The Howard County Drainage Board on Oct. 6 adopted a resolution consenting to a 35-foot encroachment on the county statutory right of entry for the Dan (transcript alternately referenced as "Dale") Gamble regulated drain to allow a replacement septic system at 235 North Hickory Lane for owner Samuel Morrow.
Board members approved the resolution after staff and the property owner representative described the location and scope of the encroachment. "We are needing to replace a septic system for Mister Morrow at 235 North Hickory, and part of the system will be closer in the easement of the Dan Gamble," Galen Miller said during the public hearing.
The resolution, cited as HCDB 25-13 in the hearing, states the board acts pursuant to IC 36-9-27-33 and consents to a 35-foot encroachment for placement and maintenance of structures, trees, shrubs, woody vegetation and other items identified in an attached exhibit. The owner will be solely responsible for maintaining items in the encroachment area and for removal or replacement and associated costs when county maintenance of the drain is required. The resolution also states the board retains rights and remedies under IC 36-9-27-33 except as modified by the adopted resolution.
A motion to approve the resolution was made and seconded; the chair called for the vote and recorded all in favor. Board staff instructed the owner to have the signed instrument notarized and recorded with the county. "So tomorrow you'll need to come in and make sure it's notarized and then have it recorded," a staff member told the owner after the vote.
No members of the public offered opposition during the hearing on this item, and the board took no additional conditions beyond those written in the resolution.
The resolution text and the attached exhibit describing the encroachment footprint were entered into the record; board staff will process the recorded document per normal procedures.