HomeMy WebLinkAboutCommitments - Recorded
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Indiana District Office
1980 East 11 6th Street
Suite 200
Carmel, IN 46032
Telephone (317) 573-4460
Fax (317) 573-5975
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October 3, 2005
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Mr. Michael Hollibaugh
Director, Department of Community Services
City of Carmel, City Hall
One Civic Square
Carmel, Indiana 46032
RE: Martin Marietta Materials, Inc. - Mueller Property North - 05010021SU
Statement of Commitments
Dear Mr. Hollibaugh:
Martin Marietta Materials, Inc.'s (Martin Marietta) Special Use Application - Docket 05010021SU
Mueller Property North Sand and Gravel Operation was approved on May 23, 2005 by the Carmel
Advisory Board of Zoning Appeals. Enclosed please find a file-stamped copy of the executed
Statement of Commitments as filed for record - 200500040447 in Hamilton County, Indiana on June
30, 2005 and received from the Hamilton County Recorder on September 30, 2005.
If you require additional information feel free to contact me at 317-573-4460.
Sincerely,
Dan Hoskins
Enclosure
cc: John Tiberi (wlo enc.)
Y. Bailey (wlo enc.)
W. Phears (wlo enc.)
Z. Weiss (wlo enc.)
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MARTIN MARIETTA MATERIALS. INC. / .:r \\ECENED ~"
MUELLER PROPERTY NORTH i2! . <;} .n~ \:~\
SAND AND GRAVEL SPECIAL USE APPLICATION \~.~\ ~C1 ..~~. }:..-:!
Docket No. 05010021SU \~ ..'Or:;)C~~. ,-:y!
STATEMENT OF COMMITMENTS ~<;);e.' --...,.' ((0,/"
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COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL
ESTATE MADE IN CONNECTION WITH PETITION FOR SPECIAL USE PERMIT
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Martin Marietta Materials, Inc. ("Martin Marietta") makes the following COMMITMENTS
concerning the use and development of that parcel of real estate located near the northwest
comer of the intersection of 106th Street and Hazel Dell Parkway, in the City of Carmel,
Hamilton County, Indi~na., which is more particularly described on Exhibit A attached hereto
and incorporated herein by this reference (the "Real Estate"). 2005000""0""""7
Filed for Record in
Statement of COMMITMENTS: HAMILTON COUNTY, INDIANA
JENNIFER J HAYDEN
06-30-2005 At 02:52 PM.
1. General Operational Commitments MIse 31.00
(a) Martin Marietta will develop a sand and gravel operation on the Real Estate to
commence in 2005 and continue for approximately 8 to 14 years, depending on
market conditions. Provided, however, that this permit shall expire 18 years from
the commencement of sand and gravel extraction; Martin Marietta shall notify
the Director (the "Director") of the Department of Community Services
("DOCS") of the City of Carmel (the "City") within seven (7) days of such
commencement. Within ten (10) business days following the approval of Docket
No. 05010021 SU by the BZA, Martin Marietta shall petition the BZA, and
otherwise take all action reasonably within its control to have the time limits on
the Mueller South Special Use permit for the completion of mining modified. If
granted an extension by the Board of Zoning Appeals of the time to complete
mining on the property commonly known as Mueller South, located on the south
side of East 106th Street west of Hazel Dell Parkway, Carmel, Indiana ("Mueller
Suuth"), Martin Marietta agrees to commence mining activities upon the Mueller
North Real Estate in 2005 and to mine substantially all of its requirements for
sand and gravel from Mueller North or the area on which the Carmel Sand Plant
is located beginning in 2006 and until reserves are exhausted on the Real Estate
and the Carmel Sand Plant area. Subject to the Carmel/Clay Board of Zoning
Appeals ("BZA") extension of time to mine Mueller South, Martin Marietta shall
not commence extraction on Mueller South until the sand and gravel reserves on
the Real Estate and Carmel Sand Plant property are exhausted. Provided,
however, Martin Marietta reserves the right to continue to mine Mueller South in
2005, and as necessary to maintain the validity of its permits, or in the event of an
equipment breakdown or other occurrence that interrupts the supply of feed
material or the processing or storage of such material.
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(b) The hours of operation for the extraction of sand and gravel will be 6:00 a.m. to
9:00 p.m., Monday through Friday, and from 8:00 a.m. to 2:00 p.m. on Saturdays,
except that the weighing and load out of materials for shipment shall be further
limited to the hours of 6:30 a.m. to 6:30 p.m. Monday through Friday and from
8:00 a.m. to 2:00 p.m. Saturdays. No operations are permitted on Sunday or
holidays.
(c) Extraction operations may be conducted outside these hours only (i) to supply
materials for inclusion in a public (state, federal or municipal) project; (ii) to
respond to an emergency involving a matter of public interest that requires the
immediate use of Martin Marietta's materials, such as by way of illustration,
flooding or emergency road or structural repair; 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 project as
identified in sections (i) or (iii) above shall not exceed thirty (30) days in 2006,
and fifteen (15) calendar days in any successive calendar year. Provided,
however, that days not used in any calendar year may be carried forward and
aggregated with any successive year, up to a maximum of seventy-five (75) days
that can be aggregated and used as exceptions to the hours of operations in any
one calendar year. Except in the case of emergencies, DOCS shall be advised of
all operations outside of the stated hours at least 48 hours in advance of the work.
(d) Overburden removal shall be completed during the hours of 7:00 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.
(e) Martin Marietta's acceptance of the hours of operation set forth above is based on
the specific nature of the particular activities and site regulated by such hours and
shall not be deemed to establish a precedent or suggest that such hours are
reasonable for any other operations or any other site.
(f) No blasting shall occur on the Real Estate unless otherwise approved by the BZA
under a future petition.
(g) Within ten (10) business days following the approval of Docket No. 05010021 SU
by the BZA, Martin Marietta shall petition the BZA, and otherwise take all action
reasonably within its control, to cause a remand of Docket No. UV -2302, which
was decided by the BZA on May 28, 2002, and which is the subject of an appeal
by Martin Marietta pursuant to a cause now pending before the Hamilton Superior
Court No.2 in Cause No. 29D02 0206 PL 510 styled as Martin Marietta
Materials, Inc. v. Carmel/Clay Board of Zoning Appeals, et al so as to bring back
to the BZA for reconsideration its petition to relocate its Carmel Sand Plant to a
site on the east side of Hazel Dell Parkway. If, for any reason the appeal is not
remanded to the BZA for reconsideration, Martin Marietta agrees to submit a new
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application to the Board for the relocation of the plant to the east side of Hazel
Dell Parkway on no less than the same commitments made by it in the 2002
application and thereafter to use its best efforts to obtain the approval of such
relocation. Martin Marietta agrees not to extract sand or gravel from Mueller
North until such time as the BZA has 'duly considered either the remanded
application or a new application and made their decision. This condition shall not
prevent Martin Marietta from commencing site work on Mueller North. Martin
Marietta further agrees that if said Docket No. UV -2302 is remanded and
approved by the BZA, Martin Marietta shall relocate such plant during the winter
of 2005-06 pursuant to the site plan and any related commitments so approved by
the BZA. Further, upon the relocation of such Carmel Sand Plant, and subject to
obtaining all necessary permits in respect thereof, Martin Marietta agrees to make
reasonable efforts to relocate the stockpiles of its materials adjacent to the
relocated Carmel'sand Plant so as tQ attenuate sound from the relocated
processing and sales operations related thereto. Upon approval of the relocation
of the Carmel Sand Plant, Martin Marietta shall be relieved from its obligation
under the approval of Docket No. 04040024-SU to provide a northbound left turn
lane into the existing Carmel Sand Plant entrance along Hazel Dell Parkway.
(h) Martin Marietta agrees that, so long as it has available, permitted and mineable
reserves on its Mueller North or Mueller South sites; it will not import sand and
gravel materials from sites other than (a) its sites commonly referred to as North
Indianapolis, 96th Street or Carmel Sand for processing at the Carmel Sand Plant;
and (b) its Kokomo plant for masonry sand. Provided, however, that this shall not
prevent the occasional importation of material from other sites on an infrequent
basis not to exceed ten (10) days in any given month and no more than sixty (60)
days in total for any calendar year. Further, Martin Marietta shall be allowed to
import material on an emergency basis due to an interruption in the supply of
material from its existing Carmel sites, such as by way of a dredge, pump, or
other malfunction or breakdown. This limitation shall expire when Martin
Marietta no longer has available, permitted and mineable reserves on its Mueller
North and Mueller South sites.
2. Reports and Permits
(a) Prior to commencement of any work on the Real Estate, Martin Marietta shall
provide copies of approvals and permits from every governmental agency having
jurisdiction over the Real Estate and/or activities of Martin Marietta at such site,
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. 05010021 SU, Martin Marietta shall submit an
annual report, on or before March 1 of each year, indicating 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. Martin Marietta shall be entitled to submit a single,
combined report for its Mueller North and Mueller South sites.
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(c) The maps, submittals, and undertakings in the TAC 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.
(d) Martin Marietta shall use the existing Carmel Sand Plant entrances on Hazel Dell
Parkway for haul trucks and other heavy equipment accessing the Real Estate
(except as it may be necessary to access the Real Estate from 106th Street for
berm construction). No new entrances are proposed in the Special Use
application or allowed by the Special Use approval. Provided, however, the
Director is authorized to allow an additional entrance on 106th Street if Martin
Marietta proposes to use it for purposes of crossing 106th Street to access the
Mueller South property. The Director is authorized to apply such conditions to
any approval as he deems reasonable.
(e) The berm specified along the perimeter of the property as identified on the site
mine plan shall be substantially complete within one hundred eighty (180) 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 agrees to modify the existing water quality monitoring plan adopted in
connection with the approval of sand and gravel mining on Mueller South to, among other
things, relocate actual or proposed monitoring wells to sites specified by the Utilities
Department. Further, Martin Marietta will cooperate with the City Utilities Department (the
"Department") in the development of a water quality monitoring program acceptable to the
Department. Martin Marietta's proposal in that regard is contained in the document titled
"Groundwater and Surface Water Monitoring Plan for the Mueller Property North Sand and
Gravel Operation Carmel, Indiana," dated May, 2005, and previously submitted to the
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Department. Martin Marietta agrees to pay for the monitoring and activities proposed to be done
by Martin Marietta in the said May, 2005 report. 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. Further, Martin Marietta shall grant the City access to the
monitoring points, flow meters, and related areas at all reasonable times, subject to compliance
with MSHA regulations. The City shall also have access to monitoring locations on an as
needed basis for emergency purposes. Additionally, Martin Marietta will notify the City Utilities
Department as to the date of the annual training as prescribed by the Spill Prevention, Control,
and Countermeasure Plan dated April 2003 such that a Utilities representative can attend and/or
participate in the training.
5. Compliance with Thoroughfare Plan
Martin Marietta will dedicate or cause to he dedicated a forty-five foot half right-of-way
for the north side of 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 a corridor in the right-of-way for accessing the Mueller
South Property as referenced in paragraph 2( d) above.
6. Buffers and Screening
(a) A buffer area of approximately 300 feet in width will be maintained along the
northern and western permit boundaries adjacent to Carmelot Park and the
Kingswood neighborhood. Martin Marietta shall construct a temporary berm
approximately 11' to 15' in height. The berm shall be landscaped as provided in
the submittals and, adjacent to the property line adjoining the Kingswood
neighborhood, a six-foot (6') high black chain-link fence shall be built just north
of the berm as shown on the submittals. Additionally, the twenty-five foot (25')
wide tree planting area along the northern and western permit boundaries will be
installed prior to the overburden removal.
(b) A seeded berm along the northern boundary of 106th Street approximately 6' to 10'
in height will be constructed.
(c) All landscaping will be completed and maintained consistent with the
Landscaping Plan Map, a copy of which is on file in the Office of DOCS, except
as modified in (a) above.
7. 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
Countermeasures (SPCC) Plan for this facility, a copy of which is on file with the
Carmel Fire Department, Carmel Utilities and in the Office of DOCS.
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(c) Martin Marietta will maintain an approved Storm water 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 on the Mueller
North property and further agrees voluntarily to apply this condition to its Carmel
Sand plant. Initially, Martin Marietta proposes to install strobe safety lights on all
of its equipment operating on the Real Estate to the extent permitted by laws and
regulations, to be used for operations after sundown and before sunrise in place of
back-up alarms. These strobes shall be installed within sixty (60) 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, to advise Martin Marietta of the availability of
newer, preferable technology and to require that it be utilized if commercially
available. Provided, however, that all such safety measures shall conform to all
laws and regulations and safety standards then extant with regard to back up
protections.
8. Reclamation
(a) Unless an alternative reclamation plan is approved, Martin Marietta shall reclaim
the Real Estate as a Lake with (i) slopes no steeper than 3 to I and (ii) domestic
grass coverage of not less than 80% per square yard on all side slopes. A
concurrent reclamation plan will be employed to the extent possible.
(b) All reclamation shall comply generally with the reclamation guidelines adopted
by the Indiana Mineral Aggregates Association and will be completed consistent
with the Reclamation Plan Map, a copy of which is on file in the Office of DOCS. '
(c) 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.
(d) Martin Marietta and the owners of the Real Estate agree that none of the Real
Estate between the mined area (reclaimed as a lake) and (a) any adjacent
Kingswood property; (b) Carmelot Park; and (c) 106th Stree,t ("buffer area") shall
be used for any use other than open space, conservation or reclamation. Such
buffer area shall be perpetually preserved as natural undeveloped open space to:
(i) protect such property's natural and watershed values, (ii) protect and retain
quality habitat for native plants and animals and (iii) maintain and enhance the
natural features of the property. Any uses which interfere with or which are
inconsistent with such natural undeveloped open space use (e.g., commercial or
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residential development) are expressly prohibited and no structures will be placed
in the buffer area. The foregoing provisions of this Section 8( d) shall also be
contained in any deed conveying an interest in the Real Estate as a deed
restriction.
9. 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, unless modified or
terminated by the BZA or its successor pursuant to this paragraph. These 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.
10. General.
(a) In all matters where a representative of the City is given discretion to order
studies or take action, such representative shall do so reasonably and shall not
require the doing of any act or the expenditure of money for arbitrary or
capnclous reasons.
(b) This approval is specific to the Martin Marietta proposal for the mining of sand
and gravel on the Mueller North parcel only, and in no way implies that the BZA
has reviewed, condoned, or approved any aspect of any other application for
mining at that location.
(c) The denial of a future application to mine on the Real Emate shall not be deemed
a taking based on 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 its 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.
(d) Martin Marietta shall provide access to City employees and its consultants, at all
reasonable times, for purposes of monitoring compliance with these
COMMITMENTS and any other responsibilities derived there from.
These COMMITMENTS shall be binding on Martin Marietta and other persons acquiring
an interest in the Real Estate. These COMMITMENTS may be modified or terminated by a
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decision of the CarmeVClay Advisory Board of Zoning Appeals made at a public hearing after
proper notice is given.
COMMITMENTS contained in this instrument shall be effective upon the adoption of
Approval Docket No. 05010021 SU by the Carmel/Clay Advisory Board of Zoning Appeals and
shall continue in effect for as long as the above-described parcel of Real Estate remains the
subject of the Special Use Permit issued in said Approval Docket No. 05010021 SU or until such
other time as may be specified herein.
These COMMITMENTS may be enforced jointly or severally by the Carmel/Clay
Advisory Board of Zoning Appeals and/or the City of Carmel Department of Community
Services.
The undersigned hereby authorizes the City of Carmel Department of Community
Services to record this Statement of Commitments in the Office of the Recorder of Hamilton
County, Indiana, upon final approval of Docket No. 05010021 SUo
-?~WITNESS WHEREOF, Martin Marietta has caused the execution of this instrument
n day of~, 2005.
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r MARTIN MARIETTA MATERIALS, INC.
this
By:
John J.
Regio
Mi
e tlGeneral Manager
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STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said CountY and State, personally appeared John J.
Tiberi, the Regional Vice President/General Manager, MidAmerica Region, 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 30 lie day of June, 2005.
~d~ of ~~
Signa ure
L //If DA
L L4NIEIC
NOTARY PUBLIC
Printed
My Commission Expires: 11/;5/:<OtJq
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County of Residence:
LINDA L LANIER
HorARY PUBUC STATE OF INDIANA
HAMILTON COUNlY
MY COMMISSION EXP. NOV. 15,2000
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E. & H. MUELLER DEVELOPMENT,
LLC, an Indiana limited liability company
By: Iudiu'1~:t:.Lt ~_
SIgn ure
Its: ?tr4;.~
Printed Name and Title
STATE OF INDIANA )
. ) SS:
COUNTY OF HAA1IJ;:f7:>/'J )
Before~7. a Notary Public in and for said County and State, personally appeared
\IV I L. p,,()~ \ ,/VF;"R \ :rR.,. 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. (~ ')
.' . ,WJ]1%SSmy harid and Notarial Seal this Z' S~ay 0~'~~005.
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This instrument was prepared by and after recordation should be returned to Zeff A. Weiss,
Ice Miller, One American Square, Box 82001, Indianapolis, Indiana, 46282-0200, Telephone
(317) 236-2319.
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EXHIBIT A
REAL ESTATE DESCRIPTION
legal DescrlDtion
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 01 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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EXHIBIT B
MASTER LIST OF MAPS AND SUBMITTALS
. Area Map (Dated January 28,2005)
. Zoning Map (Dated January 28, 2005)
. Mine Plan Map (Dated February 25,2005)
. Reclamation Plan Map (Dated January 28, 2005)
. Landscaping Plan Map (Dated May 5, 2005)
. Cross Section Map (Dated May 5, 2005)
. Erosion and Sediment Control Report (Dated January 2005)
. Sound Level Assessment (Dated January 2005)
. Groundwater and Surface Water
Monitoring Plan (Dated April 2005)
. Spill Prevention, Control and
Countermeasure Plan (SPCC) (Dated May 2005)
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