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Home My WebLink AboutNon-enforcement Request to Hamilton Co. SurveyorINSTRUCTIONS 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. NON-ENFORCEMENT OF DRAINAGE EASEMENT ON INDIVIDUAL TRACTS STATE OF INDIANA )BEFORE THE HAMILTON ) COUNTY OF HAMILTON )COUNTY DRAINAGE BOARD WHEREAS, ____________________________________________________ (“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. ________________________ (“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 ____________ ____________________________________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 tile within the Drainage Easement, unless for maintenance or construction described in Section 2 above. Revised May 2016 ***FOR RECORDER’S OFFICE USE ONLY*** Page 1 of 2 NON-ENFORCEMENT OF DRAINAGE EASEMENT ON INDIVIDUAL TRACTS THIS AGREEMENT WILL BECOME EFFECTIVE UPON DRAINAGE BOARD APPROVAL. Dated this ______ day of __________________, 20_____, by the Landowner(s). LANDOWNER(s) By:________________________________ By:________________________________ Printed:_____________________________ Printed:_____________________________ STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Subscribed and sworn to before me, a Notary Public this _____ day of ______________, 20_____, personally appeared the within named __________________________________, and ____________________________ as Landowner(s) and acknowledged the execution of the foregoing document. WITNESS my hand and official seal. ________________________________ My Commission Expires: Notary Public, _____________________ Residing in ______________ County, IN Dated this ______ day of __________________, 20_____, by the Hamilton County Drainage Board. HAMILTON COUNTY DRAINAGE BOARD ______________________________________ ATTEST: President _____________________________ Lynette Mosbaugh, Secretary Revised May 2016 Prepared by the Hamilton County Drainage Board:_ Michael A. Howard, Attorney _ “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 ” Page 2 of 2 Tax Parcel Number ____________________________ Drain Name ___________________________________ 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:_________________________ Project Name:________________________ Parcel Number:_________________________ Township:___________________________ Applicant’s Name:_______________________ Property Owner:______________________ Address:_______________________________ Property Address:_____________________ ______________________________________ ____________________________________ Phone: (____)___________________________ Phone: (____)________________________ E-mail: ________________________________ E-mail: _____________________________ Contact Name:_____________________________ Contractor-Installer:______________________ Address: _________________________________ Address:________________________________ Phone: (____)_____________________________ Phone: (_____)__________________________ E-mail: ________________________________ E-mail: _____________________________ Purpose of Non-enforcement:______________________________________________________ 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 #_____________