HomeMy WebLinkAboutProposed Commitments 2002
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Cross Reference: Deed dated , and recorded on
in the Office of the Recorder of Hamilton County, Indiana.
as Instrument No.
COMMITMENT FOR USE OF REAL ESTATE
INCIDENT TO SPECIAL. USE AND VARIANCE
The undersigned, Martin Marietta Materials, Inc. ("Martin Marietta") hereby makes the
following commitment to the Carmel Clay Board of Zoning Appeals ("Commitment") incident to
the grant of a Special Use and Variance from Development Standards for the Undersigned's
proposed operations (the "Operations") to be located on ~eal estate located in Hamilton County,
Indiana and described on the attached Exhibit A which is incorporated herein, which real estate is
referred to as the "Mueller Property."
1. General Operations Restrictions. All surface mining on the Mueller Property shall
be subject to the following restrictions:
(a) All overburden removal on the Mueller Property north of l06tb Street shall
be completed during daylight hours (between one halfhour after sunrise and one halfhour
before sunset), during the months of November through March, and only on days other than
Saturday or Sunday. Martin Marietta shall also cause any operations under its control to be
undertaken and conducted in a manner so as to minimi7.e noise, dust, light or smoke impact
on surrounding properties.
(b) From the overburden removed during sand and gravel extraction, Martin
Marietta shall construct an earthen landscape berm six (6) feet in height on the north side of
I06tb Street on the Mueller Property (except the wooded portion of the Mueller Property
located directly south of the existing park at the northwest comer of Gray Road and l06th
Street).
(c) No surface operations will be undertaken on the wooded portion of the
Mueller Property north of l06tb Street located djrectly south of the existing park at the
northwest comer of Gray Road and l06tb Street.
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(d) All trucks entering public streets from operations conducted by Martin
Marietta in Clay Township north of 96th Street shall have covered beds.
(e) Martin Marietta shall be responsible for all environmental matters arising
from its operations and shall indemnify and hold harmless the adjacent landowners in the
. Kingswood Subdivision with respect to any losses, claims or costs arising therefrom.
(f) Sand and gravel shall be extracted only through the use of a floating dredge.
Such extraction will be done in the sequence depicted in the Mining and Reclamation Plan
submitted by Martin Marietta in connection with its Special Use application.
2. Processing: Plant. If Martin Marietta is permitted to commence sand ~d gravel
extraction on the Mueller property by June 1, 2002 and is not precluded from continuing such
extraction, Martin Marietta shall, subject to approval by the Carmel Clay Board of Zoning Appeals
. and the Indiana Department of Natural Resources, move the processing plant located north of 106th
Street west of Hazel Dell Parkway and adjacent to the Kingswood Subdivision to a new location just
east of Hazel Dell Parkway and north of 106th Street. Such new location will be further from any
home in the Kingswood Subdivision than at present. Subj ect to obtaining the required governmental
approvals, Martin Marietta will start the plant relocation no later than January 31, 2004 with
completion of such move to occur no later than March 31, 2004. Martin Marietta shall terminate all
processing operations at the current site of the processing plant as soon as the relocation of the plant
is completed. Martin Marietta shall install and maintain noise abatement features at the relocated
plant which are no less effective than those now utilized, including the use of on-site berms and
aggregate piles as buffers, and the use of strobe light signals at night instead of audible signals, for
all equipment as permitted by applicable legal requirements. The existing tree buffer on Hazel Dell
Parkway shall be maintained and shall not be disturbed. Subject to obtaining any required permits
and approvals from applicable governmental authorities, Martin Marietta shall recycle waste water
from the relocated processing plant from the east side of Hazel Dell Parkway to the lake(s) on the
Mueller Property and Martin Marietta property west of Hazel Dell Parkway and north of I 06th Street.
3. Reclamation.
(a) Martin Marietta shall reclaim the Mueller Property north of 106tb Street
(except the wooded portion of the Mueller Property north of I06tb Street located directly
south of the existing park at the northwest comer of Gray Road and I06tb Street) and the
Martin Marietta property between 106tb and 116th Streets abutting the Kingswood
Subdivision and west of Hazel Dell Parkway as a lake with (i) slopes no steeper than 3 to I,
(ll) a waterline not less than 150 feet from the nearest property line in the Kingswood
Subdivision, assuming that the normal pool elevation, subject to seasonal variations, is 722
above mean sea level, and (ill) domestic grass coverage of not less than eighty percent per
square yard. Martin Marietta will submit a reclamation plan to the City's consultant for
approval. Reclamation will begin on the northern portion of the Mueller property and move
in a southerly direction.
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(b) All reclamation shall comply generally with the reclamation guidelines
adopted by the Indiana MineraI Aggregates Associatio~ a current copy of which shall be
provided to the Director annually.
(c) Upon completion of the sand and gravel extraction, Martin Marietta will
undertake no actions to drain the lake created, nor to reduce the water level below 722 above
mean sea level, subject to seasonal variations and natural fluctuations.
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(a) Subject to approval of the court overseeing the Helen M. Mueller
Conservatorship and the co-conservators thereof (the ''Mueller Owners''), M~ Marietta
shall cause the Mueller Owners to sell, at fair market value, to such adj acent landowners as
elect to purchase it, good and marketable title to the 150 foot wide portion of the Mueller
Property located adjacent to and lying between the adjacent owner's lot in Kingswood
Subdivision and the lake to be created. In the event any adjacent owner elects not to
purchase such land, the next adjacent landowners on either side shall be offered such land.
Ifboth elect to acquire it, it shall be split between them. Ifneither elects to acquire it, it shall
be maintained by Martin Marietta and/or the Mueller Owners or their successors or assigns.
The conveyance to adjacent landowners shall be made no later than the time all sand and
gravel dredge operations on the Mueller Property North of I06th Street are completed. The
conveyance shall be free of any liens, easements, encumbrances or other restrictions created
by Martin Marietta. The property so conveyed shall be subject to all applicable use and
developmental restrictions and all covenants contained on the plat of the Kingswood
Subdivision and Martin Marietta shall use reasonable efforts to encourage the amendment
of the Kingswood Subdivision plat to include the conveyed property.
(b) Subject to approval of the court overseeing the Helen M. Mueller
Conservatorship and Mueller Owners, Martin Marietta shall cause to be conveyed to
Hamilton County or the City of Carmel, as the case may be, a forty-five foot half right of
way along the northern edge of 106th Street measured from the existing center line of l06th
Street.
A copy of the Commitment shall be delivered by Martin Marietta to the Department of
Community Services of the City of Carmel after it is recorded by the Recorder of Hamilton County.
This Commitment may not be partially or completely terminated or modified at any time
except by the Carmel Clay Board of Zoning Appeals after notice and hearing. However, until
modified or temrinated, this Commitment shall be enforceable by the City of Carmel or its Board
of Zoning Appeals by injunctive relief, denial of building permits or approval or other appropriate
administrative or judicial remedy. ,In such proceedings to modify or terminate the Commitment,
notice of hearing shall be given to the owners of property as required by the Zoning Ordinance of
the City of Carmel and Clay Township, Hamilton County, Indiana
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MARTIN MARIETTA MATERIALS, INC.
By:
(signature)
(printed name)
Its:
(title)
Date:
State of
, County of
.SS:
Executed and acknowledged before me, a Notary Public in and for said County and State this
_ day of . 2002.
. Notary Public
Mr Commission Expires:
Resident of
County,
THEHELENM. MUELLERCONSERV ATORSIDP
By:
( signature)
(printed name)
Its:
(title)
Date:
, County of
, SS:
State of
Executed and acknowledged before me, a Notary Public in and for said County and State this
_ day of , 2001.
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. Notary Public
County,
Mr. Commission Expires:
Resident of
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APPROVAL OF COMMITMENT BY
CARMEL CLAY BOARD OF ZONING APPEALS
The foregoing Commitment is hereby approved by the Carmel Clay Board of Zoning
Appeals this _ day of , 2002.
CARMEL CLAY BOARD OF ZONING APPEALS
By:
(signature)
(printed name)
Its:
(title).
ATTEST:
By:
( signature)
(printed name)
Its:
(title)
State of Indiana, County of Hamilton, SS:
Executed and acknowledged before me, a Notary Public in and for said County and State this
_ day of , 2002.
. Notary Public
Mr Commission Expires:
Resident of Hamilton County, Indiana
This instrument prepared by Thomas H. Engle, attorney-at-law,
11. S. Meridian Street, Indianapolis, Indiana 46204
INDSOl THE 500732v3
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EXHIBIT A
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 comer 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 of3302.24
feet to the Westerly line of real estate conveyed to the City of Cannel, 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 comer of the North Half of said Southwest Quarter; thence North 89 degrees 55 minutes
56 seconds West on said line 1718.86 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 comer 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 1521.03 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 comer being 1146.65 feet East of the Northwest comer 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 comer of said real estate, said comer 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 comer 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 1145.58 feet, per the aforesaid deed,
(1144.55 feet, by measurement) to the aforesaid point on the West line of said Southwest Quarter,
said point being also the Southwesterly comer of real estate conveyed to the City of Cannel , 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 orless.
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