HomeMy WebLinkAboutD-1782-05 ROW/River Rd.(Introd.2005)
DULY ENTERED FOR TAXATION
Subject to final acceptance for transfer
.J:Ldayof tf)~ I 20~
,I)~f~' '1..'+>.... . ~
,c.C><J'lA'\.. {ftJ,1.lJ.G<V Aud~or of Hamilton Counl1
Parcel #
SPONSOR: Councilor Glaser
OIUHNANCE D-1782-0S
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
TO VACATE A SEGMENT OF RIGHT-OF-WAY FOR RIVER ROAD
WHEREAS, E&H Mueller Development LLC, Martin Marietta Materials, Inc., and
American Aggregates Corporation ("Petitioners") have filed a petition that a portion of River
Road in the City of Carmel, Hamilton County, Indiana be vacated, pursuant to LC. 36-7-3-12;
WHEREAS, the portion of the public right of way to be vacated (the "Right of Way
Segment") is described as follows:
That remaining portion of River Road which exists South of 106th Street and
paralleling the West Line of the East Half of Section 9, Township 17 North,
Range 4 East. River Road extends south from 106th Street approximately 1,670
feet to its termination and is approximately parallel to the above described Section
Line with the centerline of said road being approximately 26.5 feet east of said
Section Line. . River Road is approximately 20 feet in width. The whole distance
of said road being 1,670 feet or 0~32 miles,
as more particularly depicted on Exhibit "A" hereto;
\VHEREAS E&H Mueller Development LLC, Martin Marietta Materials, Inc., and
American Aggregates Corporation, constitute all of the owners in fee simple or leasehold interest
in and to the real estate that abut the Right of Way Segment, as more particularly described in
Exhibits "B," "C;" "D," and "E" hereto, respectively;
WHEREAS, the Real Estate to be vacated is not properly improved, nor does it serve as a
part of the general road system and the public will be benefited by its vacation by increasing
security and limiting access to the public to the sand and gravel operation on the adjacent
property; and
WHEREAS, with respect to the Real Estate, the Petitioners have entered into certain
commitments with the City of Carmel Board of Zoning Appeals, in Special Use Application
Docket No. 04040024-SU that require limited access to this portion of River Road and that are
inconsistent for use as a public way.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana, that the Right-of-Way Segment be, and it hereby is, vacated, and ownership
thereof shall revert to the Owner and successors, assigns, and grantees.
PASSED by the Common Council of the City of Carmel, Indiana, this
(h C ~ 2006, by a vote of I ayes and <:)
~ ~day of
nays~
,
,
INDY 1626335v.1
200600062723
Filed for Record in
HAMILTON COUNTY, INDIANA
JENNIFER J HAYDEN
10-18-2006 At 12:13 PM.
ORDINANCE 25.00
COMMON COUNCIL FOR THE CITY OF C
r
Mark Ratlerm
KEWIN
ATTEST:
-Treasurer
.
Presented by me to the Mayor of the city of Carmel, Indiana this I U. +-~ay of
(j ~ , 2006. ~ ,: SO p. tY'\.
Diana 1. Cordray, lAMC, Cl
Approved by me, Mayor of the City of Carmel, Indiana, this IlofAaay of
O~ ,20M. "* -"/,' ~/~ >
A TIEST:
'(/
~A
Diana 1. Cordray, IAMC, Clerk-Treas er
Prepared by: Beth H. Henkel, Ice Miller, One American Square, Box 82001, Indianapolis,
Indiana 46204-0200.
2
fNDY 1626335v. \
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EXHIBIT "B"
Part of the North Half of Section 9, Township 17 North, Range 4-East of 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 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 East Half ofthe 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
1716.00 feet; thence South 89 degrees 55 minutes 56 sec.onds East parallel with the North line of
said Section 9, a distance of 1336.01 feet to the West line ofthe 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 of919.68 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 Hamiltori 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 feet;
3.) thence North 08 degrees 36 minutes 31 seconds East 660.61 feet; 4.) thence North 29 degrees
48 minutes 29 sec.onds 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 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 3302.24
feet Soilth 89 degrees 55 minutes 56 seconds East ofthe Southwest corner of said Section 9;
thence South 89 degrees 55 minutes 56 seconds West on said North line 1966.06 feet to the place
of beginning, containing 96.921 acres, more or less.
INDY 1582581v.l
EXHIBIT "C"
Part of the North Half of Section 9, Township 17 North, Range 4 East of the Second Principal
Meridian in Clay Township, Hamilton County, Indiana, described as follows:
Commencing 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, said comer being the PLACE OF BEGINNING of the within described real
estate; thence South 00 degrees II 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 of1336.01 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 of919.68 feet to the Westerly line of real estate conveyed to the City of
Carinel, 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 eight
courses being on the Westerly line of said real estate) 1.) thence North 08 degrees 36 minutes 31
seconds Easf885.22 feet; 2.) thence North02 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 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 3302.24
feet South 89 degrees 55 minutes 56 seconds East of the Southwest comer of said Section 9;
thence South 89 degrees 55 minutes 56 seconds West on said North line 1966.06 feet to the place
of beginning, containing 96.921 acres, more or less.
INDY 1582581v.1
EXHIBIT liD"
Part of the East Half ofthe Northwest Quarter of Section 9, Township 17 North, Range 4 East,
more particularly described as follows, to-wit:
Beginning at' a point, said point being the center of said Section and the Southeast corner of said
Half Quarter Section and also being the center line of River Road, thence in a Westerly direction
along the Quarter Section Line 1335.4 feet to a corner post, thence North along a fence line to a
corner post a distance of972.5 feet, thence East 1358.4 feet to the center line of River Road,
thence South along the center line of River Eoad 972.5 feet to the place of beginning. Containing
29.86 acres, more or less.
INDY 1582581 v.1
EXHIBIT "E"
Part of the West Half of the Northeast Quarter of Section 9, Township 17 North, Range 4 East,
more particularly described as follows, to-wit:
Beginning at a point, said point being the center of Section 9 and the Southwest corner of the
Northeast Quarter of said Section and being in the center line of River Road, thence north along
the center line of River Road a distance of 808.8 feet, more or less, to a fence, thence east along
the fence line to the bank of White River, being 1393.0 feet more or less, thence in a
southwesterly direction along the baTIk of White River a distance of 896 feet to the south line of
the Southwest Quarter of the Northeast Quarter of said Section, thence west along said Quarter
Section line 1082.6 feet more or less, to the point or place of beginning, containing 22.77 acres,
more or less.
INDY 1582581v.l
I affirm, under the penalties of perjury, that I have taken reasonable care to redact each
Social Security number in this document, unless required by law. Beth H. Henkel
""'.'~<v~..~
FileNo.:
PETITION TO ABANDONN ACATE
IN THE MATTER OF THE PETITION OF
APPROVED AS TO FORM BY ~
E&H Mueller Development LLC, 11173 Hazel Dell Parkway, Indianapolis, Indiana 46280,
Phone No. 317-773-2190
And
Martin Marietta Materials, Inc., 1980 E. 1 16th Street, Suite 200, Carmel, Indiana 46032, Phone
No. 317-573-4460
And
American Aggregates Corporation, 1337 Dayton Xenia Road, Xenia, Ohio 45385, Phone No.
937-429-0976
For the Vacation of:
River Road (Extending South from 106'h Street) (See Exhibit "A" Attached)
TO THE COMMON COUNCIL OF THE CITY OF CARMEL, HAMILTON COUNTY,
STATE OF INDIANA
We, the undersigned property owners and property lessee within the City of Carmel do petition
that the following described Road be vacated; pursuant to.I.C. 36-7-3-12. The undersigned are
all of the owners in feesimple or leasehold interest in and to the real estate contiguous with said
right of way, in the City limits of the City of Carmel, Indiana; which is described as follows, to-
wit:
That remaining portion of River Road which exists South of 106th Street and paralleling the West
Line of the East Half of Section 9, Township 17 North, Range 4 East. River Road extends south
from 106th Street approximately 1,670 feet to its termination and is approximately parallel to the
above described Section Line with the centerline of said road being approximately 26.5 feet east
of said Section Line. River Road is approximately 20 feet in width. The whole distance of said
road being 1,670 feet or 0.32 miles, the portion of said River Road to be vacated; as more
particularly depicted on Exhibit "A".
Your petitioners respectfully represent and allege that the road is not properly improved, nor
does it serve as a part of the general road system. The public will be benefited by its vacation by
increasing security and limiting access to the public to the sand and gravel operation on the
adjacent property. In addition, Petitioners have entered into certain commitments with the City
of Carmel Board of Zoning Appeals, in Special Use Application Docket No. 04040024-SU that
require limited access to this portion of River Road and that are inconsistent for use as a public
way.
As this petition is filed at the instance and request of the Carmel Clay Board of Zoning Appeals
in connection with the above-referenced special use permit, your petitioners request waiver of
the assessment of benefits.
The petitioners herein constitute all of the property owners or lessees of said
property abutting said road.
WHEREFORE; your petitioners respectfully request that the Common Council of the City of
Carmel adopt an ordinance vacating the road described in Exhibit "A", following notice and a
public hearing, as provided by I.C. 36-7-3-12.
Listed below are the approval signatures of all property owners and property lessees whose
property may be affected by this proposed road vacation.
PETITIONERS SIGNATURES
LEGAL DESCRIPTION OF PETITIONERS
PROPERTY
ic ael Antrim, Church Church Hittle
Antrim, Attorney
E&H Mueller Development LLC
Property Owner
Tax Parcel 17-14-09-00-00-003.000
Instrument Number 2000-24710
See Exhibit "B"
Daniel G. Shephard, Vice President
Martin Marietta Materials, Inc.
Property Lessee
Tax Parcel 17-14-09-00-00-003.000
See Exhibit "C"
2
American Aggregates Corporation
By: its sole shareholder
Martin Marietta Materials, Inc.
By: Daniel G. Shephard, Vice President
Property Owner
Tax Parcel 17-14-09-00-00-002.000
Deed Record 166, Page 252
See Exhibit "0"
American Aggregates Corporatiorl
By: its sole shareholder
Martin Marietta Materials, Inc.
By: Daniel G. Shephard, Vice President
Property Owner
Tax Parcel 17-14-09-00-00-005.000
Deed Record 167, Page 260
See Exhibit "E"
3
INDY 1586097v.2
~
MARTIN MARIETTA MATERIALS, INC. ^ RECEiV,
MUELLER PROPERTY SOUTH~ j .
SAND AND GRAVEL SPECIAL USE APPLICATION O~B ~
Docket No. 04040024-SU
STATEMENT OF COMMITMENTS
COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL EST ATE
MADE IN CONNECTION WlTH PETITION FOR SPECIAL USE PERMIT
Martin Marietta Materials, Inc. ("Martin Marietta"), makes the following COMMITMENTS
concerning the use and development of that parcel of real estate located near the intersection of
the southwest 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").
200500')06560
Statement of COMMITMENTS: Fi lad for Ra':ord in
HAMILTON COUNTY, INDIANA
JEHlH FER J HAYDEtt
L General Ooerational Commitments 02-02-2005 At 03:~2 ...
MISe 29.00
(a) Martin Marietta will develop a sand and gravel operation on the Real Estate to
commence in 2004 and continue for approximately 3 to 5 years, depending on
market conditions. Provided, however, that this permit shall expire seven years
from the commencement of sand and gravel extraction. Martin Marietta shall
notify the Director ("Director") of the . Department of Community . Services
("DOCS") of the City of Carmel (the "City") within seven days of such
commencement.
(b) The hours of operation regarding the extraction of sand and gravel will be 7:00
A.M. to 7:00 P.M., Monday through Friday, and from 8:00 A.M. to 2:00 P.M. on
. Saturdays. No operations are permitted on Sunday and holidays. .
(c) Extraction operations may be conducted outside these hours only (i) to supply
materials for inclusion in a public (state, federal or municipally directly funded)
project; (ii) to respond to an emergency; or (iii) to meet exceptional demands
caused by special projects requiring work outside normal hours. Operations
outside the above stated hours to meet the demands of a special project shall not
exceed fifteen (15) days in any calendar year. Except in the case of emergencies,
DOCS shall be advised of all operations outside of the slated hours at least 48
hours in advance of the work.
(d) Overburden removal shall be completed during the hours of 6:00 A.M. to 8:00
P.M between the months of November through March (except as necessary to
construct visual and noise barriers) and only on days other than Saturday, Sunday,
or holidays. Martin Marietta shall conduct all operations, including overburden
removal, in a manner so as to reasonably minimize noise, dust, and light impact
on surrounding properties.
INDY 1426192,13
(e) No blasting shall occur on the Real Estate unless otherwise approved by the City
or the CanneUClay Board of Zoning Appeals ("BZA") under a future petition.
(I) No processing of sand and gravel, other than loading of raw material, shall occur
on the Real Estate unless otherwise approved by the City or BZA under a future
petition.
(g) No sales of any material shall occur on the Real Estate. This shall not prevent the
removal of topsoil overburden to be sold at Manin Marietta's 96th Street plant or
its Cannel Sand Plant located at 11010 Hazel Dell Pkwy.
2. Reports and Permits
(a) Prior to commencement of any work on the Real Estate, and thereafter continuing
during the period of its performance of all work, Manin Marietta shall provide
copies of approvals and permits from every govemmental agency having
jurisdiction over the Real Estate and/or activities of Martin Marietta with respect
to the Real Estate, including all submittals to such governmental agencies, and
shall include all specifications and restrictions contained in such submittals and
approvals.
(b) Following approval of Docket No. 04040024 SU, Manin Marietta shall submit an
annual report on or before March 1 of each year showing the progress that has
been made in the development and mining of the Real Estate until final site
reclamation. DOCS shall make the report available for inspection and copying by
all interested parties.
(c) Martin Marietta will seek necessary permits to demolish the buildings located on
the Real Estate within six (6) months of the approval of its request for a Special
Use Permit for the Real Estate.
(d) The relocation of Blue Woods Creek will be in accordance with the Blue Woods
Creek permit approvals and shall include the lining of Blue Woods Creek as set
forth in the permit approvals. Martin Marietta will provide as-built plans to
appropriate panies (including DOCS) following the relocation construction.
Martin Marietta will also provide monitoring reports to appropriate parties
(including DOCS) following construction of the relocation. A copy of the
maintenance agreement will be provided to the City of Carmel Urban Forester,
Building Commissioner and Department of Engineering.
(c) The maps, submittals, and undertakings in the Technical Advisory Committee of
DOCS ("T AC") responses shall be deemed the application documents and shall
bind Martin Marietta. Attached hereto as Exhibit B is a master list of the maps
and submittals governing the application and this approval. In the event of a
conflict between maps or submittals, the most recent submittal shall be deemed to
supersede all prior maps or submittals and to be binding on Martin Marietta.
2
INDY 1426192v\3
(I) Martin Marietta shall use the existing entrance on 96th Street for haul trucks and
other heavy equipment accessing the Real Estate (except a~ it may be necessary to
access the Real Estate from I06th Street for berm construction). No new
entrances are proposed in the Special Use application or allowed by the Special
Use approval. Access via the former River Road access point shall be limitecl to
construction of the berm, maintenance, and other ordinary vehicles not including
haul trucks. Provided, bowever, the Director is authorized' to allow an additional
entrance on ] 06th Street if Martin Marietta proposes to use it for purposes of
crossing 106th Street to access the Mueller North property directly and haul
material to the Carmel Sand Plant across such Mueller North Property. Martin
J'vIarietta is entitled to reserve a driveway access for such purposes across the
right-of-way it is otherwise dedicating to the City. The Director is authorized to
apply such conditions to any approval of a 1061h Street driveway access as he
deems reasonable.
(g) The berm specified along J 06th Street shall be substantially complete within one
hundred eighty (J 80) days of the commencement of the removal of overburden
from the Real Estate. Completion shall include, but not be limited to, landscaping
installation and seeding. The Director is authorized to allow landscaping and
seeding to be deferred up to six (6) months to allow planting to be done at an
appropriate time seasonally.
3. Studies and Monitoring
If the Director determines that study or monitoring of off-site impacts, such as noise,
dust, or truck traffic by way of example is necessary. he or she shall notify Martin Marietta of the
particular matter needing study. Martin Marietta shall then present the Director with a proposal
to address the matter raised by the Director, at Martin Marietta's expense, within forty-five (45)
days. If the Director agrees with the proposal, Martin Marietta shall cause the study or
monitoring to be performed at its expense in the time frame set forth in the proposal. If the
Director does not agree with Martin Marietta's proposal, he or she shall modify it or present
Martin Marietta with his or her own proposal, and Martin Marietta shall pay the cost of such
studies.
4. Water Monitoring
Martin Marietta will cooperate with the City Utilities Department in the development of a
water quality monitoring program acceptable to the Utilities Department. Martin Marietta's
proposal in that regard is contained in the document titled "Groundwater and Surface Water
Monitoring Plan for the Mueller Property South Sand and Gravel Operation Carmel, Indiana,"
dated June 2004, and previously submitted to the Utilities Department. Martin Marietta agrees to
pay for the monitoring and other activities proposed in the report to be performed by Martin
Marietta. Martin Marietta recognizes that the City wants to conduct additional monitoring at its
own expense and agrees to cooperate with the City to permit such additional monitoring. Martin
Marietta also agrees to build two weirs at its expense on Blue Woods Creek and to install flow
meters at points to be designated by the Utilities Department. Further, Martin Marietta shall
grant the City access to the monitoring points, flow meters, and related areas at all reasonable
3
INDY 1426192v13
times, subject to compliance with MSHA regulations. The City shaH also have access to
monitoring locations on an as needed basis for emergency purposes.
5. Site Access Improvements
(a) Martin Marietta shall cause all truck traffic hauling sand and gravel to and from
the Real Estate for processing at the Carmel Sand Plant to utilize the existing curb
cut along East 96t11 Street (at the point of access to its existing North Indy Quarry)
for purposes of transporting sand and gravel from the Real Estate to the Carmel
Sand Plant. No such truck traffic nauling sand and gravel shall access the Real
Estate through I 06t11 Street or Gray Road.
(b) Martin Marietta will construct, at its expense, a dedicated northbound left turn
lane along Hazel Dell Parkway at the entrance to the Carmel Sand Plant. This
improvement will be subject to the review and approval of the Carmel
Engineering Department. This improvement shall be reviewed and amended to
accommodate differing traffic patterns if the processing equipment at the Carmel
Sand Plant is moved to an alternate location prior to commencement of mining on
the Real Estate. DOCS is authorized to waive this commitment for up to one
hundred eighty (180) days if Martin Marietta shows that such a waiver is
necessary because of any delays in movement ofthe plant site.
( c) Martin Marieita shall commence all roadway improvements specified herein
expeditiously once plans are approved and pursue completion of such work
diligently.
(d) Martin Marietta shall furnish a bond in form acceptable to the Director to assure
that any damage done to that portion of Hazel Dell Parkway by trucks or
equipment hauling material from the Real Estate is repaired to meet City roadway
standards.
(e) Martin Marietta will request approval from the Carmel City Council to vacate the
existing right-of-way associated with River Road, as located on the Mueller
Property South, once relocation of Blue Woods Creek is completed.
6. Compliance with Thoroughfare Plan .
Martin Marietta will dedicate or cause to be dedicated a forty-five-foot half right of-way
for East 106th Street (Secondary Arterial) pursuant to the Carmel Thoroughfare plan, following
approval of its request for a Special Use Permit for the Real Estate. Martin Marietta shall be
entitled to reserve driveway access in the right-of-way for accessing the Mueller North Property
as referenced in paragraph 2(f).
7. Street Cleaning
Martin Marietta shall work diligently to minimize spillage of materials on the streets and
shall be responsible for keeping the streets and street intersections used to haul material from the
Real Estate clear of all sand, gravel and stone. There shall be an initial ninety (90) day trial
4
INDY 1426191vl3
period commencing with its regular use of the streets for this project during which Martin
Marietta is authorized to clean ,the streets used for hauling materials from the Real Estate on its
schedule. If the results are satisfactory to the Director, he shall be entitled to authorize Martin
Marietta to continue to clean the streets on its schedule. The Director is authorized at any time,
however, to direct Martin Marietta to clean tbe streets daily and to clean any unusually large
spills of materials from the Real Estate immediately upon notice.
8. Buffers and Screening
(a) A buffer area of approximately 330 feet in width will be maintained along the
southern right-of-way of J 06th Street.' The relocated Blue Woods Creek will be
located in such buffer area. Martin Marietta shall construct a berm approximately
nineteen feet (19') in height adjacent to the southern right -of -way line in this area
as shown on the submittals. The berm shall be landscaped as provided in the
submittals and a six foot (6') high chain-link fence shall be built along such right-
of-way as shown on the submittals.
(b) A seeded berm along the western boundary of Hazel Dell Parkway approximately
fifteen (15) feet in height will be constructed and a six-foot (6') chain-link fence
wi II be installed as shown on the submittals.
(c) All landscaping will be completed consistent with the Conceptual Landscaping
Plan Map, a copy of which is on file in the Office of DOCS.
9. Environmental
(a) Sand and Gravel operations shall be conducted in conformance with the Federal
Clean Air Act and applicable statutes and regulations implemented by the Indiana
Department of Environmental Management.
(b) Martin Marietta shall maintain an approved Spill Prevention, Control, and
Countermea~ures (SPCC) Plan for this facility, a copy of which is on file with the
Carmel Fire Department, and in the Office of DOCS.
(c) Martin Marietta will maintain an approved Stormwater Management and Erosion
and Sediment Control Report for this facility, a copy of which is on file in the
Office of DOCS.
(d) Martin Marietta agrees to use the best available technology allowed by MSHA
and other applicable regulatory authorities for its back-up alarms. Initially,
Martin Marietta proposes to install strobe safety lights on all of its equipment
operating on the Real Estate to the extent pennitted by laws and regulations,
instead of back-up alarms, for operations after sundown and before sunrise.
These strobes shall be installed within sixty days of the grant of this permit unless
the Director requests that Martin Marietta defer the installation of such strobes to
give the Director additional time to determine whether there is a better available
technology. Thereafter, the Director shall be entitled once every two (2) years 10
advise Martin Marietta of the availability of newer, preferable technology and to
5
tNDY 1426192vl)
require that it be utilized if commercially available. Provided, however, that all
such safety measures shall confonn to then existing laws, rcgulations and safety
standards with regard to back up protection. Martin Marietta further agrees
voluntarily to apply this condition to its equipment at the Carmel Sand Plant.
10. Reclamation
(a) The BZA recognizes that there is a pending application by Martin Marietta that
could affect the reclamation of the Real Estate. The BZA considers it important,
however, that the Real Estate have a viable use if the other pending application
relating to the Real Estate is not approved. Therefore, attached hereto are
examples of potential uses on reclamation and Martin Marietta agrees, upon
request of the landowner, to reclaim the properly in such a manner as to be
suitablc for one type of the attached uses. The BZA further recognizes, however,
that the property is currently zoned S-l and that the zoning classification(s) and
uses in effect at the time of reclamation will have a substantial impact on how it
might then be used. The uses described herein are thus not endorsed by the BZA
or authorized by this Special Use pennit, but are intcnded to describe potential
uses of the property, subject to appropriate zoning and land use review in the
future.
(b) Unless an alternative reclamation plan is approved, Martin Marietta shall reclaim
the .Real Estate as an open space with (i) slopes no steeper than J to I and (ii)
domestic grass coverage of not less than 80% per square yard on all sidc slopes.
A minimum of six (6) inches of topsoil will be replaced in the areas to be
seeded/planted. A concurrent reclamation plan will be employed to the extent
possible.
(c) All reclamation shall comply generally with the reclamation guidelines adopted
by the Indiana Mineral Aggregates Association and will be completed consistent
with the Conceptual Reclamation Plan Map, a copy of which is on file in the
Office of DOCS.
. (d) Martin Marietta will provide a reclamation bond payable to the City in an
appropriate and reasonable amount that, in the Director's discretion, is sufficient
to assure, reclamation as described in the application for Special Use, This bond
will be kept in full force until Martin Marietta completes the reclamation of the
Real Estate, and shall be subject to amendment from time to time as deemed
necessary by the City to assure completion of the reclamation.
11. Binding Effect
These Commitments are binding on Martin Marietta as the current lessee and E. & H.
Mueller Development, LLC ("Mueller") as the current owner of the Real Estate, each subsequent
lessee and owner thereof, and each person acquiring an interest therein, until the expiration date
as determined pursuant to the above paragraph, unless modified or terminated by the BZA or its
successor pursuant to this paragraph. Except as provided in the above paragraph, these
6
INDY 1426192vll
Commitments may be modified or terminated only upon (a) petition by Martin Marietta or its
successor, and (b) approval by the BZA after notice and hearing pursuant to the BZA's Rules of
Procedure. Until they expire or are modified or terminated pursuant to this paragraph. these
Commitments shall be enforceable by the City of Carmel or the BZA by injunctive relief, denial
of building permits or approvals in respect of the Real Estate, or other appropriate administrative
or judicial remedy, provided that any such relief, denial, or other remedy is related to the Real
Estate and to some effects or harm from a breach or violation of these Commitments by Martin
Marietta or Mueller. In any proceedings to modify or terminate these Commitments, notice of
hearing shall be given to the owners of property as required by the Carmel Zoning Ordinance and
the BZA's Rules of Procedure. .
12. General.
(a) This approval is specific to the Martin Marietta proposal for the mining of sand
and gravel on the Mueller South parcel only, and in no way implies that the BZA
has reviewed, condoned, or approved any aspect of any other application for
mining, either limestone surface mining or limestone underground mining, by
Martin Marietta at that location.
(b) The denial of a future application to mine on the Real Estate shall not be deemed
a taking based em.any theory that the Real Estate has become unusable for any
purpose other than mining by virtue of the grant of this Special Use permit.
Martin Marietta retains the right to challenge the denial of any future application
on any other ground or theory, including a taking theory not based on the grant of
the permit herein, whether based on state or federal laws or constitutions, board
rules, local ordinances, or otherwise.
(c) Martin Marietta shall provide access to City employees and their representatives,
including consultants, at all reasonable times for purposes of monitoring
compliance with these COMMITMENTS and any other responsibilities derived
therefrom.
These COMMITMENTS may be enforced jointly or severally by the BZA and/or the
City of Carmel.
The undersigned hereby authorizes the City of Cannel Department of Community
Services to record this Statement of Commitments in the Office of the Recorder of Hamilton
County, lndiana, upon final approval of Docket No. 040400024 SUo
7
INDY 1426192v13
this
~ WITNESS WHEREOF, Martin Marietta has caused the execution of this instrument
;! _: day of Deeel"bG., 2004.
~~.~.
l MARTIN MARIETTA MATERIALS, INC.
By:
John .I
,:- /~-
President/General Manager
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 Viee President/General Manager of Martin Marietta Materials, Inc., who
acknowledged the execution of the foregoing instrument and who, having been duly sworn,
slated that any representations therein contained are true.
WITNESS my hand aJ1d Notarial Seal this ..z!'Y b day ofDcanlber, 2G04.P<'ilfl//4 f\ 'I '::'oC S
'~d4 o(>:{it~rj-<-<';'-
Signature
LiNDA L LAIo,J I~R..
Printed NOTARY PUBLIC
My Commission Expires:
Ii / I '5/ ::i.Db '1 County of Residence:
UNDA L'LANlEr<
NotARY PUBUC STATll OF JNDIJ\l\!"
HAMILTCN COUNTY
MY COMMlSSION EXP. NOV. !5,2IllJi).
i-IAr'llIL--TO,J
8
INDY 1426192v13
/
/
E. & H. MUELLER DEVELOPMENT,
LLC, an Indiana limited liability company
By: tu~~::J ~
Its: IN. I... ~lJ~ T'tN6'R,::r-R -T'~.Slol.nf
Printed Name and Title
STATE OF INDIANA )
) SS:
COUNTYOF /-IA,M,IL:foNj
Before me, a Notal)' Public in and for said County and State, personally appeared
IAIIl.13vte iVII/C/2 .-:r1?_, 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. A 0""':> ..--/~ "-
S"\' :rAN Urn- ~ I 'Z-oO.>- l (/ - )
WITNESS my hand and Notarial Seal this 3' day of Deeember, 200~
~;fj. ~
sM. A/VTRII\/]
County of Residence:
NOTARY PUB LTC
/-tAM IL-.Jt:>N
My Cornmi~sion Expires: ~'1
Printed
This instrwnent was prepared by and after recordation shall be returned to Zeff A. Weiss, Ice
Miller, Onc Amcrican Square, Box 82001, Indianapolis, Indiana, 46282-0200, Telephone (317)
236-2319.
9
INDY 1426192vl)
EXHmIT A
REAL ESTATE DESCRIPTION
Part of the Norlh Half of Section 9, Township 17 North, Range 4 East 01 the Second Principal
Meridian in Clay Township, Hamilton County, Indiana, described as lollows:
Commencing at the Northwest comer of Section 9, Township 17 Nonh, 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 Iina of said Section 9, a distance of
1,336.18 feet to the Northwest corner of the East Hall of the Northwest Quarter of said Section 9,
said corner being the PLACE OF BEGINNING 01 the within described real estate; thence South 00
degrees 11 minutes 12 seconds WeSI 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 01 1,336.Q1 feet to the West line of the East Half of said Section 9; thence Soulh 00
degrees 11 minutes 33 seconds West on the West line of seid East Half 156.75 feet; thence South
89 degrees 55 minutes 56 seconds Easl parallel with the North line of said Section 9, a distance
of 919.68 feel to the Westerly line 01 real eSlate oonveyed to the City of Canmel, Indiana, by a
documented titled .Certificatlon ofCle"'" recorded in the Office of the Recorderof Hamilton County,
Indiana, as Instrument Number 9709754848 (the lollowlng eight courses being on the Westerly line
of said real estate); 1.) thence North 08 degrees 36 minutes 31 seconds East 865.22 leet; 2.)
thence North 02 degrees 53 minutes 53 seconds East 201.00 leet; 3.) thence North 08 degrees
36 minutes 31 seconds East 660.61 feet; 4.) thence North 29 degrees 48 minutes 28 seconds West
55.59 feet; 5.) thence North 80 degrees 51 minutes 37 seconds West 303.34 faet; 6.) thence North
89 degrees 03 minutes to seconds West 148.00 feet, 7.) thenca North 60 degrees 14 minutes 56
seconds West 57.55Ieet; 8.) thence North 00 degrees 04 minutes 04 seconds East 16.50 feet 10
the North line of said Section 9. said point being 3,302.24 feet South 89 degrees 55 minutes 56
seconds East of the Southwest comer of said Section 9; thence North 89 degrees 55 minutes 56
seconds West on said North line 1, 966.06Ieet to the place of beginning. containing 96.921 acres,
more or less.
INDY 1426192v13
EXIDBIT B
MASTER LIST OF MAPS AND SUBMITTALS
. Area Map (Dated March 5, 2004)
. Zoning Map (Dated March 5, 2004)
. Mine Plan Map (Dated April 26, 2004)
. Reclamation Plan Map (Dated April 26, 2004)
. Landscaping Plan Map (Dated May 25,2004)
. Cross Section Map (Dated March 5, 2004)
. Groundwater Elevation Map (Dated February 10, 2003)
. Operation Time Line (Dated March 17, 2004)
. Property Value Study (Dated January 30, 2003)
. Erosion and Sediment Control Report (Dated June 2004)
. Sound Level Assessment (Dated September 2004)
. Groundwater and Surface Water
Monitoring Plan (Dated June 2004)
. Spill Prevention, Control and
Countermeasure Plan (SPCC) (Dated April I, 2003)
INDY 1426192v13
.
Cr
JAMES BRAlNARD, MAYOR
OClober 12, 2005
Board of Public Works and Safety
One Civic SqUllIc
ClIm1l'L IN 46032
!tE; Martin Marietta - Petition to Va.ate Right or Way
near Board Membe..:
Ms. Beth H. Henkel oflce Miller, representing Martin Marietta, E. S. H. Mueller Development, LLC and
Americllll AggregateS CalJlOration has requesred the Board provide a favorable deternUnation oftllc
rorementioned right of way vacation of River Road, extending South from 106111 Street. This is rhc
remalninll portiOll of River Road and it oxten~ south !'tom 106111 Street approximately 1,670.0 feet or 0.32
mile. to its termination. River Road is approxirlla"'ly 20 teet in width. is not properly improved and does
not serve as a part of the general road system. The Pctitioners have entered into certein commitments with
the City of Carmel Board of Zoning Appeals, In Special Use Application Docket No. 04040024-50 the
require limited access to this portion of River Road and that ore inconsistent for use as a public way.
Sincerely,
/J1.7?t~
Michael T. McBride, P.E.
City Engineer
MTMIrbh
Enclosures
S:\BPWOS'MARTlNMARlETT AROWV ACA T,ON
DaPARTMF.NT OF ENGh'lEElUNG
ONF. CMC SQUAll!, <:ARMF.!., IN 46032 OFFlCE 317.571.2441 FAX 317.571.2439
E'L\JL engineering@ci.carmeUn.us
..
\
PETITIONER'S AFFIDAVIT OF NOTICE
OF PUBLIC HEARING BEFORE THE
COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA
We, Beth H. Henkel and ZeIT A. Weiss. attorneys for Petitioner Martin Manetta
Materials. Inc. on behalf of Martin Marietta Materials. Inc. do hereby certify that notice of
public hearing before the CarmeVClay Board of Zoning Appeals considering Ordinance Number:
D-I782-05 were registered and mailed to the last known address of each of the adjacent
property owners:
OWNER'S NAME
ADDRESS
Please see Exhibit" A" Attached
And that said notices were mailed by certified, registered or first class mail on the 215t day of
October, 2005 being at least ten (10) days prior to tbe scheduled public hearing and that the
timely proof for said certified, registered or first class maiHng(s) are attached hereto.
STATE OF INDIANA )
)SS:
COUNTY OF MARION )
\
~l\l'~"""'~.~
I; !\li"Q,!t.",
..~........,.'fI'"
":0.:..,..... . ....., '1:
,@'.......~.\~,l.
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'9: \ "'"' \ ; ,. j
\~\ \ ~ ;i}f
"'~" w' "Q;, ,
~"'" . "
..::;. 1J.Y/iC$~~on expires:
";;~''':t>>'.",,'''\
Before me, a Notary Public, in and for said County and State, personally appeared
Beth H. Henkel, Attorney for Petitioner, who acknowledged the execution of the foregoing
Instrument on behalf of said corporation.
. ~.
I have set my hand and notary seal thisL day of Novernber, 2005.
~7'f.~
(signature). ... . _ - - . ~
. ~- CAROL A. COLSON -.
NOTARY PUBLIC SlAT& OF INDIANA
HENDRtCKSCO~
..r <;OMMISSION EXP. .17.~otary Public)
Printed
My County of Residence:
INDY 16304S4v I
Martin Marietta Materials, Inc.
1980 East 1 16th Street
Suite 200
P.O. Box 549
Carmel, IN 46032
E&H Mueller Development LLC
11173 Hazel Dell Parkway
Indianapolis, IN 46280
American Aggregates Corp.
4770 Duke Drive
Suite 200
Mason, Ohio 45040
INDY 1630454vl
EXHIBIT A
,-
Sponsors: Councilors Carter and Sharp
ORDINANCE D-1830-06
AN ORDINAN! '~Xl-r:::OUNCIL OF THE
CITY OF C, ,rHORIZING THE
ISSUANCE OF, D -I ~ 30 - DlP ,IDIANA TAXABLE
ECONOMIC t TIl'l" ,~ BONDS, SERIES
2006 B (GRJ G-rar1\e<'C'{ /. i PARTNERS, LLC
PROJECT), 1. iP I THE PROCEEDS
THEREOF TI (aml'O,1"'m"N MENT PARTNERS,
I .
LLC, AND nv ... _ ?PROVING OTHER
ACTIONS IN RESPECT THERETO '
WHEREAS, the City of Carmel, Indiana (the "City"), is a municipal corporation and
political subdivision of the State of Indiana and by virtue of I.C. 36-7-11.9 and I.C. 36-7-12
(collectively, the "Act"), is authorized and empowered to adopt this ordinance (this "Bond
Ordinance") and to carry out its provisions;
WHEREAS, Gramercy Development Partners, LLC (the "Borrower"), desires to finance
the design and construction of certain public improvements described in Exhibit A hereto which
are in or directly serving and benefiting the Gramercy Economic Development Area
(collectively, the "Projects");
WHEREAS, the Borrower will complete the Projects for use in connection with its mixed
use development in or directly serving and benefiting the Gramercy Allocation Area (the
"Facilities");
WHEREAS, the Borrower has advised the City of Carmel Economic Development
Commission (the "Commission") and the City that it proposes that the City issue its Taxable
Economic Development Revenue Bonds, Series 2006 B (Gramercy Development Partners, LLC
Project) in. an amount not to exceed Twenty Million Dollars ($20,000,000) (the "Bonds"), under
the Act and loan the proceeds of such Bonds to the Borrower for the purpose of financing the
Proj ects;
WHEREAS, the completion of the Projects results in the diversification of industry, the
creation of approximately six hundred six (606) jobs and the creation of business opportunities in
the City;
WHEREAS, pursuant to I.c. 9 36-7-12-24, the Commission published notice ofa public
hearing (the "Public Hearing") on the proposed issuance of the Bonds to finance the Projects;
WHEREAS, on the date specified in the notice of the Public Hearing, the Commission
held the Public Hearing on the Projects; and
WHEREAS, the Commission has performed all actions required of it by the Act
preliminary to the adoption of this Bond Ordinance and has approved and forwarded to the
Common Council the forms of: (1) a Loan Agreement between the City and the Borrower
(including a form of Note) (the "Loan Agreement"); (2) a Trust Indenture between the City a
trustee to be selected by the Clerk-Treasurer of the City (the "Trustee") (the "Indenture"); (3) the
Bonds; and (4) this Bond Ordinance (the Loan Agreement, the Indenture, the Bonds, and this
Bond Ordinance, collectively, the "Financing Agreements");
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA, THAT:
Section 1. Findings; Public Benefits. The Common Council hereby finds and
determines that the Projects involve the acquisition, construction and equipping of an
"economic development facility" as that phrase is used in the Act; that the Projects will
increase employment opportunities and increase diversification of economic development
in the City, will improve and promote the economic stability, development and welfare in
the City, will encourage and promote the expansion of industry, trade and commerce in
the City and the location of other new industries in the City; that the public benefits to be
accomplished by this Bond Ordinance, in tending to overcome insufficient employment
opportunities and insufficient diversification of industry, are greater than the cost of
public services (as that phrase is used in the Act) which will be required by the Project;
and, therefore, that the financing of the Projects by the issue of the Bonds under the Act:
(i) will be of benefit to the health and general welfare of the City; and (ii) complies with
the Act.
Section 2. Approval of Financing. The proposed financing of the Projects by
the issuance of the Bonds under the Act, in the form that such financing was approved by
the City of Carmel Economic Development Commission, is hereby approved.
Section 3. Authorization of the Bonds. The issuance of the Bonds, payable
solely from revenues and receipts derived from the Financing Agreements, is hereby
authorized.
Section 4. Terms of the Bonds. (a) The Bonds, in the aggregate principal
amount not to exceed Twenty Million Dollars ($20,000,000), shall (i) be executed at or
prior to the closing date by the manual or facsimile signatures of the Mayor and the
Clerk-Treasurer of the City; (ii) be dated as of the date of their delivery; (iii) mature on a
date not later than twenty (20) years after the first interest payment date on the Bonds;
(iv) bear interest at such rates as determined with the purchaser thereof (the "Purchaser");
(v) be issuable in such denominations as set forth in the Financing Agreements; (vi) be
issuable only in fully registered form; (vii) be subject to registration on the bond register
as provided in the Indenture; (viii) be payable in lawful money of the United States of
America; (ix) be payable at an office of the Trustee as provided in the Indenture; (x) be
subject to optional redemption prior to maturity and subject to redemption as otherwise
provided in the Financing Agreements; (xi) be issued in one or more series; and (xii)
contain such other terms and provisions as may be provided in the Financing
Agreements.
(b) The Bonds and the interest thereon do not and shall never constitute an
indebtedness of, or a charge against the general credit or taxing power of, the City, but
2
shall be special and limited obligations of the City, payable solely from revenues and
other amounts derived from the Financing Agreements. Forms of the Financing
Agreements are before this meeting and are by this reference incorporated in this Bond
Ordinance, and the Clerk-Treasurer of the City is hereby directed, in the name and on
behalf of the City, to insert them into the minutes of the Common Council and to keep
them on file.
Section 5. Sale of the Bonds. The Mayor and the Clerk-Treasurer of the City
are hereby authorized and directed, in the name and on behalf of the City, to sell the
Bonds to the Purchaser at such prices as are determined on the date of sale and approved
by the Mayor and the Clerk-Treasurer of the City.
Section 6. Execution and Deliverv of Financing Agreements. The Mayor and
the Clerk-Treasurer of the City are hereby authorized and directed, in the name and on
behalf of the City, to execute or endorse and deliver the Loan Agreement, the Note from
the Borrower to the City, the Indenture, and the Bonds, submitted to the Common
Council, which are hereby approved in all respects.
Section 7. Changes in Financing Agreements. The Mayor and the Clerk-
Treasurer of the City are hereby authorized, in the name and on behalf of the City,
without further approval of the Common Councilor the Commission, to approve such
changes in the Financing Agreements as may be permitted by Act, such approval to be
conclusively evidenced by their execution thereof.
Section 8. General. The Mayor and the Clerk-Treasurer of the City, and each
of them, are hereby authorized and directed, in the name and on behalf of the City, to
execute or endorse any and all agreements, documents and instruments, perform any and
all acts, approve any and all matters, and do any and all other things deemed by them, or
either of them, to be necessary or desirable in order to carry out and comply with the
intent, conditions and purposes of this Bond Ordinance (including the preambles hereto
and the documents mentioned herein), the Projects, the issuance and sale of the Bonds,
and the securing of the Bonds under the Financing Agreements, and any such execution,
endorsement, performance or doing of other things heretofore effected be, and hereby is,
ratified and approved.
Section 9. Binding Effect. The provisions of this Bond Ordinance and the
Financing Agreements shall constitute a binding contract between the City and the
holders of the Bonds, and after issuance of the Bonds this Bond Ordinance shall not be
repealed or amended in any respect which would adversely affect the rights of the holders
of the Bonds as long as the Bonds or interest thereon remains unpaid.
Section 10. Repeal. All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
Section 11. Effective Date. This Bond Ordinance shall be in full force and
effect immediately upon adoption and compliance with I.C. ~ 36-4-6-14.
3
Section 12. Copies of Financing Agreements on File. Two copies of the
Financing Agreements incorporated into this Bond Ordinance were duly filed in the
office of the Clerk-Treasurer of the City, and are available for public inspection in
accordance with I.C. S 36-1-5-4.
PASSED by the Common Council
f"r~ , 2006, by a vote of S
of the City of Cannel, this l \0 ~day of
ayes and ~ nays.
COMMON COUNpL FOR THE CITY OF CARMEL, INDIANA
(!? --~
Richard L. harp, P sident Pro Tempore
:~~
o Pf"OS e\~
Fredrick J. Glaser
ATTEST:
~
Diana L. Cordray, IAMC, Cler reasurer
Jl -n. rIk.}9-
Brian D. Mayo
D PPoSeD
Mark Rattennann
4
Presented by me to the Mayor of the City of Carmel this l~ ~ay of O~ , 2006, at 7: st)
~,M,
Diana L, Cordray, IAMC, Cl rk-Tre surer
Approved by me, Mayor of the City of Carmel, Indiana, this lle~ day of C5
2006,",1:SO~.M. ~I ?
,
~O
(
ATTEST:
~
Diana 1. Cordray, IAMC, C
the City of Carmel, Indiana
Prepared by: Bruce D, Donaldson
Barnes & Thornburg LLP
11 South Meridian Street
Indianapolis, IN 46204
5
EXHIBIT A
Eli!!ible Proiects to be Funded
The design and/or construction of the following in or directly serving and benefiting the
Gramercy Economic Development Area:
I. Demolition and earthwork.
2. Sanitary and storm sewers.
3. Underground detention.
4. Interior street improvements, including street surfaces, curbs, sidewalks and
paths, lighting, street signs, trees, and tree grates.
5. Exterior street improvements to 126th Street, East Auman Drive and Keystone
A venue.
6. Parks and plazas.
7. Public parking garage.
8. Water lines and hydrants.
9. Erosion control.
INDSOl BDD 879354v2
6