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HomeMy WebLinkAboutHelen Mueller Settlement�a ' Croj Reference: Deed Record 150 p. 552; Deed Record 330,n, 1& Instrument No. 95-57535; Instrument t No.0E0-24710 SETTLEMENT AGREEMENT i k'o This agreement ("Agreement") is made effective as of this 27th day of August 2001 by and between The Helen M. Mueller Conservatorship ("Mueller"), E. & H. Mueller Development Company, LLC ("E. & H."), Martin Marietta Materials, Inc. ("Martin") and the City of Cannel, Indiana by and through its Board of Public Works and Safety ("City"). RECITALS: WHEREAS, on September 16, 1997 City commenced an action in Hamilton County, Indiana (Cause No. DO1-9709-MI-542) seeking to condemn real estate owned by Mueller, consisting of approximately ten (10) acres together with associated land improvements and other interests (collectively, the "Roadway Real Estate") and needed by the City for the construction of a public right of way known as Hazel Dell Parkway (the "Project"); and WHEREAS, on November 12, 1997 the Court in such cause appointed appraisers to determine the fair market value of the Roadway Real Estate and any damages and benefits accruing to the residue of Mueller's property adjoining the Roadway Real Estate; and WHEREAS, such appraisers determined that Three Hundred Nine Thousand Nine Hundred Fifty Dollars ($309,950.00) constituted such fair market value and such appraisers filed their report on December 4, 1997; and WHEREAS, within the applicable statutory time period Mueller filed objections to the report of such appraisers following which the court in such cause set the matter over for trial on July 23, 2001; and WHEREAS, on or about July 20, 1998, Mueller withdrew such Three Hundred Nine Thousand Nine Hundred Fifty Dollars ($309,950.00); and WHEREAS, Mueller alleges that a portion of Mueller's property consisting of approximately 29.628 acres and lying east of the Hazel Dell Parkway (herein referred to as "Parcel B") suffered severance damages as a result of the Project; and WHEREAS, City upon further investigation and review of such allegations, likewise determined that severance damages exist in connection with Parcel B as a result of the Project; and WHEREAS, the legal description of Parcel B is attached hereto and incorporated herein as Exhibit A; and WHEREAS, Parcel B and a portion of Mueller's property located west of Hazel Dell Parkway is subject to a long-term lease agreement for mineral extraction between Mueller as landlord and Martin as tenant (the "Lease"); and WHEREAS, City has determined that City's Utility Department is able to utilize Parcel B for the benefit of the City; and BEST POSSIBLE IMAGE ALL PAGES 200200018852 Filed for Record in HAMILTON COUNTY, INDIANA MARY L CLARE: 03-07-2002 02:57 pm. AGREEMENT 105.00 WHEREAS, Mueller and the City now desire to settle their dispute pursuant to the terms of this Agreement; and WHEREAS, this Agreement is subject to (a) approval of the court that has jurisdiction over Mueller's conservatorship and (b) Mueller's ability to procure a partial release of the Lease which partial release shall limit Martin's rights to extract minerals pursuant to the Lease as more specifically set forth herein. NOW, THEREFORE, in consideration of the foregoing Recitals, all of which are incorporated herein by this reference, the following mutual covenants and other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, the parties agree as follows: 1. Compensation. In addition to the amount of Three Hundred Nine Thousand Nine Hundred Fifty Dollars ($309,950.00) previously paid to Mueller by the City for the Roadway Real Estate, at the Closing (as hereinafter defined) the City shall pay Mueller the sum of Five Hundred Forty Thousand and No/100 Dollars ($540,000.00) for Parcel B. Mueller and E. & H. shall, within fifteen (15) days following execution of this Agreement and approval hereof by the court having jurisdiction over Mueller's conservatorship but in no event later than October 1, 2001 (the "Closing"), convey Parcel B to the City by general warranty deed subject only to: (a) the lien for taxes not delinquent, and (b) that certain sanitary sewer easement agreement between Mueller and the Town of Carmel dated June 28, 1973 and recorded in Book 267, Page 231 in the Office of Recorder of Hamilton County, Indiana. 2. Partial Release of Lease/New Agreement with City. Effective as of the Closing, the Lease shall be terminated and released as to Parcel 13 and the Path Easement Parcel (as hereinafter defined). However, upon the request of Martin at any time during the term of the Lease, City shall enter into one or more agreements with Martin mutually acceptable to City and Martin that, subject to the procurement by Martin of all necessary approvals from all applicable governmental authorities, including without limitation, all zoning approvals, variances and other approvals required by law, allows Martin: (a) the right and easement of underground ingress and egress to and from property mined by Martin (other than Parcel B) and to and from other property mined by Martin (other than Parcel B) and located under Parcel B generally near the intersection of Hazel Dell Parkway and 106`h Street (as if extended east of Hazel Dell Parkway), but in an exact location acceptable to City and which does not interfere with (i) any surface use by City of Parcel B, or (ii) any subsurface use of Parcel 13 by the City related to City's intended use of Parcel B for water wells, a water utility plant and similar uses; and (b) the right, to mine under Parcel B at a depth, location and upon such other terms, conditions and indemnities contained herein and otherwise reasonably imposed by City such that Martin's exercise of such mining rights does not interfere with City's use of Parcel B; and (c) the right to mine under the Path Easement Parcel (as hereinafter defined) at a depth, location and upon such other terms, conditions and indemnities contained herein and otherwise reasonably imposed by City. Martin's right to mine under Parcel B and the Path Easement Parcel, subject to the procurement of the afore -described approvals, shall in no event extend beyond the sum of the original twenty (20) year term of the Lease (a true copy of which is attached hereto and incorporated herein as Exhibit B), plus any of the four (4) five (5) year options to extend if in fact exercised by Martin, its successors and assigns (the "Term"). 3. Additional Provisions regarding Martin's Mining Operations. The right to mine beneath Parcel B and the Path Easement Parcel shall be governed by the following provisions: (a) Martin's rights shall include the right of access for ingress and egress under Parcel 13 and the Path Easement Parcel to tunnel, mine, and remove gravel, stone, and other aggregate; and to remove from other properties and transport under the Parcel B and the Path Easement Parcel, rock, stone, gravel, sand, limestone and/or minerals as may exist under the Parcel B and the Path Easement Parcel and other properties owned or controlled by Martin as of the date on which this Agreement is executed by all parties hereto, together with the right to construct and install, maintain, operate, repair, inspect, protect, remove and replace such underground appurtenances and facilities as may be necessary in Martin's exercise of its rights hereunder. Notwithstanding the foregoing, Martin hereby acknowledges that the City will install within Parcel B underground equipment by which to perform City's utility service which service will not be interrupted and/or disturbed by Martin. (b) (c) Indemnification. During the Term and for a period of two (2) years thereafter, Martin shall indemnify, defend and save harmless the City from and against all claims, judgments, liabilities, fines, penalties or expenses caused by Martin's exercise of its rights hereunder. In the event that legal action is necessary by either party to enforce any provision of this Section 3(b), the prevailing party shall be entitled to recover from the non - prevailing party the expenses thereof, including reasonable attorneys' fees. Removal of Equipment and Reclamation. Unless otherwise agreed to in writing by the City, Martin shall remove all of the equipment and related facilities of Martin under Parcel 13 and the Path Easement Parcel within 3 one hundred twenty (120) days after the termination of Martin's rights under this Section 3(c). Martin agrees and covenants with the City that Martin will, at its sole expense, complete any reclamation obligation in accordance with applicable law within one (1) year from the date Martin's mining operations under the Parcel B and the Path Easement Parcel are terminated or such other time as required by law. (d) Subjacent Support. Martin's operations shall be conducted in a good and workmanlike manner at all times and in such a manner as not to interfere with the surface use of Parcel B and the Path Easement Parcel. Martin shall conduct all such operations beneath Parcel B and the Path Easement Parcel in such a manner as to maintain adequate subjacent support for pedestrian and vehicular use of the Parcel B and the Path Easement Parcel. Martin's right to mine under Parcel B and the Path Easement Parcel shall be without the payment of rents or royalties by Martin to the City. 4. Grant of Right of Wav for 106th Street. At Closing, or at such later time determined by City, Mueller and E. & H., as their interests shall appear, shall convey to the City, by general warranty deed, right of way for 106th Street (between Gray Road and Hazel Dell Parkway) such that after such grant, the total right of way width lying north of the existing centerline of 106th Street shall be forty-five (45) feet. Such conveyance by Mueller shall not adversely affect access from 106th Street to Mueller's remaining property. The property of Mueller and E. & 11 subject to this Section 4 is described on Attachment 1 attached hereto and incorporated herein. (e) 5. Mueller's Grant of Right of Wav for Intersection Improvements. At Closing or at such later time determined by City, Mueller and E. & H. as their interests shall appear, shall convey to the City, by general warranty deed, a sufficient amount of real estate not to exceed .0861 acres at the northeast quadrant of the existing intersection of Gray Road and 106th Street for the construction of right of way improvements for the intersection of Gray Road and 106th Street. Such conveyance by Mueller and E. & H. shall not adversely affect access from 106th Street to Mueller's remaining property. The property of Mueller and E. & H. subject to this Section 5 is described on Attachment 1 attached hereto and incorporated herein. 6. Martin's Grant of Right of Way for Intersection Improvements. At Closing, or at such later time determined by City, Martin shall convey to the City, by general warranty deed, a sufficient amount of Martin's real estate not to exceed .1736 acres at the southeast quadrant of the existing intersection of Gray Road and 106th Street and a sufficient amount of Martin's real estate not to exceed .4342 acres at the southwest quadrant of the existing intersection of Gray Road and 106th Street all for the construction of right of way improvements for the intersection of Gray Road and 106th Street. Such conveyance by Martin shall not adversely affect 4 access from 106`h Street to Martin's remaining property. The property of Martin subject to this Section 6 is described on Attachment 2 attached hereto and incorporated herein. 7. Relocation of Intersection Improvements. Mueller, E. & H. and Martin acknowledge that the design of the intersection improvements for Gray Road and 106`h Street may change due to field conditions related to the existence of a Marathon Oil Co. pipeline easement. If design considerations indicate a change to the location of the center of the intersection, Martin, Mueller and E. & H. acknowledge that more or less acreage than what is referred to in Sections 5 and 6 hereof may be required of them and Martin, Mueller and E. & H. hereby consent to such changes, provided that the aggregate size of the intersection improvements does not increase from what is depicted in Attachment 3 attached hereto and incorporated herein (i.e., 1.34 acres from the northeast quadrant and 0.42 acres from the southeast quadrant). 8. Martin's Assistance with Construction of Water Utility. During the term of the Lease, any fill dirt generated by Martin (herein "Fill") in the ordinary course of Martin's operations on any real estate which is accessed by Martin via Hazel Dell Parkway (the "HD Property"), shall be stored on HD Property and made available to City free of charge for City's use in the construction of a water or other utility plant and associated improvements on Parcel B. From time to time during the term of the Lease and at the request of City, Martin shall, solely at Martin's expense, deliver such available quantity of stored Fill to Parcel B as is requested by City. 9. Martin's De -watering Operations. During the term of the Lease, whenever Martin pumps, diverts, relocates or otherwise moves water on the HD Property in connection with Martin's mining operations ("De -Watering Activity"), Martin shall make such water available to City free of charge; however, City shall not be obligated to accept water from Martin. When City accepts water from Martin, City shall incur and pay any and all costs and expenses required to transport said water from the HD Property to other property owned or used by City. Further, City shall indemnify, defend and save Martin harmless from any and all liability, loss, damage, cost, obligation and expense which directly arises out of or results from City's receipt, transport or other use of such water, except to the extent that such liability,loss, damage, cost, obligation and expense is caused by the negligent act, whether of commission or omission, of Martin, its employees, agents, or contractors. Notwithstanding the provisions of the immediately preceding sentence, City's obligations set forth in this Section shall be limited to the exposure of and liability of City as a governmental entity, including without limitation, adtions and conditions as to which City is immunized by the Indiana Tort Claims Act and the exemption from punitive damages, such that City's liability shall not exceed what might have been its liability to any claimant after all appropriate defenses had been raised by City. 5 r> 10. Installation of Water Wells on HD Property. City shall, from time to time, have the right to install, at City's expense, water wells on the HD Property upon terms and conditions reasonably acceptable to Martin, but without the payment of rents, royalties, charges or fees by City to Martin. 11. Permanent Easement for Multi -use Path Purposes. At the time of Closing, or at suchlater time determined by City, Mueller and E. & H. as their interests shall appear, shall grant and convey to City a permanent easement upon, over, through and across that portion of the real estate of Mueller and E. & H. depicted and shown on Exhibit C attached hereto and incorporated herein (the "Path Easement Parcel"). The Path Easement Parcel shall be dedicated to and for the use and benefit of the public for purposes of providing a ten foot (105 wide public path for walking, running, hiking, roller blading, bicycling and other forms of pedestrian, nonmotorized access, as well as for use by motorized and non -motorized City maintenance vehicles. The Path Easement Parcel shall be used to connect the existing path system serving Carmelot Park to any future path within the right of way of 106`h Street between Gray Road and Hazel Dell Parkway. Except as provided in Section 2(b) hereof,. Martin shall not have any rights to mine or otherwise utilize or occupy the Path Easement Parcel. The terms of the permanent easement agreement for the Path Easement Parcel shall be as set forth on Exhibit D attached hereto and incorporated herein. Such conveyance by Mueller and E. & H. shall not adversely affect access from 106`h Street to Mueller's remaining property. 12. City's Right to Relocate Path Easement Parcel. If an artificial lake is created in the vicinity of the "possible futurelake area" shown and depicted on Exhibit C, and when the intersection improvements contemplated by Sections 5 and 6 are made, City shall have the right solely at City's expense to relocate the Path Easement Parcel within the area included as the boundaries of Exhibit C and in a specific location that is reasonably acceptable to Mueller and the City so that portions of the route are proximate to the artificial lake and outside, but adjacent to any right of way enlargements associated with such intersection improvements. In addition, at one or more (but not more than three (3)) locations where the route is so proximate to the artificial lake, City shall be permitted to expand the Path Easement Parcel to accommodate path improvements and accoutrement, including without limitation, picnic tables, playground equipment, benches and shelters. Such expansions shall be of a shape, configuration and design determined by City, reasonably satisfactory to Mueller, and not larger than 0.10 acres each. At the time of any such relocation of the Path Easement Parcel, City shall cause to be prepared and recorded in the Hamilton County, Indiana Recorder's Office a revised description of the Path Easement Parcel. City shall upon any such relocation of the Path Easement Parcel, vacate and release of record the prior description of the Path Easement Parcel, demolish and remove any improvements related thereto and return the disturbed area to its natural condition by rough and finish grading and seeding of such area. 6 13. Mueller's Future Efforts to Rezone Six Acre Parcel. Attached hereto and incorporated herein as Exhibit E is a site plan and depiction of Mueller's real estate subject to the Lease. Mueller desires to rezone from S-1 (Residential) to a zoning classification permitting office and retail uses (including gas sales and convenience store) the six (6) acre tract shown thereon at the northwest corner of the intersection of 106`h Street and Hazel Dell Parkway. City and its Department of Community Services, which serves as the staff of the Plan Commission pursuant to the Carmel Clay Zoning Ordinance, will support the reclassification of the real estate to a zoning classification(s) permitting office and retail uses (including gas sales and convenience store) and any proposal by Mueller to rezone such six (6) acre tract so long as the rezoning would be consistent with the City's comprehensive plan adopted under I.C. 36-7-4-500 et seq., and the rezoning proposal contains a commitment, pursuant to I.C. 36-7-4-615, that Mueller will not oppose any future attempt by the City to annex such tract. 14. Mueller's Right of First Refusal to Repurchase. During the first ten (10) years following the sale of Parcel B to the City, Parcel B shall be used only for public uses and mining by Martin. Violation of such requirement by City, its lessees, licensees, grantees or assignees beyond the notice and cure period set forth herein shall give Mueller the right to repurchase Parcel B for Five Hundred Forty Thousand and No/100 Dollars ($540,000.00). In the event that, during the second ten (10) years following the closing of the sale of Parcel B to City, City receives a written offer to sell all or part of Parcel B which City desires to accept, Mueller shall have the right and option for a period of thirty (30) days following written notice to Mueller containing a copy of such offer, to repurchase all or such portion of Parcel B for the price and on the terms set forth in such offer. City shall have a period (the "Cure Period") of thirty (30) days after written notice of City's violation of this Section 14 to cure the same and an event of default shall not be deemed to exist during the Cure Period, provided further that if City commences to cure such failure during the Cure Period and is diligently and in good faith attempting to effect such cure, the Cure Period shall be extended for up to sixty (60) additional days, but in no event shall the Cure Period be longer than ninety (90) days in the aggregate. 15. Removal of Refuse from Mueller Property. Within thirty (30) days following execution of this Agreement, Mueller shall remove from the Mueller Real Estate all rubbish and refuse to the reasonable satisfaction of City and dispose of same in accordance with all applicable laws, rules, regulations and ordinances. 16. Vacation of River Road. City has no objection to the vacation by Mueller and Martin of River Road south of 106th Street inasmuch as (and as long as) such portion of River Road is not within the jurisdictional authority of the City. 17. Authority of Undersigned. The undersigned persons executing this Agreement on behalf of Mueller, City and Martin, respectively, each represents and certifies that he or she is duly authorized and is fully empowered to execute and deliver this Agreement to the other parties hereto. 7 18. Assignment Binding Upon Successors and Assigns. The rights and obligations created herein shall run with Parcel B, the Path Easement Parcel and all other real estate described or referred to herein. This Agreement shall be binding upon and shall inure to the benefit of the parties, their heirs, successors and assigns. 19. No Implied Waiver. No consent or waiver, express or implied, by any party to any breach or default by any other party in the performance of obligations hereunder shall be deemed or construed to be a consent or waiver to any other breach or default in the performance of other obligations of such other party. Failure on the part of any party to declare any other party in default, irrespective of how long such failure continues, shall not constitute consent or waiver of the rights of such party. 20. Amendments. Except as otherwise herein provided, any and all amendments, additions or deletions to this Agreement shall be null and void unless approved by the parties in writing. 21. Notices. Any and all notices, demands, requests, submissions, approvals, consents, or other communications or documents required to be given, delivered or served or which may be given, delivered or served under or by the terms and provisions of this Agreement or pursuant to law or otherwise, shall be in writing and shall be deemed to have been duly given, delivered or served if and when sent by certified mail, return receipt requested, first-class postage prepaid thereon and deposited with any regularly maintained United States Postal Service facility and addressed, if to Mueller or E. & H. at: Mr. and Mrs. Ery Bruks 11173 Hazel Dell Parkway Indianapolis, IN 46280 with a copy to: and J. Michael Antrim, Esq. CHURCH, CHURCH, HITTLE & ANTRIM 938 Conner Street, P.O. Box 10 Noblesville, IN 46060 if to City at: Utilities Director City of Carmel One Civic Square Carmel, Indiana 46032 8 Mr. Eric Clark 14333 N. Gray Road Carmel, IN 46033 with a copy to: Robert A. Hicks, Esq. and Hall, Render, Killian, Heath & Lyman, P.S.0 One American Square, Suite 2000 Indianapolis, Indiana 46282 if to Martin at: Mr. Robert M. Furlong Vice President & General Manager Martin Marietta Materials, Inc. P.O. Box 549 Carmel, Indiana 46032 with a copy to: Ms. Paula J. Buehrer Real Estate/Projects Manager Martin Marietta Materials, Inc. 780 N. Valley Road Xenia, OH 45385 Douglas C. Haney, Esq. City of Carmel One Civic Square Carmel, Indiana 46032 or to such other address as a party may from time to time designate by written notice to the other parties. The date of mailing shall be deemed to be the date of such service. 22. Captions. The titles and article or paragraph headings are inserted only for convenience and are in no way to be. construed as part of this Agreement or as a limitation on the scope of the particular provisions to which they refer. 23. Severability. If any term, covenant, condition or provision of' this Agreement or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of this Agreement or the application of such term of provision to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby and each term, covenant, condition and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law. 24. Governing Law. This Agreement shall be interpreted and construed under and governed by the laws of the State of Indiana. 25. Construction. Words of any gender used in this Agreement shall be held to include any other gender, and words in the singular shall include the plural (and vice versa) when the sense requires. 9 • 26. Entire Agreement. This Agreement shall constitute the entire agreement between the contracting parties regarding the subject matter hereof, and no variance or modification thereof shall be valid and enforceable except by supplemental agreement, in writing, executed and approved by all parties in the same manner as this Agreement. 27. Counterparts. This Agreement may be executed in any number of counterparts, each one of which shall be considered an original. 28. Standards of Consent. Where any provision of this Agreement requires the consent or approval of a party hereto, such party shall not unreasonably withhold condition, or delay such consent or approval, except as otherwise expressly provided herein (such as by words to the effect of "sole" and/or "complete" discretion). Where any provision of this Agreement requires a party to do anything to the satisfaction of the other party, each party agrees that it will not unreasonably refuse to state its satisfaction with such action by the other party. If a party request the other party's consent, approval or statement of satisfaction with respect to any matter hereunder, a failure of a party to reply to such request within thirty (30) days thereafter shall be deemed a consent, approval or statement of satisfaction as the case may be. 29. Recordation of Memorandum. This Agreement, or a memorandum hereof, upon the request of any party shall be recorded in the Office of Recorder of Hamilton County, Indiana. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. MUELLER By: �Lcli (signature) Eric Clark Co -conservator (printed name and title) ,¢ By:Z — 4 c (signature) Ery Bruks, Co -conservator (printed name and title) By: (signature) ob-ert frt. ci)2L01) 1 (printed name and title) 10 By: .444 (signatu e) through its Board of Public Works and Safety CITY OF CARMEL, INDIANA, by and Betty Balks, Co -conservator (printed name and title) E. & H. MUELLER DEVELOPMENT COMPANY, LLC By: Oi cib Wilbur Tyner, Jr.,�President By: /eco P ✓(. J es Brainard, Presiding Officer 2/?6776,2 !) Date: t® t �-4/ By: �9+*� M A�urke, Member 6.4_,L Date: /0 -3- 0/ By: Yat , ((a 6' (tit Billy Iker, Member Li Date: h1 -9J -DI ATTEST: Diana L. Cordray;fIXM Clerk -Treasurer Date: 11 STATE OF INDIANA ) 0MILi04)SS: COUNTY OF f i A Before me, a Notary Public in and for said County and State, personally appeared Eric Clark, as the Co -conservator of The Helen M. Mueller Conservatorship and who, having been duly sworn, acknowledged the truth and accuracy of the representations made herein and the execution of the foregoing Agreement. 'l fi- Witness my hand and Notarial Seal this 2I day of " M3 cssion expires: g // 0 I Gy ,)am a `of /t'4M � `� County, Indiana • 'tA Ry..ti ,`' ,o11/.4Xl JI' •5; y. --t.-;..• p• - STATE OF INDIANA ) #4711/1-/°/v r n ) SS: COUNTY OF (T7I711/L // ) , 200,1,. otary Public a. /W/GH/fCL IM Before me, a Notary Public in and for said. Bruks, the Co -conservator of The Helen M. Mueller sworn, acknowledged the truth and accuracy of execution of the foregoing Agreement. �/ Witness my hand and Notarial Seal this PI /0/0/, My commission expires: Q ia)resic .of /f1M/G,Ts » OTAR:,.. Ic �`! r J04. G.. t_ County, Indiana 12 Printed Name County and State, personally appeared Ery Conservatorship and who, having been duly the representations made herein and the day of , 200. Notary Public J M/ ftAEL /n/rfIM Printed Name STATE OF INDIANA ) COUNTY OF HAM1uro4)) SS: Before me, a Notary Public in and for said County and State, personally appeared Betty Bruks, the Co -conservator of The Helen M. Mueller Conservatorship and who, having been duly sworn, acknowledged the truth and accuracy of the representations made herein and the execution of the foregoing Agreement. Ti Witness my hand and Notarial Seal this £ day of eCI4T mission expires: g / (0 /0 L III' •�' ` resident of / 944(L 17 County, Indiana• Id /******* I `, STATE OF INDIANA ) ,1 �) SS: COUNTY OF ITAMI ��D ) Notary Public - A-1 I (40E1.- 714/7e/M Printed Name Before me, a Notary Public in and f r said �rCounty and State, personally appeared tZoglQ.riti• FURi oNeT , the VtE QRES.?CEi..M5&Martin Marietta Materials, Inc. and who, having been duly sworn, acknowledged the truth and accuracy of the representations made herein and the execution of the foregoing Agreement. Witness my hand andNotarialSeal this 2i day of cbmrr�s§ipn expires: ZS �( D /69 / Notary Public a,\re,.;id'ent 8.4 /f f4Mir County, Indiana /, C//A} C= L Printed Name ..tto r. art 13 STATE OF INDIANA COUNTY OF HANNA( uiti 4 ) SS: Before me, a Notary Public in and for said County and State, personally appeared James Brainard, as the Presiding Officer for the City of Carmel, Indiana Board of Public Works and Safety, who acknowledged the execution of the foregoing Agreement. 7c WITNESS my hand and Notarial Seal this ; 6b- day of Rio co al , My Crlmirsion Expires: (yr(�� My Cyunty of Residence: H km( Li%hl STATE OF INDIANA ) ) SS: COUNTY OF I -I AMI LTO.N ) A. Stir* Notary Public Printed Before me, a Notary Public in and for said County and State, personally appeared Mary Aim Burke, who acknowledged the execution of the foregoing Agreement. WITNESS my hand and Notarial Seal this day of OCle.060- .,280 ;;;�;,';, t, te; ,,,J "__\ 7%hb My Ca pn Expires: 61- 2-0e9 My copnty of Residence: LIAM /7 14 'Atte - Print 4s STATE OF INDIANA ® COUNTY OF NAM ► LTD I ) ) SS: Before me, a Notary Public in and for said County and State, personally appeared Billy Walker, who acknowledged the execution of the foregoing Agreement. WITNESS my hand and Notarial Seal this j day of C--% y,-;(%11.... " MyC(„,t-on;is n xp ires: My County of Residence: Notary. (2---77-- .---4- g'"1:4>j. -(.2.0._ , ''.... f r'• W . .? 2 h•Cre,cc�j6er $ N1:... Printed CJtri sit c-4, STATE OF INDIANA ) ) SS: COUNTY OF •(-I A M ► LT L1 ) CAgRj� . Laurus t: /��puiy Fri Before me, a Notary Public in and for said County and State, personally appeared Diana L. Cordray, who acknowledged her execution as an attesting witness of the foregoing Agreement. n WITNESS my hand and Notarial Seal this day of U AW-, 2001. My Commission-Expires:&6 9 My County of Residence: Notary Public, 15 Printed • STATE OF INDIANA ) /1011-11W) r ) SS: COUNTY OF /I,4MIt i ' J) Before me, a Notary Public in and for said County and State, personally appeared Wilbur Tyner, Jr., the President of E. & H. Mueller Development Company, LLC and who, having been duly sworn, acknowledged the truth and accuracy of the representations made herein and the execution of the foregoing Agreement. fire Witness my hand and Notarial Seal this Z day of S� , 1 �y o� n fission expires: 2 4 a/D 1 / /%‘1..f am a residGltl, of %O/- I County, Indiana - .,Ila l.4 • U©l-1G• J Notary Public x./14 Printed Name Nile/ This instrument was prepared by and after recording shall be returned to Robert A. Hicks, Attorney at Law, HALL, RENDER, KILLIAN, HEATH & LYMAN, P.S.C., One American Square, Suite 2000, Box 82064, Indianapolis, Indiana 46282, (317) 633-4884. 03669rah.doc 09/20/01 16 0 EXHIBIT A EXHI.BIT A - LEGAL DESCRIPTION PARCEL B: PART OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 17 NORTH, RANGE 4 EAST OF THE SECOND PRINCIPAL MERIDIAN IN CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 17 NORTH, RANGE 4 EAST OF THE SECOND PRINCIPAL MERIDIAN IN CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA, THENCE NORTH 89 DEGREES 55 MINUTES 56 SECONDS WEST (ASSUMED BEARING) ON THE NORTH LINE OF SAID SECTION 9, A DISTANCE OF 1189.27 FEET TO THE EASTERLY LINE OF REAL ESTATE CONVEYED TO THE CITY OF CARMEL, INDIANA, BY A' DOCUMENT TITLED "CERTIFICATION OF CLERK" RECORDED IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA, AS INSTRUMENT NUMBER 9709754848, (THE FOLLOWING FIVE COURSES BEING ON THE EASTERLY LINE OF SAID REAL ESTATE) 1.) THENCE SOUTH 11 DEGREES 50 MINUTES 53 SECONDS WEST 131.07 FEET; 2.) THENCE SOUTH 86 DEGREES 32 MINUTES 20 SECONDS WEST 102.72 FEET; 3.) THENCE SOUTH 07 DEGREES 00 MINUTES 13 SECONDS WEST 348.84 FEET; 4.) THENCE SOUTH 12 DEGREES 02 MINUTES 32 SECONDS WEST 250.45 FEET; 5.) THENCE SOUTH 08 DEGREES 36 MINUTES 31 SECONDS WEST 1159.69 FEET TO A POINT ON A LINE THAT IS PA.RALLEL WITH THE NORTH LINE OF SAID SECTION 9, AT A POINT THAT IS 1872.75 FEET SOUTH 00 DEGREES 11 MINUTES 33 SECONDS WEST MEASURED PARALLEL WITH THE WEST LINE OF SAID NORTHEAST QUARTER; THENCE SOUTH 89 DEGREES 55 MINUTES 56 SECONDS EAST PARALLEL WITH THE NORTH LINE OF SAID SECTION 9, A DISTANCE OF 284 FEET, MORE OR LESS TO THE WESTERLY EDGE OF WATER OF WHITE RIVER; THENCE NORTHEASTERLY WITH THE MEANDERING OF SAID EDGE OF WATER TO THE EAST LINE OF SAID SECTION 9; THENCE NORTHERLY ON SAID EAST LINE 107 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING, CONTAINING 29.628 ACRES, MORE OR LESS.