HomeMy WebLinkAboutCommitments - 4 proposed versions
"1',"1
~
o
U \J / ~~~o2
W /(;:<[\.JI-:- ';' , .
/.<'.,)' A
/../ 4'
r:;/ lPJ~(f;~.1~fErg
t~\ APR 17 2002
\7~' DOCS
\:,
\ /,
'\~!.:.:>?."
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."
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 106th Street shall
be completed during daylight hours (between one half hour 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 minimize 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
106th 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 106th
Street).
(c) 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.
..~-
-l(,
o
u
(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 and gravel
extraction on the Mueller property by May 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. Subject 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 ofthe processing plant as soon as the relocation ofthe 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 1 06th Street.
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 ofH~el 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.
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.
-2-
-:>...
~ ..
1"0
o
w
(b) 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.
(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 natural
fluctuating levels.
4. Disposition of Property.
(a) Subject to approval of the court overseeing the Helen M. Mueller
Conservatorship and the co-conservators thereof (the "Mueller Owners"), Martin Marietta
shall cause the Mueller Owners to sell, at fair market value, to such adjacent lando~ers 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
I
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 106th 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 106th
Street.
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, thi~ 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.
-3-
i. .,~
'"t.l.
o
u
MARTIN MARIETTA MATERIALS, INe.
By:
Its:
Date:
State of
, County of
(signature)
(printed name)
(title)
, 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. MUELLER CONSERVATORSHIP
By:
Its:
Date:
State of
, CoUnty of
(signature)
(printed name)
(title)
, SS:
Executed and acknowledged before me, a Notary Public in and for said County and State this
_ day of ,2001.
-4-
" ..
Mr Commission Expires:
o
w
, Notary Public
County,
Resident of
-5-
.
, .
o
o
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 500732v2
-6-
I
,.t" -
.
. .
o
u
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 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 Halfofsaid
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 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 se,conds 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.
-7-
,
,< ~,
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."
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 106th Street shall
be completed during daylight hours (between one half hour 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 minimize 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
106th 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 106th
Street).
(c) 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.
..
(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 and gravel
extraction on the Mueller property by May 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. Subject 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 ofthe processing plant as soon as the relocation ofthe 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 1 06th Street.
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.
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.
-2-
"
(b) 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.
(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 natural
fluctuating levels.
4. Disposition of Property. Subject to approval of the court overseeing the Helen M.
Mueller Conservatorship and the co-conservators thereof, 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 106th Street.
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.
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.
-3-
Mr Commission Expires:
State of
, County of
, Notary Public
Resident of
County,
THE HELEN M. MUELLER CONSERVATORSHIP
By:
Its:
Date:
(signature)
(printed name)
(title)
, SS:
Executed and acknowledged before me, a Notary Public in and for said County and State this
_ day of ,2001.
Mr Commission Expires:
, Notary Public
Resident of
County,
-4-
'.
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 oflndiana, 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
INDSOI THE 500732vl
-5-
,.
. .
... ..... .. .
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 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 ofthe 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 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 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 feetto the place of beginning, containing 105.981 acres, more orless.
-6-
'iJ>
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 USE 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 Use Variance for the Undersigned's proposed operations (the "Operations") to be
located on real estate located in Hamilton County, Indiana ~d described on the attached Exhibit A
which is incorporated herein, which real estate is referred to as the "Processing Plant Property."
1. General Operations Restrictions. All operations of the sand and gravel processing
facility shall be subject to the following restrictions:
(a) Vehicular access will be at the existing point of the driveway on Hazel Dell
Parkway. All trucks entering public streets from the Property shall have covered beds.
(b) The normal hours of operation shall be 6:00 a.m. to 10:00 p.m., Monday
through Saturday, provided, however, in the event expanded hours of operation are required
due to exceptional or changed demand, said hours may be expanded to accommodate such
demand.
(c) All lighting utili,zed shall be in a fashion as to not illuminate public roadways
or private residences.
(d) The existing tree buffer on Hazel Dell Parkway will be maintained and shall
not be disturbed.
(e) Martin Marietta shall comply with all applicable laws, including IDEM,
OSHA or other applicable laws, statutes or ordinances.
_ _(f) Martin Marietta shall maintain the surrounding perimeter in a workmanlike
manner, including removing of dead trees and maintaining the grass.
"
(g) All Special Conditions indicated in the Certificate of Approval granted by the
IndianaDepartmentofNaturalResources on February 9,2001 for applicationFW-20451 are
incorporated herein.
2. Relocation. If Martin Marietta is permitted to commence sand and 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. Subject 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 1 06th 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 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
,2002.
MARTIN MARIETTA MATERIALS, INC.
By:
( signature)
-2-
State of
, County of
Its:
(printed name)
~;.
(title)
, SS:
Executed and acknowledged before me, a Notary Public in and for said County and State this
_ day of , 2002.
Mr Commission Expires:
. Notary Public
Resident of
-3-
County,
'It
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
INDSOI mE SOO733vl
-4-
;;.~
EXHIBIT A
Surveyed Legal Description
A part of East Half of Section 4, Township 17 North, Range 4 East, Hamilton County, Indiana, described
as follows:
Commencing at a Stone found at the Southeast comer of said Section 4; thence North 89 degrees 55 minutes
44 seconds West along the south line of the Southeast Quarter of said Section a distance of 469.11 feet to
a 5/8 inch rebar with cap inscribed ''RS FIRM 0018" on the west line of a 50.0 feet sanitary sewer easement
as recorded in D.R. 270, Page 541, marking the POINT OF BEGINNING; thence continuing along the south
line North 89 degrees 55 minutes 44 seconds West a distance of 822.89 feet to a 5/8 inch rebar with said cap
on the East right of way line of Hazel Dell Parkway; thence Northeasterly along said right of way. 343. 1 0 feet
along an arc to the right and having a radius of2201.83 feet and subtended by a long chord having a bearing
of North 17 degrees 41 minutes 56 seconds East and a length of 342. 76 feet to a 5/8 inch rebar with said cap;
thence continuing along said right of way for next 8 courses; thence North 25 degrees 41 minutes 31 seconds
East a distance of 293.37 feet to a 5/8 inch rebar with said cap; thence North 25 degrees 18 minutes 26
seconds East a distance of 408.46 feet to a 5/8 inch rebar with said cap; thence North 17 degrees 08 minutes
20 seconds East a distance of 312.87 feet to a 5/8 inch rebar with said cap; thence North 12 degrees 15
minutes 32 seconds East a distance of208.94 feet to a 5/8 inch rebar with said cap; thence North 05 degrees
53 minutes 20 seconds East a distance of209.1 0 feet to 5/8 inch rebar with said cap; thence North 09 degrees
21 minutes 39 seconds West a distance of 158.27 feet to a 5/8 inch rebar with said cap; thence North 87
degrees 46 minutes 28 seconds East a distance of 13.37 feet to a 5/8 inch rebarwith said cap; thence North
04 degrees 24 minutes 11 seconds West a distance of 314.77 feet to a 5/8 inch rebar with said cap on the
south line of a tract ofland currently recorded as Instrument Number 97-9710709; thence along the south
line of said tract North 85 degrees 40 minutes 30 seconds East a distance of 187.07 feet to a 5/8 inch rebar
with said cap; thence along the east line of said tract North 04 degrees 19 minutes 30 seconds West a distance
of 435.60 feet to a 5/8 inch rebar with said cap; thence along the north line of said tract South 85 degrees 40
minutes 30 seconds West distance of 187.64 feet to a 5/8 inch rebar with said cap on the east right of way
of said road; thence along said right of way North 04 degrees 24 minutes OS seconds West a distance of
105.93 feet to a 5/8 inch rebar with said cap; thence continuing along said right of way North 04 degrees 32
minutes 56 seconds West a distance of 493 .?5 feet to a 5/8 inch rebar with said cap on the south line of a
tract ofland currently recorded as Instrument Number 9809811793; thence along the south line of said tract
South 89 degrees 33 minutes 33 seconds East a distance of 579.90 feet to the west line of said 50.0 feet
sanitary sewer easement; thence continuing along said sanitary sewer easement for next 4 courses; thence
South 00 degrees 04 minutes 31 seconds East a distance of 478.40 feet to a 5/8 inch rebar with said cap;
thence South 60 degrees 41 minutes 31 seconds East a distance of 242.3 8 feet to a 5/8 inch rebar with said
cap; thence South 00 degrees 04 minutes 31 seconds East a distance of 21 08. 76 feet to a 5/8 inch rebar with
said cap; thence South 45 degrees 04 minutes 23 seconds West a distance of 480.88 feet to a 5/8 inchrebar
with said cap on the north line of a tract ofland currently recorded as D.R. 270, Page 520; thence along said
north line of said tract North 89 degrees 55 minutes 44 seconds West parallel with the south line of the
southeast quarter of Section 4, a distance of 108.78 feet to a 5/8 inch rebar with said cap; thence along west
line of said tract South 00 degrees 04 minutes 16 seconds West a distance of 75.00 feet to a 5/8 inchrebar
with said cap; thence along south line of said tract South 89 degrees 55 minutes 44 seconds East parallel
with the south line of the southeast quarter of Section 4, a distance of 56.05 feet to the west line of said
sanitary sewer easement; thence along said west line South 26 degrees 46 minutes 47 seconds West
-5-
.,
a distance of 55.97 feet to the place of beginning. Containing 53.582 acres more or less.
Record Legal Descriptions
Deed Record 186. Page 80
A part of the Northeast Quarter of Section 4, Township 17 North, Range 4 East, in Clay Township, Hamilton
County, Indiana, described as follows:
Beginning at the Northwest comer of the Northeast Quarter of Section 4, Township 17 North, Range 4 East,
run thence South 2928.6 feet to the Center of said Section 4, thence East on the South line on the Northeast
Quarter of said Section 4, 1806.75 feet to the centerline of River Road; thence Northwesterly along the
centerline of said River Road 2931.65 feet measured to the North line of said Section 4, said point is 1565.39
feet East of the place of beginning, thence West on the North line of said Section 4, 1565.39 feet Measured
to the place of beginning, containing 113.2 acres more or less.
A part of the West Half of Section 3, Township 17 North, Range 4 East, and part of the East Half of Section
4, ToWnship 17 North, Range 4 East, in Clay Township, Hamilton County, Indiana, described as follows:
Beginning at the Center of Section 4, Township 17 North, Range 4 East, thence South on and along the West
line of the Southeast Quarter thereof 1167.06 feet; thence East 3650 feet more or less, to White River; thence
meandering North and Westwardly in and along said White River 1890 feet, more or less, to a point 505.89
feet Deed North of the South line extended of the Northeast Quarter of said Section 4, thence West 988.0
feet Measured more or less to a point in the centerline of River Road; thence Southeasterly on and along said
centerline to a point in said South line of said Northeast Quarter Section 530.00 feet; thence West on and
along said South line 1806.75 feet to the place of beginning, containing all 99.23 acres, more or less.
Deed Record 208. Page 186
Part of South East quarter of Section 4, Township 17 North, Range 4 East, and part of Southwest quarter of
Section 3, Township 17, Range 4 East run thence West on the South Section line of said Section 1530.36 feet
to a stone; thence North 64 degrees and 42 minutes East 832 feet to a stone; thence north 68 degrees and 33
minutes East 790.85 feet to a stone; thence East 886.95 feet to a stone on East Section line; thence South on
Section line 1488.31 feet to place of beginning, said parcel containing 40.79 acres.
Begin at the Southwest corner of Section 3, Township 17, Range 4 East run thence North on Section line
1488.31 feet to a stone; thence East 997 feet to the West bank of the White River; thence meandering
Southwesterly down River 2014 feet to South Section line; thence West on Section line 106.5 feet to place
of beginning. Said parcel containing 29.76 acres, all in Hamilton County, Indiana.
-6-
\
w
o
, i"J~-~ .
.,
MARTIN MARIETTA MATERIALS, INC.
CARMEL SAND PLANT
Docket No. UV-2302
PROPOSED STATEMENT OF COMMITMENTS
COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL
ESTATE MADE IN CONNECTION WITH PETITION FOR USE VARIANCE
Martin Marietta Materials, Inc. ("Martin Marietta") makes the following COMMITMENTS
concerning the use and development of that parcel of real estate located near the northeast comer
of the intersection 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:
1. Vehicular access to the Real Estate will be at the existing point of the driveway on Hazel
Dell Parkway.
2. The normal hours of operation of the Carmel Sand Plant at the Real Estate shall be 6:00
a.m. to 10:00 p.m., Monday through Saturday, provided, however, in the event expanded
hours of operation are required due to exceptional or changed demand, said hours may be
expanded to accommodate such demand.
3. All lighting utilized shall be in a fashion as to not illuminate public roadways or private
residences.
4. The existing tree buffer on Hazel Dell Parkway will be substantially maintained.
5. Martin Marietta shall maintain the surrounding perimeter in a workmanlike manner,
including removing of dead trees and maintaining the grass.
6. All Special Conditions indicated in the Certificate of Approval granted by the Indiana
Department of Natural Resources on February 9, 2001 for application FW-20451 are
incorporated herein.
7. Martin Marietta will cease aggregate processing plant operations at its current Carmel
Sand Plant located on the west side of Hazel Dell Parkway no later than December 31,
2005. Such Carmel Sand Plant shall be relocated, pursuant to this application, to the west
side of Hazel Dell Parkway promptly thereafter.
INDY 1569201v.2
o
o
IN WITNESS WHEREOF, Martin Marietta has caused the execution of this instrument
this _ day of , 2005.
MARTIN MARIETTA MATERIALS, INC.
By:
John J. Tiberi
Regional Vice President/General Manager
MidAmerica Region
STATE OF INDIANA )
) SS:
COUNTY OF MARION )
Before me, a Notary Public in and for said County and State, personally appeared John J.
Tiberi, the 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
day of
,2005.
Signature
Printed
NOTARY PUBLIC
My Commission Expires:
County of Residence:
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.
2
INDY 1569201v.2
-- .~- ~
Q
INDY 1569201v.2
EXHIBIT" A "
Real Estate Description
3
Q