106th/Gray - Mueller Settlement Agreement Cro s Reference: Deed Record 150 p. 552; Deed Record 3304), 16 Instrument No. 95- 57535; Instrument
No. T0-24710
SETTLEMENT AGREEMENT
This agreement "Agreement is made effective as of this 27 day of August 2001 by
and between The Helen M. Mueller Conservatorship "Mueller E. H. Mueller
Development Company, LLC "E. H. Martin Marietta Materials, Inc. "Martin and
the City of Carmel, Indiana by and through its Board of Public Works and Safety "City
RECITALS:
WHEREAS, on September 16, 1997 City commenced an action in Hamilton County,
Indiana (Cause No. DO1- 9709 -MI -542) seeking to condemn real estate owned by Mueller,
consisting of approximately ten (10) acres together with associated land improvements and other
interests (collectively, the "Roadway Real Estate and needed by the City for the construction of
a public right of way known as Hazel Dell Parkway (the "Project and
WHEREAS, on November 12, 1997 the Court in such cause appointed appraisers to
determine the fair market value of the Roadway Real Estate and any damages and benefits
accruing to the residue of Mueller's property adjoining the Roadway Real Estate; and
WHEREAS, such appraisers determined that Three Hundred Nine Thousand Nine
Hundred Fifty Dollars ($309,950.00) constituted such fair market value and such appraisers filed
their report on December 4, 1997; and
WHEREAS, within the applicable statutory time period Mueller filed objections to the
report of such appraisers following which the court in such cause set the matter over for trial on
July 23, 2001; and
WHEREAS, on or about July 20, 1998, Mueller withdrew such Three Hundred Nine
Thousand Nine Hundred Fifty Dollars ($309,950.00); and
WHEREAS, Mueller alleges that a portion of Mueller's property consisting of
approximately 29.628 acres and lying east of the Hazel Dell Parkway (herein referred to as
"Parcel B suffered severance damages as a result of the Project; and
WHEREAS, City upon further investigation and review of such allegations, likewise
determined that severance damages exist in connection with Parcel B as a result of the Project;
and
WHEREAS, the legal description of Parcel B is attached hereto and incorporated herein
as Exhibit A; and
WHEREAS, Parcel B and a portion of Mueller's property located west of Hazel Dell
Parkway is subject to a long -term lease agreement for mineral extraction between Mueller as
landlord and Martin as tenant (the "Lease and
WHEREAS, City has determined that City's Utility Department is able to utilize Parcel
B for the benefit of the City; and
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
BEST POSSIBLE IMAGE 03 -07 -2002 02:57 pm.
ALL PAGES AGREEMENT 105.00
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WHEREAS, Mueller and the City now desire to settle their dispute pursuant to the terms
of this Agreement; and
WHEREAS, this Agreement is subject to (a) approval of the court that has jurisdiction
over Mueller's conservatorship and (b) Mueller's ability to procure a partial release of the Lease
which partial release shall limit Martin's rights to extract minerals pursuant to the Lease as more
specifically set forth herein.
NOW, THEREFORE, in consideration of the foregoing Recitals, all of which are
incorporated herein by this reference, the following mutual covenants and other good and
valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, the
parties agree as follows:
1. Compensation. In addition to the amount of Three Hundred Nine Thousand Nine
Hundred Fifty Dollars ($309,950.00) previously paid to Mueller by the City for
the Roadway. Real Estate, at the Closing (as hereinafter defined) the City shall pay
Mueller the sum of Five Hundred Forty Thousand and No /100 Dollars
($540,000100) for Parcel B. Mueller and E. H. shall, within fifteen (15) days
following execution of this Agreement and approval hereof by the court having
jurisdiction over Mueller's conservatorship but in no event later than October 1,
2001 (the "Closing convey Parcel B to the City by general warranty deed
subject only to: (a) the lien for taxes not delinquent, and (b) that certain sanitary
sewer easement agreement between Mueller and the Town of Carmel dated June
28, 1973 and recorded in Book 267, Page 231 in the Office of Recorder of
Hamilton County, Indiana.
2. Partial Release of Lease/New Agreement with City. Effective as of the Closing,
the Lease shall be terminated and released as to Parcel B and the Path Easement
Parcel (as hereinafter defined). However, upon the request of Martin at any time
during the term of the Lease, City shall enter into one or more agreements with
Martin mutually acceptable to City and Martin that, subject to the procurement
by Martin of all necessary approvals from all applicable governmental authorities,
including without limitation, all zoning approvals, variances and other approvals
required by law, allows Martin:
(a) the right and easement of underground ingress and egress to and from
property mined by Martin (other than Parcel B) and to and from other
property mined by Martin (other than Parcel B) and located under Parcel B
generally near the intersection of Hazel Dell Parkway and 106 Street (as
if extended east of Hazel Dell Parkway), but in an exact location
acceptable to City and which does not interfere with (i) any surface use by
City of Parcel B, or (ii) any subsurface use of Parcel B by the City related
to City's intended use of Parcel B for water wells, a water utility plant and
similar uses; and
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(b) the right, to mine under Parcel B at a depth, location and upon such other
terms, conditions and indemnities contained herein and otherwise
reasonably imposed by City such that Martin's exercise of such mining
rights does not interfere with City's use of Parcel B; and
(c) the right to mine under the Path Easement Parcel (as hereinafter defined)
at a depth, location and upon such other terms, conditions and indemnities
contained herein and otherwise reasonably imposed by City.
Martin's right to mine under Parcel B and the Path Easement Parcel, subject to the
procurement of the afore described approvals, shall in no event extend beyond the
sum of the original twenty (20) year term of the Lease (a true copy of which is
attached hereto and incorporated herein as Exhibit B), plus any of the four (4) five
(5) year options to extend if in fact exercised by Martin, its successors and assigns
(the "Term
3. Additional Provisions regarding Martin's Mining Operations. The right to mine
beneath Parcel B and the Path Easement Parcel shall be governed by the
following provisions:
(a) Martin's rights shall include the right of access for ingress and egress
under Parcel B and the Path Easement Parcel to tunnel, mine, and remove
gravel, stone, and other aggregate; and to remove from other properties
and transport under the Parcel B and the Path Easement Parcel, rock,
stone, gravel, sand, limestone and /or minerals as may exist under the
Parcel B and the Path Easement Parcel and other properties owned or
controlled by Martin as of the date on which this Agreement is executed
by all parties hereto, 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 Martin's
exercise of its rights hereunder. Notwithstanding the foregoing, Martin
hereby acknowledges that the City will install within Parcel B
underground equipment by which to perform City's utility service which
service will not be interrupted and/or disturbed by Martin.
(b) Indemnification. During the Term and for a period of two (2) years
thereafter, Martin shall indemnify, defend and save harmless the City from
and against all claims, judgments, liabilities, fines, penalties or expenses
caused by Martin's exercise of its rights hereunder. In the event that legal
action is necessary by either party to enforce any provision of this Section
3(b), the prevailing party shall be entitled to recover from the non-
prevailing party the expenses thereof, including reasonable attorneys' fees.
(c) Removal of Equipment and Reclamation. Unless otherwise agreed to in
writing by the City, Martin shall remove all of the equipment and related
facilities of Martin under Parcel B and the Path Easement Parcel within
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one hundred twenty (120) days after the termination of Martin's rights
under this Section 3(c). Martin agrees and covenants with the City that
Martin will, at its sole expense, complete any reclamation obligation in
accordance with applicable law within one (1) year from the date Martin's
mining operations under the Parcel B and the Path Easement Parcel are
terminated or such other time as required by law.
(d) Subjacent Support. Martin's 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 Parcel B and the Path Easement Parcel. Martin
shall conduct all such operations beneath Parcel B and the Path Easement
Parcel in such a manner as to maintain adequate subjacent support for
pedestrian and vehicular use of the Parcel B and the Path Easement Parcel.
(e) Martin's right to mine under Parcel B and the Path Easement Parcel shall
be without the payment of rents or royalties by Martin to the City.
4. Grant of Right of Way for 106 Street. At Closing, or at such later time
determined by City, Mueller and E. H., as their interests shall appear, shall
convey to the City, by general warranty deed, right of way for 106 Street
(between Gray Road and Hazel Dell Parkway) such that after such grant, the total
right of way width lying north of the existing centerline of 106 Street shall be
forty-five (45) feet. Such conveyance by Mueller shall not adversely affect access
from 106 Street to Mueller's remaining property. The property of Mueller and E.
H. subject to this Section 4 is described on Attachment 1 attached hereto and
incorporated herein.
5. Mueller's Grant of Right of Way for Intersection Improvements. At Closing or at
such later time determined by City, Mueller and E. H. as their interests shall
appear, shall convey to the City, by general warranty deed, a sufficient amount of
real estate not to exceed .0861 acres at the northeast quadrant of the existing
intersection of Gray Road and 106 Street for the construction of right of way
improvements for the intersection of Gray Road and 106 Street. Such
conveyance by Mueller and E. H. shall not adversely affect access from 106
Street to Mueller's remaining property. The property of Mueller and E. H.
subject to this Section 5 is described on Attachment 1 attached hereto and
incorporated herein.
6. Martin's Grant of Right of Way for Intersection Improvements. At Closing, or at
such later time determined by City, Martin shall convey to the City, by general
warranty deed, a sufficient amount of Martin's real estate not to exceed .1736
acres at the southeast quadrant of the existing intersection of Gray Road and 106
Street and a sufficient amount of Martin's real estate not to exceed .4342 acres at
the southwest quadrant of the existing intersection of Gray Road and 106 Street
all for the construction of right of way improvements for the intersection of Gray
Road and 106 Street. Such conveyance by Martin shall not adversely affect
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t1- 1
access from 106 Street to Martin's remaining property. The property of Martin
subject to this Section 6 is described on Attachment 2 attached hereto and
incorporated herein.
7. Relocation of Intersection Improvements. Mueller, E. H. and Martin
acknowledge that the design of the intersection improvements for Gray Road and
106 Street may change due to field conditions related to the existence of a
Marathon Oil Co. pipeline easement. If design considerations indicate a change
to the location of the center of the intersection, Martin, Mueller and E. H.
acknowledge that more or less acreage than what is referred to in Sections 5 and 6
hereof may be required of them and Martin, Mueller and E. H. hereby consent
to such changes, provided that the aggregate size of the intersection improvements
does not increase from what is depicted in Attachment 3 attached hereto and
incorporated herein (i.e., 1.34 acres from the northeast quadrant and 0.42 acres
from the southeast quadrant).
8. Martin's Assistance with Construction of Water Utility. During the term of the
Lease, any fill dirt generated by Martin (herein "Fill in the ordinary course of
Martin's operations on any real estate which is accessed by Martin via Hazel Dell
Parkway (the "HD Property shall be stored on HD Property and made available
to City free of charge for City's use in the construction of a water or other utility
plant and associated improvements on Parcel B. From time to time during the
term of the Lease and at the request of City, Martin shall, solely at Martin's
expense, deliver such available quantity of stored Fill to Parcel B as is requested
by City.
9. Martin's De- watering Operations. During the term of the Lease, whenever Martin
pumps, diverts, relocates or otherwise moves water on the HD Property in
connection with Martin's mining operations "De- Watering Activity Martin
shall make such water available to City free of charge; however, City shall not be
obligated to accept water from Martin. When City accepts water from Martin,
City shall incur and pay any and all costs and expenses required to transport said
water from the HD Property to other property owned or used by City. Further,
City shall indemnify, defend and save Martin harmless from any and all liability,
loss, damage, cost, obligation and expense which directly arises out of or results
from City's receipt, transport or other use of such water, except to the extent that
such liability, loss, damage, cost, obligation and expense is caused by the
negligent act, whether of commission or omission, of Martin, its employees,
agents, or contractors. Notwithstanding the provisions of the immediately
preceding sentence, City's obligations set forth in this Section shall be limited to
the exposure of and liability of City as a governmental entity, including without
limitation, actions and conditions as to which City is immunized by the Indiana
Tort Claims Act and the exemption from punitive damages, such that City's
liability shall not exceed what might have been its liability to any claimant after
all appropriate defenses had been raised by City.
5
10. Installation of Water Wells on HD Property. City shall, from time to time, have
the right to install, at City's expense, water wells on the HD Property upon terms
and conditions reasonably acceptable to Martin, but without the payment of rents,
royalties, charges or fees by City to Martin.
11. Permanent Easement for Multi -use Path Purposes. At the time of Closing, or at
such later time determined by City, Mueller and E. H. as their interests shall
appear, shall grant and convey to City a permanent easement upon, over, through
and across that portion of the real estate of Mueller and E. H. depicted and
shown on Exhibit C attached hereto and incorporated herein (the "Path Easement
Parcel The Path Easement Parcel shall be dedicated to and for the use and
benefit of the public for purposes of providing a ten foot (10') wide public path for
walking, running, hiking, roller blading, bicycling and other forms of pedestrian,
nonmotorized access, as well as for use by motorized and non motorized City
maintenance vehicles. The Path Easement Parcel shall be used to connect the
existing path system serving Carmelot Park to any future path within the right of
way of 106 Street between Gray Road and Hazel Dell Parkway. Except as
provided in Section 2(b) hereof, Martin shall not have any rights to mine or
otherwise utilize or occupy the Path Easement Parcel. The terms of the
permanent easement agreement for the Path Easement Parcel shall be as set forth
on Exhibit D attached hereto and incorporated herein. Such conveyance by
Mueller and E. H. shall not adversely affect access from 106 Street to
Mueller's remaining property.
12. City's Right to Relocate Path Easement Parcel. If an artificial lake is created in
the vicinity of the "possible future lake area" shown and depicted on Exhibit C,
and when the intersection improvements contemplated by Sections 5 and 6 are
made, City shall have the right solely at City's expense to relocate the Path
Easement Parcel within the area included as the boundaries of Exhibit C and in a
specific location that is reasonably acceptable to Mueller and the City so that
portions of the route are proximate to the artificial lake and outside, but adjacent
to any right of way enlargements associated with such intersection improvements.
In addition, at one or more (but not more than three (3)) locations where the route
is so proximate to the artificial lake, City shall be permitted to expand the Path
Easement Parcel to accommodate path improvements and accoutrement,
including without limitation, picnic tables, playground equipment, benches and
shelters. Such expansions shall be of a shape, configuration and design
determined by City, reasonably satisfactory to Mueller, and not larger than 0.10
acres each. At the time of any such relocation of the Path Easement Parcel, City
shall cause to be prepared and recorded in the Hamilton County, Indiana
Recorder's Office a revised description of the Path Easement Parcel. City shall
upon any such relocation of the Path Easement Parcel, vacate and release of
record the prior description of the Path Easement Parcel, demolish and remove
any improvements related thereto and return the disturbed area to its natural
condition by rough and finish grading and seeding of such area.
6
13. Mueller's Future Efforts to Rezone Six Acre Parcel. Attached hereto and
incorporated herein as Exhibit E is a site plan and depiction of Mueller's real
estate subject to the Lease. Mueller desires to rezone from S -1 (Residential) to a
zoning classification permitting office and retail uses (including gas sales and
convenience store) the six (6) acre tract shown thereon at the northwest corner of
the intersection of 106 Street and Hazel Dell Parkway. City and its Department
of Community Services, which serves as the staff of the Plan Commission
pursuant to the Carmel Clay Zoning Ordinance, will support the reclassification of
the real estate to a zoning classification(s) permitting office and retail uses
(including gas sales and convenience store) and any proposal by Mueller to
rezone such six (6) acre tract so long as the rezoning would be consistent with the
City's comprehensive plan adopted under I.C. 36 -7 -4 -500 et seq., and the rezoning
proposal contains a commitment, pursuant to I.C. 36 -7 -4 -615, that Mueller will
not oppose any future attempt by the City to annex such tract.
14. Mueller's Right of First Refusal to Repurchase. During the first ten (10) years
following the sale of Parcel B to the City, Parcel B shall be used only for .public
uses and mining by Martin. Violation of such requirement by City, its lessees,
licensees, grantees or assignees beyond the notice and cure period set forth herein
shall give Mueller the right to repurchase Parcel B for Five Hundred Forty
Thousand and No /100 Dollars ($540,000.00). In the event that, during the second
ten (10) years following the closing of the sale of Parcel B to City, City receives a
written offer to sell all or part of Parcel B which City desires to accept, Mueller
shall have the right and option for a period of thirty (30) days following written
notice to Mueller containing a copy of such offer, to repurchase all or such
portion of Parcel B for the price and on the terms set forth in such offer. City
shall have a period (the "Cure Period of thirty (30) days after written notice of
City's violation of this Section 14 to cure the same and an event of default shall
not be deemed to exist during the Cure Period, provided further that if City
commences to cure such failure during the Cure Period and is diligently and in
good faith attempting to effect such cure, the Cure Period shall be extended for up
to sixty (60) additional days, but in no event shall the Cure Period be longer than
ninety (90) days in the aggregate.
15. Removal of Refuse from Mueller Property. Within thirty (30) days following
execution of this Agreement, Mueller shall remove from the Mueller Real Estate
all rubbish and refuse to the reasonable satisfaction of City and dispose of same in
accordance with all applicable laws, rules, regulations and ordinances.
16. Vacation of River Road. City has no objection to the vacation by Mueller and
Martin of River Road south of 106 Street inasmuch as (and as long as) such
portion of River Road is not within the jurisdictional authority of the City.
17. Authority of Undersigned. The undersigned persons executing this Agreement on
behalf of Mueller, City and Martin, respectively, each represents and certifies that
he or she is duly authorized and is fully empowered to execute and deliver this
Agreement to the other parties hereto.
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18. Assignment; Binding Upon Successors and Assigns. The rights and obligations
created herein shall run with Parcel B, the Path Easement Parcel and all other real
estate described or referred to herein. This Agreement shall be binding upon and
shall inure to the benefit of the parties, their heirs, successors and assigns.
19. No Implied Waiver. No consent or waiver, express or implied, by any party to any
breach or default by any other party in the performance of obligations hereunder
shall be deemed or construed to be a consent or waiver to any other breach or
default in the performance of other obligations of such other party. Failure on the
part of any party to declare any other party in default, irrespective of how long
such failure continues, shall not constitute consent or waiver of the rights of such
party.
20. Amendments. Except as otherwise herein provided, any and all amendments,
additions or deletions to this Agreement shall be null and void unless approved by
the parties in writing.
21. Notices. Any and all notices, demands, requests, submissions, approvals,
consents, or other communications or documents required to be given, delivered
or served or which may be given, delivered or served under or by the terms and
provisions of this Agreement or pursuant to law or otherwise, shall be in writing
and shall be deemed to have been duly given, delivered or served if and when sent
by certified mail, return receipt requested, first -class postage prepaid thereon and
deposited with any regularly maintained United States Postal Service facility and
addressed, if to Mueller or E. H. at:
Mr. and Mrs. Ery Bruks and Mr. Eric Clark
11173 Hazel Dell Parkway 14333 N. Gray Road
Indianapolis, IN 46280 Carmel, IN 46033
with a copy to:
J. Michael Antrim, Esq.
CHURCH, CHURCH, HITTLE ANTRIM
938 Conner Street, P.O. Box 10
Noblesville, IN 46060
if to City at:
Utilities Director
City of Carmel
One Civic Square
Carmel, Indiana 46032
8
with a copy to:
Robert A. Hicks, Esq. and Douglas C. Haney, Esq.
Hall, Render, Killian, Heath Lyman, P.S.0 City of Carmel
One American Square, Suite 2000 One Civic Square
Indianapolis, Indiana 46282 Carmel, Indiana 46032
if to Martin at:
Mr. Robert M. Furlong
Vice President General Manager
Martin Marietta Materials, Inc.
P.O. Box 549
Carmel, Indiana 46032
with a copy to:
Ms. Paula J. Buehrer
Real Estate/Projects Manager
Martin Marietta Materials, Inc.
780 N. Valley Road
Xenia, OH 45385
or to such other address as a party may from time to time designate by written
notice to the other parties. The date of mailing shall be deemed to be the date of
such service.
22. Captions. The titles and article or paragraph headings are inserted only for
convenience and are in no way to be. construed as part of this Agreement or as a
limitation on the scope of the particular provisions to which they refer.
23. Severability. If any term, covenant, condition or provision of this Agreement or
the application thereof to any person or circumstances shall to any extent be
invalid or unenforceable, the remainder of this Agreement or the application of
such term of provision to persons or circumstances other than those as to which it
is invalid or unenforceable shall not be affected thereby and each term, covenant,
condition and provision of this Agreement shall be valid and enforced to the
fullest extent permitted by law.
24. Governing Law. This Agreement shall be interpreted and construed under and
governed by the laws of the State of Indiana.
25. Construction. Words of any gender used in this Agreement shall be held to
include any other gender, and words in the singular shall include the plural (and
vice versa) when the sense requires.
9
26. Entire Agreement. This Agreement shall constitute the entire agreement between
the contracting parties regarding the subject matter hereof, and no variance or
modification thereof shall be valid and enforceable except by supplemental
agreement, in writing, executed and approved by all parties in the same manner as
this Agreement.
27. Counterparts. This Agreement may be executed in any number of counterparts,
each one of which shall be considered an original.
28. Standards of Consent. Where any provision of this Agreement requires the
consent or approval of a party hereto, such party shall not unreasonably withhold
condition, or delay such consent or approval, except as otherwise expressly
provided herein (such as by words to the effect of "sole" and/or "complete"
discretion). Where any provision of this Agreement requires a party to do
anything to the satisfaction of the other party, each party agrees that it will not
unreasonably refuse to state its satisfaction with such action by the other party. If
a party request the other party's consent, approval or statement of satisfaction with
respect to any matter hereunder, a failure of a party to reply to such request within
thirty (30) days thereafter shall be deemed a consent, approval or statement of
satisfaction as the case may be.
29. Recordation of Memorandum. This Agreement, or a memorandum hereof, upon
the request of any party shall be recorded in the Office of Recorder of Hamilton
County, Indiana.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
MUELLER MART
By: I-« By:
(signature) (signature)
Eric Clark, Co- conservator be r T VP/6M
(printed name and title) (printed name and title)
By: A40
(signature)
Ery Bruks, Co- conservator
(printed name and title)
10
i I
By: ,1� CITY OF CARMEL, INDIANA, by and
(signatu e) through its Board of Public Works and Safety
Betty Bruks, Co- conservator j(1
(printed name and title) By:
J es Brainard, Presid Officer
Date:
By: 7CJ
Mar urke, Member
Date: 2 -3- O/
By: G�Cu (G�1C��f
Billy 1ker, Member
Date: J I-
ATTEST:
Ca( 0_, LT 'tO
Diana L. Cordray;'I. iM
Clerk- Treasurer
Date: /C 6, ?-C1
E. H. MUELLER DEVELOPMENT
COMPANY, LLC
By: 4.,.(4.,, C�
Wilbur Tyner, P esident
Y Jr.,
11
I 1,
STATE OF INDIANA
0 SS:
COUNTY OF /�AMILIb/J
Before me, a Notary Public in and for said County and State, personally appeared Eric
Clark, as the Co- conservator of The Helen M. Mueller Conservatorship and who, having been
duly sworn, acknowledged the truth and accuracy of the representations made herein and the
execution of the foregoing Agreement.
Witness my hand and Notarial Seal this 2 t i day of Se 1 L 200
OW
M,y co.�m`fssion expires: U /,o o 9
1) otary Public
c. j a m x re; o tt �rv.V I 1 County, Indiana
t r a. A /�fEL 7 f ay 1,
O 1 A R i Printed Name
01 1 1 i
1k
r 1 D 1 r\
STATE OF INDIANA
SS:
COUNTY OF #4A N
Before me, a Notary Public in and for said. County and State, personally appeared Ery
Bruks, the Co- conservator of The Helen M. Mueller Conservatorship and who, having been duly
9 sworn, acknowledged the truth and accuracy of the representations made herein and the
execution of the foregoing Agreement.
Witness my hand and Notarial Seal this PI day of 1 200
o J 0
My commission expires:
x l.. b1/141/a(3/11 Notary Public
F :a re 1d of County, Indiana M
i AV N. J /1116- it EL n/
it. 'C Printed Name
1 .Nii Sat xi'' 4.,:rN
,k J1J
D1
12
STATE OF INDIANA
0 HA/1'111-10-46 SS:
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared Betty
Bruks, the Co- conservator of The Helen M. Mueller Conservatorship and who, having been duly
sworn, acknowledged the truth and accuracy of the representations made herein and the
execution of the foregoing Agreement.
--i
Witness my hand and Notarial Seal th Z� day of 20
I mission expires: 0 5
k Notary Public
4 I resident of County, Indiana :71 Ai I c--/-i-e4 EZ- Arle/ 711
of i Printed Name
STATE OF INDIANA
J) SS:
COUNTY OF
Before me, a Notary Public in and f r said County and State, personally appeared
fZo rtIM I t)RL.oNe- the V 6 PS. /GENt -•w---ef Martin Marietta Materials, Inc. and
0 who, having been duly sworn, acknowledged the truth and accuracy of the representations made
herein and the execution of the foregoing Agreement.
T
Witness my hand and Notarial Seal this 2 day of j 2001.
IMP
c6 '''Sion expires: v
Notary Public
7 6 1 1 f, (I Indiana AAf 744/7-,14'`
Printed Name
13
1 I
STATE OF INDIANA
SS:
COUNTY OF HA
Before me, a Notary Public in and for said County and State, personally appeared James
Brainard, as the Presiding Officer for the City of Carmel, Indiana Board of Public Works and
Safety, who acknowledged the execution of the foregoing Agreement.
WITNESS my hand and Notarial Seal this 6 day of Fe--b6/
My ComV§sion Expires:
Notary Public
My County of Residence:
SEAL
n Printed
rA, I As` tor
STATE OF INDIANA
SS:
COUNTY OF I 1 A l l L I UN
Before me, a Notary Public in and for said County and State, personally appeared Mary
Ann Burke, who acknowledged the execution of the foregoing Agreement.
WITNESS my hand and Notarial Seal this 2 day of ��A:0 ,265,`,7;,.,,,,
My Co,mmissip.p. Expires:
T
My cop my of Residence:
4- 1/4/11. M 74 /'r Ste 7... C
Print x
14
STATE OF INDIANA
COUNTY OF I-) AM 1 m ki SS:
Before me, a Notary Public in and for said County and State, personally appeared Billy
Walker, who acknowledged the .execution of the foregoing Agreement.
WITNESS my hand and Notarial Seal this a day of Oe-hke
rrlrrrr,,
My Commission
Z,.� (14,
Notary F -1'
My County of Residence: ..5;
Printed
STATE OF INDIANA
SS: n
COUNTY OF 1 ii Arai L2t J CAM c L LL;aiffit
Lac =ary FnniZ
Before me, a Notary Public in and for said County and State, personally appeared Diana
L. Cordray, who acknowledged her execution as an attesting witness of the foregoing
Agreement.
WITNESS my hand and Notarial Seal this J day of 2001.
My Co issioxpi
Notary Pubf i
My County of Residence: 3
/7 ,LeAi ji /7 5 7( C
Printed
.E rr111
15
STATE OF INDIANA
COUNTY OF L i DA J) SS:
Before me, a Notary Public in and for said County and State, personally appeared Wilbur
Tyner, Jr., the President of E. H. Mueller Development Company, LLC and who, having been
duly sworn, acknowledged the truth and accuracy of the representations made herein and the
execution of the foregoing Agreement.
Witness my hand and Notarial Seal this day of 1 2 1.
My commission expires: 2/0.5
Notary Public
I .•I am a resid iit of ij /4 /W/L l 04 County, Indiana
e kf I c-474-0-- 74/
Printed Name
1
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0
This instrument was prepared by and after recording shall be returned to Robert A. Hicks,
Attorney at Law, HALL, RENDER, KILLIAN, HEATH LYMAN, P.S.C., One American
Square, Suite 2000, Box 82064, Indianapolis, Indiana 46282, (317) 633 -4884.
03669rah.doc
09/20/01
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EXHIBIT A
0
EXHIBIT A LEGAL DESCRIPTION
PARCEL B: PART OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 17 NORTH, RANGE 4
EAST OF THE SECOND PRINCIPAL MERIDIAN IN CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 9,
TOWNSHIP 17 NORTH, RANGE 4 EAST OF THE SECOND PRINCIPAL MERIDIAN IN CLAY TOWNSHIP,
HAMILTON COUNTY, INDIANA, THENCE NORTH 89 DEGREES 55 MINUTES 56 SECONDS WEST
(ASSUMED BEARING) ON THE NORTH LINE OF SAID SECTION 9, A DISTANCE OF 1189.27 FEET TO
THE EASTERLY 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 FIVE
COURSES BEING ON THE EASTERLY LINE OF SAID REAL ESTATE) 1.) THENCE SOUTH 11 DEGREES
50 MINUTES 53 SECONDS WEST 131.07 FEET; 2.) THENCE SOUTH 86 DEGREES 32 MINUTES 20
SECONDS WEST 102.72 FEET; 3.) THENCE SOUTH 07 DEGREES 00 MINUTES 13 SECONDS WEST
348.84 FEET; 4.) THENCE SOUTH 12 DEGREES 02 MINUTES 32 SECONDS WEST 250.45 FEET; 5.)
THENCE SOUTH 08 DEGREES 36 MINUTES 31 SECONDS WEST 1159.69 FEET TO A POINT ON A LINE
THAT IS PARALLEL WITH THE NORTH LINE OF SAID SECTION 9, AT A POINT THAT IS 1872.75 FEET
SO.UTH 00 DEGREES 11 MINUTES 33 SECONDS WEST MEASURED PARALLEL WITH THE WEST LINE
OF SAID NORTHEAST QUARTER; THENCE SOUTH 89 DEGREES 55 MINUTES 56 SECONDS EAST
PARALLEL WITH THE NORTH LINE OF SAID SECTION 9, A DISTANCE OF 284 FEET, MORE OR LESS
TO THE WESTERLY EDGE OF WATEROF WHITE RIVER; THENCE NORTHEASTERLY WITH THE
MEANDERING OF SAID EDGE OF WATER TO THE EAST LINE OF SAID SECTION 9; THENCE
NORTHERLY ON SAID EAST LINE 107 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING,
CONTAINING 29.628 ACRES, MORE OR LESS.