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NON-ENFORCEMENT OF DRAINAGE
EASEMENT ON INDIVIDUAL TRACTS
STATE OF INDIANA
COUNTY OF HAMILTON
BEFORE THE HAMILTON
COUNTY DRAINAGE BOARD
WHEREAS, Old Town Design Group ("the
Landowner") are owner(s) of a certain parcel of real estate located in Hamilton County, Indiana,
which is commonly known as Hamilton County Tax Parcel No. 17-09-34-00-12-022.000 ("the
Real Estate"); and,
WHEREAS, the Real Estate is described in the Deed of the Landowner(s) in Deed
Book , Page or Instrument No. 2019-66486 in the Ofiice of the Hamilton
County Recorder; and,
WHEREAS, the Real Estate is subject to a Drainage Easement for the
Williams Creek Drain ("the Drainage Easement") and the Landowner(s),
have requested that the Drainage Board ("the Drainage Board") waive the right to enforce certain
restrictions within the Drainage Easement.
IT IS THEREBY AGREED by the Drainage Board and the Landowner(s) as follows:
1.) The Drainage Board agrees that the Landowner(s) may construct
a window well only, within the Drainage Easement subject to
2.) In consideration of the consent set out in the above paragraph, the Landowner(s),
on behalf of themselves, successors, and assigns, as Owners of the Real Estate acknowledge that if
necessary, in order to maintain, constiuct, or reconstiuct the drainage improvements in the Drainage
Easement, the Drainage Board, its conh•actors and workers warking under said authority, may
remove all improvements located within the Drainage Easement
3.) In the event of said removal, the Landowner(s), on behalf of themselves, and
successors in title to the Real Estate hereby release and waive any claim that they may have against
the Drainage Board, or any conh•actor or workmen operating under the authority of the Drainage
Board for the costs or damage to the improvements located within the Drainage Easement.
4.) The Drainage Board agrees not to enforce its easement rights beyond a distance
of 10 feet from the ��St side of the _ centerline of the tile within
the Drainage Easement, unless for maintenance or construction described in Section 2 above.
Page 1 of 2 - Revised May 2016
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THIS AGREEMENT
APPROVAL.
Dated this 24th day of
By:
NON-ENFORCEMENT OF DRAINAGE
EASEMENT ON INDIVIDUAL TRACTS
Tax Parcel Number 17-09-34-00-12-022.000
Drain Name Williams Creek
BECOME EFFECTIVE UPON DRAINAGE BOARD
June , 20 �� , by the Landownei(s).
STATE OF INDIANA
COUNTY OF HAMILTON
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Subscribed and sworn to before me, a
20 2� ,
the within
r
this � L� day of� I' �—{.¢,t �k _-'
;�,siGIC--�ilt�'1 �' >ana>
By:
as Landowner(s) and
My
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nd•and i�ff"icial seal.
Commisslon Number [
OF
SEAL
the execution of the
* � `Notary Public, V " P
7
� Residing in ��i �� a f� County, IN
Dated this ��� day of � , 20 ZC) , by the Hamilton County Drainage Board.
ATTEST:
HAMILTON COUNTY DRAINAGE BOARD
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Pre ident
y� ette Mosba gh, Secreta
"I affirm, under the penalties for peijury, that I have taken reasonable care to redact each Social Securiry
Number in this document, unless required by law: Kenton C. Ward, Suivevor "
Prepared by the Hami(ton County Drainage Board;_ Michael A. Howard, Attornev
PTge 2 of 2 Revised May 2016
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