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HomeMy WebLinkAboutKingswood/Martin Marietta SETTLEMENT AND RELEASE AGREEMENT THIS SETTLEMENT AND RELEASE AGREEMENT is entered into as of the 17th day of May, 2002 by and among Kingswood Homeowners Association, Inc., an Indiana not-for- . ,, · ~ " Martin Marietta Materials, Inc., a North Carolina profit corporatmn (Kin. gs.w,,o,o.d?,, T__ diana comoration ("Hnghey"); the city corporation, ("Martin Marietta ); t~ugney, m~., of Carmel, Indiana, an 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. RECITALS A. Martin Marietta and the Helen M. Mueller Conservatorship ("Mueller") are parties to a certain lease dated January 1, 2000 with respect to certain real estate located in Hamilton County, Indiana, comprising 237 acres, more or less, and more particularly .... %reof/the "Mueller Property"). described on E~xhibit A. attached hereto ann mane a paL~ ~ B. Martin Marietta is the owner of certain real estate located in Hamilton County, Indiana, located north of 96th Street and south of 106a~ Street, depicted on Exhibit B attached hereto and made a part hereof (the "Martin Property"). -- Martin Marietta and Hughey are parties to a certain agreement and lease dated C. 1998 with respect to a portion of the Martin Property comprising 8.18 acres, August 8, a more or less, and more particularly described on Exhibit C attached hereto and made 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"). In an agreement with American Aggregates Corporation, the predecessor in D. to Martin Marietta dated November 5, 1997 with respect to construction of Hazel interest Dell Parkway (the "Hazel Dell Agreement"), the City agreed that the operations on the Martin Property (i) were outside an "urban area" as defined by I.C. § 36-7-4-1103; and (ii) constitute existing, legal non-conforming uses pursuant to case law and as defined in Carmel'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 Services of the City of Carmel; (iii) the BZA, consisting of members Charles Weinkauf, Pat Rice, Leo Dierckman, Michael Mohr and Earlene Plavchak ("Board 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 declaratory and mandatory relief, and alleged, inter alia, 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 "Defendant?) denied and continue to deny the claims of Kingswood in the Lawsuit, and are entenng into this Agreement to avoid the expense and uncertainty of further litigation. Neither this Agreement, nor the consideration for it, shall be construed as an admission of fact or of any liability by the Defendants. G. The Defendants and Kingswood have participated in lengthy consultation and negotiations through their respective counsel to resolve the issues in the Lawsuit and have concluded it would be in their best interests to settle and compromise their disputes on ther terms and in the manner provided in this Agreement- Steven Engelking 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 Hughey, 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 1. Subject to Section A.3 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 the Commitments (as hereinafter defined). 2. Subject to Section A.3 below, the City shall not object to Martin Marietta's · ation to the BZA for a variance of use to permit the processing plant presently ~P~P~ecrt west of Hazel Dell Parkway and north of 106th Stre? to be. re~l~o, cated t~o~t~e~a~t, ~-~ Hazel Dell Parkway, at a location farther from any florae in lq.lngswoou 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 the City's standards for buffer area landscaping. The City'S Department of Community Services (the "Department") shall recommend that the applications be approved only if they 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 Pla~, shall include a policy, subject to paragraph's A.8 and C.3 below, on the suitability 2 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 Plan Commission for consideration and recommendation to the City Council a Mineral · ,, an e Resource Overlay Zone Ordinance (the "Overlay Ordinance ) and a ch g in the official zoning maps pursuant to which the Mueller Property would be rezoned to the MR Mineral Resource Oyerlay Zone, with Martin Marietta making the Commitments. The Commitments shall be consistent with, and no less restrictive than, the commitments that Martin Marietta has made in connection with any mining permit application in any other jurisdiction in Indiana. The City shall be specifically 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 ordinance rezoning 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 not prejudge, 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 any part 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 recognizes that upon approval of the Applications, Martin Marietta shall 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 connection with the La~vsuit in the amount of $7,500.00. B. Agreements of Martin Marietta 1. 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. · Martin Marietta shall not permit Hughey or any other related industry to expand ts operations beyond the Hughey Premises or add uses not ex~stmg 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 Marietta, (i) continue to utilize the area between the Hughey Premises and the existing berm along the south right-of-way line of 106th Street, as depicted on _Exhibit C. attached hereto and made a part hereof for outside product storage 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 sand and gravel extraction on the Mueller Property north of 106m Street shall be subject to the following conditions and restrictions (tl~e "Commitments"): (a) If Martin Marietta is permitted to commence sand and gravel extraction on the Mueller Property by June 1, 2002 and is not precluded from continuing such extraction, Martin Marietta shall, subject to approval by the BZA and the Indiana Department of Natural Resources, move the processkng plant located north of 106th Street west of Hazel Dell Parkway and adjacent to the Kingswood Subdivision to a new location just east 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 31, 2004 with completion of such move to occur no later than March 31, 2004. Martin Marietta shall terminate 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 after sunrise and one half hour before sunset), durihg the months of November through March, and only on days other than Saturday or Sunday. Martin Marietta shall also cause any operations under its control to be undertaken and conducted in a manner so as to minimize noise, dust, light or smoke impact on surrounding properties. (c) No surface operations shall be undertaken on the wooded portion of the Mueller Property north of 106th Street located directly south of the existing park at the northeast comer of Gray Road and 106th Street. cks entering public streets from operations (d) All trtl ~ , ..... .-th ~onducted by Martin Marietta in Clay Townsmp nortn o~ ~o Street shall have covered beds. Martin Marietta shall reclaim the Mueller Property (n;)rth of106th Street (except the wooded portion of the Mueller Property north of 106tn Street located directly south of the existing park at the northwest comer of Gray Road and 106th Street) and the Martin Marietta property between 106th and 116th Streets abutting the Kingswood Subdivision and west of Hazel Dell Parkway as a lake with (i) 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 (iii) domestic grass coverage of not le~s 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 southerly direction. (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 106t~ Street measured from the existing center line of 106th Street. (g) All reclamation shall comply generally with the reclamation guidelines adopted by the Indiana Mineral Aggregates Association, a current copy of which 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 to the processing plant, and will utilize a closed loop system pursuant to which water pumped from the Mueller Property to the processing plant is returned to the Mueller Property (except as may be lost naturally through evaporation or in the processing activity. Upon completion of the sand and gravel extraction, Martin 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 extraction, Martin Marietta shall construct an earthen landscape berm six (6) feet in height on the north side of 106th Street on the Muetler Property (except the wooded portion of the Mueller P~operty located directly south of the existing park at the northwest comer of Gray Road and 106th Street). (j) Martin Marietta shall be responsible for all environmental matters arising from its operations and shall indemnify and hold harmless the adjacent landowners in the Kingswood Subdivision with respect to any losses, claims 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 submitted by Martin Marietta in connection with the Applications. Martin Marietta agrees that once it has commenced sand and gravel, 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 Mneller property north of 106th Street is complete. (1) Any other commitments required by the BZA 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 fees for its 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 mount will be due thirty (30) days after the Effective Date. 7. For each calendar year or part thereof that Martin Marietta is extracting sand and gravel from the Mueller Property north of 106th Street, it shall pay the City $5,000.00 to monitor Martin Marietta's compliance with the Commitments. Such payment shall be due on the first day of the second month following approval of the Applications and on each anniversary thereof. 8. For each calendar year or part thereof that Martin Marietta is extracting sand and gravel from the Mueller Property north of 106th Street, it shall pay the Kingswood an amount to be used for publication of a Kingswood directory, maintenance of common areas in Kthgswood or social events for the entire Kingswo°d neighborhood. The first such payment shall in the amount of $26,750.00 and shall be due on the first day of the second month following approval of the Applications. Each subsequent payment shall be in the amount of $5,000 and shall be due on each anniversary of the first day of the second month following approval of the Applications. 9. Once 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. Kingswood shall cause the Lawsuit to be dismissed with prejudice. Kingswood shall and does hereby RELEASE AND FOREVER DISCItARGE 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 and all claims, demands, losses, damages, injuries, actions or causes of action with respect to, on account of, arising out of or in any way connected with the allegations of Kingswood in the Lawsuit. 2. Kingswood recognizes that the uses now established on the Martin Marietta parcels property, including but not limited to the Hughey Operations, constitute legal, nonconforming uses. However, Kings~vood also recognizes that, except as provided in Section D 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 or variance Kingswood also recognizes that upon approval of the special use · - dcom lete sand Applications, Martin Marietta shall have a vested right to commence ~ . P and gravel extraction on the Mueller Property as requested m such Apphcatmns 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 with Martin Marietta, (i) continue to utilize the a~ea bet~veen the Hughey Premises and the existing berm along the · t~ as depicted on Exhibit C attached hereto and made south right-of-way hne of 106 Street, -- a part hereof for outside product storage and (ii) expand the ground floor square footage 7 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 with the Lawsuit in the amount of $7,500.00. E. General Agreements of the Parties 1. Neither the La~vsuit 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 defined by 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 which the last party hereto executes this Agreement, provided that if this Agreement is not fully executed by all the part/es on or 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. 8 of this Agreement shall become 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. Each of Kingswood, Martin Marietta and Hughey represents that it has taken all necessary and 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, valid and binding obligation of the City. Kingswood, Martin Marietta, Hughey and the City recognize that this agreement is for the purpose of settlement of the Lawsuit and is not binding on the BZA, the Carmel Clay Plan Commission or the Common Council of the City in the exercise of their responsibilities for land use and zoning of Clay Township and the City of Cannel. 7. This Agreement shall be governed 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. Each of the covenants contained in this Agreement shall 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 m~mber of counterparts, each of which shall be an original but all of which together shall constitute one and the same instrument. 8 IN WITNESS WHEKEOF, this Agreement has been executed as of the date first set forth above. MARTIN M TAr .TERIALS, INC. By: KINGSWOOD HOMEOWNERS ASSOCIATION, INC. (signature) (printed name) Its: ~/~ .iNc. (signature) (printed name) THE CIT~ OF CARMEL, INDIANA.//~ BY: ~e~sABra~ A~est: By: ~ (printed name) Its: ~ (title) INDS01 DRW 490841v10 EXHIBIT A Legal Description of Mueller Property pARCEL A: Part of the North Half of Section 9, and part of the South Half of Section 4, all in Township 17 North, Range 4 East, of the Second Principal 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 comer of the East half of the Northwest quarter of said Section 9; thence South 00 degrees 11 minutes 12 seconds West on the West line of said East half 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 East 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 9709'/54848; (the following fifteen courses being on the Westerly line of said real estate) 1.) thence North 05 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', ?.) 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, being also the South line of Section 4, Township 1 ? North, Range 4 East, said point being 3302.24 feet South 89 degrees 55 minutes 56 seconds East of the Southwest comer 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; 13.) 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 comer 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 of KINGSWOOD SUBDIVISION, SECTION THREE, a subdivision in Hamilton County, Indiana the Secondary Plat of which, as amended December 22, 1988, 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 h"ne of said Southwest Quarter 154.10 feet to the Southeast comer 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 of said Southwest Quarter 1521.03 feet to the Northeast comer of real estate conveyed to the City of Carmel, Indiana, per a Deed recorded in the Office of the Recorder of Hamilton County, Indiana on page 865 of Deed Record 329, said comer being 1146.65 feet East of the Northwest comer of the South Half of said Southwest Quarter; thence South 00 degrees 27 minutes 42 seconds West on the East line of said real estate 918.75 feet, per the aforesaid deed, (919.89 feet by measurement) to the Southeast comer 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 Southwest comer 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, (1144.55 feet, by measurement) to the aforesaid point on the West 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 line 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). Subject to all legal easements and rights-of-way. 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: Quarter of Section 9, Township 17 North, Beginning at the Northeast comer of the Northeast . . · 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 ....... ~ T,,mana bva document titled Certification _o~f Cl,erk ~r,,e,,c,,o~rd~ ~n~.th~,eh?ffice of the Recorder of Hamilton t~oun[y, *~ ........ -- -- 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 01 degrees 00 minutes 13 seconds West 348.84 feet; 4.) thence South 12 degrees 02 minutes-t2 .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 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 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 begirming, containing 29.628 acres, more or less. Subject to all legal easements and rights-of-way EXHIBIT B Depiction of Martin Property EXHIBIT C Description and Depiction of Hughey Rremises EXHIBIT B_ D e pictio n--"~-M a r~in Property ,(