Construct Off Site Utility Improvements - Carmel Clay Schools89097.9
ASSIGNMENT AND DEDICATION OF
UTILITY IMPROVEMENTS UNDER AN AGREEMENT
TO CONSTRUCT OFF -SITE UTILITY IMPROVEMENTS
THIS ASSIGNMENT AND DEDICATION is made by CARMEL CLAY
SCHOOLS OF HAMILTON COUNTY, INDIANA, (the "School ") and CARMEL
CLAY ELEMENTARY SCHOOL BUILDING CORPORATION (the "Building
Corporation "), this 1/ day of February, 1989;
W I T N E S S E T H:
WHEREAS, the School entered into an "Agreement to Construct
Off -Site Utility Improvements" dated February 15, 1988, with the
City of Carmel (the "City ") wherein the School agreed to
construct and install new trunk and /or interceptor sewers and
water mains (the "Improvements ") as determined by the City's
master utility plan and direction and as set forth in detailed
plans and specifications prepared by Samuel L. Moore &
Associates, Inc. dated January 18, 1988, and
WHEREAS, the Improvements installed under the above
referenced Agreement are regarded as a benefit to the City
pursuant to the terms of Ordinance S -41 and A -41, as amended by
Ordinance A -51, of the City, and
WHEREAS, the School entered into a License Agreement with
the Building Corporation on May 9, 1988, whereby the Building
Corporation was granted authority to construct the Improvements
for the School's use and benefit under a Lease between the School
and the Building Corporation dated March 2, 1988, and
WHEREAS, the School has completed the construction and
installation of the Improvements in accordance with said approved
plans and has provided the City with certified record
construction drawings, and
WHEREAS, the Improvements have been tested to the
satisfaction of the City and the City is in a position to accept
an assignment and dedication of such Improvements.
NOW THEREFORE, for good and sufficient consideration CARMEL
CLAY SCHOOLS OF HAMILTON COUNTY, INDIANA and CARMEL CLAY
ELEMENTARY SCHOOL BUILDING CORPORATION do hereby grant, assign
and dedicate unto the CITY OF CARMEL, acting by and through its
Board of Public Works, all sewers, water mains, appurtenances and
related improvements constructed and installed pursuant to the
Agreement referenced herein and more particularly described in
the certified record construction drawings dated ;Ied. /
1989 which are transmitted herewith and incorporated herein by
reference.
This instrument
Shama K. Cherry, � herry ,Si�G�it;�f.i'sc.irlli�C�;l
ASSIGNMENT AND. DEDICATION
Executed this
2.8 a day of February, 1989.
CARMEL CLAY ELEMENTARY
SCHOOL BUILDING CORPORATION
M. E1 ` abeth Crosly,
STATE OF INDIANA )
SS:
COUNTY OF HAMILTON )
cretary
Page 2
CARMEL CLAY SCHOOLS OF HAMILTON
COUNTY, INDIANA
BY: &el, c i�
on R. Schmidke, Ph.D
Pr ident
Phil
Secretary
Before me, the undersigned, a Notary Public in and for
said County and State, personally appeared Jon R. Schmidke,
Ph.D. and Philip N. Eskew, Jr., M.D., personally known to me to
be the President and Secretary, respectively, of the Board of
School Trustees of Carmel Clay Schools and acknowledged the
execution of the foregoing Assignment and Dedication, for and on
behalf of said school corporation. 4L
Witness my hand and Notarial Seal this aZS day of
1—ke CL 'L- , 1989.
My Commission Expires: ktw,e -w c (�
Notary Public
C Ct-bG : AV, 1 Q Z Printed: -OSF y- P . 1-71-5=edc.ic
Resident of t cj-04,,u D tz; -\ County
STATE OF INDIANA )
SS:
COUNTY OF HAMILTON )
Before me, the undersigned, a Notary Public in and for
said County and State, personally appeared C. Wayne Phelps and
M. Elizabeth Crosly, personally known to be the President and
Secretary, respectively, of the Board of School Trustees of
Carmel Clay Elementary School Building Corporation and
acknowledged the execution of the foregoing Assignment and
Dedication.,.. for and on behalf of said school corporation.
Witness- my hand and Notarial Seal this 2 - day of
F.C: ,,k.+u an - , 1989.
O
�°'• Commistsiop-Expires:
•
0
Notary Public T
Printed: �OsE HA4zA P. LA `(C-0 c_j
Resident of {d-ct y < (s--v ,-\ County
ASSIGNMENT AND DEDICATION
CONSENT AND ACCEPTANCE
Page 3
The City of Carmel, Indiana, acting by and through its Board
of Public Works, does hereby consent to and accept the Assignment
and Dedication of Utility Improvements subject only to (i) the
continuing obligations of the School under the February 15, 1988
Agreement to Construct Off -Site Utility Improvements; (ii)
ordinances and regulations of the City and (iii) the School and
Building Corporation's obligation to enforce the warranties
granted by the construction contract for the benefit of the Owner
of the Improvements.
Executed this day of March, 1989.
ATTEST:
7/Silsan Jones, C1erk.Treasurer
This Instrument Recorded
CARMEL BOARD
OF PUBI. W'�7i$�{S
li s.
.ia q.gck f
t I
Step en Spaug
William McFadden
9-15 1989
Sharon K. Cherry, Recorder, Hamilton County, IN
l(5 7g 3
Cc)
1' L.