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JR Hawkins Drain - PSI Energy vs Hamilton County04/21/2006 09:56 3117 8442936 j 0 APR -12-2006 WED 03:14 PH CARMEL COMMUNITY SVCS STATE OF INDIANA COUNTY OF HAMILTON ) SS: ) IN RE PSI ENERGY, INC. OVERHEAD AND UNDERGROUND UTILITY FACILI'T'IES IN, UPON, OVER, ACROSS AND UNDER TIS J. W. HAWKINS LEGAL DRAIN AND THE FOLLETT- MORROW LEGAL DRAIN ALTMAN PAGE 02 FAX NO. 317 571 2426 P, D2 APPROVED, AS TO FORM BY: 'TV HAMILTON COUNTY DRAINAGE BOARD ORDER AUTHORIZING PSI ENERGY, INC. OVERHEAD AND UNDERGROUND UTILITY FACILITIES IN, UPON, OVER, ACROSS AND UNDER TEM J. W, EIAWKINS LEGAL DRAIN AND THE FOLLETT-MORROW LEGAL DRAIN Comes now the Hamilton County Drainage Board ("the "Board"), and pursuant to the procedures outlined in IC 36-9-27-1 et seq„ it has considered a request by PSI Energy, Inc. ("PSI") for the Board's consent to PSI relocating certain overhead and underground utility facilities ("the PSI Equipment") in, upon, over, across and under the legal drain known as the J. W. Hawkins Legal Drain which is situated in part of the Northeast Quarter of Section 36, Township 18 North, Range 3 East, and the Follett -Morrow Legal Drain which is situated in part of the Southeast Quarter of Section 25, Township 18 North, Range 3 East in Clay Township, Hamilton County, Indiana ("the Drain"), as generally depicted en the attached Exhibit "A" ("the PSI Energy, Inc. Relocation Easement Area"). At a public meeting held at ( aa on ✓� t�� , 2006, the Board considered the request by PSI, and heard evidence by verbal testimony, and having considered the evidence presented on /lvkj , 2006, and considering all objections and comments from those present, and giving due regard to the provisions of IC 36-9-27-1 et seq,, 04/21/2006 09:56 3178442936 C ALTMAN APR -12-2006 WED 03:14 PM CARMEL COMMUNITY SVCS FAX NO. 317 571 2426 PAGE 03 P. 03 IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED BY THE HAMILTON COUNTY DRAINAGE BOARD THAT: 1. The only legal drain areas which overlap or adjoin the PSI Energy, Inc. Relocation Easement Area are the Drains as approximately shown on the attached Exhibit "B." 2. The Board consents pursuant to IC 36-9-27-33(d) to PSI constructing, operating, maintaining, reconstructing, relocating, adding to, and removing overhead and/or underground utility facilities in, upon, over, across and under the PSI Energy, Inc. Easement Relocation Area portion of the Drains now and at any time in the future; provided, that PSI shall repair at its expense and to the reasonable satisfaction of the Board, any damage PSI may cause to the surface and subsurface of the Drains in the course of said work. 3. The Board further acknowledges that the relocation of the PSI Equipment to the PSI Energy, Inc, Relocation Easement Area occurred because of the request of the City of Carmel. Therefore, the Board does not waive its right pursuant to IC 36-9-27-48 to require PSI to relocate at the expense of PSI, any utility facility now and at any time in the future which is constructed, operated, maintained, reconstructed, relocated, added to, or removed in, upon, over, across and under the PSI Energy, Inc. Relocation Easement Area, including any utility facility which is in, upon, over, across or under the Drains as provided in this Order. Said costs shall be paid by the City of Cantel. 2 04/12/2006 14:34 3178442936 Rpr 12 06 03:26p Renee Voi1s 84/12,2086 14:28 3178442936 C ALTMAN 0 ALTMAN 317-773-1259 RPR -12-2008 WEU 03:14 Ph CPRIIEL CONt1UNIIY SVCS FAX NO. 3I7 571 242B PAGE 04 p.1 PAGE 81 P. 04 ALL OF WHICH IS ORDS miS Qay of ►1 , 2006. Chriet ae Altman ATTEST: Approved_ Lynette Moshao&h Executive Secretary, Hamilton County Drainage Board 3 • 04/21/2005 09:56 3178442936 Apr 12 06 03:26p Renee Voils 04/12/2006 14:28 3176442936 APP. -12-2008 WED 03;14 PCI CARTIEL COMNUN1tY SVCS C ALTMAN PAGE 04 317-773-1259 C ALTMAN FAX NO. 317 571 2426 p.1 PAGE 01 P. 04 ACCEPTED BY CITY OF CARMEL, INDIANA THIS day of . 2006, ALL OF WHICH I5 ORDERED THIS ATTEST: James Brainard, Mayor Mary Ann Hurte, Member Lori Watson, Member Christine Altman Approved: Keaton C!1:1'ard T Hamilton County Surveyor Executive Secretary, Hamilton County Dlainaga Board THIS IS ATTRUE AND CORRECT COPY 3 4%21/2006 09:56 3178442936 C ALTMAN APR -12-2006 WED 03:16 PM CARMEL COMMUNITY SVCS FAX NO. 317 571 2426 PAGE 05 LA o m O� 0 05 -A 7 P O O zl p O W n— O O .. v c P, 11 J. W. Hawkins Drain - Easement Release: Noyes stated that at the request of Altman he was to bring up the Cinergy/Carmel Easement item. Our office knows nothing about this item. We got a fax on Friday and were asked to bring this issue up in Drainage Board. Holt asked what the fax stated. Hoyes stated that this is a new agreement that Carmel has drafted. Altman and Dillinger signed the agreement. Dillinger stated that this was an emergency meeting that Carmel had. Altman called him on it needing a second vote. This has been approved.