Mohawk 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
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