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Home My WebLink AboutApplication_NON-ENFORCEMENT OF DRAINAGEINSTRUCTIONS FOR FILING NON -ENFORCEMENT REQUESTS FOR INDIVIDUAL TRACTS The following are instructions for the completion of the Non -Enforcement form for individual tracts. A. The Non -enforcement Request and Non -enforcement Information form shall be submitted to the Hamilton County Surveyors Office ten (10) days prior to the Hamilton County Drainage Board meeting. The Drainage Board meetings usually take place on the 2nd and 4th Monday of each month. B. Request shall be on the standard form, as supplied by the Surveyors Office. C. The form shall be completely filled out with the following information: 1. Name of individual, firm, partnership or corporation owning tract. 2. Parcel number of tract as shown in the Hamilton County Auditors Office. 3. Recording information for Deed. (From Hamilton County Auditor or Recorders Office.) * If property has transferred in last 60 days, a copy of the Warranty Deed is to be returned with the application. 4. Name of Regulated Drain. 5. Purpose of encroachment (fence, driveway, etc.) 6. In the presence of a Public Notary, date and sign by the individual, officer of firm or corporation, or general managing partner of partnership. Show printed name of signatory and if joint ownership, both or all parties must sign. D. A copy of a site plan, plat or engineered drawings showing what structures are proposed to encroach in the Hamilton County Drainage Easement shall be submitted with the application. E. The Surveyor shall fill in the remaining items: a.) "Subject to " (Other Conditions determined by Surveyor) b.) Distance from the top of bank/center line of tile. c.) Side of top of bank/center line of tile F. This form must be signed by and have printed name of owner of record as shown on the warranty deed from the Hamilton County Auditor. G. For individual property owners, submit one check for seventy-five ($75.00) dollars made payable to the Hamilton County Treasurer Office. If the petitioner is a corporation, partnership, or the project is a commercial project, then a one hundred ($100.00) dollar check is required. H. Permit fee is a non-refundable review fee. Adobe POF Fillable Farm —,a NON -ENFORCEMENT OF DRAINAGE EASEMENT ON INDIVIDUAL TRACTS STATE OF INDIANA ) COUNTY OF HAMILTON ) WHEREAS, BEFORE THE HAMILTON COUNTY DRAINAGE BOARD ("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. 17-09-19-00-019.000 _ ("the Real Estate"); and, WHEREAS, the Real Estate is described in the Deed of the Landowner(s) in Deed Book , Page or Instrument No. in the Office of the Hamilton County Recorder; and, WHEREAS, the Real Estate is subject to a Drainage Easement for the Little Eagle 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 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, 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 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. 4.) The Drainage Board agrees not to enforce its easement rights beyond a distance of feet from the side of the top of bank and/or centerline of the the within the Drainage Easement, unless for maintenance or construction described in Section 2 above. Page 1 of 2 Revised May 2016 Adobe POF Fillable Form NON -ENFORCEMENT OF DRAINAGE EASEMENT ON INDIVIDUAL TRACTS Tax Parcel Number 17-09-19-00-019.000 Drain Name Little Eagle Creek THIS AGREEMENT WILL BECOME EFFECTIVE UPON DRAINAGE BOARD APPROVAL. Dated this _1 -1 day of 4vc, u ST, 20 22 ;-by the Landowner(s). LANDOWNER(s) By: Printed: S „� STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) By: Printed: SliukbeA\ Ae -M ,n Subscribed and sworn to before me, a Not Public this � day of , 20��, personally appeared the within named ` , and L�71-7/7 (/Znj J` as Landowner(s) and acknowledged the execution of the foregoing document. WITNESS my hand and official seal. "RY'p 16i PAMELA L. HALE My Commission Expires: ��o P'..' G��', Not Public, Stete of Indian: ;SEAL;"= Merion County j�� e 's• . . + F Commission Number 070514 V ��hp�'AH, �.�� My Commission Expires July 28, 2023 Dated this day of Public, Residing in (mod 4 County, IN , 20 , by the Hamilton County Drainage Board. HAMILTON COUNTY DRAINAGE BOARD ATTEST: President Lynette Mosbaugh, Secretary "I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security Number in this document, unless required by law: Kenton C. Ward, Surveyor ," Prepared by the Hamilton County Drainage Board:_ Michael A. Howard, Attorney Page 2 of 2 Revised May 2016 Adobe PDF Fillable Form NON -ENFORCEMENT INFORMATION Hamilton County Surveyor's Office One Hamilton County Square, Suite 188 Noblesville, IN 46060 317-776-8495 fax: 317-776-9628 Name of Drain: Little Eagle Creek Parcel Number: 17-09-19-00-019.000 Applicant's Name: Property Pros LM, LLC Address: 1200 E. Broadway Fortville, IN 46040 Phone: ( 317 ) 482 3111 E-mail: josh@propertyproslm.com Contact Name: Josh Springer Address: 1200 E. Broadway Phone` (317) 482 3111 E-mail: josh@propertyproslm.com Purpose of Non -enforcement: Pool Reduced to: feet on If Utility, how many feet is line paralelling drain: Plan Project / Job Number: Project Location: Engineering Firm: Address: Phone: Project Name: Herman pool setback variance Township: Clay Property Owner: Scott & Elizabeth Herman Property Address: 3973 Bear Creek Way Carmel. IN 46074 Phone: 317 670 4596 E-mail: sah652@yahoo.com Contractor -Installer: Pools of Fun Address: 3891 Clarks Creek Rd. Phone: ( 317 ) 474 9734 E-mail: bmaclean@poolsoffun.com side of Drain. E-mail: "For Office Use Only* Permit # Project # Check # Adobe PDF Fillable Form NON -ENFORCEMENT OF DRAINAGE EASEMENT ON INDIVIDUAL TRACTS s 2 3 STATE OF INDIANA ) BEFORE THE HAMILTON COUNTY OF HAMILTON ] COUNTY DRAINAGE BOARD WHEREAS, Scott & Elizabeth Herman ("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. 17-09-19-00-019.000 ("the Real Estate"); and, WHEREAS, the Real Estate is described in the Deed of the Landowner(s) in Deed Book Page or Instrument No. 2016 06 0313 in the Office of the Hamilton County Recorder; and, WHEREAS, the Real Estate is subject to a Drainage Easement for the Little Eagle 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 pool 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, 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 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. 4.) The Drainage Board agrees not to enforce its easement rights beyond a distance of feet from the side of the top of bank and/or centerline of the tile within the Drainage Easement, unless for maintenance or construction described in Section 2 above. Page 1 of 2 RESET P.2� Revised May 2016 lAdobe PDF All inform NON -ENFORCEMENT INFORMATION Hamilton County Surveyor's Office One I lamilton County Square, Suite 188 Noblesville, IN 46060 317-776-8495 fax: 317-776-9628 Name of Drain: Little Eagle Creek Parcel Number: 17-09-19-00-019.000 Applicant's Name: Property Pros LM, LLC Address: 1200 E. Broadway Fortville, IN 46040 Project Name: Herman pool setback variance Township: Clay Property Owner: Scott & Elizabeth Herman Property Address: 3973 Bear Creek Way Carmel, IN 46074 Phone: 317 482 3111 Phone: 3 7 670 4596 E-mail: josh(9 propertyproslm.corn E-mail: sah652@yahoo.com Contact Name: Josh Springer Contractor -Installer: Pools of Fun Address: 1200 E. Broadway Address: 3891 Clarks Creek Rd. Phone: ( 317) 482 3111 Phone: ( 3i 7 ) 474 9734 E-mail: josh@propertyprosim.com E-mail. bmaclean@poolsoffun,com Purpose of Non -enforcement: Pool Reduced to: feet on side of Drain. if Utility, how many feet is line paralelling drain: Plan Project / Job Number: Project Location: Engineering Firm: Address: Phone: E-mail: *'*For Office Use Only" Permit # Project-# Check # RESET PA � � Adobe POF FArable r«-