STATE OF INDIANA )

) SS:

COUNTY OF WELLS )

WELLS COUNTY 

DRAINAGE BOARD

CAUSE NO. 2020-01

IN THE MATTER OF:

MAPLE CREEK WEST BRANCH

TILE DRAIN – LANCASTER TOWNSHIP

ORDER VACATING A

PORTION OF MAPLE CREEK

WEST BRANCH TILE DRAIN

COMES NOW the Wells County Drainage Board and hears evidence with regard to an Application to Vacate a Regulated Drain, namely a portion of the MAPLE CREEK WEST BRANCH TILE DRAIN, specifically described as follows:

A portion of the Maple Creek West Branch tile drain which lies in the Southwest Quarter of Section 12, Township 27 North, and Range 12 East, to-wit: Commencing at the north right-of-way of County Road 400 North, extending northerly 300 feet. Said portion of tile is 22-inch diameter according to original records of Maple Creek West Branch tile drain description. The tile is being vacated at the request of the landowner, Nash, Douglas E/Crystal A, parcel 90-05-12-300-002.000-010, for the purposes of building a new house, tile has been re-located upstream of County Road 400N into the open ditch known as the Maple Creek West Branch.

And the Wells County Drainage Board finds as follows:

1. Due notice has been served on all affected land owners.

2. The application was filed pursuant to I.C. 36-9-27-37 entitled Proceedings to Vacate Regulated Drains.

3. The Wells County Drainage Board has considered at this hearing and during this hearing I.C. 36-9-27-34.

4. The Wells County Drainage Board has further complied with all the applicable provisions of I.C. 36-9-27-49 through I.C. 36-9-27-52.

5. The Wells County Drainage Board, after considering all the state statutes and evidence now finds that:

a. The drain should be vacated because it does not perform the function for which it was designed and constructed or has become inadequate to properly drain all affected land under the current conditions.

b. The expense of reconstruction outweighs the benefit of reconstruction.

c. The vacation of the drain will not be detrimental to the public welfare.

WHEREFORE for all the above reasons the Wells County Drainage Board pursuant to the application and evidence hereby vacates a portion of the MAPLE CREEK WEST BRANCH TILE DRAIN, specifically described as follows:

A portion of the Maple Creek West Branch tile drain which lies in the Southwest Quarter of Section 12, Township 27 North, and Range 12 East, to-wit: Commencing at the north right-of-way of County Road 400 North, extending northerly 300 feet. Said portion of tile is 22-inch diameter according to original records of Maple Creek West Branch tile drain description. The tile is being vacated at the request of the landowner, Nash, Douglas E/Crystal A, parcel 90-05-12-300-002.000-010, for the purposes of building a new house, tile has been re-located upstream of County Road 400N into the open ditch known as the Maple Creek West Branch.

ALL AS ORDERED THIS 8th day of September, 2020

WELLS COUNTY

DRAINAGE BOARD

Aye   Blake Gerber, President

Aye   Kevin Woodward,

Vice-President

Aye   Tamara Robbins, Member

ATTEST:

Jarrod Hahn, Wells County Surveyor

This instrument was prepared by the Wells County Attorney, Roy R. Johnson, Attorney No. 4937-90, 116 South Main St., Bluffton, IN 46714. I affirm, under penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Jarrod Hahn, Wells County Surveyor

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