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HomeMy WebLinkAboutMohawk Hill Apt - -Bodner, Robert/ElizabethFRANK W.CAMPdc�L C.V. MALAN JOHN M. KYLE JOHN D. PROFFITT STEPHEN W. COOK Dear Don: October 3, 1969 Mr. Don Swails, Fire Chief Carmel Fire Department Carmel, Indiana 46032 JMK /gjb cc: Leroy New Robert Bodner PHONE 773 -2090 CAMPBELL, MALAN, KYLE SC PROFFITT ATTORNEYS AT LAW 198 SOUTH 9TH STREET NOBLEST ILLE, INDIANA 46060 CARMEL OFFICE 10 W. MAIN STREET CARMEL,INDIANA 46032 PHONE 646 -6514 Bob Bodner has consulted me with reference to his apartment complex located on Mohawk Road. He indicated that you were fearful that you would not be able to gain access to the apartment complex in the event of a fire. Please accept this as your authority to enter upon the premises for inspection purposes or in the event of an emergency under any circum- stances that you feel might be necessary for the preservation of property. Please also be advised that sometime ago Leroy New was good enough to draft an easement which I was to have Mr. Bodner sign. The easement was in rough form and Leroy and I conferred about it, and I was to draft the final easement papers but through my own neglect failed to do so. I will in the next two week period have an easement forwarded to Leroy which will permit the Carmel Fire Department and other departments of the town to enter upon the premises in the event of emergency or in the event that some of the service lines to the property need to be repaired. My apologies to you and to Mr. New for my neglect. Yours truly, CAMPBELL, MALAN, KYLE PROFFITT LICENSE rOD C F I THE UNDERSIGNED, Robert S. Bodner and Elizabeth W. Bodner, do hereby state that they are the owners of the following described real property, towit: Part of the Northeast Quarter of Section 31, Township 18 North, Range 4 East, in Hamilton County, Indiana more particularly described as follows: Beginning 658.90 feet North 90 degrees 00 minutes 00 seconds East (assumed bearing) of the northwest corner of the northeast quarter of Section 31, Township 18 North, Range 4 East, and on the North line thereof; thence South 00 degrees 15 minutes 20 seconds East 2657.80 feet to the South line of said northeast quarter, distant 660. 00 feet easterly from the southwest corner thereof; thence north 89 degrees 56 minutes 10 seconds East on and along afore- said south line 476. 85 feet to the West right of way line of State Road #431; thence on and along aforesaid west right of way line of said State Road #431 the following 11 courses; thence north 05 degrees 26 minutes 50 seconds east 157.45 feet; thence north 01 degrees 43 minutes 42 seconds east 200.42 feet; thence north 84 degrees 33 minutes 10 seconds west 100.00 feet; thence north 05 degrees 26 minutes 50 seconds east 150.00 feet; thence south 84 degrees 33 minutes 10 seconds east 113.00 feet; thence north 05 degrees 26 minutes 50 seconds east 462.20 feet to the point. of curvature of a curve to the left with a radius of 19, 011.59 feet; thence northerly on and along said curve to the left 1, 580. 57 feet through a central angle of 04 degrees 45 minutes 48 seconds; thence north 38 degrees 59 minutes 10 seconds West 98. 58 feet; thence North 89 degrees 56 minutes 05 seconds West 200. 00 feet; thence north 67 degrees 03 minutes 20 seconds' west 54.27 feet; thence north 00 degrees 03 minutes 55 seconds east 16. 14 feet to the north line of said northeast quarter; t hence north 90 degrees 00 minutes 00 seconds west on and along aforesaid north line 353. 27 feet to the place of beginning, containing 36.07 acres, more or less Subject to any title rights existing west of the apparent line of possession as shown by this survey. The undersigned do further state that they have constructed upon the above described real estate an apartment complex and are in the business of leasing said apartment units to the public. The undersigned do further state that all roadways iocated.throughout the apartment complex located on the above described real estate are privately owned and have never been dedicated to the public. The undersigned acknowledge the fact that the Town of Carmel is the owner of various fire equipment and operates a fire department for the safety of inhabitants and buildings located in Clay Town- ship. The undersigned do hereby give and grant unto the Townof Carmel, its Fire Department and its Police Department the right and authority to enter upon the above described premises in emergency situations for the purpose of protecting the buildings and the occupants of the above apartment complex. The under signed do hereby give and grant the Police Department of the Town of Carmel the right and authority to enter upon the above described premises for the purpose of providing protection for the inhabi- tants residing in the apartment units leased by the undersigned. The undersigned do further acknowledge that the Town of Carmel emends sewer and water services to the above apartment complex and will from time to time need to enter upon the above described premises to make necessary repairs, alteration s and inspections of the various sewer and water lines serving the buildings located on the above described real estate. The undersigned do hereby give and grant unto the Towncf Carmel a nd its en the right to enter upon the private driveways of the property above described for the purpose of making alterations, repairs and inspections to the town facilities and to any extensions thereof that might service the buildings located on the property, provided, however, that the Town does hereby agree that after the making of alterations, repairs and /or e xtensions in the event any property is damaged by such alterations, repairs and/or 'inspections that the Town of Carmel shall replace the property so damaged to the state that it was originally in. This License is to be in full force and effect until revoked by mutual agreement ofthe undersigned and their heirs, assigns and the officials of the Town of Carmel. IN WITNESS WHEREOF, the undersigned have hereunto set their hands,. and seals,this v i' of 1969. Robert S: Bodner Elizabeth W. Bodner -2- 1969. My Commission Expires: Cle fk- Treasurer, Town of Carmel, Indiana. H. F. Zinsmeister y SUBSCRIBED AND SWORN to before me this :2 day of i v Notary Public �i The undersigned, being the duly elected and acting members of the Board of Trustees of the Town of Carmel, do hereby accept the above License, and do hereby agree to abide by the terms and conditions contained therein, and to provide the above described apartment complex with what- ever services are extended by the Town of Carmel that would be extended to other inhabitants of Clay Township by the Town of Carmel Fire and Police Departments. BOARD OF TRUSTEES OF THE TOWN OF CARMEL, INDIANS tliam Pattison, President Maxohson Gene S. Norris ATTEST: This instrument prepared by John Kyle, Attorney 0