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HomeMy WebLinkAboutAmerican Aggregates 1994AGREEMENT FOR VACATION OF RIGHT -OF -WAY TO DEDICATE ADDITIONAL RIGHT -OF -WAY 'ND TO CONSTRUCT ROAD IMPROVEMENTS This Agreement entered into on the dates set out below by and Corporation between American Aggregates 7== (hereinafter referred to as "American Aggregates "), the Board of Commissioners of Hamilton County (hereinafter referred to as "the County "), and the City of Carmel, Indiana, (hereinafter referred to as "Carmel "), by their Board of Works. WITNESS THAT: WHEREAS, American Aggregates has requested the vacation of certain portions of River Road located in Clay Township, Hamilton County, Indiana (hereinafter referred to as the "Right -of- Way "); and, WHEREAS, American Aggregates is the owners of real property on each side of a portion of the Right -of -Way and has no objection to the vacation of said Right -of -Way; and, WHEREAS, Carmel is the owner of the land along the east side of the part of the Right -of -Way and has no objection to the vacation of the Right -of -Way; and, WHEREAS, there is pending before the Board of Commissioners of Hamilton County, Ordinance No. 10- 24 -94 -A an Ordinance Vacating a Certain Portion of River Road in Clay Township, Hamilton County, Indiana, (hereinafter referred to as the "Ordinance ") a copy of which is attached hereto and made a part hereof; and, WHEREAS, the Board of Commissioners of Hamilton County, as a condition of the vacation of the Right -of -Way, has requested American Aggregates to dedicate certain rights -of -way and perform certain road improvements within Clay Township, Hamilton County, and within Washington Township, Marion County, Indiana. WHEREAS, the City of Carmel, subsequent to the date of this Agreement, may annex certain parcels of Real Estate or rights -of- way which are subject to this Agreement. IT IS THEREBY AGREED AS FOLLOWS: 1. As consideration for the agreement of American Aggregates to grant the right -of -way and provide the road improvements set out herein, the Board of Commissioners of Hamilton County agree to vacate River Road, from the center line of 96th Street north to a point at the northern edge of American Aggregates property, which is approximately 3,420 feet from the existing center line of 96th Street. In the event the Ordinance is not passed, the terms and conditions of this Agreement shall be of no force and effect. 2. American Aggregates agrees to grant an easement to the City of Carmel for the western 16 and 1/2 feet of the former River Road north, from the center line of 96th Street, approximately 1020 feet, to the north property line of parcel number 14- 09 -00 -00 -010 which is owned by the City of Carmel. This road easement shall be used for ingress and egress by the City of Carmel to their sewage treatment plant. 3. American Aggregates agrees to dedicate all temporary and permanent right -of -way on lands controlled or owned by them in accordance with the 96th Street expansion project, which right -of- way sheets are attached hereto. American Aggregates agrees to 2 relocate any fences or other improvements in reference to the 96th Street project at their sole cost and expense. 4. American Aggregates agrees to dedicate a forty -five foot half right -of -way for Gray Road between 96th Street and 106th Street of all land owned, or controlled by them, or which they may subsequently acquire. 5. American Aggregates agrees to dedicate a sixty foot half right -of -way for 106th Street, between Gray Road and River Road, of lands owned or controlled by them, or which they may subsequently acquire. 6. American Aggregates agrees to dedicate a forty -five foot half right -of -way for River Road, between 106th Street and 116th Street, on all lands owned or controlled by them, or which they may subsequently acquire. 7. American Aggregates agrees to dedicate a sixty foot half right -of -way (one hundred twenty feet total width right -of -way) as is necessary for the extension of Hazel Dell Road from 96th Street to 116th Street, through property owned by them or which they may subsequently acquire. Any right -of -way dedicated under paragraph four, five, and six above shall be included as part of the this sixty foot right -of -way. The dedication under this paragraph shall be made to Hamilton County, or Carmel, depending on which jurisdiction constructs the proposed Hazel Dell Road. The exact location of said right -of -way is unknown at this time, but American Aggregates agrees to work with the County and Carmel, to establish a reasonable location for such right -of -way to take the Hazel Dell 3 Road extension south from its north -south section located north of 106th Street, west to intersect Gray Road at the point near 106th Street and Gray Road. The parties agree that the east -west portion of Hazel Dell Road shall be located no farther south than shown on Exhibit B. Any public right -of -way which is abandoned or becomes unnecessary as part of the Hazel Dell Project which is adjacent to property of American Aggregates shall be vacated to American Aggregates without cost. 8. American Aggregates agrees to dedicate additional corner cut rights -of -way at the intersections of Gray Road and 96th Street and Gray Road and 106th Street. That corner right -of -way shall be an additional triangle of land with a right angle at the intersections of the above dedicated rights -of -way and thirty -five (35) foot sides along the intersecting streets, and be in accordance with the 96th Street Project plans. 9. The County will provide drainage necessary for 106th Street and American Aggregates agrees to work with the County in providing necessary outfalls at locations which provide drainage for 106th Street and do not interfere with the present or future mining plans of American Aggregates. 10. American Aggregates agrees to resurface 106th Street between Gray Road and River Road and River Road to a pavements width of approximately twenty -two (22) feet, with stone base as required by the County Engineer and eight (8) inches of base, binder, and surface (5 inches, 2 inches, and 1 inch) or approved equivalent. American Aggregates will install stone shoulders and 4 temporary pavement markings. This work will be complete prior to August 1, 1995. 11. American Aggregates will construct a turn - around at the south end of River Road, where the road comes south from 106th Street and will dedicate such Right -of -Way as is reasonably necessary to construct that turn around. 12. The County hereby grants to American Aggregates a right of access for ingress and egress beneath the entire surface of all of that portion of Right -of -Way along Gray Road from 106th Street to 96th Street, which rights -of -way are contiguous with property owned or controlled by American Aggregates, commencing at a depth of not less than fifty feet below the surface, to tunnel and remove gravel, stone, and other aggregate pursuant to the following terms and conditions, which are hereinafter referred to as the "Grant Agreement ". The parties acknowledge that American Aggregates may have the legal right to mine below the right -of -way of the County, but enter into this Grant Agreement in order to resolve any further dispute concerning American Aggregate's right to mine below the County's right -of -way. The terms of the Grant Agreement are as follows: a. Grant. The County hereby grants to American Aggregates, its contractors, agents and employees, an exclusive right of access for ingress and egress under the entire County rights -of -way commencing at a depth of not less than fifty (50) feet below the surface of the existing road, for the purposes of accessing the land of American Aggregate on either side of the 5 4 right -of -way; to tunnel, mine, and remove gravel, stone, and other aggregate; and to remove from other properties and transport under the County right -of -way rock, stone, gravel, sand, limestone and /or minerals as may exist under the American Aggregates property and other properties controlled by them, together with the right to construct and install, maintain, operate, repair, inspect, protect, remove and replace such underground appurtenances and facilities as may be necessary in American Aggregates' exercise of its rights hereunder. b. Term. Unless this Grant Agreement is released by American Aggregate with notice to County, this Grant Agreement shall commence on the date hereof and shall continue until the earlier of (a) the termination of all mining activities by American Aggregates and its successors and assigns, in the area or (b) ninety (90) years from the date hereof (the "Term "). c. Indemnification and Release. During the Term of this Grant Agreement, American Aggregates shall indemnify, defend and save harmless the County from and against all claims, judgments, liabilities, fines, penalties or expenses caused by American Aggregates' exercise of its rights under this Grant Agreement. In the event that legal action is necessary by either party to enforce any provision of this Grant Agreement, the prevailing party shall be entitled to recover from the non - prevailing party the expenses thereof, including reasonable attorneys' fees. 6 d. Removal of Equipment and Reclamation. Unless otherwise agreed to in writing by the County, American Aggregate shall remove all of the equipment and related facilities of American Aggregates under the County rights -of -way within one hundred twenty (120) days after the termination of this Grant Agreement. American Aggregates agrees and covenants with the County that American Aggregates will, at its sole expense, complete any reclamation obligation in accordance with applicable law within one (1) year from the date this Grant Agreement is terminated or such other time as required by law. e. Right of Access Appurtenant and Irrevocable. The rights created herein are irrevocable and shall run with the ownership of the American Aggregates land. The parties hereto covenant with each other that the agreements herein contained shall be binding upon their respective successors and assigns. f. Subjacent Support. American Aggregates' operations shall be conducted in a good and workmanlike manner at all times and in such a manner as not to interfere with the surface use of the County right -of -way. American Aggregates shall conduct all such operations beneath the County right -of -way in such a manner as to maintain adequate subjacent support for pedestrian and vehicular use of the County Right -of -Way. g. American Aggregates shall have and retain all of the rights contained in this Grant Agreement for any right -of -way granted or dedicated under paragraphs three, four, five, six, seven, and eight above. 7 Any future documents transferring those interests from American Aggregates to either the County or Carmel, shall reserve the rights set out in this Grant Agreement. 13. Carmel agrees that in the event any of the real estate or Right -of -Way which are described in this Agreement is annexed by the City in the future, the Carmel shall require all of the right- of-way dedications set out herein and will be bound by all agreements of the County for all real estate annexed. 14. Upon the approval of this Agreement, the Board of Commissioners of Hamilton County will consider Ordinance 11- 14 -94 -A which is attached hereto and will make this Agreement part of the permanent record of the Board of Commissioners of Hamilton County. 15. Either party may have this document recorded in the Office of the Hamilton County Recorder. ALL OF WHICH IS AGREED by and between the parties on the dates set out herein. AMERICAN AGGREGATES CORPORATION Dated: December 8, 1994 By: Title: Pet Trimble, Vice President /Treasurer By: - J'S441— Titl : Alan D. 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