HomeMy WebLinkAboutCommitments, Recorded_06-26-09SSSSSt SSS f p06f
Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presented
MARTIN MARIETTA MATERIALS, INC.
MUELLER PROPERTY NORTH
SAND AND GRAVEL SPECIAL USE APPLICATION
Docket No. 08080007 CA
MODIFICATION OF COMMITMENTS
MADE IN RESPECT OF DOCKET NO. 05010021 SU
COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE
MADE IN CONNECTION WITH PETITION FOR SPECIAL USE PERMIT
Martin Marietta Materials, Inc. ("Martin Marietta"), makes the following Modified Commitment
concerning the use and development of that parcel of real estate located near the intersection of
the northwest comer of 106th Street and Hazel Dell Parkway, in the City of Carmel, Hamilton
County, Indiana, which is more particularly described on Exhibit A attached hereto and
incorporated herein by this reference (the "Real Estate").
Statement of COMMITMENTS:
1.Buffers and Screening
(a)Martin Marietta hereby agrees that Commitment 6(a) set forth under Docket No.
05010021-SU is hereby deleted and the following is substituted in its place:
A buffer area of approximately 150 feet in width will be maintained along
the northern and western permit boundaries adjacent to Carmelot Park and
the Kingswood neighborhood.
The above referenced commitment is hereby deemed a part of and subject to the same
terms and conditions and enforcement rights as are set forth in the Statement of Commitments
issued in respect of Docket No. 05010021 SU, recorded June 30, 2005, in the office of the
Recorder of Hamilton County, Indiana, as Instrument No. 2005-00040447.
The undersigned hereby authorizes the City of Carmel Department of Community
Services to record this Modification of Commitments in the Office of the Recorder of Hamilton
County, Indiana, upon final approval of Docket No. 08080007 CA.
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I ITNESS WHEREOF, Martin Marietta has caused the execution of this instrument this /2@ay of —] usee_, 2009.
MARTIN MARIETTA MATERIALS, INC.
By: —#_ <Tibely’
John J. Vibén, Va {
Wa sideut - prtrcheasT Myivision
STATE OF INDIANA )
) SS:
COUNTY OF MARION )
Before me, a Notary Public in and for said County and State, personally appeared John J.
Tiberi, the Vice President/General Manager of Martin Marietta Materials, Inc., who
acknowledged the execution of the foregoing instrument and who, having been duly sworn,
stated that any representations therein contained are true.
wd WITNESS my hand and Notarial Seal this MZ “day of S Ure , 2009.
Signature
Boule K Conartoe
Printed NOTARY PUBLIC
My Commission Expires: Z-tl-/ 5 County of Residence: hau Lt DAC
1/2205803.1
REOF, Martin Marietta has caused the execution of this instrumentINAVITNESSWUEF
this /£’~a&y of 2009.
MARTIN MARIETTA MATERIALS, INC.
-736-By:
John J. ftyeri, \zfc9'i|re3ident /Gonoral Manager
STATE OF INDIANA )
) SS:
COUNTY OF MARION )
Before me, a Notary Public in and for said County and State, personally appeared John J.
Tiber!, the Vice President/General Manager of Martin Marietta Materials, Inc., who
acknowledged the execution of the foregoing instrument and who, having been duly sworn,
stated that any representations therein contained are true.
WITNESS my hand and Notarial Seal this /b? Glay of \J , 2009.
/jUxJk-
Signature
NOTARY PUBLIC
My Commission Expires: 2 " //~/£ County of Residence:
Printed
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E. & H. MUELLER DEVELOPMENT,
LLC, an Indiana limited liability company
By:
Signature 'S
Wilbur Tyner, Jr., Managing Member
Printed Name and Title
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared
, the Managing Member, authorized agent of E. & H. Mueller
Development, LLC, an Indiana limited liability company, who acknowledged the execution of
the foregoing instrument and who, having been duly sworn, stated that any representations
therein contained are true.
WILBUR TYNER, JR.
17th
J
u
n
e
,2009.WITNESS my hand and Notarial Seal this day of
£
Signature
Patricia A. Ward
NOTARY PUBLICPrinted
HamiltonMy Commission Expires: 11/39/16 County of Residence:
This instrument was prepared by and after recordation shall be returned to Zeff A. Weiss, Ice
Miller, One American Square, Suite 2900, Indianapolis, Indiana, 46282-0200, Telephone (317)
236-2319. I affirm, under the penalties for perjury, that I have taken reasonable care to redact
each Social Security number in this document, unless required by law. Zeff A. Weiss, Esq.
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EXHIBIT A
REAL ESTATE DESCRIPTION
Legal Description
Part 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 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 South line of said Section 4, a distance of
3.302.24 feet to the Westerly 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 seven courses being on the Westerly
line of said real estate) 1.) thence North 00 degrees 04 minutes 04 seconds East 16.50 feet; 2.)
thence North 60 degrees 23 minutes 05 seconds East 57.55 feet; 3.) thence North 89 degrees 50
minutes 43 seconds 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 180.00 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 corner of the North Half of said Southwest Quarter; thence
North 89 degrees 55 minutes 56 seconds West on said line 1,718.86 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 16; 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 of said Southwest Quarter 1,521.03 feet to the Northeast corner 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 corner being 1,146.65 feet
East of the Northwest corner 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 corner of said real estate, said corner 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 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 1,145.58 feet, per the aforesaid deed, (1,144.55 feet, by measurement) to the aforesaid
point on the West line of said Southwest Quarter, said point being also the Southwesterly corner
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 105.981 acres, more or less.
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