HomeMy WebLinkAboutKingswood/Martin Marietta (American Aggregates)/City SettlementCase 1:06-cv-00825-DFH-TAB Document 128-6 Filed 04/12/2007 Page 1 rf 15
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SETTLEMENT AND RELEASE AGREE
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THIS SETTLEMENT AND RELEASE AGRI FMENT is entered in Nof the 17th
of Ivfay, 2002 by and among Kingswood Homeowner's Association; Inc.,
profit corporation ("Kingswood"); Martin Marietta Materials, Inc., a :,lina
corporation, ("MartinMarietta"); Hughey, Inc., an Indiana corporation ("Hughey"); the City
of Carmel, Indiana, ad Indiana municipal corporation (the "City"); and the City of Carmel
and Clay Township Board of Zoning.Appeals (the "BZA"). This Agreement is effective
when executed by all parties and is premised on the following recitals which are incorporated
into the Agreement,
RECEIVED •
TSEP 30,222
RECITALS
A. Martin Marietta and the Helen M. Mueller Conservatorship ("Mueller") are
parties to a certain [case dated January I, 2000 with respect to certain real estate located
in Hamilton County, Indiana; comprising 237 acres, more or less, and more particularly
described on Exhibit A attached hereto and made .a part hereof (the "Mueller Property").
B. Martin Marietta is the owner of cenairt real estate located in Hamilton
County, Indiana, located north of :9e Street and south of 10.e Street, depicted on
Exhibit 8 attached',hereto and made a part hereof (the "Martin Property").
C. Martin Marietta and Hughey are parties to a certain agreement and lease dated
August 8,.1998 with respect to a.portionr of theMartin,Property.comprising 8.18 acres,
more or less, and more particularly described on Exhibit C attached hereto and made a
part hereof (the "Hughey Premises'). Martin Marietta leased the Hughey Premises to
Hughey for the purpose of operating a ready mix concrete plant and related activities (the
"Hughey Operations").
D. In'an agreement with American Aggregates Corporation,. the predecessor in
interest to Martin Marietta dated November 5, 1997 with respect to construction of Hazel
Dell Parkway (the "Hazel Dcll Agreement"), the City agreed that the operations on the
Martin Property (1) were outside.an "urban area" as defined by LC. §16-7-4-1103; and
(ii) constitute existing, legal nod -conforming uses pursuant to case law and as defined in
Cannel's current zoning ordinance.
E. On May 30, 2000, Kingswood brought suit against (i) the City; (ii) Steven.
Engleking as Director of the Department of Community•Servioes of the City of Carmel;
(iii) the BZA, consisting of members Charles Wcinkatrf, Pat Rice, Leo Dierckman,
Michael Mohr and Barlene Plavchak ("Ao.ard Members"); (iv) Martin Marietta; and (v)
Hughey in the Hamilton Superior Court, docketed as Cause No. 29D05 -0110 -CP -2169
(the "Lawsuit"), The Lawsuit sought deelaratoiy rid mandatory relief, and alleged, inter
alirl that the mining of the Mueller Property by Martin Marietta and the Hughey
Operations were undertaken without obtaining appropriate land use approval, from the,
City.
F. The City, the BZA, Martin Marietta, and Hughey (together, the "Defendants")
denied and continue to deny the claims of Kingswood in the Lawsuit, and are entering •
into this Agreement to avoid the expense and uncertainty of fLrther litigation. Neither
EXHIBIT
' 5
EXHIBIT C
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this Agreement, nor the consideration for it, shall he construed as an admission of fact or
of any liability by the:Defendants.
G. The Defendants and Kiugswoudhaye participated in lengthy consultation and
negotiations through their respective counsel to resolve the issues in the Lawatiff and
have concluded it would be in their best interests to Settle and coinpromise their disputes
on ther terms and in the manner provided in this Agreement. Steven Bogelking and the
Board Members were joined in their official capacity, not individually, and are not
necessary to resolution of the Lawsuit and the agreements contained herein,
AGREEMENTS
NOW, THEREFORE, Kingswood, the City, the BZA, Martin Marietta, and ]lughey, in
consideration of the mutual covenants in this Agreement and the acts to be performed
pursuant to this Agreement, hereby agree as: follows:
A. Agreements of the City
i. Subject to Section -k3 below, the City shall not object to Martin Marietta's'
application to the BZA for special use approval for sand and gravel extraction on the
Mueller Property, including a variance of setback requirements to reduce the required
buffer to 150 feet where abutting Kingswood subdivision and to 100 feet where abutting
other -property not owned by or -subject to mining rights in favor of Martin Marietta (the
"Special Use and Variance"), subject to theCommitments (as hereinafter defined).
2. Subject to Section A3 below, the City shall not object to Martin Marietta's
application to the BZA for a variance of use to permit the processing plant presently
located west of Haze] Dell Parkway and north of I06th Street to be relocated to the east
side of' Hazel Dell Parkway, at a location farther from any home in Kingswood than at
present (the "Use Variance")..
3. The City has retained Spectra Environmental Group ("Spectra") to review
Martin Marietta's Special Use and Variance and Use Variance applications (together,•the
"Applications") and advise the City whether' they meet the Indiana Mineral Aggregates
Association's guidelines for reclamation and. rhe City's standards for buffer area
landscaping. The City's Depnrtntcht of Community Serrviccs (the "Department") shall
recommend that the applications be approved only if tbcy meet those guidelines and
standards and Martin Marietta makes the Commitments as 'part of its applications. The
City shall also review and consider the Applications in accordance with: its ordinances
and procedures,
4, The City, with the assistance of Spectra, shall conduct a study, of the
southeastern part of 'Clay Township,including specifically the Mueller Property as well
as all existing Martin Marietta parcels in Clay Township. The study shall describe in
detail all existing land uses and suggest appropriate development standards for those' uses
and, if appropriate, new regulations covering noise and blasting in the vicinity. The
study, which should be considered for incorporation into the Carmel Clay Comprehensive
Plan, shall include a policy, subject to Paragraph's A.8 and C.3 below, on the suitability
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of allowing mining uses on property in Carmel and Clay Township.
5. The City shall work with Martin Marietta to draft and submit to the Pan
Commission for consideration andrecommendation to the City Council a Mineral
Resource Overlay Zone Ordinance (the "Overlay Ordinance") and acliange in the official
zoning maps pursuant to• which the Mueller Property would be rezoned to the MR
Mineral Resource •Overlay Zone, with Martin Marietta making the Copunitments. The
Commitments shall be consistent with, and no less restrictive. than, the conunihnents that -
Martin Marietta has made in- connection with any -mining permit application hi any other
jurisdiction in Indiana. The City shall be spcci Bally authorized to enforce the
Commitments.
6. The City shall expedite the: Overlay Ordinance adoption process so that all
required public hearings are held by the Plan Commission and City Council within 4
months of the Effective. Date (as hereafter defined), with the intent that the Overlay
Ordinance and the ordinancerezoning the Mueller Property to the MR Mineral Resource
Overlay Zone become effective within 6 months of the Effective Date. However, failure
to accomplish these.goals by the specified dates shall not affect any other provision of
this Settlement Agreement
7. The City shall nduprejudge, during the ordinance -adoption process, the issue
of whether mining uses, other than sand and gravel extraction by dredging if the
Applications are approved, should be allowed on all or anypart of the Mueller Property.
8. The City recognizes that the uses now established on the• Martin Property,
including but not limited to the Hughey Operations, constitute legal, nonconforming uses.
However, the City :also recognizes that existing non -conforming uses may not be
substantially modified, expanded, or added to without a change of zoning classification or
BZA approval of a .special use or variance, The City also recognizcs•that upon approval
of the Applications, Martin Marietta shalt have a vested right to commence and complete.
sand and gravel extraction on the Mueller Property as requested in such Applications.
9. The City shall pay reasonable attorney's fees that have been incurred by
Kingswood in conucetiyn with the Lawsuit iri the amount of $7,500.00.
'B. Agreements of Martin -Marietta -
I. Martin Marietta shall not assert that the Mueller Property is outside an urban
area.
2. Martin Marietta shall seek approval of the Applications to conduct sand and
gravel extraction, subject to the Commitments, on the Mueller Property; and shall not
conduct any .mining or. related operation. on the Mueller Property, other than sand and.
gravel extraction by means of a .dredge if the Applications are approved, without
obtaining a change in,zoning classification or other zoning approval.
3. Martin Marietta shall, not .permit Hughey or any other related industry to
expand its operations beyond the Hugiey.Premises or add uses net existing on the Martin
Property as of the Effective Date without appropriate governmental approvals, except
Hughey may, provided.it has entered into valid lease or other agreements with Martin
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Marietta, (i) continue to utilize the area. between the Ilughey Premises•and the existing
berm along the south right-of-way line•of.106`h Street, as depicted on Exhibit C attached
hereto and made a.part hereof for "outside productstorage and (ii)expand the ground floor
square footage of the existing structure on the Hughey Premises by up to twenty percent
(20%).
4. Upon approval of the Applications, Martin Marietta shall execute written
commitments providing that its sandand gravel extraction on the Mueller Property north
of 106- Street shall be subject to the following conditions and restrictions (the
"Commitments"):
(a) If Martin Marietta is permitted to commence sand and
gravel extraction on the.Mueller Property by June I, 2002 and
is not precluded from :continuing such extraction, Martin
Marietta shall, subject to approval by the73ZA and the•Jndiana
Department of Natural Resources, move the processing plant
located north of I06'" Street we t of Hazel Dell Parkway and
adjacent to the Kingswood Subdivision to a new location just
cast of Hazel Dell Parkway and north of 106th Street. Such
new location shall be farther from any home in the Kingswood
Subdivision than at present. Subject to obtaining the required
governmental approvals, Martin Marietta shall start the plant
relocation no later than January 3l; 2004 with completion of
such move to occur" no later than March 31, 2004. Martin
Marietta shall terrnirate•all processing,operations at the current.
site of the processing plant as soon as the relocation of the
plant is completed Martin Marietta shall install and maintain
noise abatement features at the ;relocated plant which are no
less effective than those now utilized, including the use of on-
site berms and aggregate piles as buffers;•and the use of strobe
light signals at night instead of audible signals, for all
equipment as.permitted by applicable legal requirements. The
existing tree buffer on Hazel Dell Parkway shall be maintained.
and shall not be disturbed. Subject to obtaining any required
permits and approvals from applicable governmental
authorities, .Martin Marietta shall recycle waste water from the
relocated processing plant from the east' side of Hazel Dell
Parkway. to the lake(s) on the Mueller Property and Martin
Property west of Hazel Dell Parkway and north of 106th Street.
(b) All overburden .removal on the Mueller Property"north
of 106th Street shall be completed during daylight hours
(between one half hour aftersunrWe and one half hour before
sunset), during the months of November through Mardi!, and
only on days other than Saturday or Sunday. Martin Marietta
shell also cause any operations under its control to be
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undertakenand conducted in a manner so as to minimize noise,
dust, light or smoke impact on surrounding properties;
. (c) No surface operations shall be undertaken an the
weeded portion of the Mueller Propcity north of 106th Street
located directly south of the existing park at the northeast
comer of Gray Road.and 106th Street.
(d) All trucks entering public streets from operations
conducted by March Marietta in Clay Township north of 96th
Street shall have covered beds.
(e) Martin Marietta .shall reclaim the Mueller Property
north of 106th Street (except the wooded portion of the Mueller
Property north of. )06" Street .located directly south df the
existing park at the northwest corner of Gray Road and 106.1°
Street) and. the Martin Marietta property between 106`" and
116th Streets abutting the Kingswood Subdivision and west of
Hazel Dell Parkway as -a lake with (1) slopes no steeper than 3
to 1, (ii) a waterline not less than .150 feet. from the nearest
property line in the Kingswood Subdivision, assuming that the
normal pool elevation,. subject to seasonal variations, is 722
above mean sea level; and (ifi) domestic grass coverage of not
less than eighty percent -per square yard. Martin Marietta shall
submit a reclamation plan to the City's consultant before the
City Makes any recommendation for approval of the
Applications. Reclamation'shall begin on the northern portion
of the Mueller Property and move in a sou therlydirection_
(f) Subject to approval of the co -conservators of Mueller
and the court overseeing it, Martin Marietta shall cause to be
conveyed to Hamilton County or the City, as the case -may be, a
forty-five foot half right of way along the northern edge of
106'" Street tneasurcd from the existing center line of 106'"
Street
(g) Ail reclamation shall comply generally with the
reclamation guidelines adopted by the Indiana. Mineral
Aggregates Association; a current copy of winch shall be
provided to . the Director annually, and shall be done in
accordance with the Mining and Reclamation .Plan submitted
by Martin Marietta in connection with the Applications, as last
revised and approved in connection with the Applicatons (the
"Plan").
(h) Martin Marietta.agrees that it as part of sand and gravel
extraction .it shall not pump water from the Mueller Property,
except as necessary. to convey sand and gravel through a pipe
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to the processing plant, and will utilize a closed loop system
pursuant to which water pumped from the Mueller Property to
[he processing plant:is retiuned to the Mueller Property (except
as may be Lost naturally through evaporation or in the
processing activity. Upon completion of the and and gravel
extraction, Marlin Marietta shall take no actions to drain the
lake created, or to reduce: the water level below 722.above
mean sea level, subject to seasonal variations- and natural
fluctuations.
(i) From the overburden removed during sand and gravel -
extraetioni, Martin Mariette.shall,construct an earthen landscape
berm six (6) feet in height on the north side of 106th Street on
the Mueller Property (exbept the wooded portion of the
Mueller Property located directly south of the existing park at
the northwest comer of Gray Road and 106th Street).
(j) Martin Marietta. shall be responsible for ail
environmental matters arising .from its operations and shall
indemnify and .hold.harmless the adjacent landowners in the
Kingswood Subdivision with respect to any losses, clairns or
costs arising.therefrom.
(k) Sand and gravel shall be extracted only through the use.
of a floating dredge. Such extraction will be done in the
sequence depicted in the Plan submittedby Martin Marietta in
connection with the Applications. Martin Marietta agrees that
once it has commenced sand and grave[: extraction on the
Mueller Property, no sand and ,gravel from any source other
than Mueller property north of 106th Street will be processed
through the Processing Plant until extraction on the Mueller
property/north of 106th Streetis complete.
(1) Any other commitments required by. the OZA in its
approval of the Applications including, but not limited. to, a
perimeter buffering landscape , plan approved by the
Department
5. Martin Marietta shall pay the City's reasonable attorney's fees incurred in
.connection with the Lawsuit, and the foes forits qualified mining engineer, geologist or
consultant, to an aggregate maximum of $25,000.00.
6. Martin Marietta shall pay Kingswood's reasonable attorney's and experts -fees
incurred in connection with the Lawsuit;'upon.receipt of documentary evidence of the
work performed and time expended, to a _maximum of $21,750.00. Such amount will be
due thirty (30) days after the Effective Date,
7. For each calendar year or part thereof that Martin Marietta is extracting sand
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and gravel .from the Mueller Property north of 106i1 Sn-eet, it shat pay the City $5,000.00
to monitor Martin Marietta's compliance with the Commitments: Such payment shall be
due on: the fust day oftbe second month following approval of the Applications' and on
each anniversary thereof.
8. For each calendar year or pan thereof that Martin Marietta is extracting sand
and gravel front the Mueller Property north of 10611 Street, it<shall pay the Kingswood an
amount to be used for publication of a Kingswood directory, maintenance of common
areas !n Kingswood or socia] events for the entire Kingswood neighborhood The first
such payment shall in the amount of $26,750.00 and shall be due onthe fust day of the
second nionth follcwing-approval. of the Applications. Bach subsecuent,paynientshall be
in the arnount of $5,000 and shall be due on each anniversary of the 'first day of the
second month following approval of the Applications.
9. Dade a year, at the invitation of Kingswood, and for so long as Martin
Marietta is conducting sand and gravel extraction or performing reclamation on the
Mueller Property, Martin Marietta will send a representative to a meeting of Kingswood
to report on.Martin Marietta's,activities on the Mueller -Property.
C. Agreements of Kingswood
1. King; wood shall cause the Lawsuit t� be. dismissed with prejudice.
Kingswood shall and does hereby RELEASE AND FOREVER DISCHARGE the
Defendants and their 'respective corporate parents and affiliates, all of their present or
former officers or elected officials; '.employees, representatives, agents and directors,
from any andall claims; demands, fosses, damages, injuries, actions or causes of action
with respect to, on account of, arising out oforinany way connected with the allegations
of Kingswoodin the Lawsuit. .
2. Kingswood recognizes that the uses now established on the Martin Marietta
parcels property, including butfiot limited to the Hughey Operations, constitute legal,
nonconforming uses. However, Kingswood also recognizes that, except as provided in
Section Et below, existing non -conforming uses may not be substantially modified,
expanded, or .added to without:a change of zoning classification or BZA approval of a
.special use or variance. Kingswood also' recognizes that upon approval. of the
Applications, .Martin.Matietta shall.havea vested right to cuirimence and complete sand
and gravel extraction on the.Muelle,r Property as requested in such Applications.
3. Kingswood shall not oppose the enactment of an Overlay Ordinance
permitting sand and gravel extraction on the Mueller Property.
D. Agreements of Hughey
1. Hughey shall not expand its operations at or beyond the Hughey Premises
without appropriate governmental approvals, except the parties agree that Hughey may,
provided it has entered into valid lease or other agreements withMartin Marietta, (i)
continue to utilize the area between the Hughey Premises and the existing bene along the
south right -of --way !ine'of 106th Street, as depicted on Exhibit C attached hereto and made
a pail hereof for outside product storage and (ii) expand the ground floor square. footage
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of the existing structure on the Hughey Premises by up to twenty percent (20%).
2, Hughey shall pay reasonable attorney's fees that have been incurred by
Kingswood in connection witb the Lawsuit in the amount ofS7,500.00.
E. General Agreements of the Parties
1. Neither the Lawsuit nor anything contained in this Agreement shall be
deemed to have determined that.the Mueller Property is in an "urban area" as that term is
dot -lucidly I.C. § 36=7-4-1103.
2. In making this Agreement, each party hereto has relied solely on its own
judgment, belief and knowledge of the nature of the matters described herein.
3. This Agreement constitutes the parties' entire agreement with respect to this
Matter, and. it supersedes all prior negotiations, representations or agreements,. either
written or oral between the parties.
4. This Agreement shall become effective and binding upon the parties upon the
date (the "Effective Date") upon whichthe last party hereto executes this Agreement,
provided that if this Agreement is not fully executed by all the parties on nr before May
17, 2002, it shall terminate and shall not bind any parties that have executed this
Agreement prior to such date.
5. Notwithstanding.anything herein to the contrary, the provisions.of paragraphs
B. 7 and B. R of this Agreement shall becoine effective and binding upon the parties only
upon approval by the BZA of the Applications provided, however, that such approvals
are granted not.later than June 1, 2002.
6. Bach of Kingswood, Martin Marietta and Hughey represents that It has taken
all necessaryand appropriate corporate action to make this Agreement its legal, valid and
binding obligation. The City represents That it has taken all necessary and appropriate
municipal action to make this Agreement the legal, validand binding obligation of the
City. Kingswood, Martin Marietta, Hughey and the City recognize that this agreement is
for the purpose of settlement of the Lawsuirandis not binding on the BZA, the Carmel
Clay Plan Commission or the Common Connell of the City in the exercise of their
responsibilities for land use and zoning of Clay Township and the City of Carmel,
7. This Agreement shall begoverned by the laws of the State of Indiana.
8. This Agreement may be modified only by a written agreement executed.by
Kingswood and Defendants, provided that. nothing herein shall be deemed a restraint
upon the police power of the City.
• 9. Bach of the covenants contained in this.Agreernent shalt inure to the benefit of
and be binding upon the parties hereto and their respective successors, and assigns. •
10. This Agreement. may be executed in any number of counterparts; each of
which. shall be an original but all of which together shall constitute one and the same
instrument.
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EN WITNESS WUBREOF, this Agreement has been executed as of the date first
set forth ab
MARTIN { A TERIALS, INC.
By:
rgnah..re)
berI r1. GRcd
(prnted narne
Its VijG
HUGHEY, I C.
By:
(si ature)
KINOSWOOD HOMEOWNERS
ASSOCIATION; INC
By:
77 ;v1is c
(printed name)
Its: O/Pes,er
))&5
(printed name)
Its 17r'csftfc
Peel DRW 4S05-41vlO .
9
(printed rename)
Its: Le Si 2 - 4.4„
(title)
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EXHIBIT A
Legal Description of Mueller Property
PARCEL A; Pari of the North Half of Section 9, and part of the South Half of Section 4, ell
in Township 17 North, Range 4 East, of the Second.Priacipal Meridian. in Clay Township,
Hamilton County, -Indiana, described as follows:
Beginning at the Northwest comer of Section 9, Township 17 North, Range.4 East of the
Second Principal Meridian in Clay Township, Hamilton County, Indiana; thence South 89
degrees 55.minutes 56 seconds East (assumed bearing) on the North line of said Section 9, a
distance of 1336.18 feet to the Northwest corner of the Bast half of the Northwest quarter of
said Section -9; thence South 00 degrees 11 minutes 12 seconds Weston the West line of said
Easthalf 1716.00 feet; thence South 89 degrees 55 minutes 56 seconds East parallel with the
North line of said Section 9, a distance of 1336.01 feet to the West line of the East half of
said Section 9; thence South 00 degrees 11 minutes 33 seconds West on the West line of said
East half 156.75 feet; thence South 89 degrees 55 minutes 56 seconds A.nst parallel with the
North line of said Section 9, a distance of 919.68 feet to the Westerly line of real.estate
conveyed to the City of Carmel, Indiana, by a. document titled "Certificate of Clerk" recorded
in the Office of the Recorder of Hamilton County, Indiana, as Instrument Number
9709754846; (the following fifteen courses being on the Westerly line of said real estate) 1.)
thence North 08 degrees 36 minutes 31 seconds East 885.22 feet; 2.) thence North 02 degrees
53 minutes 53 seconds East 201.00 feet; 3.) thence North 08 degrees 36 minutes 31 seconds
East 660.61 feet; 4.) thence North 29 degrees 48 minutes 29 seconds West 55.59 feet;
5.) thence North 80 degrees 51 minutes 37 seconds West 303.34 feet; 6.) thence North 89
degrees 51 minutes 37 seconds West 148.00 feet; 7.) thence North 6D degrees 14 minutes 56
seconds West 57.55 feet; 8.) thence North 00 degrees 04 minutes 04 seconds East 16.50 feet
to the North line of said Section 9, being also the South line of Section 4, Township 17
North, Range 4 East, said point being 3302.24 feet South 89 degrees 55 minutes 56 seconds
East of the Southwest corner of said Section 4; 9.) thence continuing North 00 degrees 04
minutes 04 seconds East 16.50 feet; 10.) thence North 60 degrees 23 minutes 05 seconds East
57.55 feet; 11.) thence North 89 degrees 50 minutes 43 seconds East 254,47 feet; 12,) thence
South 81 degrees 22 minutes 39 seconds East 198.24 feet; 1.3.) thence North 25 degrees 45
minutes 13 seconds East 826.18 feet 14.) thence North 21 degrees 15 minutes 23 seconds
East 576.29 feet; 15.) thence North 01 degrees 37 minutes 09 seconds East 180.00 feet to a
point on a line that is parallel with.the South. line of said Section 4, and extends Easterly from
a point on the East line of the Southwest Quarter of said Section 4 that is 154.10 feet North of
the Southeast confer of the North Half of said Southwest Quarter; thence North 89 degrees
55 minutes 56 seconds West on said line .1718.86 feet to the aforesaid point on the East line
of said Southwest Quarter, being also the East line ofK1NGSWOOD SUBDIVISION,
SECTION THREE, a subdivision.in Hamilton County, Indiana the Secondary Plat of which,
as amended December 22, 1986, is recorded in said Recorder's Office as.Instrument Number
8900204 on pages 111 and 112 of Plat Book 15; thence South 00 degrees 07 minutes 43
seconds West on the East line of said Southwest Quarter 154.10 feet to the Southeast corner
of the North Half of said Southwest Quarter, thence North 89 degrees 51 minutes 18 seconds
West on the South line of the North.Half afield Southwest Quarter 1521.03 feet to the ,
Northeast corner of real estate conveyed to the City of Cannel, Indiana, per a Deed recorded
in the Office of the Recorder of Hamilton County, Indiana on page 865 of Deed Record 329,
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said comer. being 1146.65 feet East of the Northwest comer of the .South'Hal f of said
Southwest Quarter; thence South 00 degrees 27 minutes 42 seconds West on the East line of
said real estate 916.75 feet, per the aforesaid deed, (919.89 feet by mcasurement):to the
Southeast obrner of said real estate, said comer lying on a line that extends South 89 degrees
51 minutes 29 seconds East, measured parallel with the North line of South Half of said
Southwest Quarter from a point on the West line of said Southwest Quarter that is 406.45
feet North of the Southwestcomer of said Section 9; thence North 89 degrees 51 minutes 29
seconds West on said line and the -Westerly prolongation thereof, a total distance of 1145,58
feet; per the aforesaid deed, (1.144.55 feet, by measurement) to the aforesaid point on the
Wcst line of said Southwest Quarter, said point being also the Southwesterly comer of real
estate conveyed to the City of Carmel, Indiana, by a Warranty Deed recorded in said
Recorder's Office as Instrument Number 8726638; thence South 00 degrees 19 minutes 51
seconds West on the West Zine of the Southwest Quarter of said Section 9, a distance of
406.45 feet to the place of beginning, containing 202.902 acres, more or less. (105.981 in
Section 9, and 96.921 in Section 4).
Sub e,et to all legal easements and rights-of-way. •
PARCJI: B: Porto(' 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 Seuiiuu 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 theEastcrly line of Said teal 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 01 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 aline thatis parallel 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 Easfpaiallel with the North line of said Section 9, a
distance of 284 feet, more or leas to the Westerly edge of water of White River; thence
Northeasterly with the meandering of said edge of water to the East lineof 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.
Subject to all Legal easements and rights-of-way
009840
Case 1:06-cv-00825-DF1-1-TAB Document 128-6 Filed 04/12/2007 Page 12 of 15
0
EXHIBIT B
Depiction of Martin Property
009841
Case 1:06-cv-00825-DFH-TAB Document 1.28-6 Filed 04/12/2007 Page 13 of 15,
•
EXHIBIT C
[Description and Depiction of Hughey Prernises
C.itL OB.IcL�Tlt?l i.z a
Port or ttv Voat 3alxe3 tie :oitSnnt Qrsrtar or 1w0ion 8.
Zeroth:, t7'HxtA /IFS 4. sat fn oar lamer.!&, .IlOalitta
Coaat'. todtact, ennort7at as fnttpaa;
Nootolyf nt 0 polat v$ thy Mat Ilse oS the root gall re me
Xorttomet.Quot Lor of Sootier. 9. 7owahig 17 Barn. Mega t
ea' 1104 Tattle yarc kr Joos. Samir Ot the. Set konat torarn-
nf Bald fleet 24IC; 'Menu 10Uthtr1> oa tie &ot. Jiao of 4a14
Vent aalf 800 feat, taxa or lase: Mori xntitty S®4 foes.
more or inVAC IStalal gorthorl7 A tall Of e1 Sha 241 Fb.et floe
eon teat; avre or leen: tan=Ssaterl7 gat teat.'teaa as
peon. to eha olsca at hep_mtfax. ct :shirr. 8.19 aorta, aero
or leas. �._.�
Terra -72w alto on nee]: fa dorroav r.:6 agroae and
nnaldtJae near act an the Xaa taat43 eavor!had reaj aatato
lto&ted 13 the Vont O.1r ex tae hartho•efl'@airttp it 3eatloa
0, 2,,,,crstup 17 Borth, Sankt 1 Zia at1
Hnn111=1at1 at t_he'gar:hoaat ratcnr or too boat gel: or tha
:totOneC O+tartee or ftctloe 9. Taenehip 17 $omit, pan i
Last: :Meant Sant'ae?1F OII tet Boat neS said' 9eni Hale
1104 foot, cora Or leen, Co tbeaetar47 eerserr et the
above da
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reed easaaxa ta
l rhrVette:Le n t—ae'R
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vlth the Icvt 11ao aaid Wont $air 1114 ;eat, dere ai lane
to the ?faith Idle or acrd tdoerent Tartar: ZZaterww
or. said :4oith 11sa' ea reot to i'o plain of baatmiirat.
SoS,ln.:t tc 3171 Loral ea7Cotata add rirtca-or-ear.
009842
Case 1:06-cv-00825•DFH-TAB Document 128-6 Hied 04/12/2007 Page 14 of 15
•
EXHIBIT 6
Depiction of Martin Property
009843
Cse 1
1442 „ 71,3•9
+00825-DFH-1145
474
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009844
IsXIIIBIT D -I
Legal Description for Mueller North
Legal Description
Parl.of the South Half of Section 4, Township 17 North, Range 4 East of the. Second Principal
Meridian in Clay Township, Hamilton County, Indiana, described as follows:
Beginning.at the Southwest corner of Section 4, Township 17 North, Range 4 Easfof the Second
Principal Meridian. in Clay Township, Hamilton County, Indiana; thence South 89 degrees 55
minutes 56 seconds East (assumed bearing) on the South line of said Section 4,. a die -tango of
3,302.24 feet to the Westerly tine of real estate -conveyed to the .CIty of Carmel, Indiana, by a
decumenttitled `Certification of Clerk" recorded In the Office of the Recorder of Hamliton County,
Indiana, as Instrument Number 9709754848; (the following seven courses being on the Westerly
line of said real estate) 1.) thence North 00 degrees -04 minules 04 seconds Eaet 16.50 feet; 2.)
thence North 60 degrees 23 minutes 05 seconds East 57.55 feet; 3.) thence North 89 degrees50
mfnutes.43seconds East 254.47 feet; 4.) thence South 81 degrees 22 minutes 39 seconds East
198.24 feet; 5.) thence North 25 degrees`45 minutes 13 seconds East 826.18 feet; 6.)thence North
21 degrees 15 minutes 23 seconds East 576.29 feet; 7.) thence North 07 degrees 37 minutes 09
seconds East 180.0a feet to a point on a line that is parallel with the South line of said Section 4,
and extends Easterly from a point on the East line -of the Southwest Quarter of said Section 4 that
is -154.10 feet North of the Southeast corner of the North Half of said Southwest Quarter; thence
North 89 degrees .55 minutes 56 secondsWest on saki line 1,718.85 feet to the aforesaid point on
the East line of said Southwest Quarter, being.also the East line of KINGSWOOD SUBDIVISION,
SECTION THREE, a subdivision In Hamilton County, Indiana, the Secondary Plat of. which, as
amended December 22, 1988, is recorded in sald Recorder's Office as. Instrument Number
8900204 on pages 111 and 112 of Plat Book16; thence -South 00 degrees 07 minutes 43 seconds
West on the East line of said Southwest Quarter 154:10 feet to the Southeast corner of the North
Half ofsaid Southwest Quarter; thence North 89 degrees 51 minutes 18 seconds West on the
South line of the North.Half of said SouthwestQuarter 1,521.03 feet to the Northeast corner of real
estate conveyed to theCity of Carmel, Indiana, per a Deed recorded in the Office of the Recorder
of Hamilton County, Indiana, on page B65rof Deed Record 329, said corner being 1,146.65 feet
East of the Northwest corner of the South }fallof said Southwest Quarter; thenceSouth 00 degrees
27. minutes 42 seconds West on the East line of said real. estate 91 B.75 feet, per the aforesaid
deed, (919.69 teat by measurement) to the Southeast corner of said real eslate,.sald comer lying
on a line that extends South 89 degrees 51 minutes 29 seconds East, measured parallel with the
North line of South Half of said Southwest Quarter from a point on the West line of said Southwest
Quarter that is 406.45 lief North cf. the Southwest corner of said Section 9; thence North 89
degrees 51 minutes 29 seconds West on said line:and the Westerly prolongation thereof; a total
distance of 1,145.5B feet, per the aforesaid Gleed, (1,144.55 feet, by measurement) tothe aforesaid
point on the West line of said SouthwestQuarter, said point being also the Southwesterly comer
of real estate conveyed to the City of .Carmel, Indiana, by a Warranty Deed recorded In said
Recorder's Office as Instrument .Number 6726638; thence South 00 degrees 19 minutes 51
seconds West on the Westline of the Southwest Quarter of said Section 9„a distance of 406.45
feet to the. place of beginning, centalning 105.981 acres, more or less:
112178447.1
EXHIBIT t-1
EXHIBIT D-2
Legal Description for Mueller South Property
Part of the North Half of Section 9, Township 17 North, Range 4. East 01 the Second Principal
Meridian In Clay Township, Hamilton County, Indiana, described as follows:
Commencing at the Northwest corner of Section 9, Township 17 North, Range 4 East ol the
Second Principal Meridian .in.Clay Township, Hamilton County, Indiana; thence South 89 degrees
55 minutes 56 seconds East (assumed bearing) on the North line of said Section 9, a distance of
1,336.18 feet to the Northwest comer of East Half of -the Northwest Quarter of said Section 9,
said comer being the PLACE OF BEGINNING of the within described real estate; thence South 00
degrees 11 minutes 12 -seconds West on the West line of said East Half 1,716.00 feet: thence
South 89 degrees 55 minutes 56 seconds East parallel with the North line of said Section 9, a
distance of 1,336.01 feet to the West line of the East Half of said Section 9; thence South 00
degrees 11 minutes 33 seconds West on the West line.ol•said East Haff /56.75 feet; thence South
89 degrees 55 minutes 58 seconds East parallel with the North line of.sald Section 9, a distance
of 919.66 feet to the Westerly line of real estate conveyed to the City of Carmel, Indiana, by a
documented titled "Certification ol Clerk" recorded in the Office of the Recorder of Hamilton County,
Indiana, as Instrument Number 9709754848 (the following eight courses being on the Westerly line
of said real estate); 1.) thence North 08 degrees 36 minutes 31 seconds East 885.22 feet; 2.)
thence North 02 degrees 53 minutes 53 seconds East 201.00 foot; 3.) thence North 08 degrees
36 minutes 31 seconds East 660,61 feet; 4,) thence North 29 dogroes 48 minutes 29 seconds West
55.59 feet; 5.) thence North 80 degrees 51 minutes 37 seconds West 303.34 feet; 6.) thence North
89 degrees 03 minutes 10 seconds West 148.00 feet; 7.) thence North.60 degrees 14 minutes 56
seconds West 57.55 feet; 8.) thence North 00 degrees 04 minutes 04 seconds East. 16,50 feet to
the North line of said Section 9,said point being 3,302.24 feet South 89 degrees 55 minutes 56
secondsEast of the Southwest corner of said Section 9;thence North 89 degrees 55 minutes 56
seconds West on said North line 1,966.06 feet to the place of beginning; containing 96:921 acres,
more or less.
112176445.1
EXHIBIT 1D-2