HomeMy WebLinkAboutCommitments - 3 different Draft copies
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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 real 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 North of 106th Street."
1. General Operations Restrictions. All surface mining on the Mueller Property North
of 106th Street shall be subject to the following restrictions:
(a) Martin Marietta shall move the existing processing plant located north of
106th Street on the west side 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,
subject to approval by the Carmel Clay Board of Zoning Appeals and the Indiana
Department of Natural Resources. Such new location will be further from any home in the
Kingswood Subdivision than at present and will have less of a noise impact on the
Kingswood Subdivision. Martin Marietta will start the plant relocation no later than January
2003 with completion of such move to occur no later than March 2003. Martin Marietta will
terminate all processing operations at the current site of the processing plant as soon as the
relocation of the plant is completed rand will not open pit mine limestone from such
former location of the processing plantl. Martin Marietta will 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 will be maintained and shall
not be disturbed.
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(b) Martin Marietta shall conduct no activity other than sand and gravel dredge
mining and underground mining as described herein on the Mueller Property North of I06th
Street. All surface mining on Martin Marietta property between 106th and 116th Streets and
on the Mueller Property North of I06th Street shall be for sand and gravel operations only
and shall be conducted by floating dredge. All overburden removal on Martin Marietta
property between I06th and I 16th Streets and on the Mueller Property North of 106th Street
shall be completed during daylight hours, 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 minimize
noise, dust, light or smoke impact on surrounding properties.
(c) Martin Marietta, its successors and assigns, shall not permit any structures,
such as asphalt plants, ready-:mix concrete plants or mineral processing plants, other than
dredging operations, to be constructed on the surface ofthe Mueller Property North of 106th
Street and shall not permit any operations other than mineral extraction as provided herein.
(d) No surface operations will be undertaken on the wooded portion of the
Mueller Property North of 106th Street located directly south of the existing park at the
northwest comer of Gray Road and 106th Street.
(e) No underground mining on Martin Marietta property between I 06th and 116th
Streets and on the Mueller Property North of 106th Street shall be conducted by Martin
Marietta closer than 500 feet from any primary residential structure in the Kingswood
Subdivision as it now exists and no underground mining north of 106th Street shall
commence prior to 2025.
(f) All trucks entering or exiting public streets from operations conducted by
Martin Marietta north of 96th Street shall have covered beds by November 2001.
2. Blasting. All blasting operations shall be subject to the following restrictions:
(a) The average blast readings for any calendar year shall not exceed the average
readings for calendar year 1999 which were 11 OdB and .1 Oin/sec. Separate averages will be
maintained by Martin Marietta for underground and surface blasting. A blasting report with
averages shall be provided to the Director ofthe City of Carmel Department of Community
Services ("Director") by Martin Marietta in January of each year for the preceding calendar
year.
(b) All ground vibrations from blasting conducted by Martin Marietta shall be
held at 0.5 in/sec or below and the maximum airblast from such blasting shall be no greater
than 125 dB, all as measured at a monitoring station in the Kingswood Subdivision. The
monitoring station shall be located on the portion of the Meuller Property North of 106th
Street which is {to be COft.;cycd to Michael and J8fict Thyen at 5083 St. Charles Place}
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fadjacentto or at the end of Westchester Streetl and shall be continuously maintained by
Martin Marietta while blasting operations are being conducted. Data from the monitoring
station will be made available by Martin Marietta to be audited by the Director or his
representative during regular business hours.
(c) If Martin Marietta adopts more stringent operating standards at. any
geologically comparable location in the United States than those set forth in subparagraphs
( a) and (b), above, such more stringent standards shall become the effective standards under
this Commitment. As part of its annual report to the Director, Martin Marietta shall either:
i) certify that no such more stringent operating standards have been adopted; or ii) provide
a copy of such more stringent standards to the Director.
(d) All blasting on the Mueller Property will be conducted between the hours of
10:00 a~m. and 5:00 p.m., Monday through Friday except as required to comply with
applicable governmental requirements.
3. Reclamation.
(a) Martin Marietta shall reclaim the Mueller Property North of 106th Street
(except the wooded portion of the Mueller Property North of 106th Street located directly
south of the existing park at the northwest comer of Gray Road and 106th Street) and the
Martin Marietta property between 106th and 116th Streets abutting the Kingswood
Subdivision and west of Hazel Dell Parkway as a lake with (i) slopes no steeper than 3 to 1,
(ii) a waterline not less than 150 feet from the nearest property line in the Kingswood
Subdivision and (iii) domestic grass coverage of not less than eighty percent per square yard.
(b) Subject to approval of the court overseeing the Helen M. Mueller
Conservatorship, Martin Marietta shall convey {tt) the adjacent hmdovv"llcr} f. either to the
City of Carmel. the Kingswood Homeowners Association or the adjacent landowners.
at the discretion of Martin Marietta.l good and marketable title to the 150 foot wide
portion of the Mueller Property North of 106th Street and the Martin Marietta property
between 106th and 116th Streets and west of Hazel Dell Parkway where it abuts the
Kingswood Subdivision, located adjacent to {the OYv1lcr'g property} and lying between
{OWftCf'g property} fthe Kingswood Subdivisionl and the lake to be created. The
conveyance shall be made no later than the time all sand and gravel dredge operations on the
Mueller Property North of 106th Street are completed. The conveyance shall be free of any
liens, easements, encumbrances or other restrictions created by Martin Marietta and shall be
at a cost to landowner not to exceed $100.00. {The} fIf conveyed to landowners in the
Kingswood Subdivision or tothe Kingswood Homeowners Association. thel property so
conveyed shall be subj ect to all use and developmental restrictions and covenants contained
on the plat of the Kingswood Subdivision-f.t f andl Martin Marietta shall use its best efforts
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to encourage the amendment of the Kingswood Subdivision plat to include the conveyed
property.
(c) Martin Marietta shall convey 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.
(d) All reclamation shall comply generally with the reclamation guidelines
adopted by the Indiana Mineral Aggregates Association, a current copy of which shall be
provided to the Director annually.
( e) With respect to the Mueller Property North of 106th Street, Martin Marietta
shall erect a black chain link fence (with no barb wire or similar barrier) fifty feet south of
the boundary of the Kingswood Subdivision as a buffer area which shall not be disturbed by
Martin Marietta. Once the sand and gravel dredge operations are completed, the fence shall
be removed by Martin Marietta and the land reclaimed as provided herein. The adjacent
landowners shall have the right to use that portion, if any, ofthe fifty foot wide buffer area
adj acent to owner's property during the period of sand and gravel dredge operations.
(f) Martin Marietta will undertake no actions to drain the lake created, nor to
reduce the water level.
(g) Martin Marietta shall construct an earthen landscape berm six (6) feet in
height on the north side of {06th Street on the Mueller Property North of 106th Street (except
the wooded portion of the Mueller Property North of 106th Street located directly south of
the existing park at the northwest comer of Gray Road and 106th Street).
4. Environmental. With respect to the operations, Martin Marietta shall be responsible
for all environmental matters arising therefrom and shall indemnify and hold harmless the adjacent
landowners in the Kingswood Subdivision with respect to any losses, claims or costs arising
therefrom.
A copy of the Commitment shall be delivered by Martin Marietta to the Department of
Community Services ofthe 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 terminated, 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.
Dated this _ day of
,2001.
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MARTIN MARIETTA MATERIALS, INC.
By:
(signature)
(printed name)
Its:
(title)
State of
, County of
, SS:
Executed and acknowledged before me, a Notary Public in and for said County and State this
_ day of ,2001.
, Notary Public
Mr Commission Expires:
Resident of
County,
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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 ,2001.
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 , 2001.
, 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
INDSOI THE (127995.2) 1427095v4
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1
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 KINGS WOOD 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 ofthe North Half of said Southwest Quarter;
thence North 89 degrees 51 minutes 18 seconds West on the South line ofthe North Half of said
Southwest Quarter 1521.03 feet to the Northeast comer of real estate conveyed to the City of
Cannel, Indiana, per a Deed recorded in the Office ofthe 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
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Section 9, a distance of 406.45 feet to the place of beginning, containing 105.981 acres, more or less.
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Cross Reference: Deed dated and recorded on
in the Office of the Recorder of Hamilton County, Indiana.
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 real 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 North of 106th Street."
1. General Operations Restrictions. All surface mining on the Mueller Property North
of 106th Street shall be subject to the following restrictions:
(a) Martin Marietta shall move the existing processing plant located north of
106th Street on the west side 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,
subject to approval by the Carmel Clay Board of Zoning Appeals and the Indiana
Department of Natural Resources. Such new location will be further from any home in the
Kingswood Subdivision than at present and will have less of a noise impact on the
Kingswood Subdivision. Martin Marietta will start the plant relocation no later than January
2003 with completion of such move to occur no later than March 2003. Martin Marietta will
terminate all processing operations at the current site of the processing plant as soon as the
relocation of the plant is completed and will not open pit mine limestone from such former
location of the processing plant. Martin Marietta will 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 will be maintained and shall
not be disturbed.
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(b) Martin Marietta shall conduct no activity other than sand and gravel dredge
mining and underground mining as described herein on the Mueller Property North of 106th
Street. All surface mining on Martin Marietta property between 106th and 116th Streets and
on the Mueller Property North of 106th Street shall be for sand and gravel operations only
and shall be conducted by floating dredge. All overburden removal on Martin Marietta
property between 106th and 116th Streets and on the Mueller Property North of 106th Street
shall be completed during daylight hours, 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 minimize
noise, dust, light or smoke impact on surrounding properties.
(c) Martin Marietta, its successors and assigns, shall not permit any structures,
such as asphalt plants, ready-mix concrete plants or mineral processing plants, other than
dredging operations, to be constructed on the surface of the Mueller Property North of 106th
Street and shall not permit any operations other than mineral extraction as provided herein.
(d) No surface operations will be undertaken on the wooded portion of the
Mueller Property North of 106th Street located directly south of the existing park at the
northwest comer of Gray Road and 106th Street.
(e) No underground mining on Martin Marietta property between 1 06th and 116th
Streets and on the Mueller Property North of 106th Street shall be conducted by Martin
Marietta closer than 500 feet from any primary residential structure in the Kingswood
Subdivision as it now exists and no underground mining north of 106th Street shall
commence prior to 2025.
(f) All trucks entering or exiting public streets from operations conducted by
Martin Marietta north of 96th Street shall have covered beds by November 2001.
2. Blasting. All blasting operations shall be subject to the following restrictions:
( a) The average blast readings for any calendar year shall not exceed the average
readings for calendar year 1999 which were 11 OdB and .1 Oin/sec. Separate averages will be
maintained by Martin Marietta for underground and surface blasting. A blasting report with
averages shall be provided to the Director of the City of Carmel Department of Community
Services ("Director") by Martin Marietta in January of each year for the preceding calendar
year.
(b) All ground vibrations from blasting conducted by Martin Marietta shall be
held at 0.5 in/sec or below and the maximum airblast from such blasting shall be no greater
than 125 dB, all as measured at a monitoring station in the Kingswood Subdivision. The
monitoring station shall be located on the portion of the Meuller Property North of 106th
Street which is adjacent to or at the end of Westchester Street and shall be continuously
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maintained by Martin Marietta while blasting operations are being conducted. Data from the
monitoring station will be made available by Martin Marietta to be audited by the Director
or his representative during regular business hours.
(c) If Martin Marietta adopts more stringent operating standards at any
geologically comparable location in the United States than those set forth in subparagraphs
( a) and (b), above, such more stringent standards shall become the effective standards under
this Commitment. As part of its annual report to the Director, Martin Marietta shall either:
i) certify that no such more stringent operating standards have been adopted; or ii) provide
a copy of such more stringent standards to the Director.
(d) All blasting on the Mueller Property will be conducted between the hours of
10:00 a.m. and 5:00 p.m., Monday through Friday except as required to comply with
applicable governmental requirements.
3. Reclamation.
(a) Martin Marietta shall reclaim the Mueller Property North of 106th Street
(except the wooded portion of the Mueller Property North of 106th Street located directly
south of the existing park at the northwest comer of Gray Road and 106th Street) and the
Martin Marietta property between 106th and 116th Streets abutting the Kingswood
Subdivision and west of Hazel Dell Parkway as a lake with (i) slopes no steeper than 3 to 1,
(ii) a waterline not less than 150 feet from the nearest property line in the Kingswood
Subdivision and (iii) domestic grass coverage of not less than eighty percent per square yard.
(b) Subject to approval of the court overseeing the Helen M. Mueller
Conservatorship, Martin Marietta shall convey, either to the City of Carmel, the Kingswood
Homeowners Association or the adj acent landowners, at the discretion of Martin Marietta,
good and marketable title to the 150 foot wide portion ofthe Mueller Property North of 106th
Street and the Martin Marietta property between 106th and 116th Streets and west of Hazel
Dell Parkway where it abuts the Kingswood Subdivision, located adjacent to and lying
between the Kingswood Subdivision and the lake to be created. The conveyance shall be
made no later than the time all sand and gravel dredge operations on the Mueller Property
North of 106th Street are completed. The conveyance shall be free of any liens, easements,
encumbrances or other restrictions created by Martin Marietta and shall be at a cost to
landowner not to exceed $100.00. If conveyed to landowners in the Kingswood Subdivision
or to the Kingswood Homeowners Association, the property so conveyed shall be subject to
all use and developmental restrictions and covenants contained on the plat of the Kingswood
Subdivision and Martin Marietta shall use its best efforts to encourage the amendment ofthe
Kingswood Subdivision plat to include the conveyed property.
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(c) Martin Marietta shall convey 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.
(d) All reclamation shall comply generally with the reclamation guidelines
adopted by the Indiana Mineral Aggregates Association, a current copy of which shall be
provided to the Director annually.
(e) With respect to the Mueller Property North of 106th Street, Martin Marietta
shall erect a black chain link fence (with no barb wire or similar barrier) fifty feet south of
the boundary of the Kingswood Subdivision as a buffer area which shall not be disturbed by
Martin Marietta. Once the sand and gravel dredge operations are completed, the fence shall
be removed by Martin Marietta and the land reclaimed as provided herein. The adjacent
landowners shall have the right to use that portion, if any, ofthe fifty foot wide buffer area
adjacent to owner's property during the period of sand and gravel dredge operations.
(f) Martin Marietta will undertake no actions to drain the lake created, nor to
reduce the water level.
(g) Martin Marietta shall construct an earthen landscape berm six (6) feet in
height on the north side of 106th Street on the Mueller Property North of 106th Street (except
the wooded portion of the Mueller Property North of 106th Street located directly south of
the existing park at the northwest comer of Gray Road and 106th Street).
4. Environmental. With respect to the operations, Martin Marietta shall be responsible
for all environmental matters arising therefrom and shall indemnify and hold harmless the adjacent
landowners in the Kingswood Subdivision with respect to any losses, claims or costs arising
therefrom.
A copy of the Commitment shall be delivered by Martin Marietta to the Department of
Community Services ofthe 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 terminated, 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.
Dated this _ day of
, 2001.
MARTIN MARIETTA MATERIALS, INC.
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By:
( signature)
(printed name)
Its:
(title)
State of
, County of
, SS:
Executed and acknowledged before me, a Notary Public in and for said County and State this
day of ,2001.
, Notary Public
Mr Commission Expires:
Resident of
County,
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APPROVAL OF COMMITMENT BY
CARMEL CLAY BOARD OF ZONING APPEALS
The foregoing Commitment is hereby approved by the Cannel Clay Board of Zoning
Appeals this _ day of , 2001.
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 , 2001.
, 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 427095v4
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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 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 comer ofthe 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 KlNGSWOOD 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 comer 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 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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Cross Reference: Deed dated , and recorded on
No. in the Office of the Recorder of Hamilton County, Indiana.
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 real 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 North of 106th Street."
1. General Operations Restrictions. All surface mining on the Mueller Property
North of 106th Street shall be subject to the following restrictions:
(a) Martin Marietta shall move the existing processing plant located north of
I06th Street on the west side 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,
subject to approval by the Carmel Clay Board of Zoning Appeals and the Indiana
Department of Natural Resources. Such new location will be further from any home in
the Kingswood Subdivision than at present and will have less of a noise impact on the
Kingswood Subdivision. Martin Marietta will start the plant relocation no later than
January 2003 with completion of such move to occur no later than March 2003. Martin
Marietta will terminate all processing operations at the current site of the processing plant
as soon as the relocation of the plant is completed. Martin Marietta will 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 will be maintained and shall not be disturbed.
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(b) Martin Marietta shall conduct no activity other than sand and gravel dredge
mining and underground mining as described herein on the Mueller Property North of 106th
Street. All surface mining on Martin Marietta property between 106th and 116th Streets and on
the Mueller Property North of 106th Street shall be for sand and gravel operations only and shall
be conducted by floating dredge. All overburden removal on Martin Marietta property between
106th and 116th Streets and on the Mueller Property North of 106th Street shall be completed
during daylight hours, 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 minimize noise, dust, light or smoke impact on
surrounding properties.
(c) Martin Marietta, its successors and assigns, shall not permit any structures,
such as asphalt plants, ready-mix concrete plants or mineral processing plants, other than
dredging operations, to be constructed on the surface of the Mueller Property North of
106th Street and shall not permit any operations other than mineral extraction as provided
herein.
(d) No surface operations will be undertaken on the wooded portion of the
Mueller Property North of 106th Street located directly south of the existing park at the
northwest corner of Gray Road and 106th Street.
(e) No underground mining on Martin Marietta property between 106th and
116th Streets and on the Mueller Property North of 106th Street shall be conducted by
Martin Marietta closer than 500 feet from any primary residential structure in the
Kingswood Subdivision as it now exists and no underground mining north of 106th Street
shall commence prior to 2025.
(f) All trucks entering or exiting public streets from operations conducted by
Martin Marietta north of 96th Street shall have covered beds by November 2001.
2. Blasting. All blasting operations shall be subject to the following restrictions:
(a) The average blast readings for any calendar year shall not exceed the
average readings for calendar year 1999 which were 110dB and . lOin/sec. Separate
averages will be maintained by Martin Marietta for underground and surface blasting. A
blasting report with averages shall be provided to the Director of the City of Carmel
Department of Community Services ("Director") by Martin Marietta in January of each
year for the preceding calendar year.
(b) All ground vibrations from blasting conducted by Martin Marietta shall be
held at 0.5 in/sec or below and the maximum airblast from such blasting shall be no
greater than 125 dB, all as measured at a monitoring station in the Kingswood
Subdivision. The monitoring station shall be located on the portion of the Meuller
Property North of 106th Street which is to be conveyed to Michael and Janet Thyen at
5083 St. Charles Place and shall be continuously maintained by Martin Marietta while
blasting operations are being conducted. Data from the monitoring station will be made
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available by Martin Marietta to be audited by the Director or his representative during
regular business hours.
(c) If Martin Marietta adopts more stringent operating standards at any
geologically comparable location in the United States than those set forth in
subparagraphs (a) and (b), above, such more stringent standards shall become the
effective standards under this Commitment. As part of its annual report to the Director,
Martin Marietta shall either: i) certify that no such more stringent operating standards
have been adopted; or ii) provide a copy of such more stringent standards to the Director.
(d) All blasting on the Mueller Property will be conducted between the hours
of 10:00 a.m. and 5:00 p.m., Monday through Friday except as required to comply with
applicable governmental requirements.
3. Reclamation.
(a) Martin Marietta shall reclaim the Mueller Propertl North of 106th Street
(except the wooded portion of the Mueller Property North of 106 Street located directly
south of the existing park at the northwest comer of Gray Road and 106th Street) and the
Martin Marietta property between 106th and I I 6th Streets abutting the Kingswood
Subdivision and west of Hazel Dell Parkway as a lake with
(i) slopes no steeper than 3 to 1,
(ii) a waterline not less than 150 feet from the nearest property line in the
Kingswood Subdivision and
(iii) domestic grass coverage of not less than eighty percent per square
yard.
(b) Subject to approval of the court overseeing the Helen M. Mueller
Conservatorship, Martin Marietta shall convey to the adjacent landowner good and
marketable title to the 150 foot wide portion of the Mueller Property North of 106th Street
and the Martin Marietta property between 106th and 116th Streets and west of Hazel Dell
Parkway where it abuts the Kingswood Subdivision, located adjacent to the owner's
property and lying between owner's property and the lake to be created. The conveyance
shall be made no later than the time all sand and gravel dredge operations on the Mueller
Property North of 106th Street are completed. The conveyance shall be free of any liens,
easements, encumbrances or other restrictions created by Martin Marietta and shall be at
a cost to landowner not to exceed $100.00. The property so conveyed shall be subject to
all use and developmental restrictions and covenants contained on the plat of the
Kingswood Subdivision. Martin Marietta shall use its best efforts to encourage the
amendment of the Kingswood Subdivision plat to include the conveyed property.
(c) Martin Marietta shall convey 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.
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(d) All reclamation shall comply generally with the reclamation guidelines
adopted by the Indiana Mineral Aggregates Association, a current copy of which shall be
provided to the Director annually.
(e) With respect to the Mueller Property North of 106th Street, Martin
Marietta shall erect a black chain link fence (with no barb wire or similar barrier) fifty
feet south of the boundary of the Kingswood Subdivision as a buffer area which shall not
be disturbed by Martin Marietta. Once the sand and gravel dredge operations are
completed, the fence shall be removed by Martin Marietta and the land reclaimed as
provided herein. The adjacent landowners shall have the right to use that portion, if any,
of the fifty foot wide buffer area adjacent to owner's property during the period of sand
and gravel dredge operations.
(t) Martin Marietta will undertake no actions to drain the lake created, nor to
reduce the water level.
(g) Martin Marietta shall construct an earthen landscape berm six (6) feet in
height on the north side of 106th Street on the Mueller Property North of 106th Street
(except the wooded portion of the Mueller Property North of 106th Street located directly
south of the existing park at the northwest comer of Gray Road and 106th Street).
4. Environmental. With respect to the operations, Martin Marietta shall be
responsible for all environmental matters arising therefrom and shall indemnify and hold
harmless the adjacent landowners in the Kingswood Subdivision with respect to any losses,
claims or costs arising therefrom.
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 terminated, 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.
Dated this _ day of
, 2001.
MARTIN MARIETTA MATERIALS, INC.
By:
(signature)
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(printed name)
Its:
(title)
State of
, County of
, SS:
Executed and acknowledged before me, a Notary Public in and for said County and State
this _ day of ,2001.
, Notary Public
Mr Commission Expires:
Resident of
County, _
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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 , 2001.
APPEALS
ATTEST:
By:
CARMEL CLAY BOARD OF ZONING
By:
(signature)
(printed name)
Its:
(title)
(signature)
(printed name)
Its:
(title)
State oflndiana, County of Hamilton, SS:
Executed and acknowledged before me, a Notary Public in and for said County and State
this _ day of ,2001.
Mr Commission Expires:
This instrument prepared by Thomas H. Engle, attorney-at-law,
11. S. Meridian Street, Indianapolis, Indiana 46204
INDSOl THE 427095v3
, Notary Public
Resident of Hamilton County, Indiana
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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 of
3302.24 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 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
KINGS WOOD 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 comer 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
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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