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HomeMy WebLinkAboutCommitments_Recorded2023033542 MODA $25.00 08/31/2023 @2:24:22PM 9 PGS Trini Beaver Hamilton County Recorder IN Recorded as Prese MARTIN MARIETTA MATERIALS, INC. MUELLER PROPERTY SOUTH SAND AND GRAVEL COMMITTMENT AMENDMENT APPLICATION DOCKET NO. PZ-2023-00090 CA MODIFICATION OF COMMITMENTS MADE IN RESPECT OF DOCKET NO. 04040024-SU CINSTR. NO. 200500006560 AS MODIFIED BY INSTR. NO. 200500054117) MODIFICATION OF COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH PETITION FOR SPECIAL USE AMENDMENT Martin Marietta Materials, Ine. ("Martin Marietta"), makes the following Modified Commitments concerning the use and development of that parcel of real estate located near the intersection of the southwest corner 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: Martin Marietta hereby agrees that the following sections of the Commitments set forth under Docket No. 04040024-SU are hereby modified as stated below: 1. Commitment 1(a) is hereby deleted and the following is substituted in its place: Martin Marietta shall be permitted to extract sand and gravel on Mueller South for a period of seven (7) years from the date of substantial exhaustion of materials upon Mueller North, which extraction occurs pursuant to Docket No. 05010021, as amended. 2. The clause “between the months of November through March (except as necessary to construct visual and noise barriers)” in Commitment 1(d) is hereby deleted. 3. Exhibit B in Commitment 2(e) is hereby supplemented with the maps and submittals listed on Exhibit B-1 attached hereto. To the extent of a conflict between a map or submittal listed on Exhibit B-1 and a map or submittal listed on Exhibit B, the map or submittal listed on Exhibit B-1 shall control. 4, Commitment 2(h) is hereby added: The 10° multi-use path specified along 106™ Street, as shown in the plans attached as Exhibit B-1, shall be substantially complete within 365 days of the cessation of mining. IMZ The above referenced commitments are 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. 04040024 SU, recorded February 2, 2005, in the office of the Recorder of Hamilton County, Indiana, as Instrument No. 200500006560, as modified by the Modification of Commitments Made In Respect of Docket No. 04040024 SU, recorded August 19, 2005, in the office of the Recorder of Hamilton County, Indiana, as Instrument No. 200500054117. 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. PZ-2023-00090 CA. IN WITNESS WHEREOF, Martin Marietta has caused the execution of this instrument this GH) day of otal 2023. MARTIN MARIETTA MATERIALS, INC. STATE OF INDIANA ) ) SS: COUNTY OF MARION ) Before me, a Notary Public in and for said County and State, personally appeared William J. Podrazik, the President, Central Division 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 th day of Ju ly 2023. Muley a | eae, Sf 2 Syssion 6, %, f i : i; = We u- 2039 '27, % ( fob fay. = ig? Any oy = Sigrfature . f / = is N Buc og: = _ a zi, Pea ag? = Qn. 2. % Dy Sem ci girs iie Aden/ oo by: 7 2 = ~ . Gq, Sten waetes Printed NOTARY PUBLIC “Cty iA TE OF we My Commission Expires: 3124} 23D County of Residence: ldamiltyn 4876-3469-3736. | E. & H. MUELLER DEVELOPMENT, LLC, an Indiana limited liability company nn By: Li) un eo Jape Signatur Its: \W Nour ia Aner Ata Ardnor ve ech | Printed Name and Title Aoore gexntha tv STATE OF INDIANA ) ) SS: COUNTY OF Hamilton ) Pruthorizedk Representatne Before me, a Notary Public in and fér said County and State, personally appeared wile. E. Turned, Jie , the Managing -Meniber, 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. WITNESS my hand and Notarial Seal this Ht ial day of Ju |. , 2023. JOAN E. GULKEY Qo we : Hert te t a MY COMMISSION EXPIRES: 2-19-2024 Signature MY COMMISSION NUMBER IS: 678630 _ ' MV COUNTY OF RESIDENCE (S: HAMILTON SOam i. leit eed Printed NOTARY PUBLIC My Commission Expires: id | i4/ dor County of Residence: Ua netton Co This instrument was prepared by and after recordation shall be returned to Timothy E. Ochs, Ice Miller, LLP, One American Square, Suite 2900, Indianapolis, Indiana, 46282-0200, Telephone (317) 236-5952. | affirm, under the penalties for perjury, that | have taken reasonable care to redact each Social Security number in this document, unless required by law. Timothy E. Ochs, Esq. EXHIBIT A Legal Description for Mueller South 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 foliows: 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 1,336.18 feet to the Northwest comer of the East Half of the Northwest Quarter of said Section 9, saic corner 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 sald 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 of 1,336.01 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 paralle! with the North line of said Section 9, a distance of 919.68 feat to the Westerly line of real estate conveyed to the City of Carmel, Indiana, by a documented titled "Certification of Clerk” recorded in the Office of the Recorder of Hamilton County, indiana, as Instrument Number 9709754648 (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 seconds West 55.59 feet; 5.) thence North 80 degrees 51 minutes 37 seconds West 303.34 feet; 6.) thence North 89 degrees 03 minutes 10 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 3,302.24 feet South 89 degrees 55 minutes 56 seconds East of the Southwest corner of sald Section 9; thence North 89 degrees 55 minutes 56 seconds West on said North line 1,966.06 feet to the place of beginning, containing 96.921 acres, more or less. 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