD
(City + Data Centers)
Projected ADD
(City minus Data Centers)
IDNR Allocation (ADD)IDNR + Additional 3.0 MGD
Surplus/Deficit
Relative to IDNR
Allocation
Projected ADD
(City + Data Centers)
IDNR +
Additional 3.0
MGD
IDNR Allocation
(ADD)Year
1.9312027
0.4501.9895.4392.4392028
0.3862.0505.4362.4362029
0.3232.1095.4322.4322030
0.1482.4335.5812.5812035
0.0092.7715.7802.7802040
-0.0573.1426.0853.0852045
-0.0943.6606.5663.5662050
NEEDS
ASSESSMENT
13
Needs Assessment – Whole System
14
CALENDAR YEAR
TEST PARAMETERS 205020452040203520302029202820272024
LAKE MICHIGAN SUPPLY
GPM708GPM1,068GPM1,326GPM1,560GPM2,585GPM2,626GPM2,668Ultimate Source Capacity11.0
GPM1,983GPM2,343GPM2,601GPM2,835GPM3,860GPM3,901GPM3,943Reliable Source Capacity22.0
GPM-65GPM-40GPM6GPM102GPM224GPM268GPM312Current IDNR Allocation - Avg Day
33.0
GPM-112GPM-68GPM10GPM174GPM381GPM454GPM531Current IDNR Allocation - Max Day
44.0
EMERGENCY BACKUP WELLS
GPM708GPM1,068GPM1,326GPM1,560GPM2,585GPM2,626GPM2,668GPM1,770GPM1,109Ultimate Source Capacity55.0
GPM2,975GPM3,514GPM3,901GPM4,253GPM5,791GPM5,852GPM5,915GPM1,905GPM1,264Reliable Source Capacity66.0
STORAGE
GAL1,723,880GAL1,961,522GAL2,171,362GAL2,331,616GAL2,518,790GAL2,546,655GAL2,827,992GAL2,140,437GAL1,199,333Peak Hour Storage77.0
GAL4,274,361GAL4,360,944GAL4,428,083GAL4,498,788GAL4,572,072GAL4,589,181GAL5,006,847GAL5,018,582GAL3,299,625Fire Flow88.0
GAL8,441,944GAL8,142,737GAL7,995,257GAL7,994,597GAL8,065,980GAL8,130,602GAL8,597,629GAL4,965,250GAL3,378,977Emergency Supply99.0
GAL9,951,944GAL9,652,737GAL9,505,257GAL9,504,597GAL9,575,980GAL9,640,602GAL10,207,629GAL6,275,250GAL4,288,97710 State Standards - Avg. Day
1010.0
GAL229,888GAL1,265,475GAL2,008,514GAL2,683,194GAL3,331,960GAL3,449,204GAL4,071,257DWC Storage Requirement1111.0
Needs Assessment – North Pressure Zone
15
CALENDAR YEAR
TEST PARAMETERS 205020452040203520302029202820272024
EMERGENCY BACKUP WELLS
GPM100GPM216GPM302GPM372GPM478GPM491GPM507GPM124GPM174Ultimate Source Capacity3.0
GPM2,062GPM2,237GPM2,365GPM2,471GPM2,630GPM2,649GPM2,674GPM886GPM960Reliable Source Capacity4.0
STORAGE
GAL1,336,047GAL1,431,104GAL1,515,899GAL1,606,091GAL1,705,260GAL1,721,984GAL1,740,572GAL1,757,296GAL781,333Peak Hour Storage5.0
GAL2,929,856GAL2,965,503GAL2,997,237GAL3,029,575GAL3,064,020GAL3,069,926GAL3,076,390GAL3,082,296GAL1,491,250Fire Flow6.0
GAL3,743,436GAL3,911,183GAL4,034,207GAL4,136,174GAL4,288,892GAL4,307,322GAL4,330,682GAL4,357,170GAL2,798,949Emergency Supply7.0
GAL4,643,436GAL4,811,183GAL4,934,207GAL5,036,174GAL5,188,892GAL5,207,322GAL5,230,682GAL5,257,170GAL3,298,94910 State Standards - Avg. Day8.0
Needs Assessment – North Central Pressure Zone
16
CALENDAR YEAR
TEST PARAMETERS 205020452040203520302029202820272024
EMERGENCY BACKUP WELLS
GPM-1,180GPM-954GPM-750GPM-526GPM266GPM279GPM493GPM158GPM204Ultimate Source Capacity3.0
GPM143GPM481GPM788GPM1,124GPM398GPM419GPM739GPM237GPM305Reliable Source Capacity4.0
GAL545,746GAL729,918GAL896,636GAL1,080,086GAL1,914,637GAL1,925,746GAL1,936,838GAL1,947,947GAL969,733Peak Hour Storage5.0
GAL2,811,655GAL2,880,719GAL2,943,239GAL3,012,032GAL3,279,989GAL3,284,155GAL3,324,314GAL3,328,480GAL1,736,650Fire Flow6.0
GAL485,154GAL810,164GAL1,104,372GAL1,427,031GAL2,926,533GAL2,946,136GAL2,965,711GAL2,985,314GAL1,423,761Emergency Supply7.0
GAL1,445,154GAL1,770,164GAL2,064,372GAL2,387,031GAL3,886,533GAL3,906,136GAL3,925,711GAL3,945,314GAL1,983,76110 State Standards - Avg. Day8.0
Needs Assessment –
South and South Central Pressure Zones
CALENDAR YEAR
TEST PARAMETERS 205020452040203520302029202820272024
EMERGENCY BACKUP WELLS
GPM595GPM659GPM716GPM763GPM805GPM813GPM873GPM670GPM697Ultimate Source Capacity3.0
GPM893GPM989GPM1,073GPM1,145GPM1,208GPM1,220GPM1,875GPM455GPM495Reliable Source Capacity4.0
STORAGE
GAL948,585GAL1,000,866GAL1,047,031GAL1,085,760GAL1,120,185GAL1,126,702GAL1,383,210GAL668,599GAL681,380Peak Hour Storage5.0
GAL879,726GAL899,332GAL916,644GAL931,167GAL944,077GAL946,520GAL1,723,961GAL980,599GAL985,393Fire Flow6.0
GAL1,472,827GAL1,565,088GAL1,646,556GAL1,714,902GAL1,775,652GAL1,787,152GAL2,198,636GAL1,010,137GAL1,032,692Emergency Supply7.0
GAL2,022,827GAL2,115,088GAL2,196,556GAL2,264,902GAL2,325,652GAL2,337,152GAL2,848,636GAL1,360,137GAL1,382,69210 State Standards - Avg. Day8.0
17
WATER MODEL
ANALYSIS
18
Water Main Capacity Testing
19
Steady-State Model Verification
20
Extended Period Simulation Model Verification
Tanks and Pumps
21
DISTRIBUTION SYSTEM
EVALUATION
• Pressures
Generally 40 to 80 psi
MDD + Fire Flow > 20 psi
Peak Hour Demand Min. 35 to 40 psi
Maximum per IL Plumbing Code = 80 psi
• Velocities < 5 fps
• Headlosses
<16” Diameter < 6 ft / 1,000 ft
> 16” Diameter < 2 ft / 1,000 ft
• Water Age < 7±days (indicator of chlorine)
22
Water Works System
Improvement Plan –
Whole System
• Pressures are adequate
• Velocities are adequate
• Headlosses are acceptable
• Available Fire Flows >
3,500 gpm in future build-
out areas
• Water age is challenging
23
Water Works System Improvement Plan –
North Pressure Zone
• Pressures are adequate
• Velocities are adequate
• Headlosses are acceptable
• Available Fire Flows >
3,500 gpm in future build-
out areas
• Water age is challenging
• Confirmed 16” Water Main
Loop to service Project
Cardinal and Project Steel
24
RECOMMENDATIONS
25
North Pressure Zone - Other Observations
• North and South
Receiving stations
have capacity for data
centers built into the
design
• Additional capacity
available in DWC
pipeline = 3 MG
• Storage and back-up
well capacity impacts
26
3.660 MGD
3.566 MGD
6.566 MGD
0.00
0.50
1.00
1.50
2.00
2.50
3.00
3.50
4.00
4.50
5.00
5.50
6.00
6.50
7.00
2027 2028 2029 2030 2035 2040 2045 2050MGDProjected Average Day Demand Relative to IDNR Allocation
Projected ADD
(City + Data Centers)
Projected ADD
(City minus Data Centers)
IDNR Allocation (ADD)IDNR + Additional 3.0 MGD
Recommendations –
Whole System
IMMEDIATE (1 - 3 Years)
• PRVs need to be tied to SCADA with
status (open/close), flows, pressure
settings
• Mixing systems should be installed in the
NW EWST and South Standpipe
• Chlorine booster stations will be needed
to address water age (Locations to be
determined under separate study)
• South Central (SC) EWST should be
taken off-line immediately once the
South Standpipe is on-line
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choice. Fill
white space.
27
NEAR FUTURE (3 - 10 Years)
• Construct 1 MG EWST in future in
the North Central Zone due to
operational challenges
Recommendations –
Whole System
• Water main loops to address
criticality
• Supply
Additional Lake Michigan
Supply (Allocation from
both IDNR and DWC)
28
Recommendations – Whole System
FUTURE (10+ Years)
• River crossing improvements (Future)
29
Recommendations –
Specific to Data Center
Developments
NEAR FUTURE (3 - 10 Years)
• No significant improvements were
identified for this period
FUTURE (10+ Years)
• Potentially new back-up well
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choice. Fill
white space.
30
Back-up Well Siting
= Future Emergency Well
31
CONNECTION FEE
32
Connection Fees
• Connection fee – Means of development to pay for capacity
of the water system – traditionally water supply and capacity.
• Supply includes:
DWC Transmission Main
DWC Buy-In Costs (Capacity of Existing DWC System)
Delivery and Receiving Stations
Additional Transmission Main Capacity
Back-up Wells
33
Connection Fee
34
Total
Connection
Fee
Connection
Fee per
Building
Total # of
Buildings
Average Day
Demand
(GPD)
Acres
(Site Total)Development
$3,578,400$255,6001442,0001037Project Cardinal
$1,976,504 $109,806 1823,198557Project Steel
$5,554,9043265,1981594Total
QUESTIONS OR
COMMENTS?
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35
Well
Capacity Cost Per
(GPM)P.E. Serveda P.E.
1,000 1 Deep 8,470 $9,905,000 $1,170
a Based on Reliable Source Capacity (Well operating 18 hours per day to meet the Maximum Day Demand).
a Max:Avg Day Ratio = 1.7
a 75 gpcd was assumed based on 2nd LMAA Submittal
Total Project Cost Per
P.E. Served Cost P.E.
47,796 $165,690,000 $3,467
47,796 $8,856,000 $185
47,796 $7,678,000 $161
47,796 $7,987,000 $167
$190,211,000 $3,980
Total Project Cost Per
P.E. Served Cost P.E. (1/3)
23,530 $31,000,000 $440
Note - 1/3 of Extra Transmission Capacity Needed for 2050 Projections
Total Project Cost Per
P.E. Served Cost P.E.
13,330 $10,652,000 $800
FEE SUMMARY FEE PER P.E.
SUPPLY - BACK-UP EMERGENCY WELL $1,170
SUPPLY - DWC/LAKE MICHIGAN $3,980
SUPPLY - DWC EXTRA MAIN CAPACITY $440
STORAGE $800
TOTAL COST $6,390
Improvement
Elevated Water Storage Tank (2.0 MG)
LAKE MICHIGAN CONNECTION COSTS - ADDITIONAL SUPPLY
Improvement
DWC TRANSMISSION MAIN - EXTRA CAPACITY
DWC Buy-In Costs
North Delivery Station and Receiving Station
South Delivery Station and Receiving Station
WATER STORAGE COSTS - STORAGE
DWC Transmission Mains
Water Works System Improvements Per P.E.
Water System Connection Fee Analysis
United City of Yorkville
2/17/2026
1 P.E. = 75 gpd based on 2nd LMAA Submittal (for all supply, treatment, and storage improvements)
BACK-UP EMERGENCY WELLS COSTS - SUPPLY
Total Project
Cost
LAKE MICHIGAN CONNECTION COSTS - SUPPLY
Improvement