HomeMy WebLinkAboutNonenforcement of Drainage Easement for FencesNON -ENFORCEMENT OF DRAINAGE
EASEMENT FOR FENCES
SLATE OF INDIANA
COUNTY OF HAMILTON
BEFORE THE HAMILTON
COUNTY DRAINAGE BOARD
WHEREAS, David B & Amy M Wilson
("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.
17-13-05-00-10-008,000 ("the Real Estate"); and,
WHEREAS, the Real Estate is described in the Deed of the Landowners) in Deed
Book Page or Instrument No. 2001-33241 in the Office of the
Hamilton County Recorder; and,
WHEREAS, the Real Estate is subject to a Drainage Easement for the
Williams Creek, Kings Mill Arm Drain ("the Drainage Easement')
and the Landowner(s), have requested that the Drainage Board ("the Drainage Board") waive the
rI
ght to enforce certain restrictions within the Drainage Easement,
follows:
IT IS THEREBY AGREED by the Drainage Board and the Landowners) as
1.) The Drainage Board agrees that the Landowners) may construct a fence
within the Drainage Easement subject to
2.) In consideratiar 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, construct, or reconstruct the drainage
improvements in the Drainage Easement, the Drainage Board, its contractors and workers
working under said authority, may remove all improvements located within the Drainage
Easement
3.) In the event of said t•emoval, the Landownet•(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 contractor or workmen operating under the authority of the
Drainage Board for the costs or damage to the improvements located within the Drainage
Easement.
Page 1 of 4
Revised March 2018
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9ASEMENT FOR PENCES
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*See page 4.
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Tax Parcel Number 29-13-M"lM08,000-018
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T9re urtdeesigncd, as the tautltorizect rcpresentative+�ftltc aoaztracitrr scekin� i4� ittsiall �
rence within the regulated drainage easement described in this Non-Finforcement Application,
agrees as follows:
A.)'rheundersigned is the duly authorized representative of
(prhitcd name of contractor) which ptans to install a
i4nco vv'sthin the drainage easement located on the property of(he Landowner,
B,) The undersigned prior to the Installation of the ficrice shall determine the
location of the permitted encroachment of the fence, into the drainage easement.
C,) In the event the fence is constructed within the easement at a location which is
not permitted by this hermit; the contractor shall: be liable,, to the Landowner for the cost of
reluealing (lie rence.
TJ,) The undersigned acknowledges that the failure to comply with the tenns and
conditions of this Application may result in the tiling ora civil complaint for an ordinance
violation„ have a judgment -entered for One Thousand Dollars for violation of the
Ordinance; plus #lac costs of the Landowner to relocate the fence.
Signa#ure�' Pence Company_ a wfl�2 (a15ltr. Y/'0=,x
!'rioted. `�_�� . n �� r'i Ws��r Address:
T
Contact Phone Number; 31 9'�b-9071-3
ST,ti E OF INDIANA }
)Ss,
COUNTY OF l-1AMIUFON }
5ubsorihcd and sworn to before me, a Notary Public this .� L�., day of
20 Zcj, poesonally appeared (lie within, named and
as the acrt3tarized. riprt:.SCntatiVl6 of the contractorand
ackuovvlulgt;d � i2ion ortheforegoing document,
WVr ui`
d official seal, t u
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My Commission C xpire�y� gV414N0i]9rvr Puhli�,
o p �4tResiding in 1`JYJ'�w County, IN
itevisYd Weut:lr 201&
NON -ENFORCEMENT OF DRAINAGE
EASEMENT FOR FENCES
Tax Pareel Number 11- IM5-00, IM08.000
Drain Name Williams Creek, Kings Mill Arm
Dated this 1 day of `5Qd F e�K' V 20,2 , by the Hamilton County Drainage
Board.
HAMILTON COUNTY DRAINAGE BOARD
ATTEST: Pres dent
Xhl?tte Mosb ug ,Secretary
* Fence to encroach 15 feet into the 25 foot drainage easement on south
property line. Fence to fully encroach into 15 foot easement on west
property line with removeable panels.
"I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social
Security Nwnber in this document, unless required by law: Kenton C. Ward, Surveyor "
Prepared by the Hamilton County Drainage Board: Michael A. Howard, Attorney
Page 4 of 4
Revised March 2018
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