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HomeMy WebLinkAbout#1270- Deed; Release Deed- btwn Indiana and Michigan Electric Co and City - Dam across St Joe RiverRELEASE DEED BETWEEN INDIANA & iyiICHIGAI: ELECTRIC CC. AND CITY OF SOUTH BEND. RE: ilAM ACROSS ST. JOSEPH RIVER RELEASE DEED THIS INDENTURE, made this /,a,- day of 1981, by and between INDIANA & MICHIGAN ELECTRIC COMPANY, an Indiana Corporation, whose Post Office address is 2101 Spy Run Avenue, P. 0. Box 60, Fort Wayne, Indiana (hereinafter called "ReTeasor"), and the MUNICIPAL CITY OF SOUTH BEND, INDIANAs(hereinafter called "Releasee"), 1, WITNESSETH THAT : WHEREAS, by quitclaim deed dated December 8, 1965, Releasor conveyed to Releasee a dam across the St. J,)seph River in the City of South Bend, St. Joseph County, Indiana, various appurtenant rights and easements for said dam and a parcel of real estate, which deed is of record in the Deed Records in the Office of the Recorder of St. Joseph County, Indiana, in Deed Book 671, Page 428, and WHEREAS, said deed dated December 8, 1965 contains a restrictive covenant, wherein Releasor was the Grantor therein and Releasee was the Grantee therein, providing, in part, as follows: . . provided, however, that in the event it becomes feasible to use all or any part of said property for the generation of electricity and Grantee or its successors or assigns do so use it, the property herein conveyed shall immediately revert to Grantor." and - 2 - WHEREAS, Releasee proposes to undertake a study of the feasibility of generating electricity on said property and wishes to do so free of the possibility of reverter in the event the property is used for the generation of electricity, and WHEREAS, Releasor is willing to ,waive its rights in this regard in order to help promote the development of a non-polluting energy source. NOW, THEREFORE, for and in consideration of the mutual benefits to be derived therefrom, the parties hereto do hereby agree as follows: 1. Releasor wavies its right to claim a reverter of the property in the event Releasee uses it for the generation of electricity and agrees that the afore- mentioned restrictive covenant shall be amended to include the generation of electricity as one of the public purposes specifically permitted thereby. 2. Releasee assumes all liabilities, if any, associated with or arising from the use of said property for the generation of electricity. -.3 - IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their duly authorized officers the day and year first above written. INDIANA & MICHIGAN ELECTRIC COMPANY s By �A, 0. (2214:ik— (W. A. Black Its: President Attest: Its: Assistant Secretary MUNICIPAL CITY OF SOUTH BEND, INDIANA Lei Its Attest: APPROVED BOARD Of PUBLIC V107YS 4 STATE OF INDIANA ) ) ss: COUNTY OF ALLEN Before me, a Notary Public in and for said County and State, personally appeared W. A. Black and A. H. STUHLMANN known to me and to me known to be the President and Assistant Secretary of Indiana & Michigan Electric Company, an Indiana corporation, and acknowledged the execution of the above and fore- going instrument for and on behalf of -said Indiana & Michigan Electric Company, as Releasor therein; and that they are duly authorized by it so to do. Notary Public CAROL K. PUTMAN, PJotarr Public Resides; of t;'i.:fi{_) County, Indiana My Commiss;os i,;. Sapt. 29, 1982. STATE OF TNDIANA ) ) ss: COUNTY OF ST. JOSEPH ) Before me, a Notary Public in and for said County and Stand John. Leszczynski, personally appeared Roger bn totme and to me known to be the Richard L. Hill, Joseph E. Kernan. , now Mayor and members of the Board of Public Works of the Municipal City of South Bend, Indiana and acknowledged the execution of the above and foregoing instrument for and on behalf of said Municipal City of South Bend, Indiana, as Releasee therein, and that they are duly authorized by it so Lo do. GC�C- Notary Public Patricia E. DeClercq Resident of St. Joseph County, Indiana 1.1y Commission Expires 5/18/84 This instrument was prepared by W. J. Prochaska, Attorney at Law . ...... .. .. .. Ali 0 LEGAL DEPARTMENT INTER -OFFICE MEMO TU: Barbara Byers DATE: May 20, 1981 FROM: Eugenla Schwartz Q)� SUBJECT : Release :from I&M Barb, when the Board of Public Works approves the lease from Indiana & Michigan Electric Co. allowing hydro -electric development at the dam on the St. doe River, would you please send a copy of that release to Pat McMahon, Steve Compton and me. Thank you very much for your help. ESS:az CC: Pat McMahon Steve Compton FROM THE DESK OF - SANDY PARMERLEE LEGAL DEPARTMENT L ) rch 27th, 1981 a Preliminary Permit for the application noted that the contained a covenant which if it becomes feasible to use I South Bend or its successors intarily waive that restriction )mment is a proposed Release I am also writing to advise you that I&M intends to file a Petition to Intervene in the FERC proceeding on your application for a preliminary permit. The purpose of the intervention is basically to enable I&M to keep abreast of developments in this proceeding. It is not our intention to oppose or protest your application. Rather, our intervention may better enable us to cooperate with you in this undertaking. I suggest that we meet in the near future to discuss the Release Deed and how we can be of assistance to you. Sincerely,_ .r /J. L. Flana n Division Manager JLF/b Enclosure A01—H en /�IeC G`iC \vF'uwer INDIANA & MICHIGAN ELECTRIC COMPANY yste ''220 Nest Colfax Avenue, P.0, Box 1731, South Bend, Indiana 46634 Telephone (219) 233.9371 March 27th, 1981 The Honorable Roger 0. Parent Mayor of the City of South Bend County City Building South Bend, Indiana 46601 Dear Mayor Parent: I&M has reviewed South Bend's application for a Preliminary Permit for the proposed South Bend Water Power Project. The application noted that the deed conveying the dam from I&M to South Bend contained a covenant which provides for the reversion of the dam to I&M if it becomes feasible to use the dam for the generation of electricity and South Bend or its successors do so use it. I am writing to advise you that I&M will voluntarily waive that restriction to the deed. Enclosed for your review and comment is a proposed Release Deed. I am also writing to advise you that I&M intends to file a Petition to Intervene in the FERC proceeding on your application for a preliminary permit. The purpose of the intervention is basically to enable I&M to keep abreast of developments in this proceeding. It is not our intention to oppose or protest your application. Rather, our intervention may better enable us to cooperate with you in this undertaking. I suggest that we meet in the near future to discuss the Release Deed and how we can be of assistance to you. Sincerely.,- !J. L. Flana�n Division Manager JLF/b Enclosure _ �PySfe„1 INDIANA & MICHIGAN ELECTRIC COMPANi" 2.20ltocl Colfax Avenue, P.O. liox 1711. South licnd, 111diann •N)1:V1 Telephone (219)23:1-9371 The Honorable Roger 0. Parent Mayor of the City of South Bend County City Building South Bend, Indiana 46601 Dear Mayor Parent: I&M has reviewed South Bend's application proposed South Bend Water Power Project. deed conveying the dam from I&M to South provides for the reversion of the dam to the dam for the generation of electricity do so use it. March 27th, 1981 for a Preliminary Permit for the The application noted that the Bend contained a covenant which I&M if it becomes feasible to use and South Bend or its successors I am writing to advise you that I&M will voluntarily waive that restriction to the deed. Enclosed for your review and comment is a proposed Release Deed. I am also writing to advise you that IVI intends to file a Petition to Intervene in the FERC proceeding on your application for a preliminary permit. The purpose of the intervention is basically to enable Im to keep abreast of developments in this proceeding. It is not our intention to oppose or protest your application. Rather, our intervention may better enable us to cooperate with you in this undertaking. I suggest that we meet in the near future to discuss the Release Deed and how we can be of assistance to you. JLF/b Enclosure Sincerely, L . Fl an Zr', Division Manager L -z- WHEREAS, Releasee proposes to undertake a study of the feasibility of generating electricity on said property and wishes to do so free of the possibility of reverter in the event the property is used for the generation of electricity, and WHEREAS, Releasor is willing to waive its rights in this regard I n order to help promote the development of a non-polluting energy source. NOW, THEREFORE, for and in consideration of the mutual benefits to be derived therefrom, the parties hereto do hereby agree as follows: 1. Releasor wavies its right to claim a reverter of the property in the event Releasee uses it for the generation of electricity and agrees that the afore- mentioned restrictive covenant shall be amended to include the generation of electricity as one of the public purposes specifically permitted thereby. 2. Releasee assumes all liabilities, if any, associated with or arising from the use of said property for the generation of electricity. L I -4- STATE OF ) ss: COUNTY OF ) Before me, a Notary Public in and for said County and State, personally appeared W. A. Black and known to me and to me known to be the President and Assistant Secretary of Indiana & Michigan Electric Company, an Indiana corporation, and acknowledged the execution of the above and fore- going instrument for and on behalf of said Indiana & Michigan Electric Company, as Releasor therein, and that they are duly authorized by it so to do. Notary Public STATE OF ) ss: COUNTY OF ) Before me, a Notary Public in and for said County and State, personally appeared and known to me and to me known to be the Mayor and of the Municipal City of South Bend, Indiana and acknowledged the execution of the above and foregoing instrument for and on behalf of said Municipal city of South Bend, Indiana, as Releasee therein, and that they are duly authorized by it so to do. Notary Public This instrument was prepared by W. J. Prochaska, Attorney at Law RELEASE DEED THIS INDENTURE, made this day of , 1981, by and between INDIANA & MICHIGAN ELECTRIC COMPANY, an Indiana Corporation, whose Post Office address is 2101 Spy Run Avenue, P. 0. Box 60, Fort Wayne, Indiana (hereinafter called "Releasor"), and the MUNICIPAL CITY OF SOUTH BEND, INDIANA (hereinafter called "Releasee"), WI TNESSETH THAT : WHEREAS, by quitclaim deed dated December 8, 1965,-Releasor conveyed to Releasee a dam across the St. Joseph River in the City of South Bend, St. Joseph County, Indiana, various appurtenant rights and easements for said dam and a parcel of real estate, which deed is of record in the Deed Records in the Office of the Recorder of St. Joseph County, Indiana, in Deed Book 671, Page 428, and WHEREAS, said deed dated December 8, 1965 contains a restrictive covenant, wherein Releasor was the Grantor therein and Releasee was the Grantee therein, providing, in part, as follows: . . provided, however, that in the event it becomes feasible to use all or any part of said property for the generation of electricity and Grantee or its successors or assigns do so use it, the property herein conveyed shall immediately revert to Grantor." and -3- IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their duly authorized officers the day and year first above written. INDIANA & MICHIGAN ELECTRIC COMPANY By t�I. A. Black Its: President Attest: Its: Assistant Secretary MUNICIPAL CITY OF SOUTH BEND, INDIANA .39 Its: Mayor Attest: Its: CITY of SOUTH BEND ROGER C. PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEAD. INDIANA 46601 BOARD OF PUBLICI'JORKS, John E. Leszc-_yn*kl, President Richard L. hull Joseph E. Kornan Mr. Ronald E. Prater General. Attorney Indiana & Michigan Electric Co. 2101 Spy Run Avenue P. 0. Box 60 Fort Wayne, Indiana 46801 Dear Mr. Prater: June 10, 1981 219/284-9412 In accordance with your letter dated May 26, 1981, we are enclosing herein the original. recorded Release Deed between I & M Electric and the City of South Bend for the release of a restrictive covenant in a Quitclaim Deed dated December 8, 196-5, wherein I & ai conveyed to the city a dam across the St. Joseph River. The Release Deed stipulates the following: 1. I & M waives its rights to clam; a reverter of the property in the event the city uses it for the generation of electricity aci I & M agrees that the aforementioned restrictive covenant shall be amended to include the generation of electricity as one of the public purposes specifically permitted thereby. 2. The city will assume all liabilities, if any, associated with or arising from the use of said property y'or tlzc f'-cn�ra.tior� o£ c'J..catfr:Lcity . We appreciate your cooperation in this matter. Very truly yours, BO1M OF PUBLIC WORKS Barbara J. Byers, Clerk' BJB/um CC: John E. Leszczynski J. L. Flanagan RECORDE�..5_ RECEIPT No ' 6 7 5 3 95C South Bond, Ind., Received of — AMOUN7 MAY 28 1981 ffft ND pE _DS F } ECTRIC COMPANY Q SDI I �fND ` MORTGAGES I Drt Wayne, Indiana 46801 ORMNT OF M } MECHANICS LIENS ` .3456 U.C.C. FILING U } RELEASES t'� } RONALD E. PRA TER } ASSIGNMENTS ` POWERS OF ATTORNEY I } ART. OF INCORP. } PLATS May 26, 1931 ` MARGiNAI RELEASES } MARGINAL ASSIGNMENTS I } MISCELLANEOUS COPIES OF THE FOLLOWING: DEED -- No. , �_ :rd MTG. — No. I .01 — No. }�f — No. No. ; executed copies of the Release Deed ---� al weeks ago. TOTAL $ �U i properly executed by the City of CHECK 1 the Recorder of St. Joseph County. CASH / $ le stamped by the Recorder's Office REFUND r, Sincerely yours, ST. JOSEPH COUNTY RECORDER Ronald E. Prater General Attorney REP:pcb z, C�G"hm ..n tS cc: J. L. Flanagan A merieen /Electr4c ysINDIANA & MICHIGAN ELECTRIC COMPANY ten 2I01 Spy Run Avenue, P. O. Box 60, Fort Wayne, Indiana 46801 Telephone: (219) 422-3456 May 26, 1931 Mr. Richard L . dill City Attorney County - City Building 227 W. Jefferson Boulevard South fiend, Indiana 46601 Dear Mr. Hill: r41\Vy MAY 2 8 1981 MY OF SOUTH BEND OPMENT OF W RONALD E. PRATER Enclosed are three executed copies of the Release Deed which we discussed several weeks ago. Please have the Deed properly executed by the City of South Bend and filed with the Recorder of St. Joseph sCounty. ofnice Please return one copy file stamped by the to me. Sincerely yours, Rona E. Prater General Attorney REP:pcb cc: J. L. Flanagan