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Home My WebLink AboutCommitment Amend Recorded 200500054117 Filed for Record in HAMILTON COUNTY, INDIANA JENNIFER J HAYDEN 08-19-2005 At 03=15 PM. MOD AGREE 16.00 MARTIN MARIETTA MATERIAI.JS, INC. MUELLER PROPERTY SOUTH SAND AND GRAVEL SPECIAL USE APPLICATION Docket No. 05060014 CA MODIFICA l'ION OF COMMITMENTS MADE IN RESPECT OF DOCKET NO. 04040024 SU COMMITMENTS CONCERNING THE lISE OR DEVELOPMENT "OF RE..i\L ESTATE MADE IN CONNECTION WITH PErrITION FOR SPECIAL USE PERMIT Martin Marietta Materials, Inc. ("Martin Marietta"), makes tl1e following Modified Commitment concerning the use and development of that parcel of real estate located near the intersection of the southwest corner of 106th Street and Hazel Dell Parkway, in the City of Cannel, Hamilton County, Indiana, which is more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the "Rea] Estate"). Statement of COMMITMENTS: 1. General Operational Commitlnents (a) Martin Marietta hereby agrees that Commitment lea) set forth under Docket No. 04040024-SU is hereby deleted and the following is substituted in its place: Martin Marietta will commence its sand and grave] operatiol1 011 Mueller North promptly UpOl1 satisfaction of all conditions precedent thereto as provided under the Special Use Permit issued in connection with Docket No. 05010021 SU, cOl1ceming the use or development of Mueller North. Martin Marietta will thereafter continue extraction of sand and gravel from Muellcr l'Jorth and the area upon \vhic11 the Carmel Sand Pla11t is located, all in accordallce with the Statenlent of Commitments in Docket No. 05010021 SUo Martin Marietta shall be permitted to extract sand and gravel on MuelJer South for a period of seven (7) years from the date of substantial exhaustion of materials UpOll Mueller North. Martin Marietta recognizes, however, that the community desires that sand and gravel extraction on Mlleller South be completed as expeditiously as possible and, therefore, agrees to sequence and schedule its sand a11d gravel extraction operations on Mueller SOllth to complete such extraction expeditiously, so long as such scheduling and sequencing is not incOllsistent with its commitn1ent to use the Mueller North and Cannel Sand 1)lant properties as its primary source for ra\\! material until the sand and gravel reserves thereon are exllausted. A-I INDY 1573655v.l The above referenced commitl11ent is hereby deemed a part of and subject to the same tenns and conditions and enforcement rights as are set forth in the Statement of Commitments isslled in respect of Docket No. 04040024 SU, recorded February 2, 2005, in the office of the Recorder of Hamilton County, Indiana, as Instrument No. 2005-00006560. The undersigned hereby authorizes the City of Carmel Department of Community Services to record this Modification of Commitments in the OtJice of the Recorder of Hamilton COUl1ty~ I11diana, llpOl1 final approval of Docket No. 05060014 CA. r WI1NESS WHEREOF, Martin Marietta has caused the execution of this instrument this~dayof ~ ,2005. MAR l"'IN MARIE'TT A MA TERIALS ~ INC. .ice President/General Manager ST A TE OF INDIANA ) ) SS: COUNTY OF MARION ) Before me, a Notary Public in and for said County and State, personally appeared John J. Tiberi, the Vice President/General Manager of Martin Marietta Materials, Inc., who acknowledged the execution of the foregoing instrunlent alld who, having been duly sworn, stated that any representations therein contained are true. S . 1 1 h. '''-J +fi d f WITNES my hand and Notarla Sea t IS~ ay 0 ~# ~u-! ~ ( ~-j.. ;(~~ . 't"1h:./Ci..:.," "..... >'''');.''1/1..1' i/ ,'\. ..i ~~_. .~...,. .,' ..~ .' ',_'" t.,.........t,.... / "",,~~ .f' <.-,..... Signature , 2005. L_IIV D~~l Printed /_ L.. l} N i F~- f( NOTARY PUBLIC I f My Commission Expires: II!/.':.J/;::<t'l~'(l County of Residence: //:,1 YPU: {, h-)( LIND A L l..Pir.IIER I~JOr~~RY VUBLIC STATE OF IN[)1j-11~i HA..M[LTOt~ COUN1Y ~/rt' C()tviMISSlor'f EXP. r,Jc)v. '\.5.2i..1Gc A-2 fNDY 1573655v.l E. & H. MUELLER DEVELOPMENT, LI.lC, an Indiana limited liability company By: tJ~ C~~/~ S 19n ture - ::U' Its: tVI/hi' r F:"-rv f) er;..T t'"'. - 'i f"~ St d e~ f: Printed Na~e and Title STATE OF INDIANi\ ) ) SS: COUNTY OF HAMILTON) Before me, a Notary Public in and for said County and State, personally appeared W/L,,()tJ,e. r; -;-YAl~~J Y,f.the Managing Member, authorized agent of E. & H. Mueller Development, LLC, an Indiana Iilnited liability COlnpany, 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 I ,L.tty of T U '- '-( , 2005. \ " ------ Printed J- /t)ILH4~L AI\JT"R.1M NOTARY PUBLIC flAM/I.- ToN Nly Commis~ion E;{pires: 8 /; 0 /D7 r ' County of Residence: T11is instrU111ent was prepared by and after recordation shall be returned to Zeff A. Weiss, Ice Miller, 011e American Square, Box 82001, Indianapolis, Indiana, 46282-0200, Telephone (317) 236-2319. A..3 INDY 1573655v.l 'i. EXHIBIT A REAL ESTATE DESCRIPTION Part of the North Half of Section 9, Township 17 North, Range 4 East of the Second Principal Meridian in Clay Township, Hamilton County, Indiana, described as follows: Commencing at the Northwest corner of Section 9, 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 North fine of said Section 9, a distance of 1 ,336.18 feet to the Northwest corner of the East Half of the Northwest Quarter of said Section 9, said corner be'ng the PLACE OF BEGINNING of the 'within de'scribed real estate; thence South 00 degrees 11 minutes 12 seconds West on the West line of said East Half 1 ,716.00 feet; thence South 89 degrees 55 minutes 56 seconds East parallel with the North line of said Section 9. a distance of 1,336.01 feet to the West line of the East Half of said Section 9; thence South 00 degrees 11 minutes 33 seconds West on the West line of said East Half 156.75 feet; thence South 89 degrees 55 minutes 56 seconds East parallel with the North line of said Section 9. a distance of 919.68 feet to the Westerly line of real estate conveyed to the City of Carmel. Indiana. by a documented titled "Certification of Clerk" recorded in the Offic~ of the Recorder of Hamilton County, Indiana, as Instrument Number 9709754848 (the following eight courses being on the Westerly lina of said real estate); 1.) thence North 08 degrees 36 minutes 31 seconds East 885.22 feet; 2.) thence North 02 degrees 53 minutes 53 seconds East 201.00 feet; 3,) thence North 08 degrees 36 minutes 31 seconds 'East 660.61 feet; 4.) thence North 29 degrees 48 minutes 29 seconds West 55.59 feet; 5.) thence North 80 degrees 51 minutes 37 seconds West 303.34 feet; 6.) thence North 89 degrees 03 minutes 10 seconds VVest 148.00 feet; 7.) thence North 60 degrees 14 minutes 56 seconds West 57.55 feet; 8.) thence North 00 degrees 04 minutes 04 seconds East 16.50 feet to the North line of said Section 9, said point being 3.302.24 feet South 89 degrees 55 minutes 56 seconds East of the Southwest corner of said Section 9; thence North 89 degrees 55 minutes 56 seconds West on said North line 1 ,966.06 feet to the place of beginning, containing 96.921 acres, more or less. A-4 IND'{ 1573655v.l I SM L EGALEf B U 51 NESS ADV I SOH 5 August 22, 2005 WRITER'S DIRECINUMBER: (317) 236-2319 DiRECT FAX: (317) 592-4788 INTERNET:' Zeff. W eiss@icemi1ler.com VIA E-MAIL: aconn@carmel.in.gov Angela Conn City of Carmel Department of Community Servic'es One Civic Square Carmel, IN 46032 RE: Mueller Property South - Sand and Gravel Your Docket No. 05060014 CA Dear Angie: Enclosed please find a file-stamped copy of the Modification of Commitments made in respect of the original Mueller South - Sand and Gravel Application considered under Docket No. 04040024 SU, which Modification of Commitments was recorded on August 19, 2005 as Instrument No. 2005-00054117 in the office of the Recorder of Hamilton County, Indiana. Please do not hesitate to call me if you have any comments or questions with respect to this recorded Modification of Commitments. Very truly yours, ICE MILLER Zeff.ft. 'Weiss Zeff A. Weiss ZA W: sd Enclosure cc: Dan Hoskins (via e-mail w/enc.) John Tiberi (via e-mail wlo enc.) INDY 1597887v.l One American Square I Box 82001 I Indianapolis, IN 46282-0002 I Phone: (317) 236-2100 I Fax: (317) 236-2219 I www.icemiller.com Indianapolis I Chicago I Washington DC