HomeMy WebLinkAboutNon-enforcement - Drainage Easement - HamCo Dr BdOFFICE
NON -ENFORCEMENT OF DRAINAGE
EASEMENT ON INDIVIDUAL TRACTS
L E D STATE OFINDIANA )
0 3 2021 COUNTY OF HAMILTON )
2021067244 EASEMENTS $0,00
09/15/2021 10:38:38A 2 PGS
Jennifer Hayden
HAMILTON County Recorder IN
Recorded as Presented
BEFORE THE HAMILTON
COUNTY DRAINAGE BOARD
WHEREAS, Jeffrey C. McDermott (``the
nRe1 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. 17-13-09-00-09-016.000 (C'the
Real Estate"); and,
WHEREAS, the Real Estate is described in the Deed of the Landowners) in Deed
Book.. Page or Instrument No. 2017-41774 in the Office of the Hamilton
County Recorder; and,
WHEREAS, the Real Estate is subject to a Drainage Easement for the
Windemere ¢irm, , 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 1S THEREBY AGREED by the Drainage Board and the Landowners) as follows:
1.) The Drainage Board agrees that the Landowners) may construct a swimming pool
and surrounding pool deck within the Drainage Easement subject to
No Other Encroachment- in ear 30' D&TJE on Lot 89,
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, 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 removal, the Landowner(s), on behalf of themselves, and
successors in title to the Rea] 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,
4.) The Drainage Board agrees not to enforce its easement rights beyond a distance
r'
of 10 feet from the _ * si�F+r, r � � i r i •,
�46z t, unless for maintenance or construction described in Section 2 above.
in
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Page 1 of Z Revised May 2016
1 'v�� v ��,"-' V V1 �+ � Atlobe P�F Finable Form
NON -ENFORCEMENT OF DRAINAGE
EASEMENT ON INDIVIDUAL TRACTS
Tax Parcel Number 17-13-09-00-09-016.000
Drain Name Windemere prni, Williams Creek
* 10 feet from east property line on Lot 89.
THIS AGREEMENT WILL BECOME EFFECTIVE UPON DRAINAGE BOARD
APPROVAL.
Dated this day of
STATE OF 1NDIANA )
)SS:
COUNTY OF HAMILTON )
20 21 , by the Landowner(s).
By:
Subscribed and sworn to before me, a Notary Public this �v day of
2021 personally appeared the within named Jeffrey C. McDermott -and—
as Landowner(s) and acknowledged the execution of the
_.
CAKIM
WITNE icial seal.
SEAL
M. CommissiSTXTEi13F INDIANA otary Public, �
c—
Wmissi n Number694211
t Expires 12/12/2024 Residing inCounty, IN
Dated this 13 day of September 20 21 by the Hamilton County Drainage Board.
HAMILTO � OUN Y DRAINAGE BOARD
ATTEST: Pr sident
Steven C. Dillinger
4ettxMosba gh, Secretary
" 1 affinn, under the penalties for peijury, that I have taken reasonable care to redact each Social Security
Number in this document, unless required bylaw: Kenton C. Ward, Surveyor "
Prepared
by
the Hamilton County
Drainage
Board:
Michael
A.
Howard,
Attorney
Page 2 Of 2 Revised May 2016
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