HomeMy WebLinkAboutHamilton Co. Recorded Drainage Easement 06-13-23NON —ENFORCEMENT OF DRAINAGE
EASEMENT ON INDIVIDUAL TRACTS
L G .'ATE OF INDIANA
OCT 17 2022COUNTY OF E AMILTON
2023021513 EASEMENTS $0.00
06/13/2023 03:02:32P 2 PGS
Trini Beaver
HAMILTON County Recorder IN
Recorded as Presented
BEFORE THE HAMILTON
COUNTY DRAINAGE BOARD
oF KAwaoN COU11TY WYEWTIEREAS, Jason M & Amy M Whiteley ("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. 16-09-24-01-04-011.000 ` ("the
Real Estate"); and,
WHEREAS, the Real Estate is described in the Deed of the Landowner(s) in Deed
Book _ Page or Instrument No. Cgo 1 OU in the Office of the Hamilton
County Recorder; and,
WHEREAS, the Real Estate is subject to a Drainage Easement for the
14 V V 14trS CI(' oc V i l l CL Drain ("the Drainage Easement") and the Landowner(s),
have requested that the Drainage Boar ("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
24' X 30' Detached 2 Car Garage within the Drainage Easement subject to
submitted Surveyor's Location Report & Plot plan.
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 10 _ feet from the East 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 I of 2
NZ;- - 0UN& )
Revised May 2016
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-TAN C
NON -ENFORCEMENT OF DRAINAGE
EASEMENT ON INDIVIDUAL TRACTS
Tag Parcel Number 16-09-24-01-04-011.000
Drain Name _
THIS AGREEMENT WILL BECOME EFFECTIVE UPON DRAINAGE BOARD
APPROVAL.
Dated this /1"4- day of aGfP , 20 L- , by the Landowner(s).
LANDO R(s)
By: ' —
Printed:�°�
STATE OF INDIANA
)SS:
COUNTY OF HAMILTON )
20 ��ubscribed and sworn to before me, a No Public this day of
, perso a yr a pe• ed the within named �� ° /i-( li • P and
.fa as Landowner(s) and acknowledged the execution of the
foregoing document. "7
WITNESS my hand and official seal.
My Commission Expires:
BRADLEY M. MOSS
Notary Public - Sea!
Harniltun County - State of Indiana
Commission Number NP0678924
My Commission Expires Mar 22, 2024
Notary Public,
Residing in
County, IN
Dated this - a t day of J ��p _ _ 20_,RL3_, by the Hamilton County Drainage Board.
ATTEST:
y e Mosba gh, Secretary
HAMILTON COUNTY DRAINAGE BOARD
"ident
r0Y
Mark Heirbrandt
"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 Iaw: Kenton C. Ward, Survaor "
Prepared by the Hamilton County Drainage Board: Michael A. Howard Attorney
Page 2 of 2 Revised May 2016
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