Townhomes at Hazel Dell SubdivisionC
July 26, 2017
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
.JAMES BRAINARD, MAYOR
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RE: DEED AND DEDICATION — TOWNHOMES AT HAZEL DELL SUBDIVISION
Dear Board Members:
Mr. P.J. O'Donnell, HOA President of Townhomes at Hazel Dell Subdivision, has requested the Board sign
the Dedication of Public Right of Way documents as presented for approval.
This dedication includes the access easements being part of Common Area "A" in the Townhomes at
Hazel Dell, per plat recorded on February 6, 2003 as Instrument #200300012987, identified as the
Access Easement and Drainage, Utility & Sewer Easement on Roxanne Drive, the Access Easement and
Drainage, Utility & Sewer Easement on Esty Way, Tryon Drive, Trammel Court and Lake Point Drive.
On behalf of the City of Carmel, I would like to thank Mr. O'Donnell and the HOA of Townhomes at Hazel
Dell Subdivision for this Dedication of Right of Way. I recommend the Board accept and sign this
document.
Sincerely,
:�:4 7�
Jeremy Kashman, P.E.
City Engineer
Attachment: Dedication Document
S:\BPW17\MISC\TOWNHOMESATHAZELDELLDEDICATION.DOC
DEPARTMENT OF ENGINEERING
ONE Civic SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439
EMAIL engineering@camlel.in.gov
Cross-reference: 2011067399
DEDICATION & DEED OF PUBLIC RIGHT OF -WAY Dom,
THIS INDENTURE WITNESSETH:
That The Townhomes at Hazel Dell Homeowners Association, Inc., an Indiana nonprofit
corporation ("Grantor"), the fee simple owner of the real property described in attached Exhibit A (the
"Property"), incorporated herein by this reference, which Property is located in the City of Carmel,
Hamilton County, State of Indiana, hereby grants and conveys in fee simple with no reversionary rights
whatsoever retained, all of Grantor's rights, title, and interest in the Property, to the City of Carmel,
Indiana ("Grantee"), subject to all existing easements and rights-of-way of record, for good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged. The Property does not
include any parking areas. All parking areas shall remain the property of Grantor and Grantee shall have
no responsibility therefore.
90f
The undersigned represents and warrants that he is the of Grantor; that Grantor is a
nonprofit corporation validly existing in the State of its origin and, where required, in the State where the
subject real estate is situated; that Grantor has full corporate capacity to convey the real estate interest
described; that pursuant to the Grantor's governing documents he/she has full authority to execute and
deliver this Dedication and Deed of Public Right of Way on its behalf and that said authority has not been
revoked; that he/she is therefore, fully authorized and empowered to convey the real estate to Grantee,
and that on the date of execution of this Dedication and Deed of Public Right of Way he/she had full
authority to so act; and that all necessary action for the making of this conveyance has been duly taken.
The undersigned represents and warrants that no consent of any third party, including but not
limited to owners, mortgagees, lenders, landlords, tenants, partners, members, managers, shareholders or
joint venturers, is required for the valid and binding execution and delivery of this Dedication and Deed
of Public Right of Way.
The Grantor assumes and agrees to pay (i) all unpaid real estate taxes and assessments, including
those for the 2016 payable 2017 real estate taxes and assessments on the Real Estate, and (ii) that portion
of the real estate taxes and assessments assessed against the Real Estate and due for 2017 payable 2018
that are applicable to the Real Estate for the period January 1, 2017 through the date of this Dedication
and Deed of Public Right of Way. This obligation to pay such real estate taxes and assessments shall
survive the execution of this Dedication and Deed of Public Right of Way and the closing of the Real
Estate and shall be enforceable by Grantee in the event of any non-payment of such real estate taxes and
assessments.
As further consideration for Grantee's acceptance of this Deed and Dedication, Grantor shall,
within sixty (60) days of Grantee's acceptance hereof; install a timber guard rail between all rights of way
and detention ponds or detention areas pursuant to plans which Grantor submits to and are approved by
the Grantee's Department of Engineering. If Grantor fails to install the guard rail as required, Grantee
may install the guard rail and Grantor shall immediately reimburse Grantee all costs thereof.
This deed is for no consideration and is therefore exempt from Indiana Sales Disclosure
Form filing requirements.
IN WITNESS WHEREOF. Grantor has executed this Dedication and Deed of Public Right -of -
Way on the day of , 2017.
The Townhomes at Hazel Dell Homeowners Association, Inc.,
an Indiana nonprofit corporation
By:
Printed: r
Title:
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said State and County, personally appeared
P` -j 0 � rNy)y AI , the 10 j ((�'a fi of The Townhomes at Hazel Dell Homeowners Association,
Inc., and acknowledged the execution of the same on the date aforesaid on behalf of Grantor.
Witness my hand and notarial seal this- T day of 2017.
La-�,u
Notary Public
My Commission Expires:
K1 ,2=02-4-
3cvt
Printed Name
My County of Residence:
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and every Social
Security number from this document, unless it is required by law. Tammy K. Haney.
This instrument was prepared by Tammy K. Haney, Keller Macaluso, LLC, 760 3rd Avenue SW, Suite
210, Carmel, Indiana 46032. (317) 660-3400.
Grantee Mailing Address:
City of Carmel
One Civic Square
Carmel, Indiana 46032
#102066
EXHIBIT A
Access easements being part of Common Area "A" in The Townhomes at Hazel Dell, a
subdivision in Hamilton County, Indiana, as per plat thereof, recorded February 6, 2003, as
Instrument 200300012987, in the Office of the Recorder of Hamilton County, Indiana and
identified as the Access Easement and Drainage, Utility & Sewer Easement on Roxanne Drive,
the Access Easement and Drainage, Utility & Sewer Easement on Esty Way, Tryon Drive,
Trammel Court and Lake Point Drive.
3
ACCEPTANCE OF DEDICATION AND DEED OF PUBLIC RIGHT-OF-WAY
WHEREAS, Grantor has executed for the benefit of the City of Carmel, Indiana ("City"), the
foregoing Dedication and Deed of certain real property ("Property") for the purpose of
establishing City right-of-way;
AND WHEREAS, the City believes that said fee simple conveyance of property is desirable and
necessary and in the City's best interests;
NOW THEREFORE, the City, by and through its authorized agent, hereby accepts said
Dedication and Deed, and orders that the Dedication and Deed described herein be recorded in
the Recorder's Office of the County of Hamilton, State of Indiana, and that said described real
property be, and the same heres, declared open and dedicated to the City.
Approved and Adopted this 2 day of ��� , 2017.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
dames Brainard, Presiding Officer Z
Date:
Mary Ar l Burl Me er
Date:
Lori S. Watson, Member
Date:
ATTEST:
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C"' tine S. Pauley, erk- r
Date: