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ICE
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LEGAL Et BUSINESS ADVISORS
August 22, 2005
WRITER'S DIRECf NUMBER: (317) 236-2319
DIRECT FAX: (317) 592-4788
INTERNET: ZeIT. Weiss@icemilIer.com
VIA E-MAIL: aconn@carmel.in.gov
Angela Conn
City of Cannel
Department of Community Services
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. 'Weirs
Zeff A. Weiss
ZAW: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 820011 Indianapolis, IN 46282-00021 Phone: (317) 236-2100 I Fax: (317) 236-22191 www.icemiller.com
Indianapolis I Chicago 1 Washinglon DC
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200500054117
Filed ror Record in
HAMILTON COUNTY, INDIANA
JENNIFER J HAYDEN
08-19-2005 At 03:15 PM.
MOD AGREE 16.00
MARTIN MARIETTA MA TERIAIJS, INC.
MUELLER PROPERTY SOUTH
SAND AND GRAVEL SPECIAL USE APPLICATION
Docket No. 05060014 CA
MODIFICATION OF COMMITMENTS
MADE IN RESPECT OF DOCKET NO. 04040024 SU
COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE
MADE IN CONNECTION WITH PETITION FOR SPECIAL USE PERMIT
Martin Marietta Materials, Inc. ("Martin Marietta"), makes the following Modified Commitment
concerning the use and development of that parcel of real estate located near the intersection of
the southwest comer 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 Estatell).
Statement of COMMITMENTS:
1. General Operational Commitments
(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 gravel operation on Mueller
North promptly upon satisfaction of all conditions precedent thereto as
provided under the Special Use Permit issued in connection with Docket
No. 05010021 SU, concerning the use or development of Mueller North.
Martin Marietta will thereafter continue extraction of sand and gravel
from Mueller North and the area upon which t.lJ.e Carmel Sand Plant is
located, all in accordance with the Statement of Commitments in Docket
No. 05010021 SUo Martin Marietta shall be pennitted to extract sand and
gravel on Mueller South for a period of seven (7) years from the date of
substantial exhaustion of materials upon Mueller North. Martin Marietta
recognizes, however, that the community desires that sand and gravel
extraction on Mueller South be completed as expeditiously as possible
and, therefore, agrees to sequence and schedule its sand and gravel
extraction operations on Mueller South to complete such extraction
expeditiously, so long as such scheduling and sequencing is not
inconsistent with its commitment to use the Mueller North and Cannel
Sand Plant properties as its primary source for raw material until the sand
and gravel reserves thereon are exhausted.
A-I
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INDY 157J655v.1
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The above referenced commitment is hereby deemed a part of and subject to the same
terms and conditions and enforcement rights as are set forth in the Statement of Commitments
issued 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 Office of the Recorder of Hamilton
County, Indiana, upon final approval of Docket No. 05060014 CA.
r WITNESS WHEREOF, Martin Marietta has caused the execution of this instrument
this~dayof ~ ,2005.
MARTIN MARIETTA MATERIALS, INC.
'ice President/General Manager
STATE OF INDIANA )
) SS:
COUNTY OF MARTON )
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 instrument and who, having been duly sworn,
stated that any representations therein contained are true.
WITNESS my hand and Notarial Seal thiS:::HI day of ~7 ,2005.
-:d;./ . y: _ '-./:.~
-'4;/)1.-. /Cl -.X;'~C.?j/l(.e~'v'
Signature
LIIV DA
Printed
L LANiER.
NOTARY PUBLIC
My Commission Expires: '/I':J!:<'Dt"':Cj
County of Residence: J!clvn.. f:.:' H->[.
LINDA L LANIEl<.
NOfARY PUBLIC STATE OF INDIANJ
HAMILTON COUNTY
\.lAY COMMISSION EXP. NOV. 15.201;':
A-2
INDY 1573655v.l
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E. & H. MUELLER DEVELOPMENT,
LLC, an Indiana limited liability company
By: iJ dk, C lor:::' J.-
SIgn ture
Its: WI/bill'" F: -;:l1'J er;, .r.... - =?t'~ $'1 d ell t
Printe Name and Title
STATE OF INDIANA )
) SS:
COUNTY OF HAMIL/bAl)
Before me, a Notary Public in and for said County and State, personally appeared
WIL,.,$V'€' r; TYAll:--R, S,f.the Managing Member, authorized agent of E. & H. Mueller
Development, LLC, an Indiana limited liability company, who acknowledged the execution of
the foregoing instrument and who, having been duly sworn, stated that any representations
therein contained are true. TH-
WITNESS my hand and Notarial Seal this I' -<lay of .:r U L.-- Y ,2005.
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T. /UICH4~L A/lJ7Y< 1M
Printed NOTARY PUBLIC
County of Residence: !171M I L.. )0 N
'6 ;/ 0 /07
. .
My Commission E;{pires:
This instrument was prepared by and after recordation shall be returned to Zeff A. Weiss, Ice
Miller, One American Square, Box 82001, Indianapolis, Indiana, 46282-0200, Telephone (317)
236-2319.
A-3
INDY 1573655v.l
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EXHIBIT A
REAL EST A TE 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 line 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 being the PLACE Or BEGINNING of the within described 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 Office of the Recorder of Hamilton County,
Indiana, as Instrument Number 9709754848 (the following eight courses being on the Westerly line
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 West 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
INDY 157365Sv.1
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Conn, Angelina V
Page 1 of2
Sent:
To:
Cc:
From: Tom Yedlick [tomyed2@yahoo.com]
Tuesday, June 21, 20054:19 PM
Conn, Angelina V
Tingley, Connie S; Hollibaugh, Mike P; Bernard Lally; Bernard Lally; Kent Broach; Mike Thyen; Mike
Donnelly; Russ Sveen
Subject: Re: BZA June 26 meeting agenda
Ms Conn,
Thanks for the response. Could you answer three questions. MM committed (I believe) during Mueller
North to complete extraction on both Mueller north and Carmel Sand properties before commencing
Mueller South extraction. Is that still part of this request? Second, the Mueller South approval
contained extensive committments re use of the current processing plant, including road improvements,
etc. Will those committments be modified to reco ize a chan e in the rocessin lant . n? Ifnot
will more changes to the Mueller South application be reqUIre w en the processing plant move is
requested? Are there any other committments associated with this amended application?
Since its everyones expectation that the plant will be moved, would it not make some logic for the BZA
to deal with an all inclusive, comprehensive "development package" for this project rather than
piecemealing it? That would include the 150 foot setback issue. Our neighborhood only supports an
extension for Mueller South extraction contingent upon all these issues coming together. If for some
unforseen reason Mueller south is extended, but the plant does not move or the setback issue is not
addressed, the neighborhood ends up with the worse possible situation, even though it all started out
with good intentions. We'd like to cover our exposure here.
Tom Yedlick
"Conn, Angelina V" <Aconn@Carmel.in.gov> wrote:
Tom:
I am not sure if the Remand will be heard. regarding approval to relocate the sand plant,
but the following item will be heard:
Martin Marietta Materials - Mueller Property South
Petitioner seeks commitment amendment approval to mine this
property after Mueller North.
Docket No. 05060014 CA commitment amendment
The site is located at the southwest comer of the intersection of East
106th Street and Hazel Dell Parkway. The site is zoned S-I/Residence
- Low Density. Filed by ZeffWeiss ofIce Miller for Martin Marietta
Materials, Inc.
Sincerely,
Angie Conn
Planning Administrator
Division of Planning & Zoning
6/22/2005
Conn, Angelina V
Wednesday, June 15, 2005 11 :38 AM
. Tingley, Connie S; 'weiss@icemiller.com'; 'zeff.weiss@lcemiller.com'
, MOfrissey, Phyllis G;Hollibaugh, Mike P;Keeling, Adrienne M; ,Kendall, Jeff A;
. Brewer, Scott I; 'Hancock, Ramona B; Brennan, Kevin S; Griffin, Matt L; Littlejohn,
David W; Wold, Alexia:K
Subject: Docket No. Assignment: (CA) Martin Marietta -Mueller Property South (#05060014
CA)
Connie,
, Please print this 'e-mail and update' the file (I have already 'e-mailed the contact person). I have
issued the necessary Docket Numb~r for (CA) Martin Marietta - Mueller Property South. It
will be the following: '..
Docket No. 05060014 CA
$1,030.00
Total Fee:
$1,030~00
Ma.rtin Marietta Materials - ~ueller P,ropertySouth
Petitioner seeks commitment amendment ,approval to mine this prop'erty after Mueller
~~. .. ,
,'Docket.No.05060014.C1\' commitment amendment
The site is located at the southwes't' comer of the intersection of'East l06th Street and
, . HazelD~11 Parkway.
The site is zo~ed S-l/Residence ~.Low Density.
Filed by Zeff Weiss of Ice Miller for Martin Marietta Materials~ Inc.
Petiti,oner, 'please note the :following:
1. This Item was .alr~ady on an agenda of the Technical Advisory Committee.
2. Mailed and Published P.ubfic Notlceneeds to occur no later than Friday, June 17,'2005.
Published notice isrequired )Vithin the Indianapolis Star. .
3. TheProofofNptice will need to be received by this Department no later th~n N~ON,
Friday, June 24,2004~. Failure to submit Proof of Notice by this time will result in the tabling of
'the petition. . .
4. The Filing Fee and Ninc'(9) Informational Packets must be delivered to BZA Secretary
Connie Tingley.no later than NOON, Friday, June 17, 2005. Failure to submit Informational
P.ackets by this time will result in the automatic tabling of the petition to the Monday, July 25,
2005 agenda of the; BZA..
5. This Item willappear on the June 27, 2005 agenda of the Board of Zoning Appeals
under Public Hearings.
6. The petitioner\vill need to provide a fully filled-out Findings-of-Fact sheets for each
peti.tion the. night oft~emeeting'for the Board's use (Sheet 8). On Ballot sheets, only fill out
docket number, p.etitioner, 'and date (Sheet 7). Ballot sheets must be collated~
7.) 'PETITIONER:.referto your instruction"sheet for more:details.
Petitioner.. ,please co'mplete the followin2:
l'~) Ple'ase provide a copy of t~e official list of adJoining proprieties from the Hamilton County
Auditor's ,Office.
2.) Please provide the Public Notice Affidavit page of the application a.fter public notice has been
made.
3.) Pleas.e~' show the m~eting time as 6pm in the public notice.
4.)Provide a redline and a clean copy of the changes inthe original commitments for Mueller
South.
5.) Please note that the Board will have to vote to suspend the rules to hear your petition ,since
only 10 days notice was met, rather th,an 25 days.
Please; contact Mr. Weiss at 236-2319 (Fax: 592-4788) with this information. Once the file is
updated please return itto'my office.
Thank you, .
Angie
, Conn; A'foIg'elihCi V'
'Subject:
Conn, Angelina V
Wednesday,' June 15, 200511.(38,AM
Tingley, 'Coh'nie S; 'weiss@ice'milh3r.com:";:"zeff.weiss@icemiller.com'
Morrissey, Phyllis G; Hollibaugh,- Mike P; Keeling, Adrienne M; Kendall, Jeff A; Brewer, Scott I;
Hancock, Ramona 8; Brennan; Kevin, S;, Griffin, Matt L; Littl~john, David W; Wold, Alexia K
Docket No.Assign~ent: (CA) Martin Marietta - 'M~eller Property South (#050p0014 CA)
'Fro'm:
Sent:'
'To:
Cc:
_.. - .~,.'. .-_"0"
Conni~, ,
Please 'print thise-mail'l.nd update the file (I have already e-maiied the 'contact person). I have issued the necessary Docket
Number for (CA) Mart.nMarietta - Mu~ller Property South. It will be the following:
Docket No. 05060014 CA
$ J ,Q30.00
TotalF~e:
$1,030.00
Martin Marietta Materials, - Mueller',Property South
Petitioner'seeks commitment amendmelJ.t approval,torriine this propertyaftetJ\1ueller North.
Docket No.05060014,CA commitmenfamendment "
The site,is located(ltthe~outhwest come~ofthe inters,ectio'n of East l06thStreet and Hazel Dell Parkway.
The ,site is zoned S'~ l/Residence: - Lo\Y' D~nsity.
Filed by Zeff Weiss of Ice Miller'for)\1artin Marietta Matetials~ Inc.,
Petitioner, please note the following:
1. This Item wa~ already on 'an agenda of the Technical 'Advisory Commiri:ee~. .'
'2. ,Mailed and Published Public Notice needs/to occur no later than Friday, June 17, 2005. Published notice is
required within the Indianapolis Sta~. , ,
3. , The Proof ofNoticcwilll1.~e4tobe received by thisDep~rtmentno later than NOON, Friday, June 24, 2004.
Failureto:subl}1it Proof of Notiqe oy this time will result in the tabling of the petition.
4. ".. The Fili."gFe.e~andNirie (9) Informational Packets must be delivered to'~BZA Secretary Connie Tingley no later
than NOON, Friday, June 17, 200S.Failure to submit Informational Packets by this time will result in the automatic
: tabling of the petition to th~ Monday, July 25, 2005, ag"erida of the BZA.
5. This I~em wilLappeatpn the June 27, 2005 agenda of the Board of Zoning Appeals under Public Hearings.
6. The petitioner willrieed to provide a :fully''filled-ou~Fjndings-of-Factsheets,foreach petition the night of the
'meetipg for the Board's use (Sheet 8). On Ballot sheets, only fi~lout docket-number, petitioner, and date (Sheet 7). Ballot
sheets must be collated.
7.) PETITIONER: refer to your instruction sheet for ~ore details.
Petitioner tt -please complete the' follo~in!!: . ,
1.) Please provide'a cbpyofthe officiafli'stof adjoining proprieties ~rom the Hamilton County Auditor's Office.
2.). Please provide the Public Notice' Aff}davit page of the applic~tion'after pubiic:notice has been made.
3.) Please show the meeting time as6 pm in the public notice. ,
4.)P,rovide a redlilieand a ,clean copy,of the changes in tbe original commitments for Muellet South.
,5.}Please note. that the Board will have to vote to suspend the rules to hear your petition ,since only 10 days notice was
met, rather than 25 days.
Please ~ontact Mr. Weiss at 236-2319 (Fax: 592~4788) with this"'information. Once the file is updated please return it to
m~ office.
Thank you,
Angie
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