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,,
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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.
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ALL OF WHICH IS ORDS miS Qay of ►1 , 2006.
Chriet ae Altman
ATTEST:
Approved_
Lynette Moshao&h
Executive Secretary, Hamilton County Drainage Board
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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
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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.