Badger Pipe Line Company - Page 4

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          is contractually responsible for the cost of relocating its                 
          pipeline if it were found later to interfere with IDOT's                    
          prospective use of that right-of-way.                                       
               Beginning prior to 1990, IDOT disclosed to petitioner and              
          other pipeline companies plans for improvements it intended to              
          make along Illinois Route 83, including pavement reconstruction             
          and the construction of certain retaining walls and noise                   
          abatement walls.  The proposed IDOT improvements along Route 83             
          at the relevant location conflicted with petitioner's and at                
          least three other pipeline companies' existing pipelines within             
          IDOT's right-of-way.  By September 1990, it was determined that             
          petitioner and the other pipeline companies would be required to            
          relocate less than 1,000 feet of their respective pipelines in              
          order to comply with the existing IDOT permits and to avoid                 
          interference with IDOT's proposed improvements at the relevant              
          location.  (Hereinafter we refer to the pipeline relocation                 
          project as the Route 83 relocation.)                                        
               Accordingly, petitioner and two other pipeline companies               
          jointly submitted a proposal to the Village of Hinsdale,                    
          Illinois, and in March 1991 were granted a permit to relocate               
          their pipelines beneath Jackson Street, adjacent to Route 83.               
          Petitioner and the two other pipeline companies agreed to share             
          the cost of removing a portion of Jackson Street and then                   
          restoring it after the pipelines were relocated.  Each pipeline             

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Last modified: May 25, 2011