HomeMy WebLinkAboutLieu of Condem/Martin Marietta HAMILTO~I COUNTY~ INDIANA
JENNIFER d HAYDEN ¥ ~.--~'
: 05-06-2005 At 05'-" 57 ~tm. APPROVED AS TO FORM R
! AGREEMEHT 4.1.00
AGt~J~EMENT I!~' L~U OP CONDEIV!I',IATION
~h~ A~eement ~ Ecu of ~onde~e~ion ("A~eemcnt") ~s m~de and'cn~e~ed ~n~o as o~
t~e /~ d'~y oE~, 2005,,~etween American A~c~es Co~o~tion ~/a
~de~ ~e~ses ("X~n M~de~t~ )'~nd the Ci~ oE C3~el. ~di~n~, by ~nd t~ou~h ~s
~o~sd o~ub]ip Wosks ~nd Sa~e~' (the "C~').
~AS:
A. ~fa~in Marietta o~s in fee simple certain real estate in the Ci~ loca~ed on the
sides of Gray Road be~veen 96t~ Sweet and 106~ Street in Ca~el, ~diana (the "~ Real
Estate"), portions of which the Ci~' desires to obtain pe~anently in fee simple (the '?roject Real
Estate") find p0~ions of ~vhich tile Ci~ desires to obtain tempora~ eaFement rights th~e0n (the
"Pro, eot Easements") all for a road widening project located on Gray Road (the "Road Project'.).
B. Matin Mariena operates a mineral extraction and processing operation at the
MM Real Estate and has ce~ain continuing operational requirements relative to the Road Project.
C. Ci~ could exercise the power of eminent domain to acquire the potions of the
MM Real Estate it needs for the Road Project.
D. Ci~ and Matin Mafie~a desire to resolve amicably these prope~ issues ?luting
to the Road Project and the 9ontinuing operational requirements ofMa~in Mafie~a.
NOW, THE~FO~, for good and valuable consideration, Ci~ and Matin Marcia
a~ee:
1. Matin MarieUa shall, within two (2) days ff~m the date on which this A~eement
is last si~ed by a pa~ thereto, convey to the Ci~, in fee simple, the Project
Real Estate, as is more pa~ioularly described in Exhibit "A", a~aehed hereto and
inco~orat~d herein by reference, by special wa=anW deed, reset'lng to Matin
Mafie~a (a) all sand, Kavel, ~imestone, ag~egate, oil and gas 'beneath the surface
of the Project Real Estate; provided, however, that Martin Mafie~a shall have no
right to enter tNough the surface of the Project Real Estate for the ex~aetion or
removal of any such minerals but shall have the right only to ex~aet and remove
such minerals by under~ound mining at a depth begi~ing 100 feet below the
surface of the same; ~) a right to encroach in the ma~er, scope and location as
set .f~nh on fittaehed Exhibit "B", in~o~orated herein by refgrenee, beneat~ ·
portions of the surface of the Project Real'Estate sufficient for the placement of
six (6) conduits, each of a diameter of ~en~ four (24) inches, such conduits to"
~averse the Gray Road right-of-way from east to west within anWor abusing the
Project Real Estate, within which Matin Marie~a shall have the right to PlaEe,
operate and maintain utiliU lines for, inter alia, water, sewer and elecMei~ forso
long as mining anWor processing operations are conducted on the MM Real
Estate; (c) reasonable access for one (1) vehieular crossing east and west across
the Gray Road fight-of-way within or abusing the Project Real Estate, Such
crossing to be desi~ated by a ~ound mounted ~affie warning flasher as per a
desi~ approved by the Ciu; and (d) a right to eneroach in the ma~er, scope ~d
location as set forth in the attached Exhibit "C", inco~orated herein by referenoe,
beneath that potion of the surface of the Project Real Estate as is sufficient for
the plaeement, operation and maintenance of an under~ound eleetfic l~ne to
traverse the Gray Road right-of-way from east to west within anWor abutting the
Pro]e~t Real Estate. Martin Marie~a shall conduct its under~ound mining
operations and its us~ of the foregoing rights to encroach and access rights so as