HomeMy WebLinkAboutCondemnation/Martin Marietta
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~ ~ JENNIFER J HAYDEN
05-06-2005 At 09:57 n~.
\:1 AGREEMENT ~1.00
AGREEMENT IN LIEU OF COl\TDEMNATION
APPROVED AS TO FORM B~ 6
.1J1iJ Agreemen~~/ of Condemnation CAgreement") is made and entered into as of
the /,37"- day of ., 2005, between American Aggregates Corporation d/b/a Martin
Marietta Aggregates ("Iv artin Marietta") and the City of Carmel, Indiana, by and through its
Board of Public Works and Safety (the "City").
WHEREAS:
A. Martin Marietta owns in fee simple certain real estate in the City located on the
sides of Gray Road between 96'h Street and 106'h Street in Carmel, Indiana (the "MM Real
Estate"), portions of which the City desires to obtain permanently in fee simple (the "Project Real
Estate") and portions of which the City desires to obtain temporary easement rights thereon (the
"Project Easements") all for a road widening project located on Gray Road (the "Road Project").
B. Martin Marietta operates a mineral cxtraction and processing operation at the
MM Real Estate and has certain continuing operational requirements relative to the Road Project.
C. City could exercise thc power of eminent domain to acquire the portions of the
MM Real Estate it needs for the Road Project.
D. City and Martin Marietta desire to resolve amicably thcse property issues relating
to the Road Project and the continuing operational requirements of Martin Marietta.
NOW, THEREFORE, for good and valuable consideration, City and Martin Marietta
agree:
1. Martin Marietta shall, within two (2) days from the date on which this Agreement
is last signcd by a party thereto, convey to the City, in fee simplc, the Project
Real Estate, as is more particularly described in Exhibit "A", attached hereto and
incorporated herein by reference, by special warranty deed, reserving to Martin
Marietta (a) all sand, gravel, limestone, aggregate, oil and gas beneath the surface
of the Project Real Estate; provided, however, that Martin Marietta shall have no
right to enter through the surface of the Project Real Estate for the extraction or
removal of any such minerals but shall have the right only to extract and remove
such minerals by underground mining at a depth beginning 100 feet below the
surface of the same; (b) a right to encroach in the manner, scope and location as
set forth on attached Exhibit "B", incorporated herein by reference, beneath
portions of the surface of the Project Real Estate sufficient for the placement of
six (6) conduits, each of a diameter of twenty four (24) inches, such conduits to
traverse the Gray Road right-of-way from east to west within and/or abutting the
Project Real Estate, within which Martin Marietta shall have the right to place,
operate and maintain utility lines for, inter alia, water, sewer and electricity for so
long as mining and/or processing operations are conducted on the MM Real
Estate; (c) reasonable access for one (1) vehicular crossing east and west across
the Gray Road right-of-way within or abutting the Project Real Estate, such
crossing to be designated by a ground mounted traffic warning flasher as per a
design approved by the City; and (d) a right to encroach in the manner, scope and
location as set forth in the attached Exhibit "C", incorporated hcrein by refcrencc,
beneath that portion of the surface of the Project Real Estate as is sufficient for
the placement, operation and maintenance of an underground electric line to
traverse the Gray Road right-of-way from east to west within and/or abutting the
Project Real Estate. Martin Marietta shall conduct its underground mining
operations and its use of the foregoing rights to encroach and access rights so as
"
. ..':........'--_.. --..~_.- -------~-----
not to unreasonably or in an unsafe manner interfere with the free flow of traffic
on Gray Road,
2. Martin Marietta shall convey to the City, within two (2) days from the date on
which this Agreement is last signed by a party thereto, the Project Easement, as
more particularly described in Exhibit "A", attached hereto and incorporated
herein by reference, for purposes of allowing the City to complete the Road
Project. The Project Easements shall expire at the earlier of (a) the completion of
the Road Project as certified by the City or (b) eighteen (18) months from the
date this Agreement is last executed by a party hereto.
3, Martin Marietta hereby grants to the City, its agents, contractors, officers,
officials and employees, an immediate right of entry to the Project Real Estate
and Project Easements described in Exhibits A in order to commence the Road
Project.
4. The City shall maintain, or shall cause others to maintain, for the benefit of
Martin Marietta, general liability insurance in an amount not less than
$2,000,000, aggregate coverage, naming Martin Marietta as an additional
insured, for any costs, damages or liability arising from or relating to the Road
Project and shall conduct, or cause others to conduct all activities relating to the
same in a safe and workmanlike manner.
5. Martin Marietta shall not be liable for theft, vandalism or damage to the
equipment or property of the City, its agents, contractors or employees, while on
the Project Real Estate or Project Easements unless the same were due in whole
or part due to the negligence or misconduct of Martin Marietta, its agents,
contractors or employees.
6. As consideration for the interests to be conveyed hereby, the City (a) shall pay to
Martin Marietta the total sum of $234,600.00 for Martin Marietta's fee simple
interests in the Project Real Estate; (b) shall pay to Martin Marietta the total sum
of$87,600.00 for the Project Easements; (c) shall pay to Martin Marietta the total
sum of $101,355.00 as cost to cure damages caused by the Road Project; and (d)
shall at the City's expense cause six (6) conduits, each of which shall be twenty
four (24) inches diameter, to be installed across the width of the Gray Road right-
of-way for use by Martin Marietta. All of the monies set forth in this paragraph
shall be paid to Martin Marietta no more than sixty five (65) days from the date
on which this Agreement is last signed by a party hereto. The conduits shall be
installed as soon as reasonably possible in connection and conformance with the
Road Project. Once installed and accepted by Martin Marietta, the conduits shall
be filled, operated, maintained and repaired by Marlin Marietta at its sole cost
and expense and in a manner that does not harm, damage or destroy, in whole or
part, the Project Real Estate, Gray Road, the Gray Road right-of-way and/or any
improvements to the same made as a result of the Road Project or otherwise, all
such actions to be taken by or on behalf of Martin Marietta in a lawful manner
that does not unreasonably or in an unsafe manner interfere with the free flow of
traffic on Gray Road.
7. The City acknowledges and confilms thc continuing rights of Martin Marietta to
conduct its underground mining operations beneath the Gray Road right-of-way
at a depth beginning 100 feet below the surface thereof.
.'.. .
. 8. The undersigned signatories for each party hereto certifies and affirms that he has
been duly authorized by all appropriate action to execute and deliver this
Agreement on behalf of his entity and this Agreement is the valid and binding
obligation of such entity.
SO AGREED
AMERICAN AGGREGATES CORPORATION
By P ~
D4.ZJ .' /,Derr'
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Date: .~/ /5.. ~tJj
THE CITY OF CARMEL, INDIANA, by and through its
Board of Public Works and Safety
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Date:
ATfEST:
C:\Documents and Settings\gduncan\My Documents\AGREEMENT IN LIEU OF CONDEMNATION.doc
Approved and adopted this 20 fh. day of 1pL.t~,
CARMEL BOARD OF PUBLIC WORKS AND SAFETY
By:
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Meifr h
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ATTEST:
iana L. Cordray, IAMC,
Date:
,2005.
S8IIdIa M. Jelmsoo,
DtIpatJ Oerk for
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EXHIBIT "A"
S\-lEEl .1 of 10
Tract "AI"
Fee Simple
A part of the Northeast Quarter of Section 8, Township 17 North, Range 4 East,
Hamilton County, Indiana, described as follows:
Commencing at the southeast corner of said quarter section; thence North 0 degrees II
minutes 20 seconds East 924.49 feet (assumed bearing) along the east line of said section to the
northeast corner of the 2,37-acre tract described in Deed Record 208, page 74; thence North 89
degrees 19 minutes 43 seconds West 45,00 feet along the north line of said 2,37-acre tract to the
west right of way line of Gray Road and the Point of Beginning ofthis description: thence
continuing North 89 degrees 19 minutes 43 seconds West 15,00 feet along said north line; thence
parallel with the east line of said section North 0 degrees II minutes 20 seconds East 1,66 i ,10
feet to the south right of way line of 106th Street; thence South 89 degrees 17 minutes 57
seconds East 15,00 feet along the right of way of said 106th Street to the west right of way line of
said Gray Road; thence parallel with the east line of said section South 0 degrees II minutes 20
.'
seconds West 1,661.09 feet along said right of way to the Point of Beginning and containing
0.572 acres, more or less.
Subject to all easements and rights of way of record.
EXHIBIT "A"
5He:ei 2. of IV
Tract "BI"
Fee Simple
A strip ofland 60 feet off of the east end of the following-described real estate:
Part of the Northeast Quarter of Section 8, Township 17 North, Range 4 East described as
follows: Beginning at a point 546.8 feet North of the Southeast comer of said Northeast Quarter
and run thence North on the East line of said Quarter Section 377.69 feet to a point, thence West
parallel with the South line of said Quarter Section 346 feet to an iron stake; thence Southeasterly
to a point 203 feet directly West of the place of beginning; thence East 203 feet to the place of
beginning.
The above-described 60.00 foot strip contains 0.520 acres, more or less, inclusive ofthe
presently existing right-of-way which contains 0.143 acres, more or less, for a net additional
taking of 0.377 acres, more or less..
Subject to all easements and rights of way of record.
EXHIBIT "A"
S\-lEl:T .3 of \0
Tract "CI"
Fee Simple
A part the Northeast Quarter of Section 8, Township] 7 North, Range 4 East, Hamilton
County, Indiana, described as follows:
Commencing at the southeast comer of said quarter section; thence North 89 degrees] 9
minutes 36 seconds West 45.00 feet (bearing based upon the assumption that the east line of said
section has a bearing of North 0 degrees I] minutes 20 seconds East) along the south line of said
quarter section to the west right of way line of Gray Road and the Point of Beginning of this
description: thence continuing North 89 degrees 19 minutes 36 seconds West 15.00 feet along
said south line; thence parallel with the east line of said section North 0 degrees]] minutes 20
seconds East 546.80 feet to the south line of the 2.37-acre tract described in Deed Record 208,
page 74; thence South 89 degrees] 9 minutes 43 seconds East] 5.00 feet along said south line to
the west right of way line of said Gray Road; thence parallel with the east line of said section
South 0 degrees I] minutes 20 seconds West 546.80 feet along said right of way to the Point of
Beginning and containing 0.] 88 acres, more or less.
Subject to all easements and rights of way of record.
EXHIBIT "A"
S:HlOl:T 4- aF ID
Tract "DI"
Fee Simple
A part of the Northwest Quarter and a part of the Southwest Quarter of Section 9,
Township 17 North, Range 4 East, Hamilton County, Indiana, described as follows:
Commencing at the southwest comer of the Northwest Quarter of said section; thence
North 89 degrees 45 minutes 57 seconds East 45.00 feet (bearing based upon the assumption that
the west line of said Northwest Quarter has a bearing of North 0 degrees II minutes 20 seconds
East) along the south line of said quarter section to the east right of way line of Gray Road and
the Point of Beginning of this description: thence parallel with the west line of said Northwest
Quarter North 0 degrees II minutes 20 seconds East 2,185.23 feet along said right of way; thence
North 15 degrees 39 minutes 00 seconds East 56.27 feet along said right of way; thence parallel
with the west line of said Northwest Quarter South 0 degrees II minutes 20 seconds West
2,239.88 feet; thence parallel with the west line of said Southwest Quarter South 0 degrees 21
minutes 13 seconds West 2,547.88 feet to the northeastern right of way of 96th Street; thence
North 46 degrees 18 minutes 48 seconds West 20.62 feet along said right of way to the east right
of way line of said Gray Road; thence parallel with the west line of said Southwest Quarter North
,0 degre,es 21 minutes 13 seconds East 2,533.71 feet along said right of way; thence parallel with
the west line of said Northwest Quarter North 0 degrees 11 minutes 20 seconds East 0.397 feet
along said right of way to the Point of Beginning and containing 1.637 acres, more or less.
Subject to all easements and rights of way of record.
EXHIBIT" A"
~He:eI r; of {O
Tract "EI"
Temporary Right of Way for Bridge Construction
An easement in and to the following described real estate: A part ofthe Northwest
Quarter of Section 9, Township 17 North, Range 4 East, Hamilton County, Indiana, described as
follows:
Commencing at the southwest comer of said quarter section; thence North 89 degrees 45
minutes 57 seconds East 60.00 feet (bearing based upon the assumption that the west line of said
quarter section has a bearing of North 0 degrees II minutes 20 seconds East) along the south line
of said quarter section; thence parallel with the west line of said quarter section North 0 degrees
II minutes 20 seconds East 470.93 feet to the Point of Beginning of this description: thence
continuing North 0 degrees II minutes 20 seconds East 200.00 feet; thence South 38 degrees 28.
minutes 15 seconds East 64.03 feet to a point 100.00 feet east of said west line; thence parallel
with said west line South 0 degrees II minutes 20 seconds West 100.00 feet; thence South 38
degrees 50 minutes 55 seconds West 64.03 feet to the Point of Beginning and containing 0.138
acres, more or less.
This easement is for the purpose of bridge construction, which shall revert back to the
grantor upon the completion of the related Gray Road RecOIistruction project.
EXHIBIT "A"
SHt::lET '" OF tD
Tract "FI"
Temporary Right of Way for Bridge Construction
An easement in and to the following described real estate: A part of the Northeast
Quarter of Section 8, Township 17 North, Range 4 East, Hamilton County, Indiana, described as
follows:
Commencing at the southeast corner of said quarter section; thence North 89 degrees 19
minutes 36 seconds West 60.00 feet (bearing based upon the assumption that the east line of said
quarter section has a bearing of North 0 degrees I I minutes 20 seconds East) along the south line
of said quarter section; thence parallel with the east line of said quarter section North 0 degrees
II minutes 20 seconds East 320.87 feet to the Point of Beginning of this description: thence
North II degrees 07 minutes 16 seconds West 203.96 feet to a point 100.00 feet west of said east
line; thence parallel with said east line North 0 degrees I 1 minutes 20 seconds East 50.00 feet;
thence North 38 degrees 50 minutes 55 seconds East 64.03 feet to a point 60.00 feet west of said
east line; thence parallel with said east line South 0 degrees II minutes 20 seconds West 300.00
feet to the Point of Beginning and containing 0.161 acres, more or less.
This easement is for the purpose of bridge construction, which shall revert back to the
grantor upon the completion of the related Gray Road Reconstruction project.
SH~ ,oF 10
EXHIBIT "A"
Tract "GI"
Temporary Right of Way for Drive Construction
An easement in and to the following described real estate: A part of the Northeast
Quarter of Section 8, Township 17 North, Range 4 East, Hamilton County, Indiana, described as
follows:
Commencing at the southeast comer of said quarter section; thence North 89 degrees 19
minutes 36 seconds West 60.00 feet (bearing based upon the assumption that the east line of said
quarter section has a bearing of North 0 degrees II minutes 20 seconds East) along the south line
of said quarter section; thence parallel with the east line of said quarter section North 0 degrees
II minutes 20 seconds East 205.87 feet to the Point of Beginning of this description: thence
North 71 degrees 22 minutes 34 seconds West 63.25 feet to a point 120.00 feet west of said east
line; thence parallel with said east line North 0 degrees 11 minutes 20 seconds East 55.00 feet;
thence North 71 degrees 45 minutes 14 seconds East 63.25 feet to a point 60.00 feet west of said
east line; thence parallel with said east line South 0 degrees II minutes 20 seconds West 95.00
feet to the Point of Beginning and containing 0.103 acres, more or less.
This easement is for the purpose of constructing a driveway to the grantor's private
property, which shall revert back to the grantor upon the completion of the related Gray Road
Reconstruction project.
~11l:!:\.~ e, llF-lO
EXHIBIT "A"
Tract "HI"
Temporary Right of Way for Drive Construction
An easement in and to the following described real estate: A part of the Northwest
Quarter of Section 9, Township 17 North, Range 4 East, Hamilton County, Indiana, described as
follows:
Commencing at the southwest comer of said quarter section; thence North 89 degrees 45
minutes 57 seconds East 60.00 feet (bearing based upon the assumption that the west line of said
quarter section has a bearing of North 0 degrees 11 minutes 20 seconds East) along the south line
of said quarter section; thence parallel with the west line of said quarter section North 0 degrees
11 minutes 20 seconds East 205.93 feet to the Point of Beginning ofthis description: thence
continuing North 0 degrees 11 minutes 20 seconds East 95.00 feet; thence South 71 degrees 22
minutes 34 seconds East 63.25 feet to.a point 120.00 feet east of said west line; thence parallel
with said west line South 0 degrees 11 minutes 20 seconds West 55.00 feet; thence South 71
degrees 45 minutes 14 seconds West 63.25 feet to the Point of Beginning and containing 0.103
acres, more or less.
This .easement is for the purpose of constructing a driveway to the grantor's private
property, which shall revert back to the grantor upon the completion of the related Gray Road
Reconstruction project. .
EXHIBIT" A"
5\1Elrr 'I OF 10
Tract "11"
Temporary Right of Way for Grading
An easement in and to the following described real estate: A part of the Southwest
Quarter of Section 9, Township 17 North, Range 4 East, Hamilton County, Indiana, described as
follows:
Commencing at the northwest corner of said quarter section; thence North 89 degrees 45
minutes 57 seconds East 60.00 feet (bearing based upon the assumption that the west line of said
quarter section has a bearing of North 0 degrees 21 minutes 13 seconds East) along the north line
of said quarter section; thence South 0 degrees II minutes 20 seconds West 0.53 feet; thence
parallel with the west line of said quarter section South 0 degrees 21 minutes 13 seconds West
1,728.71 feet to the Point of Beginning of this description: thence South 7 degrees 14 minutes 28
seconds East 453.98 feet to a point 120.00 feet east of said west line; thence parallel with said
west line South 0 degrees 21 minutes 13 seconds West 300.00 feet; thence South 76 degrees 19
minutes 06 seconds West 61.85 feet to a point 60.00 feet east of said west line; thence parallel
with said west line North 0 degrees 21 minutes 13 seconds East 765.00 feet to the Point of
Beginning and containing 0.734 acres, more or less.
This easement is for the purpose of grading, which shall revert back to the grantor upon
the completion of the related Gray Road Reconstruction project.
, .
.SlrlEET_.lO..cl= to._
EXHIBIT "A' ,
OWNER: mERICAN AGGREGATES CORPORATION
OEm RECORD 150, PAGE 552, OATEO 9-29-56 DEED RECORD 330, PACE 16, DAlEO .H9-82
DEED RECORD 208, PAGE 74, CATED 10-31-66 INSTRUMENT NO, 95~7788, OATEO 6-30-95
DEED RECORD 329. PAGE 32. DATED. 12-14-81 INSTRU~ENT NO. 95S2B06, DATED 9-11-95
A PART or SECTIONS 8 AND 9, TOWNSHIP 17 NORTH, RANG[ -4 [AST
HAMfLTON COUNTY, INDIANA
~!1AiCHEDAAEAISTHE
AP?RQXIMATE TAJ<ING
OR,l,VlN Bt Il.P. KOfl.W\\JS 4-8-04
CHECKED By: T.J. COOMES 4-29-04
SCALE; 1.'" 400'
o '00
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TRACT C 1
106TH STREET
[XISTING SOUTH R/W
UN! or 106TH sf.
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RIGHT OF WAY
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STATE OF INDIANA )
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COUNTY OF HAMIL TON )
Before me, a Notary Public in and for said.County and State, personally
Appeared MAYOR JAMES BRAINARD, MARY ANN BURKE, and LORI WATSON,
by me known, and by me known to be the Members of the City of Carmel Board of
Public Works and Safety, who acknowledged the execution ofthe foregoing
"Condemnation", between American Aggregates Corporation d/b/a Martin Marietta. ,<\:.: ".,"
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Witness my hand and Notary Seal this 25th day of April, 2005.t' 0 '..:....:.~-;.;V~.J'",,'~.
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o ARY PUBLIC .:: 1".It.r.>"''''''''''I~~'''' ::
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My County of Residence: HAiVtidot./ "?';':i[;W~;/
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Aggregates and the City of Carmel, Indiana.
My Commission Expires:
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