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Home My WebLink AboutFindings of Fact .-.P .,~--.----- CARMEL/CLA YBOARDOF ZONING APPEALS - CARMEL~ INDIANA PETITIONER - MARTIN MARIETTA MA TERIALS~ 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 BALLOT The undersigned, having considered (i) the Application for Modification of Commitments filed herein by Martin Marietta Materials, Inc., (ii) the testimony and evidence in support thereof, (iii) the submittals and testimony of remonstrators, (iv) as well as statements and/or submittals of (a) the staff of the City of Carmel Department of Community Services, (b) other interested parties, as well as (c) counsel to petitioner, and otherwise being duly advised in the premises, now finds and states that applicant has established the criteria required for the Modification of Commitments under the Carmel/Clay Zoning Ordinance, and we hereby vote to approve such Application so as to substitute the commitment attached hereto as Exhibit A for Commitment lea) that was set forth in the Statement of Commitments adopted in respect of Docket No. 04040024 SU, which Statement of Commitments were recorded February 2, 2005, in the office of the Recorder of Hamilton County, Indiana, as Instrument No. 2005-00006560. Dated this 30th day of June, 2005. f Earlene Plavchak ~~~~ ~ee~U$ed '- Kent Broach INDY 1573655v.l CARMEL/CLA Y BOARD OF ZONING APPEALS - CARMEL~ INDIANA PETITIONER - MARTIN MARIETTA MA TERIALS~ 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 BALLOT The undersigned, having considered (i) the Application for Modification of Commitments filed herein by Martin Marietta Materials, Inc., (ii) the testimony and evidence in support thereof, (iii) the submittals and testimony of remonstrators, (iv) as well as statements and/or submittals of (a) the staff of the City of Carmel Department of Community Services, (b) other interested parties, as well as (c) counsel to petitioner, and otherwise being duly advised in the premises, now finds and states that applicant has established the criteria required for the Modification of Commitments under the Carmel/Clay Zoning Ordinance, and we hereby vote to approve such Application so as to substitute the commitment attached hereto as Exhibit A for Commitment lea) that was set forth in the Statement of Commitments adopted in respect of Docket No. 04040024 SU, which Statement of Commitments were recorded February 2, 2005, in the office of the Recorder of Hamilton County, Indiana, as Instrument No. 2005-00006560. Dated this 30th day of June, 2005. .. ~ ~ Leo Dierckman ~ James R. Hawkins Earlene Plavchak Madeleine Torres Kent Broach INDY 1573655v.l v ,. CARMEL/CLA Y BOARD OF ZONING APPEALS - CARMEL~ INDIANA PETITIONER - MARTIN MARIETTA MA TERIALS~ INC. MUELLER PROPERTY SOUTH SAND AND GRAVEL SPECIAL USE APPLICATION Docket No. 05060014 CA MODIFICA TION OF COMMITMENTS MADE IN RESPECT OF DOCKET NO. 04040024 SU BALLOT The undersigned, having considered (i) the Application for Modification of Commitments filed herein by Martin Marietta Materials, Inc., (ii) the testimony and evidence in support thereof, (iii) the submittals and testimony of remonstrators, (iv) as well as statements and/or submittals of (a) the staff of the City of Carmel Department of Community Services, (b) other interested parties, as well as (c) counsel to petitioner, and otherwise being duly advised in the premises, now finds and states that applicant has established the criteria required for the Modification of Commitments under the Carmel/Clay Zoning Ordinance, and we hereby vote to approve such Application so as to substitute the commitment attached hereto as Exhibit A for Commitment lea) that was set forth in the Statement of Commitments adopted in respect of Docket No. 04040024 SU, which Statement of Commitments were recorded February 2, 2005, in the office of the Recorder of Hamilton County, Indiana, as Instrument No. 2005-00006560. Dated this 30th day of June, 2005. Leo Dierckman James R. Hawkins ~~~~ Earlene Plavchak Madeleine Torres Kent Broach INDY 1573655v.l EXHIBIT "A" MARTIN MARlETT A MA TERIALS~ INC. MUELLER-PROPERTY SOUTH SAND AND GRAVEL SPE,CIAL 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 EST ATE 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 Estate"). 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 the Carmel Sand Plant is located, all in accordance with the Statement of Commitments in Docket No. 05010021 SUo Martin Marietta shall be permitted 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 Carmel Sand Plant properties as its primary source for raw material until the sand and gravel reserves thereon are exhausted. A-I INDY 1573655v.l t The above referenced commitment is hereby deemed a part of and subject to the same terms and conditions an.d enforcement rights as are set forth in the Statement of Commitments issued in respect of Docket No.. 04040024SU, 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. IN WITNESS WHEREOF, Martin Marietta has caused the execution of this instrument this 27th day of June, 2005. MARTIN MARIETTA MATERIALS, INC. By: John J. Tiberi, Vice President/General Manager 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 Vice Preside'nt/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 27th day of June, 2005. Signature Printed NOTARY PUBLIC My Commission Expires: County of Residence: A~2 INDY 1573655v.l E. & H. MUELLER DEVELOPMENT, LLC, an Indiana limited liability company By: Signature Its: Printed Name and Title STATE OF INDIANA ) ) SS: COUNTY OF ) Before me, a Notary Public in and for said County and State, personally appeared , 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. WITNESS my hand and Notarial Seal this day of , 2005. Signature Printed NOT AR Y PUBLIC My Commission Expires: County of Residence: 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 i EXHIBIT A REAL EST ATE DESCRIPTION Part of the North Hall 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 Nort~ 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 OF BEGINNING of the within described real estate; thence South 00 degrees 11 minutes 12 seconds West on the West Hneof said East Half 1,716.00 feet; thence South 89 degrees 55 minutes.S6 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 ofscaidSection 9; thence South 00 degrees 11 minutes 33secondsWestQn the West line of said East Half 156. 75 feet; thence South 89 degrees 55 minutes 56.seconctsEast parallel with the North lineo.f.said Section 9,8 distance of 919..68 feet to the Westerly liheof 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 91C>9754848 (the following eightcoursesbeing'on the Westerly line of said real estate); 1.) thenceN:orth 08 degrees 36 minutes 31seco'ndsEast 885.22 feet; 2.) thence North 02 dsgrees 53.minutes 53 seconds East 201.00 feet; 3..) thence North 08 degrees 36minlJtes31 Sec?ndsEast660.61f~et; 4.)thence N9rth29~~~tee~:48minutes 29 seconds West 55.591eet; 5.) thence NQrth 80 degrees 51 minutes 37seconds'VVest 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 57.551eet; 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 minlJtes 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 1573655v.l