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COMMITMENT AMENDMENT
Petition to modify Commitments made in a previous petition to change the
Official Zoning Map as incorporated into the Carmel/Clay Zoning Ordinance
Fee: $1,030.00
APPROVAL APPLICATION
Date: June 15, 2005
IN THE MATTER OF
MARTIN MARlETT A MATERIALS INC.
MUELLER PROPERTY SOUTH
SAND AND GRAVEL SPECIAL USE APPLICATION
Docket No. 01010024-SU
Owner:
E. & H. Mueller Development, LLC
11173 Hazel Dell Parkway
Indianapolis, Indiana 46280
Phone No. 317-773-2190
Fax No. 317-773-5320
and
Martin Marietta Materials, Inc.
1980 E. 116th Street, Suite 200
Carmel, Indiana 46032
Phone No. 317-573-4460
Fax No. 317-573-5975
This Petition pertains to the 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, as more
particularly described .onExhibit A,attached hereto and incorporated herein by this reference
(hereinafter referred to as- "Mueller South").
The undersigned property lessee within the City of Carmel ("Petitioner") hereby petitions to
modify the commitments made concerning the use or development of Mueller South ("the
Statement of Commitments"), and in support of this Petition, the undersigned states:
(1) E. & H. Mueller Development,LLC owns property both north and south of 106th Street
in the City of Carmel. Martin Marietta, as lessee, has an interest in the property north of
106th Street, which is more particularly described on Exhibit B, and which is hereinafter
referred to as "Mueller North." The Statement of Commitments in the instant docketed
matter pertain only to the mining operation on Mueller South.
(2) In accordance with Item lea) of the Statement of Commitments pertaining to general
operational commitments,' Martin Marietta is to commence sand and gravel operation on
INDY 1562697v.4
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Mueller South in 2004 and continue for 3 to 5 years, depending on market conditions.
Item l(a)'of the Statement of Commitments further provides that the permit to operate a
mining operation on Mueller South, shall expire seven (7) years from the commencement
of sand and gravel extraction.
(3) Subsequent to the entry of the Statement of Commitments referred to herein, in
connection with mining operations on Mueller North, certain adjoining property owners
approached Petitioner requesting that Petitioner exhaust surface mineral reserves upon
Mueller North before proceeding further in respect of mining upon Mueller South.
(4) Petitioner would agree to this'request if the time within which Petitioner was allowed to
complete mining of Mueller, . South was extended so that it commenced upon the
completion of mining operations on Mueller North and the land upon' which "the-Carmel
Sand Plant is situated.
(5) Petitioner respectfully represents that the public will be benefited by modification of the
Statement .of Commitments referenced above by modifying the timing of mining
operations,on Mueller South~
Wherefore, Petitioner respectfully requests that the Board of Zoning Appeals ,approve this
Petition and modify the Statement of Commitments referenced above in this cause.
Respectfull ysubmi tted,
MARTIN MARlETT A MATERIALS, INC.
By:
yt(Ztr(} AyE3/+
Its:
Martin Marietta Materials, Inc.
Property Lessee
Tax Parcel' 17 -14-09-00-00-003.000
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INDY 1562697v.4
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EXHIBIT A
MUELLER PROPERTY SOUTH
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 comer 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 comer of the East Half of the Northwest Quarter of
said Section 9, said comer being the PLACE OF 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 document 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 1966.06 feet to the place
of beginning, containing 96.921 acres, more or less.
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EXHIBIT B
MUELLER PROPERTY NORTH
Legal DescriDtion
Part of the South Half of Section 4, .Township17 North, Range 4 East of the Second Principal
Meridian in Clay Township, Hamilton County, Indiana,described as follows:
Beginning at the Southwest corner 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 of
3,302.24 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 154.1 0 feet North of the Southeast corner of the North Half of said Southwest Quarter; thence
North 89 degrees 55 minutes 56 seconds West on said line 1,718.86 feet to the aforesaid point on
the East line of said Southwest Quarter, being 'also the East line of KINGSWOODSUBDIVISION,
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 01Plat 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 corner of the North
Half of said Southwest Quarter; thence North 89 degrees 51 minutes 18 seconds Weston the
South line of the North Half of said Southwest Quarter 1 ,521.03 feet to the Northeast corner of real
estate conveyed to the City of Carmel, Indiana, per a Deed recorded in the Office of the Recorder
of Hamilton County, Indiana, on page 865 of Deed Record 329, said corner being 1,146.65 feet
East of the Northwest corner 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 bymeasurement)to the Southeast corner of said real estate, said corner 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 frama point on the West line of said Southwest
Quarter that is 406.45 feet North of .the Southwe:st corner of said Section 9; thence North 89
degrees 51 minutes 29 secondsWest.on said line and the Westerly prolongationthereof,a total
distance of 1 ,145.58 feet, per the aforesaid deed, ( 1 ,144.55 feet, by measurement) to the aforesaid
point on the West line of said Southwest Quarter, said point being also the Southwesterly corner
of real estate conveyed to. the City of Carmel,lndiana, by a Warranty Deed recorded..insaid
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.
INDY 1562697v.4
MARTIN MARIETTA MATERIALS, INC.
MUELLER PROPERTY SOUTH
CARMEL/CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
APPLICATION TO MODIFY COMMITMENTS
Docket No. 05060014 CA
FINDINGS OF FACT
Martin Marietta Materials, Inc. ("Martin Marietta") has applied to the Carmel/Clay
Advisory Board of Zoning Appeals ("BZA") for a modification of Commitment No. 1 (a)
originally made in respect of Docket No. 04040024 SU, which was the subject of Martin
Marietta's application for sand and gravel operations on the property commonly known as the
Mueller Property South (the "Original Application"). The Original Application was approved on
December 13, 20C#. Martin Marietta also filed an application in respect of sand and gravel
operations pertaining to the property commonly known as Mueller Property North, which
application was considered by the BZA under Docket No. 05010021 SU (the "Mueller North
Application"). In connection with the approval by this BZA of the Mueller North Application,
Martin Marietta agreed to petition the BZA to modify Commitment 1 (a) made in connection with
the Original Application so as to modify the sequence of the sand and gravel mining operations
on Mueller Property South and Mueller Property North, so as to pennit the mining operations on
Mueller Property North to commence and be completed prior to completion of the sand and
gravel mining operations on Mueller Property South.
The BZA, having considered the Application of Martin Marietta to modify the Statement
of Commitments made in connection with its Original Appl.ication, and having considered the
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comments and statements of Martin Marietta, the Department of Community Services,
INDY 1573742vl
remonstrators and other interested parties present, now finds that it is in the best interest of the
community to permit Martin Marietta to modify Commitment l(a) of the said Statement of
Commitments so as to permit sand and gravel mining activities to commence on Mueller
Property North and, as a result thereof, to extend the period oftim,e within which Martin Marietta
may operate its sand and gravel operations on Mueller Property South as more particular
described in the proposed. Modification of Commitments submitted by Martin Marietta in
connection with this Docket No. 05060014 CA in the form attached hereto as Exhibit A which is
incorporated herein by this reference.
DECISION
IT IS, THEREFORE, the decision of the Carmel/Clay Board of Zoning Appeals that the
Application of Martin Marietta Materials, Inc. to modify its Statement of Commitments as
described above is hereby granted.
Adopted this 30th day of June, 2005.
Chairperson, Carmel/Clay Board of Zoning Appeals
Secretary, Carmel/Clay Board of Zoning Appeals
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INDY 1573742vl
EXHIBIT "A"
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302005
IJOCS
MARTIN MARIETTA MATERIALS" 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 Estate").
Statement of COMMITMENTS:
General Operational Commitments
Martin Marietta hereby agrees that Commitment l(a) 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, agre'es 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.
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INDY 1573742vl
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.
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 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 27th day of June, 2005.
Signature
Printed
NOTARY PUBLIC
My Commission Expires:
County of Residence:
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INDY 1573742vl
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
NOTARY 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.
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INDY 1573742vl
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 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 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 148.001eet; 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 1eet 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.
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INDY 1573742vl
EXHIBIT "A"
MARTIN MARIETTA MATERIALS" 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
COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL EST A TE
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 l(a) 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. 05010021SU. 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 us~ the Mueller North and Carmel
Sand Plant properties as its primary source for raw material until the sand
and gravel reserves thereon are exhausted.
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INDY 1573655v.l
The aboye 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.
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 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 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. .
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INDY 1573655v.l
EXHIBIT A
REAL ESTATE DESCRIPTION
PsrtoftheNorthHall'of.S'ection 9, Township 17 North, Range 4 East of the Second Principal
Meridian lnClayTownship., ,Hamilton County, Indiana, described as follows:
Comrneneingat the Northwest corner of Section 9" Township 17 North, Range 4 East of the
Second'Princi~aIMericdianillClay Township, Hamilton County, Indiana'; thence South 89 degrees
55 minlltes56$~C()ndS~a!~t(aSSumed bea!ring~on the Northlih.eofsaidSection 9, a distance of
1,33S.l8feettotheNorthwest corner of the East Half of the Northwest Quarter of said Section 9,
saidcorh-er being the PLACEEOF BE'G1NNINGofthe withindescritledreal estate; thence South 00
degrees 11 minutes 12 seconds West an the West line of said 'East Half 1,71'6.00 feet; thence
South 89 degrees 55 'minutes 56 seconds East parallel with,theNorthline of said Section 9, a
distance of 1 ,336.01 feet tp the West line of the East Half of. said Section 9; thence SOlJth 00
degrees11minutes'33sec,onds Weston the West line of saicfEastHalf 156.75 feet; thence South
89 degrees 55rnln~teS:~6~econds East.paranel..withthe..No~hli'neOf'$~ldSection 9, a. distance
of9t9.,68fe~t tOlhe'4'e~st~rly line of realestateconveyedtothe'9it~:9f:Carrnel, Indiana, by a
documente'Ct titled:"Certification. of. 91erk" recorded .inthe Office:ofthe>Rec0fds'rof Hamilton..County,
Indiana,as.lnstrumentNumber 910915484S.(thefollowing eightcou~sest.>~ing..on the Westerly line
of said real estate); t.l thence North 08 degrees 36minutes31~ec,onds East 885.22 feet; 2.)
thenceN?rth..02d.e~JFeeS,53minutes53seconds. east201.00fe~t; 3~)th~nce. North 08 degrees
36 minutes31se~ehdsEa!st660.61"fe:ti4.) thence Nerth 29de~Eee$48minutes 29 seqends West
55.59 feet; 5.)thence.North80degrees'51 minutes 37 secondsWest.S03.34 feet; 6.).thence North
89 deg:rees03rninutes to seconds West 148.,00 feet; 7.) thence North 60 degrees 14 minutes 56
seconds West 57.55fee\;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 Soutti89 degrees 55 minutes 56
seconds East of the. Southwest cornarof said Section 9; tnence 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.
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INDY 1573655v.l
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MARTIN MARIETTA MATERIALS.. 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 Estate").
Statement of COMMITMENTS:
1. General Operational Commitments
(a) Martin Marietta hereby agrees that Commitment l(a) 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 conn~ction 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 exhaustedo
The above referenced I 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
INDY 1570813v.l
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.
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, p,ersonally 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 27th day of June, 2005.
Signature
Printed
NOTARY PUBLIC
My Commission Expires:
County of Residence:
2
INDY 1570813v.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
NOTARY 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.
3
INDY 1570813v.1
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EXHIBIT A
REAL ESTATE DESCRIPTION
Part of the North Half of Section 9, Township 17 North, Range 4 Eas~ 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 sec'onds 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 OF 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 Seption 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.
INDY 1570813v.l